The building permit for the property on 130 Walnut St. is being upheld “by-right” by the ZBA.

By Henry Lin-David

On June 6, the Zoning Board of Appeals (ZBA) voted unanimously to uphold the “by-right” building permit for the property on 130 Walnut St. The case was brought in front of the ZBA after an appeal by Justin Rank during the winter.

The ZBA’s decision marks the end of a yearlong dispute between the neighborhood and the developers. This past summer, Garrett Realty LLC, the owner of the lot, had applied for a special permit, and was met with neighborhood opposition. Garrett Realty then proposed a new set of construction plans, with the intention of securing a by-right permit. The plans were approved by the Inspectional Services Department in February, and appealed by Rank in March.

“When someone goes for a by-right project, it meets all of the requirements [of the Somerville Zoning Ordinance],” says City Planner Sarah White, who reviewed the special permit application, as well as the by-right appeal. She adds that as long as the plans comply with the SZO, “the city has no influence on what that project looks like.”

Rank had contended that the new plans required a special permit rather than a by-right permit. In his appeal, he mentions potential violations regarding the new roofline and also the basement height.

After reviewing Rank’s claims, the Planning Staff ultimately recommended that the by-right permit be upheld. “This was a measure of whether [the building] meets the Zoning Ordinance or not,” reiterates George Proakis, the Planning Director. Proakis says that even though some of the residents disapprove of the building, it’s important that the Planning Staff adhere to the letter of the law without taking local opinion into consideration.

“We have a very consistent interpretation of the law,” says White. During the case, a question arose about the Planning Staff’s allowance for developers to artificially raise the grade of the land in order to meet height requirements. At the request of the ZBA, the Planning Staff presented two other cases where similar procedures were permitted. “That doesn’t mean the people of the neighborhood always like our interpretation, but we’re consistent,” White said.

Although this particular case has closed, the debate has indicated a need for legislative change for some. Rank intends to advocate for changes to the Historic District Ordinance, which he studied closely during his appeal. He looks to increase protection for historically significant sites in Somerville.

Meanwhile, Proakis sees problems with the SZO in its current state. “The Zoning Ordinance doesn’t handle situations like this very well right now,” Proakis says. He hopes that the proposed Somerville Zoning Overhaul, if passed by the Board of Alderman, will clarify some of the ambiguities in the current code.