Newton City Council - December 1, 2025

December 1, 2025
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Meeting Minutes: Newton City Council - December 1, 2025

Meeting Date: December 01, 2025 Governing Body: Newton City Council Type of Meeting: Regular Meeting Attendees: Councilor Marc C. Laredo (President), Councilor Richard A. Lipof, Councilor Alison M. Leary, Councilor Leonard J. Gentile, Councilor David A. Kalis (Vice President), Councilor Victoria L. Danberg, Councilor Bill Humphrey, Councilor Andrea W. Kelley, Councilor Pamela Wright (remote), Councilor John Oliver, Councilor Randy Block, Councilor Stephen Farrell, Councilor Alan Lobovits, Councilor Maria Scibelli Greenberg, Councilor Andreae Downs, Councilor Joshua Krintzman, Councilor Tarik J. Lucas, Councilor Susan Albright, Councilor Rena Getz, Councilor Julia Malakie, Councilor Rebecca Walker Grossman, Councilor R. Lisle Baker, Councilor Martha Bixby, Councilor David Micley (remote).

Executive Summary: The Newton City Council convened for a regular meeting, addressing a range of land use, zoning, and administrative matters. Key decisions included the approval of the Riverside mixed-use development project, which involved significant zoning changes and a special permit for 755 residential units and commercial space. The Council also approved several appropriations for city infrastructure projects and the creation of an older adult services gift account. A significant portion of the meeting was dedicated to the development and adoption of a Code of Conduct for the City Council, which, after several proposed amendments, was ultimately adopted and incorporated into the Council's rules.

Pledge of Allegiance

  • Led by Councilor Lipof.

First Call Items

  • Recusals: President Laredo recused himself from a late-filed item related to his future actions as Mayor. Councilor Bixby recused herself from item 341-25. Councilor Farrell voted no on item 261-25. Councilor Lucas voted no on item 342-25. Councilor Malakie voted no on items 44-24 and 342-25.
  • Vote: All first call items were approved with a vote of 24-0, with specific exceptions noted for individual councilors' votes.

Land Use Committee Report (Chair Kelley)

  • The Land Use Committee met on November 18th.
  • Item 261-25: Request to allow parking in the front setback at 47-49 Ripley Street.
    • Outcome: Approved 7-1.
  • Item 335-25: Request to amend Special Permit Number 189-81E at Eldridge Street.
    • Outcome: Approved 8-0.
  • Item 336-25: Request to allow daycare use and waive parking stalls at 60 Needham Street.
    • Outcome: Request to withdraw without prejudice was approved.
  • Class Two Auto Dealer Licenses:
    • Item 343-25: Newton Auto Group.
    • Item 344-25: Jacob and Associates.
    • Item 345-25: Roberts Towing.
    • Item 346-25: West Newton Auto Service.
    • Outcome: All approved by the committee.
  • Item 355-24: Request to allow a mix of for-profit education, personal instruction, non-accessory parking, wholesale bakery, vehicle storage, and vehicle repair, sales and service, and to waive 41 parking stalls at 28-30 Riverdale Ave.
    • Outcome: Request to withdraw without prejudice was approved.
  • The Land Use Committee also addressed items from its November 25th meeting:
    • Item 339-25: Request to exceed FAR at 12 Garden Road.
      • Outcome: Approved.
    • Item 340-25: Request to allow an oversized dormer with an interrupted wall plane to exceed FIR at 15 Clinton Place.
      • Outcome: Approved.
    • Item 341-25: Request to approve Special Permit 65-96 from 1996 to allow a second parking stall in the front setback at 63 Hyde Street.
      • Outcome: Approved 6-2.
  • Public Hearings Requested:
    • Item 348-25: Scheduled for December 2nd.
    • Items 238-25 and 239-25: On second call for tonight (Riverside project).

Zoning and Planning Committee Report (Chair Baker)

  • The committee report included supplemental information.
  • Item 375-24-2: Zoning and Planning Committee requesting discussion and possible amendments to Chapter 30 zoning to allow additions to buildings with existing non-conforming height that increase the non-conforming height but do not go higher than the existing ridge line.
    • Outcome: Approved by the committee 6-0-1 (one not voting, one absent).
  • Item 44-24: Requesting reevaluation and possible amendments to the inclusionary zoning ordinance.
    • Outcome: Approved by a vote of 6-0-1.
    • Information describing changes is in an extensive attachment to the committee report.

Programs and Services Committee Report (Chair Krintzman)

  • The Programs and Services Committee met on November 19th.
  • Item 287-25: Appointment of Ellen Penso to the Council on Aging.
    • Outcome: Approved unanimously 5-0.
  • Item 314-25: Mayor requesting a home rule petition to modify the posting of legal notices for public hearings.
    • Outcome: Approved by the committee 5-0.
  • Item 327-25: Creation of an older adult services gift account.
    • Outcome: Approved by a vote of 8-0.

Public Safety and Transportation Committee Report (Chair Grossman)

  • The committee met on November 19th.
  • Item 337-25: Appeal of Traffic Council Decision TC 50-25, a request to consider restricting parking along either one or both sides of a block of Islington Road between Commonwealth Avenue and Rider Terrace.
    • Outcome: Approved 7-0.
  • Item 342-25: Appeal of Traffic Council Decision TC 44-25, concerning 15 permits for staff to park in the Austin Street Municipal Lot without paying the kiosk during enforcement hours.
    • Outcome: Denied 6-2.

Public Facilities Committee Report (Chair Albright)

  • Item 324-25: Appropriation of $297,400 for a pump station rehabilitation project.
    • Outcome: Approved 6-0.
  • Item 325-25: Appropriation of $325,000 for the Cheesecake Brook sub-basin.
    • Outcome: Approved 6-0.
  • Item 326-25: Request for discussion and ordinance to require energy use reporting by owners of buildings not subject to Newton-Burdo.
    • Outcome: Voted "no action necessary" 6-0.
  • Item 347-25: Request for discussion and ordinance to allow voluntary energy use reporting by owners of buildings not subject to Newton-Burdo.
    • Outcome: Voted "no action necessary" 6-0.
    • Note: These last two items were referred back to the Energy Commission for further work and reconsideration in the new term.

Finance Committee Report (Chair Gentile)

  • Item 157-24: Councilors Gentile, Block, Laredo, and Krintzman requesting that the Mayor, through the Law Department, solicit proposals from outside special counsel to assist the city in the analysis of the city's rights and remedies to ensure compliance with and enforcement of applicable permits at the Turner Lane site in Auburndale.
    • Discussion: The Law Department provided an update, noting that outside counsel had been solicited due to the project owners filing for bankruptcy, to protect the city's interests.
    • Outcome: Committee voted "no action necessary" 8-0.
  • Item 324-25: Mayor requesting the appropriation of $297,400 from the sewer fund surplus to fund the design and repairs and rehabilitation of three important sewer pump stations.
    • Outcome: Approved 8-0.
  • Item 325-25: Mayor requesting the appropriation of $325,000 from the Stormwater Operating Reserve to fund the development of a comprehensive stormwater infrastructure analysis for the Cheesecake Brook Sub-Basin.
    • Outcome: Approved 8-0.
  • Item 327-25: Mayor requesting the creation of a Department of Older Adult Services for an upper limit of $1,000,000 to help fund affordable programs, events, and scholarships for older residents.
    • Outcome: Approved 8-0.
  • Late-Filed Item 362-25: Requesting information on the future staffing of the executive department.
    • Action: Councilor Gentile requested a suspension of the rules to docket this item.
    • Vote on Suspension of Rules: Approved by voice vote.

Real Property Reuse Committee Report (Chair Danberg)

  • No report for this evening.

Second Call Items

Riverside Project (Items 238-25A, 238-25B, 239-25)

  • Background: The Land Use Committee met on November 18th to review and vote on the Riverside project, which was presented in three related parts. The original docket item requested 750 residential units, now changed to 755 due to site and building configurations. Text amendments included net reductions in lot area, maximum stories and height of buildings, and changes to access requirements and post-construction arrangements. Public comments included emphasis from the Carpenters Union on union labor, which the Law Department clarified was not within the City Council's capacity to enforce. A new issue arose regarding Fire Chief Gentile's request for a two-way radio communication system (radio tower/antenna) required by fire code, with the committee agreeing to cap the developer's expense at $500,000. The project was noted to meet energy and sustainability provisions and had appropriate parking studies. Any increase to the 755 units would require a special permit amendment.

  • Councilor Block: Expressed long-term involvement with the project since 2018, noting the evolution from 1.5 million square feet with a hotel and office buildings to the current 897,000 square feet with no hotel/office but over 750 housing units. Stated support for the plan, acknowledging it's not perfect.

  • Councilor Krintzman: Recalled involvement since 2007 as President of the Lower Falls Improvement Association. Expressed hope for more commercial components (office space, retail) and less parking to reduce traffic. Pleased to support the project, acknowledging the hard work of many individuals and the Land Use Committee.

  • Councilor Gentile: Supported the project for two main reasons:

    1. Provides more housing, including affordable housing, addressing a daily need.
    2. Traffic studies indicate significantly less traffic compared to previous proposals with high-rises, benefiting Lower Falls and Auburndale.

  • Councilor Oliver: Stated intent to vote no, expressing concern that properties like this will no longer exist in the city and that Newton needs to protect all interests, not just housing. Believes a different way to balance needs is required.

  • Councilor Malakie: Stated intent to vote no, echoing Councilor Oliver's concerns. Advocated for "smart and city development" that includes a worthwhile proportion of commercial space in mixed-use projects. Believes the current approach focuses on short-term interests at the expense of long-term planning.

  • Motion to Approve Item 238-25A (Zoning Change - Text Changes outside height and stories):

    • Moved by: Councilor Block
    • Seconded by: Chair Kelley
    • Roll Call Vote:
      • Ayes (23): Albright, Baker, Bixby, Block, Danberg, Downs, Farrell, Gentile, Getz, Greenberg, Grossman, Humphrey, Kalis, Kelley, Krintzman, Leary, Lipof, Lobovits, Lucas, Oliver, Wright, Laredo, Micley.
      • Nays (1): Malakie.
    • Outcome: Approved 23-1.

  • Motion to Approve Item 238-25B (Zoning Change - Construction of the project, relating to height and number of floors):

    • Moved by: Councilor Block
    • Seconded by: Councilor Gentile
    • Roll Call Vote:
      • Ayes (23): Albright, Baker, Bixby, Block, Danberg, Downs, Farrell, Gentile, Getz, Greenberg, Grossman, Humphrey, Kalis, Kelley, Krintzman, Leary, Lipof, Lobovits, Lucas, Oliver, Wright, Laredo, Micley.
      • Nays (1): Malakie.
    • Outcome: Approved 23-1. (Requires two-thirds vote for zoning changes related to height/floors).

  • Motion to Approve Item 239-25 (Special Permit Petition - Request to construct a mixed-use development with residential, commercial, parking, and public open space):

    • Moved by: Councilor Block
    • Seconded by: Councilor Krintzman
    • Roll Call Vote:
      • Ayes (22): Albright, Baker, Bixby, Block, Danberg, Downs, Farrell, Gentile, Getz, Greenberg, Grossman, Humphrey, Kalis, Kelley, Krintzman, Leary, Lipof, Lobovits, Lucas, Wright, Laredo, Micley.
      • Nays (2): Malakie, Oliver.
    • Outcome: Approved 22-2.

  • Motion for Reconsideration of Docket Item 238-25A:

    • Moved by: Councilor Gentile
    • Seconded by: Councilor Krintzman
    • Voice Vote:
      • Ayes: 0
      • Nays: All present councilors.
    • Outcome: Reconsideration fails.

  • Motion for Reconsideration of Docket Item 238-25B:

    • Moved by: Councilor Gentile
    • Seconded by: Councilor Krintzman
    • Voice Vote:
      • Ayes: 0
      • Nays: All present councilors.
    • Outcome: Reconsideration fails.

  • Motion for Reconsideration of Docket Item 239-25:

    • Moved by: Councilor Gentile
    • Seconded by: Councilor Krintzman
    • Voice Vote:
      • Ayes: 0
      • Nays: All present councilors.
    • Outcome: Reconsideration fails.

Workers' Compensation Items (Items 299-25 and 318-25)

  • Discussion: Councilor Gentile explained these items relate to workers' compensation and there was sufficient interest in the Finance Committee to carry them over to the next council.

  • Motion for Item 299-25: Suspension of the rules to refer to the 2026-2027 Council.

    • Moved by: Councilor Gentile
    • Seconded by: Councilor Greenberg
    • Discussion: Councilor Oliver sought clarification on the mechanism for referral, confirming that land use items cannot be referred but other items can.
    • Voice Vote:
      • Ayes: All present councilors.
      • Opposed: 0.
    • Outcome: Approved. Item referred to the new council.

  • Motion for Item 318-25: Suspension of the rules to refer to the 2026-2027 Council.

    • Moved by: Councilor Gentile
    • Seconded by: Councilor Greenberg
    • Voice Vote:
      • Ayes: All present councilors.
      • Opposed: 0.
    • Outcome: Approved. Item referred to the new council.

Code of Conduct for the Newton City Council (Item 25-24)

  • Background: Chair Krintzman reported that the Programs and Services Committee met on November 19th. After a series of votes, amendments, and discussions, the committee voted 6-0-1 to approve the item subject to second call. The item originated from a need for a mechanism to handle situations not covered by HR or existing City Council procedures. The committee considered various codes of conduct from other municipalities.

  • President Laredo's Procedural Plan: To address technical/linguistic amendments first, followed by more substantive changes, then a final vote on the amended item.

  • Amendment 1 (Councilor Baker): Proposed linguistic changes to subsection E, primarily changing "shall" to "should" for advisory statements, except for "shall safeguard confidential information."

    • Moved by: Councilor Baker
    • Seconded by: Councilor Humphrey
    • Discussion: Councilor Wright questioned why E3 didn't change "shall" to "should." Councilor Baker clarified that "shall safeguard confidential information" was intended to remain a strong mandate.
    • Voice Vote:
      • Ayes: All present councilors.
      • Opposed: 0.
    • Outcome: Approved. The docket item was amended with Councilor Baker's changes.

  • Amendment 2 (Councilor Humphrey): Proposed changes to Section 3D, incorporating the harassment prevention policy for city staff into the council's code. Specifically, to add "will not be tolerated" and rephrase a sentence for stronger language, consistent with staff policy.

    • Moved by: Councilor Humphrey
    • Seconded by: Councilor Albright
    • Discussion:
      • Councilor Baker opposed, stating the committee's original language was sufficient and the proposed changes were not helpful.
      • Councilor Farrell questioned the meaning and implementation of "will not be tolerated" if consequences were not expressed.
      • Councilor Albright supported the amendment for a stronger statement against harassment.
      • Councilor Baker reiterated that the committee removed the language due to difficulties in enforcement mechanisms.
    • Roll Call Vote:
      • Ayes (9): Albright, Bixby, Downs, Greenberg, Humphrey, Kelley, Krintzman, Leary, Lobovits.
      • Nays (14): Baker, Block, Danberg, Farrell, Getz, Grossman, Kalis, Lipof, Lucas, Malakie, Micley, Oliver, Wright, Laredo.
    • Outcome: Amendment fails 9-14.

  • Amendment 3 (Councilor Humphrey): Proposed changes to Section 2, adding language regarding signed acknowledgements of the code being kept on file and accessible, a specific statement for acceptance, and repeating the acknowledgement process if the code is amended.

    • Moved by: Councilor Humphrey
    • Seconded by: Councilor Lobovits
    • Discussion:
      • Councilor Baker found the proposed language cumbersome and preferred the simpler version from the committee.
      • Councilor Albright argued that saving signed statements is simple and the proposed statement is basic.
      • Councilor Grossman suggested simpler language is more elegant and effective, noting the process would likely be followed anyway.
      • Councilor Lucas questioned if the code is signed every term and if amendments require re-signing. President Laredo clarified that without Humphrey's amendment, it would be signed upon taking the oath of office (every two years).
      • Councilor Humphrey stated the provision is standard in other codes and ensures members read the document.
    • Roll Call Vote:
      • Ayes (7): Albright, Bixby, Danberg, Downs, Greenberg, Humphrey, Lobovits.
      • Nays (16): Baker, Block, Farrell, Getz, Grossman, Kalis, Kelley, Krintzman, Leary, Lipof, Lucas, Malakie, Micley, Oliver, Wright, Laredo.
    • Outcome: Amendment fails 7-16.

  • Amendment 4 (Councilor Humphrey): Proposed adding a paragraph to 4B, stating that "It is the role of the City Council President to enforce the Code of Conduct as needed or to recuse themselves in favor of the Vice President or President Emeritus in case of a conflict of interest for or an accusation against the President."

    • Moved by: Councilor Humphrey
    • Seconded by: Councilor Albright
    • Discussion:
      • Councilor Baker opposed, stating the committee felt this was beyond the scope of a good start on the code and that enforcement power to the President was not favored.
      • Councilor Krintzman opposed, preferring an ethics committee for enforcement, as is common in other legislative bodies.
      • Councilor Leary found the language unnecessary and believed an ethics committee was the appropriate place for such matters.
    • Roll Call Vote:
      • Ayes (7): Albright, Bixby, Greenberg, Humphrey, Krintzman, Leary, Lobovits.
      • Nays (16): Baker, Block, Danberg, Downs, Farrell, Getz, Grossman, Kalis, Kelley, Lipof, Lucas, Malakie, Micley, Oliver, Wright, Laredo.
    • Outcome: Amendment fails 7-16.

  • Amendment 5 (Councilor Humphrey): Proposed adding a paragraph to 4B, stating that "Any City Councilor who violates the Code of Conduct should be encouraged to make an apology to the affected party acknowledging the harm and intent to avoid subsequent harm. Such apologies should be made during a public meeting when the violation has occurred in a public meeting or has been generally known to the public to maintain or restore public confidence in the institution of the City Council."

    • Moved by: Councilor Humphrey
    • Seconded by: Councilor Albright
    • Discussion:
      • Councilor Baker opposed, finding it beyond the scope and difficult to implement.
      • Councilor Krintzman opposed, reiterating preference for an alternative enforcement mechanism.
      • Councilor Leary found the language unnecessary and reminiscent of kindergarten lessons.
    • Roll Call Vote:
      • Ayes (2): Greenberg, Humphrey.
      • Nays (21): Albright, Baker, Bixby, Block, Danberg, Downs, Farrell, Getz, Grossman, Kalis, Kelley, Krintzman, Leary, Lipof, Lobovits, Lucas, Malakie, Micley, Oliver, Wright, Laredo.
    • Outcome: Amendment fails 2-21.

  • Amendment 6 (Councilor Humphrey): Proposed adding a paragraph to 4B, stating that "When any member of the City Council violates the tenets of the Code of Conduct, the City Council President or the Vice President or President Emeritus in case of a conflict of interest for or an accusation against the President may ask the member to attend a training session to be arranged with the help of the Clerk of the Council's Office and the City of Newton Human Resources Department. Such training might be offered in-house or externally by the Massachusetts Municipal Association or another organization the department or clerk might recommend."

    • Moved by: Councilor Humphrey
    • Seconded by: Councilor Lobovits
    • Discussion:
      • Councilor Baker opposed, finding it creates a process possibility not favored by the committee and that training for rule violations is not typical.
    • Roll Call Vote:
      • Ayes (2): Humphrey, Lobovits.
      • Nays (21): Albright, Baker, Bixby, Block, Danberg, Downs, Farrell, Getz, Greenberg, Grossman, Kalis, Kelley, Krintzman, Leary, Lipof, Lucas, Malakie, Micley, Oliver, Wright, Laredo.
    • Outcome: Amendment fails 2-21.

  • Motion to Incorporate Code of Conduct into City Council Rules (as Article 13):

    • Moved by: Councilor Humphrey
    • Seconded by: Councilor Lobovits
    • Discussion:
      • Councilor Baker supported, stating it provides clarity and makes the code binding as part of the rules, rather than a non-binding policy or ordinance.
      • Councilor Oliver sought clarification, confirming that without incorporation, it would be a non-binding statement of intent.
      • Councilor Humphrey emphasized that the Law Department suggested this as the strongest and most straightforward mechanism for incorporation, ensuring it carries over to subsequent councils.
    • Roll Call Vote:
      • Ayes (23): Albright, Baker, Bixby, Block, Danberg, Downs, Farrell, Gentile, Getz, Greenberg, Grossman, Humphrey, Kalis, Kelley, Krintzman, Leary, Lipof, Lobovits, Lucas, Malakie, Micley, Oliver, Wright, Laredo.
      • Nays (0): 0.
    • Outcome: Approved 23-0.

  • Motion to Adopt the Code of Conduct as Amended and Incorporated into the Rules:

    • Moved by: Councilor Humphrey
    • Seconded by: Councilor Albright
    • Voice Vote:
      • Ayes: All present councilors.
      • Opposed: 0.
    • Outcome: Approved.

Adjournment

  • The meeting adjourned at 9:21 p.m.

Last updated: Dec 6, 2025

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