Norton Zoning Board Denies 74-Unit Affordable Housing Proposal, Citing Safe Harbor Status

In a recent meeting, the Norton Zoning Board voted unanimously to deny a 74-unit affordable housing project proposal, invoking the town’s “safe harbor” status under Massachusetts General Laws Chapter 40B. With the town exceeding the 10% threshold for affordable housing, the board has greater discretion to reject new projects, a power they exercised in this instance. The decision was made after extensive public commentary and board discussion about the project’s potential impact on the community.

The meeting commenced with an in-depth examination of the proposed development on North Washington Street, which aimed to add housing units in Norton. The proposal, presented as a “friendly 40B” project, intended to offer a mix of market-rate and affordable units. However, residents voiced numerous concerns, particularly about the impact on traffic, infrastructure, and the environment. Nicholas Ferguson, a Norton resident, highlighted a projected 36% increase in vehicle trips, which he argued would exacerbate congestion and safety issues. He also raised doubts about the stormwater management plan and questioned the viability of commercial components in the development.

These concerns were echoed by other residents, including Mark Sweeney and Arman McKill, who questioned the need for the project given the town’s current affordable housing status. Sweeney criticized the proposed density and waiver requests, while McKill expressed skepticism about the project’s potential tax revenue benefits against its strain on local services like schools and emergency services. Melanie Tol, a nearby resident, emphasized worries about the development’s impact on local water resources, citing recent high-density approvals and ongoing water supply issues.

Despite the developer’s representative stressing collaboration and adherence to affordable housing guidelines, the board remained firm. They underscored their ability to impose conditions or deny proposals outright due to Norton’s current compliance with affordable housing regulations.

The meeting also addressed another significant agenda item concerning the application to unmerge lots on Woodland Road. The applicant, Kyle Bernoff, sought to divide a merged lot into two separate lots to construct a single-family residence, arguing the division aligned with local housing needs. However, the board expressed hesitancy, referencing past denials of similar requests based on the policy of treating merged lots as single entities. Members debated the precedent such a decision might set, considering the specifics of zoning bylaws and variance criteria.

Mr. Lonza, representing Bernoff, argued for the proposed development’s alignment with housing demands. Nonetheless, board members remained cautious, with one stating, “I would like to find some way around this, but I don’t know that I could vote for variance relief.” The board’s deliberation centered on the long-term implications for local zoning laws and community development principles.

As discussions continued, the board examined a separate Chapter 40B application aimed at fostering affordable housing. With Norton recently surpassing the 10% affordable housing threshold, the town now has greater leverage over such projects. A representative explained the town’s “safe harbor” status, granting more control over conditions and reducing the risk of appeals. The board noted that while the safe harbor provides flexibility, it also necessitates careful consideration of each proposal’s impact on the broader community.

The meeting captured the complexities of zoning and development in Norton, highlighting the balance between accommodating growth and preserving community character.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Administrator:
Michael Yunits
Zoning Board Officials:
Thomas R. Noel, James Tenore, Brian Spangler, Lukasz Wasiak, Bryan Carmichael (Administrative Assistant)

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