Mr. Kevin Prior, Chairman
c/o Ms. Kristin Levesque
Somerville Planning Board
93 Highland Avenue
Somerville, MA 02143
December 20, 2000
1) As to the nature of the nonconformity of the former Assembly Square Mall structure, it
clearly lacks the 20% landscaping component required in a Business Park Assembly zone by
S.Z.O. sec. 8.5.D. Moreover, the ASLP will increase this non-conformity by replacing what
little landscaped area there is on the site with loading docks and paved access drives within the
Middlesex Avenue building setback area. There is no provision for the landscaping or screening
of any of this loading area. ( See Drawing C-3, Layout and Materials Plan, submitted by ASLP
with its building permit application.)
Such a plan would be in violation of S.Z.O. sec. 10.2.2. even if a nonconforming use or
structure were to be lawfully continued. Where the ASLP permit application proposes "selective
demolition, alteration, and re-tenanting" of the mall structure, and change of its exterior
elevations, this degree of change triggers complete conformity with all the landscaping
requirements of Sec. 10, at minimum. It also appears from this plan that the new Home Depot
structure would itself be nonconforming, by failing to provide the full required 20' of side
setback between itself and the boundary of the public right of way in Middlesex Avenue.
2) The ASLP disingenuously claims in its special permit application only to be "renovating" and "retenanting" the mall structure. ASLP's building permit application, in the quot;detailed description of proposed project" section, calls for "selective demolitions of portions of existing structure and related alterations to existing structure for continued retail uses within the existing structures which commenced in 1979-1980."
What ASLP fails to mention is that, under its plans, this "existing structure" will be as
nonexistent as the "continued retail uses" which supposedly still exist within the mall. Inspection
of sheets S2.0 and S2.2 of the ASLP plans, one can see that the entire mall structure from the
wall of K-Mart into a third of the Building 19 will be totally demolished. A whole new
foundation will be laid, supported by no fewer than 1,195 new pilings. Even if the mall
represented a prior nonconforming use (and I have previously demonstrated why it does not),
how can ASLP claim any rights in a prior non conforming use once it has demolished the
structure that contains the use? I previously raised this point with respect to the partial
demolition of the Building 19; I now realize that this question applies to the entire project. ( See
also the attached "Taurus News and Trends" newsletter, which speaks of the "demolition of the
mall.")
3) Closer scrutiny of the ASLP's construction plans for Home Depot raise more serious and
immediate MEPA concerns than I raised generally in my remarks to this Board. Drawing C-3,
referenced above, shows that ASLP plans to change completely the curb cuts and pedestrian and
vehicular travel areas along Middlesex Avenue, an MDC roadway. This area, much of it directly
opposite the heavily-used Somerville District Court, is now an area of landscaping and pedestrian
pathway, with some curb cuts for vehicular access to doors leading to the rear of some of the
commercial spaces within the mall.
ASLP's plans call for the construction of a heavy-duty lumber loading dock, two other double
loading docks, and another, single loading dock for the garden center. This plan violates Sec.
9.1.c. of the S.Z.O., setting forth the reduction of hazards to pedestrians as one of the aims of
the parking and loading provisions of the City's Zoning Ordinance. It renders an area presently
benign for pedestrians into a working site for tractor trailers. This downgrading of use and
reduction of pedestrian amenities also violates the spirit and recommendations of the Cecil Study,
and of the Planning Board's own interim zoning proposal. Can we reasonably expect state
approval of this plan through the MEPA process? Wouldn't we hope for a contrary ruling?
For these reasons and those previously stated, I urge this Board to deny ASLP's Special Permit
for a Change of Nonconforming Use at 133 Middlesex Avenue.
Respectfully submitted,
Denise Provost
Alderman-at-Large