COURT UPHOLDS CITY’S ZONING IN WINTER HILL STAR MARKET CASE

SOMERVILLE – A judge has ruled in the City of Somerville’s
favor in a lawsuit filed by the owner of the former Star Market in Winter Hill,
who contested denials of a building permit and two special permits and the
legality of the City’s Zoning Ordinance. The judge entered a summary judgment
dismissing all of the plaintiff’s claims.

The ruling upholds the zoning amendments that went into
effect on Feb. 10, 2010, that created two new Commercial Corridor Districts
along Broadway, including at the intersection of Broadway and Temple Street,
established with the goal of promoting more neighborhood-serving retail in
mixed-use buildings, bringing to Winter Hill the same vibrancy and long-term planning
strategy that has revitalized other Somerville neighborhoods with an eye toward
walkability.

Comar Real Estate Trust had its building permit for 299 Broadway
denied on Feb. 22, 2010, because the building is within one of those Commercial
Corridor Districts, and converting the former supermarket to an Ocean State Job
Lots store would require two special permits under the city’s Zoning Ordinance.

In a written decision dated Sept. 2, 2010, the Somerville
Planning Board denied Comar Real Estate Trust’s application for those two
special permits because the proposed use was not consistent with the stated
purpose of the Zoning Ordinance and Commercial Corridor Districts. Comar Real
Estate Trust then filed its complaint in Land Court on Sept. 28, 2010.

The Middlesex Land Court decision dated Sept. 5, 2013,
signed by Associate Justice Judith C. Cutler, rejected the plaintiff’s
arguments that the proposed use of the building meets the special permit
requirements or that the Zoning Ordinance violates state and U.S. constitutional
law.

In doing so, the court upheld the community-driven vision
for Winter Hill that would bring more walkable retail to the neighborhood that
serves residents’ immediate needs and decreases reliance on driving for those
daily needs, while increasing available housing in the neighborhood through
multi-tenant, mixed-use buildings—the same successful formula that has created active
neighborhood squares throughout the city.

“With this impasse now concluded, the City looks forward to
working with Comar Real Estate Trust and neighbors in Winter Hill in realizing
the community’s vision of a vibrant, mixed-use neighborhood,” said Mayor Joseph
A. Curtatone. “Change is not always easy, but I know that by doing the hard
work, meticulous planning and long-term visioning, we can create an environment
that benefits both businesses and residents, preserving what we love about
Somerville while making our neighborhood more walkable and livable. Like the
ongoing transformation on lower Broadway in neighboring East Somerville, we are
looking to build community in Winter Hill, and are excited to work with Comar
Real Estate Trust and the community to continue creating a resilient and
self-sufficient economic base for Winter Hill and our city.”

“Developments that create both multiple storefronts and
additional housing are integral to reviving Broadway while keeping the
diversity and character of Ward 4 intact,” said Ward 4 Alderman Tony Lafuente.
“Ward 4 residents would get an array of retailers to meet their daily needs
within walking distance of their homes, and tax burden relief from the
expansion of commercial square footage. Our long-time Winter Hill businesses
that we cherish would also benefit from a refreshing change in the business
climate. I am relieved that this issue has been resolved, that the Land Court
decision backs Ward 4 residents’ vision for their community, and know that the
City can work with Comar Real Estate Trust in finding a solution that works for
all.”

The Land Court Decision is docket number 10 MISC 440303. The
plaintiffs were Comar Real Estate Trust by James A. Cohen, and James B. Marcus,
Co-Trustees. The defendants were the City of Somerville, the Somerville
Planning Board, and members of the Planning Board that issued the written
decision in Sept. 2010 denying the special permit applications.

– END –

Contact:

Denise Taylor  617-625-6600, ext. 2103