Somerville Zoning Board of Appeals 01-14-2026

Good evening, ladies and gentlemen. I'd like to welcome you to the City of Somerville Zoning Board of Appeals meeting for January 14th, 2026, and it is 6.05, pursuant to Chapter 2. of the Acts of 2025, this meeting of the Zoning Board of Appeals will be conducted via remote participation. A recording of these proceedings can be found online can be found online. Tonight we're joined by the whole board, 100% here tonight. Ann Brockelman, she's our vice chair. And this evening she'll be acting clerk. Ann Fullerton, Zach Zaremba, Olivia Mobay, Brian Cook, and Sisia Daglian. And I'm Susan Fontano, your chair. First on the agenda tonight under general business for you folks following along, is the elections of offices.

So at this time, I'd like to open up the nominations for a chair. Are there any nominations for the chair? And Brockelman?

Yes, I'd like to nominate Ursula Susan Fontano as chair.

Thank you. I accept. Anybody else? Another nomination please for the chair. Seeing none, we'll close the nominations and open it up for a vote. All those in favor of Ursula Sousa Fontano for the chair, please vote aye as we go around. Olivia? Aye. and Fullerton. Aye. Decia. Aye. Bryan.

Aye.

Ann Brockelman. Aye. And Zach Zaremba. Aye. Let the record show that All voting members were 100% in the affirmative. And I as also Susan Fontano say thank you to you. I love it. And I want to keep doing as long as you want me to do it. Thank you. The next position is Vice Clerk, Vice Chair, I beg your pardon. Vice Chair, do we have a nomination for the Vice Chair? Ann Fullerton?

I would like to nominate Anne Brockelman as vice chair.

Thank you. Anne Brockelman, do you accept the nomination?

Yes, I accept. Thank you.

Anybody else? Any other nominations of vice chair? Seeing none, we'll go for the vote. We'll go around again, vote in the affirmative for Ann Brockelman. Olivia? Aye. Susan? Aye. Ann Fullerton? Aye. Cecilia? Aye. Brian Cook?

Aye.

Zach Zaremba? Aye. And Anne Brockelman?

Aye.

Let the record show that all voting members voted in the affirmative. Ann Brockelman retains her seat as vice chair. Congratulations, Ann.

Thank you. Thank you, everyone.

Now, the vice for the Clerk. Do we have any nominations for the clerk? Or is there anybody that has changed their opinion in the last couple of weeks that would like to be the clerk? Okay, it's a little different. So what we're gonna do is, as far as the clerk position goes, as we go forward to the beginning of the year, we're gonna rotate the members so everybody gets a chance to be the chair see how they're doing get it under their wings so to speak and the only so we're going to continue with rotating the clerk we'll see for beginning of the year see how we go is that okay with everybody I do want to take a vote on that where it's a little different and it's something that when we go forward we could you know somebody may have a question so

In the matter of keeping the clerk's position open because we don't have any volunteers and we want to keep rotating and letting everybody learn the job and really get educated. We're going to vote on rotating the clerk. All in favor as we go around again, please say aye. Bryan?

Aye.

Aaron Brockelman?

Aye.

Zach?

Aye.

Olivia. Aye. Ann Fullerton. Aye. Sisia Daglian. Aye. and Susan Fontano. I let the record show we'll continue with rotating. What we'll discuss at the end of the meeting tonight is getting a schedule going for everybody so everybody will know where they're going to be and what they're going to be. So I think that's it under the elections. Now we're going to take a break and go into executive session to discuss our open meeting laws. So anybody listening in, we'll be back as soon as we can, but we're going to sign off and go into open. Executive Session for the Open Meeting Law and it is 610, 610 p.m. Thank you.

You just take a vote of the board to enter Executive Session.

Thank you, sir. Here we go. Olivia, so here's, may I have a, Okay, can somebody make a nomination? I mean, Ann?

Yes, I make a motion to go to executive session.

Second. Thank you. Thank you, Brian. Olivia? Aye. Susan, I, Zach, yes, Cecilia, I, Ann Fullerton, I, and did I get, Brian, I didn't get, and Anne Brockleman. Aye. Okay, thank you. Let the record show it was unanimous to break and go into executive session. Thank you.

And just to clarify, the purpose of the executive session is to discuss open media law complaints. just so the purpose is set forth in the record but thank you very much and I'll see you okay

Thank you.

What? Yes, we're okay. Thank you.

Chair Fontano, this is Kit.

I think everyone is back in the open session.

Thank you. I'd like to at this moment announce that we're at 629 on January 14th. The Somerville Zoning Board of Appeals is back into its regular session, open meeting session. Let the record show that all seven of the members that were in the first half of our meeting before we broke away for executive session Back in attendance. And we're going to look at our agenda for today. And we have our clerk, our acting clerk, which is our vice chair, Ann Brockelman. Ann, would you continue with the agenda on the hearings?

Chair Fontano, this is Kit. Sorry, can you just note if any votes were taken in the executive session? And I think just do a quick roll call to come back to open.

Thank you. Great. So at this time, let's Open the meeting officially and call everybody in. Zach Zaremba, present. Present. Zach. Susan Fontano, present. Ryan Cook.

Present.

Dan Brockelman. Present. Specia Daglian. Present. Ann Fullerton.

Present.

And Olivia Mobay. Everybody's here when we so I'm reopening the meeting of January 17, 2026 and it is 6 30 now. We were in session on the executive session. We did take votes pertaining to our open meeting law complaint and Everybody voted and that's it. And now we're back in regular session. Is that enough of the record?

This is Kit. Yes, thank you.

Okay, so now we're going to go down to the public hearings. We have two items on the agenda tonight. One is going to be continued. Ann Brockelman, please.

Yes, in the matter of 17 Hudson Street, E25-000094, The applicant requested to continue to February 4, is that right? Yes. So I make a motion to grant the request to continue this case to the February 4th, 2026 ZBA meeting.

Second. Seconded by Ann Fullerton. Zach Zaremba. Aye. Brian Cook. Brian Cook.

Aye.

Anne Brockelman. Aye. Sisia. Aye. Anne Fullerton. Aye. Olivia. Aye. and Susan, I let the record show all seven members voted in the positive to grant the continuous until February 4th. The next item is 66 Union Square. I believe we opened that up at the last meeting. Are they here?

Chair Fontano, this is Kit. I'm going to promote Brian Mishner to panelist to help you with us in a moment.

Thank you.

Hello.

Hello.

How is everybody?

We're good. Welcome.

Thank you.

And for the record, you are?

I am Brian Michener. I am here with Sign Design. And we are... Proposing the Bank of America signage in Union Square.

Okay. Tell me, what happened at our last meeting? You had no representation here.

We had a miscommunication with what time this meeting started. So when I logged in at 630, I just caught you guys moving the signage. over to this meeting. I raised my hand. I guess I didn't know I had to be brought in as a panelist. So I tried to get somebody's attention to know I was here, but.

Yeah. All right. We were just concerned, you know.

No, that was my issue on my end. So I'll be honest, when I logged in this evening, I was a little worried I was going to run into the same problem. with not being recognized as being in the meeting but I appreciate you bringing me on thank you okay great okay thank you so why don't you tell us your

What's your application's all about?

Okay, so Bank of America, they're rebranding an existing ATM vestibule, basically. So by code, it's... There's two sign panels, one in the front and one at a right angle going back towards the building. And what they would like is By code, they can only have one sign panel, so the one on the right of the vestibule is blank. What they want to do, they're proposing just putting their logo on that return side of the vestibule above the glass.

Is this illuminated?

It is not.

And how long has Bank of America had that machine there?

I honestly don't know how long they've operated this location for the ATM machine.

Did you do the sign the first time?

We did not.

Oh, this is new to you?

Yes. We're in charge of their, we're doing their rebrand locations in this area.

All right. So, um, I guess number one, we have to open it up for the Public input for the public portion. Kit, Madison, could you ladies see if there's anybody out there that has something to say?

This is Kit. If you are an attendee and you'd like to speak, just raise your hand and you'll be given two minutes. I do not see anyone with their hand raised currently.

Okay, we'll leave it open for a few just in case someone dragles in. So now I'll open it up to the board. Yes, Zach Zaremba has got a hand up.

Thank you. It would be helpful if you can just elaborate on the criteria that we need to approve a hardship variance. What's unique about the circumstances? How is it going to create Financial Hardship, and how it doesn't affect the public negatively.

So Bank of America's contention is the way this was designed, that it was intended for branding. and they want to be able to have that exposure for people coming in that direction. They don't think it's... What they called visual clutter in the area. There are a lot of awnings with a lot of signage around there. They don't think it's really detrimental to what's happening in that area. It's not a very big logo. It's not illuminated. I'll be honest with you, we didn't think this was a hardship. This is what the town or the city of Somerville requested we put this in under.

Yeah, but you've got to make an argument for it. That's what I'm trying to say.

Well, that's the argument they gave me. I'm not going to lie. They really want, they think they should be allowed to brand on both sides and that's their hardship. They really think it affects their branding in this location for their visibility.

All right, I got to be honest with you. I don't see this as a major issue, but we can pass this based on that. I don't feel like I could vote for this based on that argument. that's why I'm kind of trying to help you a little bit like to tell you to explain this because Not being a big deal. Yeah, I kind of agree, but that's not criteria that we can actually apply to this case. We need to follow a uniform set of standards for all businesses.

We weren't originally pursuing a hardship. But that's what we were asked to pursue. I mean, that's how Bank of America sees it to them that's their hardship it's not uncommon in the surrounding district the panels create no conditions specific to distinguish this from other properties Many of which have logos on all sides of enhancing their brand visibility. They think it would be in keeping with what's been allowed in this location anyway. That would be their hardship is that It seems like there's a lot of signage out there. To just have this one side not be allowed, that's how they see their hardship. There are big brands. Their big concern is branding for them, for a lot of these people. And being able to Put their branding on where their ATMs are.

It matters to them. That's their hardship.

Unfortunately, reading through this and hearing this, unless somebody else convinces me otherwise, I... I feel like I need to deny it's just not meeting this three criteria unfortunately for me.

Thank you. Anybody else have a hand up before I say one thing? Yes, Ann Brockelman. Joanne?

Just a question. does the soffits stick out on all three sides no it's only two sides from one view so it's yes so it's a corner so it's a The gray surface that we're seeing, it's just the front and that side that's in the front. Thank you.

Is it two sides or one side? It's two-sided. It's two-sided. It's a three-sided sign.

There's no third side is what I'm asking. It is. No, there is no third side. What we're showing in the layout are the two available sides for signage.

So coming from the other side, walking up the other side of the street.

You're walking along the building. So this is technically a corner of that building on the left.

Oh, I see.

I see.

Mm hmm. Okay, all right. Well, just so you'll know, in the staff report, and you folks, whoever was handling this, was told that it's by Chapter 40A, Section 10. There's a three-point ABC criteria that you have to answer to to help convince us. Number one, it says specials. Did you see that at all?

Yeah, I did. Yeah, because it's part of our narrative that we had to submit.

so okay under the a special circumstances and that's number one number two you're saying everybody's got signs out there did you come with a sampling of who has signs that are like this that are new Don't forget we're working with some new rules and regulations here.

That's what we assumed, yes. Listen, I'm not going to lie. I when we were told this was a hardship variance for them I let them know that it was going to be a hard the hardship is hard to prove when it comes to signage in a location like this. That I understand. But we told them we would pursue it and see if we could get the approval. We didn't think it was that I mean, it's not illuminated. We really didn't think we were affecting the location that much. I understand there were regulations that you need us to meet, and that was all part of our narrative that we submitted. But that's what they gave me to work on. This is what they're proposing. This is what they want. We said we would present it.

That's how they wanted me to present it to this board. It's part of our narrative. for the three points we have the unique circumstances the substantial hardship the no public detriment zoning intent we believe is maintained in this doesn't include doesn't increase clutter doesn't obstruct the public way We don't think it negatively affects the neighboring properties. And then that's my presentation for this logo on the side of an ATM.

Okay, thank you. Anybody else have anything to say? Sisia?

This is Kit. Sisia, you're muted.

Oh, sorry. If you look at the Union Square beer and wine store, which I think is new, Since it's a newer store, I imagine the awnings knew they have an awning with logos, small logos on either end of the awnings, you know, like a bookmark, bookmarking the awning. which is pretty similar to what's being proposed here. So I don't know how that was done. It's a newer business in that area. Actually, you know, I'm looking at it on Google Maps. Maybe this might be a slightly older image, but there's certainly examples of these type of logos in the area that go around the corner. You know, I agree with Zach that the argument is not terribly strong.

On the other hand, I'm referring to the staff memo where it says, yeah, Massachusetts courts have stated that variances, et cetera, et cetera, and that if the variance is defensible, if the deviation is not substantial or significant in comparison, with the intent and purpose for the district. and I would agree that this is not a significant change for the district and it's not really going to impact the vicinity or impact any of the neighbors developing their own properties or doing anything else so It's a fairly minor change and so I would be in support of the variance.

Okay, anybody else?

This is Kit. Olivia's got her hand raised. Yeah.

Sorry, may I speak? OK. Yeah. Thank you.

I said your name and she's, go ahead.

Oh, I'm sorry. OK. I would agree that this is, like, I don't want to make the argument for you, Brian, but this is a unique building in that the frontage is rather small. and it is like kind of a corner lot but not. um you know the the type of sign you have now is categorized as a sign that it's meant to be viewed from across the street to to view the business right um Depending on how the sign you apply for is considered, like per the zoning ordinance sign law, it could be considered a sign that is used to be viewed from that side of the street.

However, I don't think that is the way it has been interpreted and I'm not sure if that is actually If it actually would align with, I forget what it's called, the flag sign where it juts directly out of the building, which I wouldn't be confident you could actually put on that building because of the frontage being so small. So because of that, because you all might not have the ability to put a type of flag sign that is intended to be viewed from that side of the street, I see it as... You know, a potential hardship due to just the nature of the building and your location in it. However, this is also a location where you have a uniquely wide sidewalk where it is extremely easy to see the front of your building from that side of the street.

So I'm kind of on the edge here, but I just want to mention that depending on how we categorize this sign that you're proposing, it could More easily fall into fitting into a variance.

Right. Well, like I said, Bank of America's contention is that right side of the vestibule was designed for branding like that's how they see it now why there wasn't existing branding there i don't know these their new brand this is what they are They want to utilize there. They do think it's to their benefit to have that branding there. I'm not terribly familiar with Eugen Square. I mean, I'm from Massachusetts, but I haven't been. In this area, the best we ever got was really Google Images, but some of those can be so outdated. I understand the code changes and the variance changes, so we try not to go off of what's existing because we don't know how it was approved and when.

But for Bank of America's purpose, to them, this is a, this has turned out to be a pretty big deal for them to get approved. I mean, it matters to them. to have this branding on that side. I wouldn't consider it a, I mean, we wouldn't classify this ever as a, it's a pan sign with a push through logo on it. You know, that's basically all it is. um we wouldn't i don't think i could have ever put a flag mount in this location by code anyway i would we wouldn't even have proposed it um the the The regulations are pretty stringent in Somerville, I'll admit. But that's why we're here, I suppose.

Anybody else? Okay, I have a comment. I have a couple of comments, but I'll keep it to one. I think that signage has gotten out of control. I think there's too many branding and labeling that you look down the street you can't even see what you're really looking for and I like a cleaner crisper look it's only an ATM it's not a bank and I think it's it's lasted as long as it has the sign looks nice I think if you look from certain angles you can see Bank of America very clearly so I don't think and when we came up with the new uh Rules and regulations and zoning ordinances. There was reasons for it. And Union Square has been one of our big, big areas and it's been all revamped, high rise.

It's getting real slick looking and nice. So I don't think that you came prepared tonight with the criteria that was in your bracket to convince me that it should be different. I don't think it's a need to. Lots of times on these hardship variances, we go for it because, you know, the more we look at, the more we see it, there really is a hardship. You know, the ground's not right, the money's not right, the square's not, it's just a lot of different things. But this here, I really don't see anything to speak to this, so I would be voting no. Anybody else? No. Are you ready to vote, Ann Brockelman?

I think the burden is on the applicant, not us. Right. So, you know, it's one sign per... Tenant is the ordinance. I also am having a hard time satisfying all three criteria.

Well, that's what I was looking back at. And I'm like, no, I mean, it's nice and plain where it is. It's very, it is a banking establishment type thing. It's more sophisticated. And I'm happy. I don't think. The side branding makes any difference to me. Anybody else? No? Is everybody ready to vote? Yes.

Okay, and just procedurally, Madam Chair, do I make a motion to grant it and people vote aye or nay or I make a motion to deny?

I say make a motion to approve. Where's Kit?

This is Kit. I believe, I think in the past you've made a motion to approve. and then you've either voted yes or positively or negatively. Okay, that's what I thought.

Sorry, new year I've forgotten. Okay, so we ready?

Yes.

In the matter of 66 Union Square, ZP25000100, I make a motion to approve. They requested hardship variants to install a non-compliant sign.

May I have a second?

Second.

and Fullerton seconded. As we go around, cast your vote. Zach Zaremba? No. No. Brian Cook?

Isn't it just the full board members that are voting?

Oh, I'm sorry. I lost my mind. Like Anne Brockleman just said, it's a new year. Okay. Zach Zaremba, Anne Fullerton. No. No. Jackson, Olivia? No. Sisia? I'm not at full board. I'm sorry. Ann Brockelman?

No.

Ann Susan Fontano? No. Let the record show all five regular members all voted in the negative to not to approve the petition for the signage in the matter of, here we go, ZP23000100. Thank you. Sorry, Mr. Bryan.

Thank you.

Okay, you're all set. Thank you. Now, Let's see, got a couple of things here left, I think. All right, so that was denied. And this is continued. and the offices are done and that's okay so under other businesses really none what I'd like to talk to speak to tonight just for a minute if I may um where we're going to do the uh rotation of Hello.

Jeez, what the heck?

We can hear you, Susan. Can you hear me?

Yes.

I can't see you. Okay. So in the matter of going forward with the rotating the clerk, acting clerk's job, Take a look at your list that's coming up. The fourth coming up is just FYI. Brian's going to be out. So I think, Ann Brockelman, could you?

Yes.

Okay, so Ann's all set. And what I'd like to mention to everybody is if, and this is just food for thought as we go forward, it may not happen very often, but when we go to the fourth, and Ann's going to be on. If somebody said they'd do the 18th and we have to continue that case, those cases we're working on, then Ann would continue with the case. Mm-hmm. get it and we'd figure out as we go forward how to readjust the schedule so look at this you folks if you know you have family vacations you know you have certain uh job seminars and stuff you have to do on meetings or doctors stuff or whatever scratch those dates out for yourself so we'll know what to do and it's going to be volunteer so the first few weeks take a peek

First few meetings, take a peek and let Kit or myself know that you'd like to speak for a particular meeting, okay? Hi, who's calling? Who said Madam Chair?

I think both me and Anne. Quick question, did we get a calendar for 2026 meetings, meeting dates?

Yeah. This is Kit. I think I sent it out on the packet with the December... Either the December 17th or the meeting cancellation for the 31st, but I can definitely send it out again tomorrow.

It's also just on the ZBA website.

Okay.

Oh, it is already. Thank you. Oh, that's good.

but I can I can send it out tomorrow just with a note uh just a reminder to check your calendars great so we've got Anne for the fourth Madam Chair yes I can volunteer for the 18th of February.

Of February, okay. Now, if we have to continue, then Anne will continue with the the cases that we're talking about next week you know what I'm saying and then you you wouldn't share all right that's fine but just said it's been a while since I I ran okay Kit, I have a question. So let's pretend February 4th we have an hour meeting and we finish up all our business except that case. and we're going to continue it. So we go into the next meeting and it's got that case continued and two or three new ones. can we have the acting clerk from the fourth continue that one case and then bow out and we appoint the other one that's what we're gonna have to find out from Deanne yeah i'll double check but i think it would maybe be easiest just to have the that

I think that would probably is then one person getting stuck doing two or three meetings right

That's everything I'm thinking about. So bring that to his attention as well. Brian Cook. I'll double check. Brian Cook, hand out.

Thank you, Madam Chair. Just as a personal reference, If I'm going to be in the rotation, I actually would prefer to do a couple of meetings in a row rather than bouncing around. But I need to check the schedule against religious holidays, et cetera, before.

Yeah.

I can offer dates. I just wanted to give you a heads up about that.

Yeah, beautiful. That's what I'm saying. Take a look at the schedules here now and look at your personal stuff, our work stuff, our religious. Hi, Zach. Hands up.

I just want to suggest something. We have the whole year ahead of us and people often have things come up maybe a little last minute. So just to make it easy if you... said we're going to do on a certain date and you know I no longer do it why don't we just whoever's gonna do it the week after swap yeah and that's it that's it flip-flop as long as they don't have anything on their thing right yeah I mean this is we're gonna we're a small group

We can be as compassionate to each other and flexible to one another. There's no hardcore thing here. And if you can't do it and Brian was next, then we'll say, who can do it? That's all. And we'll make Anne Brockelman do it again and again and again. So thank you for that suggestion. Kit, anything else? Anybody have any comments for the year as we go forward? Things that maybe you thought better of for the coming year? No? Well, if you do, let us know. So I think we should adjourn. Is that a good idea? So without further ado, may I have a motion for an adjournment?

Yes, I make a motion to adjourn today's meeting January 14, 2026.

It's 7.01 p.m. Thank you, everybody. Zach Zaremba. Brian? Aye. Second on aye. Get you out. You got it. Ian Brockelman? Aye. Sisia? Aye. Susan? Aye. Zach?

Aye.

and Ann Fullerton. Aye. And last but not least, Olivia. Aye. Let the record show that the entire board, regular members and alternates voted in the affirmative to adjourn. Good night, everybody. Thank you. Good night. Bye bye.