Meeting Minutes: City of Somerville Zoning Board of Appeals
Meeting Date: June 4, 2025 Governing Body: City of Somerville Zoning Board of Appeals Type of Meeting: Regular Meeting Attendees:
- Susan Fontano, Chair
- Ann Fullerton, Member
- Zachary Zaremba, Member
- Sisia Daglian, Alternate
- Brian Cook, Alternate (Acting Clerk)
- Lexi Payne, PPZ Case Planner
- Kit Larson, Staff
- Emily Hutchins, Staff
- Christian Bernard, Staff
Executive Summary: The Zoning Board of Appeals (ZBA) approved the minutes from previous meetings and granted two requests for withdrawal without prejudice for signage applications at 28 Chestnut Street and 100 Chestnut Street. A special permit was approved for Hooples Bagels at 54 Elm Street to establish a bakery, cafe, coffee shop business. The ZBA denied a hardship variance request for an illuminated blade sign at 230 Elm Street, citing a lack of established hardship criteria and concerns about sign pollution. The Board also discussed the ongoing need for volunteers to serve as acting clerk for future meetings.
1. General Business
- Approval of Minutes:
- Motion: Brian Cook moved to approve the minutes for the April 30, 2025, and May 14, 2025, Zoning Board of Appeals meetings as presented.
- Second: Sisia Daglian seconded the motion.
- Vote:
- Sisia Daglian: Yay
- Zachary Zaremba: Yay
- Ann Fullerton: Yay
- Brian Cook: Yay
- Susan Fontano: Yay
- Outcome: The motion passed unanimously (5-0).
2. Public Hearings
2.1. 28 Chestnut Street (ZP 25000012)
- Applicant: ADA Forsyth Institute Incorporated
- Request: Seeks to install a noncompliant sign in the Commercial Industry Zoning District, requiring a hardship variance.
- Discussion:
- Jennifer Schultz, representing ADA Forsyth Institute, requested to withdraw the application without prejudice, stating the applicant decided not to proceed with signage on the building.
- Motion: Brian Cook moved to approve the applicant's request to withdraw without prejudice the application for a hardship variance and zoning relief for 28 Chestnut Street.
- Second: Ann Fullerton seconded the motion.
- Vote:
- Brian Cook: Yay
- Susan Fontano: Yay
- Sisia Daglian: Yay
- Ann Fullerton: Yay
- Zachary Zaremba: Yay
- Outcome: The motion passed unanimously (5-0).
2.2. 100 Chestnut Street (ZP 25000012)
- Applicant: ADA Forsyth Institute Incorporated
- Request: Seeks to install a noncompliant sign in the Commercial Industry Zoning District, requiring a hardship variance.
- Discussion:
- Jennifer Schultz, representing ADA Forsyth Institute, reiterated the request to withdraw the application without prejudice for the same reasons as 28 Chestnut Street.
- Motion: Brian Cook moved to approve the applicant's request to withdraw without prejudice the application for a hardship variance zoning relief for 100 Chestnut Street.
- Second: Sisia Daglian seconded the motion.
- Vote:
- Sisia Daglian: Yay
- Ann Fullerton: Yay
- Zachary Zaremba: Yay
- Brian Cook: Yay
- Susan Fontano: Yay
- Outcome: The motion passed unanimously (5-0).
2.3. 54 Elm Street (ZP 25000050)
- Applicant: Hooples Bagels, represented by Adam Dash and Associates
- Request: To establish a bakery, cafe, coffee shop business in the Neighborhood Residential (NR) District within the Small Business Overlay District, requiring a special permit.
- Key Discussion Points:
- The proposed business, Hooples Bagels, is a second location for a successful Brookline establishment.
- The storefront at 54A Elm Street has been vacant for approximately seven years.
- No exterior work is planned other than signage and outdoor seating.
- No on-site parking is required or provided.
- Site Plan Details:
- A walk-in cooler will be installed at the back of the building, screened by lattice fencing.
- A dumpster container will be enclosed with a chain-link fence and privacy slats.
- Short-term and long-term bicycle parking will be provided.
- Outdoor seating for 10 individuals is proposed along the side of the building (Mossland Street).
- The interior will feature a kitchen, ordering counter, and 14 indoor seating arrangements.
- Economic Development Division Review: The proposal is supported as it will activate vacant ground-floor space, enhance the site's appearance, improve pedestrian and bicycle access, and provide tax revenue.
- Public Comments:
- Meredith Porter (104 Josephine Ave): Expressed strong support for the project, citing familiarity with the Brookline location and the benefit of activating a long-vacant space. "I just want to heartily express my support for the project. I'm familiar with Couples Operation in Brookline. They've been great always. It would be wonderful to have a location here in Somerville."
- Susan Lane (54 Albion Street): Supported the proposal, noting the convenience of a bagel shop in the area and its positive addition to the city outside of core squares.
- Board Discussion:
- Zachary Zaremba: Supported the proposal, noting the long-vacant storefront and the unique business type for Somerville. Raised concerns about potential cyclist-pedestrian conflicts on Mossland Street due to outdoor seating, especially during rush hour, suggesting the applicant consider this liability.
- Adam Dash (Applicant's Attorney): Noted that the city is planning to reconfigure the Mossland Street intersection next year, which should alleviate traffic concerns.
- Susan Fontano: Praised the improved appearance of the corner and the inviting nature of the proposed business. Inquired about the screening of the outdoor cooler and trash area, confirming it would be adequately hidden.
- Ali Gorby (Applicant): Clarified that the outdoor cooler is for storing pre-prepared products from their Brookline location, reducing on-site waste.
- Special Permit Findings (read by Brian Cook):
- The special permit is consistent with the comprehensive plan and existing policy plans and standards established by the city, supporting the goals laid out in SomerVision 2040, including investing in the growth of a resilient economic base centered around transit, generating a wide variety of job opportunities, creating active daytime population, supporting independent local businesses, and securing fiscal self-sufficiency.
- The special permit is consistent with the intent of the NR zoning district where the property is located, in part to conserve already established areas of detached and semi-detached residential buildings.
- Motion: Brian Cook moved to approve a special permit to establish a bakery, cafe, coffee shop business in the Neighborhood Residential District within the Small Business Overlay District, with the findings as discussed and the conditions as enumerated in the staff memo dated May 28, 2025, including specific conditions regarding mobility and zoning compliance.
- Second: Ann Fullerton seconded the motion.
- Vote:
- Sisia Daglian: Yay
- Zachary Zaremba: Yay
- Ann Fullerton: Yay
- Brian Cook: Yay
- Susan Fontano: Yay
- Outcome: The motion passed unanimously (5-0).
2.4. 54 Albion Street (ZP 25-000026)
- Applicant: Susan and Taryn Lane
- Request: Seeks relief from Somerville Code of Ordinances (SCO) Section 3.1.7.B regarding the minimum sum of side setbacks, which requires a hardship variance.
- Key Discussion Points:
- The applicants propose a small two-story addition to their home, including a half-bath on the first floor and an expanded family bath with laundry facilities on the second floor.
- The addition will have a crawl space foundation.
- The existing front porch will be rebuilt in the same footprint.
- The property's existing configuration, built before current setback regulations, results in a six-inch encroachment beyond the allowed 12-foot combined side setback requirement for the proposed addition.
- Public Comments:
- Judy Partington (56 Albion Street): Spoke in support of the project, as a direct abutter. "I live right next door at 56 Albion Street, and I'm just here in support of this project. And I'm hoping that they get approved for this addition." An email from Ms. Partington was also read into the record, expressing full support.
- Board Discussion:
- Brian Cook: Questioned the rationale behind the 12-foot combined side setback ordinance, noting the difficulty in applying strict hardship variance criteria to minor deviations like six inches. Expressed frustration with the statutory requirements for hardship variances.
- Susan Fontano: Acknowledged the purpose of the ZBA is to address such issues and noted that the Massachusetts courts recognize variances may deviate from zoning intent.
- Kit Larson (Staff): Confirmed the 12-foot setback applies to both new and existing construction, acknowledging existing non-conformities.
- Draft Hardship Variance Criteria (read by Brian Cook):
- Special Circumstances: "Because of the positioning of the existing dwelling on the lot and the established lot lines, some of the side setback requirements in the NR district would prohibit an addition with bathrooms to meet code requirements for minimum clearances in bathrooms."
- Literal Enforcement: "Literal enforcement would cause financial other hardships by prohibiting additions with bathrooms to meet required clearances of 30 inches clear."
- Detriment to Public Good: "The desired relief does not cause substantial detriment to the public good, nor detracts from the intent and purpose of the Somerville zoning ordinance. Because the required relief is only six inches, which would be very barely perceptible to abutting neighbors and the proposed addition is only two stories, rather than the full three stories of the dwelling, making it less visually impactful."
- Motion: Brian Cook moved to approve the hardship variance for zoning relief from the minimum of side setbacks requirement in the NR district to construct a two-story addition, with the criteria findings as discussed and conditions as listed in the staff memo dated May 20, 2025.
- Second: Sisia Daglian seconded the motion.
- Vote:
- Sisia Daglian: Yay
- Zachary Zaremba: Yay
- Ann Fullerton: Yay
- Brian Cook: Yay
- Susan Fontano: Yay
- Outcome: The motion passed unanimously (5-0).
2.5. 230 Elm Street (ZP 25-000027)
- Applicant: Classic Signs Incorporated
- Request: Seeks to have an illuminated sign more than 10 feet from the principal entrance of a new commercial business (Goodwill) in the Mid-Rise (MR4) District, requiring a hardship variance.
- Key Discussion Points:
- Justin Parker from Classic Signs presented the proposal for an illuminated blade sign projecting 20.75 inches from the building.
- The sign would be installed on a corner of the building, approximately 10 feet 2 inches from the principal entrance, exceeding the 10-foot limit.
- The applicant argued that windows near the main entrance prevent installation within the 10-foot limit.
- The existing Goodwill sign (installed February 26, 2025) is also illuminated.
- Public Comments:
- Joe Kislow (8 Herbert Street): Expressed concern about sign brightness, particularly illuminated signs projecting over walkways. Cited the "scorching blue light" from the Chase sign on Elm Street as an example of excessive brightness that detracts from the evening visibility of the square. "I just don't believe that people are wandering around and need to be able to see a sign more than a block away. So I think, I realize this is probably into some zoning details, but I think the brightness makes a big difference."
- Board Discussion:
- Zachary Zaremba: Questioned the consistency and fairness of granting variances for signage, noting that some businesses comply while others, like Chase, appear to have non-conforming signs. Expressed skepticism that windows constitute a unique hardship for a corner lot.
- Lexi Payne (PPZ Case Planner): Explained that if approved, the applicant would still need to comply with all other ordinance requirements, including lighting standards, enforced by the Inspectional Services Department (ISD).
- Brian Cook: Agreed with Zach, expressing conflict. Noted that the sign's placement might be a preference rather than a necessity, and a slight height adjustment could make it conforming. Questioned the purpose of the sign ordinance if minor variations are consistently granted hardship variances.
- Ann Fullerton: Agreed with Zach and Brian. Believed the blade sign could be accomplished within the signage band without a hardship variance, similar to other businesses. Noted Goodwill's double-wide frontage complicates the entrance measurement but doesn't necessarily create a hardship.
- Sisia Daglian: Aligned with the other board members' concerns.
- Susan Fontano: Opposed the variance, citing concerns about "sign pollution" and excessive illumination in Davis Square, which could negatively impact residents. Emphasized that Goodwill is a well-known business and the existing signage is already attractive and sufficient. Stated that the board's discussion did not establish findings that meet the hardship variance criteria.
- Motion: Brian Cook moved to approve the hardship variance for zoning relief to have an illuminated blade sign more than 10 feet from the principal entrance of a new commercial business in the Mid-Rise (MR4) District, with the criteria findings as discussed and conditions as listed in the staff memo dated May 28, 2025.
- Second: Ann Fullerton seconded the motion.
- Vote:
- Zachary Zaremba: Nay
- Sisia Daglian: Nay
- Ann Fullerton: Nay
- Brian Cook: Nay
- Susan Fontano: Nay
- Outcome: The motion to approve was denied unanimously (0-5). The request for a hardship variance was therefore denied.
3. Other Business
- Clerk's Responsibilities:
- The Chair, Susan Fontano, requested volunteers to serve as acting clerk for future meetings due to the current vacancy.
- Brian Cook was commended for his excellent work as acting clerk.
- Ann Fullerton, Sisia Daglian, and Zachary Zaremba expressed willingness to volunteer.
- Kit Larson (Staff): Offered to provide "cheat sheets" and additional training for anyone needing a refresher on clerk duties.
- Brian Cook: Shared that his method involves using staff memos, past templates, and cheat sheets, emphasizing that the material is largely provided by staff. Offered to assist other board members.
- Susan Fontano: Praised the thoroughness of recent staff reports, noting they provide valuable information for the board's decision-making.
- New Member Update: Kit Larson reported that a couple of candidates for a new board member are moving forward, but an exact timeline is not yet available.
- Next Meeting Clerk: Sisia Daglian volunteered to serve as clerk for the next meeting (June 18th), as Ann Fullerton will be unavailable.
4. Adjournment
- Motion: Brian Cook moved to adjourn the June 4, 2025, meeting of the Somerville Zoning Board of Appeals.
- Second: Ann Fullerton seconded the motion.
- Time: 7:19 PM
- Vote:
- Brian Cook: Aye
- Ann Fullerton: Aye
- Sisia Daglian: Aye
- Zachary Zaremba: Aye
- Susan Fontano: Aye
- Outcome: The motion passed unanimously (5-0).