Meeting Minutes: Somerville Zoning Board of Appeals
Meeting Type: Regular Meeting Governing Body: Somerville Zoning Board of Appeals Meeting Date: October 1st, 2025, 6:01 PM Attendees:
- Susan Fontano, Chair
- Anne Brockleman, Vice Chair
- Brian Cook, Acting Clerk
- Ann Fullerton
- Zachary Zaremba
- Sisia Daglian
- Kit Luster, Planning, Preservation and Zoning Staff
- Steve Carey, Planning, Preservation and Zoning Staff
Executive Summary: The Somerville Zoning Board of Appeals convened to address a hardship variance request for the property at 872 Broadway (ZP25-000064 and ZP25-000065). The applicant sought relief from zoning ordinances regarding the placement of mechanical equipment in the frontage area and ground story primary facade fenestration requirements. The variances were necessitated by unforeseen issues with Eversource regarding transformer availability and placement, leading to a revised building design that deviated from initial approvals. After extensive discussion, including testimony from the applicant, their architect, an Eversource consultant, and public comment, the Board voted unanimously to approve both hardship variances, acknowledging the financial and logistical challenges faced by the applicant.
I. Public Hearings
A. 872 Broadway (ZP25-000064 & ZP25-000065)
Applicant: Anne Vigorito, Attorney for the applicant; Philip Sima, Architect; Elon, Developer. Case Description: Hardship variances requested for: * ZP25-000064: Relief from Somerville Zoning Ordinance Section 2.4.3.D.5 to allow mechanical equipment (transformer) in the frontage area of a lot. * ZP25-000065: Relief from ground story primary facade fenestration requirement, Somerville Zoning Ordinance Section 4.1.8.D, for a general building in the Mid-Rise 3 (MR3) zoning district.
Discussion Points:
- Project History:
- In November 2021, the Planning Board granted a special permit and site plan approval for a three-story, 12-unit net-zero-ready building, with 20% (2.4 units) designated as affordable.
- The original design placed the transformer in the rear of the property, potentially sharing an easement with an abutter.
- Negotiations with the abutter for an access easement failed.
- A subsequent plan involved a manhole transformer in the front, flush with grade, which was approved by Eversource.
- Due to COVID-19 and supply chain issues, Eversource could not provide the manhole transformer within a reasonable timeframe (estimated 1-3 years).
- The project was nearing completion, necessitating an alternative solution.
- Eversource mandated a pad-mounted transformer in the same front location.
- Pad-mounted transformers require a 5-foot clearance with a three-hour rated non-combustible construction and no fenestration within this area.
- This requirement led to the removal of windows and a "notch" in the building's facade, impacting the ground floor fenestration and upper-floor balconies.
- The developer stated the changes were expensive, costing approximately $84,000 for the transformer and an additional $100,000 for the structural modifications.
- Eversource Perspective:
- Ernie Dolan, an energy consultant and former Eversource employee, confirmed severe equipment shortages, particularly for the 167s transformers needed for underground vaults.
- He stated that Eversource would have held the project "hostage" for over a year due to unavailability.
- Mr. Dolan clarified that sharing the existing abutter's transformer was not feasible as it lacked sufficient power for the new building.
- He noted that Eversource has since made agreements with South Korea for faulted transformers, potentially alleviating future supply issues for in-ground units.
- Zoning Compliance Concerns:
- Ann Fullerton expressed concern about the precedent of transformers appearing in the frontage area after construction, emphasizing that Board approvals should not be assumed as acquiescence to non-compliance.
- Brian Cook highlighted that zoning clearly prohibits mechanical equipment in the frontage and questioned why zoning considerations seemed to be a lower priority than developer and utility requirements. He requested specific language for Criterion 1 of the hardship variance.
- Steve Carey (PPZ Staff) confirmed that screening of mechanical equipment visible from the right-of-way is a zoning requirement. He also stated that, procedurally, applicants should seek zoning relief as soon as non-compliance is identified, not after construction.
- Zachary Zaremba indicated he would vote to approve, citing the hardship and the project's benefits (housing, green building) outweighing the zoning detriment, especially given the inability to secure alternative transformer locations.
- Sisia Daglian supported the hardship variance, acknowledging the unpleasant situation but noting that all avenues for a better outcome were pursued.
- Additional Issues (Not directly part of the variance request but discussed):
- Encroachment Issue: The building's left side is 2 inches over the neighbor's property line. The applicant stated they are negotiating with the neighbor to purchase the land or will remove cladding and shave down the building (estimated cost $25,000). This issue is expected to be resolved within six months.
- Balconies Over Public Way: Balconies overhang the public way, requiring a license from the City Council (similar to an awning license).
- Basement Configuration: The basement differs from Planning Board-approved plans, requiring a plan revision with the Planning Board.
- PPZ Staff Recommendation: Steve Carey recommended continuing the vote until the encroachment issue is fully resolved to ensure no further relief is needed.
- Public Comment:
- Daniel Dingen (882 Broadway): Residing next door to 872 Broadway, Mr. Dingen expressed concern about the encroachment and stated that 872 Broadway had previously used his property (driveway) without permission during construction, causing damage. He confirmed prior communication with the developer and ISD regarding these issues. The applicant, Elon, denied encroaching on Mr. Dingen's property and stated that their lawyers had confirmed this.
Board Deliberation:
- The Board discussed the implications of denying the variance, noting that the temporary Certificate of Occupancy (CFO) could be revoked, potentially displacing residents and leading to an abandoned building due to the high cost and difficulty of relocating the transformer.
- Brian Cook proposed language for Criterion 1 of the hardship variance: "The shape of the lot made alternative decisions for the location of the transformer require negotiations with abutters that were unsuccessful. And because of imperatives from the utility company with respect to the availability of equipment, the applicant was forced to locate it in violation of the placement of a zoning ordinance provision regarding mechanical equipment."
- The Board agreed that a financial hardship would be imposed if relief was not granted.
- Despite initial consideration of a continuance, the Board decided to vote on the variances tonight.
Motions and Votes:
Motion for ZP25-000064 (Mechanical Equipment in Frontage Area):
- Motion: Brian Cook moved to approve the hardship variance for relief from Somerville Zoning Ordinance Section 2.4.3.D.5 to allow mechanical equipment in the frontage area of a lot, incorporating the findings on the required criteria as discussed and the conditions as enumerated in the PPZ staff memo dated August 15, 2025.
- Second: Zachary Zaremba
- Vote:
- Sisia Daglian: Aye
- Zachary Zaremba: Aye
- Anne Brockleman: Aye
- Ann Fullerton: Aye
- Susan Fontano: Aye
- Outcome: Motion carried unanimously (5-0).
Motion for ZP25-000065 (Ground Story Primary Facade Fenestration Requirement):
- Motion: Brian Cook moved to approve the hardship variance for relief from the ground story primary facade fenestration requirement, Somerville Zoning Ordinance Section 4.1.8.D, for a general building in the Mid-Rise 3 (MR3) zoning district, incorporating the findings on the required criteria as discussed and the conditions as enumerated in the PPZ staff memo dated August 15, 2025.
- Second: Sisia Daglian
- Vote:
- Anne Brockleman: Aye
- Ann Fullerton: Aye
- Zachary Zaremba: Aye
- Sisia Daglian: Aye
- Susan Fontano: Aye
- Outcome: Motion carried unanimously (5-0).
II. Adjournment
- Motion: Ann Fullerton moved to adjourn the meeting.
- Second: Anne Brockleman
- Vote:
- Ann Fullerton: Aye
- Sisia Daglian: Aye
- Brian Cook: Aye
- Zachary Zaremba: Aye
- Anne Brockleman: Aye
- Susan Fontano: Aye
- Outcome: Motion carried unanimously (6-0).
The meeting was adjourned at 7:30 PM.