davis_square | Willow Avenue Condominium Project (Reply)

tt02144 keeps trying to post this without a cut and with all sorts of wacky formatting. Doing the favor of a repost that remains within the guidelines:

For all those interested in this, and other development projects, the following is a notice of an important public hearing to take place next week. It explains much about the history of the property at 131 - 135 Willow, and the development project proposed there:

PUBLIC HEARING
Somerville Zoning Board of Appeals (ZBA)

Wednesday March 5, 2008
6:00 PM
Somerville City Hall - 93 Highland Avenue
2nd Floor Aldermen's Chamber

Pertaining to the
131 - 135 WILLOW AVENUE CONDOMINIUM PROJECT
(New "Davis Square Condominimums" Building adjacent to community bike path, at corner of Willow Avenue and Morrison Avenue across from the Y-Not Variety Store)

The owner/developer, 131 Willow Avenue LLC, seeks to revise the Special Permit
to allow for the continued existence of the porch roof, dormers and windows as they have been constructed.

NOTE: The roof over the porches (decks) on the Morrison Avenue side of the building
has been constructed in violation of the terms of the legal Settlement Agreement on this project
that was made part of the Special Permit granted in 2004. The owner/developer is now seeking the City's approval to retroactively legalize this construction.

Friends and Neighbors:
In the period 2003 - 2007, you participated in the public review of the 131 - 135 Willow Avenue development project. As most of you are aware, the Somerville Zoning Board of Appeals (ZBA) approved the project in 2004 with the granting of a Special Permit as well as a number of zoning variances. Subsequently, several abutting property owners filed a lawsuit in Superior Court against the developer and the City of Somerville. In late 2004, the parties settled the lawsuit by entering into a Settlement Agreement containing a number of conditions with which the developer agreed to comply. In December 2004, the Somerville ZBA amended the Special Permit by attaching the Settlement Agreement thereto.

However, as you are undoubtedly aware, the new development was constructed inconsistent with certain terms of the 2004 Settlement Agreement and the final Special Permit The exact arrangement of certain dormers, doors and windows has changed slightly, but these changes are minor. Much more importantly is the fact that the building's roof has been constructed to extend over the porches (decks) on the Morrison Avenue side of the building. This is at odds with the terms of the Settlement Agreement and final Special Permit, which reflected an agreement that the third floor deck be left uncovered in an attempt to reduce the massing of the northeast corner of the building and as a way of breaking up the enormously long east elevation of the building. Therefore, the owner/developer must go back before the Somerville ZBA to seek approval to revise the Special Permit so as to essentially legalize the construction that is inconsistent with the Settlement Agreement.

We need as many people as possible to attend the Somerville ZBA public hearing on Wednesday, March 5, 2008 at 6:00 PM in the Aldermen's Chambers on the 2nd Floor of City Hall. Although it is probably unlikely that the City will require outright demolition and re-construction of the part of the building that violates the Settlement Agreement, having a lot of people voice strong concern at the public hearing about this violation may well provide leverage to require the developer to address other matters. This ZBA meeting may also provide the opportunity to raise other appropriate concerns about the project (e.g., many folks are concerned about the lack of landscaping on the site and apparent lack of commitment to restore the plantings that had existed on the adjacent community bike path).

The ZBA probably will not act on the developer's request right away, especially if there is sufficient public attendance at the March 5th hearing. The City may in fact require the developer to hold a neighborhood meeting to provide a means for neighbors to ask more questions and give more input. Presumably the ZBA would accept further public testimony/input after the March 5th hearing and not act on the application for at least 2 - 4 weeks after that.

PLEASE plan to attend the March 5th public hearing! Watch for another e-mail early next week that will provide more information prior to the public hearing.