Pinkberry not giving up on Davis Square - now has petition online

[ron_newman]

http://www.ipetitions.com/petition/pinkberrydavissquare/

"We, the undersigned, support the application to locate a Pinkberry frozen yogurt shop at 263 Elm Street, a/k/a 5 Davis Square in the Davis Square section of Somerville. We believe that there is a need for Pinkberry, despite the presence of other frozen yogurt sellers in Davis Square, because the Pinkberry product and experience are unique, in part, due to the fact that the yogurt is uniquely tangy, the shop is not self-service, and the ambiance and products appeal to a clientele not currently being met by other businesses in Davis Square."

For those just joining us, some background:
http://davis-square.livejournal.com/3053494.html
http://davis-square.livejournal.com/3046429.html
http://davis-square.livejournal.com/3037607.html
http://davis-square.livejournal.com/3022627.html

(these are in reverse chronological order)

Comments

[londo.livejournal.com]

Can we use that space to bring Spike's back instead?

[ron_newman]

+1

[thespian.livejournal.com]

you know, I was pretty indifferent to this, but their petition actually got me pretty pissed off. Seriously? Petitioning a local government because you want your god damned froyo store? I even prefer the tarter Berryline and Pinkberry style, but I want nothing to do with them anymore. This is pretty crap.

[ron_newman]

I'm not going to sign the petition, but I disagree with you. The chain needs approval from the local zoning board in order to convert this storefront from an office use to a fast-food use, and the zoning board was about to deny it when they withdrew the application.

One of the criteria that the zoning board uses is whether there is a perceived 'need' for this particular fast-food business. The opponents presented a petition against Pinkberry, so why shouldn't Pinkberry present their own petition in support?

I've been to many local government meetings over the years where one side or the other or both bring this kind of petition to the table, though usually with paper rather than electronic signatures.

ETA: I took another look at their petition,and they've made a serious mistake. Instead of asking "Do you currently live in Medford or Somerville, MA? (Yes/No)", they should be asking for a street address. The local government gives a lot more weight to people who live in the immediate neighborhood, and a lot less to people who live in another city (even adjoining Medford).

[geekpixie.livejournal.com]

This is pretty much their last and only chance at not losing a significant investment put in as a franchise to have a location here. The Franchise owner had already paid all of the fees to start the process (from what I understand when I was at the zoning board meeting, over 10k) and had a fairly high financial risk. If this is the due process for a last ditch attempt at that space, and I had 10-15k on the line, I'd most likely do it too, no matter how desperate it seemed. That said, I do wish they'd consider investing in one of our other fine squares instead when this petition most likely flops. Most of the others could use any kind of frozen refreshment, though the nice long walk from the Magoun Area does make me feel better about getting ice cream when I really want one :)

[pywaket.livejournal.com]

I don't understand why you think this is any worse than what iYo did.

[prunesnprisms.livejournal.com]

Isn't there one of these over on Mass Ave down near Harvard already? I swear.

[ron_newman]

It's right in the middle of Harvard Square, next to the big Starbucks and the main T entrance.

There's a Berryline closer, on the west side of Mass. Ave about halfway between Porter and Harvard.

[londo.livejournal.com]

Plus another, different brand a block or two south of Harvard Square proper. Frozen yogurt is sort of everywhere now.

[emcicle.livejournal.com]

omg o_O

really?

[teko.livejournal.com]

Yeah, have fun with that, Pinkberry.

[ron_newman]

It seems to be easy to accidentally sign the petition, somehow? I just got a confirmation e-mail from confirm@ipetitions.com, thanking me for signing it. Except that I didn't sign it, or at least didn't intend to sign it.

ETA: The signature list shows me as having written this comment: "I really think Pinkberry will be a good addition!". No, I did not! It's possible that I could have accidentally hit the "Sign This Petition" button, but there is no way I could have accidentally written that sentence on the form.

[emcicle.livejournal.com]

that's very bizarre....

[thespian.livejournal.com]

I see someone has also written:

Name: Example Example on Dec 8, 2012
Do you currently live in Medford or Somerville, MA?: No
Comments: Apparently it's very easy to forge signatures on this petition.

right after your supposed signature, which means that this entire petition is completely unreliable, since it does not require a confirmation. 50 of those replies could just be one person with some time on their hands. Or a 10k investment.

[chanaleh.livejournal.com]

Wowwwww. Skeevy.

[bikergeek.livejournal.com]

Why can't the market decide what Davis Square "needs" or not? The government should not be in the business of picking winners and losers.

[ron_newman]

I think the intent of the zoning ordinance is to limit or control the conversion of retail storefronts into 'fast-order' food service places. If the conversion is to be allowed, the applicant is supposed to establish a 'need'.

ETA: Section 5.1.4(g) of the Somerville zoning ordinance says:

"Fast food establishments. In special permit applications for fast-order, take-out or automobile oriented food service establishments, there shall be establishment of a need for such a facility in the neighborhood or in the City, and impacts on traffic circulation, parking and visual, physical, or historical characteristics of the particular location shall not be detrimental."

[pywaket.livejournal.com]

This. I think iYo's using the board to keep out competition is obnoxious. Even though I like their product, I won't patronize them because of this.

[serious-noir.livejournal.com]

"there is a need for Pinkberry...due to the fact that the yogurt is uniquely tangy"

Yes, we definitely need more tang in Davis Sq.

Ugh.

[teko.livejournal.com]

This line alone -- the concept that there's a "need" for Pinkberry's uniquely tangy frozen yogurt, as opposed to just a potential market for it -- has made me permanently opposed to Pinkberry's presence in Davis Square.

[squirrelitude]

a need for Pinkberry

I support their right to petition, but man... no one *needs* froyo.

[littlecitynames.livejournal.com]

I thought iYo had some tangy flavors too? And I haven't been to Orange Leaf, but I imagine they do too. The only thing unique to Pinkberry is that their selection is limited to ONLY tangy flavors (which I know because I don't like tangy froyo, so I avoid Pinkberry).

[nurrynur.livejournal.com]

yes.. I went to iYo for the first time last weekend. the original (plain) flavor was quite tangy.

[bluesauce.livejournal.com]

Won't somebody PLEASE think of the children?!

But seriously, iYo needs to get bent. I hope that the Pinkberry comes into the square, honestly, just to piss off the busybodies.

[petula73.livejournal.com]

I agree, it's annoying to have another national chain, locally owned or not.

I don't understand though why this particular chain is meeting resistance where Buffalo Exchange or CVS was met with no opposition. I remember CVS had to do something with their windows or something.

[ron_newman]

Different zoning rules apply to 'fast-order food' establishments than to anything else in Somerville, and one of those differences is that the applicant must demonstrate 'need' for his/her business. Converting an office or retail use to 'fast-order food' triggers the Special Permit process.

CVS dedicates part of its window space to the Somerville Arts Council each month. That may have been a condition of approving the new building they are in.

I can't remember anymore what used to be where Buffalo Exchange is now. ETA: It was Hollywood Express video store. But if it had been another retail store, no zoning approval was needed for Buffalo to move in.