Somerville Zoning Board of Appeals 6-4-25

Good evening, ladies and gentlemen, and welcome to the City of Somerville Zoning Board of Appeals for June 4th, 2025. This 601 pursuant to Chapter two of the acts of 2025. This meeting of the Somerville Zoning Board of Appeals will be conducted via remote participation. A video recording of these proceedings will be available on the city website meetings and events page, or by emailing the Zoning Board at summerwoldmass.gov. Tonight, we have the staff. The board is Ann Fullerton, Zach Zaremba. Our acting clerk is going to be Brian Cook, Sisia Daglian, and I am Susan Fontano. Joining us for staff Right now is Lexi Payne, Kit Larson, Emily Hutchins, and I think a couple of more folks might be joining us as we go. And of course, Christian Bernard. If I missed anybody, I apologize. So first on the agenda tonight, Mr. Clerk, is general business. Would you please conduct that and make a motion?

Yes, Madam Chair. In preface, I think the Board ought to recognize the excellent preparation of minutes that we've had this year so far. It's been a pleasure to be able to see those minutes and see them practically error-free. uh and some of them are quite complicated because we've had complicated hearings so i think uh a public recognition of the preparation of minutes is is appropriate thank you brian i move to approve the minutes for the april 30 2025 and may 14 2025 zoning board of appeals meetings

JoAnne Hanrahan, As presented, may I have a second. JoAnne Hanrahan, Second second if I CC a deadly and and Brian any and everybody was on board as we go around the na please there, nobody has any corrections correct okay CC a deadly and. JoAnne Hanrahan, yay. JoAnne Hanrahan, zack's remember. JoAnne Hanrahan, Yes, and bulletin. JoAnne Hanrahan, yay. JoAnne Hanrahan, Brian cook yeah. Susan Fontano, yay. Let the record show it was unanimous five votes tonight for the affirmative. Next, the public hearings. We're going to go off the agenda just a little bit, and we're going to jump down to two cases, Chestnut Street and one, well, 20, 28 Chestnut and 100 Chestnut. Would you please open those up for us, please, Mr. Cook?

Yes, ma'am. Opening 28 Chestnut Street, ZP 25000012, ADA Forsyth Institute Incorporated seeks to install a noncompliant sign in the commercial industry zoning district, which requires a hardship variance. 100 Chestnut Street, 28 Fitchburg Street, ZP 25000012. ADA Foresight Institute Incorporated seeks to install a noncompliant sign in the commercial industry zoning district, which requires hardship variance.

OK, number one, we have to take one at a time on the vote. They have both come forward, both withdraw without prejudice. Kit, do we have all the information we need or are they here tonight?

Let's see. I see Jennifer Schultz. I'll allow her to speak.

Ms. Schultz, this is regarding 28 Chestnut Street.

Yes. Can you hear me? Yes, we can. Thank you. Wonderful. Yes, ma'am. Madam chair. So for both signs, so I guess I'm sorry, I will take it one at a time as you requested. So for 28 Chestnut Street, the applicant, my client, ADA Forsyth Institute is requesting a withdrawal without prejudice for the hardship variance request as they have decided to not proceed forward with signage on the building.

Okay, thank you very much. Any comments from the board? Okay. May I have a second, please, to Mr. Cook's motion?

I didn't move yet.

Oh, I'm sorry. I'm sorry. Go ahead.

I move to approve the applicant's request to withdraw without prejudice that application for a hardship variance and zoning relief for 28 Chestnut Street.

Thank you, Mr. Cook. Seconded by Ann Fullerton. All in favor, as I go around, please say yay or nay. Brian Cook.

Yay.

Susan Fontano, yay. Cecilia Deglian, yay. Ann Fullerton, yay. And Zach Zaremba, yay. Thank you. Let the record show five voting members all in the affirmative. Next is the 100 Chestnut Street, ZP25000012. Again, Ms. Schultz.

Yes, Madam Chair. For the same reasons previously stated, although I will state again, the applicant, my client, ADA Forsyth Institute, is seeking a withdrawal without prejudice for their application for a hardship variance for signage on this building due to their decision internally to not proceed forward with the attempt to place signage on the building.

Thank you so much, Mr. Clerk.

Yes, Madam Chair, I move to approve the applicant's request to withdraw without prejudice the application for a hardship variance zoning relief for 100 Chestnut Street.

Seconded by? Second. Seconded by Sisia Daglian. All in favor say yay or nay, whatever your vote is. Sisia Daglian? Yay. Ann Fulton, Zach Zaremba, Yay. Ann Fulton, Yay. Ann Fulton, Brian Cook, Yay. Ann Fulton, And Susan Fontano, Yay. Ann Fulton, Let the record show all five voting members voted the affirmative. Ann Fulton, Thank you, thank you for coming out Ms. Schultz. Ann Fulton, Okay, so next on the agenda was number 154 Elm Street. Okay. Hi. Are they there? Madam Chair, this is Kit. I'm promoting Adam Dash. Thank you. While you're doing that, I'm going to have Brian Cook open it. Thank you, Brian.

Thank you, Madam Chair. Opening 54 Elm Street, ZP 25, 000050. Hooples Bagels, represented by Adam Dash and Associates, seeks to establish a bakery, cafe, coffee shop business in the neighborhood residential NR district within the small business overlay district, which will require a special permit.

Thank you. Good evening, Mr. Dash.

Good evening, Madam Chair, members of the board. I would like to see if we could also promote Ali Gorby, Farzad and Julia Gorby, Jared Walsh, and Madison Hill. And Madison will be doing some slides. While that's happening, this is Adam Dash, 48 Grove Street in Somerville, attorney for Couples Bagels Somerville, LLC. Farzad, Julie, and Ali Gorby are the managers. They are all here tonight, the family. Madison Hill from Colwell Group, the architects, is here, as is Jared Walsh, the civil engineer from Bowler Engineering. uh regarding uh this project um the clients are going to be leasing 54a elm street to open a bakery coffee shop or cafe use namely couples bagels which will be a second location for their famous brookline location uh 54a elm street is a storefront that's attached to the 54 elm street property which is a four-unit mixed-use building which has been vacant since the building was renovated and expanded seven or so years ago. If you go back far enough, you may recall there was a convenience store in this site on this location way back when, but it's been vacant for a very long time. It's in the neighborhood resident zoning district and the small business overlay, so this use requires a special permit. No other works being done to the building exterior rather than signage outdoor seating. There will be no parking on site, nor is any required Madison. You want to show some slides? It's not a terribly slide heavy presentation, but.

Yes, absolutely. Thank you, Adam. And thank you. Madam chair. I'm going to go ahead and share my screen. I think I just need to send a quick request. Awesome. And as Adam mentioned, I am with the Coldwell Group. So we are the architects working with the Gorbys for Couples Bakery. We are going to show some existing site photos. This is just a site plan showing where those photos are coming from. As you can see, and as Adam had mentioned, we're not going to be doing any exterior site improvements besides signage, potentially on the windows and the awnings. The entrance to the building is staying as is. Again, all the exterior siding staying as is. So this is just showing as we're approaching the entrance. An overall view of the building. The side view here going down Mossland is where we're proposing to include exterior seating for Couples Bagels. And then this site plan is showing Just the overall site improvement. So we're proposing a walk-in cooler for the bakery. It's going to be as close to the building, back of the building as possible. And we are going to be screening it with lattice fencing, just extending the existing lattice fencing that is there. We also have a proposed dumpster container that will be enclosed with the chain link fence and privacy slots, as well as short-term and long-term bicycle parking. And then up alongside this side of the building is the proposed outdoor seating. When we're going into the interior of the building, nothing's changing to the existing basement plan. It's just gonna be used as existing or additional storage for the bakery itself. The first floor plan, utilizing the existing ADA restroom. And then we're just going to improve it with a kitchen, ordering counter. And there is 14 indoor seating arrangements, some high tops, bistro tables, a bar counter. And then again, the 10 outdoor proposed seating. And then finally, we're just showing some elevations of how we're proposing to extend the lattice fencing, something similar to the white lattice fencing that is already existing and then chain link privacy fencing for the dumpster enclosure.

Thank you, Madison. And I would just note the dumpster would go where the trash cans are currently located at the property.

That's correct.

Yeah. The Economic Development Division of the city has reviewed the application and stated the proposal will one help activate ground floor spaces and facades and dramatically increase visibility and attractiveness of the formerly vacant ground floor space. Two, improve the interplay of ground floor space and civic space by enhancing the appearance of the site's existing commercial space and by installing outdoor seating. Three, improve the building signage and wayfinding around the site by installing new signage. Four, enhance the potential for outdoor seating commercial activity along with the window and awning treatments. Five, improve site access for pedestrians and bicycles by providing an attractive destination for such users. and that the economic development division has no objections or conditions to the applicant's proposal couples operates i should note in a similar situation at his brooklyn location on harvard street it's a commercial use on a busy street with no parking that abuts residences they have experience working successfully in this sort of environment they're a pretty well-known institution there for many years and have been very successful there and they can they're very confident they can do the same here the applicant meets the requirements for a special permit by filling a long vacant storefront by creating and maintaining and enhancing location appropriate for neighborhood and community service neighborhood and community serving business in keeping with the goals of the summer zoning ordinance and summer vision 2040 uh providing tax revenue to the city bringing a unique product to this neighborhood which has a large number of residents students and commuters passing by daily being a fairly small space to meet local residential needs enhancing other businesses and uses nearby by providing a place to eat, and being close to the Porter Square T Station, train station, and several bus routes makes this easily accessible. The applicant is fine with the conditions that are proposed in the staff report and requests that the special permit for bakery, cafe, or coffee shop use in the small business overlay be granted.

Thank you very much, Mr. Dash. Is there anybody at the public I'd like to open the public portion of the meeting. Is there anyone here like to speak?

Madam Chair, this is Kit. I'm going to allow Meredith Porter to speak. Before I do, Emily, would you be able to run the timer?

I can do that. Give me one moment. Thank you.

And can you take the slides down Madison while we're doing this? Thanks.

If anyone else would like to speak, just raise your hand, and you'll be given two minutes.

Thank you, Emily. Mr. Porter?

Yes, hi. Meredith Porter, 104 Josephine Ave. 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. I think it's also a great spot for them to be located since there's been nothing happening on the ground level there for a long time. And it seems like a spot that could could really use some retail activity. And I think it's well situated and would be just very friendly to the neighborhood, would be really

popular and i would recommend that you approve it thank you very much thank you thanks for coming out anybody else madam chair this is kit i'm going to allow susan lane to speak miss lane welcome

Alison Tucher , City of Boulder OSMP Hello. Alison Tucher , City of Boulder OSMP Yes, from 54 Albion Street. Alison Tucher , City of Boulder OSMP We're actually here for a different thing, but I'll just say that Alison Tucher , City of Boulder OSMP I like this proposal. I bike pass there a lot. I know I'm familiar with that front, and I think it would be fantastic to have a bagel shop there. It would be very convenient to our lives, and it would be a good addition to the city a little bit outside of like, you know, the core of Davis Square and Union Square. Alison Tucher , City of Boulder OSMP That's it. Thank you.

Thank you for your support coming out. Next, please.

Madam Chair, this is Kit. I do not see anyone else with their hand raised.

Okay. Well, we'll leave it open for a couple of minutes in case somebody tunes in late and we'll turn it over to the board. Does anybody have any questions?

uh comments even for our folks here tonight Zach Zaremba um thank you I I'm supportive of this proposal the storefront's been empty for a while I think this type of business is something that's unique and Somerville lacks um so I am inclined to vote for tonight the only issue that I'd like to point out more so some advice for the people building this is that Mossland street is very, very crowded, especially during Bush hour. It's very narrow. There's 2 turning lanes and it's not really built to accommodate the type of traffic that goes down that goes down that street to get onto some real. There's a bike lane that runs on Cedar street. and ends but then people go down cedar onto mossland and very often what happens is and i know because i have to do this sometimes it's there's so much traffic on mossland that it's pretty unsafe to drive to ride your bike through that street and people will go on the sidewalk briefly before they get to the stoplight um but sometimes i got to do it just because that's what it's like in the morning on that road so while you're considering the seating that's going to be on mossland hopefully a cyclist is going to be smart enough not to put their bike on there if it's crowded with people but you could have a liability issue on your hand if somebody does decide to go on a cycle on the sidewalk just for that brief moment to avoid the traffic there um so i want the outdoor seating but John Potter, You know, go there in the morning, when there's a shower and there's a lot of people on their bikes on a nice day like today and see what you think about that. Thank you.

Marsha Croninger, Does anybody want to address that.

John Potter, um yeah Adam dash I can the I would note that, thank you for that, and the city is actually working on that and to reconfigure that intersection to make moss land, not a cut through anymore. John Potter, Right here, we have seen those plans they're planning on doing that next year, I believe, so I think that will actually solve itself.

Great Thank you for that second Thank you Adam anybody else on the board want to comment. I would just like to say I've seen that corner evolve over the years, and it's much, much more attractive. It's nice. That little business is going to be, especially the 54L beside it. There's A and B, I think, on the address. The front lawn always looks nice. They're keeping the property. And that's inviting for people who want to go and sit down and have a cup of coffee and a bagel or a tea or something. my question i have a couple of questions about the back of the building because i believe it's the opening after the garage behind the building that you're going to put your air conditioning out there and your trash and your uh is it a race a refrigerator going outside

Matt. yeah it's a it's a cooler for. For bringing in the dough, I guess, for lack of a better word to store it before it's cooked so it's up against the building it's and it's behind that screen. I don't know, maybe i'll leave you had a little the owner here might operationally. Ali answer for that.

How are you Madam Chair? Yeah, so the outdoor cooler's purpose there is because we are not going to be producing on site. So it'll be a lot less garbage and stuff like that in the area we're producing at our, excuse me, at our Brookline location. So the purpose of the outdoor cooler is to store the pre-prepared products to bring into the back of the store and cook and, you know, to finish it in the oven and bake them in the oven and have them hot and ready in our location.

Okay, and I see you did have a neighborhood meeting. I see the whole list. It looks like it was pretty well attended. The neighbor that abuts on the side street, have you heard any comments from them? You've got plenty of screening to hide your stuff from there, looking at that, you know, especially like the trash and stuff, you know, the air conditioning units.

Yes, Madam Chair, I can take that one, Adam. So there isn't a roof overhang on the back of the building, so that covers a majority of it. The extended lattice will cover past the size of the cooler. And then the chain link fencing is eight feet high to meet the Somerville code. So that should cover the the trash dumpster. Great.

Thank you very much. JoAnne Hanrahan, Well. JoAnne Hanrahan, Everybody seems pleased with it, I think it looks great and it's true that's con has been vacant too long and it's a nice neighborhood type of field there it'll be good for all the people walking in and out going to port of square and going up the other end. So I'd like to go back, if I may, with Kit to see if there's anybody in the public that came in. And if not, we will close that portion. Kit? Madam Chair, I do not see anyone else with their hand raised. Okay, so let the record show we're closing the public portion at this moment and turning over to the board. If you're all ready to vote, I'd ask the clerk tonight, Brian Cook, to please make a motion.

uh thank you madam chair before i do uh if you all allow me i'll read text for the findings uh so don't you don't have to incorporate it fully into the motion we can just refer refer to the findings yeah um special permit findings are first 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 Summer Vision 2040, including invest 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 and then second 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 so those are the findings as established in the materials we have i don't know if anybody has anything they'd like to add to those findings

JoAnne Hanrahan, Anybody on the board raise your hand no that's fine Mr cook.

All right, very good. Thank you, Madam Chair. I move 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 we discussed and the conditions as enumerated in the staff memo dated May 28, 2025, including the specific conditions regarding mobility and zoning compliance.

JoAnne Hanrahan, Do I hear a second. JoAnne Hanrahan, Second seconded by and bulletin all in favor. JoAnne Hanrahan, Of 54 elm street zp 250050 please say yay or nay as we go around. JoAnne Hanrahan, CC a daglian. JoAnne Hanrahan, yay. JoAnne Hanrahan, zack zaremba. JoAnne Hanrahan, and fullerton yay. Brian Cook.

Yay.

Susan Fontano. Yay. Let the record show all five members of the board voted the affirmative. It's unanimous. Congratulations, folks. Have fun and enjoy.

Thank you, Madam Chair. Thank you, members of the board. Have a good evening.

Thank you. Thank you. Okay. Next on the agenda is 54 Albion Street.

Yes, Madam Chair. Opening 54 Albion Street. Yes. ZP 25-000026. Susan and Taryn Lane seek relief from SCO section 3.1.7.B regarding the minimum sum of side setbacks, which requires a hardship variance.

Thank you, Mr. Cook. Good evening. Welcome. Are the lanes here? Susan?

Madam Chair, this is Kit. I believe I have promoted both the applicant and the architect for the project. I would just ask that the applicant let me know if there's anyone else that needs to be promoted.

Thank you.

Hello, can you hear us now?

Yes, we can. Do you identify yourself, please, for us?

I'm Susan Lane. This is my wife, Heather Lane. Tara.

Welcome. So who's going to speak tonight?

And we have our architect, Terry Schwartzel, on the line. Hello. Hope that Terry will speak first.

Sure.

Has she been promoted?

Yes. So, okay, I do see not yet. No, I see your name, but I don't see your face.

And I'm sure this is Kit. Terry should have the ability to speak and share screen if needed.

Great. Okay. Can you hear and see me now? Yes. Great. So, I can share my screen if you like. Yes. And put the drawings on the... I'm not entirely sure how to do that, but... Well, it's in the Zoom. Oh, what do I need to click on to share my screen?

At the bottom in the middle, there's a green arrow that says share.

It's going to get one. Kit, could you please help share? OK, great.

Yeah, I was just gonna say there is a green button that says share. Oh, we've got it. Perfect.

So can you can you see that?

We can see it.

Yes. Okay, great. So we are making a small addition here. And it will include on the first floor a half bath and it's really the expansion of a family bath here so at present it it includes this area and it's a very small cramped bathroom so What the clients would like to do is extend it three feet, three and a half feet outwards and to include laundry facilities, a full tub with shower, and then obviously a toilet and sink. And so what happens on the first floor is there's this space here, which they'd like to put in a half bath. to serve guests who come and visit on the first floor so they don't have to go up to the second floor. So this is the proposal. And as far as I understand, sorry. So it's basically adding two floors with a foundation. not a full basement, but a crawl space. And so here is here is the elevation from the street. This is the addition. And here is the elevation from the neighbor side to the east, I think. And it only goes up the two stories with the basement the crawl space foundation um so we're looking for relief because it seems to with the when you add the uh two JoAnne Hanrahan- When you add the setbacks because this is this was a building that was built way before there were setbacks it is oddly situated such that the this. JoAnne Hanrahan- This corner is very close to the property line. JoAnne Hanrahan- causing this to be so, so when you add the two, I think it. It comes out to just over the 12 feet that's allotted. When we add this in.

I believe we came up with it six inches over there.

Yes, six inches. It goes over the allotted setbacks by six inches.

uh is there any questions um no not your shot here so that's it um yeah i have a question before i open it to the public what am i looking at on one of your slides that shows the front of the house it shows the uh addition to the left yeah keep going yes Right there.

The front view.

Right. It shows the addition on the side, right? But what's going on then? Is there something going on in the attic? You're making the attic bigger?

No. This is all existing. This is all existing. What we will be doing is rebuilding this front porch.

Okay.

But in the same footprint.

Okay. I just got confused with the drawing there on that slide. The slide you're showing me now?

Yes. I'm sorry, I didn't hear what you said before that.

On this slide you're showing now, could you bring it down a little bit so we can see the tip of the roof? Come down, come down. What's this drawing, this square over it?

This area? Yeah.

this is the roof if you can see it if we look at the side this is this roof oh okay all right thank you yes that's the attic i apologize but i just was confused i like to have this no no no it's it's very confusing all right good so um is there anybody here From the public that would like to check in and have some questions or comments.

Madam chair, this is kit. I do not see anyone with their hand raised.

Yeah, I actually have my hand raised. I think I'm doing this on my phone, so I'm not sure if. if you can hear me or not. Absolutely, yes. Okay, my name's Judy Partington. 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. So I just wanted to mention that I'm here in support as a neighbor. and what was your address again please i'm at 56 albion so on i'm on the other side from where the addition would be put on right you're on the narrow side again uh yes good all right i'm on the narrow side okay and uh we do have a neighbor who said she was writing in in support i don't have a have received email on that

Kit, did we get some correspondence maybe after the date?

Madam Chair, yes, we have gotten one after the deadline, which I can read into the record if the board pleases. I'd like that. Certainly. The email comes from Judy Partington, 56 Albion Street, Somerville, Mass., And it reads, Hello, I am writing this letter in support of the zoning variance request for permit number ZP25-000026, a home located at 54 Albion Street. I live next door at 56 Albion Street and have been neighbors with the Taryn and Susan for many years now. I am fully supportive of the bathroom addition project they're hoping to complete.

thank you did that's who just spoke a moment ago um okay and that's it and there's nobody else um would susan lane or you really don't have to say anything your your person here represented you very well um there's no comments so i'm going to close the public portion open it up to the board and uh we can get our does anybody on the board have questions on these uh Karen Hollweg, renditions are drawings. Karen Hollweg, Yes, Brian cook, please.

Brian Cook, Thank you, Madam chair through you, this is actually a question stuff I think it's kit who's the planner for this.

yeah.

Brian Cook, Do we know why the ordinance sets the number for the sum of side setbacks that it has in the nr district.

um I do not know the specific reason why it is set at um I believe 12 feet um combined I do not combine 12 feet I'm not sure what the um exact purpose of the sum of side setbacks is but I would assume it's to uh ensure a little bit of space on either side right of course for a new construction correct um that is complete new construction

um the reason i ask is that because we don't really have Larry Paxton, Access to the records of the zoning ordinance for. Larry Paxton, Requirements like this it's hard to know. Larry Paxton, How to apply it to a situation in which we have a six inch. Larry Paxton, violation of the sum of side sex setbacks. Larry Paxton, um. This is the reason I'm raising all this is because it's a source of frustration for me with regard to hardship variances, because the statutory requirements for hardship variants are pretty strict. We have to make findings on the special circumstances on the literal enforcement and its financial other hardships in any detriment that it might cause. And there's no The discretion falls on us to decide whether we can grant relief for something that seems to me like it ought to be easily accepted without having applicants to go through the various hoops for the hardship variance. That's neither here nor there. Brian G McAdoo, wanted to state my position. Brian G McAdoo, I believe, with some stretching and pushing of the hardship variance criteria, we could recognize that the six inches is acceptable, but perhaps other members of the board have a different view on things, thank you, Madam chair.

Marguerite McLaughlin, Thank you Brian. JoAnne Hanrahan, And I have a little comment about that because i've thought it myself, I feel that the why we're here the zoning board of appeals is to. JoAnne Hanrahan, iron out some of these issues, sometimes when they're not meeting code in there, whether it be a special permit or whatever it is, and on page three of our report. JoAnne Hanrahan, The second paragraph, it says the Massachusetts courts have stated that various. Marguerite McLaughlin, variances will naturally deviate from the intent and purpose of the zoning ordinance and that's why we're here we're here to make sense, sometimes out of something that. Marguerite McLaughlin, it's you know some things are like blatant in our face and others are. Marguerite McLaughlin, Six inches so I get your point, and you know, sometimes when they're setting up these new ordinances and rules and regulations of any kind. I guess you had to be there at the time to see what was happening and always, you know, in hindsight or six months later, you know, it just seems like it was just so obvious to do something else. So thank you for the comment. Is there anybody else? I will have our screen back if we could please from Terry.

Yeah, I will stop sharing my screen.

Thank you, hon. Thank you. So as I'm looking at everybody here, is there anybody else that has a comment about this project, that it's a hardship variance? Do we have to talk about the criteria of the hardship variance?

I can offer draft language, Madam Chair, if you would like.

I, yes, unless somebody else wants to raise their hand. So I did close the portion. Yes, kid.

I just want to say that we we probably can get the information of why it is 12 feet from our director, Dan Bartman, if needed. But I do know that it is the 12 feet is meant to apply to both new and existing constructions while we recognize there will be existing non-conformities with that requirement.

Sure. Okay, Brian, with that? Yes. Okay. Thank you, Kit. So regarding the criteria for How did you variance? Brian, you were saying?

Okay, let me try these and see what people think. With regard to 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. for the literal enforcement criterion. Literal enforcement would cause financial other hardships by prohibiting additions with bathrooms to meet required clearances of 30 inches clear. And with regard to the question of detriment to the 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.

Great. Thank you. Does anybody want to add any language to these comments, the criteria? I think you covered it very well. Thank you, Brian. Okay, so without, if nobody else is, if there's nobody else has anything to say, I'd ask the clerk to please make a motion for approval, I guess, on the hardship variance.

Dave Kuntz, Yes, Madam chair. Dave Kuntz, I moved to a true the 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 2020 25.

Karen Hollweg, Do I hear a second. JoAnne Hanrahan, Second seconded by CC a deadly and all in favor as we go around, please say yay. JoAnne Hanrahan, CC a deadly and yay. JoAnne Hanrahan, Zach zaremba. JoAnne Hanrahan, And fullerton yay. JoAnne Hanrahan, Brian cook. JoAnne Hanrahan, yay and Susan fontana yay let the record show the hatchet parents is approved five voting Members unanimously, thank you, good luck, everybody. Thank you.

Thank you very much.

Right. Thank you. Okay. Next we have 230 Elm Street.

Hello.

Are we ready? Are we ready? While they're getting their stuff together, Mr. Cook, would you open the case, please?

Dave Kuntz, Yes, Madam chair opening to 30 m street zp 25 dash 0000 to seven. Dave Kuntz, classic signs incorporated seeks to have an illuminated sign more than 10 feet from the principal entrance of a new commercial business in the mid rise for Mr for district, which requires a hardship very.

Marguerite McLaughlin, Thank you very much.

Hello.

Hello.

How's it going?

Very good. To whom are we speaking?

This is Justin Parker from Classic Signs. Do you need my address? We're based out of New Hampshire.

What's the full address, sir, for the record?

13 Columbia Drive, Unit 16, Amherst, New Hampshire.

Beautiful. Thank you. So tell us what you plan on doing.

All right. Do you mind if I share my screen?

No, please do.

All right. All right, so we are proposing to install a blade sign that projects out from the street about 20 and 3 quarter inches from the sidewalk. The code mandates that all signs, all these type of blade signs be less than 10 feet from the principal entrance. As we can see here, we are coming very close to that. This lot is on the corner. And at the elevation that our customer would like to put it on, the sign would not be able to be installed because there's windows all within 10 feet of the principal entrance here. And since this is a corner lot, we do have this nice corner that we can install the sign on. And there's a little bit of confusion as to where the principal entrance starts. as this is a double door um i couldn't find it stated in the code where that is but uh from this corner here and uh this projection here um going straight out from that it's about 10 foot two i think from the corner to the edge here is according to my survey about 134 inches um the door is 76 wide And there's a little alcove in here, which may or may not be added in the calculation. But we're proposing to install this to get increased visibility from pedestrians. I know this is a very heavily foot trafficked area, this being Davis Square, one of the main squares in Somerville. This particular Goodwill location has been here for over 30 years. It's been here for a long, long time. And compared to...

Take your time.

And we see here that there is a few other signs that have been installed, blade type signs. There's no real convention to where exactly they're put. See, this one's in this sign band. Let's see. um and then this one is above um clearly above whatever that sign ban would be on the other one um so we don't think that this being in this location would be very disruptive to the overall look of the whole uh street there is this uh so this what's happening to the front now this the picture you're showing us now there's the sign goodwill with the logo is that staying um so the uh the exists well uh so we have installed this sign um which is uh we took down the old sign and then um this is how it exists right now right and what happens when you put up the blade sign is this staying yes okay and what are the dimensions on this sign the largest

the largest point, be it the G or the logo, how big are those?

One second. Let me find the previous things here. The largest G is... The G is one foot seven and a half, and the square here is two foot three, the logo.

And when was that installed?

This was installed, let's see, February 26th.

Okay. 2025?

Yep.

Okay. All right. I'd like to see if you would, Ms. Lawson, if there's anybody from the public that has comments regarding this request.

Madam Chair, this is Kit. I'm going to ask that Emily please share the timer. Thank you. And we have one person with their hand up at the moment. Thank you. Okay. I'm going to allow Joe Kay to speak.

uh joe kislow 8 herbert street i'm about a block away from 230 elm um i think i would actually disagree that signs projecting out over the walkway don't impact uh the field of square certainly at night um i think this the signs that you guys showed um i think actually are reasonable and however there are some signs on elm street which are far too bright. So I think you're suffering from coming after some of the four actors, specifically the chase sign. That blue neon sign, you can see more than a block and a half away and lights up the entire square at night. 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 Justin Delacruz, makes a big difference, I think the scorching blue light that comes from the chase sign is probably an example of something that does not work and is unnecessary. Justin Delacruz, I don't think most of the other signs that that criteria that really detracts from the evening visibility in the square. Justin Delacruz, So I don't know for factoring in brightness, but I do think that is a concern for the neighborhood.

JoAnne Hanrahan, I have a question Joe when you say the chase, are you talking about the sign that's up there already.

JoAnne Hanrahan, The blue there's a sign yeah there's a blue sign in in on Elm street for a chase ATM.

JoAnne Hanrahan, Oh Okay, oh I get you oh I get.

JoAnne Hanrahan, No, no.

JoAnne Hanrahan, No, no it's good. JoAnne Hanrahan, yeah yeah.

JoAnne Hanrahan, yeah I just realized that's all their logo is also blue the logo their current science fun.

JoAnne Hanrahan, All right, thank you, thanks for coming out. Anybody else from the public right now?

Madam Chair, this is Kit. I do not see anyone else with their hand up.

Okay, let's give it a couple of minutes while we open it up to the board for their questions and comments. So does anybody on the board have any comments or questions? I can't see everybody, so...

I have a question.

Yes, Zach, please. Zach Zaremba.

Thank you. This is more for the board and this might be hard to comment on, When I'm thinking about that area and the other projecting signs that some of these businesses have, like Chase, it looks like, for example, Chase's is probably further than the 10 feet from the main entrance, whereas businesses like The Goods and Boston Halal, it's probably complying because it's closer to the door. I'm just trying to understand a little bit about maintaining some consensus consistency and fairness to the businesses around here who do have a right to do the best they can advertise their business but also um keep things consistent and not give one an advantage over the other so do you guys remember anything from any of the past cases as to why we allow some of this and others we didn't I don't know off the top of my head um and also don't we have a committee that approves the signage

I'm asking staff, as this goes forward, like we just approved Elm Street, they're going to have signage on the windows and on the awning. Who judges that? Who takes a second look at that to make sure everything's kosher?

um madam chair this is kit uh emily correct me if i'm wrong but i believe that they then submit a permit um to inspectional services madam chair this is emily hutchings i do see we have lexi pain on oh sorry can you hear me now yes okay i'm sorry um so identify yourself lexi for the record please

Lexy Payne, the PPZ case planner. So if this application would be approved for their hardship variance, then they would apply for a permit through ISD for them to review, Inspectional Services Department. And the relief provided would only be what is in the staff report that I sent you guys. And they would have that relief granted by the ZBA and then all other things outlined in the ordinance they would have to comply to. Like we do have lighting that they have to abide by, lighting standards to prevent light pollution. I'm not sure how ISD enforces that exactly. That would be a question for them about if they go out and do inspections regarding that. But I would assume that they check during the plans the level of brightness. Thank you.

That was Zach.

Yes, thank you. I appreciate that. I guess looking at this for me, I don't see, I don't view it as really a detriment to put the sign there, but at the same time, You know, kind of to Brian's point to the last case about setting these precedents for hardship. I'm not very convinced by the argument that the other frontage of the store and the windows are making it so that's unique that they need to put that sign at the end. You know, if anything, you're on the corner a lot, so you actually have a little bit more of a view for people to see it. I'm undecided at this point. I'm curious to hear what the board has to say.

Okay, thank you. Anybody else? CCR? Brian, Ann, do you have a comment? I can't see you, so just speak up.

Okay. This is Brian. Thank you, Madam Chair.

Yes, Brian Cook, please.

I agree with Zach. I'm a little more conflicted about this one. The placement of the sign is partly the merchant's preference about where they want to position it in terms of the height. Certainly to raise it just slightly could go on the facade rather than interfering with the windows. I'm not sure that that difference in height would make that much difference for visibility for foot traffic, which seems to be the primary concern for placing the blade sign. And I take seriously the point in the staff memo that if we start granting hardship variances on these small variations in signage what's the what is the sign ordinance for um we want some consistency as zach says many of these signs may be non-conforming previously installed signs i don't know if the city goes goes around and tries to get them to change to conform um i mean it is partly a reflection of Well, it's not so new of an ordinance anymore, but still it's only four years old. So I am, like Zach, uncertain about this. I think the owner could make an adjustment and make it a conforming sign and everybody would be happy and don't need a hardship variance then.

Thank you, Brian. Brian Cook. Anybody else speak up? Cece or Ann, are you all set?

Ann Fullerton, Madam Chair, this is Ann Fullerton. Ann Fullerton, My thoughts are aligned a bit with Zach and Brian in that I think that everybody should every storefront should have the opportunity to have a face mounted and blade sign, but I, I think that the blade sign could be accomplished in the signage band similar to where the blade sign is. Karen Hollweg, Is for security dama. Karen Hollweg, it's up in the signage band, I think that specific issue with the goodwill store that we're looking at is they have a double wide frontage that a lot of the other storefronts don't have, which is you know, made their. the metrics of where their front door is a little bit more complicated. But that said, I do think that the blade sign is accomplishable without a hardship variance up in the signage band if they really want one.

Thank you. And Cecilia, do you have a comment or not?

My thinking is in line aligned with Karen Hollweg, The other Members that i've spoken already.

Karen Hollweg, Thank you. Karen Hollweg, I have a comment, the sign that's existing there now that was put up in February is illuminated as well in the evening. Karen Hollweg, yep okay and you're looking for this blade sign on the side they'll be illuminated as well. Karen Hollweg, Yes, okay. Karen Hollweg, um I think. Karen Hollweg, i'm not in favor of this. i believe that sometimes you get a good idea to do something and it keeps growing and growing and growing and then you have all this signage all over the place that you can't they're out doing one another and as joe k said you know we want a certain amount of illumination at night especially davis square know you got a good crowd going through it's a little later square than maybe uh other squares in the city like a teal square or you know what a ball square but um i think after a while it's like sign pollution like noise pollution the lighting's not there there are some residents still around in the neighborhood they might want to look out a window they might live upstairs over a business um um and i think if you folks thought you were going to come forward with this sign, this blade sign, after coming forward with the goodwill, investing all that time and money, I think it's too much signage. I'm not in favor of it. And that's how I'd be voting. Does anybody else have any other comments? And again, we must reiterate the severity of a hardship variance Sometimes we've come along now with some of the new ordinances and it was under the old and what's the new and all that jazz and we've been a little bit, we tweak it a little bit when we feel we can and we feel it is a hardship for the family or the business owner or what have you. But I mean, let's face it, everyone knows Goodwill. They've been there 34 years. they've got a beautiful corner with a beautiful signage on the top the sign is beautiful did a wonderful job the coloring everything looks very very nice if this was down further in the center and not on the corner so much that might be a consideration but right now i think it's very attractive it's very professional looking and it makes the store inviting so uh without further ado does anybody else have any comments they want to add is everybody ready to vote tonight yes um Brian if you'd like to make the motion um uh would you like to phrase it as approve or disapprove well I'd do it as approved I would do it as approved And we can vote accordingly because somebody might say yay or nay. You know what I'm saying? So I think we have to do it as approved.

May I also ask, Madam Chair, that for our records that the board's discussion was not able to establish findings that meet the hardship variance criteria.

Right.

OK.

Yes. And also, I hope staff keeps me honest here i did close the public portion of the meeting did i and is there anybody else is that it madam chair this is kit um i don't believe you had closed the public portion um but i do not see anyone else with their hand raised all right thank you for that so at this uh juncture we will close the public portion and go to the acting clerk tonight mr cook to make a motion thank you madam chair i move 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 for MR4 district with the criteria findings as discussed and conditions as listed in the staff memo dated May 28, 2025.

May I have a second, please? Second. And full of 10 seconds. All in favor? um as the motion is all in favor of approving the hardship variance for 230 elm street they are zach zaremba nay cecilia deglian nay ann fullerton nay brian cook nay and susan fontano nay JoAnne Hanrahan, Like the record show it was unanimous all board members voted to deny the request for the hardship variance of 230 elm street. JoAnne Hanrahan, Mr Parker i'm very, very sorry, but. JoAnne Hanrahan, What you have there is beautiful and I think it's very rich and sophisticated looking, so thank you for coming out tonight and maybe we'll see you again in the future for another project all right good night.

Mark Warren, Thank you very much.

JoAnne Hanrahan, Thank you good night. JoAnne Hanrahan, Now we have other business we're going to discuss the clerk's responsibilities again. JoAnne Hanrahan, For all of you that have not been in tune at certain times I fell out of the loop. JoAnne Hanrahan, Until we get some replacements here. JoAnne Hanrahan, we're asking for volunteers. JoAnne Hanrahan, I think brian's done a great job. Covering and in and said in the future, she will be happy to volunteer some night. And I think CCR and zap you're more than qualified. So maybe at some point, unless somebody else has another suggestion, even including staff. All you folks that are still out there, Lexi, Emily. Whomever is out there kit. If you have any comments to help us with this, we'll take them. JoAnne Hanrahan, But does everybody feel comfortable as we go forward to volunteer a night every so often. JoAnne Hanrahan, Is that a thumbs up from everybody.

JoAnne Hanrahan, Absolutely.

JoAnne Hanrahan, All right, and. JoAnne Hanrahan, Now you can get ahold of me, or you can get ahold of kit layers on and she'll double check the schedules, because some of you would already put requests in for family. work vacation commitments we understand emergencies come up every so often but um if you have something or you know you might have a night you want to do it call up you can call us both you can email us both right kid is that the best way to go

yeah yeah i would just say if um anyone has any um conflicts just to let us know or if anyone wants um some opportunities we can send around some cheat sheets or we can do additional training with anyone who needs it or would want a refresher of any sort that sounds great to me does anybody have any comment yes ian fullerton i just want to say that um especially for the other

Debra Kustic- board members that Brian has set the gold standard, he is far and above prepared in a way that that typically in the past, the clerk has not been so not to say that. Debra Kustic- Not to say that that's Okay, but when if you've been. Debra Kustic- Part of a meeting word say I have filled in as Clark it's not nearly as beautiful and smooth as brian's performance. but it doesn't mean that the job doesn't get done, right?

Right. Yeah, you have done a good job, Ryan. We're selfish.

I know, it's a little intimidating coming after you.

If I may say, it's just taking stuff from the staff memo and the materials that are submitted and using past templates from previous um you know meetings and motions that were presented both when Catherine was doing it uh and then the uh cheat sheets that were circulated at one point or another before I don't know if it was Charlotte or Emily that circulated them but um it's just really it's just pulling material from that and trying to organize it the way we normally would and since we do hardship variances so often those are the hardest because you've got to develop the criteria and but the material is mostly there thanks to the great work of the staff and the staff memos um so yeah I mean there was no magic to it I just you know uh uh imitation is the greatest form of flattery and so I'm flattering the staff because I was imitating what they did um and and previous clerks so um and I'm happy to you know give you some help or coaching if you want but really you don't really need any coaching just stick it on a piece of paper and be ready

Can we keep you on our rotation?

Oh, yeah. Yeah, absolutely. I'm not trying to get out of the job.

All right. I'd just like to add something. You tickled my fancy with this tonight. Not to say it hasn't always been, but the staff reports the last two, three, four weeks have been really thorough. And I like... They're more, they've added more to it. And we like that. It gives us more to work with when we're reading it. You folks are the planners. You folks sit with the applicants, you know, inspectional services, the director or whatever. So we'll take any information you can give us. And when I see a staff report, four or five, six pages, I love it because I just feel it's more knowledge for us. And... you know, I've told Brian, you know, on an email back and forth that he really has done an outstanding job. And I thank him for giving up his time and effort when we really needed it. We were very selfless. Thank you. And is there anybody has any, so that's it. Is there anybody else has any comments as we go forward? I want you to know me sitting back as the chair, you're all starting to speak up and get more involved and I appreciate it. because it's very hard for an applicant to come forward and hear our yay or nay, and they really didn't hear us talking about it. And I think it's good that we all participate in the conversation and how we come to our conclusion. So thank you for stepping up. You guys have been doing much, speaking up more and I like it. So anybody, yes, Brian, do you, yeah, Zach, hello.

Hi, just a quick question for the Planning Board. Is there any movement with a new member joining? Is anybody in the works? Anything happening?

Emily? This is Kit. We are moving a couple candidates forward, but we don't have an exact timeline as of right now.

the issue um is that they advertise for it people apply for it but it has to go through a couple of committees um and what have you it's the red tape but it's good to have then you get more you'll get some good quality people as we go forward to match all the quality people we have here and uh but that's part of it zach you know it's got to go through you know you guys did it right you know you know what it's like anybody else who's doing the next meeting there goes brian yep who wants this who wants to do that meeting i'm not available for the next meeting but i can do the july meeting okay you'll do july mid-july is only one that's ann fullerton see sierra zack who wants to do the next meeting

I won't be here at the next meeting, so by process of elimination.

I guess I'll do it. Hey, thanks for volunteering, Cecilia. All right, we'll talk to you, hon, about that.

I hope it's a short meeting.

Thank you so much. Kit, any parting words for us?

No, I don't think so, but Cecilia, we can work with you to get you the cheat sheets, and I do believe there's only... Ann Fletcher- A couple things on the agenda so.

Ann Fletcher- it's not seeing that there's only going to be we're not really going to have a quorum that's going to be one for there'll be four people.

Ann Fletcher- Right okay yeah all right. Ann Fletcher- So heads up everybody you know i'll tell him and brockleman to so i'll know to do our best get out of our deathbeds to come to the meeting. Ann Fletcher- And did you have your hand up and bulletin. Ann Fletcher- No, no okay great alright so again, thank you to the staff. um lexi emily christian kit um and for everybody else thank you lexi there she is there she is and uh we'll see you all on the 18th is it june 18th am i right yes i don't have my cheat sheet in front of me right now all right so we'll see you all on the 18th thank you bye-bye everybody oh thank you JoAnne Hanrahan, Thank you oh Emily you thought you were going to come up and say that to me didn't yeah Brian beach I saw that um so without further ado, may I have a motion to adjourn, please.

John Potter, I moved to adjourn the June for 2025 meeting of the somerville zoning board of appeals.

JoAnne Hanrahan, Second, please seconded by and bulletin, it is 719. JoAnne Hanrahan, All in favor, as we go around, please say aye. JoAnne Hanrahan, Brian cook. JoAnne Hanrahan, I and fullerton. JoAnne Hanrahan, I CC a deadly and. JoAnne Hanrahan, I zaps remember. JoAnne Hanrahan, And Susan fontana I let the record show all five Members voted the infirm affirmative Thank you everybody take care of a good night. JoAnne Hanrahan, Good night.