Project Update
The Somerville Homeless Coalition (the “Coalition”) has, without any incident or controversy, operated a homeless shelter for four decades at 64 College Avenue in Somerville. The space there, however, is outdated, cramped, and is not accessible to people with disabilities. In 2024, the Coalition and the First Congregational Church of Somerville (“FCS”), which owns a church building less than 500 feet away from the existing shelter at 89 College Avenue, reached an agreement to move the shelter to the first floor of FCS’s church. FCS came to its decision after a lengthy period of discernment in which its members unanimously determined that offering Church space to shelter and feed the homeless was an important way for them to practice and live out their faith. The new location will be a significant upgrade for shelter guests, not only because the space is being redone and will be brand new, but also because it will accommodate an additional ten beds and, unlike the existing shelter, will be accessible.
On June 13, 2024, Somerville’s building department issued a building permit to authorize the necessary renovations for the shelter. In issuing the permit, the building department determined that the homeless shelter would be an accessory use to the Church, and that, by application of the zoning protection afforded to religious educational uses by what is known as the Dover Amendment (G.L. c. 40A, § 3, para. 2), no special permit was required. Certain neighbors of the Church appealed the permit to the Somerville Zoning Board of Appeals (“ZBA”), which affirmed the permit, agreeing that the homeless shelter was protected by the Dover Amendment.
By complaint filed on September 6, 2024, three people who lived near the Church filed an appeal, in Land Court, from the ZBA’s decision, claiming that the Dover Amendment does not apply and that a special permit is required for the shelter. The Coalition, FCS, and the plaintiffs, all agreed to participate in mediation with a court-appointed mediator. The content of the mediation is confidential, but the mediation did not result in a settlement. Prior to trial, one of the three plaintiffs withdrew from the case.
The case was tried on August 26 and 27, 2025, before Land Court Judge Diane R. Rubin. Post-trial briefs and submissions were filed on October 17, 2025, and closing arguments are scheduled for November 17, 2025 at 2:00 PM. The issues for the Court to resolve are (1) whether the two remaining plaintiffs have standing to assert their challenge to the ZBA’s decision upholding the building permit (this, in turn, requires the Court to determine whether the harms that plaintiffs claim will result from the shelter are the types of harm that are within the scope of zoning and whether plaintiff has proved such harms with credible evidence) and (2) if the plaintiffs do have standing, whether the shelter is protected by the Dover Amendment.
The Coalition does not believe that it is appropriate to comment any further on the litigation until the Court issues its decision, but is confident that the trial went well and is hopeful for a positive result.
