Land Court Backs First Church Somerville’s Plan for 26-Bed Homeless Shelter in Somerville, Massachusetts

A Land Court judge has ruled that First Church Somerville was within its rights to build a 26-bed homeless shelter in its basement. The judge sided with the Davis Square congregation’s position that creating the space was something “God was calling First Church” to do.

Judge Diane R. Rubin found that the project is protected under the Dover Amendment, which allows religious institutions to bypass local zoning when construction serves a religious purpose. In a 53-page decision, the judge wrote that the church grounded its decision in “spiritual reflection” and in scripture that calls on believers to shelter the unhoused and welcome strangers (Matthew 25:35).

Unless neighbors who opposed the shelter appeal the ruling, the facility will open. The Somerville Homeless Coalition will run it. Rev. Jenn Macy told Boston.com on Wednesday that the church is “glad to have this decision” and is ready to begin planning to welcome people to the shelter. Macy said the church will give neighbors 30 days’ notice before the move takes place, and the church hopes to open its doors soon.

The background to the project dates to 2024. That year, the Somerville Homeless Coalition and the First Congregational Church of Somerville agreed to move the shelter to a renovated space at 89 College Ave. On June 13, 2024, Somerville’s building department approved the renovation permit, finding the shelter was an accessory church use protected by the Dover Amendment and did not need a special permit. Neighbors appealed, but the Zoning Board of Appeals upheld the decision. On Sept. 6, 2024, two neighbors filed a case in Land Court challenging the board’s ruling.

The ruling comes after Davis Square has seen an increase in the number of unhoused people in recent years. According to the coalition’s annual survey of homelessness, as stated in court documents, the number of homeless people in Somerville quadrupled from January 2023 to January 2024, rising from nine people to about 35 to 40. The change has sparked outrage among residents and business owners, according to the report.

Before the issue went to court, the church and coalition held three community meetings. They then agreed to set up a staffed hotline and other ways for neighbors to communicate concerns to them. Macy said, “We agree with Somerville Homeless Coalition that giving people more services and access to care makes our community safer,” and added, “When all of our neighbors, housed and unhoused, are all considered equally, that’s when we will thrive as a community.”

According to court documents, the Somerville Homeless Coalition has operated a homeless shelter at 64 College Ave. for four decades. The coalition said that space is outdated, cramped, and not accessible to people with disabilities. The existing shelter hosts 16 guests and runs seven days a week from 4 p.m. to 8 a.m. It routinely has a waiting list, and the average guest stays about nine months.

Source: Read the original report