In Somerville neighborhoods, small residential lots are being filled with up to four condominium-style units through a zoning right that some residents consider a “loophole” for developers. Four amendments proposing changes to Somerville’s residential zoning appeared in a joint land use committee and planning board hearing Thursday night.
The amendments, brought forward by attorney and former city councilor Bill White, are attempts to redefine backyard cottages and change the process for splitting lots. White and supporters consider the proposal a defense of green space, affordable housing, and zoning transparency. Others see the amendments as attempts to stop development and over-regulate the city’s zoning.
The amendments, presented together as one agenda item, propose two changes each to the zoning for backyard cottages and lot splits. The backyard cottage amendments would limit the square footage to no more than 900 square feet and ensure accessory dwelling units are under the same ownership as the principle building on the lot, rather than separate units. The split lot amendments would implement an affordability requirement when a lot is split and require that lot split decisions receive a public meeting and notice to abbutters.
Backyard cottages
The zoning ordinance currently defines backyard cottages as “a small floor plate, detached, accessory building type typically providing space for one small dwelling unit, a home occupation, a playhouse for children, or vehicular parking on the same lot as a principal building type.” White and other residents are seeing developers in their neighborhoods building backyard cottages up to 1,500 sq. ft. as a fourth unit on three-unit lots. These projects are considered as-of-right under the current zoning. “You’re getting four condominium luxury units being put in our neighborhood residential districts on small lots,” White said at the hearing. “If you go to any surrounding community, I would know of none that would permit that as an as-of-right project.” These units can be sold separately, and White considers them an incentive for developers to buy and demolish existing residences.
Multiple speakers during public comment expressed concerns that these projects would eat up limited green space on lots, promote density in small neighborhoods, and jeopardize current tenants and middle-income home owners. But others consider backyard cottage units as a way to build more housing and implement affordable density. “What we need is less red tape for conforming developments that meet the city’s zoning standards,” said resident and business owner Julian Lewis. “The results won’t be more affordable housing, there will be less housing overall.”
Lot Splits
Under current zoning, lots can be split into two or more smaller lots to increase the number of units built. If a lot meets certain requirements, it can be approved for a split as a “minor plan change” by the city’s zoning board of appeals without a public meeting. White proposes to remove the language that allows the board to make those decisions without public input, ensuring standard processes that would require an agenda item, notice to abutters, and a public meeting. He also hopes to implement a requirement that 20 percent of units be affordable when a lot is split to build five or more total units. There is currently no affordability requirement in place.
“I’m very grateful to Councilor White for putting this amendment forward and bringing it to our attention,” planning board member Amelia Aboff said at the end of the meeting. “I personally was unaware of particularly the lot split issue.”
In addition to the amendments proposal, White is currently representing former state representative Denise Provost in a land court action over the abutting 17 Hudson St. property. Developers are planning to split the 6,400 sq. ft. lot into two lots and build a three-unit building and additional fourth unit on each.
“It’s taking away rental properties and starter homes, and replacing them all with luxury condominiums,” White said in a phone interview. “And that has a huge gentrification effect and an impact on trying to have a balanced city where different types of folks can live in it.”
Written comment for all four amendments is open until noon on May 15. The planning board will review the proposal at a following meeting and submit recommendations to the city council, which will make the deciding vote. White has also submitted an open meeting law complaint over the lot split decisions with the attorney general.
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