The Zoning Board of Appeals heard from the developer of a proposed mixed-use project in Magoun Square and from city councilors, who relayed residents' concerns with the project, at the board's Oct. 24 meeting.

Dozens of Medford and Somerville residents attended the Oct. 24 Zoning Board of Appeals meeting, at which the board heard from representatives of Legacy Construction about its proposed five-story, 55-unit, residential and commercial development at 519 Broadway in Somerville and a corresponding parking lot at 89 Medford Street in Medford.

Four Medford city councilors – President Richard Caraviello, Vice President Michael Marks, Breanna Lungo-Koehn and John Falco Jr. – and Somerville Ward 5 Alderman Mark Niedergang also attended the meeting and spoke on behalf of their respective constituents’ concerns about the project.

Despite requests from all four Medford city councilors to also hear directly from residents who live near the site of the project, the board did not permit members of the public to comment on the project, saying that the public participation period had already taken place at an earlier meeting on Sept. 26.

The board is expected to vote on the proposed project at its next meeting, which will likely be in early to mid November.

Each of the four city councilors individually told the board that residents were frustrated with the lack of notification about the project, the number of units proposed, the number of variances and setbacks requested by the developer, insufficient parking space and traffic impacts, among other concerns.

“I’m being told there are upwards to eight variances, which are a lot, and I’m not against development, but when you get to that many variances, that goes against the spirit of our zoning,” Falco said. “And I think it also sets precedent.”

Several councilors said they received multiple emails and phone calls from residents who live near the proposed development who had not been notified by the city about the project. Some residents, the councilors said, did not know about the Sept. 26 board of appeals meeting when the public was permitted to comment.

“My first request would just be that if anyone didn’t get the opportunity to speak that lives in that area that has concerns, I request that you give them the opportunity to voice their concerns before you tonight,” Lungo-Koehn said.

The project

The proposed project at 519 Broadway would consist of a ground floor for commercial use and four other floors of one-bedroom, two-bedroom and studio apartments. The site is currently a single-story, partially unused commercial property.

Nearby 89 Medford St. would be converted into a parking lot consisting of 85 parking spots for residents of the new development.

Though the proposed development’s street address is in Somerville, the majority of the building as well as the corresponding parking lot on Medford Street are in Medford.

Nonetheless, Niedergang addressed the board about his constituents’ concerns with the project, many of which were discussed at an Oct. 17 neighborhood meeting held for Medford and Somerville residents living in the area. About 100 people attended the meeting, of whom 43 said they were from Somerville and 28 said they were from Medford.

Niedergang told the board that many residents expressed support for the project at the meeting, after which the developer of the property, Charles Zammuto, agreed to contribute $33,500 to the City of Somerville for an ongoing highway traffic study and traffic mitigation efforts.

However, Somerville residents living near the project were still wary of its density, the number of parking spaces and the number of affordable housing units; the Medford Community Development Board recommended that 10 percent of the units be designated affordable.

“It’s still disappointing for many of us in Somerville to see a large project, part of which is actually in Somerville, provide only half as much affordable housing as we in Somerville consider to be minimally acceptable,” Niedergang sad.

He added that the project will need to go before the Somerville Zoning Board of Appeals if and when it is approved by the Medford board.

By the end of the meeting, Legacy Construction had agreed to "round up" the number of affordable units from five to six, bringing the percentage slightly above the recommended 10 percent. Robert Abruzese, an attorney for the company, also expressed tentative support for developing a "green roof" on the property, as suggested by Niedergang.

Multiple variances and a special permit

Legacy Construction is requesting that the board agree to relieve the company of setbacks required on all sides of the building to accommodate a larger building than is typically allowed given the size of the lot.

The company is also asking that the board approve of its off-street parking spaces, grant clearance for off-street loading spaces for the commercial properties, and agree to the height and width expansion of 519 Broadway, which is already considered a nonconforming structure based on existing zoning laws.

Denis MacDougall, secretary for the board of appeals, told the Transcript that because the project is mixed-use, it does not fall as neatly into current zoning laws.

“Some of these uses are because they’re trying to do a mixed-use … fully commercial properties can go up right next to each other, but once you put housing in the mix, there are setbacks that are required,” MacDougall said.

Board member Karla Chaffee made a similar point at the meeting, arguing that the developer needed to request so many variances because the zoning laws were not equipped to address this kind of project.

Lungo-Koehn told the Transcript that she disagreed with this reasoning.

“They’re making that an excuse for why they want to densify this city to the ultimate max,” she said.

Falco added that the number of variances should give pause to the board and the developer.

“As far as I’m concerned, what they’re basically trying to do is stuff as much development as they can into that area and cut back on parking,” Falco said.

Lack of notification for residents

According to Lungo-Koehn, Marks and Falco, residents’ biggest concern with the development is with the notification process.

“The fact that we only notify the minimum requirement by state law, which is [abutters within] 300 feet, doesn’t take into consideration the people living in the neighborhood,” Marks told the Transcript.

Residents of two households on nearby Shapeley Avenue in Medford said they were not notified of the project, nor of the Sept. 26 zoning board meeting, though they believe they live within 300 feet of the property.

“We never received notifications when the project was first introduced," said Jillian Chernoble of Shapeley Avenue.

Pamela Cerullo, also of Shapeley Avenue, first heard of the project after hearing about the Somerville neighborhood meeting from Zammuto himself.

“Had all of the surrounding residents been notified properly, you can bet we would have been present [on Sept. 26],” Cerullo told the Transcript. “With a project of this magnitude, it is the responsibility of the city to properly notify each and every resident in that neighborhood, not just those who live directly across from the site.”

She was also “appalled” by the behavior of the Zoning Board of Appeals Chairman, Scott Carman, who did not permit any residents to speak.

Marks, Lungo-Koehn and Falco also expressed disappointment with Carman and the rest of the board’s decision not to re-open the meeting.

“In my opinion, if there’s ever a resident before a City of Medford board that has a concern or a question, they should be given the right to speak,” Lungo-Koehn said. “They had full authority to reopen public comment.”