2026-10-01 - Planning Board

00:04Good evening. It is 6.02. This is the October 1st, 2026 meeting of the Summerville Planning Board. With me, I am Vice Chair Nelia Aboff, chairing tonight's meeting. With me are our Clerk Jahan Habib and members Cora Lee Cooper, Lynn Richards, Michael McNeely, and Luke Schuster.

00:22Pursuant to Chapter 2 of the Acts of 2025, this meeting of the Summerville Planning Board will be conducted via remote participation. A video recording of the proceedings will be available at the city's website's meeting and events page,

00:33or by emailing [email protected]. For members of the public who are dependents, if you wish to share a comment, please state your name, street of residence and city of residence for the record at the beginning of your testimony.

00:45We have a number of items check up tonight, including the approval of some minutes, two cases, and a joint hearing with the land use committee at 6.30. I would like to take 222 Broadway first, which is continued from our previous meeting in the hopes of getting through that item before we have to drop for land use at 6.30, but if we are unable to make it in that timeframe, we will need to resume after the land use committee.

01:14So is the applicant, this has already been read into the record, I believe. Thank you. So we will jump right in. If the applicant has a presentation, they would like to review.

01:32Good evening. My name is Nicole Sullivan. I work for the patient network. My address is 72 Junction Square Drive, and that's Concord, Massachusetts, 01742. And I actually have somebody else that's on, I hope she's on Gio, who is our Vice President of Operations for the company. Gio, are you on?

02:04I don't know. I don't know if you guys can see if she's on.

02:07It looks like we have an attendee named Gio raising their hand. Can you make them a presenter, please? Yes, she has been promoted.

03:08Can you hear me, Nicole? Hi, Gio. Hi. Can you guys hear me? We can. Okay. So I'm Gio, I'm the Vice Operations for President for Operations for Patient Network. I always see all the locations in Somerville, and I'm here to, on behalf of the company,

03:28to testify, whatever you guys want to call, like, on our behalf. The store, I wanted to say, I have a diverse team over there. I also work with you guys at 154 Highland Avenue and 504 Broadway.

03:45And I've been with you guys for about three years now, and then take care of all the stores, and I've been visiting once a week. And I know we had problems in the past. I don't know if it's recently, but since we bought the store, the trash situation, the trash on the parking lot, it has been cleaned.

04:05The store has immaculate clean, the stuff is great. And I hope this has come out of good, of a good start there and try to open overnight.

04:17I have a presentation just to address some of the last items. I'm going to do the request now to share my screen if I can.

04:30Nicole, this is help from stuff you should be able to show. Perfect. Can everybody see that? Yes. Okay.

04:50Sorry, I have multiple screens up, so you can see the correct slide, right, that says improvements since 8/11 meeting.

04:57So there were several issues that were brought to our attention. We have a ton of illegal dumping that happens pretty frequently, not only at this location, but across the board at all of our locations in Somerville.

05:12And, you know, there was a lot of trash there that we had hauled out. So I have a before and after of that.

05:18There was also a neighbor that had mentioned feeling unsafe because of this bench that was here.

05:27We had that bench removed. We also had some people that were using these newspaper stands as garbage. We've had them removed.

05:36So we've done a lot of improvements just based on that August meeting. And then we have also, in all of our Somerville locations,

05:48been working really closely with Colin Ziegler and more recently Gabe Rodriguez.

05:55And they've had us install these metal lids to all of our dumpsters to help with the rodent issues that we all face there.

06:05And we also have improved this dumpster wall. It had fallen over. I don't know if it was from the snow, but regardless, that's been repaired.

06:15And we've also gone to biweekly service with Ecolab, who's our pest provider, as opposed to monthly.

06:22The only thing that we do have pending from that August meeting is obviously our parking lot repair.

06:36That's a larger process in Somerville. We've actually been trying to do it since we bought the store,

06:42but the landlord didn't have a property survey. So now we've kind of essentially got to start all over while he obtains the survey.

06:51That's it. Thank you very much. Yes.

07:03We have received a lot of written comment about this application prior to this meeting, and we will take public testimony tonight.

07:10Before I open it for public testimony, do any members of the planning board have any items to raise or questions for the applicant team?

07:19Okay, then I will open it up to public testimony and ask for raised hands from anyone of our attendees who wish to speak in favor of the application.

07:46Seeing none, I will ask for raised hands from any attendees who wish to express concern or questions about the application.

07:54If you raise your hand, Alvaro will unmute you one more time.

07:59And Alvaro, let's run a timer if you don't mind just because we have. Thank you. Yep, this is Alvaro.

08:08I'll go ahead and allow to speak to Gail. Thank you.

08:15So as a reminder, please state your name and street of residence for the record.

08:18And we're asking folks to keep comments to two minutes so that we can get through things. Thank you.

08:22Hello, my name is Claudio Fidelli. I live at 238 Broadway, and I've been living in this location since the 70s.

08:33So I'm very familiar with the corner, with the traffic, with everything that goes on in this area.

08:40I have no issues with expanding the business. I understand the model and standing when I grow the business.

08:47My concern is the 24 hour aspect of it. There's nothing, I mean nothing in this area that stays open after 8 39 o'clock.

08:59Three gas stations on three corners, they close at 9 o'clock. You cannot stop for anything. There's nothing here for anybody.

09:08Why can't this be an operation that closes at a reasonable hour like 8 p.m. or something that allows us residents to sleep at night?

09:21I see the conditions have improved. Thank you for removing the park bench.

09:27There was a lot of drunks and people hanging out on that bench. It was not just an appearance issue.

09:32But again, my concern is how this affects the neighborhood.

09:38We already have a lot of cut-through traffic that comes down Melvin Street because people want to avoid that light that also affects traffic going into your location.

09:48Every morning, I look out my window and there's two light cycles before a car pulls into your parking lot.

09:55So I cannot see the traffic benefit of any change that has occurred here that will make that any better.

10:02With that, I will end and say, you know, I'm pro-business but not with the 24 hours. No. Thank you.

10:13Okay. The next person that I see is Dale, which I'll allow to speak. Hello. Can you hear me? Yes.

10:29So hello. I'm Dale Rushton. I am a direct person living next to Dunkin Donuts at 8 Melvin Street. I want to be clear. I'm not opposed to Dunkin operating as a business.

10:43My concern is specifically over the proposal of 24 hours a day, 7 days a week and the impact it would have on the residents living directly by the side of it.

10:53Even during the current operating hours, the location generally has significant activity and noise.

11:04There is loud music, vehicles, shouting, cars coming and going and groups of people gathering at the property.

11:12At times, the sidewalk is so crowded that we have to step on the road to get past.

11:17There is also drinking in the parking lot and when I cleared my back garden, I found significant amount of alcohol bottles.

11:26As a young woman living directly by the side of the property, there is already times where I don't feel safe walking past the area.

11:35Extending the business to 24 hours would bring the activity traffic noise to the early hours of the morning when residents are trying to sleep.

11:46There is a gas station opposite which closes at 9pm. Stop and shop closes at 10pm.

11:54And the business would just change the level of this being a residential neighbourhood.

12:02I'm also concerned about the existing maintenance of the property, the fencing barriers and the border actually bend towards my garden.

12:11We are already experiencing increased rat activity and during the winter months, snow is not removed and it is a very unsafe area.

12:20So for this reason, I am against the 24 hours. Thank you.

12:28Okay, and I see one more hand. I'll unmute Senthil.

12:37Yeah, hi. I'm also under the owner of a couple of units at 8 Melbourne Street directly behind the Dunkin Donuts.

12:52And clearly, this is a big problem to have Dunkin Donuts operate 24 hours a day. It's a residential neighbourhood.

13:04People need to be able to sleep. They need to be able to feel safe at night.

13:09So I cannot imagine how life for the residents would improve with the 24 hour operation right in the neighbourhood.

13:24So I'm very much against this 24 hour operation.

13:29I'm all for business, but this is not at all convenient or acceptable for our neighbourhood. Thank you.

13:40The next person I'll speak is Krishna Kumar.

13:50I am also a co-owner of the adjacent 8 Melbourne Street property, even though I do agree with all others in terms of the business.

14:09Already, this business is causing multiple problems for the property and expanding the hours is not going to help the situation.

14:21And I don't even think it's going to help the neighbourhood as well.

14:26There is a lot of traffic, even if you got current hours in the evenings.

14:35There's a lot of people there, a lot of cars going and coming, and definitely it's not going to improve the neighbourhood.

14:43I don't support the 24 hour operations.

14:48And I'll give an opportunity to speak to Matthew McLaughlin.

15:04Hello, everyone. This is Matt McLaughlin, Ward 1 City Councillor. Thank you for the time.

15:09I'll see you all in about 10 minutes at our other meeting.

15:12I just want to weigh in and say that I had a community meeting about this and there was one person in support.

15:18And everybody else basically said what was said tonight about the unsightliness of the property.

15:24I will say I went by this dunks today on my way home and I felt like it was much cleaner than it's been in a while, which is good.

15:33But I do have the same concerns about how the property has been over the past several years.

15:39We still have some issues with trash barrels and trash bins that we need to address because it is a serious rodent issue and it is a real hangout spot.

15:48So I'd be concerned about it being 24 hours and having things outside of having coffee and donuts happening at the site.

15:55So I'm not ready to support this right now. I would like to see more expanded hours across the city.

16:01But I do believe that it should be when a business demonstrates the ability to address any concerns and has a good track record in the city.

16:11So that's where I'm at right now and I'll see you all in a few minutes.

16:14Thank you, Councillor. I see there's another comment from the applicant team, which I'm happy to hear if we have no other attendees wishing to testify.

16:30Yes, Joe. Yes. So I wanted to say, you know, we've been with some of you for three years and I understand everyone's concern about traffic.

16:46It's always going to be a traffic in one city.

16:50Everything that the town is asking us, even as a person that's been there with you guys for three years and so have your community.

16:58I've been willing to take care of Ryan a second and we've been doing so to 20 Broadway.

17:05We have two years that we've been in this location and every second we've been there.

17:11And then it's mentioned to us from the town and then it's someone immediately take care of any problems.

17:18I'm going to say this like as a as a person that always been that I have a five or four Broadway, which is we have neighbors around it and there's never been a problem of being there.

17:30We've been there for years and then the store doesn't have no problems is no people hanging out drinking or anything like that.

17:39If it was in the past was a long time ago prior to this company, but I'm going to say one thing we do.

17:48We do. I know everyone's concerned, but like I'm going to tell one little thing about us on a snowstorm.

17:58Every policeman was inside our stores.

18:01We serve the community because it was no coffee to drink or something to eat.

18:06And then we were there to be able to serve them because we are the only place open overnight.

18:12And we're doing with the heart.

18:14And then we're doing this just to extend us our hours to make some money, obviously, and then also.

18:21But to take care of the property more better.

18:24We we have a people there that can be able to go to the parking lot and clean overnight.

18:29We have a people there that can see if any problems and then maintain.

18:35But I don't see it as a problem like to open overnight because I have other location that is open overnight on five or four Broadway.

18:42And there's never been a problem is never been a problem.

18:46And I understand everyone concerned.

18:49And then I take very seriously everyone's concerned.

18:53But I think if you give us a chance to show you guys that that is not going to be a problem.

18:59That is not going to be a problem.

19:01But I want us to mention that that is on a snowstorm we serve all the community around when it was no power.

19:08We serve all the community around and it will be able to do that because we open overnight.

19:15Thank you.

19:16I'm going to open up to discussion amongst the board at this time.

19:18If we feel like we can resolve this in the next eight minutes otherwise we may need to continue this into after after we reconvene after the ladies come here.

19:28So I'll reserve my thoughts. I'd like to hear from other members of the board first on where feelings are on this.

19:35Yes, Luke.

19:45Thanks.

19:49I'll try and be quick.

19:51I think this is the first time I've been on the board when we've handled a request like this.

19:57So it's a big part of what's on my mind is just thinking through what should the criteria be.

20:01And especially given the fact that there already are some places especially the Magoon Square Dunkin that's open 24 hours.

20:09So like what would be the justification to not let this one operate 24 hours when the other one already does.

20:16I certainly get the concerns about from the abutters but also like the idea of if a business wants to be open 24 hours letting it.

20:26And frankly if there's anywhere in the city where it would make sense like right on the grass kind of does seem like it makes sense to me.

20:32So I'm kind of inclined to support it but I'm curious what the logic would be for why this is different.

20:38I guess just the fact that like there's a history of people hanging out outside of this one a little bit more than the others.

20:45Is that the only thing? I don't even know what it would be.

20:48I would ask Kit or Alvaro to expand on this but I think that part of the issue here is that this is existing non-conforming use.

20:57And so the intention of the neighborhood is the intention of the MR-5 zone which is really neighborhood serving commercial uses.

21:05And to the extent that this is more of like a highway location and is serving a broader community of transient users.

21:15That's not what we would normally look for in like if we were designing an MR-5 from scratch.

21:21I don't actually know what the Magoon Square zoning is offhand though I don't know if Kit or Alvaro have the answer to that question.

21:29This is Kit. Through the chair I would say that I agree with you Madam Chair in terms of this.

21:42The request is really because this is an existing non-conforming use in that it's a formula business where it would not be or where they would need a special permit now to operate.

21:52So that's the reason for the permit is because it's an existing non-conforming use but I can double check the zoning of the 504 Broadway location if you just give me one moment.

22:07Luke do you mind if we take Lynn's comment while Kit checks that for us? Thank you.

22:21Thank you all and like Luke I do think that this is an interesting case in terms of what are the criteria. I guess for me and this goes to Ms. Sullivan's presentation to us was she referenced everything that was said at the community meeting and everything that the business did to respond to what was done at the community meeting.

22:52Which led me to think well okay so you yourselves didn't see that there was a problem and needed to be fixed like I'm just kind of wondering why you took action only after there was a community meeting because you wanted something from the city.

23:10Would you have done all of those improvements on your own had you not been trying to go 24 hours and to me that goes to what Councilman McLaughlin was saying is kind of a history of being a good neighbor and is from what I could tell with your presentation.

23:31Like you took action, clean up and to address issues with your property only because you were told during a community meeting because you were asking for 24 hour.

23:47And so I guess I'm asking you all of can you itemize even briefly to me changes and cleanup of your property that you did prior to the community meeting or, you know, in like say last year, because again it keeps coming back from all the community

24:07meeting.

24:24I just want to say thank you for that when I don't think I formally closed the public hearing section, the public testimony section of the hearing so I just want to know that we've done that sorry I'm not normally the chair it's a little.

24:36Yeah, I thought we're into board discussion.

24:38I was about to say that. Thank you. Thank you. Okay. Did you ever answer. Um, yes, the zoning on for 504 Broadway is Mr for, but I don't have. I don't have information on when that was established.

25:00It's also likely sort of existing non conforming but they might have been doing that 24 hour operation prior to the MR for zone coming into being in 2019 so there hasn't been a similar hearing to assess the appropriateness of that for instance,

25:17I would need to double check the exact timeline but that sounds right. It sounds to me, sorry, no one answered my question we need.

25:32Can I take over as chair. I need to step away for a moment. Sure, sure. Absolutely.

25:39So, in light of the timing. It is 628pm.

25:44We should, we should see if if the applicant team geo on the applicant team can provide a succinct response to member Richards question because we will need to move into recess and join the land use committee meeting.

25:59So, from the applicant team please provide a response. I just wanted to apply to the question, we did a prior to clean all the maintenance, the parking lot, we did a landscaping there we cut a trees that was hanging.

26:23We did a few some, some of the holes that it was in a parking lot that it didn't got approved yet to do the pavement over there. We did talk out the trash bales that it was around it by previous owner that was around the fence to not create a more trash over there.

26:42And that's why you see the trash barrel around our dumpster for to be able to the dumpster people to come and get it. That's when you see that picture. And then that's when we remove it.

26:53Yes, we've been addressing the situation, since we bought over there, a year ago, we have a people that didn't. Yes, a year ago, so a year ago we've been sending landscaping there we send the painters there we clean up entire store,

27:10you can see on my border health inspection that I have a zero violation on that location. You can go previous two years on those border health inspection that I have a previous zero violation with the town.

27:23But also all those trash bear that you see around the dumpster was a previous trash bear that we took out from the fence, and then we are waiting for the dumpster people to come and grab it.

27:35I'm so sorry to cut this conversation short and I appreciate your responses and the dialogue so much. We need to move to the land use committee hearing at 630 now so what's going on is we're going to put this meeting in recess.

27:50And Alara will put up a screen that says that we are putting the meeting in recess and we will reconvene when that meeting ends. I do not have a specific time when that will end because there are a number of items of business there. So I do apologize to the applicant team.

28:05If you prefer to have us continue this to resume at a future meeting, we could, but otherwise we will continue we will continue our discussion this evening when we rejoin. So with that, I am putting the planning board meeting into recess as of 631.

28:27Please everyone join the land use committee link. Thank you.

2:37:24This is Amelia Aboff, chair for tonight's meeting with me, our Clerk Jehan Habib and members Luke Schuster, Michael McNeely and Cora Lee Cooper.

2:37:33We are reconvening the ongoing meeting of the planning board as of 8.40 p.m. and note that member of the merchants is no longer joining us for this portion of the meeting.

2:37:45At the time that we went into recess, we were discussing our open item at 222 Broadway.

2:37:52At this time, I'd like to resume discussion amongst the planning board on that case.

2:37:57Hi. So Gio had to get off the phone, obviously, just because we weren't planning to have, you know, the long time in between.

2:38:16Of course. I'm so sorry about this.

2:38:18No, no, no, no, it's fine.

2:38:20Before we had to jump.

2:38:21Yeah. And I wanted I wasn't aware that I had to ask to continue while everybody was still on the phone, you know, and then everybody kind of jumped off.

2:38:28So I was going back and forth with Kit.

2:38:30Is it possible that we could do that?

2:38:32I'll borrow where you want. Yes.

2:38:43I just want to confirm the protocol for continuing a case verbally during a meeting because it's not something we normally do.

2:38:48But I think that should be allowed.

2:38:50Yes. If the board is OK to allow the continuance, they may do so.

2:38:58Great. So the applicant has requested a continuance to our next meeting, which I believe is October 15th.

2:39:03That is reasonable to me. So I move to accept that to continue this item until our meeting on the 15th, seconded by Johan.

2:39:15Alvaro, could you please call the roll?

2:39:17Johan Habib?

2:39:19Aye.

2:39:21Luke Schuster?

2:39:24Aye.

2:39:26Corley Cooper?

2:39:28Aye.

2:39:29Michael Magnoli?

2:39:31Aye.

2:39:31Ameliebo?

2:39:33Aye. Thank you very much. And Ms. Sullivan, I'm sorry for the long evening.

2:39:35No, no worries.

2:39:37Thank you.

2:39:38OK, thank you.

2:39:39OK.

2:39:41Bye.

2:39:44We had one other case for this evening.

2:39:46I don't know if the applicant team is still online.

2:39:49I think I see Adam Dash.

2:39:51This was for 6 Wheatland Street.

2:39:56This has already been opened and read into the record.

2:40:03So we will just take up this item now if Attorney Dash is still available to provide us with an update.

2:40:10Madam Chair, he has been.

2:40:12Can you hear me?

2:40:13Yes.

2:40:14All right. Yeah, Attorney Adam Dash representing NPO Properties for 6 Wheatlands.

2:40:18As you recall, we were before you last time and you were ready to vote.

2:40:23But for the fact we didn't have sign off from mobility regarding the bike parking, which we now have.

2:40:29And you saw that corroborated by the staff report.

2:40:31There were some conditions that were placed on it by mobility, which my client is fine with.

2:40:35And we would hope that you would vote to approve site plan approval in the special report this evening.

2:40:40Thank you for the updated submission and the updated staff memo.

2:40:45Are there any comments or discussion amongst the Planning Board on those updated materials?

2:40:53Okay.

2:40:59Any comments from you, Alvaro, a staff planner on this item?

2:41:04No, Madam Chair.

2:41:06Okay.

2:41:08So with that, following public testimony, review of the submitted materials and deliberation of the required considerations outlined by the Summerville Zoning Ordinance,

2:41:17I move to approve with conditions the site plan.

2:41:20Oh, we've got two motions for this.

2:41:22I'm sorry, I'm going on a border.

2:41:23The site plan approval in the Midrise 4 district with the recommendations as listed in the staff memos dated July 31st, 2026,

2:41:30and supplemental memos of August 28th, 2026, and September 30th, 2026.

2:41:35Seconded by Johan.

2:41:36Alvaro, can you please call the roll?

2:41:38Johan Khabib.

2:41:41Aye.

2:41:43Luke Schuster.

2:41:45Aye.

2:41:47Cora Lee Cooper.

2:41:49Aye.

2:41:50Michael Magnoli.

2:41:51Aye.

2:41:54Emilia Eibach.

2:41:55Aye.

2:41:56And following public testimony, review of the submitted materials and deliberation of the required considerations under the Summerville Zoning Ordinance,

2:41:59I move to approve with conditions the residential special permit in the Midrise,

2:42:03one of these says Midrise 3 and one of them says Midrise 4.

2:42:07This website plan approval should have said Midrise 3.

2:42:12Do we need to--

2:42:13Yes, that's correct, Madam Chair.

2:42:15Okay, that's been missed.

2:42:16That's a scrivener's error that you can correct?

2:42:18Yes.

2:42:19Okay, all right.

2:42:21So I move to approve with conditions the residential special permit in the Midrise 3 district with the recommended conditions as listed in the staff memos previously referenced.

2:42:29Seconded by Johan.

2:42:30Johan Khabib.

2:42:32Aye.

2:42:34Luke Schuster.

2:42:36Aye.

2:42:37Cora Lee Cooper.

2:42:39Aye.

2:42:40Michael Magnoli.

2:42:42Aye.

2:42:45Emilia Eibach.

2:42:47Thank you.

2:42:48Sorry for the late night.

2:42:49No, thank you.

2:42:51I've nowhere else to be.

2:42:52Have a good evening.

2:42:53Thank you.

2:42:54Yes.

2:42:55Madam Chair, just to make the point that minutes were not voted before we went into recess, so just to call that.

2:43:00Yes, I was just going to ask if people had the patience to us to review the two sets of meeting minutes that were on tonight's agenda,

2:43:11that folks have the opportunity to review the meeting minutes from August 20th, 2026.

2:43:15And are there any comments or corrections?

2:43:17Seeing none, I move to adopt those as the minutes of the August 2026 meeting.

2:43:24Seconded by Johan.

2:43:25Johan Khabib.

2:43:27Aye.

2:43:29Luke Schuster.

2:43:30Aye.

2:43:31Cora Lee Cooper.

2:43:33Aye.

2:43:34Michael Magnoli.

2:43:35Aye.

2:43:37Emilia Eibach.

2:43:39Aye.

2:43:40And similarly, is everyone have the opportunity to review the September 3rd, 2026 meeting minutes?

2:43:44Any comments or corrections?

2:43:46Okay.

2:43:48Seeing none, I move to approve those as the minutes of the September 3rd meeting.

2:43:52Seconded by Johan.

2:43:53Johan Khabib.

2:43:55Aye.

2:43:57Luke Schuster.

2:43:58Aye.

2:44:00Cora Lee Cooper.

2:44:01Aye.

2:44:02Michael Magnoli.

2:44:04Aye.

2:44:05Emilia Eibach.

2:44:07Aye.

2:44:09Okay, guys, what a night.

2:44:10And with that, I hope you adjourned tonight's meeting at the planning board.

2:44:14And especially long night for Johan.

2:44:16Yeah, Johan, that was truly masterful.

2:44:19Well, thank you all.

2:44:23I did have a couple of copies, so I will credit the caffeine.

2:44:27That was amazing.

2:44:29All right.

2:44:30I move to adjourn tonight's meeting as of 847 p.m.

2:44:34Seconded by Johan.

2:44:35Johan Khabib.

2:44:36Aye.

2:44:38Luke Schuster.

2:44:40Aye.

2:44:41Cora Lee Cooper.

2:44:42Aye.

2:44:44Michael Magnoli.

2:44:45Aye.

2:44:47Emilia Eibach.

2:44:48Aye.

2:44:49Have a great night, guys.

2:44:50Have a great night, everybody.

2:44:51Great job, Madam Chair.

2:44:52Take care.

2:44:54Thank you, Alvaro.

2:44:55Thank you.

2:44:56Have a good night.