On Dec. 15, the Zoning Board of Appeals (ZBA) will start deliberating on the redevelopment proposal for the former Kmart site. At 212 new housing units, this is the largest development project the city has ever considered.
At this stage, it’s important to understand how the Chapter 40B process brought the project forward and the traffic issues that still need attention to best meet residents’ needs.
The unit count was established through the state’s project eligibility process, where financial feasibility and affordability requirements are evaluated together. Under state rules as well as our local zoning, 25% of the apartments here must be set aside for households earning up to 80% of area median income.
During the Nov. 12 public hearing, the ZBA shared reference rents of $2,480 for a one-bedroom, $2,980 for a two-bedroom, and $3,440 for a three-bedroom, including utilities. For these affordability calculations, Newburyport is grouped into the Boston-Cambridge-Quincy Housing and Urban Development (HUD) Fair Market Rent area, which is why the income limits and rent caps are higher than many residents expect.
Because of the scale of the proposal, it is no surprise that residents have paid close attention and taken the time to engage. That public involvement has mattered, and it has changed the project. Residents have come forward to ask questions, share concerns, and describe personal experiences as they relate to safety and other design considerations.
The ZBA has responded with careful, thoughtful questioning of the applicant, the applicant’s consultants, and the city’s peer reviewers. The applicant, in turn, has made substantive design changes that have improved the project.
These proposed design changes deserve recognition. Full sidewalk connectivity within Port Plaza and extending toward Storey Avenue is a meaningful improvement for walkability. The addition of a pedestrian-activated red light to stop traffic before crossing will create a clear and enforceable way to cross Low Street.
The preservation of trees and creation of public-facing open space within the plaza reflect an effort to add community benefit. Updated materials, courtyards, and setbacks aim to improve the streetscape and make the building feel less overwhelming from the sidewalk.
Under Chapter 40B, denial of a project is only upheld if the city can prove that local health or safety harms clearly outweigh the state’s housing need. In practical terms, the decision before the city is not whether this project happens, but how it is shaped through responsible, enforceable conditions. One issue that still deserves very careful attention is traffic safety related specifically to left turn movements into and out of the site.
The independent peer reviewer stated on the record that the project will increase left-turn movements at the driveway on Low Street. That matters because it changes how this location will function once the site is fully built and occupied.
There is also a recurring driving behavior that many people observe across the city and on Low Street in particular. When a vehicle slows or stops to make a left turn, other drivers often try to pass on the right using the shoulder. That puts vehicles directly into the same space where pedestrians and cyclists travel. It happens repeatedly, and it is unsafe.
This same behavior led to the installation of temporary bollards at Low Street and Colby Farm Lane. They were installed to stop drivers from passing on the right around left turning vehicles. Even with bollards in place, vehicles still strike them while attempting to bypass turning traffic. That experience shows two important things. First, the behavior is persistent. Second, roadway design, not enforcement alone, is what changes it.
This housing development will increase the number of drivers turning left into Port Plaza as well as the number of pedestrians and cyclists in the area. Put together, it is clear that the project is exacerbating safety issues on Low Street, a characterization the developer’s traffic reviewer agreed with on the record at the Dec. 9 public hearing.
For that reason, there must be a clear and enforceable mitigation condition tied to left-turn activity at this driveway. A left-turn lane is the most direct and effective way to address this hazard. If the ZBA determines that a different engineered design solution can provide the same level of protection, that solution should be required as a condition of approval. What matters is that this exacerbated risk is formally and permanently resolved through design now. We can’t afford to wait until someone is hurt to address this issue.
This is a large project that brings both public benefit and understandable concern. Given the legal framework it is proceeding under, the work before the city now is to ensure the final outcome reflects the strongest possible safety and design standards. Getting the traffic design right will make a meaningful difference for everyone who drives, walks, or cycles on Low Street. Our current and future residents deserve no less.
Lisa Medina Smith will be sworn in as the Ward 5 city councilor in January.