On Jun 17, 2024, ‘Newton MA Impact’ filed an appeal in the
Massachusetts Superior Court to challenge the ZBA’s decision to issue a
comprehensive permit to Toll Brothers, Inc. This appeal is a critical first step
in a long process, but our attorney believes we have a strong case. The crux of
our case is that the ZBA and the City of Newton acted in negligence by not
requiring the developer to conduct necessary due diligence before approving
this project
• Insufficiently assessed hazardous waste that may be present on the site,
or mitigation thereof once construction were to begin
• Insufficiently vetted impacts on stormwater, lighting, parking
construction management and hazardous waste to public health and
safety
• Did not demonstrate that the stormwater system could handle an
increase to almost 50% impervious coverage
• Deferred review of the stormwater (and flooding control) system to the
Newton Conservation Commission, a body that is not tasked with such
review
• Granted excessive waivers and waved significant and standard fees and
ordinances, without demonstrating such economics were required for
the project
• Failed to claim safe harbor, despite Newton hitting the threshold
• Waived state law requirement for the Newton Planning Board to
approve combination of seven lots into one
• Limited public participation to the detriment of the community
• Granted a comprehensive permit without adequate information
• Missing requirements and plans, Construction Management Plan,
Photometric Plan, Transportation Demand Management Plan, Long
term, Pollution Prevention Plan, Operations and Maintenance Plan,
• Sufficient test pits to verify the stormwater management system would
work