By Max Eidelman

In a recent interview, Tom Champion, former Director of Communications for the City of Somerville, and Jim Kaplan, owner of the Knights of Malta Hall in Gilman Square, elaborated upon Malta Realty Trust’s recently filed lawsuit against the city and others.

While a press release has been prepared, both Champion and Kaplan were able to contextualize what has ultimately led to the formal complaint. The issue stems from Kaplan’s claim that the city’s recent “spot zoning” allows for development of buildings that will, among other effects, obstruct the light that flows through the Malta Building, thus detracting from the building’s value.

Kaplan said that he supports developing the area for the Green Line Extension. He thinks, though, that there are ways to proceed that do not so negatively impact the Malta Building.

Constructed at the end of the 19th century, the Malta Building has obvious historic value that merits preservation. The building has aesthetic value as well that relies upon the light that can filter through the building’s large windows and high ceilings. Current tenants of the Malta Building spoke in support of the value of this light, which you can read more about in the press release.

What specifically threatens this lighting is the potential construction of six-story buildings surrounding the Malta Building. Kaplan explained that in June 2020, he had negotiated a potential arrangement with the developer that allowed for a six-story building, provided there were appropriate setbacks and stepbacks. However, this agreement eventually became unnecessary when a citizen’s petition was approved by the City Council this fall. This allows for the lots in question, which were previously zoned to permit four-story buildings, to now permit six-story buildings, without any setbacks or stepbacks. Herein lies the threat to the Malta Building’s lighting, which may adduce Jim’s claim that this is spot zoning.

In the interview, Kaplan said on multiple occasions that he does not feel there is any ill-will between the parties involved, but that it seems as if the strategy is to develop as quickly as possible in advance of the Green Line.

Champion and Kaplan drew attention to a publicly available document from 2014, Gilman Square Station Area Plan, to highlight the city’s previous pledge to preserve the Malta Building in the midst of development for the Green Line Extension. Quotes from the Area Plan are featured in the press release as well.

The Plan provides some history of Gilman Square and the Malta Building in particular, explaining that “By 1900, Gilman was well established as a handsome public green framed by multiple four-story commercial buildings around the intersection of Medford Street and Pearl Street. Several of these buildings remain to this day: The Knights of Malta Hall, the Litchfield Block, and a Telephone Switching building that is now Mad Oyster Studios.”

The Plan also features potential development ideas, one of which provides that, “If the Marshall-Pearl-Medford intersection and Gilman Square are redeveloped according to this plan, the ABJ Auto Repair site would be slightly reshaped, creating the opportunity for a small protected plaza on the north side of Medford St., framed by the Knights of Malta Hall and a new four-story, mixed-use building on site.” Both of these excerpts depict an area that houses four-story buildings as opposed to six-story buildings.

In reiterating his support for developing Gilman Square, albeit without detriment to his building, Kaplan spoke about the potential implementation of an overlay district. He referred to a memorandum prepared on his behalf by attorney Adam Dash and submitted to the City Council in September, which sets forth that, “[Kaplan] is not opposed to development in Gilman Square, and is not even opposed to the abutting properties to 343 Medford being increased to six stories in height, provided that the light and view of this existing historic building are preserved.”

The memo suggests that an overlay district might allow for Gilman Square to be developed, “holistically,” with changes that can be “drafted by the Planning Department, rather than piecemeal through a citizen’s petition. This will yield a better-looking neighborhood which is laid out according to sound urban planning practices, as opposed to the blunt instrument of simply changing some parcels in Gilman Square to MR6 with little consideration for the impact on the environment, parking, existing buildings, jobs, and the rest of the Square.”

The issue seems to involve many technicalities, but in a broader sense this appears to be an issue of cooperative development. Kaplan made clear his impression that there is no ill will or malicious intent, and he spoke highly of the developer. A formal suit has been filed, though, which of course portends the process of litigation.

As the Green Line Extension progresses, more development will proceed as well, and it remains to be seen if similar disagreements occur between the city, developers, and current residents.

In light of the complaint, the city understandably is limited in its capacity to comment on the matter. There is a preliminary hearing scheduled for the end of month, at which time the city may perhaps be able disclose more fully its position.

Below is the press release mentioned:

OWNER OF 1902 GILMAN SQUARE BUILDING SUES CITY, DEVELOPERS FOR ILLEGAL “SPOT ZONING”

Lawsuit Targets October Vote by City Council Giving Developers Unrestricted Right to Build 6-Story Structures on Both Sides of Historic 4-Story “Piano Building”

Malta Realty Trust, LLC, the owner of the Knights of Malta Hall at 343 Medford Street in Gilman Square announced today that it filed a complaint in Massachusetts Land Court on December 11, 2020 against the City of Somerville, the City’s Director of Inspectional Services and three other named defendants. Malta Realty’s suit alleges that the City has engaged in spot zoning in violation of state law. Also known locally as the Piano Building, the Malta Building is a landmark in Gilman Square, and a connection to the square’s, and the city’s, commercial history. The four-story building offers large windows and high ceilings that support a variety of artisanal and creative community tenants, including East Cambridge Piano, the Boston Billiard Emporium, architectural offices and an aerial photography and video production company.

A 2014 City planning report entitled “Gilman Square Station Area Plan,” had stated that, in any future development of the square, “buildings like the Knights of Malta Hall…will be preserved and celebrated.” But on October 8^th, the Somerville City Council voted to approve a citizen petition requesting an increase in the size of new buildings allowed on two specific lots in Gilman Square, while leaving similar commercial lots in the district unchanged. The two lots are on either side of the Knights of Malta Hall, at 346 Medford Street and 255 Pearl Street.    

“State law is pretty clear on this topic,” said Jim Kaplan, manager and owner of Malta Realty Trust. “Cities can’t tinker with their zoning codes to provide financial benefits to favored property owners and developers to the detriment of their neighbors. In this case, the Council decided that owners and developers of the lots on both sides of our building – and only those developers – should have the right to build six-story structures that will cut off the light, air and views of the tenants of our iconic building. No other commercial lots in Gilman Square have been zoned to permit such large structures. So, instead of treating similar properties in a similar way – which is what the state says municipal zoning codes should always do – the City has decided to pick winners and losers in Gilman Square,” Kaplan said.

“I understand that the new Green Line station opens up all sorts of transit-oriented development opportunities on the square,” said Kaplan. “That’s a good thing. There should definitely be greater density, and maybe even some six-story buildings. But there are ways to do that are not detrimental to existing buildings, without boxing in and shadowing the creative economy tenants in one of the square’s few remaining architectural gems.”

In Union Square, where the City faces a similar, transit-related development challenge, the solution has been to impose a special “overlay” district. In a 2018 report describing the Union Square Overlay District, City planning officials said its purpose is “to permit flexibility . . . for development that maintains consistency with the neighborhood scale standards” and “To permit the development in accordance with the provisions of the MR4, MR5, CC, and HR districts following the approval of a Coordinated Development Plan Special Permit.”

“An overlay district allows for creative development solutions that are designed to benefit all of the stakeholders,” said Kaplan. “Before the Council decided to engage in spot zoning, we had actually worked out an agreement with the would-be developer of the 345 Medford Street site that would protect the Malta Building with appropriate setbacks and height restrictions. But once the Council took up the resident petition, the developer abandoned our agreement. I guess they felt they no longer needed to work with us because they could now build a larger structure as of right to the detriment of our tenants, ignoring the importance of celebrating our building’s ties to the history of Gilman Square.”     

Instead of adopting an overlay district for Gilman Square, the City Council and Planning Board approved an amended version of a petition from The Gilman Square Neighborhood Association that changed the zoning designation of the two properties on either side of the Malta Building from MR4 to MR6. “One of the ways you can tell this is clearly spot zoning is that the Council amended the resident petition to make it even more targeted and narrow,” said Kaplan. “They took out other lots originally included in the petition and focused in on the two lots on both sides of the Malta Building.”

The lawsuit names not only the City and its Director of the Inspectional Services Department, but also the owners of the two properties, PCJ Auto Service, Inc. (345 Medford Street) and BG Properties, LLC (255 Pearl Street). Also named as a defendant is 345 Medford Street, LLC, an entity created last year by developer Elan Sassoon to acquire the rights to purchase the lot at 345 Medford Street currently occupied by the Good Gas service station.

In addition to challenging the October spot zoning vote, the Land Court complaint cites the City’s 2019 decision to place the Malta Building in a one parcel “Fabrication (FAB) Commercial District” even though the Malta Building is not currently used in accordance with the uses that are permitted in a FAB zoning district. In the words of complaint, the FAB designation was designed “to discourage the owner from tearing down the building or redeveloping it for some other purpose.” The Malta Building, along with a number of other isolated buildings across the city, were zoned as FAB.

The complaint notes, “This is not a proper purpose of zoning and causes significant harm by diminishing the value and utility of Plaintiffs property and existing building, while having no impact on the surrounding properties.”

“I certainly don’t want to tear down the Malta Building, and I’ve been trying to live within the constraints of the FAB designation, even though it’s obviously unfair,” Kaplan said. But the addition of this latest spot zoning action calls the entire process into question. The City needs to work with all stakeholders, not just their chosen favorites. And the City needs to live up to its commitment to preserve and celebrate historic buildings like this one.”

One of the Malta Building’s long-term tenants is East Cambridge Piano. Founded in 1978 by Somerville native James Nicoloro, the retail, repair and restoration business moved into the Malta Building over 25 years ago. “This has been a great location for us; when people visit us for the first time, they always talk about what a beautiful building this is,” said Nicoloro. “We know change is coming to Gilman Square and there’s nothing wrong with that. But we also think there should be a place here for established businesses that benefit from the kind of space we’re in. The light and air we have now is part of the value of this building. The goal should be development that doesn’t hurt that value for the successful businesses that are already here.”   

Another creative-economy tenant of the Malta Building is Above Summit, LLC, a production company specializing in drone aerial cinematography and promotional videos. “We’ve been here for ten years now,” said company co-founder and director Jovan Tanasijevic. “The high ceilings, the huge side windows, the natural light and the historic nature of the building are what attracted us in the first place. We’re on the second floor; to be bookended by taller buildings on both sides, without appropriate setbacks, would put us in a canyon. We do photographic work on site. Putting our workspaces in shadow all day would be disastrous for us – and for all our fellow tenants. Surely there’s a way to achieve greater density and more intense development in Gilman Square without harming a building that gives the neighborhood so much character and historic continuity.” 

The Land Court has scheduled a preliminary hearing on the complaint for January 27^th.