The Newton City Council adopted an amendment to Section 5.4.2 of the zoning code that changes how retaining walls are regulated in MBTA Community Overlay Districts (VCOD/MRT areas) to align with conditional guidance from the state. The council approved the measure 13–10 with one absence.

Under the approved language, on-site retaining walls up to 4 feet in height remain allowed by right. Retaining walls between 4 and 8 feet will trigger site-plan review by the Planning and Development Board; walls above 8 feet continue to require a special permit. The ordinance preserves an exception allowing higher retaining walls when they are integral to a building and used to accommodate parking beneath the structure.

Councilor Oliver, who introduced the item as vice chair of law, said the change responds to state feedback while retaining some local oversight. He described the Planning and Development Department as having an “unofficial nod” from the Executive Office of Housing and Livable Communities (EOHLC) that eight-foot retaining walls tied to parking under buildings are generally acceptable.

Opponents said the change shifts too much discretion away from neighbors and could allow tall walls near property lines that, when combined with fencing, substantially affect abutters. Councilor Lucas said he opposed the change and criticized the state for “moving the goalposts” on local zoning. Councilor Wright urged caution about giving developers more rights and questioned whether site-plan review offers adequate enforcement teeth.

Supporters said the amendment is a calibrated compromise to bring Newton into conditional compliance with the MBTA Communities Act and avoid re-starting the entire public-hearing process. Councilor Baker said the 8-foot threshold represented a middle path after committee deliberations and that site-plan review provides the planning board authority to impose conditions that mitigate neighborhood impacts.

Votes and process: The Planning and Development Department and the council’s Zoning and Planning Committee considered alternate options earlier; committee votes and public hearings were referenced during floor debate. The council concluded debate and passed the amendment by roll call, 13–10 with one absence. Several councilors said the change is reversible and that further adjustments could be sent back to committee if necessary.

What this means: The ordinance change clears the remaining zoning item for Newton’s package submitted under the MBTA Communities Act for conditional approval. Developers seeking to use taller retaining walls for surface parking will now be subject to site-plan review when walls fall in the 4–8-foot range; any application above 8 feet will continue to need a special permit with public hearings.