Norwell Select Board members raised sharp objections Wednesday to how the state pushed through a recent Chapter 40A zoning change, with one member calling the process "shady" and suggesting the town send a formal letter of complaint. The discussion came near the end of the board's August 5 meeting, when member Andy Reardon brought up what he described as new information about the zoning change and asked whether the board wanted to discuss it further.
Member Peter Smellie was the most pointed in his criticism, comparing the state's approach to attaching a mandate to a budget resolution rather than allowing for a full public process.
"The way it was done was pretty shady," Smellie said. "Shoving in a budget resolution and saying, 'Hey, this budget has to pass.' Forcing everyone to be like, 'Okay, go for it.' Take the poison pill."
Smellie argued the change should have gone through a longer public process instead, and asked whether the board would be interested in sending a letter of complaint to the state over how it played out, even as he acknowledged it might not change the outcome.
"Versus how it should have been done with months of hearing, letting people actually comment," Smellie said. "It was shenanigan. It's Beacon Hill at its finest was what they did."
The zoning changes at issue were folded into the state's fiscal year 2026 budget bill, which Governor Maura Healey signed July 9 as Chapter 137 of the Acts of 2026. Beyond its budget provisions, the law made substantial amendments to the state's Zoning Act, Chapter 40A, including a significantly loosened standard for granting zoning variances and extended protections for nonconforming properties. Where towns previously could only grant a variance if a property owner showed hardship tied to a lot's soil conditions, shape or topography, local boards must now grant one whenever strict enforcement would create a "practical difficulty," a standard that also weighs the public interest in housing production against the impact on a neighborhood.
Chair Brian Greenberg did not commit the board to a letter Wednesday but agreed to prepare a summary of the zoning change for members ahead of a fuller discussion. He said the board had already discussed the underlying zoning issue extensively during Planning Board meetings, but that a dedicated Select Board conversation was still needed given the scope of what he described as additional changes still to come.
"I can prepare kind of a short summary of what was done and how that impacts Norwell," Greenberg said, "and actually what's potentially coming down the pike now, which is even bigger."
The board agreed to revisit the topic at its August 19 meeting, when Greenberg is expected to present his summary and members can decide whether to pursue a formal complaint to the state. The exchange took place during a broader discussion of the board's committee assignments and upcoming agenda items, including a planned review of the town's water emergency response and a National Grid utility pole hearing scheduled for later in August.