Executive Summary
The Somerville Land Use Committee met on May 21, 2026, to discuss four proposed zoning amendments submitted by former Councilor Bill White and a group of residents. The proposals aim to regulate the size and use of backyard cottages, impose affordable housing requirements on lot splits, and move the approval of lot splits from an administrative process to the Zoning Board of Appeals. While committee members expressed a shared desire to address the scale of recent developments and the impacts of gentrification, planning staff raised concerns regarding potential conflicts with state law and MBTA Communities compliance. No votes were taken on the amendments, and all items remain in committee for further analysis.
Call to Order and Roll Call
The meeting was called to order by Chair Ben Ewen-Campen. A roll call was conducted to establish a quorum.
- Councilor Lance Davis: Present
- Councilor Jesse Clingan: Present
- Councilor Matt McLaughlin: Present
- Councilor Ben Ewen-Campen: Present
- Councilor Naima Sait: Absent (Attending a simultaneous School Buildings Committee meeting)
Also in attendance were Fiona DiMartino (Deputy Director of Planning, Preservation, and Zoning) and Samantha Carr (Land Use Analyst).
Approval of Minutes
The committee reviewed the minutes from the meeting held on May 7, 2026.
- Action: The minutes were approved as part of a consolidated vote at the end of the meeting.
Item 260330: Amendment to Backyard Cottage Size Limits
This amendment proposes that a "backyard cottage shall be no larger in gross floor area than one half the gross floor area of the principal dwelling or 900 square feet, whichever is smaller."
- Discussion: Councilor Davis noted that current developments are significantly larger than the "modest" structures originally envisioned during the 2019 zoning overhaul, citing examples of units reaching nearly 1,500 square feet.
- Staff Input: Fiona DiMartino confirmed that the 900-square-foot limit is consistent with new state standards for Accessory Dwelling Units (ADUs). She noted that the city is currently drafting its own maintenance amendment to reconcile local zoning with state law.
- Key Point: Councilor Ewen-Campen observed that developers are currently utilizing finished basements to effectively create two-and-a-half-story buildings, which exceeds the public's expectation of a small cottage.
Item 260329: Defining Backyard Cottages as Accessory and Ancillary Uses
This amendment seeks to define backyard cottages as ancillary structures, effectively preventing them from being sold as individual condominiums and requiring them to remain under common ownership with the principal building.
- Discussion: Councilor McLaughlin expressed strong reservations, stating, "I don't see the correlation between an ADU being a condo or being a rental unit... a condo is a unit that an individual or family can own on their own." He argued that ownership opportunities are vital for those priced out of single-family homes.
- Staff Input: Planning staff noted that the Somerville zoning ordinance generally does not regulate the form of ownership (condo vs. rental) and that state ADU laws explicitly discourage such restrictions.
Item 260328: Affordable Dwelling Units and Lot Splits
This amendment proposes that if a lot split results in the creation of five or more total units, the city's 20% inclusionary housing requirement should apply to the entire project.
- Discussion: Councilor Clingan raised concerns about developers using separate LLCs for split lots to circumvent affordability rules.
- Staff Input: Fiona DiMartino warned that this could disqualify certain lots from MBTA Communities compliance and might make small-scale development (2-4 units) financially unfeasible.
- Legal Concerns: Samantha Carr noted potential issues with the "uniformity clause," which requires consistent treatment of similar structures within a zoning district.
Item 260327: Zoning Board of Appeals Jurisdiction Over Lot Splits
This amendment would require the Zoning Board of Appeals (ZBA) to have discretionary jurisdiction over lot splits, which are currently handled as an administrative "by-right" process if the resulting lots meet minimum size requirements.
- Discussion: Councilor Ewen-Campen expressed conflict, noting that while neighbors are often frustrated by the sudden loss of open space, the 2019 overhaul aimed to move away from a "pay to play" system of discretionary permits. He stated, "If we think we got the minimum lot size wrong, we should approach that... but I don't really like the idea of saying the minimum lot size is X, but then actually it's not in practice."
- Staff Input: The Planning Division argued against installing a discretionary approval process for by-right land planning but suggested improving construction management notifications for neighbors.
Adjournment
The committee voted to leave all four zoning items in committee pending further research and a forthcoming administration amendment.
- Vote to Adjourn: Approved 4-0 (Davis, Clingan, McLaughlin, Ewen-Campen in favor).
- Meeting Adjourned: Time not specified in transcript.