Is the Zoning Board of Appeals a key to more affordable housing in Newton?
We all have seen the headlines about years-long zoning fights in the City Council, and, of course, the heated debates over the MBTA Communities Act. But another group is successfully working to increase housing in our neighborhoods, mostly under the radar: the Newton Zoning Board of Appeals (or ZBA).
In 2024 alone, the ZBA approved 479 apartments through the Chapter 40B process, including 105 deed-restricted affordable housing units with over half of those even more affordable than usual, at the 50% AMI level vs. the mandated 80% AMI level. That is hundreds of families, seniors, and working professionals who will get to call Newton home.
The ZBA is currently reviewing a project at 38 Crafts Street. After initial feedback indicated widespread dissatisfaction with the design from both the Board and the public, the developer is returning in May with a completely new proposal. This illustrates the significant influence the ZBA wields over local developments.
We talk a lot at Newton for Everyone about housing opportunities for people of all ages and means; the ZBA is where those opportunities actually get turned into approved housing projects. It is probably the most powerful housing body in the city.
Should you join the ZBA?
Right now, the city has put out a call for new members. Vacancies are opening up this May. If you want to see a Newton with housing options that actually support local businesses and a healthy environment, you should consider applying.
The ZBA is a five-member volunteer board (plus five associate members). Think of them as Newton’s local zoning court.
People often assume you have to be an architect or a real estate lawyer to sit on the ZBA. You don't! The City's website explicitly states, "No specific professional experience is required." What do they actually need? They need people willing to read dense meeting packets, think critically, and treat applicants fairly; often, the most effective members simply bring basic common sense to the table.
The Mayor appoints members (both regular and associate), and the City Council confirms them. New members are generally appointed at the "associate member" level, providing a great way to learn the ropes; associates simply fill in when regular members are absent.
You can apply at the city's Boards and Commissions page. If you are even a little curious about serving, please email us at newtonforeveryone@gmail.com. We can help put you in touch with a current ZBA member so you can ask them what the job is actually like.
The people sitting on the ZBA today have a major role in deciding who gets to live in Newton tomorrow. We hope you'll step up.
A century of zoning (and 40A vs. 40B)
The ZBA operates primarily under two state laws, Chapters 40A and 40B.
In 1920, the state legislature adopted the Zoning Enabling Act, Chapter 40A. Under Chapter 40A, the ZBA handles certain everyday neighborhood issues.
First, there are administrative appeals: when a property owner disagrees with the city building inspector's interpretation of the code, they may appeal to the ZBA.
Second, they handle variances, granting exemptions from Newton’s zoning ordinances for property hardships. If a homeowner has a weirdly shaped lot and needs relief on a setback requirement to build an addition, for example, the ZBA makes the call.
But their real power comes from Chapter 40B (the Comprehensive Permit Act).
Passed in 1969 to address the need for more affordable housing, 40B lets developers bypass local zoning rules if they include enough affordable housing in their project; the developer applies for a single comprehensive permit through the ZBA which has a clear process and timeline that is set by state law and Newton’s local ordinance.
Can Newton still get more affordable housing once "safe harbor" is reached?
There are two sets of 40B rules for the ZBA. One is when less than 10% of housing in a municipality is deemed affordable by the state, and another for when it reaches the 10% mark (AKA “safe harbor”). Newton just recently briefly went above 10% but is now below that number. (Newton keeps track of that here.)
When Newton is under the 10% level, the ZBA can work with the developer to improve a project (design, size, community benefits, etc.). However, if they deny the permit in the end, the developer can go to the state for final approval and the city could lose out on any changes and benefits the ZBA worked to get.
When Newton reaches the 10% level, the ZBA can still work to create more affordable housing under Ch. 40B. At this stage, the 40B law still requires more affordable units in a project than the local inclusionary zoning ordinance. While simplifying the approval process for the developer, the ZBA is in a stronger position to negotiate as the developer can no longer go to the state to overrule an unfavorable ZBA decision. Therefore, this process allows Newton to maintain substantial control over the size, height and design of a project.
Still interested?
If you want to observe a meeting or just mark your calendar, upcoming dates include April 29 (yes, that conflicts with our next event) and May 27. The ZBA meets monthly at 7 p.m. except in the summer and December.
These are hybrid meetings; you can attend in person in the City Council Chamber (Room 207 at 1000 Commonwealth Avenue) or via Zoom. All meetings are completely open to the public, and video recordings are made available online.
The ZBA’s true superpower is to review and approve projects that will create more affordable housing, while aggressively negotiating conditions around traffic, stormwater, and design.
Whether Newton’s affordable housing is above or below that 10% “safe harbor” line, those 7 p.m. hearings of the ZBA are the room where some of the biggest decisions in our city are being made.