Braintree Residents Protest Zoning Change Proposal

BRAINTREE, MA — Dozens of residents picketed outside the town hall before Monday night's Planning Board meeting, many calling for Braintree's elected officials to slam the brakes on a new 160-page zoning ordinance the Town Council is considering. The plan, which costs the town over $300,000, was developed by the Horsley Whitten Group, an outside consulting firm. Representatives from the firm presented the plan to residents at a public forum Monday.

Over 50 residents, many arriving 90 minutes before the start of the meeting, voiced their objections to the ordinance on the sidewalks outside town hall, with signs saying, "Rezoning is betrayal," "Our town is not for sale" and "Where is the Master plan (Mayor) Joe (Sullivan)?" Passing motorists honked in support.

Residents object to both the zoning ordinance and a separate proposal also being considered, called Chapter 40R, which would zone three districts near the Braintree MBTA station. Those districts would allow construction of high-density housing developments, with a potential for 445 housing units, at least 20 percent of them reserved for affordable housing. Sullivan said 40R requires state approval and the application hasn't even been submitted yet.

Residents like Jennifer Longobardi, who helped organize the demonstration, said she's not against growth and new zoning in town, but wants to make sure it is "smart growth" that puts the residents first. She criticized the zoning ordinance, arguing that like 40R, it opens the doors for too many multi-family developments.

"If this zoning ordinance passes, it still allows for dense housing to be developed," Longobardi argued. "It still allows more units per acre than what we currently have, and that's not really ideal in a community like Braintree."

Longobardi argued that before any zoning changes, a master plan must address the effect on schools, water infrastructure and roads.

"It's not that we don't want growth, it's that we want growth at the right pace...," Longobardi said. "Consider how much growth you allow in a number of years...Consider the resources."

Larry Mackin, a 30-year Braintree resident, believes there hasn't been enough transparency in explaining the proposal.

"This hasn’t been fully explained to the residents of Braintree," Mackin said. "It would totally change the complexion and character of our community to a stable community of homeowners and neighborhoods."

At the planning board meeting, the firm that developed the zoning ordinance sought to explain the proposal to the public. Mayor Joseph Sullivan also told residents that the ordinance should not be rushed, and encouraged them to ask questions and look for the positives.

"We grow open space with this proposal," Sullivan said. "We protect neighborhoods with this proposal."

He also said if it takes years to get the plan right, that's okay.

"This exercise is about doing things on our terms," Sullivan told the public.

According to Nate Kelly, of the Horsley Whitten Group, the firm worked with a panel of residents, town council members, a representative from Sullivan's office and various other Braintree officials to address issues with the existing ordinance and eliminate situations where properties are split between two different zoning districts. Braintree hasn't updated its zoning plan since 1970.

"A lot of changes on the zoning map are to reflect what's on the ground today," Kelly told the Planning Board, comparing the former hand-drawn maps to more precise digital maps the firm developed.

Besides clarifying the districts, the proposal creates a number of requirements regarding building height, frontage and setbacks. But the zones also clarified what types of housing are permitted.

The two largest residential zones ban construction of anything besides single-family homes. Two-family, mixed-use and multi-family dwellings are not allowed, even with special permit, the zoning proposal said. A map that assigns the proposed zones is posted online.

The proposal also adds 446 acres of open space, Kelly said. This land is protected from development even if ownership is transferred. Planning Board chair Robert Harnais said the open-space zoning helps protect Braintree for many years.

Several zones allow for the building of multi-family and mixed-use developments via special permits, mainly in new "Transition Districts" along Washington Street. The nearby "Village Center District"also allows two-family homes without special permit, but a permit is required for mixed use and multi-families.

Braintree-Weymouth Landing allows for two-family and multi-family dwellings with a special permit, and mixed-use properties with a full site plan review.

After the presentation, almost every resident who spoke pointed out supposed flaws in the plan. So many people showed up, that the hearing had to be continued for April 22 at Braintree High School to accommodate the amount of people likely to attend.

A majority of the residents who spoke supported having a new master plan established before any new zoning ordinances are adopted. Resident Julia Flaherty said that while the proposal has strengths, especially in limiting industrial activity, she is concerned that it is not clear how much housing could result.

"I need a plan, and I don't right now feel like I have any sense of what that is," she said.

Christine Stickney, the town’s director of planning and community development, said the comments asking for a master plan are not fair, noting several studies the town has undergone in recent years.

"We have done a lot of the components of a master plan," Stickney said.

Former Town Councilman Michael Owens said zoning updates are an essential part of attracting new industries to Braintree. Owens said the town is too reliant on retail, and that if the South Shore Plaza were ever to close, the town would be in serious economic danger because of the loss of property taxes.

"Our economy is heavily in the retail sector when retail is on the decline...," Owens said. ""It's a dangerous equation when one local economy is too dependent by one sector."

Owens argued that a master plan is needed, and zoning needs to be a part of it.

Others worried the plan allows too much multi-family housing, including former planning board member Jill Coyle.

"If I wanted to live in a two-family city or town, I would have bought a house there," Coyle said.

Some speakers claimed the proposal would allow the building of multi-families without a special permit, even in zones where it doesn't allow that. Harnais said this "lie" has been spread on social media, along with another rumor that the town is being pressured by the state and the City of Boston to develop more housing.

"That is an absolute lie," Harnais said.

Following public forums, the planning board makes a recommendation on zoning to Town Council. A two-thirds vote from the council is required to approve the ordinance.