Norwell Reconsiders MBTA Zoning Bylaw Amid Legal Concerns

Select Board Sets Special Town Meeting to Address State Mandate

NORWELL, MA - July 24 - The Norwell Select Board is considering bringing back the previously rejected MBTA zoning bylaw for another vote at a special town meeting on Dec. 12, 2024, citing potential legal and financial consequences if the town fails to comply with the state mandate.

During a recent meeting, town officials discussed the implications of not adopting the bylaw, which requires communities served by the MBTA to zone for multi-family housing near transit.

Ilana Quirk, Director of Planning and Community Development, presented the proposed zoning district, which has received pre-approval from the Attorney General's office and the Department of Housing and Livable Communities. "This district is compliant. It has the right amount of acreage, the right percentage of units," Quirk explained.

The district was strategically chosen to minimize impact on residential areas. "There are no outlets out to residential streets," Quirk noted, adding that it's close to amenities and transportation.

However, development challenges in Norwell were highlighted. "The groundwater is high and the soils are a challenge pretty much throughout the town," Quirk said, indicating that these factors make it difficult to build multi-family housing anywhere in Norwell.

Board members expressed concern about the consequences of non-compliance. Member Brian Greenberg warned of potential "injunctive relief" sought by the Attorney General's office, which could result in multi-family housing being allowed anywhere in town without regulation.

Jason Brown, board chair, emphasized the need to better communicate the low likelihood of development in the proposed district due to soil conditions. "We should be accepting this because it's highly unlikely to ever get built, but it protects our state aid and any other zoning issues that might transpire from not accepting," Brown said.

Out of 177 MBTA communities, about 100 have made their determination, with only about 15 not trying or saying no. Quirk noted, "It's not an overwhelming response."

The board discussed the need to reach out to residents who opposed the bylaw at the previous town meeting, explaining the practical reasons for adoption despite philosophical disagreements with the state mandate.

Bruce Graham, another board member, suggested, "Maybe we can start reaching out to some of the people that we knew were opposed to it vocally at town meeting and just pull them aside and just work on them individually."

Town Administrator Darleen Sullivan added, "We have an option here to go through our process to allow for this district where it was planned out as best and mitigate as much impact as possible. But in the end, it is just 'shall' so they will make it a district and it might be the whole town."