The residents group seeking to repeal Town Meeting’s Oct. 21 vote to bring Needham into compliance with the MBTA Communities Law via the Neighborhood Plan has obtained the required number of signatures to hold a townwide special election in January to revisit the issue.
By 11 a.m Friday, the town clerk’s office had certified 3,927 signatures, well above the 3,764 that Needham Residents for Thoughtful Zoning (NRTZ) were required to provide to bring the issue before the town’s registered voters.
Town Clerk Louise Miller said they still had about 100 pages of signatures, but they have stopped the certification process as the minimum was exceeded. The certification means Needham will not be able to submit a plan by Dec. 31 and therefore be out of compliance with the MBTA law and subject to the accompanying sanctions, including loss of access to various funding programs.
In anticipation of a possible certification, the Select Board had scheduled a special meeting for Monday, Nov. 25, at which the only issue on the agenda will be to review the ballot question and establish a plan for scheduling the election. Miller said the timeline currently being proposed is for a Jan. 14 election. She said she will set up a webpage with information for voters and will also mail residents a warrant for the election that will include mail-in and early voting options.
The guidelines that need to be followed were explained in detail at a Nov. 19 Planning Board meeting in a joint presentation by Town Manager Kate Fitzpatrick, Deputy Town Manager Katie King and Town Counsel Chris Heep.
Voters will be given two voting options: a “yes” vote to affirm the Town Meeting vote to comply with the MBTA law via the so-called Neighborhood Plan or a “no” vote to repeal Town Meeting’s action.
If voters repeal Town Meeting’s decision, Needham would remain out of compliance with the MBTA Communities Law requirements and require a Special Town Meeting to consider a replacement zoning article.
The Planning Board, which would be the author of that plan, would have the option of devising a new scheme or defaulting to the minimally compliant Base Plan that was passed at October Town Meeting but amended to the Neighborhood Plan.
The Planning Board would need to hold a public hearing before it could finalize its plan, which would then be submitted to the Select Board, the town’s warrant committee responsible for scheduling a special meeting.
Due to notice requirements and other procedural steps, the Special Town Meeting might not occur until late February or March.
“We’re very gratified that the citizens came forward and wanted their voice heard,” said Ken Buckley, a member of NRTZ.
Although the NRTZ effort did not oppose Needham’s base compliance with the MBTA Communities Law, it did oppose the approach taken in the Neighborhood Plan. Members raised concerns about the potential for stresses on town infrastructure, destabilized property values and overburdened schools.
Select Board Vice Chair Heidi Frail, who shepherded the town’s zoning effort through a three-year process and made the formal presentation of the Neighborhood Plan, addressed those issues at Town Meeting. “The town provided a moderate, well-studied and data-driven plan to address the town’s housing deficit.” She told the Observer she remains committed to the goals of the more ambitious zoning structure.
“If the town’s voters decide to overturn the vote of Town Meeting, the unfortunate result will be that Needham does nothing to increase housing. One can acknowledge the concern that the town’s character will change, might change over time. This was one of the aspects of the plan that Town Meeting considered when they decided that the neighborhood housing plan in addition to the compliance plan would be best for the town’s future.”
While NRTZ led the opposition to the plan that was passed, a separate citizens group, the Needham Housing Coalition, advocated for a robust plan to address what it sees as a housing crisis.
“We are disappointed that, despite three years of diligent research, public hearings, and careful study, Needham now faces the prospect of noncompliance with the MBTA Communities Act. This jeopardizes crucial funding for essential road improvements and much-needed affordable housing,” the group wrote in a statement.
Milton case could change the narrative
Hovering over the entire issue is an expected state Supreme Judicial Court ruling related to a lawsuit brought by state Attorney General Andrea Campbell against the town of Milton after that community voted to repeal its Town Meeting-approved compliance plan.
Campbell is looking for a declaration from the high court that Milton must comply with the MBTA Communities Law and establish that the AG is empowered to enforce it. Milton is arguing the law was improperly formulated and that communities can be sanctioned but can’t be forced to comply.
An SJC ruling could come at any time, and that decision could have an impact on what’s at issue in the Needham repeal effort.
Jeanne Hopkins contributed to this report.
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