Norwell homeowners association threatens to sue town over Wildcat Lane land
NORWELL – The leaders of a Norwell homeowners association that fought hard against a small multifamily development being built nearby are threatening to sue the town.
Brian Carroll, a resident of the Wildcat Lane subdivision who has led the charge against the project, is demanding that select board members honor the wishes of town meeting voters who voted to put the two parcels of land into conservation status, which hasn't happened.
Carroll also made multiple threats to sue the town during a meeting last month.
By a vote of 297-138 on May 8, town meeting voters approved a petition by the homeowners association, led by Carroll, to allow the board to move the land into conservation status, which would block any development. The homeowners association represents 46 houses.
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Town attorney Bob Galvin said the petition by the homeowners association does not require that the town, or the select board, take any action. It only authorizes the board to transfer the land to the conservation commission if members so choose.
At a 2004 town meeting, residents voted to use the land, totaling 6.3 acres and taken for back taxes, for affordable housing. Before it can be placed into conservation, the board must first vote that the land is no longer suitable for affordable housing, Galvin said.
A tense exchange
Carroll, a corporate attorney, said he vehemently opposes Galvin's position, which led to a heated exchange of words involving himself, Wildcat Lane resident Tim Wall and Select Board Chair Bruce Graham.
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Graham commissioned an opinion from an outside law firm on what the town must do because of the citizen's petition that passed at town meeting. That opinion aligned with Galvin's view.
Graham told Carroll the lawyer who wrote the opinion would come to a public meeting to debate the merits of the position with him.
Board member Peter Smellie initially motioned to move the land to the conservation commission and, after receiving pushback from his fellow board members, motioned instead to declare that the 6.3-acre parcel is no longer suitable for affordable housing.
When running for his seat in this year's election, Smellie said one of his top priorities was to build enough affordable housing that the town would no longer be eligible for Chapter 40B developments.
To block a Chapter 40B development, which allows developers to bypass local zoning rules and build denser housing, at least 10% of a town's housing stock must be considered affordable. Norwell is at 4.9%.
Board member Ellen Allen said the land can still be used for affordable housing. Member Andrew Reardon said he did not understand why Smellie wanted to rush the process when they still hadn't heard from the lawyer from whom Graham commissioned the opinion.
Board member Jason Brown said the land is no longer a good place for affordable housing because the residents who attended town meeting voted against it.
Graham said another option is to sell the land and use the proceeds to buy land elsewhere in town to build affordable housing.
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Smellie's motion was defeated 3-2, with Allen, Graham and Reardon voting against it.
Reardon said the message from town meeting was at least two-thirds of those who showed up to vote are against any affordable housing in Norwell.
Carroll asked how much it was going to cost the town to fight a lawsuit over the issue. Graham banged his gavel loudly and called for everyone to "knock it off."
"We're done talking about Wildcat," Graham said. "We're either going to litigate it or we're not. This is just taking way too much time and we're way off the reservation."
After Wall, the Wildcat Lane resident, continued to interrupt, Graham threatened to have him removed from future meetings.
See our past coverage of Wildcat Lane, and affordable housing in Norwell
Sept. 17, 2021: Norwell officials slam studies that say High Street 40B project won't add traffic
Aug. 9, 2021: Engineer: Proposed apartment complex on High Street in Norwell would have 'relatively little' traffic impact
July 15, 2021: Developer proposes 56-unit 40B project on High Street in Norwell
May 9, 2021: Norwell town meeting halts affordable housing projects during chilly 5-hour session
April 19, 2021: Conservation Commission takes no position in Norwell's fight over affordable housing at Wildcat Lane parcel
March 25, 2021: How a homeowners association plans to block Norwell's affordable housing project on Wildcat Lane
Jan. 25, 2021: Norwell plans to request affordable housing proposals for Wildcat Lane parcel
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Reach reporter Wheeler Cowperthwaite at wcowperthwaite@patriotledger.com.
This article originally appeared on The Patriot Ledger: Norwell's Wildcat Lane controversy is far from over
