A while back I wrote a post specifically about Ward 5 City Council candidate Debra Waller’s campaigning about parking/zoning issues in Upper Falls (and beyond). This post is a response from Debra Waller about those specific issues – Jerry


Hello, this is Debra Waller and I am writing about a 10/3/21 encounter with Jerry Reilly and his resulting 10/4/21 V14 post “Candidate Debra Waller and Parking.” As I promised in my initial response to Jerry’s post, I have published a newsletter “Spotlight on the Proposed Rezoning’s Severe Parking Restrictions.”  

The newsletter has embedded links to Newton’s current zoning code, proposed zoning code, and state law M.G.L. 40A, § 6. This is the state law that gives “grandfathered” protections to property owners against the zoning enforcement for some, but not all, of the features on their properties that become nonconforming due to changes in the zoning code. Many people think that M.G.L. 40A, § 6 provides grandfathered protections against all features on their property, but M.G.L. 40A, § 6 does not appear to protect parking. That’s important because the Newton’s proposed code for parking is incredibly severe, with no parking allowed in the front or rear setbacks of homes, where many residents park. I’m not asking you to believe me about any of this. I am asking you to go to links in my newsletter and read about the proposed rezoning and the lack of state law protections for parking. 

| Newton MA News and Politics BlogThe Planning Department introduced a formal 232-page draft of their proposed zoning code and revised map on 10/19/18, almost 3 years ago. Since then, there have been 37 ZAP/City Council meetings, 1100+ Planning Department PowerPoint Slides, and 5 drafts of Article 3, the article on residential districts that includes the parking restrictions. These are not suggestions, ideas, or “options.”  These are drafts of binding legislation that the Planning Department has been trying to get through the Zoning and Planning Committee (ZAP) for three years, without a single public hearing, and with all dissenting voices silenced or discredited. The severe prohibition against the front and rear setback parking was in the initial 10/19/18 ordinance draft and has survived through the latest 4/26/21 draft, without the public, and frankly, most of the City Council knowing about it. 

I spoke to Jerry Reilly at Newton Upper Falls Village Day on 10/3/21 about the proposed severe parking restrictions which I was publicizing as part of my Ward 5 City Councilor campaign. In addition to a distributed paper flyer about the parking, my booth had copies of the proposed code sections 3.7.1 on the parking and 10.5 on nonconformities of site characteristics, including parking. I did not have a copy of M.G.L. 40A, § 6, but it is mentioned prominently in my flyer (shown by Jerry in his 10/4/21 post) as “Note that parking spaces are not given the same grandfathered protections by state law that structures are given” and there is discussion about, and link to, M.G.L. 40A, § 6 on my website. I also gave Jerry the copies of the proposed code and I wrote down “M.G.L. 40A, § 6” on one of the pages I gave him and told him to look it up. When I said in my previous 10/4/21 V14 response to Jerry’s post that “Mr. Reilly has also grossly misquoted what I told him verbally” I was referring to Jerry not mentioning my reference to M.G.L. 40A, § 6, which I made a very big deal about in our discussion. As for Jerry’s later posting that the severe parking only applies to new buildings, I believe that is false, but you should look at the laws in my Newsletter links to judge for yourself. 

The entity that should be giving the written-and-on-the-record guidance to ZAP about these laws is, of course, not you, me, or Jerry. It’s the Newton Law Department – whose studied silence at ZAP on the issue of nonconformity protection for homeowners is also documented in my newsletter. To be clear, this guidance has to be written by the Law Department and presented publicly at ZAP – or it doesn’t count. 

Please feel free to contact me with any further questions at [email protected].