Executive Summary
The Somerville Zoning Board of Appeals met on May 20, 2026, to address several administrative items and public hearings. Key actions included the unanimous approval of past meeting minutes and the continuance of a hearing regarding 92R Orchard Street. The Board deliberated on a variance request for a heat pump installation at 29A Windsor Road and heard a complex administrative appeal concerning building permits at 24 Berkeley Street. Both cases were continued to allow for additional documentation and legal clarification regarding the classification of accessory buildings versus structures.
Meeting Overview
- Governing Body: Somerville Zoning Board of Appeals
- Meeting Date: May 20, 2026
- Meeting Type: Remote Participation (Pursuant to Chapter 2 of the Acts of 2025)
- Attendees:
- Susan Fontano, Chair
- Anne Brockelman, Vice Chair
- Zachary Zaremba, Acting Clerk
- Ann Fullerton, Member
- Olivia Mobayed, Member
- Sisia Daglian, Alternate
- Staff Present: Katherine "Kit" Garavaglia (Zoning Board Coordinator), Madison Anthony (Planner), Lexi (Planner).
Approval of Minutes
- Action: Approval of meeting minutes from April 1, 2026, and April 15, 2026.
- Motion: Zachary Zaremba.
- Second: Anne Brockelman.
- Vote Outcome: Unanimously approved (5-0).
- Roll Call Vote: Olivia Mobayed (Yay), Sisia Daglian (Yay), Ann Fullerton (Yay), Anne Brockelman (Yes), Zachary Zaremba (Yes), Susan Fontano (Yes).
Public Hearings - Continuances
- Case: 92R Orchard Street (ZP24000078, ZP25-000041, ZP25-000042).
- Action: Motion to continue the hearing to June 17, 2026.
- Motion: Zachary Zaremba.
- Second: Sisia Daglian.
- Vote Outcome: Unanimously approved (5-0).
- Roll Call Vote: Ann Fullerton (Yay), Sisia Daglian (Yay), Anne Brockelman (Yay), Zachary Zaremba (Yay), Olivia Mobayed (Yay), Susan Fontano (Yay).
29A Windsor Road (Case ZP260000007)
- Applicant: Sasha Krushnik and Claire Grace.
- Request: Relief from side setback requirements to install a heat pump approximately 9 inches from the property line, where 2 feet is required.
- Key Discussion Points:
- Sasha Krushnik noted that the proposed location is the only practical spot due to manufacturer line length limits and efficiency concerns. "The efficiency of the unit declines as the distance between the indoor and outdoor unit [increases]."
- Zachary Zaremba expressed concerns regarding noise and vibration for the abutter. "I just don't want this to become where whoever's living there is going to suddenly have to hear and feel the wishing the heat pump vibrations."
- Anne Brockelman and Olivia Mobayed requested photo documentation of existing conditions and units on the lot.
- Board Requirements for Continuance:
- Photo documentation of existing conditions.
- A signed letter of support from the abutter (Rita).
- Written agreement from other condo owners in the building.
- Action: Motion to continue to June 3, 2026.
- Motion: Susan Fontano.
- Second: Anne Brockelman.
- Vote Outcome: Unanimously approved (5-0).
- Roll Call Vote: Olivia Mobayed (Yes), Sisia Daglian (Yes), Zachary Zaremba (Yes), Anne Brockelman (Yes), Susan Fontano (Yes).
24 Berkeley Street (Case ZP26-00000037)
- Applicant: Thomas Higdon (Administrative Appeal).
- Property Owners: Paul and Gina Fombell.
- Request: Administrative appeal of the building official's issuance of building permits B25-001643 and B25-001644 for a backyard cottage.
- Key Discussion Points:
- Appellant Argument: Thomas Higdon argued that his existing barn (built circa 1900) should be classified as an "accessory building" (backyard cottage type) rather than an "accessory structure" (outbuilding) because its height (approx. 17 feet) exceeds the 12-foot limit for outbuildings. He stated: "The zoning ordinance unambiguously requires a 10-foot building separation distance from buildings on abutting lots."
- Owner Response: Paul Fombell noted they were not properly notified of the appeal until recently and requested a continuance to consult legal counsel. Gina Fombell clarified that the foundation was certified and inspected by the city.
- Legal Precedent: Higdon cited a 2023 case at 21 Francesca Avenue where the Board reclassified a carriage house as a backyard cottage. "The character of the building more closely resembling an accessory building... The building emissions are more appropriate to an accessory building."
- Deadline: Olivia Mobayed noted the 100-day statutory deadline for a decision on administrative appeals.
- Action: Motion to continue to June 17, 2026.
- Motion: Zachary Zaremba.
- Second: Sisia Daglian.
- Vote Outcome: Unanimously approved (5-0).
- Roll Call Vote: Olivia Mobayed (Yes), Anne Brockelman (Yes), Zachary Zaremba (Yes), Sisia Daglian (Yes), Susan Fontano (Yes).
Other Business
- Staff Introduction: Kelly O'Loughlin was introduced as the newest PPZ Planner.
- Board Training: Zachary Zaremba suggested the Board receive training or materials regarding Accessory Dwelling Units (ADUs) and backyard cottages, noting that legislative changes may increase the frequency of these cases.
- Upcoming Absences: Sisia Daglian will be absent for June meetings; Katherine Garavaglia will be absent on June 17.
Adjournment
- Motion: Susan Fontano.
- Second: Anne Brockelman.
- Vote Outcome: Unanimously approved (5-0).
- Meeting Adjourned: Approximately 8:00 PM.