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Council delays rezone for Hanover/Foundry area after residents and owners object
Summary
The council postponed second reading of a zoning amendment affecting parcels near Foundry Place and Hanover Street after strong, divided public comment and legal concerns about notice and possible spot zoning; staff will report options in August.
A proposed rezoning of parcels near Foundry Place and Hanover Street that would change several lots from Character District 5 (CD 5) to Character District 4 (CD 4) — and one frontage to CD4‑L1 — was postponed after extensive public comment and objections from property owners.
The amendment, which would also adjust the downtown overlay and the North End Incentive Overlay boundaries and revise building-height limits on parts of Bridge and Hill streets, prompted a contentious public hearing. Neighbors and advocates urged more protective transitional zoning (CD4‑W), citing proximity of smaller, historic residences; property owners and developers said the changes would single out parcels and undermine existing development proposals.
Objections and legal issues
Speakers argued the change could create large numbers of nonconforming lots and described inconsistent notice. Several property owners and their attorneys said they received late or no notice of the proposed changes and asked for more time to prepare. Attorney Matthew Cowan, representing an affected owner, said the council had discussed delaying the change until the city’s broader master-plan update and warned of potential claims of reverse spot zoning. Another owner, who said the property had been misidentified in mailed notices, asked for a continuance and said the proposed change could materially reduce what the owner could build.
Council action
After more than an hour of testimony from neighbors, property owners and developers, the council voted to postpone the second reading. The council chair asked staff to prepare a report with possible revisions and to bring recommendations to the council’s August 4 meeting so that any amended language could be noticed for a second reading on Aug. 18.
Ending
Councilors said they wanted to get the zoning right and avoid legal vulnerability and extra nonconforming parcels while respecting longstanding neighborhood character. Staff and the planning board will continue working with stakeholders and bring suggested language and options back to council in August.
