City Dismisses Appeal from Fox Club Landlord Over Zoning Code Violations

The Cambridge Board of Zoning Appeal dismissed a petition from Emma C. Wolbach, the landlord of the Fox Club’s temporary clubhouse at 6 Francis Ave., appealing fines she received after the city demanded the Fox — a Harvard final club — cease its use of the location, citing zoning violations and noise complaints.

Wolbach’s attorney argued at a Thursday BZA hearing that she should not be held liable for the Fox’s actions, saying that the club signed a lease agreeing to follow all local ordinances. Wolbach issued an eviction notice to the club on April 24 after she received multiple letters from city officials warning that the Fox was in violation of the zoning code and warning of potential fines up to $300 per day.

“There is a provision in our lease, Ms. Wolbach’s lease with the Fox Club, that they expressly agreed to be compliant with the zoning ordinance and the municipal regulation of the city of Cambridge,” said Orestes G. Brown, an attorney for Wolbach.. “When they were notified by the building inspector that they were not in compliance, they simply refused to comply.”

But Jim Monteverde, chair of the BZA, moved to dismiss the appeal on the grounds that the BZA does not have jurisdiction over relief from fines.

“There’s really nothing here for this board to decide on. We can’t. It’s not our jurisdiction,” Monteverde said, before the board’s 11 members unanimously agreed to dismiss the case.

The Fox was also scheduled to appeal their zoning code violations on Thursday, but the BZA granted their request to withdraw their appeal. Sarah L. Rhatigan, an attorney for the Fox, said she considered the matter “moot” following the dismissal of Wolbach’s appeal.

Rhatigan did not respond to a request for comment on why the club withdrew the appeal. It was unclear whether the city fined the Fox directly for their use of the space, but Cambridge City Councilor Patty M. Nolan ’80 said earlier in June that she believed the city only had the power to issue fines to the property owner, not the lessee.

Thursday’s hearing marks more than five months of controversy over the Fox’s use of the Francis Avenue property while their clubhouse at 44 JFK St. undergoes renovations. Neighbors first alleged zoning violations and filed at least eight noise complaints by Feb. 18, according to a police report obtained by The Crimson.

Cambridge Building Commissioner Peter McLaughlin first issued a cease and desist order to Wolbach on Feb. 21., alerting her that the Fox’s use of the space violated Cambridge’s zoning code, which prohibits the property from being used as a “lodge or other fraternal sororal meeting facility.”

McLaughlin sent Wolbach and the Fox letters on March 25 and 26 reiterating that the club was in violation of zoning regulations and warning that the city could begin to issue fines. After the letters, the City issued Wolbach at least two “Violation Notices” in April that included the assessment of fines.

After Wolbach’s eviction notice, which demanded the Fox vacate the premises on May 25, the club moved out on May 31. Alan D. Rose, a lawyer for the Fox, wrote in a June 7 statement that the club had “voluntarily moved out” ahead of their lease’s expiration but did not say whether the eviction had been executed.

On June 11, ahead of Thursday’s BZA hearing, Cambridge resident Stephen E. Coit ’71 circulated a Change.org petition titled “Keep Social Clubs Out Of Our Residential Neighborhoods,” which garnered 84 signatures.

“The undersigned residents of Cambridge, Massachusetts, oppose the use of a private residence in our neighborhood for the operation of a social club, lodge, fraternity or sorority,” the petition states. “We urge the Board of Zoning Appeals to deny the appeals in these two cases and instruct the City of Cambridge to support and enforce its established residential zoning ordinances.”

It is unclear whether the Fox’s usual clubhouse will be fully renovated by the start of the fall semester. Construction is currently ongoing at the site, including repainting and significant excavation.

John “Jack” T. Chilson ’25, the Fox’s undergraduate president, did not respond to multiple requests for comment on the clubhouse’s status.

—Staff writer Tilly R. Robinson contributed reporting.

—Staff writer Azusa M. Lippit can be reached at azusa.lippit@thecrimson.com. Follow her on X @azusalippit or on Threads @azusalippit.