Tree Buffer Area Of Concern At Norwood Planning Board Meeting

NORWOOD, MA - During a contentious three-hour meeting Monday night, the Planning Board reviewed but delayed voting on a proposal by Enterprise Rent-a-Car to build a parking lot to sell cars no longer needed for rental.

Enterprise is seeking a major project special permit with conditions to expand its operation to 596 Boston-Providence Hwy. for the parking lot. However, the Planning Board delayed its vote until conditions placed during the meeting can be reviewed.

This hearing had been continued multiple times after the board received pushback from abutters concerned about losing the wooded land at the highway's offramp to Route 1 and its proximity to their homes.

Two years before, the Planning Board had approved a rental car business for the site. However, since the creation of the Boston-Providence Highway zoning district, the owner, David Spiegel, returned to the board to request that 205 parking spaces be constructed because of a change in the company's business model, 164 more spaces than originally approved for the site.

The proposal is for cars in the fleet that are no longer needed to rent out to be sold on the open storage lot. Public hearings began on the proposal in February.

At the start of the hearing, chair Ernie Paciorkowski acknowledged the number of emails and social media posts about the proposal. But he took offense to accusations made against the Planning Board and Planning and Economic Development Director Paul Halkiotis in correspondence he received.

"There was a comment made - and it was made at the last public hearing, too - about inappropriate action by the board and improprieties by the Planning Board in relation to having this project 'in the bag' by the developer," Paciorkowski said. "I am a still offended by that.

"Under no circumstances did the Planning Board or the Planning Department or the town planner have any knowledge or would do anything other than to put this in complete transparency," he stressed.

He added that neither Halkiotis nor Assistant Town Planner Sarah Dixon Bouchard vote on any projects.

Project engineer Matt Smith from Norwood Engineering explained that in the most recent version of the plans, the buffer zone was expanded to a minimum of 30 feet from 20 previously, with one area having a 60-foot buffer because of the land's topography. There will be grading of the land so that digging will not be necessary.

The fence will be eight feet high and now will go across Town of Norwood property and a gas easement. With the redesign, 53% of the lot "will now be green," according to Smith. He noted that he could not recall any commercial project that had more than half of its land as open space.

Brian Almeida, the attorney representing Enterprise, said he "didn't expect the project to be popular." But it was "a less intense use" than other allowed uses, such as a bank or fitness center, which also require parking.

"While I completely understand that the neighborhood is upset about the loss of green space behind their property," he continued, "we've done our best to conserve green space and leave it undisturbed."

Planning Board member and former chair Joseph Sheehan noted that the project was different in scope from when it was first presented to the board. Sheehan said Smith had said at previous Planning Board meetings in September and October 2020 that if additional parking space would be needed that they would be placed on Enterprise's current business property at 859 Boston-Providence Hwy.

"My question to you is, 'Are you changing the way you do business?'" Sheehan asked.

Smith explained that the zoning for the property had changed from residential to commercial with the approval of the Boston-Providence Highway zoning district, which allowed them to pursue the purchase. The new zoning went into effect in October 2021.

"Because the circumstances changed, because the town changed the zoning to allow parking on this parcel, the scope of the project did change," Smith said.

Board member Debbie Holmwood noted that the "spirit of the law" was to bring in more business activity to generate tax revenue.

"When the town publishes a zoning bylaw and says that something is allowed, to me it says it should be allowed," Smith countered.

Halkiotis said he wanted to respond to correspondence from Town Meeting members "who thought they were misled" when voting for the zoning change.

"One of the objectives of the new Boston-Providence Highway [zoning district] was to consolidate four different zoning districts along Route 1," he explained. "There's a total of more than eight miles of new zoning district boundaries."

To notify every abutter along that stretch would have overstressed the Planning Department, he added. Also, state law does not require notification to any property owners for any rezoning. Several major property owners were notified, including Spiegel, Ernie Boch Jr. and Jack Madden. Halkiotis said he told Spiegel that this property would be included in the rezoning.

There were six public information sessions about the rezoning, as well as discussions at "dozens of Planning Board meetings over a period of three years," Halkiotis added. The buffer zone was set at 30 feet and the fence requirement was amended at Town Meeting to eight feet to benefit residents. A landscape buffer was included in the zoning change.

The former zoning allowing for single-family homes "was an incompatible use" for the highway, which also created conflicts between residents and commercial entities. This is what the zoning change attempted to resolve, he said.

He added that Spiegel owns the property and also has private property rights.

Steve Brody, a Town Meeting member, suggested that the parcel be purchased from Spiegel through Community Preservation Act funding to preserve the tree canopy, which drew applause from the audience.

When audience member Kate Button charged that Spiegel didn't own the property prior to the zoning change, Halkiotis said he didn't know when Spiegel purchased that parcel; Spiegel does own other properties along that stretch.

He added that the town's building commissioner conferred with town counsel David DeLuca about the allowed use for the parcel.

"I did not push or advocate one way or the other," Halkiotis said. "I don't put words in David DeLuca's mouth. Yet I've been accused of doing all those things. I take issue with it. There's no evidence to support it."

At that point, Paciorkowski jumped in, saying he was "offended" both on his behalf and on behalf of the board that the suggestion was made that the zoning was changed so that Spiegel could buy the property and use it for the lot.

The zoning would allow for the replanting of one tree every 40 feet if the land were cleared, Smith pointed out. That would amount to 16 trees, which he said the team would be willing to plant in addition to the existing woods, which would not be clear cut.

Resident Eve Hogan said that the trees planted should be "a dense evergreen buffer," according to the bylaw. Smith interpreted that as meaning one tree every 40 feet.

One condition of approval was that that arbor vitae would be planted on the fenceline.

"I understand that it's uncomfortable for the neighbors," Spiegel said. "And I am only trying to develop in a clean, professional way, and trying to do as little trouble to the neighbors."

He added that he was "comfortable" putting pines on the neighbors' side of the buffer zone every 20 feet of the fence.

Halkiotis had a different interpretation of the buffer zone bylaw. He said that a "dense evergreen buffer" should create a "solid green wall" when mature. He estimated that the trees should be planted at every 10 feet.

Smith looked at a different section of the bylaw, which said "one tree for every 40 linear feet."

"The section that he referred to is broad," Halkiotis said. "The section I referred to is specific." He pointed out that the section he referenced applied to the Boston-Providence Highway interface with residential zoning districts.

The hearing was closed with the understanding that the landscaping would be discussed with town counsel about the applicable bylaw section, an updated landscaping plan be presented, and a determination about the location of the fence be presented.