Somerville Zoning Board of Appeals 08-20-2025

August 20, 2025
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Meeting Minutes: Somerville Zoning Board of Appeals

Meeting Date: Wednesday, August 20, 2025 Governing Body: Somerville Zoning Board of Appeals Type of Meeting: Regular Meeting Attendees:

  • Susan Fontano, Chair
  • Brian Cook, Acting Clerk
  • Ann Fullerton
  • Zachary Zaremba
  • Sisia Daglian
  • Kit Luster, Staff
  • Madison Anthony, Staff
  • Christian Patino, Staff

Executive Summary: The Somerville Zoning Board of Appeals (ZBA) approved the minutes from its July 16, 2025, and August 6, 2025, meetings. The Board also granted a signature for the Draw 7 Park improvements, a project involving environmental remediation and public access enhancements. A request for continuance was approved for the 872 Broadway application to the September 17, 2025, meeting. The application for 8-8A Melvin Street, seeking hardship variances for dormer modifications, was continued to the September 17, 2025, meeting to allow the applicant to provide further documentation and explore additional design adjustments.

General Business

1. Approval of Minutes

  • Motion: Brian Cook moved to approve the minutes for the July 16, 2025, and August 6, 2025, Zoning Board of Appeals meetings.
  • Second: Sisia Daglian
  • Vote:
    • Sisia Daglian: Aye
    • Ann Fullerton: Aye
    • Zachary Zaremba: Aye
    • Brian Cook: Aye
    • Susan Fontano: Aye
  • Outcome: The motion passed unanimously (5-0).

2. Draw 7 Park Signature

  • Presentation: Devin Herrick, a wetland scientist with Weston and Sampson, presented on the Draw 7 Park project.
    • The project is located adjacent to Assembly Row and the Amelia Earhart Dam.
    • Improvements include updated site amenities, utilities, pedestrian connectivity, and addressing flooding issues with a natural berm and living shoreline.
    • The goal is to increase community access and connect to the Mystic River Reservation Greenway.
    • The project involves beach cleanup and nourishment, adding approximately 397 cubic yards of material to the beach area.
    • The ZBA's signature is required for Chapter 91 approval, also known as the Public Waterfront Act, which protects filled and flowed tidelands.
    • Question from Board: Susan Fontano inquired about the project timeline.
      • Response: Devin Herrick stated that construction has begun and is expected to wrap up within the year.
    • Question from Board: Sisia Daglian asked for a description of the proposed amenities.
      • Response: Devin Herrick described a newly configured parking area, wide accessible pathways, a seating area with a shade structure, improved access to the fishing pier (which will remain), a large circular lawn space, and naturalized plantings.
  • Motion: Brian Cook moved to approve a signature from the Somerville Zoning Board of Appeals for Chapter 91 approval for Draw 7 Park improvements to facilitate the Department of Conservation and Recreation permitting process with the Department of Environmental Protection.
  • Second: Zachary Zaremba
  • Vote:
    • Sisia Daglian: Aye
    • Ann Fullerton: Aye
    • Zachary Zaremba: Aye
    • Brian Cook: Aye
    • Susan Fontano: Aye
  • Outcome: The motion passed unanimously (5-0).

Public Hearings

1. 872 Broadway (ZP 25-000064 & ZP25-000065)

  • Application: 872 Broadway LLC seeks relief from:
    • SCO section 2.4.0.3.0.D.0.5 to allow mechanical equipment in the frontage area of a lot, requiring a hardship variance.
    • SCO section 4.1.7.D ground story primary facade fenestration requirement for a general building in the mid-rise three zoning district, requiring a hardship variance.
  • Motion: Brian Cook moved to approve the request for a continuance to the September 17, 2025, Zoning Board of Appeals meeting for 872 Broadway.
  • Second: Zachary Zaremba
  • Vote:
    • Ann Fullerton: Aye
    • Zachary Zaremba: Aye
    • Sisia Daglian: Aye
    • Brian Cook: Aye
    • Susan Fontano: Aye
  • Outcome: The motion passed unanimously (5-0). The application is continued to September 17, 2025.

2. 8-8A Melvin Street (Continued from July 16, 2025)

  • Applicant: Rob Passione, Architect, and the homeowner.
  • Background: The application involves dormer modifications that resulted in three zoning code violations. The Board previously indicated that the original configuration would not be approved.
  • Proposed Changes: The applicant proposes shifting the dormer wall by 35 inches, reducing the dormer width from 16 feet to 13 feet 1 inch. This change is believed to bring the dormer ridge length into compliance with the 50% rule.
  • Remaining Violations:
    • Dormer separation (currently 4 feet 10 inches, still over the limit).
    • Window ratio with the side wall being over 36 inches.
  • Public Comment:
    • Speaker: Mr. Porter (name not fully transcribed)
    • Summary: Mr. Porter questioned how the project meets the first condition for a hardship variance, specifically regarding a compelling condition related to the building.
    • Direct Quote: "I'm just curious about how this might meet the first condition for a hardship variance after looking at the analysis in the staff report regarding that as to whether there's some compelling condition relating to the building. And how it could be that it would be necessary to, to construct this in this way."
    • Staff Response (Madison Anthony): Stated that there is nothing about the site that gives it special circumstances to qualify for a hardship.
  • Board Discussion:
    • Ann Fullerton: Acknowledged the substantial change in removing one hardship request but continued to struggle with the first criterion for a hardship variance. Noted the Board's past willingness to work with residents making good-faith changes.
    • Zachary Zaremba: Agreed with Ann Fullerton, noting significant changes and the applicant's good faith.
    • Susan Fontano: Expressed concern about the frequency of "oops, we made a mistake" situations and the need for applicants to adhere to rules from the beginning. Suggested the current proposal could be further modified.
    • Sisia Daglian: Found the "unbalanced windows" odd and suggested removing the left-hand window. Questioned why the dormer couldn't be slimmed further, potentially impacting the kitchen island, but noted that extensive work is already underway. Suggested making the windows conforming.
    • Brian Cook: Expressed difficulty in stretching Criterion 1 and Criterion 2 of the hardship variance criteria to fit this situation. Noted that the rationale provided (difficulty in building a market-rate kitchen due to a steep roof slope) is a design problem, not a zoning problem. Agreed that Criterion 3 (no significant detriment) is met, but the other two are problematic.
    • Applicant Response (Homeowner): Explained that construction occurred during COVID-19, making oversight difficult. Stated that they have done everything possible to comply without completely reconfiguring the kitchen. Emphasized the financial hardship of being unable to sell units due to the ongoing situation.
    • Applicant Response (Rob Passione): Clarified that the original design aimed for a "market rate kitchen" in a third-floor unit, which necessitated the dormer size. Acknowledged that site conditions are not typically a hardship justification but presented this as a unique challenge.
    • Ann Fullerton: Asked for pictures of the existing kitchen, specifically the refrigerator wall, to assess potential alternative layouts. Suggested that a 12-foot dormer might be achievable by rearranging the kitchen, even if less generous.
    • Zachary Zaremba: Requested clearer justification from the applicant regarding how the first condition (irregularity of the lot or building) for a hardship variance is satisfied, potentially with more documentation or drawings.
    • Susan Fontano: Recommended providing pictures of both the interior and exterior to illustrate how internal modifications could address external zoning compliance.
    • Brian Cook: Suggested that demonstrating an "unusual nature of the structure" that limits further redesign could help the Board accept the justification for remaining variances.
  • Applicant Request: The applicant requested a continuance to further brainstorm and provide additional documentation, including pictures and a clearer justification for the hardship variance criteria. The applicant also inquired about obtaining a Certificate of Occupancy for Unit 2, which the Board clarified is under the purview of Inspectional Services, not the ZBA.
  • Submission Deadline: Madison Anthony suggested a submission deadline of noon on September 10 for materials related to the September 17 meeting.
  • Motion: Brian Cook moved to approve the request for a continuance to the September 17, 2025, Zoning Board of Appeals meeting in the matter of 8-8A Melvin Street.
  • Second: Ann Fullerton
  • Vote:
    • Ann Fullerton: Aye
    • Brian Cook: Aye
    • Sisia Daglian: Aye
    • Zachary Zaremba: Aye
    • Susan Fontano: Aye
  • Outcome: The motion passed unanimously (5-0). The application is continued to September 17, 2025.

Adjournment

  • Motion: Brian Cook moved to adjourn the August 20, 2025, meeting of the Somerville Zoning Board of Appeals.
  • Second: Ann Fullerton
  • Vote:
    • Zachary Zaremba: Aye
    • Sisia Daglian: Aye
    • Ann Fullerton: Aye
    • Brian Cook: Aye
    • Susan Fontano: Aye
  • Outcome: The motion passed unanimously (5-0). The meeting adjourned at 7:05 PM.

Last updated: Oct 6, 2025

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