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Newton committee approves narrower as-of-right rule for additions to nonconforming homes

November 25, 2025 | Newton City, Middlesex County, Massachusetts


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Newton committee approves narrower as-of-right rule for additions to nonconforming homes
Chair Lyle Baker opened the virtual Zoning and Planning Committee meeting by renewing debate over an amendment to Chapter 30 that would allow certain additions to residential buildings with existing nonconforming heights to proceed as-of-right rather than only by special permit. Baker said the change is intended to reduce hardship on owners on sloped lots while adding protections for neighboring properties.

Planning staffer Zachary LaMille explained the technical limit: additions would not be allowed to exceed the existing ridgeline, and practical controls such as floor-area ratio (FAR), lot coverage, number of stories and facade-ratio requirements would in many cases prevent a dramatic increase in visible height. LaMille said the rule change is meant to address cases where measurement from a changed grade produces an apparent height increase even though the building’s ridgeline is unchanged.

Councilors pressed staff on how the change would work in practice; Baker proposed that, in qualifying slope situations, the setbacks that apply to new lots in the zoning district be used to trigger as-of-right relief, while leaving special permits as an option for atypical cases. Councilors expressed concern about the effect on downhill abutters and whether retaining-wall work or other grading would be used to circumvent limits.

After discussion, Councilor Vicki Danberg moved approval of the amendment. Multiple members said the rule change applies only in limited circumstances and that existing zoning controls would cap intensity. The committee voted in favor by voice; Chair Baker said the item will be reported to the full council on Monday for further consideration.

The committee’s action advances a narrowly-drawn measure intended to ease regulatory hardship for property owners on sloping lots while adding procedural or setback safeguards for neighbors. The measure as drafted keeps a special-permit path available for situations where as-of-right relief is not appropriate.

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