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davis_squareSomerville Scout's article on the Dilboy VFW controversy, featured in the current March/April issue, is now online:
Carrying the Flag
Carrying the Flag
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no subject
Date: 2012-03-09 10:03 pm (UTC)The only thing that hints at where this REALLY started is one tiny blurb:
his would bring the project away from its original footprint in the neighborhood, which had been re-zoned by the Board of Aldermen in an attempt to block the development.
no subject
Date: 2012-03-09 10:58 pm (UTC)no subject
Date: 2012-03-09 11:26 pm (UTC)I'm pointing out that the intransigence/NIMBY-ism of the neighbors has been there from the beginning as well as their willingness to play dirty pool
no subject
Date: 2012-03-09 11:30 pm (UTC)no subject
Date: 2012-03-09 11:40 pm (UTC)no subject
Date: 2012-03-09 11:45 pm (UTC)no subject
Date: 2012-03-10 04:48 am (UTC)The whole original issue over the vent site - after tyhe developer got initial approval for it, based on CBD zoning, the neighbors appealed, and used the time in appeal to get the zone changed.
You already KNOW this, Ron, so it seems that you think what they did (zone change in the middle of the process) was on the up and up.
no subject
Date: 2012-03-10 12:12 pm (UTC)no subject
Date: 2012-03-10 01:10 pm (UTC)no subject
Date: 2012-03-11 03:07 am (UTC)Given this context, having a group of neighbors saying that, no, a 29 Unit Condo does not belong on a small residential street does not read to me as "dirty pool." They went through the appropriate processes that already exist for the very purpose of allowing neighborhoods to ask that old zoning be changed to conform to contemporary usage.
If a group of citizens lobby to amend to constitution to block an action, and that amendment goes through all the correct channels, then they are not playing dirty pool.
I think it's a damn shame that these unscrupulous contractors are using Veterans to get what they want. They had zero interest in the Dilboy until they figured they could manipulate public opinion through utilizing patriotism. To even make the claim that if you're flying an American Flag, that mean you're supporting a Condo Development is deeply, deeply offensive to anyone who feels patriotic, *and* does not favor massive commercial over-development ruining the fabric of American Neighborhoods.
no subject
Date: 2012-03-11 03:38 am (UTC)no subject
Date: 2012-03-12 03:06 am (UTC)no subject
Date: 2012-03-12 12:42 pm (UTC)Yes.
After the initial approval.
Seems to me like an ex post facto change, because they didn't like the ruling.
So, if it looks like Arista is gaming the system, to you, it looks to me like he's gaming a system which was already rigged against him, after he won approval the first time.
no subject
Date: 2012-03-11 04:09 am (UTC)no subject
Date: 2012-03-12 02:21 am (UTC)no subject
Date: 2012-03-09 11:27 pm (UTC)The plans had more than enough parking for all the residents and I think even mentioned leasing some spaces to the city. I'd rather have more people live in the area who can spend money keeping local businesses open then build offices for banks and insurance companies.
The VFW was a great asset to the community and I think its important to get them a new building.
no subject
Date: 2012-03-10 12:15 am (UTC)FWIW, I really hope that the VFW gets a new post building, but one not built by Arista. That is something I would even contribute to. The condo complex had its initial approval pushed through without much in the way of community discussion. The local neighbors are well within their rights and interests to oppose it.
no subject
Date: 2012-03-10 12:23 am (UTC)no subject
Date: 2012-03-15 05:49 pm (UTC)He did not respond to any of my e-mails asking whether he wanted it posted, so I'm going to assume that he does.ETA: He just replied to me, says it's fine to post here.----------------------
(I read DSLJ, but I don't *do* LJ. IIRC, I don't have a good option to post this otherwise.)
Unfortunately, some of your neighbors don't agree, as they are harassing the VFW with complaints to city or state agencies.
I'm one of the neighbors involved. I do not know if the neighbors *actually* had anything to do with the reporting of the VFW or not. I have not heard that it actually came from the neighbors, but I have more often heard that it's been a routine action that is being blamed on the neighbors. My understanding has been that when permits get applied for, transferred, or renewed, it's not uncommon to go back and look at the history to make sure everything is in order. Clearly in the case of the VFW, that wasn't the case, and as time has gone on, they kept finding other things where the VFW wasn't in order.
Overall, it's incredibly disheartening at how much the neighbors have been demonized in this. I was at several of the zoning board meetings, including the big one on December 7th. Not a single neighbor had anything bad to say about the VFW, and several of us were *very* clear that we like having the veterans in the neighborhood. Our complaints have *always* been about the condo complex (which, I seem to recall, started out as 48 units, and has been gradually reduced down to 29 units) and the developer (who appears to have a very questionable track record, and doesn't seem to come well recommended).
That the VFW was dragged into this is a sad and unfortunate matter. It's been presented as "the final hope for the Post." I can't help but wonder how true that really is. I've publicly stated at a meeting that I thought it was unfortunate that the post should find itself in this state, and to have not done anything beforehand to raise awareness or money to try and rectify the situation. If they were that bad off before all this, I'd have given a donation to help the post, as would many of the neighbors and greater community. Instead of being a chance for the community to rally, contribute, and help our veterans, the veterans have chosen to ally themselves to a project that divides the community, and potentially puts them at increased risk if the building has the issues that are expected, based on the developer's history. That makes me very sad.
It's been fascinating watching all of this on DSLJ. I'm really not aware of anything actually hostile from the neighbors towards the VFW. I think we've been very consistent and clear: We've got no problems with you. By comparison, I've seen a *LOT* of hostility from the veterans towards the neighbors. Name calling and interruptions during the the zoning board meetings, some of the neighbors have had numerous acts of intimidation attempted, and various other smears and misdirected anger.
My belief is that if the new post were being built in the new location, as an independent entity, then there wouldn't be that much trouble with it and it'd be like any other development. It's the condo development that causes the big concern. Combining the condo & the new Post together, and then liberally interpreting the zoning laws where it's convenient makes people even more concerned.
-steve
no subject
Date: 2012-03-10 05:03 am (UTC)Not a surprising tactic, given the zoning change that got lobbed at him on the vent shaft site, after his initial ZBA approval.
The condo complex had its initial approval pushed through without much in the way of community discussion.
There was enough discussion for them to get the zoning changed on the vent shaft site.
Unfortunately, the post can't afford to get a new post built - like most non-profit of their type (fraternal club) they don't have the money.
no subject
Date: 2012-03-10 12:57 am (UTC)Wouldn't the newer places be even more expensive?
no subject
Date: 2012-03-10 12:58 am (UTC)no subject
Date: 2012-03-10 05:04 am (UTC)Why that is, I do not know, but it was cited on all of the report which refer to them not being able to do so.
no subject
Date: 2012-03-10 05:23 am (UTC)no subject
Date: 2012-03-10 10:34 am (UTC)no subject
Date: 2012-03-10 01:21 pm (UTC)There has been a significant effort on behalf of some abutters to address other projects that may have involved some of the principles of some of the Applicants of this project. Staff wants to caution the ZBA
that these projects are not before the Board and any issues, real or perceived, with these projects are not an appropriate basis for the approval or denial of any Special Permit. Courts in Massachusetts have
regularly upheld this position. For more on this subject, Staff recommends a review of the 1977 Massachusetts Appeals Court case “Dennis M. Dowd vs. Board of Appeals of Dover (5 Mass. App. Ct.
148).”
Clearly Arista is gaming the system
That's not clear to me - in fact, it is clear to me that the abutters are gaming the system, and have been since the original ventilation shaft site development plan was approved, without the VFW being involved, in 2002, when it was rezoned out of the CBD zone in order to block development on it.
no subject
Date: 2012-03-12 03:23 pm (UTC)How would you even begin to have a fair standard for that, anyway? Ban developers because of one faulty project in their entire history or does it need to be a certain percentage? What qualifies as an offence? The article says two projects "wound up in litigation", but doesn't say how the litigation was resolved. Presumably you could not legally hold it against the developer if they paid a cash settlement but did not admit wrongdoing. What if the subcontractors rather than developer was found responsible? etc. etc. etc.
no subject
Date: 2012-03-12 03:16 am (UTC)So if it is accepted as a given that Zoning Board is not the right organization to question the developers credentials, there is a little homework to be done to find out what *is* the right board. A licensing board or some sort.
If Arista has proven themselves unsafe to do developments in the past, there's no reason to trust them to build a safe VFW Hall nor a safe condo development. The last thing the Dilboy Post needs is to be saddled with a building rife with code and safety violations, or incomplete, and then have additional costs they can't afford in order to be able to use that building!!
Bring Arista to the appropriate board and yank their license. It does too much disrespect to the City of Somerville and our Veterans to have developers with a shady history do this work.
no subject
Date: 2012-03-10 04:40 pm (UTC)*deep breath*
I may totally have my head up my own ass w/this one, but hear me out: no matter what happens, the VFW needs and deserves a home, but doesn't have the money to build anything themselves. With that in mind:
(1) What kind of facilities does the VFW need to operate effectively & in the most comfortable manner? Restrooms, obviously, and a bar/kitchen setup, but what else?
(2) Would it be at all feasible to find a space elsewhere in Somerville that would work as a home, whether temporary or permanent? What kind of rent have they been paying at the old/current location, or has the bank let them stay for free?
(3) Are there any existing spaces in town that could be looked at with an eye to possibly using them in this fashion? If so, how much would rent cost, what kind of changes would need to be made, would it be reasonably convenient to members, etc.?
Considering that George Dilboy is, if I understand correctly, Somerville's best-known native son war hero, the idea of the post actually bearing his name being eliminated should not be tolerated by The Powers That Be--after all, what kind of message does that send to vets and everyone else? No matter what happens w/this project, this VFW post needs a location, and the city really should help them out in this regard--hell, hold a fundraiser for a new post; it's not as if there aren't enough other benefits always happening around town, so why not one for this? Stop treating the Dilboy Post like the proverbial red-headed stepchild, but regard it as a matter of the City's honor that its best-known hero's namesake post is taken care of, and not allowed to wither away due to the tug-of-war between a sleazy developer and citizens whose recent behavior is not exactly winning them brownie points, OK? Hey, Mayor Joe, Nike your ass and Just Do It--not only will it most likely burnish your reputation as someone who cares about veterans, but it's the Right Thing To Do, damn it.
*steps down from soapbox*
no subject
Date: 2012-03-15 12:33 pm (UTC)No, you're not missing anything
Date: 2012-03-16 03:39 pm (UTC)"On 2 July, 2002, the applicant was granted a Special Permit with Site Plan Review (SPSR) to establish a 14-units dwellingon a then CBD-zined site containing 16,796 s.f. located at 343-349 Summer St."
http://www.somervillema.gov/sites/default/files/documents/old_rnd/SummerSt343-349_Ext..pdf
So, the neighbors appealed the approval, and while the appeal was pending, got the site rezoned as RA.
Meanwhile, the developer, attempting to meet fire lane requirements, had to get special approval to move a tree - which was denied, as were many other things which seem to have been routine requests.
Dr. Mohammed Hanif Butt, an orthodontist who lives directly next to the site, has fought against the project for years and said the tree did what his lawsuits couldn't: keep Dakota from building 14 two-bedroom luxury condos inches away from his home at 341 Summer St.
http://somervillenews.typepad.com/the_somerville_news/2008/02/by-george-p-h-1.html
Simply put, the record shows the neighbors are doing everything they can to stop any development on the shaft site.
no subject
Date: 2012-03-18 10:10 pm (UTC)no subject
Date: 2012-03-18 10:13 pm (UTC)