Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Curb Cuts topic
No spam. Unsubscribe anytime.
Council orders legal review after residents say developer withheld objections in curb cut approval
Summary
Council adopted a policy order directing the city solicitor to investigate whether already‑approved curb cut permits can be revoked when applicant submissions omitted neighborhood opposition; the order follows testimony that petitioners withheld negative postcards from the city file.
Get email alerts on the Land Use Curb Cuts topic
No spam. Unsubscribe anytime.
The City Council voted June 9 to ask the city solicitor to determine whether the council can rescind an already‑approved curb cut if the permit application was incomplete or misleading due to applicant conduct.
Public testimony focused on a curb cut at 177 Hancock Street. Regis Shields, speaking for nearby neighbors, said signatures opposing the curb cut were either withheld by the developer or not properly recorded, and urged the council to preserve the integrity of the review process. He said reversal options were needed to deter applicants from circumventing neighborhood review.
Councilor Wilson moved the policy order. The city solicitor told the council the law department had reviewed city records and could not confirm any undisclosed materials in the council file, but said the department would research whether an approval could be revoked based on intentional omission or fraud. Solicitor Barbara Bayer told the council that at minimum any revocation process would require notice and an opportunity for the applicant to be heard.
The council adopted the policy order on a recorded vote: 6 yes, 1 no, 2 present. Voting yes were Azim, Vice Mayor McGovern, Nolan, Siddiqui, Sabrina Wheeler and Toner (record indicates six affirmative; roll call in transcript lists who voted yes/no). Council members emphasized the order was a request for legal analysis, not an automatic reversal of any particular permit.
Solicitor Bayer said the law department would return with an analysis of whether the council has authority to revoke approvals where applicant omissions or misrepresentations are alleged, and with recommended procedures if revocation is legally possible.
