Somerville Zoning Board of Appeals 07-16-2025

July 16, 2025
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Zoning Board of Appeals Meeting Minutes

Governing Body: Somerville Zoning Board of Appeals Meeting Type: Regular Meeting Meeting Date: July 16, 2025 Attendees:

  • Susan Fontano, Chair
  • Anne Brockleman, Vice Chair
  • Ann Fullerton, Acting Clerk
  • Zachary Zaremba
  • Brian Cook, Alternate
  • Sisia Daglian, Alternate
  • Kit, Staff
  • Steve Carey, Staff
  • Madison Anthony, Staff

Executive Summary: The Zoning Board of Appeals (ZBA) convened on July 16, 2025, to address several zoning cases. Key actions included the continuation of three variance cases for 379 Somerville Avenue and two special permit cases for 14 McGrath Highway. The Board approved the minutes from June 4th and June 18th, 2025. A significant discussion revolved around a 40B change request for the Clarendon Hill project, which was ultimately deemed insubstantial. The Board also approved a hardship variance for 56 Webster Avenue, extending a special permit timeline with modified conditions. A hardship variance for 103 Gilman Street was approved to address life safety concerns related to an existing non-conforming structure. Finally, three hardship variances for 8-8A Melvin Street were continued to allow the applicant to revise plans, and a hardship variance for 181 Pearl Street was approved, acknowledging a neighbor's driveway encroachment.

I. Call to Order and Remote Participation Notice

  • The meeting was called to order at 6:01 p.m.
  • Chair Susan Fontano announced that the meeting was conducted via remote participation pursuant to Chapter 2 of the Acts of 2025.
  • A video recording of the proceedings will be available on the city website's meeting and events page or by emailing zoningboard@somerville.gov.

II. Roll Call

  • Present: Susan Fontano (Chair), Anne Brockleman (Vice Chair), Ann Fullerton (Acting Clerk), Zachary Zaremba, Brian Cook (Alternate), Sisia Daglian (Alternate).
  • The Chair noted a full board was present.

III. Cleanup Business - Continuances

A. 379 Somerville Avenue (ZP25-000058, ZP25-000059, ZP25-000060)

  • Case Description: Brickstone Builders Corp. seeks relief for three variances:
    • ZP25-000058: Relief from SCO 4.3.11.E for facade build-out requirements in the Mid-Rise 5 (MR5) district, requiring a hardship variance.
    • ZP25-000059: Relief from SCO 4.3.8.b for the maximum front yard setback in the MR5 district, requiring a hardship variance.
    • ZP25-000060: Relief from SCO 4.3.8.b, Point D, for brown story fenestration requirements for primary facade composition in the MR5 district, requiring a hardship variance.
  • Motion: To continue all three cases until the next Zoning Board meeting on August 6, 2025.
  • Mover: Ann Fullerton
  • Seconder: Zachary Zaremba
  • Vote:
    • Zachary Zaremba: Aye
    • Anne Brockleman: Aye
    • Ann Fullerton: Aye
    • Brian Cook: Aye
    • Sisia Daglian: Aye
  • Outcome: Motion passed unanimously (5-0). All three cases are continued to August 6, 2025.

B. 14 McGrath Highway (ZP25-000044, ZP25-000063)

  • Case Description: Liquor Junction has two special permit cases that need to be re-advertised for corrected language.
    • ZP25-000044: Liquor Junction proposes to expand its alcohol sales business in a commercial business district, requiring a special permit under SCO 4.3.13.
    • ZP25-000063: Liquor Junction proposes to increase the leaseable floor area of its business's use to more than 10,000 square feet in the CV district, requiring a special permit.
  • Action: No vote was necessary as the cases were not opened tonight. The record notes that a new hearing date will be posted after re-advertisement.

IV. General Business

A. Approval of Minutes

  • Items: Minutes from the Zoning Board of Appeals meetings dated June 4, 2025, and June 18, 2025.
  • Discussion: No comments or corrections were raised by the Board.
  • Motion: To approve the minutes as completed for June 4, 2025, and June 18, 2025.
  • Mover: Ann Fullerton
  • Seconder: Anne Brockleman
  • Vote:
    • Anne Brockleman: Aye
    • Ann Fullerton: Aye
    • Brian Cook: Aye
    • Zachary Zaremba: Aye
    • Sisia Daglian: Aye
    • Susan Fontano: Aye
  • Outcome: Motion passed unanimously (6-0).

V. Other Business

A. 40B Change Request: Clarendon Hill Project (40B-2020-001-R3)

  • Applicant Representatives: John Springfield (Preservation of Affordable Housing - POAH, Senior Project Manager), Tim Sinan (Icon Architecture), Kendra (Architect).
  • Project Summary (John Springfield):
    • Redevelopment replaces existing obsolete state public housing at Clarendon Hill and West Somerville with newly constructed permanently affordable housing.
    • Adds new affordable and unrestricted apartments to create a mixed-income community.
    • Phase 1 is nearing completion, with residents expected to move in during the fall.
  • Proposed Modifications:
    • Phasing: Original plan included a market-rate building (Red Gate Residential) in Phase 1. Due to market conditions, the two POAH-led phases will advance first, with the market-rate building becoming part of a third phase. This aims to expedite housing delivery.
    • Thoroughfare Updates (Stevenson Aymon Way): Modifications based on feedback from city staff.
      • Woonerf (Enhanced Wide Crosswalk): Shifted slightly, with the finished condition to be completed with Phase 2 to prevent damage and integrate with park development.
      • Pedestrian Crossings: Shifted and reduced in length at several points.
      • Street Trees and Bicycle Facilities: Locations adjusted due to changes in crosswalks and other elements.
  • Board Questions/Discussion:
    • Resident Relocation (Susan Fontano): Residents temporarily relocated will return based on a lottery, with priority for those with children in schools or medical conditions.
    • "Slightly Shifted" Clarification (Anne Brockleman): Tim Sinan clarified shifts were within approximately 5 feet.
    • Tree Locations (Anne Brockleman): Adjustments made in coordination with city staff for crosswalks and utilities. The number and caliper of new trees significantly exceed what was originally on site.
    • Substantial vs. Insubstantial (Brian Cook & Steve Carey):
      • Steve Carey confirmed that regulations for substantial changes primarily apply to unit size, number, building height, massing, housing tenure, or building type.
      • Changes in landscape design and mobility access are generally considered insubstantial, though the Board has discretion.
  • Public Comment: No members of the public raised their hand to speak.
  • Staff Recommendation (Steve Carey): The staff memo recommends finding the changes insubstantial and modifying findings, conditions of approval, and one waiver from the original approval.
  • Motion: To find the changes for 40B-2020-001-R3 (Clarendon Hill) as insubstantial and to approve them based on the changes to the findings and conditions and waivers in the July 10, 2025, Zoning Board of Appeals staff memo.
  • Mover: Ann Fullerton
  • Seconder: Anne Brockleman
  • Vote:
    • Sisia Daglian: Aye
    • Zachary Zaremba: Aye
    • Anne Brockleman: Aye
    • Ann Fullerton: Aye
    • Susan Fontano: Aye
  • Outcome: Motion passed unanimously (5-0). The changes were deemed insubstantial.

B. 56 Webster Avenue

  • Case Description: This case was previously opened and continued from May 14, 2025.
  • Applicant Representatives: Jennifer (Applicant), Kathy (Applicant).
  • Discussion:
    • Jennifer stated that all parties (applicant, staff) are in agreement with the staff recommendation.
    • The recommendation extends the special permit as requested, recognizing two years from the State Permit Extension Act, plus the exercise of the first extension, and provides for two additional one-year extensions under specified conditions.
    • Kathy confirmed the agreement, noting that the first extension is being granted now to meet the applicant's request for a 5-year extension.
    • Reporting Requirements: The applicant will provide reports at six-month intervals, with the first report due at the end of March 2026. These reports will detail progress on moving the laundry facilities.
    • Enforcement (Susan Fontano, Steve Carey): Inspectional Services Department (ISD) would enforce non-compliance with reporting requirements. Reports will be agenda items for the ZBA.
    • Six-Month Interval (Brian Cook): Jennifer confirmed comfort with the six-month reporting period, acknowledging that significant changes may not occur immediately but emphasizing the importance of regular updates.
    • Report Specificity (Anne Brockleman): Expressed hope that reports would be more specific than "nothing's changed," detailing activities undertaken.
  • Public Comment: No members of the public raised their hand to speak.
  • Motion: To approve the extension of the special permit timeline and modifications to the conditions as noted in the Somerville Zoning Board of Appeals staff memo dated July 9, 2025, including the submitted timeline and the findings recommended in the staff memo related to tolling dates.
  • Mover: Ann Fullerton
  • Seconder: Anne Brockleman
  • Vote:
    • Brian Cook: Aye
    • Zachary Zaremba: Aye
    • Anne Brockleman: Aye
    • Ann Fullerton: Aye
    • Susan Fontano: Aye
  • Outcome: Motion passed unanimously (5-0).

C. 103 Gilman Street (ZP25-000043)

  • Case Description: Robert Varian seeks relief from SCO 14.1.5.c.11, Point B, to expand an existing non-conforming structure further into a rear setback, requiring a hardship variance.
  • Applicant Representative: Robert Varian (Architect).
  • Project Summary (Robert Varian):
    • The property is a three-family unit built at the turn of the century with existing egress stairs and rear porches.
    • The stairs and porches are in unsafe condition and require replacement.
    • To meet current code compliance, the width of the porch needs to be extended approximately 8 inches closer to the rear property setback.
    • This creates a public safety issue if relief is not granted, as there are no other design alternatives.
    • The property is already non-conforming regarding the rear setback.
  • Board Questions/Discussion:
    • Discrepancy in Width (Ann Fullerton): Noted the report stated 14 inches, while the applicant mentioned 8 inches. Kit clarified that architectural drawings showed extensions of 5.5 inches (Level 1), 4 inches (Level 2), and 5.5 inches (Level 3).
    • Setback Clarification (Ann Fullerton, Kit): The required rear setback is 20 feet. The existing setback is approximately 3.2 feet. The proposed extension would further encroach, making the setback approximately 2.9 to 3.1 feet.
    • Fire Rating (Ann Fullerton): Inquired about fire rating requirements for structures within 3 feet of the property line. Robert Varian stated he would include protective fire-rated material if necessary.
    • Margin of Error (Brian Cook): Suggested that the request for 8 inches provides a margin of error, acknowledging the existing non-conformity and the need to meet code.
    • Specificity of Relief (Ann Brockleman): Expressed concern about granting open-ended relief and suggested tying the approval to the specific dimensions in the submitted framing plans (e.g., 6 feet 3 inches maximum width).
    • Staff Input (Madison Anthony): Agreed with Ann Fullerton's approach, stating that the staff memo was based on the architectural drawings and did not intend to convey tolerance or wiggle room.
    • Continuance Option (Kit): Suggested continuing the application to allow for updated plot plans to ensure accuracy, but the Board opted to proceed due to life safety concerns.
  • Public Comment: No members of the public raised their hand to speak.
  • Hardship Criteria (Ann Fullerton):
    • Criterion 1 (Special Circumstances): Existing non-conforming structure, existing porches violate setback, and the issue is conforming to current life safety building code.
    • Criterion 2 (Literal Enforcement): Literal enforcement would create a hardship by violating life safety.
    • Criterion 3 (Desirable Relief): Relief would not cause substantial detriment to the public good; the change is minor, rebuilding an egress condition, and does not affect the public.
  • Motion: To approve the hardship variance for 103 Gilman Street (ZP25-000043) based on the previously discussed findings and special circumstances, with the special condition that the hardship permit is granted associated with the architectural drawings dated February 21, 2025, prepared by Robert Varian Architect, specifically Plan A-1 where the porch depth is noted, and adopting the criteria discussed in detail in the report.
  • Mover: Ann Fullerton
  • Seconder: Anne Brockleman
  • Vote:
    • Zachary Zaremba: Aye
    • Anne Brockleman: Aye
    • Sisia Daglian: Aye
    • Ann Fullerton: Aye
    • Susan Fontano: Aye
  • Outcome: Motion passed unanimously (5-0).

D. 8-8A Melvin Street (ZP25-000047, ZP25-000048, ZP25-000049)

  • Case Description: Sandy Thilkumar seeks relief for three hardship variances:
    • ZP25-000047: Relief from SCO Section 3.1.13.2-2.c regarding total dormer width standards.
    • ZP25-000048: Relief from SCO Section 3.1.13.L.1.a regarding dormer face width standards.
    • ZP25-000049: Relief from SCO Section 3.1.13.L.1.c regarding dormer separation standards.
  • Applicant Representative: Mr. Kumar (Owner), Robert Pacchione (Architect).
  • Project Summary (Mr. Kumar):
    • Property purchased in 2019 to convert from a two-family to a three-family, with the third floor designated as an affordable unit.
    • During construction, a contractor moved the third-floor kitchen from one side to the other without the owner's knowledge, resulting in non-compliant dormers.
    • The issue was discovered during the Certificate of Occupancy (CO) process. Unit 1 was sold with a CO, but COs for Units 2 and 3 are pending due to the dormer issues.
    • Mr. Kumar stated he is an investor, not a builder, and was not overseeing the construction directly due to COVID-19.
  • Board Questions/Discussion:
    • Owner Responsibility (Susan Fontano, Zachary Zaremba, Ann Fullerton): Board members expressed frustration with the owner's lack of oversight and the contractor's unauthorized changes, emphasizing the importance of adherence to approved plans and zoning regulations.
    • Dormer Separation (Zachary Zaremba): Noted the significant deviation from the required 8 feet to an as-built 2 feet.
    • Architectural Changes (Brian Cook, Madison Anthony): The original design was by a designer, not an architect. Robert Pacchione was brought in later to help with documentation. The dormer changes were made by the contractor without city submission.
    • Minimum Compliance (Anne Brockleman): Suggested exploring minimum changes to bring the dormers into compliance, potentially by adjusting the left-hand dormer to meet the 50% gap requirement for dormer separation, rather than a full demolition.
    • Continuance (Brian Cook): Recommended continuing the case to allow the applicant and architect to revise plans and propose a solution that minimizes financial impact while achieving compliance.
  • Public Comment: No members of the public raised their hand to speak.
  • Motion: To continue the case of 8-8A Melvin Street (ZP25-000047, ZP25-000048, ZP25-000049) to August 20, 2025.
  • Mover: Ann Fullerton
  • Seconder: Anne Brockleman
  • Vote:
    • Brian Cook: Aye
    • Zachary Zaremba: Aye
    • Ann Fullerton: Aye
    • Anne Brockleman: Aye
    • Susan Fontano: Aye
  • Outcome: Motion passed unanimously (5-0). The applicant is to submit revised plans to ISD by August 6, 2025, for review before the August 20th meeting.

VI. Break

  • A 10-minute break was called at 7:45 p.m.
  • The meeting reconvened at 7:55 p.m.

VII. New Business

A. 181 Pearl Street (ZP25-000057)

  • Case Description: 181 Pearl Street LLC seeks relief from SCO Section 10.3.6.A.1 regarding landscape buffer requirements, which requires a hardship variance.
  • Applicant Representatives: Pablo Picker (Owner/Developer), Paul Miller (Architect).
  • Project Summary (Pablo Picker, Paul Miller):
    • Project involves building three residential units on a challenging site.
    • Seeking a fourth hardship variance.
    • The issue arises because a portion of the neighbor's driveway (4 Dana Street) encroaches on the 181 Pearl Street parcel by approximately 3 feet 6 inches.
    • Surface parking is prohibited within the landscape buffer per SCO 10.3.6.B.8.
    • The applicant chose to design around the existing driveway to maintain a good relationship with the neighbor, rather than pursuing legal action.
    • The site is a small corner MR3 parcel (2,024 sq ft), less than one-third the average MR3 size, abutted by NR parcels, requiring large setbacks (10-foot side setback, 12-foot curb setback), leaving a very small developable area.
    • The proposed landscape design includes permeable pavers, native plantings (Ground Inc. as landscape architect), and a bench, providing screening and visual amenity.
  • Hardship Criteria (Paul Miller):
    • Criterion 1 (Special Circumstances): Neighboring driveway encroachment (3 ft 6 in) along the northern lot line. Small corner MR3 parcel (2,024 sq ft) with proportionally large setbacks on all four sides.
    • Criterion 2 (Literal Enforcement): Would require taking back the driveway, leading to a likely legal battle and contentious neighbor relationship, creating financial and relational hardship.
    • Criterion 3 (Desirable Relief): Granting relief would not cause substantial detriment to the public good. The proposed landscape design meets the intent of the zoning ordinance and specific goals of the MR3 district by providing screening, visual amenity, and a buffer.
  • Public Comment:
    • Dinesh (Owner, 4 Dana Street): Spoke in support of the application, thanking Pablo Picker for his generosity. Stated that removing the driveway would cause significant financial burden and that they are within their rights to contest such a removal. Implored the Board to grant the hardship.
  • Board Questions/Discussion:
    • Neighbor Support (Susan Fontano): Appreciated the collaboration between the neighbor and developer.
    • Landscape Design (Susan Fontano): Inquired about the landscape architect (Ground Inc.) and the selection of native, resilient plant species for the location.
    • Renderings (Brian Cook): Noted that renderings provided a good sense of the visual outcome and found the proposed solution acceptable, especially with neighbor support.
  • Motion: To approve the hardship variance for 181 Pearl Street (ZP25-000057), considering the findings discussed in the meeting, shared in the applicant report, and the staff memo dated July 10, 2025.
  • Mover: Ann Fullerton
  • Seconder: Anne Brockleman
  • Vote:
    • Zachary Zaremba: Aye
    • Anne Brockleman: Aye
    • Ann Fullerton: Aye
    • Sisia Daglian: Aye
    • Susan Fontano: Aye
  • Outcome: Motion passed unanimously (5-0).

VIII. Adjournment

  • Motion: To adjourn the Zoning Board of Appeals meeting for July 16, 2025.
  • Mover: Ann Fullerton
  • Seconder: Sisia Daglian
  • Vote:
    • Anne Brockleman: Aye
    • Brian Cook: Aye
    • Zachary Zaremba: Aye
    • Ann Fullerton: Aye
    • Sisia Daglian: Aye
    • Susan Fontano: Aye
  • Outcome: Motion passed unanimously (6-0).
  • The meeting was adjourned.

Last updated: Oct 6, 2025

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