A controversial construction project at 130 Walnut St. in Somerville has many residents crying foul as the perception grows that the Zoning Board of Appeals is showing favoritism towards developers involved in the project.

By Henry Lin-David

A Zoning Board of Appeals (ZBA) meeting is being held to discuss the the ongoing construction on 130 Walnut Street. Opponents say that the ZBA’s decision regarding the property indicates favoritism for developers over the community.

During the fall, the owner of the property, Garrett Realty LLC, applied for a special building permit for construction plans. Following neighborhood backlash, Garrett Realty withdrew that application, but submitted a new set of plans in the winter in an attempt to eliminate the need for a special permit. The “by-right” proposal was approved by the ZBA in late February.

However, an appeal against the project was filed in the winter by Justin Rank, a resident of Walnut Street, along with a petition signed by thirty-eight neighbors. Rank says that the ZBA has displayed undue amount of leniency towards the developers and argues that the plans include several major renovations that qualify as “substantial demolition” under the Demolition Review Ordinance, and therefore warrant a review by the Historic Preservation Commission. In particular, he points to the new roofline resulting from the construction.

Additionally, Rank contends that the building exceeds the three-story limit due to the height of the basement ceiling. In order for a basement not to be counted as a story, it must extend over the finished grade of the land by no more than five feet. The structure already includes three floors in addition to the basement, and an additional story would render the plans illegal.

Other concerns mentioned by Rank regarding the building’s overall height have been addressed by the developers in revised plans. Meanwhile, the ZBA has also issued multiple reports asserting the legitimacy of the construction. Some passages have proven problematic for critics of the project. For example, the ZBA declares that “it is allowable for a project proponent to bring in fill, construct a small, raised garden bed or similar… in order to achieve the proper calculation of average finished grade,” a technique that is not mentioned in the Somerville Zoning Ordinance. The consequence of this statement, Rank says, is that “builders could effectively go as high as they want” by constructing garden beds along a structure’s perimeter.

Several Aldermen have voiced their opposition to the project including Aldermen At-Large William A. White Jr. and Wilfred Mbah, who emphasizes that the ruling on planter beds would affect much more than just 130 Walnut Street: “Before you know it, all the other developers follow the same path.”

The case has illustrated a disconnect between developers and local residents, in the eyes of some. But what sorts of steps need to be taken in order to prevent disputes like this in the future, and what role should the ZBA play? Justin Rank isn’t sure. “I don’t know what the perfect solution is,” Rank says, “But I think there needs to be more required meetings with the community.” Mbah echoes his sentiment. “I want community development,” he says. “[Developers] should really involve the neighborhood as much as possible.”

The next scheduled ZBA meeting will be held at the VNA on Wednesday, June 6, at 6:00 p.m.