Somerville Zoning Board of Appeals 10-15-2025

Meeting Date: October 15, 2025 Governing Body: City of Somerville Zoning Board of Appeals Meeting Type: Regular Meeting Attendees:

• Susan Fontano, Chair
• Anne Brockleman, Vice Chair (Acting Clerk)
• Ann Fullerton
• Brian Cook
• Sisia Daglian
• Kit Luster, Planning, Preservation, and Zoning Staff

• Motion: Anne Brockleman moved to approve the meeting minutes of September 17, 2025, as submitted.
• Second: Sisia Daglian seconded the motion.
• Vote:
  • Brian Cook: Aye
  • Ann Fullerton: Aye
  • Anne Brockleman: Aye
  • Sisia Daglian: Aye
  • Susan Fontano: Aye
• Outcome: The motion passed unanimously (5-0). The minutes of September 17, 2025, were approved.

Applicant: 36 Beacon LLC Property Address: 36 Beacon Street

Variances Sought:

1. Hardship Variance (ZP25-000075): Relief from SZO 3.2.11.B to construct rear egress stairs within the rear setback in the urban residence district.
2. Hardship Variance (ZP-25-000084): Relief from SZO 14.1.7.B.2 to further reduce nonconforming landscape and permeable area in the urban residence district.

Applicant Presentation (David Cameron, Owner, 36 Beacon Street):

• Project Description: Proposed construction of a rear egress stair to address an existing interior ladder, which is not code compliant. The property is a historic row house near Inman Square.
• Egress Stair Details:
  • The existing interior ladder is not code compliant, necessitating an exterior stair.
  • The Historical Preservation Committee approved the staircase design in 2020, with minor changes (wood to vinyl) requiring re-review.
  • The proposed stair is a switchback design, built to code minimums, with a small platform.
  • The stair will be located within the 20-foot rear setback, approximately 12 feet from the lot line, but 23 feet from the rear fence.
  • Construction will utilize Trex decking, vinyl handrails, and dimensional lumber.
• Impermeable Area:
  • Existing lot coverage is 70.4%, exceeding the required 65%.
  • The proposed stair would add an additional 6.8% to the impermeable area.
  • The applicant stated that the backyard is currently gravel/earth and 100% permeable.
  • Previous discussions with ISD regarding lot coverage calculations for permeable surfaces were inconsistent.

Public Comment:

• Sonia Daly (4 Our Street, Cambridge):
  • Expressed concern as an abutter whose family has owned adjacent properties (34 and 32 Beacon Street) for 60 years.
  • Key Point (Summary): "We are alarmed at the possibility of an additional structure being built behind 36 Beacon. It's important to note that the roof of the entire row of apartments is designed to drain stormwater to the back of all the buildings. Years ago, an addition was built behind 36 that created an L-shaped section of the roof that creates a huge waterfall of stormwater runoff onto our property. This creates considerable more flooding in the basement of 34 Beacon Street in comparison to 32 or 30 Beacon Street. A big deck type stairway would aggravate the situation by not allowing the water to go into the ground."
  • Also raised concerns about potential paving of the backyard, vibration and cracks from previous construction, and the loss of privacy due to a three-story deck overlooking private areas.
  • Urged the applicant to be a "good neighbor" and address existing water issues.

Board Discussion and Questions:

• Susan Fontano (Chair): Inquired about the applicant's awareness of Ms. Daly's concerns.
  • Applicant Response: Acknowledged water issues, stating they have invested $12,000 in re-roofing and plan further work, but are not certain the roof is the sole cause. Believes the stair, with gaps in decking, would not exacerbate water issues.
  • Questioned the "three-level covered porch" noted on the plot plan, which the applicant identified as an existing white structure used for storage.
  • Expressed concern about tenants occupying the building with an interior ladder for egress and the time taken to address code violations since 2020.
• Ann Fullerton:
  • Requested the exact setback dimension from the proposed porch railing to the lot line, emphasizing the need for it to be 20 feet to conform to the setback.
  • Suggested installing a dry well under the porch, draining roof leaders into it, to mitigate water runoff concerns.
  • Applicant Response: Agreed to consider reducing the porch size to meet the 20-foot setback. Confirmed a dry well was installed in the front yard and is amenable to installing one in the back, potentially for a roof leader.
• Anne Brockleman:
  • Questioned the description of the hardship variance, suggesting it's due to the "unusual character of the existing structure" (the inherited rear addition) rather than the historic nature or narrowness of the lot, as other row houses have ample rear yard.
  • Sought clarification on the second hardship variance (SZO 14.1.7.B.2) regarding "nonconforming landscape and permeable area," noting the staff report and applicant's calculations focused on lot coverage (SZO 3.2.11.A). Requested clear metrics for permeable vs. non-permeable area.
  • Kit Luster (Staff): Read ISD's review comment: "Lot has an existing non-conforming lot coverage of 70.4 when the maximum is 65% per Somerville Zoning Ordinance 3.2.11.A, a hardship variance for relief from SCO 14.1.7.b.ii for further reducing non-conforming landscape and permeable area." Acknowledged potential for confusion and offered to seek clarification from ISD.
• Sisia Daglian:
  • Asked why the egress stair could not be placed inside the existing structure.
  • Applicant Response: Explained dimensional constraints (14-foot width, 10-foot ceilings) make it impossible to fit a code-compliant stair (requiring 36-inch landings and specific tread/riser dimensions) within the existing "covered porch" area, which is primarily used for unheated storage.
  • Questioned the egress path from the backyard to a public way, noting the current path is through "no man's land" (City of Cambridge land) without an easement.
  • Applicant Response: Acknowledged the need to check building codes for required safe distance to a public way.
  • Suggested removing a portion of the concrete walkway to increase permeable area.
  • Applicant Response: Amenable to removing a portion of the concrete walkway, but noted potential drainage issues if cut too close to the building.

Decision on Continuance:

• The Board expressed a need for further clarification on the hardship variances, particularly regarding the permeable area calculations and the exact setback dimensions.
• Brian Cook: Requested the applicant formally request a continuance.
• David Cameron (Applicant): "Yes, I'd like to request a continuance."
• Motion: Anne Brockleman moved to grant the request for the applicant to continue cases ZP25-000075 and ZP25-000084 for 36 Beacon Street to November 5, 2025.
• Second: Ann Fullerton seconded the motion.
• Vote:
  • Sisia Daglian: Aye
  • Anne Brockleman: Aye
  • Brian Cook: Aye
  • Ann Fullerton: Aye
  • Susan Fontano: Aye
• Outcome: The motion passed unanimously (5-0). The case is continued to November 5, 2025.
• Staff Action Items (Kit Luster):
  • Add condition for the porch section of the structure to not extend into the 20-foot setback.
  • Amend findings regarding the first hardship variance to reflect the "unusual character of the existing structure."
  • Request an ISD reviewer (or someone from ISD) to attend the next hearing to clarify the second hardship variance (lot coverage vs. permeability).

• Kit Luster (Staff): Announced that the City Council confirmed a new member for the Zoning Board, Olivia. She is a transportation planner and has lived in Somerville for four years. She is expected to be sworn in and potentially ready for the November 5th meeting.

• Motion: Anne Brockleman moved to adjourn the ZBA meeting of October 15, 2025.
• Second: Brian Cook seconded the motion.
• Vote:
  • Sisia Daglian: Aye
  • Ann Fullerton: Aye
  • Anne Brockleman: Aye
  • Brian Cook: Aye
  • Susan Fontano: Aye
• Outcome: The motion passed unanimously (5-0). The meeting adjourned at 7:14 PM.