Fire Code Issue Increases Rift Between VFW Post and Neighbors

, which was founded in 1920 and has been located on Summer Street, in Davis Square, for nearly 70 years, has walled off its basement game room with cinder blocks.

At the same time, it's scrambling to get plans approved to build yet more makeshift walls in its function room—where —in order to reduce the room's square footage.

Why?

The short answer is that the VFW post, as of Tuesday, no longer has a certificate of inspection, meaning it can't legally host functions. It needs to either install a sprinkler system, which would cost $60,000, according to Ronald Patalano, a member of the post and former post commander, or reduce the facility's official occupancy numbers. This means reducing square footage, which, in turn, means constructing makeshift walls and closing off game rooms with cinder blocks.

The longer answer is that the post is embroiled in a messy, complicated, longstanding conflict over a proposed condo development on its land that has, in the words of local Alderman Rebekah Gewirtz (Ward 6), "divided the neighborhood" and that seems to turn more sour by the month.

Certificate of inspection

The most immediate concern for the VFW post is that it needs a certificate of inspection in order host functions, such as benefit events for local police officers, birthday parties for former Marines, or Veterans Day ceremonies.

Somerville Fire Chief Kevin Kelleher, in a letter dated Oct. 24 and another communication dated Oct. 31, ordered the post to install a sprinkler system in their building, which is at the corner of Summer Street and Cutter Avenue in Davis Square; it shares a building with the .

The building is out of compliance with the Massachusetts Fire Safety Act of 2004, which says that, "in general, facilities that hold 100 patrons or more must install automatic extinguishing systems," according to the Massachusetts Department of Fire Services website. The law was enacted after a 2003 nightclub fire in Rhode Island in which about 100 people died.

"Their occupancy is over 100 and they serve alcohol," Kelleher told Somerville Patch of the VFW post. "The law is what the law is."

"It's straight forward business," he said.

Short of installing an expensive sprinkler system in an old and crumbling building the organization hopes to leave soon (see below), the VFW post can bring its occupancy levels down to below 100.

Strict formulas about square footage dictate an establishment's official occupancy level, Kelleher explained.

This is why the VFW post has built a cinder-block wall in its basement and is seeking approval to construct more walls in its function hall. If it can legally reduce its square footage and bring its official occupancy levels down to below 95, it won't need to install a sprinkler system.

As of Tuesday morning, the VFW post had not received approval from the Somerville Inspectional Services Division to move forward with its wall-building plans, but the post's commander, Bob Hardy, said at the time, "The city is putting its best foot forward, and we have nothing but praise for them."

Part of a broader conflict: condo development

The "straight forward business" of occupancy levels, certificates of inspection and sprinkler systems has brought the relationship between the VFW post and its neighbors to a low point, at least from the VFW's perspective.

"We've never had a problem with the city for 71 years," said Patalano. "We've never had a problem with the liquor license for 71 years."

In Patalano's mind, the VFW post has recently come under increased scrutiny due to its involvement in a highly contentious development proposal that would bring a 29-unit condo complex to the George Dilboy Post's land. (Some reports say it would be a 31-unit development; Patalano says the number's been dropped to 29.)

A number of neighbors are against the proposal, but "they couldn't beat the contractor, so they're coming after George Dilboy," said Patalano, who says neighbors have been calling city and state authorities to report on any violations or infringements occurring at the post. He sees the two matters as connected.

Kelleher,  Somerville's fire chief, said, "We became aware in August" of the sprinkler system compliance issue. "The neighbors were asking about a sprinkler system there."

"I received a lot of anonymous phone calls," he said.

"The neighborhood has been so vicious," Patalano said.

The development

The contentious condo development involves a somewhat complex agreement between the Dilboy Post and developers.

In short, there is the current VFW post, which shares a building with the Winter Hill Bank. Next to that, along Summer Street, is a parking lot, owned by the Dilboy Post. Next to the parking lot, still along Summer Street, is an undeveloped parcel of land owned by the developer.

With the development agreement, the Dilboy Post would give a long-term, 99-year lease to the developers to build a condo complex on the parking lot site. The developers would also construct a new building for the VFW post there. The post would give their current building to the developer, for the developer to sell, and the developer would give its current undeveloped parcel to the Dilboy Post—a land swap.

However, neighbors have complained about the density, size and design of the proposed condo development.

"The developer has decided to push through a proposal with uniform opposition from the community," said Gewirtz, the ward alderman.

"There are a lot of neighbors there who want a plan they can get behind," she said. But, "the developer refuses to work with the neighborhood."

A series of in-depth articles on Post Somerville have outlined many of the neighborhood concerns about the proposal and the developer's track record.

One neighbor who has been vocal in his opposition, Tom Bok, did not return a phone call from Somerville Patch. However, speaking on SCATV's "Greater Somerville" in May, Bok said it's the condo development that is "really the point of contention … that's where the smoke is coming from."

"The Dilboy Post is a good neighbor," he said on the show. "People feel, look, they own the parking lot, it's a zoned central business district, they're entitled to put up a new post there."

A crumbling relationship

If the Dilboy Post and local residents have been good neighbors to each other for nearly seven decades, that relationship seems to be crumbling.

Upset by what they perceive as a campaign waged against them, a campaign that is costing the post money as it strives to comply with codes that never seemed to be a problem until recently, the VFW post has hired a legal consultant.

"He's investigating these people," said Patalano. "Because we're going to sue these people. We want to know who the deep pockets are."

Asked if he felt those words could be construed as intimidating, Patalano said, "It is." He said neighbors are "anti-veteran." Many of his words seemed to be spoken in frustration. 

Gewirtz said members of the community are "very much in support of the veterans and the post."

She said, "The members of the post are rightfully upset" by the whole situation and also, "I don't think the post is to blame here."

"They deserve a new post," she said. "I'd like to see them get a new building."

Gewirtz stressed it's the size and design of the condo development, not the VFW post, that many neighbors object to.

It can't be known if those who supposedly made anonymous phone calls to the Somerville Fire Department feel the same way.

As for the post's attempts to comply with fire codes and mainatin a certificate of inspection being tied to broader issues about the condo development, "I think, unfortunatley, they have been connected," Gewirtz said. "I don't think they should be."

Meanwhile, the VFW post is scrambling comply with fire codes. Echoing Gewirtz's assessment of the whole situation, Post Commander Hardy said, "It's divided the community."