EXHIBIT B

The Committee for Responsible Development

c/o Simon French
47 Glen Avenue
Newton, MA, 02459

January 2, 2020

VIA OVERNIGHT MAIL

Gregory Birne, Esq.

General Counsel
Office of Campaign and Political Finance
John W. McCormack Building
One Ashburton Place, Room 411
Boston, MA 02108

Re: City of Newton – Mayor Ruthanne Fuller

Mayor’s Update, December 16, 2019

Dear Mr. Birne:

On behalf of the Committee for Responsible Development (hereinafter the

“Committee”), I would like to file a complaint regarding unlawful use of public resources by
Newton Mayor Ruthanne Fuller, and the City of Newton, to influence voters concerning a ballot
question (hereinafter the “Northland Referendum”) which will ask Newton voters whether to
repeal a zoning amendment approved by the Newton City Council in connection with a proposed
development (hereinafter the “Northland Development”). The Committee was formed to support
repeal of the zoning amendment.

In “A Possible Referendum on Northland” (hereinafter the “Northland Referendum

Update”) , which was part of the Mayor’s Update of December 16, 2019, Mayor Fuller opposed
the Northland Referendum, stating that she would vote to approve the applicable zoning change
and identifying the reasons why she claims the development will be good for the City. The
Update was emailed from the Mayor’s official City of Newton email account
(rfuller@newtonma.gov) to certain Newton residents and then was posted on the City’s website
where it remains. A copy of Mayor Fuller’s Northland Referendum Update is enclosed herewith.

Ms. Fuller has been the Mayor of Newton for two years, and before that was a Newton
City Alderwoman and Councilor for nine years. During that 11 year period, there were eight or
more ballot questions put before Newton Voters. Thus, as Mayor, Ms. Fuller should be well
aware of the limitations imposed on public officials, and the use of public resources, in
connection with ballot questions.
Gregory Birne, Esq.
January 2, 2020
Page 2 of 3

Further aggravating Ms. Fuller’s violation, her Northland Referendum Update contains
several wholly inaccurate statements regarding the Northland Development, as follows:

(1) “Ten of the 22.6 acres (~ 40% of the site) will be transformed from concrete to
parkland, greens and a spray park/playground with 750 new trees and a restored and
daylighted South Meadow Brook.”

This is inaccurate because most of the "open space" is not going to be “parkland, greens and a
spray park.” As evident from Northland’s own Open Space Map (see “Select Design Elements –
October 24, 2019” at http://www.newtonma.gov/gov/planning/current/devrev/hip/northland.asp),
a copy of which is also enclosed, there will only be 10.4 acres of "open space" including 2.5
acres of protected (unbuildable) land around the brook, 2.5 acres of paved streets, 3.4 acres of
walkways and stairs, a 1.3 acre village green, and a .6 acre splash park.

(2) The City Council imposed a maximum number of car trips on Northland. The City of
Newton Planning Department will strictly monitor new car trips against this standard
and will require changes and/or additional funding from Northland if it doesn’t meet
the required traffic level.

The City Council did not impose a maximum number of car trips on Northland. Rather, the
Council only set a maximum for trips generated by residential and office uses and then only
during weekday rush hours. No maximum limitation was imposed with respect to other hours, or
on weekends, or with respect to vehicle trips resulting from the retail part of the development, all
as projected by Northland itself. Indeed, even Northland and the City’s Planning Department
have already acknowledged that Northland’s projections are suspect due the failure to account
sufficiently for ride-share and delivery vehicles. And, mid-day traffic on weekdays and
weekends, and retail-related vehicle trips at all times, constitute a very significant part of the
total vehicle trips that the development will generate.

Further, the City Council only requires changes to Northland’s Transportation Demand
Management Plan if the residential and office vehicle trips during the morning and evening rush
hours exceed Northland’s projections. If traffic at other times exceeds the projections, Northland
and the Planning Department need only make reasonable efforts to make appropriate changes; in
other words, Northland is under no compulsion in this regard.

Finally, the City Council has only required that Northland provide additional funding in
connection with its Transportation Demand Management Plan if traffic generated by the
residential and office uses exceeded Northland’s projections. Again, no additional funding will
be required if total vehicle trips, including retail-related trips, exceed Northland’s own
projections.