Mayor Fuller released this via her email newsletter on Monday.
Mayor’s Update
A Possible Referendum on Northland
Two weeks ago, the Newton City Council approved by a 17 to 7 vote a special permit and zoning to allow housing, restaurants, shops and offices to be built at the end of Needham Street at Oak Street (i.e., the location for many years of Marshalls, AAA and Paulette’s Ballet Studio). It will be built by the Northland Investment Corporation.
A group of Newton residents are collecting signatures to require the City Council to either repeal its vote or to hold an election for Newton’s voters to decide whether to repeal the approved zoning.
This referendum process is provided for in Newton’s City Charter. The last time it was done was in 2007 when residents challenged the site plan approval of the new Newton North High School to stop its construction. Voters rejected that measure by 2,492 votes, 8,532 to 6,040. (The marijuana ballot questions put to the voters in 2018 were not referendums but rather voter petitions as authorized by state law.) and the
How does the referendum process work in Newton?
- Residents have 20 days from the City Council vote on Dec. 2 to collect the signatures of 5% of the registered voters in Newton at the time of the last municipal election. There were 60,630 registered voters, meaning signatures from 3,032 registered voters must be collected and turned into the City Clerk.
- Once the signatures are filed with the City Clerk, they will be certified by the City Clerk’s office (as delegated by the Election Commission). Certification means verifying that the signatures are from voters registered in the City of Newton. City Clerk David Olson expects the certification process will be complete by Jan. 6, 2020.
- Once certified, the signatures will be publicly available for two days during which time a voter may file a written objection to the sufficiency or validity of the signatures. The Election Commission reviews any challenged signatures and decides if they are valid.
- If a sufficient number of signatures have been certified, the Northland zoning approval is placed on hold pending the outcome of a City Council revote or the results of an election.
- After the signatures have been certified, the City Council has 30 days either to repeal the Northland approval or to refer the matter to voters. To repeal its previous vote requires a two-thirds majority vote (16 votes). The City Council voted 17-7 in favor of the Northland zoning in December. Notably, a new City Council will be seated on January 1, 2020 with five different members. (Four of the departing members voted “aye” with one voting “nay.”)
- If the City Council does not vote to rescind the Northland rezoning, it must set an election date. The election can either be set for the next municipal election in November 2021, or the City Council can set a date for a special election within 120 days. The cost of holding the election could range from $20,000 to $80,000 depending on whether it is concurrent with another. (City Clerk David Olson needs approximately 60 days to notify the public of the election, print the ballots, and line up poll workers for a Special Election. A Special Election may be held on the same day as another election. Notably, there is a Presidential Primary on Tuesday, March 3.)
Where do I Stand?
If there is a referendum, I will vote “yes” to uphold the zoning approved by the City Council and allow the Northland project to go forward.
Like many of us in Newton, I have concerns about approving new development unless it is right for the surrounding neighborhood/village and right for our city as a whole. I know traffic is a real problem in Newton too much of the time. I can see that buildings in new developments in neighboring cities and towns are often poorly designed and out of scale. I spend a lot of time analyzing the condition and enrollment capacity of our schools and I know we will continue to have to invest heavily in our school buildings. I am keenly aware that Northland has been approved even as other developments are under consideration now and in the coming months.
Yet, even in light of these realities, I am now convinced that this Northland project will be good for Needham Street, for Newton Upper Falls and for Newton.
Why?
- We can and should do something better with these 22.6 acres. The site now consists of an enormous empty parking lot, old decaying industrial warehouse buildings, a single-story retail big box store, and a charming historic former piano mill that is vacant and deteriorating. Drive or walk around this aging industrial complex and see for yourself. (You can also familiarize yourself with the plans here.)
- Ten of the 22.6 acres (~ 40% of the site) will be transformed from concrete to parkland, greens and a spray park/playground with 750 new trees and a restored and daylighted South Meadow Brook.
- We get desperately needed apartments (140 of them) for people on tight incomes. Those affordable apartments are guaranteed to be here in perpetuity and will allow us to welcome to Newton so many people that are often excluded because of the high cost of our housing.
- We also add 660 apartments with market based rents of a type that is in high demand here in Newton – rental units in elevator buildings with restaurants and retail outside the front door and quick access to the T. Seniors who are downsizing and people in their twenties and thirties have few choices right now to stay or come back to Newton if they want this type of housing and lifestyle.
- One of the apartment buildings will also be a first for Newton, built for “age-in-community” living using universal design and ADA accessibility standards and designed for people of all ages and abilities.
- The former Saco Pettee Mill (that previously housed Clarks Shoes and Paulette’s Ballet Studio) will be historically preserved and repurposed for office space.
- The project includes not only a mix of retail, restaurants, offices and apartments but also Northland is required to set aside retail space for locally-owned, non-chain merchants.
- The residents, employees and visitors not just at Northland but from Upper Falls and along Needham Street for the first time will be able to hop on a free, electric shuttle that will run every 10 minutes, 16 hours a day, 7 days a week to the Newton Highlands T stop.
- The City Council imposed a maximum number of car trips on Northland. The City of Newton Planning Department will strictly monitor new car trips against this standard and will require changes and/or additional funding from Northland if it doesn’t meet the required traffic level.
- MassDOT is just about to invest $30.5 million in reconstructing Needham Street/Highland Avenue with smarter traffic signals, fewer curb cuts, better sidewalks and protected bike lanes. After this work, Needham Street will continue to sometimes have heavy and slow traffic. However, for the first time, it will be inviting for pedestrians and bicyclists and, with the Northland shuttle, be connected to public transit, the MBTA stop at Newton Highlands, with frequent and free service.
- Almost every parking space will be underground and the City Council insisted on the right number of spaces (not too many and not too few).
- The buildings themselves are required to meet stringent green standards. At least three of them are being built to “passive house” certification levels, making the project a leader in Massachusetts in sustainable development. All of them will meet LEED requirements. Plus, the project includes solar panels, rainwater harvesting, electric vehicle charging stations, electric-only appliances, and plenty of parking for bicycles.
- The design and scale of the buildings themselves were scrutinized and, with a lot of input, changed to work for people walking and biking and for the adjacent neighborhood. Good design principles were incorporated, including breaking up the mass of the buildings.
- Northland is investing heavily in Newton above and beyond the initiatives already mentioned. Another $9.3 million will be invested in upgrades in the neighborhood for transportation ($5 million), sewer system improvements ($1.85 million), renovations to the nearby Countryside Elementary School ($1.5 million), and a spray park/splash pad for little ones by the Upper Falls Greenway ($1 million). (As an aside, Northland is headquartered in Newton and plans to relocate to this site.)
- The City Council analyzed potential impacts by the project on traffic, on parking on the site and in the adjacent neighborhood, on city and school services, and on the environment. The Councilors insisted that the developer design the project and contribute funding that addressed these impacts both now and in the coming years in a comprehensive and enforceable manner.
- The project kept getting better. Listening to the neighbors (300+ meetings and 12 public hearings) and City Councilors, Northland reduced the size from 2 million square feet to 1.1 million square feet to right size it for this location.
- Over the 18 months of active revisions, negotiations and compromises, the Northland project kept getting more and more aligned with the goals set out in the Needham Street Area Vision Plan, a proactive plan finished in August 2018 and written by a broad range of Newton community members. The plan called for just what Northland is delivering. Here is an excerpt. (The full plan can be found here.)
Needham Street Area Vision Plan 2018
“The Needham Street area will be a prosperous mixed-use district that emulates many of the positive aspects of Newton’s villages. The area will be designed for all ages and connected to transportation options. The Needham Street area will continue to reflect its industrial history and current commercial strength while adding diverse residential options and modern innovation industries. It will also be supported by a mix of cultural and recreational opportunities. Future growth will incorporate environmentally sustainable technologies.”
- By the end, the project earned the support of not only two-thirds plus of the City Councilors but also from a wide variety of community groups from the League of Women Voters Newton to Green Newton, Livable Newton to the Newton Urban Design Commission, the Newton Planning and Development Board to the Newton Housing Partnership, the Newton Economic Development Commission to the Newton Conservators, and the Newton-Needham Regional Chamber.
The alternative is uncertain but, to me, unappealing. The site may stay in its rather dilapidated state for quite a while. Northland might come back with an all retail/office proposal. Northland may also choose to move forward with a 40B housing project or projects. In its first phase, it might have up to 646 units (with or without a commercial component), most likely with fewer of the positive elements of the currently approved project. 40B projects bypass all local zoning restrictions such as density and height restrictions when the community does not have a sufficient amount of affordable housing as determined by the state. (Newton does not right now.) More information on the City’s 40B status will be coming later this week.
If this gets to a ballot, I hope you will join me in voting “yes” to allow this project to be built.
I also hope you will join me in listening carefully to and thinking deeply about the concerns raised by those who choose to vote against it. I am continuously struck by the deep love of all of us for this good city. Let’s treat our neighbors with respect during these discussions about Northland and ascribe good intentions and good motives to all.
For the City of Newton I would ask the Mayor, without further delay, to reach out both to Right Size and Developer, whereby the three parties convene and endeavor to hammer out a mutually acceptable modification to the existing plan. A revision to the special permit can be made if needed accordingly and put to City Council vote if needed accordingly.
It can be done. It should be done. There is no legal prohibition preventing the parties from doing this. There is no reason to be held prisoner to process.
Having said this, blame for the “unappealing alternative” the Mayor cites will in part be attributed to her, for failure to take creative (outside the box) leadership at this critical moment.
Thank you Mayor Fuller for your clear explanation of the process as well as your reasons for supporting this project and what’s at risk if this ballot referendum prevails.
@Everyone who reads or posts on
Village 14:
Is it at all possible to have one “safe space” free from the cancer of political
hatred and odious bitching about development, traffic, the Newton schools, teacher contracts, Webster Woods, and the smugness of gadfly Sean Roche??
I am speaking specifically about NextDoor Neighborhood.
Isn’t it bad enough that our schools, places of worship, barrooms, social gatherings, family gatherings community activities have been infected and dominated by endless carping, mostly about politics?
NextDoor Neighborhood should be used for what it was designed for:
To buy or sell things
To link people with needed
contacts and services.
To serve as a neighborhood watch and
bring residents together.
Next Door Neighborhood
is beginning to be highjacked by
politicians and community activists that we hear plenty from already:
At city hall meetings
On NewTV
In the Newton TAB
etc etc etc
I’m speaking specifically about
Ward 5 Councilor Deborah Crossley
V14 gadfly Sean Roche
and ..,..
V14 poster Matt Lai
Please just give it a rest!!!!!
We all know how you both feel about the
Northland Development
Your neighbors know how you feel about the Northland Development
Your pets know how you feel
about the Northland Development
PLEASE STOP ABUSING AND USING NEXT DOOR
NEIGHBORHOOD AS A POLITICAL
CUDGEL. THATS NOT WHAT IT IS FOR!!!
We get it okay?
Gesh…..
Uh Paul Green: This isn’t Next Door, why are you posting this here (and hijacking this thread)? Take it up with them.
@Greg
I am posting this here Greg because your side kick at V14, Sean Roche,
is abusing NDN as well as some of your posters. Also an elected councilor, Deb Crossley, who reads V14 and is sweet on the Northland project reads V14. She probably will be stand next to you when you are posing for photos with at the Northland ground breaking. Don’t be so thin skinned Greg.
Besides, isn’t V14 supposed to be for all things Newton?
Happy Holidays Scrooge!
Paul: Lots of people are sweet on Northland. It not only received a resounding 17-7 vote before the council but it has the support of dozens of community groups, including the League of Women Voters, Green Newton, Engine 6, Newton Urban Design Commission, Newton Conservators, Newton EDC, Newton Citizens Commission on Energy, etc. and for the reasons clearly articulated here, Mayor Fuller.
And on election day and in the preliminary Ward 5 voters rejected the ward and at large candidates opposed to the project and elected those in support.
Paul, do you own or moderate Next Door? If not, it’s really up to them and the other people who post there to determine if there are what you deem taboo subjects. It’s certainly not V14’s problem. Take it up to the moderators of the next door you are referring to.
No one else is fascinated by the referendum being held potentially the same time as a primary? I think that would completely change the odds of it passing. Am I the only one who finds that interesting?
@Greg-
You left out the Newton Needham
Chamber of Commerce…..
I’m told they are sweet on Northland also…
Ohhh Paul Green, you’re quite the detective! Yes the chamber’s board of directors unanimously voted to endorse this wonderful project. How’d you find out?
Fig, I am. I’m sure for the same reason you are – a larger turnout favors the referendum being voted down.
I agree with our mayor’s reasoning on Northland,
appreciate that the council vote was based on facts learned not just from presentations by the developer but in open meetings with the community and their own evaluations,
recognize the transparent process that took place over the past few years,
And am mostly happy with the results of the city’s negotiations.
Northland has proved itself to be a good neighbor who would be a welcome addition to Upper Falls – I just wish they could continue without new hindrances.
Wasn’t the last referendum on marijuana shops or something?
@paul green – I comment on NextDoor and here to balance out and provide an alternative view, one I happen to support. If you don’t like, don’t read it. It’s just that simple!
Back to the topic at hand…while the Mayor and City Council are patting themselves on the back, New England Development agreed to 65% affordable housing and millions more $ in community give backs in their proposed redevelopment of the CambridgeSide Galleria.
But hey, Northland is kicking in a SPLASH PARK (that Newton has to pay to maintain).
https://www.bostonmagazine.com/property/2019/12/17/cambridgeside-rezoning-redevelopment/
Matt,
I’m so glad you brought up the CambridgeSide Mall redevelopment, “a vast remake of the mall won approval from the Cambridge City Council Monday night, allowing New England Development to turn the mall into a mixed-use facility, adding residences, street-entry shops, offices, labs, and restaurants to the once-great retail space.”
Mainly I’m happy because the East Cambridge community represents such a large contrast to Newton’s communities’ perspective on adding new housing such as at Northland presently but also when Austin Street and Washington Place were proposed.
This project is welcomed by the city councilors, citizens’ planning groups and the residents of East Cambridge which is a refreshing position. The council had many of the same concerns expressed by Newton’s such as traffic and the impact on the community but differed in an major way – wanting more workforce housing included.
I’m not sure what 65% of the 30% square footage devoted to housing actually means in numbers of units but it’s great to have it included. Northland will have 140 deed restricted units and the largest Passive House Residential Community in the United States in addition to 10 acres of open space – 40% of the site.
As for New England Development’s mitigation funding, Northland is offering $10 million in mitigation funds plus funding a free shuttle back and forth to the Newton Highlands MBTA and under-grounding all parking and utility lines.
New England Development still has hurdles left – “Plans to rezone CambridgeSide have been in the works for two years, with the City Council and members of the public and community groups offering input along the way. The rezoning, which still needs to go through a special permit process, will allow New England Development to construct up to 575,000 square feet of net new floor area that will be available for commercial, residential, and retail uses.”
Rick,
In addition to the process followed (defined in Newton’s charter) referendums themselves are not the same as ballot initiatives, which is what the marijuana questions were.
Ballot initiatives/questions propose new amendments to the charter or new legislation.
In contrast, referendums propose repealing a law enacted by the Legislature (City Council) and are most often are voted on in general elections.
Regardless of how I feel (which I am actually not sure), I am not too worried about the referendum. Even if the petition passes, I know that what will happen is:
– With zero input from residents, the admin will put a conflicting question on the ballot, asking if one wants to reduce the project from 1.1M to 0.9M square feet
– Someone will pour $300K into a political strategy group which will know exactly how to exploit the situation.
I look forward to seeing the Northland project, and I hope they’ll find a way to extend the greenway to a T station and to Needham.
In Paul’s defense, the pro-NND and Mayor team have embarked on a rather pervasive social media campaign not just on on Next Door, but also Twitter, Facebook and Instagram. They have even gone so far as advertise on FB. (I blocked the ad the first time I saw that!) However, the referendum will likely go to vote anyway – they have more than the requisite number of signatures and actually I think it will be great to have the question brought up to a city wide vote on March 3rd. There are a whole lot of folks who don’t want massive development in Newton who don’t post on V14 or other social media.
Lisa, yes, the referendum will in all likelihood succeed. And Manu, the city admin will not be able to play with the wording on the referendum to confuse and trick the voters into approving the project.
Jim,
What prevents them from doing what I said?
@Lisa, I have a very different opinion on what the people of the city want. If you speak with people on the street you’re likely to run into a bit of confirmation bias. But when I watch the conversations in Newton groups on Facebook, and when I dig into the election data precinct by precinct, I see a small, vocal group of people living adjacent to the developments as opposed, but the rest of the city as being either indifferent or in favor.
This is where we really need more leadership from City Council in that the loud voices in the room don’t necessarily represent the needs and wants of the city as a whole.
Manu – Assuming that the requisite number of signatures are certified, with a 20-day petition the wording on the ballot comes directly from the passed measure with a Yes/No.
With all the free advertising about the petition drive from Northland supporters, I’m inclined to believe that the requisite number of signatures will be certified. Twelve entries show up on the front page of Village 14 at this point. Seven of them relate some aspect of this topic. You’ve done RSN a huge favor – informed the community about the context for the petition drive so that the signature collectors don’t have to take valuable time to do so.
I was just asked to sign the Right Size petition by a woman at the Star Market in Newtonville. I only knew who she represented because there was a sign that said Right Size beside her.
She became indignant after she asked for my signature and I asked her why I should sign what she had on her clipboard. She said I did not need to know and should just sign it so she could turn it in to city hall. I told her I didn’t sign anything I hadn’t read first and she shouldn’t either. She went on to raise her voice and tell me I should just sign and research it later as I walked away.
I don’t want to be unkind to anyone but I am confounded by residents who will participate in gathering signatures without any info as to why. What are they being told by Randall Block or anyone else at Right Size? Why are they participating?
We continually hear reports of petition gatherers misleading the public. A manager at one store I heard about said he was told by the signature gatherers that they were there to register people to vote.
Jane: What prevents the admin to put another conflicting question on the ballot? Is this explicitly forbidden? How would this be different with what happened with out-out Newton?
Having gathered signatures before, it is a tough process. I sympathize with anyone doing it. To the person signing, it is an instant of first impression. To the person holding the clipboard, it is a battle with repetition and frustration. Lots of “no” and lots of folks venting their frustration when they don’t agree with you.
I’ve had similar interactions with folks on every Newton petition drive. I usually just walk away if it gets at all heated, and try and remember that they aren’t mad at me, they are frustrated regarding the issue at hand. And often times, the folks who believe the most in the cause have the details, and the folks who gather the signatures believe in those people. Sort of like how often the door to door canvassers for political elections are clueless. Nice, but clueless.
This too shall pass. Hopefully on March 3.
@marti, would love to chat/learn more from you regarding East Cambridge. While I’m passionate about NND, I have never pretend to be a expert on zoning or development. Which brings up the next point….
Sorry you had a bad time with the petitioner, and it brings back memories of when OON was gatherings signatures for the MJ vote. These are both issues that are deeply driven by emotion.
As someone who lives 1/2 mile from NND, I’ve been following and commenting on this for the better part of 2 years. But in the last 2 weeks since the NND vote, the level of activity and emotion (if not vitriol) has gone thru the roof.
The Mayor and certain Councilors who uses their normal constituent emails to urge people not to sign only adds fuel to the fire. Some elected officials have even resorted to online posts to urge people not to sign!!
From what I hear, there should be enough signatures to move forward with a referendum. As Jim noted, it’s mind boggling that none of our civic leaders have tried to bring the 3 sides together – Northland, Newton and RSN.
Is it the “quasi judicial” thing again. ;-)
(Sorry that was a little snarky…just trying to inject a little humor)
Manu – The 20-day petition is a referendum has to relate to a specific passed measure that refers the matter back to the city council or to the voters. You will note that each petition sheet has an abbreviated form of the special permit at the top. That’s what will be voted on. Neither the city council nor the mayor can craft another message.
Opt Out did an initiative petition which is an entirely different process in which a group of residents requests passage of a particular measure that the council or school committee has not passed so the language of the item on the ballot must be developed after the signature collection is completed.
The process for both an initiative and a referendum petition is laid out in Article 10 of the city charter.