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Meeting Minutes: Somerville Zoning Board of Appeals

Meeting Date: Wednesday, August 20, 2025 Governing Body: Somerville Zoning Board of Appeals Type of Meeting: Regular Meeting Attendees: * Board Members: Susan Fontano (Chair), Brian Cook (Acting Clerk), Ann Fullerton, Zach Zaremba, Sisia Daglian * Staff: Kit Luster, Madison Anthony, Christian Had to Know

Executive Summary: The Somerville Zoning Board of Appeals approved the minutes from two previous meetings. The Board then reviewed the Draw 7 Park project, which involves significant park improvements, flood mitigation, and shoreline restoration, and provided the required Chapter 91 planning signature. A request for continuance was granted for the 872 Broadway case to the September 17, 2025 meeting. The 8 Melvin Street case, concerning dormer modifications and associated zoning violations, was also continued to September 17, 2025, with the Board requesting further documentation and potential design adjustments from the applicant to address hardship variance criteria.

General Business

Approval of Minutes

• Motion: Brian Cook moved to approve the minutes for the July 16, 2025, and August 6, 2025 Zoning Board of Appeals meetings as presented.
• Second: Sisia Daglian
• Vote:
  • Sisia Daglian: Aye
  • Ann Fullerton: Aye
  • Zach Zaremba: Aye
  • Brian Cook: Aye
  • Susan Fontano: Aye
• Outcome: The motion carried unanimously (5-0).

Draw 7 Park Signature

• Presenter: Devin Herrick, Wetland Scientist with Weston and Sampson
• Project Description: The Draw 7 Park project, located adjacent to Assembly Row and the Amelia Earhart Dam, aims to improve site amenities, utilities, and pedestrian connectivity. Key features include:
  • Development of a natural berm for flood barrier.
  • Creation of a living shoreline to mitigate riverbank erosion.
  • Increased community access, connecting to the Mystic River Reservation Greenway.
  • Beach cleanup and nourishment with approximately 397 cubic yards of matching grain size material, applied in a thin layer (maximum 3 inches deep) to smooth the area and improve accessibility.
  • Updated site amenities include open lawn spaces, flexible seating, accessible pathways, shade structures, and improved parking facilities.
  • The existing fishing pier will remain and be improved.
• Environmental Context: The site is at the confluence of tidal (downstream of the dam) and non-tidal (upstream) resources.
• Permitting: The project requires a Chapter 91 (Public Waterfront Act) permit, which necessitates both a planning signature and a zoning signature.
• Public Comment Summary:
  • JoAnne Hanrahan: Inquired about the project timeline.
    • Response (Devin Herrick): Construction has begun and is expected to wrap up within the year.
  • Sisia Daglian: Asked for clarification on the oval areas and amenities.
    • Response (Devin Herrick): Described a newly configured parking area, wide accessible pathways, seating with a shade structure, pathways along the water, improved access to the fishing pier, a large circular lawn space, and naturalized plantings.
• Board Discussion:
  • Ann Fullerton expressed appreciation for preserving a natural site and addressing deterioration.
  • The Board's signature is required for the Chapter 91 approval process.
• Motion: Brian Cook moved to approve a signature from the Somerville Zoning Board of Appeals for Chapter 91 approval for Draw 7 Park improvements to facilitate the Department of Conservation and Recreation permitting process with the Department of Environmental Protection.
• Second: Zach Zaremba
• Vote:
  • Sisia Daglian: Aye
  • Ann Fullerton: Aye
  • Zach Zaremba: Aye
  • Brian Cook: Aye
  • Susan Fontano: Aye
• Outcome: The motion carried unanimously (5-0).

Public Hearings

872 Broadway (ZP25-000064 & ZP25-000065)

• Case Numbers:
  • ZP25-000064: 872 Broadway LLC seeks relief from SCO Section 2.4.0.3.D.5 to allow mechanical equipment in the frontage area of a lot, requiring a hardship variance.
  • ZP25-000065: Brian G McAdoo, 872 Broadway LLC seeks relief from SCO Section 4.1.7.D ground story primary facade fenestration requirement for a general building in the Mid-Rise Three Zoning District, requiring a hardship variance.
• Motion: Brian Cook moved to approve the request for a continuance to the September 17, 2025 Zoning Board of Appeals meeting for 872 Broadway.
• Second: Zach Zaremba
• Vote:
  • Ann Fullerton: Aye
  • Zach Zaremba: Aye
  • Sisia Daglian: Aye
  • Brian Cook: Aye
  • Susan Fontano: Aye
• Outcome: The motion carried unanimously (5-0). The case is continued to September 17, 2025.

8 Melvin Street (Continued from July 16, 2025)

• Applicant/Architect: Rob Passione (Architect), [Homeowner Name Not Explicitly Stated, but referred to as "gentleman here last time"]
• Original Proposal: A 16-foot wide dormer at the third-floor kitchen area, resulting in three zoning code violations.
• Revised Proposal:
  • Shift the dormer wall by 35 inches, reducing the dormer width from 16 feet to 13 feet 1 inch.
  • The original approved drawings had the dormer at 11 feet 7 inches, making the revised proposal 1 foot 6 inches wider than originally approved.
  • The applicant believes the revised dormer now meets the requirement that the dormer ridge does not go over 50% of the total dormer ridge length.
  • Remaining violations: Dormer separation (increased from 1 foot 11 inches to 4 feet 10 inches) and window ratio with solid wall being over 36 inches.
• Public Comment Summary:
  • [Speaker Name Not Explicitly Stated, but referred to as "Mr. Porter"]: Questioned how the project meets the first condition for a hardship variance, given the staff report's analysis.
    • Response (Karen Hollweg, Planner): Stated that there is nothing about the site that gives it special circumstances to qualify for a hardship variance.
• Board Discussion:
  • Ann Fullerton: Acknowledged the substantial change in the revised proposal, removing one hardship request. However, she continued to struggle with the first hardship criteria but noted the Board's past willingness to work with residents making changes.
  • Zach Zaremba: Agreed with Ann Fullerton, noting significant changes and the applicant's good faith efforts.
  • Susan Fontano (Chair): Emphasized the need for applicants to understand zoning requirements upfront to avoid such situations, stating the Board's desire to approve projects but also to ensure fairness to those who follow rules.
  • Sisia Daglian: Expressed concern about the "unbalanced windows" and suggested eliminating the left-hand window to make the window dimension conforming. Questioned why the dormer couldn't be slimmed further, noting it is 1 foot 6 inches wider than originally approved. Suggested that if the applicant is already doing extensive work, making the windows conforming is not unreasonable.
  • Brian Cook: Struggled with applying hardship variance criteria one and two, as the situation arises from design decisions rather than inherent structural issues. He noted the applicant's claim that the steep roof slope necessitated the dormer for a market-rate kitchen, but questioned if this constitutes a structural hardship or a design problem.
  • Applicant/Architect Response:
    • The homeowner stated that construction occurred during COVID, making oversight difficult, and admitted to being a "novice." He emphasized efforts to comply, reducing the variance sought and removing one hardship. He highlighted financial hardship due to inability to sell units.
    • Rob Passione explained that the dormer size was initially designed to accommodate a "market rate kitchen" and address headroom issues, which they considered a "hardship justification."
  • Ann Fullerton: Requested pictures of the existing kitchen, specifically the refrigerator wall, to explore alternative layouts that might allow for a smaller dormer. She suggested eliminating cabinetry on the refrigerator wall and potentially tucking the refrigerator into the eave.
  • Zach Zaremba: Requested clearer justification from the applicant/architect regarding why the first hardship condition (unique lot/building conditions) should be satisfied, including external and internal pictures.
  • Brian Cook: Reiterated that while unusual structural features can be considered for criterion one, the current rationale (difficulty building a market-rate kitchen within zoning) is problematic as it stems from design choices, not inherent structural flaws.
  • Susan Fontano (Chair): Suggested the applicant provide pictures of the outside and inside to demonstrate how internal modifications could align with external zoning requirements.
  • [Homeowner Name Not Explicitly Stated]: Requested a Certificate of Occupancy for Unit 2 to allow its sale while the dormer issue is resolved.
    • Response (Kit Luster): Confirmed that the Zoning Board does not have authority over Certificates of Occupancy; this falls under Inspectional Services.
• Continuance Discussion: The Board indicated that without further adjustments and justification, the application would likely not receive the necessary four votes for approval. They offered a continuance to allow the applicant to revise the proposal and provide more documentation.
• Submission Deadline: For the September 17, 2025 meeting, materials should be submitted by noon on September 10, 2025. Madison Anthony (planner) will work with the applicant on guidance, but cannot perform compliance checks.
• Motion: Brian Cook moved to approve the request for a continuance to the September 17, 2025 Zoning Board of Appeals meeting in the matter of 8-8A Melvin Street.
• Second: Ann Fullerton
• Vote:
  • Ann Fullerton: Aye
  • Brian Cook: Aye
  • Sisia Daglian: Aye
  • Zach Zaremba: Aye
  • Susan Fontano: Aye
• Outcome: The motion carried unanimously (5-0). The case is continued to September 17, 2025.

Adjournment

• Motion: Dave Kuntz moved to adjourn the August 20, 2025 meeting of the Somerville Zoning Board of Appeals.
• Second: Ann Fullerton
• Vote:
  • Zach Zaremba: Aye
  • Sisia Daglian: Aye
  • Ann Fullerton: Aye
  • Brian Cook: Aye
  • Susan Fontano: Aye
• Outcome: The motion carried unanimously (5-0). The meeting adjourned.