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Council approves courts-and-lanes zoning amendment in single reading to aid neighbor negotiations
Summary
The Newburyport City Council voted unanimously to approve ordinance 2‑13, a zoning amendment that gives the planning board discretion on dimensional rules for courts and lanes developments; supporters said it will help the pending 18 Highland Ave project better fit the neighborhood, while some councilors urged caution about shifting variance authority.
Newburyport — The City Council on March 2 approved ordinance 2‑13, a zoning change that allows the planning board greater discretion over dimensional requirements for developments on courts and lanes, voting 11‑0 to adopt the measure in a single reading after suspending the usual second-reading requirement.
Supporters and abutters said the revision is designed to let the planning board work with developers to produce site plans that better fit older, established neighborhoods. Madeline Nash of 19 Arlington Street, an abutter to a pending application at 18 Highland Avenue, told the council the amendment would allow “smaller front yard setbacks… which would be consistent with the existing neighborhood and result in larger backyards” and help protect mature trees.
Why it matters: Councilors and residents said the change is aimed at preventing ‘mansionization’ and producing more usable backyards, while allowing the planning board to negotiate layouts that reduce negative impacts on adjacent homes. Councilors emphasized the change is discretionary — the planning board would still review each application and could require conditions.
Discussion and dissenting concerns: Several councilors pressed for detail about the ordinance’s likely reach and long-term effects. Councilor Zadeh said the proposal “gives me some pause” because it shifts dimensional discretion to the planning board — a function historically handled by the zoning board of appeals — and warned of unintended consequences if the rule is applied broadly in the future. Director Port and the planning office committed to provide a list of existing courts and lanes that meet current applicability criteria to help the council and public understand the amendment’s scope.
Procedure and vote: The council voted to waive Rule 9(b) and approve the ordinance in one reading; the roll-call vote recorded 11 yes, 0 no. Proponents said the expedited action was requested to allow the planning board and a developer to proceed with an upcoming public hearing on March 4.
What happens next: With the ordinance adopted, the planning board will consider future courts-and-lanes applications under the revised rules. The planning office agreed to provide follow-up information about how many existing properties the change might affect and to track any applications that use the new discretion.
