Executive Summary
The Somerville Zoning Board of Appeals met on February 4, 2026, to address administrative business and a significant administrative appeal. The Board approved minutes from late 2025 and early 2026 and granted a continuance for a curb cut request at 12 Linden Street. The meeting's primary focus was an administrative appeal regarding 17 Hudson Street, where an abutter challenged building permits for a multi-unit development involving a lot split and a backyard cottage. Key discussions centered on the legal definition of 'accessory' structures, the transparency of lot split procedures, and the impact of recent zoning changes that repealed affordable housing requirements in the Neighborhood Residence (NR) district. The 17 Hudson Street case was continued to March 4, 2026, for further deliberation.
Meeting Information
- Governing Body: Somerville Zoning Board of Appeals (ZBA)
- Meeting Date: February 4, 2026
- Meeting Type: Remote Participation
- Board Members Present: Susan Fontano (Chair), Anne Brockelman (Vice Chair/Acting Clerk), Ann Fullerton, Olivia Mobayed, Zach Zaremba, Sisia Daglian.
- City Staff Present: Dan Bartman (Planning, Preservation, and Zoning Director), Kit Lester (ZBA Liaison), David Shapiro (Legal Department), Matt Saccioni (Inspectional Services Department).
General Business: Minutes
The Board reviewed the meeting minutes from December 3, 2025, December 17, 2025, and January 14, 2026.
- Correction: Member Fullerton requested a revision to the January 14, 2026, minutes regarding a hardship variance for 666 Union Square Plaza to clarify that the motion to grant the variance was denied unanimously (0-5).
- Action: The Board voted to approve the minutes with the noted revision.
- Vote (5-0): Sisia Daglian (Aye), Olivia Mobayed (Aye), Ann Fullerton (Aye), Zach Zaremba (Aye), Susan Fontano (Aye).
12 Linden Street (ZP25-000112)
- Applicant: Yang Ji
- Relief Sought: Relief from SZO 3.2.18.A.2 to add a second curb cut on a front lot line in the Urban Residence (UR) zoning district, requiring a hardship variance.
- Action: The applicant requested a continuance.
- Vote to Continue to February 18, 2026 (5-0): Anne Brockelman (Aye), Ann Fullerton (Aye), Zach Zaremba (Aye), Sisia Daglian (Aye), Olivia Mobayed (Aye).
17 Hudson Street (ZP 25-000094) - Administrative Appeal
The Board heard an administrative appeal filed by Denise Provost regarding the issuance of building permits B25-000078, B25-000079, and B25-000081.
Appellant Arguments (Presented by Attorney William White):
- Accessory Structure Definition: White argued that a backyard cottage intended as a separate condominium unit cannot be considered an 'accessory structure' under SZO 10.2.1, which requires such structures to be maintained under the same ownership as the principal building. He stated: 'In no way, shape, or form can I look at this and say a backyard cottage in a four-unit condominium development is an accessory structure.'
- Ambiguity: White contended the term 'small' in the backyard cottage definition is too ambiguous for an 'as-of-right' permit and violates Chapter 40A.
- Lot Split Procedure: White challenged the current lot split procedure, arguing it is shielded from public view and lacks the development plan review required by the City Council.
Developer Response (Presented by Attorney Ann Vigorito and Architect Evan Stellman):
- Compliance: The developer argued the project is 'as-of-right' under the 2019 zoning code.
- Dimensions: Architect Evan Stellman testified the cottage complies with all dimensional requirements, including a 576-square-foot footprint and a height of 1.5 stories. He noted the total proposed square footage is 1,398 square feet, including a finished basement which does not count as a 'story' because it is less than 5 feet above grade.
Public Testimony: 17 Hudson Street
Several residents spoke in support of the appeal:
- Denise Provost (Appellant/Abutter): Expressed concerns regarding the loss of a 150-year-old silver maple, environmental impacts (runoff), and the loss of sunlight for solar panels. She noted the developer proceeded 'at risk' despite the appeal.
- Mary Cossesso (Somerville Affordable Housing Trust Fund): Expressed concern over the loss of affordable housing, noting the project adds density without contributing affordable units.
- Joe Lynch: Criticized the interpretation of the new zoning code and requested a stop-work order or revocation of permits to avoid further litigation.
- Meredith Porter: Argued that lot splits are being granted without notice to abutters and that the 'accessory' nature of the cottages is being ignored.
Staff Clarifications and Board Discussion
- Affordable Housing: Director Dan Bartman clarified that the City Council repealed the affordable housing requirement for the Neighborhood Residence (NR) district. Up to four units are now permitted by right without an affordability requirement.
- Lot Splits: Bartman explained that Somerville is exempt from the State Subdivision Control Act. He stated that lot splits are not discretionary if they meet dimensional requirements: 'The only thing that can ever be done is you have to approve it... it is not discretionary.'
- Story Height: Matt Saccioni (ISD) confirmed that under the current ordinance, a basement does not count as a story if the first floor is less than 5 feet above the average ground level.
Continuance and Adjournment
- Action: The Board voted to continue the 17 Hudson Street appeal to March 4, 2026, to allow for further review and to hear two additional related cases filed by Attorney White.
- Vote to Continue (5-0): Ann Fullerton (Aye), Zach Zaremba (Aye), Sisia Daglian (Aye), Olivia Mobayed (Aye), Susan Fontano (Aye).
- Adjournment: The meeting was adjourned at the conclusion of business.
- Vote to Adjourn (5-0): Ann Fullerton (Aye), Olivia Mobayed (Aye), Susan Fontano (Aye), Zach Zaremba (Aye), Anne Brockelman (Aye).