Medford Residents Question Late Night Zoning Vote

MEDFORD, MA — A late City Council vote on a proposed Mystic Avenue zoning change has fallen under scrutiny from some residents, including the council's vice president. The vote happened during Tuesday's meeting but was reconsidered around midnight, after residents had left, according to City Council Vice President and mayoral candidate Breanna Lungo-Koehn.

Medford's zoning ordinances have not been amended in years, and the city is in the process of hiring a zoning consultant. Though she believes the area needs to be developed, Lungo-Koehn said the process should involve input from the consultant and Medford residents.

The change, which could clear the way for thousands of new apartments, was proposed by Mayor Stephanie M. Burke ahead of the city council's summer break. State zoning regulations require the council to send a zoning ordinance or by-law to the planning department within 14 days of receiving it.

The proposal was initially unanimously sent to committee for review, which would examine the proposal, seek public input and recommend changes or adoption before it is sent to the committee of the whole and put forth to be voted on at a public meeting.

Around midnight, after residents had left, there was a motion to reconsider that vote, Lungo-Koehn said. The council voted 4-2 to send the change to the Community Development Board, bypassing the regular process. Lungo-Koehn and Councilor Michael Marks voted against the measure, with Councilor George Scarpelli absent.

Councilors in favor cited the timeline established by the Chapter 40A zoning law.

"Later on, a city councilor brought to our attention that this matter is a 'Zoning Ordinance' and subject to Mass General Law Chapter 40A, Section 5," City Council President John Falco Jr., who voted in favor, wrote in an email to Patch. "This law states that the city council is legally bound to have a meeting within fourteen days to discuss the proposed project."

Falco said many councilors felt a meeting scheduled in early July, especially around Independence Day, would be "poorly attended" by zoning consultants, department heads and residents.

"I, personally, felt it was a disservice to the public to hold this important meeting knowing that many people are on vacation or travel during this time," he continued. "Having a meeting of such importance rushed in this time frame would not benefit the community."

The Community Development Board will now have 65 days to hold a public hearing, which will likely take place during the summer recess. The City Council will schedule another public meeting after planners complete their review and send their recommendations to the council, according to Falco.

"In my opinion this could go through before we even hire the zoning consultant," Lungo-Koehn told Patch.

One resident described the vote as a "slimy slimy move" on Facebook, while others called it "disgraceful" and "NOT cool." Some pointed out that city leaders, especially the mayor, have been transparent in their desire for aggressive development, and the subject of rezoning Mystic Avenue has been pursued before.

But the perceived secrecy by which the measure moved forward didn't sit well with many people.

"This zoning change will alter the face of Mystic Avenue and this step means it could happen without being vetted thoroughly and without explaining to voters how it impacts a vision for what should take place within our committees," Lungo-Koehn wrote in a lengthy Facebook post blasting the vote. "Whether we are making a minor or major change, the decision shouldn’t be decided without the public’s involvement, or in this case, knowledge."

Falco agreed that zoning changes would have significant ramifications in Medford but argued the move to the Community Development Board will give residents more opportunities to learn about their potential impact.

"I am very cautious about development to the Mystic Ave Corridor," Falco wrote. "Traffic in our city is awful, development continues, and our resources are already stretched thin. These are all quality of life issues and I would rather us take our time and get it right."

Editor's Note: This story has been updated to reflect statements from City Council President John Falco Jr.