SUMMER STREET SHAFT COMMUNITY

Plaintiff's Concerns

Dr. Butt owns, resides and conducts his profession at 341 Summer Street, Somerville, Massachusetts, directly abutting the proposed project along the Site's easterly side and rear lot lines. The specific impacts upon him and his property include the following:

1. The proposed building will have 0 feet side setback from his property line in some places; it will have 11.24 feet in others. (Residential setbacks require at least 15 feet setback as is on the easterly side of Dr. Butt's building.)
   
   
2. The proposed building will have ONLY 9 feet rear setback while the required rear setback in front of Dr. Butt's property is 18 feet.
   
   
3. The proposed building will block his view, air-ventilation and sunlight to the west. This blockage will be 100% in the rear with the zero setback from his windows.
   
   
4. The proposed building will cast shadows upon his house (bedroom and study room) at various times of day and times of the year. In addition, it will cast compete shadows all the time in his orthodontic office, causing depression to Dr. Butt and Staff. The huge shadow cast by Emerald's project will decrease light, air, temperature of Dr. Butt's house and cause increase the cost of utilities.
   
   
5. The proposed building has 4 stories with additional dome and steeple which is significantly higher than the surrounding 2-story residences with 1/2-story gables.
   
   
6. The total height of Emerald Development's project is 59 ft, exceeding the the 50 ft height limit for commercial properties. Dr. Butt's building is 25 ft high.
   
   
7. The zero foot side setback in the rear part of Dr. Butt's house will increase the risk of fire hazards and damage.
   
   
8. The existence of windows in the proposed building without offsets against Dr. Butt's windows will result in a loss of privacy for Dr. Butt and his patients.
   
   
9. Emerald Development has proposed installing steel bracing UNDER Dr. Butt's house and office building without Dr. Butt's permission.
   
   
10. Construction of the proposed building will cause vibrations at Dr. Butt's house and office, leading to increased risk of structural damage to the foundation. (See Structural Engineer's Report.) Vibrations during construction at such close proximity will prevent Dr. Butt from treating his patients effectively. Dr. Butt will thus lose many working days.
    
    
11. It is obvious that the proposed building will likely cause damage to Dr. Butt's foundation. This would result in a prolonged and expensive litigation in the future regarding insurance claims which may not compensate fully the parties involved.
    
    Case in example: Emerald Development's construction of another condominium complex on Belmont Ave resulted in a WALL COLLAPSE. Emerald's construction of a condominium complex on Western Ave resulted in roof leaks and cracked walls.
    
    
12. Emerald Development produced a "sheeting document" with the intentions to excavate underground parking under Dr. Butt's house without his permission. Later Emerald denied the existence of this document.
    The Engineer John Schroeder who was introduced to Dr. Butt as Emerald Development's Engineer has turned out NOT to be a qualified Engineer.
    According to the Structural Engineer, the sheeting document is not scientifically accurate.
    
    
13. The proposed building provides less than 10 ft of the required 18 ft rear setback and provides 0 ft side setback which would have adverse impact on view, light, air, noise, wind and temperature levels to the adjoining house.
    
    The proposed building will therefore decrease the value of Dr. Butt's house, it will also impair his possibility of future improvements due to lack of appropriate setbacks.
    
    
14. Dr. Butt's house is of mixed use which is approximately 80% residential. At present the only commercial component is a small part-time home professional Orthodontic Office.
    
    
15. The parking requirements are 1.5 space per two-bedroom unit. This means that couples with two cars and their visitors will have to park on the street which will lead to congestion and traffic on Summer Street and the neighboring streets.
    
    
16. The proposed building is going to crowd the neighborhood and cause increased traffic congestion in the area.
    
    
17. Commercial ordinances should not be applied to a mostly residential neighborhood because that would create buildings which are disproportionately larger than the residential houses, they would obscure the views of the residents, limit sunlight and air, cast shadows, crowd the neighborhood and increase fire hazards. All these are strictly against the Somerville Zoning Ordinances.
    
    
18. The City of Somerville should have requested Emerald to apply for a Variance instead of a Special Permit because the submitted plans required dimensional change in the setbacks.
    
    
19. Emerald had prior knowledge before the bidding that they could build at zero feet from the shaft (the Porter Square scenario). Their initial plans attempted to duplicate the Porter Square MBTA shaft building. But this information was not disclosed in the RFP which required all bidders to have a minimum of 12 ft setback.
    The zero foot setback was not made public to the bidders by MBTA, therefore it is unlawful.
    
    
20. Emerald did not follow the procedures required by the Zoning Ordinances for a Special Permit with a Site Plan Review. Instead, Emerald rushed through the procedures and made deals with the neighbors. Emerald's Special Permit was granted in a capricious, arbitrary and unlawful way. The City should enforce the same stringent legal procedures and laws to Emerald Development as to other applicants. (The Zoning Board recently rejected a Special Permit for a fourth floor addition to an existing three-story house on Morris Ave in the CBD District in Davis Square.)
    
    
21. Implementation of Affordable Housing units offsite was delegated unfairly. The Zoning Board should require that the Affordable units be available onsite.
    
    
22. The floor to area ratio required by Zoning Laws is very low, hence crowding the area.
    
    
23. The present litigation has already caused Dr. Butt grave emotional and psychological disturbance. The proposed building would block light and air which would lead to even further emotional and psychological depresson.
    
    Dr. Butt has endured a huge financial burden to ensure that the City and Emerald follow the legal procedure required by the City of Somerville. This has caused him emotional aggravation, loss of work and impaired health.
    
    The Zoning Board has failed to use the Zoning laws to protect Dr. Butt from physical, mental, emotional and financial harm.