How to Stop a Construction Project in Your Neighborhood

A Comprehensive Guide to Brookline Massachusetts’ Zoning Process

Is your neighborhood changing? When you’re out walking your dog, do you often think about how other people’s properties are the perfect size for you, or can not imagine anything different when you are looking out your window with your morning coffee? Maybe you have heard that a family you do not like, do not like the look of, or does not keep up their yard the way you expect is planning to add a bedroom for their children or wants to build a new home. Do you look back fondly on Brookline as it was in the late 1800s, a more orderly time when residents had the freedom to simply write restrictions into their deeds to ensure their neighborhoods remained exactly as they liked them?

 

If any of these questions resonate with you, read on. In the 1920s, Frederick Law Olmsted Jr., completely unrelated to his reportedly segregationist views, gifted Brookline with something more meaningful than his father’s parks; our zoning laws. These finely tuned instruments of justice remain a secret to most laypeople. But with this guide, you, too, can use them as they were meant to be used — to your advantage.

Step 1: Consolidate Your Story and Build Allies

 

Let’s start from the basics. Brookline zoning laws require that most people building on or modifying the exterior of a property go through a rigorous multi-step approval process. In addition, all full or partial demolitions in Brookline are reviewed and approved by the Brookline Preservation Commission. Unless your neighbor owns a sprawling estate, they will need these approvals, called “zoning relief”, to modify their property. This process represents your best opportunity to safeguard the fabric of your neighborhood and ensure that those who wish to integrate into it do so in a respectful way. It’s a privilege to get zoning relief; a privilege that you, as a dedicated community steward, have a significant say in granting.

 

No distinction is made by the zoning process between an established family changing a building for themselves and an outsider looking to impose their vision on your community. You should feel no need to distinguish between them either. Begin by only referring to your neighbors as developers — this removes any risk of sympathy clouding the judgment of town officials. Your neighbor’s house is not a home, it is a structure. Their bedroom is an extension. The presence of construction in your neighborhood is an encroachment. It’s best not to talk about the person as a neighbor at all, since it’s well known that someone imagining they have a right to change their property in a way you have not agreed to is most unneighborly.

 

As an expert on your local community, your opinion and needs will be taken seriously by town officials. They will want to know what the “character of the neighborhood” is and will look to you to decide this. To assist with this effort, Brookline provides many helpful ideas. Now is a good time to become an expert in local architecture. Is the developer trying to build a flashy, out of place modern house, and your dignified colonial neighborhood is not something they seem to have a connection to? Make sure to find examples of similarly styled homes in your neighborhood, so that you can point out how the new architectural style does not fit in. Write an opinion article about how it will be just like that modern style house (you know the one) that just looks out of place.

Would your neighbor’s home appear, or worse, be larger than others in the immediate area? In this case, you will want to become well versed in terms such as “massing” and Floor Area Ratio (FAR). Check meeting minutes and videos of Brookline Preservation Commission and Planning Board meetings for helpful examples of what has worked in the past. Become an expert in academic literature on how the most environmentally responsible action is to preserve existing structures, limit unnecessary expansion, and keep a community as close to its original form as possible. After all, what could be greener than leaving things just as they are?

 

Once the builder starts the zoning process, you can count on Brookline officials to help you purify a narrative that will meet your goals. Begin reaching out to Town Meeting Members (TMMs) who are reliably opposed to new development. “Preservationist” TMMs can use their influence in your favor, such as by writing letters to boards or by giving other helpful behind the scenes guidance. You can find these preservationists by checking the Brookline Townwide Discussion Facebook page. Even for TMMs who support new development, your goal is to ensure they will not sympathize with the applicant. Tell them that, as their constituent, you are upset by the behavior of the developer trying to get the building demolished and the new building built. Insinuate that the developer is lying about their plans and is not liked by your neighborhood. Your representatives will listen. If you act early and decisively, you have a real chance of preventing anyone from speaking in favor of the applicant’s zoning relief in the many upcoming public meetings you will be attending.

Once you make a plan, talk to others on your block, and bring them together around your idea that your opinion of the neighborhood’s character is the correct version. At the beginning, you and your allies may have different reasons for not wanting to see your neighbors change their home, some of which may not be appropriate to say in these sensitive times. As a group looking to protect and enjoy their environment, it is important to frame your comments appropriately. While some allies may be motivated by a concern that certain demographic shifts in the neighborhood could alter its essence and impact property values, remind them that direct references to this is no longer the most effective strategy. Instead, they must focus on more refined topics — like overcrowding, traffic congestion, and architectural harmony — if they want to achieve their goal.

 

If a neighbor does happen to let their non-PC perspective slip, however, it’s only a minor issue. You can always recover by telling people the developer is pulling the race card, an egregious act no one respects. If the applicant presses the narrative, spread the idea that they are desperate to make the issue about race or religion. It’s an astonishing accusation to be made against your neighborhood. Make them prove it.

 

Carefully build resentment, anger, jealousy, indignation, spite, and territoriality in your neighborhood. In private, you can use any talking point you want. As long as there is no public record the law is on your side. Some neighbors may initially appear neutral. That’s fine. If someone says, “I’m not opposed as long as they don’t maximize everything,” take a mental note. Later, if the developer inevitably maximizes height or FAR, you can gently remind your neighbor that their concern has now been realized and that opposition is their only rational option.

For especially cautious builders, consider a Trojan horse approach. Offer to help them through the process. After all, wouldn’t it be a shame if they misunderstood how the system operates? Learn whether they have a zoning attorney; if they do not, they may lean on your guidance — just a kindly neighbor lending a hand through Brookline’s delicate ecosystem. Keep track of everything they tell you, with a special focus on their timeline, financial information, and family situation. If their plans are time-sensitive (e.g., they hope to build before having children), work with the town to ensure the process stretches just long enough to throw off their plans. If they’re on the financial edge, you can later work to increase their expenses, such as through added legal fees or by requesting special building materials. Throughout it all, assure them that “it’s nothing personal — just how things are done around here.” Maybe they should consider somewhere that aligns better with their sensibilities — like Newton.

Step 2: The Preservation Commission and Demolition Delays

 

The ideal scenario for you is that the neighbor (sorry, the builder) announces their intention to partly or fully demolish an existing property — a clear signal that they do not respect the fabric of the community. This triggers a hearing before the Brookline Preservation Commission (BPC), which will determine whether the home is historically significant.

 

As a watchful steward of the neighborhood, quietly email Preservation staff (trusted town employees dedicated to upholding our shared heritage) and start working with them behind the scenes prior to the actual issuance of the demolition delay. Staff will appreciate the help, as they are overwhelmed with the workload required to prevent people in Local Historic Districts (LHDs) from installing incorrect window styles and gutters. Rest assured they will not inform the property owner of their work with you. They may even include the information you provide in their report that justifies a delay, regardless of whether that information directly applies to the property in question. For example, email pictures of your own floor boards and ask why anyone would want to demolish such nice woodwork. If the house was built before 1920 (or even later, if you are feeling ambitious), email them nostalgic photos you found online of similar houses with horses out front.

The following two clauses of the Brookline Demolition Bylaw are what Preservation staff will likely use to propose that the developer’s property is significant enough to impose a 12- or 18-month hold on demolition:

 

    c. The building is associated with one or more significant historic persons or events, or with the broad architectural, cultural, political, economic, or social history of the town or Commonwealth;

 

    d. The building is historically or architecturally significant in terms of its period, style, method of construction, or its association with a significant architect or either by itself or as part of a group of buildings.

 

Now, before you panic: no, the house does not need to have been designed by Frank Lloyd Wright or once occupied by JFK. It only needs to have been significant to some resident of the town, past or present, including you and your friends. Providing staff with the name of the architect who built the home or a few stories of regular people who lived there is usually sufficient. Anything from the previous owner getting groceries to the architectural history of 1970s prefab will do.

 

Staff will reward your effort with an “Initial Determination of Significance” on the property. Once this is issued, the rest of the Demolition Delay process will typically fall into place.

Prior to their public hearing, Preservation allows you and your friends to write letters in opposition to the new construction and sign up to speak at the public demolition hearing. Make sure to do both. Those commenting in opposition do not even need to live in your neighborhood or even in Brookline. See if your non-resident associates or local professors would be willing to write in. When you write and speak with the BPC, emphasize that homeownership is a responsibility — that the builder is merely a temporary custodian of something far greater than themselves. Discuss the ramifications beyond this one building, how it will ripple through your neighborhood, and how changing what is currently there will cause your close-knit community harm. Say that you are fighting for lived history and local significance, and that the proposed building is disrespectful to that.

 

For further security, communicate directly with BPC members and staff via private emails or text messages. While technically discoverable under Public Records Law, rest assured that the Town almost certainly will not release these communications, even under direct order from the Massachusetts Public Records Division.

Do not be discouraged if the builder protests that their property was never considered historic before, that nearby homes have never been deemed significant, or that carrying the mortgage of the current structure during a delay is financially crippling. The Preservation Commission considers only the historical value of the house as outlined in its report — which, coincidentally, now includes all the details you helpfully provided. In recognition of the hard work you have done, they will likely impose the delay on the demolition, which will give you some breathing room for the rest of your plans.

Optional: Using Local Historic Districts

 

If the neighbor has not put their property up for sale by now, and seems to be willing to wait out the year or so of demolition delay, there is much more for them to endure. Local Historic Districts will be the next tool in your kit. LHDs are a zoning tool that blocks any home modification that does not have the approval of the Preservation Commission and prohibits nearly all demolitions within the LHD. Think of it as an HOA with the backing of the law.

 

As with the “historical significance” determination above, there need not be anything textbook historical about the included homes, simply that all neighbors in the proposed LHD are willing to keep their properties generally as-is, and only make modifications that are within the LHD’s design guidelines. The Preservation Commission will stress that you can grandfather in current modernizations to your own home (aluminum siding, energy-efficient windows, etc.) if the modifications are made before the LHD takes affect, so make sure to do your own upgrades as soon as possible.

What is even better is that the targeted property owner does not need to give their consent to join the LHD — after all, preserving a neighborhood’s integrity sometimes requires decisive action. Instead, Town Meeting (the group which gives final approval to LHD creation) only looks for 80% or less owner agreement to force your neighbor to join. Make sure to act fast with this though; the timeline for forming an LHD is set up to align with the 12 month demolition delay, and if you wait the developer may be able to change their property before it takes effect. If four or more neighbors (or a gravestone if you can find one) decide complying with the LHD design guidelines is a good tradeoff for the benefit of preserving your neighborhood, this could be a wonderful option for you, and you should contact the Preservation Commission for more details.

 

Although the constitutionality of LHDs, and whether they qualify as a “taking”, is still an open legal question, that is a concern for the Town of Brookline and not for you. Your neighbor almost certainly does not have the resources to challenge the Town’s decision in court. Even if they did the task would take years. It is much more likely they will be reasonable and move away, possibly to Newton as you helpfully suggested.

Step 3: The Planning Board

 

Even if you do not have the support needed for an LHD, there are many options for you to make your neighbor choose to build somewhere other than Brookline. The Planning Board (PB) and Zoning Board of Appeals (ZBA) are the two groups that have the authority to grant any special permits or zoning variances the builder will need before they are given a building permit. A parallel approval process to that of Preservation, Planning, and ZBA can take a year (or three) from initial receipt of the proposal to the issuance of a building permit.

 

First, prior to the start of public hearings, Planning staff will issue an analysis of the build and their recommendations to the Planning Board. Email these staff members early, preferably as soon as you hear someone might be building in your neighborhood. You may be able to have staff issue an unfavorable report, which will greatly help your cause. Even if the Planning Board themselves eventually views the project as favorable, staff is unlikely to update their unfavorable report language, which will follow the applicant all the way to ZBA.

Brookline boards put a high value on a developer’s “willingness to work with the neighbors” when it comes to structures that could disrupt the balance of the neighborhood. Coordinate with your opposition group so that, when public meetings happen, each person voices as many different complaints as possible, even if those complaints contradict each other. Whereas ZBA is a one-and-done approval, Planning will continue their meeting up to three times, placing the burden on the applicant to find a way to modify their proposal to meet your various requests.

 

Express deep concern about how the building will dominate the streetscape, cast oppressive shadows, and erode the feeling of openness that has long defined the neighborhood. Be troubled by the location of windows. Discuss water runoff. Ask for trees in specific locations on the property. Treat the building as a living thing that can not “breathe”. As much as possible, make it seem as if the builders are not cooperating. If only these unneighborly people would do what you ask, everyone could go back to the pleasant neighborhood you enjoyed before.

Your goal in these Planning Board meetings is not to propose reasonable changes that you believe are necessary, but rather to introduce enough competing concerns that the Board is left with no clear path forward, as well as to give them openings to voice their own dissatisfaction. Choose phrases that inspire outrage as much as possible. For instance, rather than say the neighbor is building an average sized house, say they are “gaining hundreds of square feet”, which will make them appear greedy.

 

Find out if Board members do not have something included in their own homes; covered parking, for instance, if the new structure has a garage. Use this to inspire board member jealousy by saying, ‘Why can’t the applicants shovel snow off their cars like the rest of us’.

• Here are some other phrases Planning officials are sympathetic to:

•  

    • That the unique characteristics of the neighborhood is being destroyed

    • That the change will make this “not the kind of neighborhood you feel comfortable living in”

    • Your “awareness of what is happening to your neighborhood”

    • That the neighbor is using their property to boast about their wealth

    • That you are “keeping the neighborhood intact”

    • The important local significance of the property (especially if BPC has designated it significant)

 

• You can even fabricate facts, such as that this will be the largest house in the neighborhood, or tailor facts in ways that make them favorable to you. No one on the Planning Board has the time to fact check or to verify these facts, especially staff’s comments if you were clever enough to have your views inserted there. This pressure may force the builder to accept a design that is not fit for purpose, financially unviable, or at least get frustrated enough with the process that they decide it is in their best interest not to move forward.

• After the first Planning Board meeting, take a moment to reflect on your progress. Look how far you’ve come! Now is not the time to let up, however. Take note after the first Planning Board meeting of who the builder has convinced to support their project. Since letters of support are public information, you will be able to see which of your neighbors may have covertly sent in letters supporting the developer.

•  

• Do not take such subversion lightly. Print out the letters and go door-to-door, informing these neighbors of the harm their actions will do to the neighborhood. Pleasantly inform them that the builder misled them and that they can be held liable for supporting zoning violations. Thoughtfully suggest that they must not have understood either zoning law or the architectural character of the neighborhood.

Except for those with legal representation, most people do not know what the zoning laws are, so it’s unlikely supporters will want continue standing up for the builders if you make it seem unlawful to do so.

 

You should be able to convince those who supported the project so far to retract their support, or at least understand that coming to future public meetings will risk their standing within the community. This method works especially well for recent immigrant neighbors, who will generally not risk violating the community norms you have established. The now ex-supporter may even become so offended the developer asked them to violate zoning law that they will show up to future meetings and speak in opposition themselves.

Step 4: The Zoning Board of Appeals

 

Hopefully, after three or so rounds of Planning Board meetings, you were either able to make the proposed construction nonviable for the builder, or prevent the Planning Board from giving their unanimous support. Whether Planning Board support is given or not, the next step is for the case to go to the Zoning Board of Appeals for final approval. Without the Planning Board’s approval, the ZBA will almost certainly not grant the special permit or variance necessary to build the project. With it, the ZBA can still deny the applicant, sending them all the way back to the beginning of the process.

 

Consider this a fresh start. Although ZBA will express their opinion in legal terms, you have many avenues once you get here.

ZBA votes need to be unanimous, so you only need to convince one member to stop a build. Review a few meetings and find out who on the ZBA can be persuaded to go outside the boundaries a bit to protect Brookline’s character. As with BPC, make sure to use the private emails of board members, or call them directly. Town employees and board members often use phone calls to avoid generating a public record on sensitive topics. It is part of their job to know this.

 

There are no restrictions on making campaign donations to those ZBA members who are also Town Meeting Members. Maybe one of them is even up for election in your neighborhood — remind them that the trust of the community depends on their commitment to nixing this building proposal. Anything is on the table when there are two sides to a debate and there are no consequences if you push the boundaries.

Once a ZBA member can be convinced to reject an appeal because they personally do not like the design or otherwise, the builder will need to start the entire Planning Board process over again, delaying them at least another year. If the builder can pay for a good lawyer the Town might have a court battle on their hands, but they likely can’t, and even if they do it is the Town’s problem to defend.

Step 5: Sue During the Appeal Period

 

Let’s say, years after the proposal was first put forward, the ZBA approves the build against the wishes of your neighborhood. You still have options. Shortly after the hearing you will get a notification in the mail that you have 20 days to file suit in court. Make sure to do this, even if lawyers tell you you have no chance of success.

 

You might win and protect your neighborhood permanently, like the neighbors at Spooner Road did, but the intent here is not necessarily to overturn the result. It is to create additional delay, cost the property owner more money, and hopefully finally convince them that your neighborhood is not worth the trouble.

 

Do not be put off that you will need to name Brookline as a “defendant” — this is simply procedural. The Town is passive in the suit and will not defend their board’s decisions. The mere presence of your lawsuit may be enough to delay the project indefinitely.

If the developer persists, they will spend years and tens of thousands of dollars in legal fees — often enough to convince them that your neighborhood is not worth the trouble. If you want to save some cash, you should represent yourself in the suit. Many of the friends you have built along the way can help you (again, use private emails or texts when communicating). You might even be able to restart the LHD process.

Your Reward

 

If you’ve followed this guide, you’ve likely succeeded in one of the following:

 

    1. Preventing the construction project entirely.

    2. Delaying the project long enough that the developer sells and leaves.

    3. Forcing the builder to construct something so compromised that it becomes functionally useless.

    4. Preventing any occupants from having normal neighborhood relationships.

 

And the best part? In a few years, when the original dispute is forgotten, you will be regarded not as an obstructionist, but as a protector of Brookline’s character — an upstanding citizen who simply wants to maintain the integrity of your beloved neighborhood.

 

Of course, this guide is meant only for those who cherish Brookline’s just and principled zoning process. If you support housing, it would be terribly unfair to use these same tactics to expose and dismantle that.

If you found this article informative, please let me know through your support.

 

Preservationists, keep an eye out. Someone, somewhere, will try to build again.