Somerville Scout article on VFW/condo controversy now online

[ron_newman]

Somerville Scout's article on the Dilboy VFW controversy, featured in the current March/April issue, is now online:

Carrying the Flag

Comments

[pierceheart.livejournal.com]

I read it. It's still portraying the neighbors as being mostly saints.

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.

[ron_newman]

That rezoning was to block (or reduce) the originally proposed condo development -- it happened long before the developer brought the VFW into the picture.

[pierceheart.livejournal.com]

And?

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

[bobthemadmidget.livejournal.com]

The article paints the picture that all of the residents in the area are against this development. I live down the street in a shitty two family apartment and would love to see newer, nicer, and cheaper living spaces made available in the area.

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.

[ron_newman]

But this didn't start out as a fight against the VFW. Until that came into the picture, there was no particular reason for someone outside the immediate neighborhood to care one way or the other who won this dispute.

[pierceheart.livejournal.com]

You're missing the point: from the beginning, whomever it was they were dealing with, the neighbors have been playing dirty pool.

[ron_newman]

How so? If it weren't for the fact that all of this has damaged the VFW, what would be wrong with their actions?

[benign-cremator.livejournal.com]

The VFW post getting a new building is a completely separate issue from the condo complex being built. They will provide very different things to the community. Linking them together is an attempt by Arista to divide the community against itself and weaken the opposition to the condo complex getting approval. We really should be working to separate the post building plans from the condo plans.

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.

[ron_newman]

Unfortunately, some of your neighbors don't agree, as they are harassing the VFW with complaints to city or state agencies.

[surrealestate.livejournal.com]

I live down the street in a shitty two family apartment and would love to see newer, nicer, and cheaper living spaces made available in the area.

Wouldn't the newer places be even more expensive?

[surrealestate.livejournal.com]

I admit I'm confused as to why the ZBA can't consider the history of a given developer before approving a plan. It just doesn't make sense to me that there are no ramifications to doing a crappy job again and again other than the unlucky buyers suing after the fact.

[pierceheart.livejournal.com]

Seriously?

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.

[pierceheart.livejournal.com]

Linking them together is an attempt by Arista to divide the community against itself and weaken the opposition to the condo complex getting approval.

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.

[pierceheart.livejournal.com]

According to the wording I have read in the various reports from the ZBA, the ZBA alleges it is illegal for them to do so.

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.

[surrealestate.livejournal.com]

Right, I'm asking *why* it's illegal. Clearly Arista is gaming the system and it seems like there should be *something* that can be done about it.

[somerfriend.livejournal.com]

Changing the law might prevent Arista from doing business here and that would be a good thing, but I'm fairly certain it would lead to abuse by inspectional services, which, as ISD departments go from town to town is about as hostile/indifferent to homeowners and developers that want to invest in this city as it gets.

[ron_newman]

Yes, I see nothing wrong with what the neighbors did, other than its effect on the VFW.

[pierceheart.livejournal.com]

We'll have to agree to disagree, I think the neighbors have acted in bad faith since before the VFW was involved.

[pierceheart.livejournal.com]

Here's the relevant portion from the reports of the ZBA:

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.

[fangirl715.livejournal.com]

OK, the VFW needs a home, with or without this particular project coming to fruition. Given this particular developers track record, I can certainly understand the neighbors not wanting another of his slipshod building jobs right next door; unfortunately, this has led to (a) the VFW being dragged into the mess and basically being used as a hostage, (b) some of the neighbors attacking the VFW because how dare they want a facility?, and (c) same neighbors engaging in some sleaze of their own in trying to stop the overall project, (d) with some of same neighbors being frankly hostile towards the VFW, whether because the latter seems to be inextricably linked to the unwanted development or because of issues w/the military in general. (Damn, people, just because you don't agree w/various military actions doesn't mean you should be taking it out on the men & women who actually served, if not shot at, and who now just want a decent place to hang out. Crimony, didn't we learn ANYTHING from Vietnam?)

*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*

[miss-chance.livejournal.com]

The city has explicitly said, in their own report, that the zoning codes are messed up and are badly in need of a complete revision in order to protect neighborhoods.

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.

[pierceheart.livejournal.com]

Wasn't originally a 29 unit when it was simply on the vent shaft site.

[clevernonsense.livejournal.com]

Exactly.'this plan needs to be scrapped.

[i-leonardo.livejournal.com]

well said.

[miss-chance.livejournal.com]

You can strike the number "29" from the previous comment and re-read it. I believe it still holds entirely true.

[miss-chance.livejournal.com]

It makes total sense to me that there is one board responsible for planing what sort of development best benefits the needs of a city, and a different board that evaluates who is eligible to do construction and planning. These are different questions and different areas of expertise, and as someone else points out, conflating them puts a system of checks and balances at risk. I want my neighborhood planned by planners, not by inspectors.

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.

[pierceheart.livejournal.com]

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.

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.

[gruene.livejournal.com]

It would be total inappropriate for a zoning board to enforce building codes. That's the job of building inspectors. Their job is to ensure the plans are in line with the city's vision of that space.

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.

[cden4.livejournal.com]

I'm always curious to know in situations like this (i.e. a new development on a vacant lot in a residential area) what the nearby residents would LIKE to see. My impression is that no matter what is proposed, neighbors oppose it with any of the following reasons: too big, loss of "open space", not enough parking, will generate too much traffic etc. It's my understanding that the condo building would be no taller than the existing houses on the street, and would include parking underneath. Isn't this an improvement over a vacant lot? Am I missing something?

[ron_newman]

I received the following comment in e-mail from Stephen Wadlow. 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, you're not missing anything

[pierceheart.livejournal.com]

Well, the neighbors didn't want a 14 unit development built on a CBD zoned site:

"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.

[ron_newman]

This is a while ago, but I recall that Dr. Butt objected to the original proposal because the developer would have had to dig under his (Dr. Butt's) property to build it.

[pierceheart.livejournal.com]

He alleged that, yes, and the courts found he offered no evidence of the potential of the damages he was claiming were guaranteed to occur.