State Appeals Court Ruling Grants Permit for Final 224 Units of Norwood Gardens-August 20, 1974

After nearly a decade of legal battles, the town’s long-standing opposition to the Norwood Gardens apartment complex at Hampden and Plymouth Drives is drawing to an unsuccessful close. The Norwood Appeal Board is scheduled to meet tonight to officially grant a building permit allowing New York developers Koehl, Harris and Greene to construct the final 224 units of the residential development.

The town’s legal defenses collapsed following a recent state appeals court ruling upholding a 1969 Superior Court decision against the appeal board. The controversy dates back to 1964 when the builders filed definitive subdivision plans, followed closely by a town meeting rezoning vote in 1965 that prohibited apartment construction in the district. Litigation intensified over whether the builders’ permit applications fell within statutory protection windows. While the state Supreme Judicial Court permitted the construction of the initial two buildings (44 and 54 units) in 1970 and 1971, the town subsequently denied a new permit for the larger 224-unit phase, arguing the application exceeded the five-year zoning protection limit.

However, Superior Court Justice Vincent R. Brogna ruled that the prolonged litigation initiated by the town effectively extended the protection period to cover the 1971 application-a decision now affirmed by the state appeals court after nearly two years of review. Appeal Board Chairman George M. Eysie conceded the outcome, commenting that the precedent-setting ruling would leave many municipalities vulnerable to apartment developments. Building Inspector John E. Grover noted that the board would comply with town counsel guidance following the ruling, emphasizing that previous denials stemmed from legal interpretations rather than intentional obstruction. Appeal board clerk Joan M. Geraghty confirmed that a formal written decision will be filed later in the week. (Reporting by Mrs. Kathy Salzberg, The Patriot Ledger).

Archival Note: This article has been dynamically reconstructed from the original public record print archives of the Patriot Ledger