Owner Of Iconic Somerville Building Sues City

SOMERVILLE, MA — The owner of the Knights of Malta Hall in Gilman Square, also known as the "Piano Building," sued the city in Land Court last month, alleging illegal spot zoning under an October City Council decision.

Property owner Malta Realty Trust, LLC claims a citizen petition approved by the City Council Oct. 8 increases the size of new buildings allowed on either side of the Hall, at 346 Medford Street and 255 Pearl Street, while leaving similar commercial lots in the district unchanged.

The Hall is protected under the 2014 Gilman Square Station Area Plan, which states that "buildings like the Knights of Malta Hall...will be preserved and celebrated" in any future development of the square, according to the complaint.

"State law is pretty clear on this topic," Jim Kaplan, manager and owner of Malta
Realty Trust, said in a statement. "Cities can't tinker with their zoning codes to provide financial benefits to favored property owners and developers to the detriment of their neighbors. In this case, the Council decided that owners and developers of the lots on both sides of our building –
and only those developers – should have the right to build six-story structures that will
cut off the light, air and views of the tenants of our iconic building."

The landmark building houses a range of tenants, including East Cambridge Piano, the Boston Billiard Emporium, architectural offices and an aerial photography and video production company.

Kaplan said he appreciates the opportunities presented by the upcoming Green Line station, but certain developers should not be granted exceptions.

"There should definitely be greater density, and maybe even some six-story buildings. But there are ways to do that are not detrimental to existing buildings, without boxing in and shadowing the creative economy tenants in one of the square's few remaining architectural gems," Kaplan said.

A spokesperson for the mayor's office said the city cannot comment on pending litigation.

Somerville faced a similar transit-related development challenge in Union Square. The city's solution was to impose a special "overlay" district to permit flexibility for development while remaining consistent with the neighborhood scale standards. Instead of enacting the same standard in Gilman Square, the Council and Planning Board approved a petition from the Gilman Square Neighborhood Association that changed the zoning designation on either side of the Malta building, the suit alleges.

The complaint also challenges the building's designation of being in a "Fabrication Commercial District," which restricts the owner from tearing it down or redeveloping it. But Kaplan says even without the FAB zoning, he has no plans to demolish it.

"I certainly don't want to tear down the Malta Building, and I've been trying to live within the constraints of the FAB designation, even though it's obviously unfair," Kaplan said. "But the addition of this latest spot zoning action calls the entire process into question. The city needs to work with all stakeholders, not just their chosen favorites."

The Land Court has scheduled a preliminary hearing on the complaint for Jan. 27.