Zoning amendments proposed by Attorney William A. White, Jr., address affordability and transparency concerns regarding backyard cottages and backyard lot splits.

By The Times Staff

Attorney William A. White, Jr., who served 24 years on the Somerville City Council, has formally proposed four zoning text amendments to the Somerville Zoning Ordinance (SZO) to address concerns of affordability and transparency regarding backyard cottages and backyard lot splits.

A public hearing was held on Thursday, April 16, at a joint Land Use Committee meeting with the Planning Board, for the public to hear expert testimony and gauge community sentiment about these proposed zoning text amendments that the applicant, Mr. White, would like city officials to enforce.

Proponents of these proposed zoning text amendments believe that without the updates, this continues to give incentives for developers to replace existing housing with super-dense condominiums. They feel the overdevelopment of luxury condos is promoting a tear-down culture that harms middle-income people trying to buy homes, and displaces tenants when homes are demolished.

Mr. White filed four proposed zoning amendments back on March 4, stating in the letter that he has seen a “trend” developing in Somerville’s residential neighborhoods because of city government policies that developed during the prior administration. Based on his experience as a Somerville real estate attorney, Mr. White is of the opinion that these policies are reducing the supply of rental housing and removing two and three-family houses from the market because developers are buying these properties instead.

Basically, city policy now allows developers to purchase lots as small as 6,200 sq. ft., split them in half, and then build a three-story luxury condominium building and a 1,500 sq. ft. backyard cottage on each half of the lot. Because of the huge profit opportunity, these developers are outbidding folks who would buy the house to live in and rent the additional units.

Also, when the developers knock down the existing homes, they reduce the availability of rental property. City affordability requirements were removed so that a developer can build 8 luxury condominium units, displace existing rental properties, and not provide any affordable housing. White raised the concern that if this trend continues unchecked, all of the lots in our residential district will end up being bought by developers, with a drastic reduction in rental properties and two and three-family homes owned by residents.

Mr. White explained that these impacts were especially made clear to him when he undertook the representation of former Alderman and State Representative Denise Provost before the ZBA when a lot was split next door to her. He believes that these city development policies violate state law and Somerville’s own zoning ordinance, so he is representing Denise Provost in a lawsuit before the Land Court challenging these policies. He explained that because the building permit was already approved with regard to the lot next to Denise, these zoning amendments would have no effect on her case. He stated that he is not representing Denise or being paid by her in any way for the zoning amendments. He explained that he has filed them because he wanted to alert our current city government and the public as to the policies that he believes violate zoning laws and ordinances in the hopes that they are implemented to put an end to the current practice.

Mr. White’s first proposed zoning text amendment creates transparency and opportunity for public comment on lot splits. Lots are “split” when the city approves a request to divide them into two or more smaller lots. This stratagem is used to increase the total number of units built – the maximum number of units, multiplied by the number of new lots.

Under controlling law, the city’s Zoning Board of Appeals (ZBA) is supposed to decide on lot split requests. Normal ZBA processes would put these requests on a meeting agenda, with notice to abutters, and an opportunity to be heard at the meeting – basic elements of due process. The ZBA could then amend the developer’s plan after learning of its impact on the neighborhood.

In current city practice, a lot split is deemed a minor plan change. They are decided privately by planning staff. The public does not know when a lot split application is filed or granted. Mr. White’s third amendment simply removes the language that gives planning staff blanket authority to decide lot splits on their own, in private, without public knowledge or input.

After discussing lot splits, White then discussed backyard cottages. White asked the question whether backyard cottages should be 1500 square foot luxury condominiums with 3 bedrooms and a finished basement located 3 feet from abutters’ lot lines as the city currently allows. White stated that this current city policy violates local zoning and submitted two proposed amendments that would establish ways to make backyard cottages more affordable.

Homeowners sometimes create small units, as housing for a family member. These are referred to as a ‘granny flat’ or ‘in-law apartment.’ They can also be rental units. Mr. White’s second amendment makes it clear that backyard cottages are accessory structures and therefore must be rental units. This amendment would assure that a backyard cottage be subordinate to and in the same ownership as the principal

Currently, Somerville allows these accessory units to be sold off separately. Somerville allows developers to build highly lucrative backyard cottages as large condominium units, typically behind 3-unit buildings. These are sold separately, as freestanding, market-rate, single-family homes – which are also condos. This practice gives developers the opportunity to build ‘bonus’ fourth units on each lot – a huge financial incentive to outbid middle-income home buyers in Somerville.

The third proposed zoning text amendment would limit the size of a backyard cottage to no more than 900 square feet in size. The planning staff currently allows zoning for up to 1,500 sq. ft. White said that this 900 sq. ft. is the same square footage used in the State model ordinance and is more appropriate for a building located as close as 3 feet from neighboring lot lines and for the construction of affordable rentals for a family.

The fourth proposed zoning text amendment would restore affordability requirements for lot splits in the Neighborhood Residence (NR) district.

In recent years, the city has eliminated the 20% affordability requirement in residential neighborhoods. Under current zoning, a developer need not provide a single affordable unit when building 8 luxury condominium units on a lot as small as 6500 sq. ft.

White’s last amendment would require that developers provide one or more affordable units whenever a residential lot is split into two or more smaller lots. If the total number of units constructed adds up to 5 or more units, 20% of those units must be affordable. White added that in the event the city did limit backyard cottages to rental units, then it might not be appropriate to require affordable units, as the profit potential is much less than that for luxury condominiums.

With regard to the four proposed zoning text amendments, written comments must be submitted by noon on May 15. The email address for public comments on the zoning amendments is publiccomments@somervillema.gov