Board of Appeals to Consider W. Medford Apartment Building
Story Updated 12:34 PM Tuesday, February 23, 2016
The existing garage (left) next to a rendering of the new development.
– Allison Goldsberry
Medford’s Board of Appeals will consider a proposal to replace a commercial garage with a four-story apartment building at 7 Canal Street in West Medford.
The development, proposed by Debco Properties, would consist of 30 one and two-bedroom apartments, off-street parking, and over sixty bike “parking spaces,” according to an overview of the project.
The Community Development Board has already approved the project. The Board of Appeals needs to review it because it’s in violation of several existing zoning laws. According to the Board of Appeals’ meeting posting, the project lacks sufficient space for its size and the off-street parking, and it exceeds the allowable number of stories and height.
Some residents and business owners are concerned about the scale of the project and the lack of opportunity for public input.
“I’d prefer to hold my opinions about the aesthetics of the building and the parking problems to a public meeting if that opportunity is provided. After all this is one of the largest, if not the largest, project ever in West Medford Square,” said Stephen Pompeo, who owns a business near the proposed site of the project. “Regardless of whether I like it or not, it is such a significant project in a neighborhood that public input should have been encouraged and solicited before the Community Development Board approved it.”
Pompeo said a smaller project would work in the space and wouldn’t require zoning variances. He thinks public input is important due to the development’s size and potential impact on the neighborhood.
“The developer is not building this by right and could easily build a 15 unit building that fits into the current zoning laws and creates no additional parking problems. But the developer is asking for a lot of variances to build a much larger building (29 two bedroom, 1 one bedroom, 4/5 stories) so it is appropriate for the public to get a say in the scope and design of the project in return for any variances,” said Pompeo.
While others in the community have also expressed doubts about the project fitting into the neighborhood, resident Bruce Kulik, a member of Medford’s Bicycle Commission, said the project is an example of “classic transit oriented development” due to its proximity to the commuter rail.
“I think this particular project needs a bit more design work, but I don’t think that a 30 unit building is necessarily wrong for the site,” said Kulik. “People are looking for ways to revitalize our commercial squares, and one way is to encourage a critical mass of consumers who will walk or bike to the squares from their residences rather than drive everywhere.”
Update: The Board of Appeals meeting to review the project was originally scheduled for Tuesday, February 23 but has been postponed. A new date hasn’t been announced.
Does Medford want and need revitalization and a healthy, bustling economic & retail business life? Yes it does. This proposed building is exactly what forward-thinking, successful, desirable cities and towns are doing all over the Boston area and everywhere else. It is an efficient use of the space, it’s modern and attractive, the new residents will add a significant boost to the Square and you are talking probably 50-60 new residents max. That is not a lot of people in an area with many thousands in a city with 56,000. Absolutely, allow this building.
Frank Dux,
If Medford wants, and it does need, revitalization and a healthy and bustling economic and retail life, then Medford needs to follow the law. The zoning law is the protection of the citizens from developers choosing to build what they would like to without concern for the neighborhood. The zoning law is simple: if a lot is unusual in size, shape and topography then the board of appeals may consider a variance. Nothing about this site suggest any of these deficiencies. But, more importantly, if the citizens of the city would like change then they go to the city council and ask that they consider changing the zoning in the area. Then the residents have input and developers and the unelected members of the board of appeals do not decide what is best for an area. Economic development is NOT a legal and, therefore, not a valid reason for a variance. Furthermore, the city has spent a great deal of our city solicitor’s time and energy in court due to decisions over the past several years that were appealed from the board’s granting of variances. Let’s hope that the new administration would prefer not to do that. This is a case for rezoning West Medford square not through illegal variances nor through de facto spot zoning.
Actually, it is even harder to qualify for a variance than Patricia said. Specifically, whatever might be different about the lot, such as a rock outcropping, must prevent building an otherwise conforming structure. The ZBA is not authorized to change zoning laws to allow, for example, a four-story building where a three-story building could be built easily. The law is clear that a variance is a safety valve in rare cases where literal enforcement of zoning causes the owner hardship and prevents otherwise conforming use.
Of course, in practice, a zoning board can do whatever it likes without regard to State laws. The remedy open to neighbors in such circumstance is an expensive appeal to the courts. That’s why the Medford ZBA can get away with granting so many illegal variances to developers. The developer has a financial motive to pursue the defense of the ZBA ruling, whereas victimized neighbors are neither aware of the arcane procedures nor able to justify or afford the expense of an appeal.
Denis Mac Dougall, the clerk of the Board of Appeals, just called me to notify me that 7 Canal St will not be taken up at tonight’s Board of Appeals meeting. He said there were some issues with notice and the applicant has agreed to continue until the March meeting. That date has yet to be set but it will likely be the last week in March. Typically the BOA meets on the last Tuesday but they may schedule for another night so that they can hold the meeting in the Council chambers as they expect a large group. For those who cannot attend you can send your concerns to the BOA c/o Denis MacDougall, DMacDougall@medford.org.