D MY NAME IS GABRIELA CLAUDE ZAPATA DISTRICT ONE CITY COUNCILOR AND I'M THE CHAIR OF THE BOSTON CITY COUNCIL COMMITTEE ON GOVERNMENT OPERATIONS. TODAY'S JUNE 27 TO 2025 AND THE EXACT TIME IS 1122 THIS HEARING
IS BEING RECORDED. IT IS ALSO BEING LIVESTREAMED AT BOSTON DOT GOV FORWARD SLASH CITY COUNCIL DASH TV AND BROADCAST ON XFINITY CHANNEL
EIGHT RCN CHANNEL 82 AND FIVE CHANNEL 964 WRITTEN COMMENTS MAY BE SENT TO THE COMMITTEE EMAIL AT SEEK DGO AT BOSTON DOUG GOV AND WILL BE MADE A
PART OF THE RECORD AND AVAILABLE TO ALL COUNCILORS. PUBLIC TESTIMONY WILL BE TAKEN AT THE END OF THIS HEARING. INDIVIDUALS WILL BE CALLED ON IN THE ORDER IN WHICH THEY SIGNED UP AND WILL HAVE 2
MINUTES TO TESTIFY IF YOU INTERESTED IN IF YOU'RE INTERESTED IN TESTIFYING IN PERSON PLEASE ADD YOUR NAME TO THE SIGN UP SHEET NEAR THE ENTRANCE OF THE CHAMBER. IF YOU ARE LOOKING TO TESTIFY VIRTUALLY PLEASE EMAIL OUR
CENTRAL STAFF LIAISON MEGHAN AT M EAA G N DOT C0RUGEDOI BOSTON GO FOR THE LINK IN ON IN YOUR
NAME WILL BE ADDED TO THE LIST AND I JUST WANT TO THANK FOLKS FROM EAST BOSTON IN PARTICULAR WHO HAVE WRITTEN TESTIMONY WHICH IS BEING PRINTED OUT FOR MY COLLEAGUES AS WE SPEAK.
TODAY'S HEARING IS ON DOCKET 0613 PETITION FOR A SPECIAL LAW REGARDING AN ACT RELATIVE TO THE ZONING BOARD OF APPEALS. THE MATTER WAS SPONSORED BY MYSELF AND REFERRED TO THE
COMMITTEE ON MARCH 5TH, 2025. TODAY I'M JOINED BY MY COLLEAGUES IN ORDER OF THEIR ARRIVAL COUNCILOR FLYNN AND COUNCILOR FITZGERALD. I WILL ALLOW FOR OPENING
REMARKS AT THIS TIME AND I THINK THAT WE ARE GETTING A AN ABSENCE LETTER FROM COUNCILOR DURKIN. BUT FOR NOW I'LL GO TO COUNCILOR FLYNN FOR ANY OPENING REMARKS HE MAY HAVE.
THANK YOU, MADAM CHAIR. I KNOW THIS HEARING IS ABOUT MANY TOPICS INCLUDING REPRESENTATION ON THE ZBA AND ACCESS TO ELECTRONIC RECORDS
BUT AS A DISTRICT TO CITY COUNCILOR THAT REPRESENTS SOUTH BOSTON, THE CHINATOWN, THE SOUTH AND MANY OTHER AREAS BACK BAY, BEACON HILL I UNDERSTAND
AND PROBABLY HAVE BEEN TO AS MANY ZBA MEETINGS AS AS MANY AS AS MANY HAVE BUT I WOULD LIKE US TO DISCUSS SEVERAL ISSUES ONE THAT WE CONTINUE TO CONDUCT
THESE MEETINGS IS I BELIEVE THAT THEY SHOULD BE BACK IN PERSON THE ZBA MEETINGS AND AT LEAST HAVE A HYBRID OPTION THE
PLANNING BOARD, THE PLANNING BOARD MONTHLY MEETING HAS A HYBRID OPTION FOR THE PUBLIC AFTER THE PANDEMIC. AND WHILE MANY CIVIC ASSOCIATES HAVE LONG FIGURED THIS OUT, I
THINK IT IS TIME FOR US TO HAVE IN PERSON TESTIMONY WE SHOULD BE BACK IN PERSON WITH THIS OPTION. THE ATTORNEYS, PROPONENTS, CITY STAFF SHOULD BE THERE.
I THINK IT SENDS A MESSAGE ALSO TO BUSINESSES THAT BOSTON IS OPEN BUT CITY WORKERS ARE BACK . THE PANDEMIC IS OVER. WE NEED TO BRING FOOT TRAFFIC BACK.
THE OTHER ISSUE I WANT TO FOCUS ON BUT IS MEETINGS. THIS IS CONNECTED TO THE COMMUNITY PROCESS. I THINK IT'S A CONFLICT OF INTEREST IN MY OPINION WHEN
DEVELOPERS MAKE IT HAVE TO NOTIFY RESIDENTS THROUGH DROPPING LITERATURE OR A FLIER WITHIN 300 FEET IF IT'S A CONTROVERSIAL TOPIC, WHAT IS
STOPPING THEM FOR NOT HITTING EVERY HOUSE? THE CITY SHOULD BE MORE RESPONSIBLE FOR NOTIFYING THAT NEIGHBORHOOD AS SHOULD DISTRICT COUNCIL AS TO NOT JUST THE CITY.
IT'S A RESPONSIBILITY OF DISTRICT COUNCILS I WOULD SAY WITHOUT OVERWHELMING OR WITHOUT OVERWHELMING PUBLIC INPUT.
THE ZBA IS NO LONGER LISTENING TO THE RESIDENTS OR THE ELECTED OFFICIALS. WE ARE IN A HOUSING CRISIS. I WOULD ASK US THAT WE DO OUR ANALYSIS OF ALL UNITS APPROVED
ESPECIALLY ON ARTICLE 80 PROJECTS BOTH BY DISTRICT AND BY NEIGHBORHOOD. OVER THE LAST 15 YEARS MY DISTRICT HAS TAKEN A BACK SEAT ON MANY PROJECTS THAT I HAVE SUPPORTED.
THE ZBA HAS OR AGAINST KBA HAS VOTED THE OPPOSITE WAY APPROVAL APPROVAL OF ROOF DECKS IS ALMOST A RUBBER STAMP NOW BUT THE ZBA IT'S EXTREMELY
FRUSTRATING TO ME. I DO WANT TO SAY THANK YOU TO THE ADMINISTRATION TEAM THAT IS HERE BUT RESIDENTS FEEL LIKE
THEY DO NOT HAVE A VOICE AT THE ZBA THEIR VOICE IS NOT HEARD. IT'S RUBBER STAMPED AND THAT'S THE FRUSTRATION THAT RESIDENTS ARE EXPRESSING TO ME ALMOST ON
A DAILY BASIS NOT JUST IN SOUTH BOSTON BUT IN THE SOUTH AND IN CHINATOWN IN THE BAY VILLAGE, BACK BAY, BEACON HILL IN OTHER AREAS AS WELL THE SEAPORT AND FORT POINT.
LET'S LISTEN TO RESIDENTS. THANK YOU, MADAM CHAIR. THANK YOU, COUNCILOR FLYNN. WE'VE BEEN JOINED BY CITY COUNCIL PRESIDENT LOUIJEUNE. WE'LL GO TO COUNCILOR FITZGERALD FOR HIS OPENING REMARKS. THANK YOU, MADAM CHAIR. I LOOK FORWARD TO THIS HEARING TODAY.
I THINK THERE'S A LOT OF GOOD PROPOSALS IN THIS THAT WE COULD GO THROUGH. HOWEVER, THERE IS SOME CONCERNS AS WELL. BASICALLY I'LL DIVE INTO IT IN THE QUESTIONS BUT AROUND
ADMINISTRATIVE BURDENS OF SOME OF THE ASSETS THAT WE ARE MAKING IN THIS IN THIS ORDINANCE AS WELL AS CONFLICTING LEGALITIES LET'S JUST SAY IT AS THAT IN ASKING IN SOME OF THESE REPORTS AND
WHAT WE WOULD ASK THE ZBA TO DO THAT WOULD BE IN CONFLICT WITH MAYBE THEIR PRIOR DECISION AND I'LL EXPLAIN FURTHER IN THE QUESTIONS. BUT LOOK FORWARD TO IT. I COMPLETELY UNDERSTAND WHY WE'RE HERE.
I AGREE WITH COUNCILOR FLYNN THAT A LOT OF THE TIMES NOW ZBA HAS NOT PROPERLY WEIGHED THE OPINIONS OF ELECTED OFFICIALS AND AT TIMES EVEN THE ADMINISTRATION WHICH IS
CERTAINLY I THINK A BUCK FROM PAST TRENDS SO HAPPY TO BE ARE HAPPY TO HAVE IT. THANK YOU, JOE. THANK YOU SO MUCH, COUNCILOR LOUIJEUNE THANK YOU,
MADAM CHAIR AND THANK YOU FOR YOUR LEADERSHIP IN YOUR WORK ON THIS ISSUE AND THESE IMPORTANT ISSUES. I THINK THAT THERE ARE THINGS THAT I THINK WOULD BE HELPFUL
FOR THE ZBA EXPANSION MORE DIVERSITY IN TERMS OF THOUGHT. YOU KNOW, I ALSO HOPE AND BELIEVE THAT THE MORE WORK THAT WE DO ON SORT OF GENERALLY
UPDATING OUR ZONING HOPEFULLY THERE'S LESS WORK FOR THE ZBA TO DO THAT IS I THINK A GOAL THAT I THINK RESIDENTS WOULD APPRECIATE AND I THINK THAT I'LL SPEAK PERSONALLY FOR MYSELF AS AN AT LARGE CITY
COUNCILOR WHEN RESIDENTS COME TO ME. SO GETTING MORE THINGS CODIFIED SO THAT THE ZBA HAS HOPE IT MUST WORK TO DO I THINK IS REALLY IMPORTANT.
YES I LOOK FORWARD TO THIS HEARING ONE OF THE DEMONSTRATION FOR BEING HERE I KNOW THAT THESE ARE OFTEN DIFFICULT ISSUES. I KNOW THAT THERE HAVE BEEN TIMES A VERY RECENT TIME WHERE I HAVE DISAGREED WITH THE DECISION OF THE ZBA AND I KNOW
THAT IT'S THAT THEY CAN BE INCREDIBLY DIFFICULT TO MAKE DECISIONS BUT IT'S REALLY IMPORTANT IT'S IMPORTANT THAT WE BALANCE AND HEAR OUR RESIDENT VOICE VERSUS AND HOPEFULLY NOT ALWAYS A VERSUS
BUT IN LONG TERM VISIONS FOR WHAT THESES PLANS ARE AND WHAT OUR NEEDS ARE. SO THANK YOU THANK YOU FOR PUTTING THIS VERY YOU KNOW FORWARD TO DISCUSSION THANK YOU AND WE DO HAVE FOLKS FROM THE ADMINISTRATION TANIA DEL RIO
WHO'S THE COMMISSIONER OF INSPECTIONAL SERVICES AND KATHLEEN ON OFFER I'M SORRY IF I SAID THAT WRONG PLEASE FEEL FREE TO CORRECT ME. COMMISSIONER DEPUTY AND DEPUTY DIRECTOR OF YOU'RE JUST THE DEPUTY DIRECTOR OF ZONING. OKAY.
ALL RIGHT. DEPUTY DIRECTOR OF ZONING FROM THE PLANNING DEPARTMENT. I APOLOGIZE AND WE'LL GO TO YOU FOR YOUR, UH, PRESENTATION IN JUST A MOMENT. BUT I DO WANT TO LEVEL SET AND JUST PROVIDE A QUICK OPENING
STATEMENT JUST DETAILING WHAT THE PURPOSE OF THIS LEGISLATION IS. IT IS A HOME RULE PETITION AND RELATIVE TO THE ZONING BOARD OF APPEALS AND I FILED THIS TO BRING LONG OVERDUE REFORM TO
ONE OF THE MOST CONSEQUENTIAL YET HISTORICALLY OPAQUE BODIES IN BOSTON CITY GOVERNMENT THE ZONING BOARD OF APPEAL OR THE CBA. THIS PETITION IS NOT THE FIRST STEP IN THIS CONVERSATION AND
IT BUILDS ON MOMENTUM THAT BEGAN IN EARNEST BACK IN 2020 IN THE WAKE OF A PUBLIC CORRUPTION ALLEGATION. THEN MAYOR MARTY WALSH ISSUED AN EXECUTIVE ORDER INSTITUTING CRITICAL REFORM TO BOLSTER
ETHICS, MODERNIZE OPERATION AND RESTORE PUBLIC CONFIDENCE IN THE CBA. THAT EXECUTIVE ORDER INTRODUCED DISCLOSURE REQUIREMENTS, PROHIBITED CONFLICTS OF INTEREST AND POST-APPROVAL BUSINESS DEALINGS, MANDATED
ETHICS TRAININGS AND IMPLEMENTED DIGITAL TOOLS LIKE SEARCHABLE DATABASES, EMAIL NOTIFICATIONS AND ONLINE SUBMISSIONS. IT ALSO CREATED AN OMBUDSPERSON ROLE TO HELP RESIDENTS NAVIGATE
THE PROCESS BUT IT REMAINS A SUCH IT'S AN EXECUTIVE ORDER THAT DOES NOT LIVE IN STATUTE OR REGULATIONS ANYWHERE AND I WOULD LOVE TO DIVE INTO IT MY QUESTIONS OF WHAT IS CURRENTLY TAKING PLACE AT THE TIME MAYOR
WALSH EMPHASIZED THAT FURTHER CHANGE WOULD REQUIRE ACTION BY THIS BODY THE CITY COUNCIL AND HE PLEDGED TO WORK WITH THE COUNCIL THEN ON A HOME RULE PETITION TO REFORM THE COMPOSITION OF THE BOARD TO BETTER REFLECT OUR NEIGHBORHOODS AND OUR VALUES.
TODAY FIVE YEARS LATER THIS LEGISLATION IS A FULFILLMENT OF THAT CALL. THIS PETITION WOULD FORMALLY RESTRUCTURE AND MODERNIZE THE CBA BY AMENDING ITS ORIGINAL 1956 ENABLING ACT LEGISLATION
THAT HAS REMAINED STRUCTURALLY FROZEN WHILE OUR CITY HAS CHANGED DRAMATICALLY. THIS REFORM IS ABOUT RESTORING THE PUBLIC'S TRUST AND ENSURING THAT ZONING DECISIONS ARE LEGALLY SOUND, TRANSPARENT AND
GROUNDED IN COMMUNITY AND PROFESSIONAL EXPERTISE. SO IT DOES A COUPLE OF THINGS. FIRST, THIS PETITION EXPANDS THE BOARD FROM 7 TO 9 MEMBERS AND NINE ALTERNATES AND CHANGES HOW MEMBERS ARE NOMINATED AND
APPOINTED. IT CREATES A STRUCTURED PROCESS THAT BRINGS IN NOMINATIONS FROM RESPECTED ORGANIZATIONS AND ENVIRONMENTAL LAW PLANNING AND ARCHITECTURE WILL ALSO ENSURING
MEANINGFUL NEIGHBORHOOD REPRESENTATION FROM BOTH RENTERS AND HOMEOWNERS. SECOND, WE IMPLEMENT CLEAR TERM LIMITS AND GO FURTHER THAN STATE ETHICS LAWS.
NO MEMBER MAY MAY SERVE MORE THAN TWO TERMS AND MEMBERS WILL BE DISQUALIFIED FROM HEARING CASES WHERE THEY HAVE HAD ANY FINANCIAL OR LEGAL ENTANGLEMENT PAST OR PRESENT. THIRD, WE MANDATE PROCEDURAL REFORM TO IMPROVE TRANSPARENCY.
ALL HEARINGS WILL REQUIRE ELECTRONIC AND MAILED NOTIFICATION. QUARTERLY PUBLIC REPORTS WILL BREAK DOWN VARIANCE APPROVALS BY NEIGHBORHOOD AND ZONING DISTRICT INCLUDING
JUSTIFICATION WHEN A HARDSHIP STANDARD OR WHEN HARDSHIP STANDARDS ARE NOT MET. HEARINGS MUST BE MADE ACCESSIBLE WITH EVENING SCHEDULE BY REQUEST AND CANNOT OCCUR ON ELECTION DAYS. AND A SEARCHABLE VARIANCE
DATABASE WILL ENSURE DECISIONS ARE ARCHIVED AND ACCESSIBLE TO ALL. FOURTH, WE ESTABLISH A ROBUST OVERSIGHT BY THE CITY COUNCIL AND THIS IS THE SUPPLEMENT TO THE ORIGINAL HOMEOWNER PETITION THAT WAS
PASSED BY THIS BODY. BUT WE ESTABLISH A ROBUST OVERSIGHT VARIANCE REVIEW PANEL BY THE COUNCIL WHICH WILL HOLD QUARTERLY HEARINGS UNDER THE PLANNING DEVELOPMENT AND
TRANSPORTATION COMMITTEE AND WE PRESERVE A FORMAL PATHWAY FOR THE COUNCIL TO REQUEST RECONSIDERATION OF APPOINTMENTS OR PROPOSE ZONING AMENDMENTS. FIFTH, THIS LEGISLATION CENTERS
THE PUBLIC IN EVERY HEARING AN INDEPENDENT AND NEUTRAL STAFFER WILL ASSIST RESIDENTS DURING HEARINGS AND DEDICATED STAFF UNAFFILIATED WITH REAL ESTATE INTERESTS WILL ENSURE LEGAL COMPLIANCE AND PROCEDURAL
FAIRNESS. THIS LEGISLATION ALSO HONORS THE FOUNDATIONAL STANDARDS IN NGO CHAPTER 48 SECTION TEN, WHICH REQUIRE THAT ANY ZONING
VARIANCE MUST BE JUSTIFIED BY A SUBSTANTIAL HARDSHIP TIED TO THE SPECIFIC PROPERTY NO DETRIMENT TO THE PUBLIC GOOD AND NO UNDERMINING OF THE ZONING CODES INTENT. THESE ARE NOT VAGUE IDEALS THEY
ARE LEGAL THRESHOLD AND OUR ZONING PROCESS MUST BE ACCOUNTED ACCOUNTABLE TO THEM. TO BE CLEAR THIS IS NOT AN ANTI-GROWTH OR ANTI HOUSING PROPOSAL. IT IS A PROCESS FOR
TRANSPARENCY AND PRO COMMUNITY REFORM THAT STRENGTHENS THE FOUNDATIONS FOR FAIR AND EQUITABLE DEVELOPMENT. BY PASSING THIS HOMEOWNER PETITION WE FULFILL THE INTENT OF THE 2020 REFORMS AND TAKE
THE NEXT NECESSARY STEP TOWARDS PROFESSIONALIZING AND DEMOCRATIZING ONE OF THE MOST POWERFUL BOARDS IN BOSTON. THANK YOU AND I LOOK FORWARD TO THE CONVERSATION AND THE DISCUSSION.
SO NOW LET'S TURN IT OVER TO THE COMMISSIONER FOR THE PRESENTATION THAT THE ADMINISTRATION HAS PRESENTED AND PREPARED. THANK YOU. THANK YOU AND THANK YOU FOR THE
TIME. HAPPY TO BE HERE TO DISCUSS WHAT THE PROCESS IS LIKE NOW AND ANY PROPOSALS ON THE TABLE. MYSELF AND MY COLLEAGUE KATHLEEN ON BEHALF OF EIS D THE
PLANNING DEPARTMENT VERY HAPPY TO ENGAGE HERE. SO WHAT I'LL DO IS I'LL LET KATHLEEN START WITH A LITTLE BIT OF AN INTRODUCTION OF THE CONTEXT.
I CAN DESCRIBE A LITTLE BIT OF HOW INSPECTIONAL SERVICES PROVIDES ADMINISTRATIVE SUPPORT FOR THE BOARD. I JUST WANT TO REALLY CLARIFY FROM THE OUTSET THE GOVERNANCE STRUCTURE SO THAT WE COULD HAVE
A REALLY CLEAR DISCUSSION AS FAR AS THE CONTENT OF THE BOARD MEMBERS. DECISIONS I JUST WANT TO STRESS THAT THE ZBA IS AN INDEPENDENT BOARD SO CITY HALL THE
ADMINISTRATION IS THE PLANNING EMPLOYEES. WE ARE MAKING DECISIONS AS FAR AS THE PERMITTING PROCESS ON WHAT DOES AND DOES NOT COMPLY WITH THE ZONING CODE.
AND IF I USE THESE PLANNING ZONING DIVISION THE DECISION IS TO BE APPEALED THAT GOES TO THAT INDEPENDENT BOARD. SO THE CITY JUST TO BE VERY CLEAR DOES NOT CONTROL AND
COUNT HOW BOARD MEMBERS VOTE. BUT WE'RE VERY HAPPY TO TALK ABOUT THE PROCESS AND HOW WE TRAIN MEMBERS SUPPORT MEMBERS IN THEIR MISSION. SO I JUST WANT TO MAKE THAT REALLY CLEAR FROM THE OUTSET
AND PASSING IT TO MY COLLEAGUE KATHLEEN TO TALK ABOUT THE THE STATUS QUO IN THE CONTEXT. AND THANK YOU. IF WE CAN GO TO THE NEXT SLIDE AND AS COUNCILOR LOUISE
MENTIONED BEFORE BEGINNING ON ZONING REFORM IN BOSTON, 99% OF RESIDENTIAL PARCELS IN THE CITY HAD ZONING THAT FAILS TO MATCH WHAT'S THERE.
THIS IS ACTUALLY UNDERCOUNT. IT CAME OUT TO LIKE 99.6 SO TECHNICALLY WE SHOULD HAVE ROUNDED IT UP TO 100. AND THIS IS ONLY MEASURING A COUPLE OF KEY DIMENSIONS THAT
WERE EASY FOR US TO RUN GEOSPATIAL ANALYSIS AT A CITYWIDE LEVEL TO SAY NOTHING OF THE ADDITIONAL PROVISIONS IN OUR CODE. SO WITHOUT CASE BY CASE ZONING
LIKE WHAT THE BOARD OF APPEAL DOES, THE ZONING CODE EFFECTIVELY DECLARES THAT NOTHING SHOULD BUILT IN BOSTON THAT CURRENTLY LOOKS LIKE WHAT'S IN BOSTON IN OUR NEIGHBORHOODS.
THIS IS TRUE WHETHER IT'S INFILL ON A VACANT LOT SOMEONE LOOKING TO BUILD AN IDEA OR MAKING SIMPLE CHANGES LIKE ADDING A DORMER OR REBUILDING A PORCH ON YOUR HOUSE.
NEXT SLIDE PLEASE. SO PART OF WHY THIS IS PARTICULARLY IMPORTANT IS BECAUSE OF HOW THIS ZONING INTERFACES WITH EXISTING BUILDINGS INCLUDING THE TYPES OF HOMES THAT SO MANY OF US
LIVE IN. BECAUSE THE CODE DOESN'T MATCH UP WELL WITH THE CITY'S FABRIC. MOST BUILDINGS DO NOT FIT WITHIN THE SORT OF THREE DIMENSIONAL ENVELOPE THAT'S CREATED BY THE EXISTING CODE.
SO THIS IS AN EXAMPLE OF WHAT A TRIPLE DECKER IN A TWO OR 5000 DISTRICT THAT WE JUST RAN. RIGHT. WHAT WOULD THAT ZONING ENVELOPE LOOK LIKE AND WHAT ARE THE PLACES WHERE THEN A ZONING
VIOLATION WOULD BE CREATED BY A CHANGE? NEXT SLIDE. YOU KNOW HERE AS YOU LOOK AT THE ZONING ENVELOPE IT STARTS TO ASSUME THE TRIPLE DECKER IS
BIGGER THAN ALLOWED BY THE MASSING. RIGHT. THE FLOOR AREA RATIO OF THE ALLOWED ZONING ENVELOPE. THERE'S A 40 FOOT MINIMUM REAR YARD THAT THAT BUILDING MIGHT
COMPLY WITH. BUT THE BUILDING ITSELF ISN'T LOCATED IN THE PORTION OF A LOT THAT WHERE THE ZONING ANTICIPATES IT WOULD BE. THIS IS VERY COMMON ACROSS BOSTON BECAUSE OF THE GROWTH
OF DRIVEWAYS. MOST OF OUR PROPERTIES ARE LOCATED TO ONE SIDE OR THAN THE OTHER. AND THE ZONING CODE ASSUMES THAT IT'S LOCATED EQUALLY IN THE MIDDLE OF THE WAY.
SO THIS PROPERTY AND JUST THOSE EASY VIOLATIONS WOULD HAVE FRONT REAR AND SIDE YARD REQUIREMENTS THAT THE EXISTING BUILDING WOULDN'T BE ABLE TO FIT AND MAXIMUM HEIGHT LIMITS AND STOREY LIMITS THAT ARE
LOWER THAN THE THREE FLOORS OF THE EXISTING STRUCTURE. SO IF THIS HOMEOWNER WANTED TO MAKE ANY CHANGES TO THIS PROPERTY TO BUILD A RAMP TO ACCESS THE FRONT YARD TO
REBUILD THAT PORCH AND EXPAND IT OR MAKE OTHER REPAIRS WILL QUICKLY RUN INTO A SERIES OF ZONING VIOLATIONS AND NEED TO GO TO THE BOARD OF APPEAL FOR ZONING RELIEF. NEXT SLIDE PLEASE.
ALL OF THESE EXISTING NON-CONFORMING KEYS AND A CODE THAT DOESN'T REFLECT OUR EXISTING FABRIC CREATE A HIGH NEED FOR CASE BY CASE ZONING RELIEF. ROUGHLY ONE IN THREE LONG FORM
BUILDING PERMIT APPLICATIONS CITYWIDE NEED SOME FORM OF ZONING RELIEF IN ORDER TO MOVE FORWARD TO PERMITTING. AND BASED ON DATA LAST YEAR
THERE WERE ABOUT 739 CASES THAT RECEIVED DECISIONS AT THE BOARD OF APPEAL. THERE ARE OF COURSE MORE CASES THAT WENT FORWARD BUT THE BOARD REGULARLY DEFERS PROJECTS IN ORDER TO ALLOW FOR REVISIONS
PARTICULARLY IN RESPONSE TO COMMUNITY PROCESS. AND OF THOSE CASES 525 INCLUDED A VARIANCE AND I'LL GO AHEAD AND TURNED OVER TO COMMISSIONER DEL RIO TO SPEAK A LITTLE BIT
ABOUT WHERE THOSE DECISIONS ARE RECORDED ONLINE. CAN BE ACCESS WHAT THEY INCLUDE AND CAN BE UNDERSTOOD. THANK YOU. WE ARE VERY COGNIZANT AND
ACKNOWLEDGE THE NEED FOR TRANSPARENCY TO BE PARAMOUNT IN THIS PROCESS BECAUSE OF THE PAST HISTORY THAT'S BEEN TALKED ABOUT AS FAR AS TRUST IN THE BOARD AND IN THE PROCESS.
SO WE AS THE SUPPORTING DEPARTMENT FOR THE BOARD'S ACTIVITIES ARE TRYING TO EXCEL IN THAT IN THAT FRONT AND MAKE SURE THAT EVERY DECISION IS AVAILABLE.
SO FOR PEOPLE TO CONSULT IN DETAIL, WHERE CAN YOU DO THAT? THE BOARD HAS A PAGE AS PART OF INSPECTIONAL SERVICES WEBPAGE. YOU CAN GO ON A BUTTON AND
THEY'LL GO SLASH A-Z SLASH ZONING BOARD APPEAL. YOU CAN GO GO THERE TO CONSULT ALL DECISIONS BACK TO 2017. AND THEN IF YOU NEED TO SEE ANY DECISIONS PRE 2017 YOU CAN ALSO
ACCESS THOSE IN PERSON AT 1010 MASSACHUSETTS AVENUE. YOU CAN LOOK AT THE DETAILED DECISION THAT ACTUALLY WAS APPROVED BY THE BOARD FOR EVERY SINGLE PROJECT THAT HAS
RECEIVED THAT DECISION SINCE 2017 JUST ONLINE. THEY'RE ALL FILED. THEY'RE ALSO ALL AVAILABLE IN PERSON. APPROXIMATELY EACH DECISION IS GOING TO BE 5 TO 10 PAGES.
SO THAT'S THE LEVEL OF DETAIL THAT YOU WERE GOING TO HAVE AND IT EXPLAINS EXACTLY THAT WHY THE BOARD BELIEVED BASED ON THE STANDARDS OF HARDSHIP THAT WERE TALKED ABOUT THIS EXCEPTION AND
TO THE TO THE ZONING CODE SHOULD BE GRANTED. SO ESSENTIALLY EVERY PROJECT THAT IS IN THIS LIST HAS RECEIVED A REFUSAL ALREADY FOR IS FROM IS THE IN THEIR FIRST
REVIEW. OUR STAFF WENT DECIDED THAT APPLICATION WAS NOT MEETING THE ZONING REQUIREMENTS SENT IT TO THE BOARD AND THE BOARD USING THE STANDARDS IN PLACE DECIDED WE'RE GOING TO GRANT AND THEY
EXPLAIN IN 5 TO 10 PAGES WHY THEY'RE DOING THAT IN A LOT OF DETAIL. WE ALSO IN ADDITION TO THAT AVAILABLE ON THE BOSTON
PLANNING DEPARTMENT'S WEBSITE THE ZONING TRACKER WHICH SHOWS THE PROJECTS THAT ARE IN DIFFERENT STAGES OF THE PROCESS SO FROM THE MOMENT THEY FILED THEIR APPEAL THEIR APPEAL WHERE ARE THEY?
ARE THEY DOING COMMUNITY PROCESS WINS THEIR HEARING SCHEDULED? YOU CAN LOOK AT IT ON A MAP. YOU CAN CLICK ON EACH PROJECT. THEY EVEN STAY THERE AFTER THEIR DECISION HAS BEEN GRANTED FOR A WHILE SO THAT YOU CAN IF
THERE'S A PROJECT PROJECTS NEIGHBORHOOD YOU KNOW THAT YOU'RE INTERESTED IN ANALYZING YOU CAN DO THAT AT YOUR LEISURE . WHAT WE'RE GOING TO DO NOW IS
COVER LIKE DO A LITTLE BIT OF A FOCUS ON WHAT'S HAPPENED IN EAST BOSTON SPECIFICALLY SINCE REZONING WAS COMPLETED AND PLAN IS BOSTON HAS BEEN IN PLACE AND GIVE YOU A SENSE EXACTLY
OF THAT. I THINK ALL THEM WRITING ALL OF THE VARIANCES THAT HAVE BEEN GRANTED SINCE THE NEW ZONING HAS BEEN IN PLACE, WHY THEY'VE HAPPENED AND I THINK YOU'LL
AGREE THAT MOST OF THIS JUST REALLY MADE COMMON SENSE. SO I'LL LET KATHLEEN DESCRIBE ALL OF THOSE THAT HAVE HAPPENED SINCE THE NEW ZONING IS IN PLACE. GREAT. AND IF WE COULD JUST GO THROUGH
NEXT SLIDE AS COMMISSIONER DEL RIO COVERED THAT ALL OF THESE DECISIONS ARE AVAILABLE ON THE CITY'S WEBSITE HERE RIGHT BY EACH CASE. NEXT SLIDE AS YOU
COVERED THEY'RE VERY DETAILED INCLUDING PROCESS AS WELL AS LEGAL JUSTIFICATION OF HARDSHIP . NEXT SLIDE THE PLANNING DEPARTMENT ALSO MAKES AVAILABLE ALL OF ITS RECOMMENDATIONS THAT WE MAKE.
WE MAKE AN ADVISORY RECOMMENDATION TO THE BOARD OF APPEAL. MANY OTHER DEPARTMENTS ALSO ON AN AS NEEDED BASIS TO MAKE RECOMMENDATION INCLUDING THE TRANSPORTATION DEPARTMENT, THE
PARKS DEPARTMENT SOMETIMES THE MAYOR'S OFFICE OF CULTURE OR LANDMARKS AS WELL AS THE GROUNDWATER TRUST FOR SPECIFIC CASES. BUT THE PLANNING DEPARTMENT WORKS TO INCLUDE A RECOMMENDATION FOR EACH CASE
THAT GOES BELOW BEFORE THE BOARD OF APPEAL. IT INCLUDES BOTH PLANNING CONTEXT TO SPEAKS TO OVERALL PLANS AND POLICY GOALS THAT THE CITY HAS AS WELL AS SPECIFIC
TECHNICAL ZONING ANALYSIS. AGAIN WE PUT THOSE AND POST THOSE ONLINE IN ADVANCE OF THE BOARD OF APPEAL HEARINGS AND WHEN WE TRANSMIT THEM OVER TO THE BOARD OF APPEAL AND THEY
STAY AVAILABLE ONLINE FOR CONSULTATION BY THE HEARING DATE, WE ALSO MAKE REGULAR REPORTS TO THE BPA BOARD DOCUMENTING THE NUMBER OF RECOMMENDATIONS THAT WE'VE
WRITTEN IN A SORT OF EITHER SOMETIMES QUARTERLY, SOMETIMES EVERY SIX MONTHS LOOKING TO DOCUMENT COMMON TRENDS AND ANALYZE COMMON, YOU KNOW, NEEDS FOR RELIEF AS WE ADD AREAS
OF THE CODE THAT MAY NEED FURTHER ATTENTION TO BE ABLE TO MOVE FORWARD. CAN I ADD, KATHLEEN, JUST THAT THOSE RECOMMENDATIONS THAT THE PLANNING DEPARTMENT IS MAKING ARE PROVIDED IN ADVANCE TO
EVERY SINGLE BOARD MEMBER SO THEY'RE ABLE TO REVIEW THOSE TECHNICAL RECOMMENDATIONS BEFORE THEY VOTE. AND SO THE PACKET WE'VE INCLUDED FOR YOU TODAY IN ADDITION TO THE PRESENTATION INCLUDES ALL OF THE VARIANCES
THAT HAVE BEEN GRANTED IN EAST BOSTON OVER THIS PERIOD BOTH THE DECISION LETTERS THAT COMMISSIONER DEL RIO WENT OVER THAT PROVIDE THAT LEGAL JUSTIFICATION FOR EACH CASE.
LEGAL DOCUMENTATION OF PROCESS AS WELL AS THE PLANNING DEPARTMENT'S RECOMMENDATION FOR EACH ONE OF THOSE CASE BY CASE. NEXT SLIDE PLEASE.
SO WE WANT TO SPOTLIGHT EAST BOSTON ZONING REFORM IN ARTICLE 53 WHICH COVERS EAST BOSTON WAS COMPREHENSIVELY UPDATED IN MAY 2024 AS THE EFFECTIVE DATE TO
IMPLEMENT THE RECOMMENDATIONS OF PLAN EAST BOSTON WHICH WAS A YOU KNOW, LONG ALMOST FIVE YEAR LONG COMMUNITY PLANNING PROCESS THAT REALLY IDENTIFIED THE NEED
TO ADDRESS CASES AND ZONING AT THE SCALE OF NEIGHBORHOOD RESIDENTIAL BECAUSE EAST BOSTON ZONING WAS SO PARTICULARLY POORLY MATCHED AND THERE WAS SO MUCH BURDEN ON THE EAST BOSTON
COMMUNITY THROUGH THE BOARD OF APPEAL IN PART BECAUSE THERE WERE SO MANY CASES AND THAT PREVIOUS ZONING WAS SO OUT OF DATE THERE WAS A 6 TO 9 MONTH BACKLOG OF CASES THAT
WERE REVIEWED UNDER THE PRIOR ZONING. SO SOMEONE MAY HAVE SUBMITTED THEIR INITIAL PERMIT. THEY'RE SET TO ISB FOR REVIEW
AFTER MAY 21ST, 2120 24 BUT NOT ACTUALLY RECEIVED THEIR REFUSAL AND THEN GONE THROUGH THE BOARD OF APPEAL PROCESS UNTIL LATER. SO WE'VE INCLUDED THOSE IN YOUR POCKET AS CASES THAT WERE
GRANTED RELIEF UNDER THE PREVIOUS ZONING. THERE WERE 11 OF THOSE CASES AND WE'RE NOT GOING TO GO THROUGH THOSE IN DETAIL TODAY BECAUSE PART OF THE GOAL OF WRITING THIS UPDATED ZONING WAS TO SOLVE SO MANY OF THE
PROBLEMS OF THE ZONING THAT POORLY ALIGNED WITH THAT AREA. NEXT SLIDE PLEASE. SO THE VARIANCE IS THAT THERE HAVE BEEN NINE VARIANCES
GRANTED UNDER THE REFORM ZONING IN EAST BOSTON. EIGHT OF THOSE CASES WERE FOR EXISTING BUILDINGS AS PART OF SEVEN PROJECTS. ONE PROJECT INCLUDED TWO
BUILDINGS AND SO HAS TWO CASE NUMBERS ASSOCIATED WITH IT. FIVE OF THESE CASES INVOLVED NO SIGNIFICANT CHANGES TO THE EXISTING BUILDING SO INTERIOR ONLY CHANGES.
ONE INVOLVED A MINOR ADDITION TO AN EXISTING BUILDING AND A DORMER AND TWO INVOLVED A NEW CONSTRUCTION ON TOP OF AN EXISTING BUILDING.
ONE WAS FOR A DIGITAL BILLBOARD AND THE RULES FOR BILLBOARDS AND SIGNAGE DID NOT CHANGE WITH THE EAST BOSTON UPDATES THEY STAY SORT OF FORBIDDEN AND SUBJECT TO CASE BY CASE REVIEW BY THE BOARD OF APPEAL ACROSS
THE CITY. WHILE THERE HAVE BEEN THREE ARTICLE 80 PROJECTS APPROVED BY THE BPA BOARD THAT ARE COMPLIANT WITH THE UPDATED ZONING. WE'RE NOT GOING TO WALK THROUGH
THOSE TODAY BECAUSE AS A PROJECT THAT IS COMPLIANT WITH ZONING IS NOT SUBJECT TO THE AUTHORITY THE BOARD OF APPEAL. NEXT SLIDE PLEASE. SO THE FIRST PROJECT IS AT EIGHT BROOK STREET.
THIS IS NOW IN AN EPR THREE ZONING DISTRICT. THIS WAS A RENOVATION AND ADDITION OF THAT EXISTING MID-BLOCK COMMERCIAL BUILDING AT A LOT OF JULIO'S.
IN ORDER TO BUILD NEW HOUSING ON TOP AND RECONSTRUCT AND RETAIN THE GROUND FLOOR USE IN THE ABR THREE ZONING DISTRICT AND THIS WAS THE RESIDENTIAL
USE WAS ALLOWED THE PROPOSED HEIGHT OF THE BUILDING WAS ALLOWED BUT THE DIMENSIONS OF THAT EXISTING GROUND FLOOR BUILDING AND THE PRESENCE OF A MID-BLOCK COMMERCIAL USE WERE NON-CONFORMING.
SO THE NEW ZONING ALLOWS FOR COMMERCIAL USES ON CORNER LOCATIONS NOT FOR MID-BLOCK YOU KNOW IN THE PLANNING DEPARTMENT IN REVIEWING THIS LOOKED AT BOTH THE SIGNIFICANT FOCUS ON ANTI DISPLACEMENT INCLUDING
OF COMMERCIAL TENANTS AND SMALL BUSINESSES AND IN PLANNING AS BOSTON AND THE DESIRE TO CONTINUE TO MAINTAIN SOME OF THOSE IMPORTANT COMMERCIAL
SPACES AND IN WHEN SORT OF REDEVELOPMENT HAPPENS. AND SO THESE VARIANCES WERE FOR THE CONTINUATION OF THE EXISTING DIMENSIONAL NONCONFORMITY EASE OF THAT
GROUND FLOOR SPACE FOR BLOCK COVERAGE AND TO CONTINUE THE MID-BLOCK NON-CONFORMING RESTAURANT USE. SO THE PLANNING DEPARTMENT IN WEIGHING THAT RECOMMENDED APPROVAL AND THE ZBA VOTED TO
APPROVE. NEXT SLIDE PLEASE. THE NEXT PROJECT WAS AT 531 BENNINGTON STREET. THIS IS IN AN EPR FOR ZONING DISTRICT THAT ALLOWS FOR FOUR
STOREY BUILDINGS. THIS WAS A PROJECT THAT WAS DOING EXTENSIVE RENOVATION AND THEN ADDING ON TO THE TOP OF ANY EXISTING BUILDING IN ORDER TO EXPAND THE SCALE OF A
HOUSING UNIT THERE. SIMILARLY, THIS BECAUSE OF THE EXISTING BUILDING THIS HAD A CONTINUATION OF EXISTING NONCONFORMITY AND THEN PARKING SATISFYING THE ZONING
PARTICULARLY FOR THE PARKING VIOLATION OR TO GET RID OF THOSE EXISTING NONCONFORMITY WOULD WHATEVER REQUIRED DEMOLISHING THE EXISTING BUILDING. AND THROUGHOUT PLANNING AS BOSTON AND I WOULD SAY
THROUGHOUT EVERY NEIGHBORHOOD OF THE CITY WE HEAR HOW IMPORTANT PRESERVATION PARTICULARLY OF OUR RESIDENTIAL BUILDING STOCK IS. AND SO IT IS NOT SOMETHING THAT
WE LOOK TO SUPPORT ACROSS ANY REQUESTS FOR, YOU KNOW, ANTICIPATING WHAT THINGS LOOK LIKE. THE PLANNING DEPARTMENT RECOMMENDED APPROVAL IN THIS CASE AND THE BOARD OF APPEAL APPROVED IT. NEXT SLIDE PLEASE.
AT 336 MERIDIAN STREET THIS IS ANOTHER EXISTING BUILDING AND EPR FOR ZONING DISTRICT. THIS IS AN EXISTING BUILDING THAT WAS BEING RENOVATED AND
CONVERTED FROM THREE UNITS TO FOUR UNITS AND IN THE EPR FOR DISTRICT FOR UNITS IS AN ALLOWED USE. THIS HAD THE SAME SET OF VIOLATIONS AROUND CONTINUATION OF AN EXISTING NONCONFORMITY IN THE BUILDING
AND THE PARKING TO ALLOW THE FOURTH UNIT. AND LIKE THE LAST CASE SATISFYING THAT ZONING REQUIREMENT WOULD HAVE REQUIRED DEMOLITION OF THE EXISTING BUILDING. IN ADDITION TO THE CHALLENGE
OF DEMOLITION OF THE EXISTING BUILDING BECAUSE THIS BUILDING HAS A ZERO PARTY WALL CONDITION ,THIS IS PARTICULARLY TERRIBLE TO TYPE OF DEMOLITION IN TERMS OF DISRUPTION OF ITS NEIGHBORS
AND THE IMPACTS THAT THAT WOULD . SO THE PLANNING DEPARTMENT RECOMMENDED APPROVAL OF GRANTING THESE VARIANCES AND THE BOARD OF APPEAL APPROVED IT WITH DESIGN REVIEW LOOKING TO
CONFIRM THE EXTENSION OF LIVING AREA INTO THE BASEMENT PROCEEDED EFFECTIVELY. NEXT SLIDE PLEASE. THE NEXT PROJECT IS TWO
SEPARATE BOARD OF APPEAL CASES AT 1 TO 8 ORLEANS STREET AND 1 TO 4 PERCIVAL PLACE. THIS IS LOCATED IN THE EPR FOR ZONING DISTRICT AND IS TO EXISTING BUILDINGS ONE OF WHICH
IS LOCATED BEHIND THE OTHER ALREADY. THIS PROJECT WAS LOOKING TO SUBDIVIDE TO CREATE TWO SEPARATE LOTS INCLUDING MEMORIALIZING THE ACCESS EASEMENT FOR THE BUILDING
THAT'S LOCATED BEHIND IN ORDER TO CONTINUE TO PROVIDE EFFECTIVE ACCESS TO IT. THE PROPOSED SUBDIVISION DID NOT ANY OF THE EXISTING NONCONFORMITY FOR THIS ARRANGEMENT OF BUILDINGS AND
THEN WITHOUT ZONING RELIEF AGAIN THE DEMOLITION OF THESE BUILDINGS WOULD BECOME NECESSARY FOR COMPLIANCE. SO THE PLANNING DEPARTMENT RECOMMENDED APPROVAL OF THIS SUBDIVISION AND THE BOARD
OF APPEAL APPROVED IT. NEXT SLIDE PLEASE AT 609 TO 611 BENNINGTON STREET. THAT'S THE STORY BLUE SORT OF TRIPLE DECKER MISSING A
FLOOR THAT YOU SEE IN THAT FIRST PHOTO LOCATED IN EB FOUR ZONING DISTRICT. THE BROOKS CHARTER SCHOOL IS LOCATED AT THE CORNER OF BENNINGTON AND BYRON STREET AND SORT OF WRAPS AROUND BEHIND THIS PROPERTY.
THEY HAD ACQUIRED THIS PROPERTY AND WE'RE LOOKING TO CHANGE THE USE OF THE BUILDING TO ALLOW THEIR OWN CHARTER SCHOOL TO EXPAND PROVIDE ADDITIONAL CLASSROOM AND OFFICE SPACE. THE SCHOOL WASN'T ALLOWED USE
IN THE EPR FOR ZONING DISTRICTS BUT THE EXISTING BUILDING HAD A NON-CONFORMING REAR YARD RELATED TO THE THE DIVISION OF THE LINE OF PROPERTY BETWEEN
THIS PROPERTY AND THE SCHOOL. AND ONCE AGAIN WE HAD A PARKING VIOLATION LIKE THE OTHER CASES SATISFYING THIS PARKING VIOLATION OR CHANGING THIS VERY
HARD VIOLATION WOULD REQUIRE DEMOLITION OF THE EXISTING BUILDING SUPPORTS AND IMPORTANT COMMUNITY DESTINATION USE THAT'S VERY APPROPRIATE IN THE DISTRICT. SO THE PLANNING DEPARTMENT RECOMMENDED APPROVAL AND THE
BOARD OF APPEAL APPROVED THIS REQUEST REQUEST FOR RELIEF. NEXT SLIDE PLEASE. 255 WEBSTER STREET IS LOCATED IN THE R THREE ZONING DISTRICT OF EAST BOSTON.
THIS WAS AID TO A HOME THAT WAS LOOKING TO ADD A DORMER AND A THIRD FLOOR CANOPY OVER ITS ENTRANCE TO THE DOOR FRONT DOOR THERE. THE EXISTING PROPERTY AS YOU
CAN SEE LOOKING AT ITS NEIGHBORS HAD A SIDE YARD VIOLATION AND THE ADDITION OF THE DORMER AS IT ALLIANCE WOULD CONTINUE AND EXTEND THAT SIDE VIOLATED AND UP TO THE THE
THIRD FLOOR COMPONENT THE PLANNING SIMILAR TO THESE OTHER CASES IN ORDER TO AMELIORATE THE SIDE YARD VIOLATION THE PLANNING WOULD HAVE REQUIRED DEMOLITION NOW SOME OF THE EXISTING BUILDING.
SO THE PLANNING DEPARTMENT RECOMMENDED APPROVAL AND THE BOARD OF APPEAL APPROVED THE STORM LOCATED ON THE BUILDING. NEXT SLIDE PLEASE. AND TWO OF SIX CHELSEA STREET.
THIS IS THE EPR THREE ZONING DISTRICT. THIS WAS LOOKING TO SUBDIVIDE A PROPERTY RE SUBDIVIDE A PROPERTY LINE BETWEEN TWO NEIGHBORING BUILDINGS TRIPLE
DECKER WITH THE TANDEM THAT YOU SEE AND THE THREE STOREY MASONRY BUILDING PREVIOUSLY THE DRIVEWAY WAS SHARED BETWEEN THESE TWO PROPERTIES AND THIS
SUBDIVISION LOOK TO MOVE THE DRIVEWAY INTO THE SOLE OWNERSHIP OF THE TWO OR FOUR BUILDING LOCATED AT TWO OR FOUR CHELSEA STREET SO NOTHING PHYSICALLY CHANGED IN THESE BUILDINGS.
IT WAS JUST A MEMORIALIZATION OF THE DIFFERENT LOT BY NO LONGER HAVING THAT PROPERTY LINE DOWN THE MIDDLE OF THE DRIVEWAY WHILE STILL HAVING THE SAME DISTANCE BETWEEN THE BUILDINGS THAT THE BUILDING THE
TEN TRIPLE DECKER THAT NO LONGER HAD A SIDE YARD RIGHT. THE LINE LOT LINE BECAME LOCATED NEXT TO THE BUILDING AND SO THIS CREATED A SIDE YARD VIOLATION FOR THAT BUILDING BECAUSE THIS HAD THE BENEFIT
OF MOVING ACCESS INTO SOLE CONTROL OF A PROPERTY. IT MADE NO CHANGE TO THE PHYSICAL ENVIRONMENT OF THE TRIPLE DECKERS THE PLANNING DEPARTMENT RECOMMENDED APPROVAL
AND THE BOARD OF APPEAL APPROVED THIS CHANGE. AND ONE MORE SIGN FINALLY THERE IS A BUILD CONSIDERATION OF A BILLBOARD ALONG 423 WILLIAM
MCCLELLAN HIGHWAY. THIS IS LOCATED IN THE COMMUNITY PROTECTION ZONING DISTRICT. THIS WAS TO MODERNIZE AND CONSOLIDATE A SERIES
OF EXISTING BILLBOARDS INTO A DIGITAL BILLBOARD. AS I HIGHLIGHTED PREVIOUSLY, RULES FOR SIGNAGE WERE NOT PART OF CHANGES TO ZONING AND THE CITY HAS A CONSISTENT CITYWIDE APPROACH THAT NEW BILLBOARDS
REMAIN FORBIDDEN ACROSS THE CITY. AS A RESULT, THE PLANNING DEPARTMENT RECOMMENDED DENIAL OF THIS PROJECT THE BOARD OF APPEAL AND CONSIDERING THIS AS DETAILED IN THE DECISION
LETTER LOOKED AT AN APPROVAL WITH PROVISO THAT ALLOWED FOR CONSOLIDATION OF TWO EXISTING BILLBOARDS ON THE SITE AND ASKED THE PROPONENT TO EXPLORE
SUSTAINABLE STRATEGIES AND OPERATING ELECTRONIC BILLBOARD INCLUDING SOLAR POWER. THOSE ARE ALL OF THE VARIANCES THAT HAVE BEEN GRANTED FROM UPDATED ZONING IN EAST BOSTON SINCE THE ADOPTION OF THE
UPDATED ZONING. I'M SORRY TO INTERRUPT. DO YOU HAVE SOMETHING ON THERE'S ALREADY SOME DISCREPANCIES WITH THE LIST THAT I HAVE 36 LATE IN STREET THAT WAS APPROVED SO THIS DOES ONLY INCLUDE THREE DECISIONS
THAT HAVE BEEN RECORDED AND SINCE WHEN WE THEY WILL NOT INVOLVE CASES FROM THE LAST TWO WEEKS WHERE THE DECISIONS HAVE NOT BEEN FULLY RECORDED AND ALSO IN ORDER TO ALLOW OUR
STAFF TIME IN ORDER TO BE ABLE TO PULL ALL OF THE SORT OF INFORMATION AND BE ABLE TO PROVIDE IT TO YOU HERE TODAY. OKAY. SO NOTHING ON THINGS THAT ARE ALREADY IN THE PIPELINE TO A 69
SARATOGA STREET 36 LEIGHTON STREET THERE'S A LOT MORE SO THERE'S MANY CASES THAT ARE FOR CONSIDERATION AND BECAUSE OF THE COUNCIL ORDER BEFORE YOU
WAS ASKING FOR REPORTS ON VARIANCES GRANTED AS VERY WE THOUGHT IT WAS VERY IMPORTANT TO BRING YOU FACTUAL INFORMATION ON THE VARIANCES GRANTED THERE ARE OF COURSE 18
CASES CONSIDERED BEFORE THE BOARD OF APPEAL THAT WOULD BE DEFERRED RIGHT IN CASES OR MAY HAVE BEEN DENIED BUT THESE ARE WHAT WE'VE IDENTIFIED AS VARIANCES. GRANTED WE ARE VERY HAPPY TO
CONTINUE RIGHT BECAUSE THE BOARD OF APPEAL, THE BOARD OF APPEAL CONSIDERED CASES AND VARIANCES IN EAST BOSTON ON TUESDAY RIGHT THIS WEEK I BELIEVE GRANTED THAT I KNOW YOU
AS A COUNCILOR BOTH WERE IN SUPPORT OF IT DOES REQUIRE A CONTINUOUS UPDATING IN ORDER TO KEEP THESE UP TO DATE AND. I THINK PART OF WHY WE'VE
ATTEMPTED TO REALLY DETAIL TIME PERIOD THAT WE'RE COVERING AND THIS IS BECAUSE OF THAT FACT OF THE THE HEAVY CASELOAD THAT THE BOARD OF APPEAL UNDERGOES. SO JUST TO CLOSE OUR
PRESENTATION, WE'RE VERY HAPPY TO ANSWER QUESTIONS AGAIN CLARIFYING THE STAFF ESPECIALLY INSPECTIONAL SERVICES WE SERVE AS THE ADMINISTRATIVE SUPPORT
FOR THIS BOARD AND IN THAT WE AIM TO CREATE AN ENVIRONMENT AND THE KNOWLEDGE BASE FOR MEMBERS TO MAKE THE BEST DECISIONS POSSIBLE ON WHETHER THEY'RE GOING TO OVERTURN OR
SUPPORT THE ZONING DECISION THAT IS THE PLANNING REVIEWERS HAVE MADE IN THAT IN THAT GOAL WE HAVE WE ARE ALREADY PROVIDED THE PROVIDING THE REQUIRED CONFLICT OF INTEREST TRAINING
IN THE LAST YEAR AND A HALF WE STARTED TRAINING THEM. WE'VE TRAINED THEM IN PARTNERSHIP WITH MY WONDERFUL COLLEAGUES AT PLANNING ON A FEW TOPICS AND ARE ALWAYS LOOKING TO DO MORE BUT THEY'VE BEEN
TRAINED SPECIFICALLY ON PLAN EAST BOSTON, CHARLESTOWN USE THEY HAVE BEEN TRAINED ON THE MOST RECURRING QUESTIONS AND ASPECTS REGARDING DECKS AND A
HOST OF OTHER QUESTIONS THAT THEY THAT THEY ASK IN ALL OF THESE TRAININGS THAT MEMBERS ARE VERY ENGAGED. BUT AGAIN, YOU KNOW THEY ARE AN INDEPENDENT BOARD FOR A REASON
. SO WE OUR ROLE IS TO CREATE AN ENVIRONMENT IN WHICH THEY CAN MAKE THEIR DECISION IN A AS MOST INFORMED WAY AS POSSIBLE. WE ARE ALSO PROVIDING THE STAFF
MEMBER SUPPORT AS FAR AS THE OMBUDSPERSON BUT ALSO BROADER SUPPORT THROUGH MANY MEMBERS WHO REALLY WORK HARD ON PROVIDING THAT ADMINISTRATIVE SUPPORT TO MAKE SURE THE NOTICE REQUIREMENTS ARE FULFILLED TO
ANSWER QUESTIONS OF PEOPLE WHO ARE SUBMITTING THEIR APPEALS AND ARE AT THE READY TO SUPPORT ANY CONSTITUENT THAT HAS QUESTIONS. SO YEAH, WITH THAT I'LL CLOSE AND BE HERE TO ANSWER ANY
QUESTIONS. THANK YOU AND THANK YOU SO MUCH FOR YOUR PRESENTATION AND I DON'T KNOW IF I MISSED IT IS 36 COTTAGE STREET IN THIS PRESENTATION SO IT IS INCLUDED IN YOUR POCKET THERE AS PART
OF THE 11 CASES THAT WERE GRANTED RELIEF IN THIS TIME PERIOD BUT WERE REVIEWED UNDER THE PREVIOUS UNDER FORM ZONING . OKAY SO THEY WERE SO THAT MAKES SENSE. IT WAS A PART OF THE 11 YEAH
OKAY SO THERE WAS 11 IN ADDITION TO YES AND THOSE ARE ALL INCLUDED IN THE PHYSICAL PACKET OF BOTH THE RECOMMENDATIONS AND THE DECISION. I'M NOT SURE IF FOLKS GOT THAT SO WE'LL JUST MAKE SURE THAT
IT'S MOVING SO THAT AND SO THAT TO BE CLEAR WE THE ZONING THAT THEY'RE THAT WE REVIEW UNDER DEPENDS ON THE DATE THAT THE APPLICANT SUBMITTED THEIR APPLICATION SO IF THEY
SUBMITTED BEFORE I FORGET THE DATE OCTOBER 1ST 2024 GENERALLY MADE FIRST THANK YOU MAYBE IF THEY SUBMITTED BEFORE THAT DATE THEY ARE REVIEWED UNDER THE PRIOR ZONING IF THEY SUBMITTED
EVEN A DAY AFTER THAT DATE THEY'RE UNDER THE NEW ZONING AND THAT CAUSED A LOT OF CONFUSION WITH PEOPLE BUT THAT'S THAT'S WHY THOSE TWO ARE UNDER THE OLD ZONING. EXCELLENT AND I DO JUST WANT TO CALL OUT THAT THERE ARE A LOT
OF PROJECTS THAT ARE IN THE PIPELINE RIGHT NOW THAT HAVE BEEN DEFERRED. I WOULD SAY THAT THERE IS AT LEAST JUST BASED ON OUR LIST AND THANKS TO MY STAFF WHO IS INCREDIBLE THEY GO TO THESE MEETINGS EVERY SINGLE WEEK. IT SEEMS LIKE THEY'RE SIX
PARTICULARLY IN EAST BOSTON AND THEY KEEP DILIGENT NOTES THERE'S ABOUT A DOZEN MORE THAT ARE IN THE PIPELINE THAT ARE ACTIVELY TRYING TO POKE HOLES IN THIS REFORM ZONING. SO I APPRECIATE YOUR YOUR
PRESENTATION. IT PROVIDES A FULL PICTURE. I ALSO WANT TO PROVIDE THE FULL CONTEXT THAT WE ARE ACTIVELY STILL FIGHTING THIS AT ALMOST EVERY SINGLE ZBA HEARING. AND SO AGAIN, I APPRECIATE YOUR
PRESENTATION. I DON'T HAVE THE EXACT NUMBER WHILE FOLKS ARE ASKING QUESTIONS AND I DO WANT TO GO TO MY COLLEAGUES FOR ANY QUESTIONS THEY MAY HAVE AND JUST CALL OUT SOME FOLKS THAT WERE HERE. I'LL GET THE FULL NUMBER FOR FOLKS TO PROVIDE THAT BROAD
PICTURE. I WANT TO SAY THAT WE'VE BEEN JOINED BY COUNCILOR WEBER AND COUNCILOR MEJIA. I WILL GO TO MY COLLEAGUES FIRST FOR THEIR LINE OF QUESTIONING AND THEN I WILL I HAVE A BUNCH OF QUESTIONS.
SO I DO WANT TO BE RESPECTFUL OF THEIR TIME. COUNCILOR FLYNN. THANK YOU, MADAM CHAIR. MADAM CHAIR, I DON'T KNOW IF IT WOULD BE THROUGH YOU OR TO THE ADMINISTRATION BUT I WOULD LIKE TO GET A BREAKDOWN OF APPROVED
UNITS IN ARTICLE 80 PROJECTS BY DISTRICT ENABLE IT OVER THE LAST TEN YEARS. IS THAT SOMETHING I COULD REQUEST THROUGH YOU? WHAT FOR THE CHAIR? YES, COUNCILOR. FINE.
OKAY, WE'LL DO THAT. OKAY. THANK YOU. WHEN IS WHEN IS THE ZBA GOING TO BE CONDUCTING THEIR HEARINGS
IN PERSON WERE WE HAVE THE STATE LEGISLATION APPROVED RECENTLY ALLOWS FOR VIRTUAL HEARINGS THAT IS I JUST WANT TO SAY I HEARD YOUR COMMENT
EARLIER COUNCILOR NOTING IT THE BOARD MEMBERS HAVE EXPRESSED CONCERN ABOUT THAT THEY DO HAVE A PREFERENCE FOR VIRTUAL HEARINGS AND I THINK WE WOULD JUST HAVE A LITTLE MORE TROUBLE
RECRUITING MEMBERS IF WE WENT IN-PERSON NOT TO SEE IT'S NOT POSSIBLE BUT CURRENTLY WHERE WE'RE VIRTUAL WE ARE. I WANT TO ADD THOUGH THAT WE DO AS A STAFF HAVE THE CAPABILITY OF MOVING TO IN-PERSON OR
HYBRID. WE ARE FLEXIBLE BUT CURRENTLY THE THE THE BOARD IS VIRTUAL. I UNDERSTAND THE PLANNING DEPARTMENT HAS AN IN-PERSON NOW
BUT I DO THINK HAVING IN-PERSON ZBA IS IMPORTANT. IT'S A MESSAGE THAT BOSTON IS OPEN. WE'RE OPEN FOR BUSINESS. THE PANDEMIC IS OVER. I'M TRYING TO ENCOURAGE PEOPLE
ESPECIALLY BUSINESSPEOPLE AND RESIDENTS TO COME BACK TO DOWNTOWN BOSTON LAWYERS COME HERE. LAWYERS COME HERE, ARCHITECTS COME HERE AT THE ZBA AT THE BPA.
I WANT THEM TO BE IN THIS BUILDING AND THEN TO GO ACROSS THE STREET AND HAVE DINNER OR HAVE LUNCH WHATEVER THEY DO. BUT I WANT TO SEE PEOPLE COMING INTO DOWNTOWN BOSTON.
I THINK IT WILL SEND A MESSAGE THAT BOSTON'S OPEN. I'M TRYING TO GET PEOPLE BACK INTO THE FINANCIAL DISTRICT AND THEY'RE SAYING TO ME AND I'M SAYING THIS TO BUSINESSES THE RED WALL WILL COME BACK BUT WHY
DON'T YOU TELL YOUR OWN FELLOW EMPLOYEES TO COME BACK TO? AND I SAID WELL, I'M TRYING I'M TRYING TO GET THEM BACK SO I WOULD I WOULD REALLY LIKE TO
SEE ZBA COME BACK IN PERSON. LET ME ASK LET ME ASK ANOTHER QUESTION. RESIDENTS HAVE EXPRESSED TO ME I DON'T KNOW IF THEY
EXPRESSED TO OTHER CITY COUNCIL ESPECIALLY DISTRICT COUNCILORS WHEN THEY'RE RAISING THEIR HAND IN THEY ARE NOT CALLED. THAT'S DISCOURAGING WHEN THERE'S PUBLIC TESTIMONY.
IS THAT A CONCERN THAT YOU HAVE ? ABSOLUTELY. WE WE ARE REQUIRED TO TAKE IN THE PUBLIC COMMENT. I THINK THAT THERE HAS BEEN AN INSTANCE OR TWO WHERE THAT HAPPENED.
I'M HAPPY TO REPORT BACK THAT WE JUST FINISHED HIRING OUR THIRD COMMUNITY LIAISON. ONE OF THEM IS GOING TO PLAY THAT ROLE OF THE ZIBI AMBASSADOR AND HAS BEEN THOROUGHLY TRAINED AND DIRECTED
TO MAKE SURE THEY PAY ATTENTION TO CALLING ON EVERY SINGLE CONSTITUENT THAT WANTS TO BE HEARD. THAT IS THAT IS A MUST. SO YES, IT IS DEFINITELY A CONCERN.
ROOF DECKS. WHY DO WE KEEP GIVING ON THE FROM THE ZONING CODE TO HELP INDIVIDUALS OVER THE NEIGHBORHOOD QUALITY OF LIFE. ROOF DECKS FOR ME AS A DISTRICT
COUNCILOR ARE A NUISANCE. I GET CALLS ALL THE TIME ESPECIALLY IN THE SUMMERTIME OF PEOPLE HAVING PARTIES ON ROOF DECKS AND THEN IT'S MY RESPONSIBILITY TO TO DEAL WITH
IT. WHY IS THERE RELIEF FOUR ROOF DECKS FOR PEOPLE THAT ARE GOING TO JUST PARTY? ALTHEA THAT'S NOT THAT'S NOT A CRITICAL NEED TO HAVE A ROOF
DECK TO BUILD HOUSING. IT'S A QUALITY OF LIFE ISSUE. CAN YOU WORK WITH ME WHEN I MAKE A RECOMMENDATION? I KNOW WHAT I'M SPEAKING ABOUT WHEN I OPPOSE A PROJECT BASED
ON A ROOF DECK BUT IT'S SOMETIMES OR OFTEN THE CBA DOESN'T RESPECT THAT. CAN YOU HELP ME WITH THAT? I MEAN I JUST JUST WANT TO
RESTATE THAT IT IS THE BOARD MEMBERS DISCRETION TO VOTE WHICH WAY THEY VOTE. I KNOW THAT WE DO PROVIDE THE RECOMMENDATIONS AND THOROUGH WE HAVE TRAINED ON THIS BUT I DON'T KNOW IF YOU WANT TO TALK
ABOUT SPECIFIC. YEAH I MEAN I THINK BUT TO REITERATE AS COMMISSIONER DEL SAID THE THE BOARD IS AN INDEPENDENT REGULATORY BODY WHEN THE PLANNING DEPARTMENT
LOOKS AT THE APPROPRIATENESS OF A ROOF DECK WE'RE LOOKING AT BOTH THE GUIDELINES OF WHAT HAVE BEEN WRITTEN INTO THE CODE AROUND SORT OF SETBACKS RATE THE PREVALENCE OF ROOF ATTACKS ON A BLOCK IF YOUR
NEIGHBOR HAS A ROOFTOP GENERALLY RIGHT IT FROM A FAIRNESS PERSPECTIVE THAT BUT THAT'S WE WE READ BUT WHEN WE ARE LOOKING RIGHT AT OUR
PROPOSAL WE ARE LOOKING AT THE PHYSICAL PLANS AND EVALUATING THE APPROPRIATENESS OF THE PHYSICAL PLAN. SO YOU ALSO FREQUENTLY SEE US MAKE RECOMMENDATIONS THAT ARE BASED ON OUR UNDERSTANDING OF BUILDING CODE AND ACCESS.
THAT'S AN IMPORTANT REASON WHY PUBLIC TESTIMONY AND YOUR TESTIMONY AS A COUNCILOR IS AT THE BOARD IS TO BE ABLE TO PROVIDE FULLER PICTURES THAT ARE NOT ABOUT THE SORT OF BUILT ENVIRONMENT OR THE SPECIFIC
REQUEST VERSUS IF IT'S IF IT'S OUT OF COMPLIANCE AND IT SHOULD NOT BE APPROVED IN HAVING A ROOF DECK NEXT TO A MOTHER THAT'S TRYING TO GET HER CHILD
TO SLEEP SO THAT HER CHILD CAN GET TO SCHOOL THE NEXT MORNING SO THE CHILD WON'T BE TIRED OR AN ELDERLY PERSON THAT IS TRYING TO GET SOME SLEEP. THEY NEEDED SLEEP.
A PERSON WITH DISABILITY IS SOMEONE THAT NEEDS TO BE UP AT WORK THAT'S ON THE DISTRICT COUNCIL. THAT'S THE RESPONSIBILITY OF THE DISTRICT COUNCIL PEOPLE
DON'T SAY WELL IT'S THE ZONING BOARD MEMBERS THAT YOU KNOW, CALL THE ZONING BOARD MEMBERS ABOUT YOUR QUALITY OF LIFE. YOU DON'T DO THAT. YOU CALL THE DISTRICT CITY COUNCIL AND COMPLAIN RIGHTFULLY
SO BUT I'M THE ONE THAT DEALS WITH THAT. I'M THE ONE THAT DEALS WITH THAT ISSUE BECAUSE THAT'S THAT'S MY JOB. IT'S QUALITY OF LIFE ISSUES. BUT ZEBA KEEPS APPROVING THESE
ROOF DUCKS AND IT'S FRUSTRATING TO ME. WHY IS IT FRUSTRATING TO ME? BECAUSE IT'S FRUSTRATING TO MY CONSTITUENTS THAT ARE TRYING TO GET THEIR LITTLE KIDS TO SLEEP AND MANY PEOPLE KNOW WHEN YOU HAVE LITTLE KIDS THE MOST
IMPORTANT THING IS TO GET THEM TO SLEEP EARLY SO THAT THEY CAN BE FRESH FOR SCHOOL THE NEXT MORNING AND IT'S RUDE. IT'S DISRESPECTFUL TO BE OUT PARTYING BUT WE CAN'T BE GIVING
PEOPLE RELIEF FOR A ROOF DUCK IN MY OPINION THAT'S A TRAVESTY NOW I KNOW BUT IT'S IT'S FRUSTRATING TO ME, MADAM CHAIR,
THAT IT THE ZBA DOESN'T UNDERSTAND THESE QUALITY OF LIFE ISSUES AND THEY CONTINUE TO ALLOW ROOF DECKS KNOWING THAT IT'S IMPACTING PEOPLE'S QUALITY OF LIFE AND
YOU BLAME YOU BLAME THIS DISTRICT CITY COUNCIL I YOU BLAME THE MAYOR THOSE ARE THE TWO PEOPLE YOU BLAME ABOUT QUALITY OF LIFE ISSUES. YOU DON'T BLAME THE EPA, YOU DON'T BLAME THE INSPECTIONAL
SERVICES, YOU BLAME COUNCIL. FINE. YOU BLAME COUNCIL CLUTTER. YOU BLAME COUNCIL FITZGERALD LEE BOYD MALVO RIGHTFULLY SO. BUT WE HAVE AN OBLIGATION TO ADVOCATE FOR OUR CONSTITUENTS
BECAUSE OUR JOB IS QUALITY OF LIFE ISSUES. THANK YOU, MADAM CHAIR. THANK YOU, COUNCILWOMAN. AND I APOLOGIZE TO MY COLLEAGUES. I DID NOT SAY THAT I WAS GIVING FOLKS 5 MINUTES BUT I'LL BE KEEPING TRACK AND I WILL UTILIZE THE TIMER RIGHT BEHIND
ME. WE'LL GO TO COUNCILOR FITZGERALD NEXT. THANK YOU, MADAM CHAIR. I APPRECIATE IT. SO THERE'S A LOT OF GOOD
LOOKING AT THE PROPOSED CHANGES TO THE ZBA AND I APPRECIATE IT BECAUSE I THINK IT IS SOMETHING THAT NEEDS TO BE ADDRESSED. I THINK THERE'S SOME GOOD STUFF IN HERE THE TERM THE TERM
LIMITS OR THE CRITERIA TO BE ON THE ZBA ALL THOSE CHANGES I THINK ARE WELL AND GOOD AND CAN BE SUPPORTED. THE QUESTION I HAVE IS MORE THE THE ADMINISTRATIVE BURDEN IT
WOULD PUT ON THE ZONING BOARD OF APPEALS TO DO QUARTERLY REPORTS OF HUNDREDS OF CASES THAT THEY SEE THROUGH IN THAT TIME. AS WE KNOW CITY GOVERNMENT
MOVES RATHER SLOWLY AS IT IS ADDING YOU KNOW TO TO RATE A QUARTERLY REPORT ON HUNDREDS OF CASES. I FEEL WOULD BE THERE WOULD BE I WOULD FEEL WE WOULD HAVE TO
ADD TO THE BUDGET TO SUBSIDIZE THE FOLKS THAT GET THIS. I MEAN THERE'S JUST ADDED COST AN ADDED LAYER OF SCRUTINY TO THAT. SO I WOULD WONDER I WOULD BE INTERESTED IN ZBA AND THE FOLKS
THAT WRITE THE DECISIONS FOR THOSE CASES WHAT THEY SAY THIS WOULD DO TO THE WORKLOAD AS IT CURRENTLY STANDS I DON'T KNOW HOW IT WOULD BE BUT I WANT TO BRING THAT UP. SECONDLY, WE KNOW MOST OF THE
CASES THAT GO BEFORE THE EPA AND I DON'T KNOW WHETHER THIS IS TO THE PANEL OR TO YOURSELF CHAIR OR JUST TO TO MYSELF OUT LOUD. BUT MOST OF THE CASES THAT GO
BEFORE AS WE SAW DO NOT MEET THE CURRENT VARIANCE THEY THEY DO NOT FALL INTO CODE. RIGHT. SO THEY NEED VARIANCES AND THAT'S SOMETHING THAT THE CITY HAS SORT OF BECOME ACCUSTOMED
TO IN GRANTING VARIANCES AS WE HAVE A 90 PLUS PERCENT RATE WHEN THINGS GO TO ZBA TO BE APPROVED. RIGHT. BUT MY CONCERN IS IF WE WERE TO
IN IN THIS IN THESE CHANGES SAY THAT WHEN ZBA GRANTS AN APPROVAL THAT IS A LEGAL DEFINITION A RIGHT THERE'S A WRITTEN LEGAL DEFINITION THAT
IS WRITTEN THAT GOES WITH THE PROPERTY THAT SAYS THIS IS APPROVED AND MEETS THE HARDSHIPS LAID OUT IN IT. NOW TO ASK THAT SAME BODY TO
THEN PRODUCE A QUARTERLY REPORT TO REVIEW THINGS AND PICK OUT AND I DON'T KNOW HOW THEY WOULD PICK OUT WHICH CASES WHERE IT SAYS THEY WOULD. THESE ARE THE ONES THAT DID NOT MEET THE CRITERIA OF THE
HARDSHIP. I SEE THAT AS A DIRECT CONFLICT WHERE A BODY SAYS WELL LEGALLY WE JUST SAID IT MET THE HARDSHIPS AND TWO MONTHS LATER WE HAVE TO DO A REPORT AND PICK OUT SOME PROJECTS AND WRITE
WHERE THEY SAY IT DID NOT MEET THOSE HARDSHIPS AND HOW CAN THE SAME BODY OFFER TWO DIFFERENT OPINIONS ON ONE ITEM? AND I ALSO THINK THAT CAUSES WHEN PEOPLE SUE AN EPA TO PUT
IN A ROOF DECK NEXT DOOR TO ME. RIGHT. SO I'M GOING TO SUE. THEY WILL NOW HAVE A WRITTEN DOCUMENT THAT SAYS LOOK, YOU SAID RIGHT HERE THAT YOU DID NOT MEET THE HARDSHIPS AND THEN IT'S JUST SORT OF AN ADDED
LAYER. SO I THINK THAT THAT MAY MUCK UP SOME PROJECTS FOR MOVING FORWARD IF THAT'S WHAT WE WANT TO SEE. SO I DON'T KNOW TO ME THERE'S JUST SORT OF THAT'S THE CONFLICTING LEGALITY OF IT PLUS
THE ADMINISTRATIVE BURDEN. THOSE ARE THE QUESTIONS I WOULD WANT TO DIVE MORE INTO OR IF ANYONE HAS ANY INFORMATION ON THAT I'D LOVE TO HEAR FROM. OF COURSE I DO. THANK YOU AND THEN I'LL GO TO YOU COMMISSIONER AND I
APPRECIATE YOUR PERSPECTIVE. YEAH. SO RIGHT NOW AND I WOULD LOVE TO GET A SENSE FROM FROM YOU SO THERE IS A DATABASE THAT CURRENTLY EXISTS THAT TRACKS WHAT WE'RE ASKING FOR. AND SO IN THESE QUARTERLY
REPORTS IT WOULD BE SUBMITTED TO THE CITY COUNCIL COMMITTEE ON PLANNING DEVELOPMENT TRANSPORTATION THAT'S SUPPOSED TO DETAIL THE NUMBER OF VARIANCES CONDITIONAL USE PERMIT AND ZONING RELIEF GRANTED. IS THAT SOMETHING THAT YOU
CURRENTLY TRACK ON A WEEKLY OR BIWEEKLY BASIS GIVEN THE ZONING BOARD OF APPEALS NOW FOR THAT PARTICULAR DATABASE? SO THE CONCERNS THAT COUNCILOR FITZGERALD JUST ENUMERATED ARE ARE EXACT
CONCERNS WITH SOME OF THE PROPOSALS HERE. SO LET ME JUST KIND OF GO THROUGH ALL OF THEM. SO I JUST ASKED WHAT YOU TRACK IN YOUR DATABASE IN TERMS THERE IS A CBA TRACKER AS I SAID
BEFORE AND IT HAS A MAP AND IT SHOWS ALL THE PROJECTS THAT ARE GOING THROUGH THE DIFFERENT STAGES OF THE ZBA PROCESS. IT CAN TELL YOU WHETHER AGAIN THEY'VE BEEN APPROVED IN COMMUNITY PROCESS WAITING
THEY'RE HEARING THAT'S ALL THERE AS AS IS EACH DECISION THAT IS MADE WHAT IS NOT CURRENTLY IN PLACE IS AN AGGREGATION OR STATISTICAL ANALYSIS ON THAT.
I WAS ACTUALLY TRYING TO LOOK TO SEE IF IT WAS DOWNLOADABLE OR NOT BECAUSE PEOPLE COULD DEFINITELY GO AHEAD AND DO THEIR OWN STATISTICAL ANALYSIS OR HAVE STAFF MEMBERS DO THAT. THAT IS NOT SOMETHING WE'RE
CURRENTLY DOING IN YES, IT WOULD REQUIRE INVESTMENT AS FAR AS STAFF TIME AND BUDGET AND KNOW IF THAT WAS THERE WE WE COULD CERTAINLY DO SOME STATISTICAL ANALYSIS BUT THE
TRIGGER IS THERE. THANK YOU. AND JUST REALLY REALLY QUICKLY SO THERE IS A BREAK. SO WHAT WE'RE ALSO ASKING FOR IS A BREAKDOWN BY NEIGHBORHOOD AND ZONING DISTRICT AND THEN THE OTHER PART OF IT TOO IS THE JUSTIFICATION FOR VARIANCES NOT
MEETING THE HARDSHIP STANDARDS WHICH IS SOMETHING THAT COUNCILOR FITZGERALD HAS ALSO BROUGHT UP AS A CONCERN AS PART OF THIS THIS PROPOSAL. WE DO SUGGEST THAT THERE IS AN
OVERSIGHT HEARING WITHIN THE CITY COUNCIL THAT REVIEWS THESE QUARTERLY REPORTS BUT WE ARE NOT ASKING TO CHALLENGE LEGALLY WHAT THE JUSTIFICATIONS ARE. WE'RE ASKING FOR THEM TO BE
REPORTED TO US. SO THERE'S A THERE'S A DIFFERENCE THERE. SO I GUESS MY QUESTION WOULD BE HOW DO WHO CHOOSES WHICH CASES
THAT WERE APPROVED AT ZBA THAT DO NOT MEET THE HARDSHIP IN THE QUARTERLY REPORT THEY WOULD ALL BE SUBJECT TO CITY COUNCIL OVERSIGHT.
SO SO WE AS WE AS A BODY WOULD BE ABLE TO SAY ZBA YOU'VE LEGALLY SAID THESE READ THEY'VE THEY'VE MET THE DEFINITION OF THE HARDSHIPS AND THEREFORE THE ZONING IS GRANTED AND THEN WE GET TO SAY HEY ONE SEVEN AND
NINE I DISAGREE. I DON'T THINK THEY DID AND WHAT I'M ASKING RIGHT IS THAT SO IT WOULD BE UNDER OUR AUTHORITY TO CALL OUT WHICH ONES WE FELT DID NOT MEET THE HARDSHIP BUT WE
WOULDN'T HAVE THE LEGAL AUTHORITY TO CHANGE THE DECISION LIKE THAT SO THAT WE THAT THAT I KNOW OKAY, THAT WOULD BE AN OVERSIGHT PANEL WHERE WE WOULD REVIEW WITHIN THE REPORT ALL OF THE THE
INSTANCES WHERE THERE WERE THERE WERE VARIANCE THAT WERE GIVEN AND THEN TRYING TO UNDERSTAND AND GET A JUSTIFICATION BASED ON ALL OF THE DECISIONS THAT DID NOT
MEET THAT HARDSHIP STANDARD. SO THERE'S NO LEGAL CHALLENGE TO IT. IT'S THE OVERSIGHT HEARING THAT WE HAVE BASED ON THE QUARTERLY REPORTS THAT ARE GIVEN AND INSTEAD I THINK MY MY CONCERN
THERE WOULD BE MANY WOULD FALL UNDER THE THIS DOES NOT MEET THE HARDSHIP EVEN WITH THE ZBA APPROVAL SAYING IT MET THE HARDSHIP I THINK MANY WOULD FOLLOW MANY CASE AND WE WOULD
JUST BE REHASHING BUT WITH NO LEGAL AUTHORITY. I JUST WONDER IF IT'S THE BEST USE OF OUR TIME. THAT'S FAIR ENOUGH. IF I MAY BRING FLAHERTY JUST TO ANSWER YOUR INITIAL QUESTION YES IT IS THE POSITION
OF COUNCILOR AND THE BOARD AND THE ADMINISTRATION THAT ALL OF THESE DECISIONS THAT THE ZBA IS MAKING MEET THE STANDARD OF HARDSHIP AND THAT'S HOW THE IMMEDIATE IS WHAT IS EXPLAINED
IN THE DECISION. SO IF WE WERE TO ASK DOES THE DISTRICT SUPPORT STAFF TO PROVIDE THAT EXPLANATION TO THE COUNCIL, WHAT WE WOULD DO IS COMPILE THE DECISIONS AND PRESENT THEM TO YOU BUT THEY'RE
ALSO ALREADY AVAILABLE ON THE WEBSITE. DOES THAT KNOW? YEAH. ANDERSON AND THEN ONE MORE THING I WANTED TO ADD RECOURSE SO WHEN SOMEONE IS IN DISAGREEMENT WITH THAT CVA DECISION, THE LEGAL RECOURSE
THAT ALREADY EXISTS FOR THEM IS SUPERIOR COURT SO JUST TO MAKE SURE THAT THAT PEOPLE KNOW THAT BECAUSE THERE MIGHT BE THE CONFUSION OF WHAT CAN I STILL GO TO SUPERIOR COURT OR DO I
NOW GO TO THIS PANEL THEIR EXISTING RECOURSE IS SUPERIOR COURT AND APPRECIATE THAT. THANK YOU. THANK YOU VERY MUCH. THANK YOU. THANK YOU COUNSELOR. AND FOR FOR FOLKS THAT ARE LISTENING IN SO WHAT WE TALK ABOUT HARDSHIP AND VARIANCE STANDARDS IT'S SOMETHING THAT
EXISTS. YOU CAN LOOK IT UP IF YOU WANT. CHAPTER 40 A SECTION TEN WHERE ZONING VARIANCES MAY ONLY BE GRANTED WHEN ALL THREE OF THE FOLLOWING CONDITIONS ARE MET. NUMBER ONE SUBSTANTIAL HARDSHIP
OWING TO CIRCUMSTANCES RELATED TO SOIL CONDITIONS, SHAPE OR TOPOGRAPHY OF THE LAND OR STRUCTURES AND ESPECIALLY AFFECTING THE LAND BUT NOT THE ZONING DISTRICT GENERALLY A LITERAL ENFORCEMENT OF THE
ORDINANCE WOULD CAUSE SUBSTANTIAL HARDSHIP TO THE APPLICANT DESIRABLE RELIEF THE VARIANCE CAN BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND NUMBER THREE NO
SUBVERSION OF INTENT. THE VARIANCE WILL NOT NULLIFY OR SUBSTANTIALLY DEGRADE ARE NOT SUBSTANTIALLY VARY FROM THE PURPOSE OF THE ZONING ORDINANCE
. AND SO JUST FOR FOLKS THAT ARE LISTENING AND I WANTED TO BE SURE THAT THEY HAD THAT THAT EDUCATION I FORGET WHO'S NEXT I THINK IT'S COUNCILOR LOUIJEUNE IF YOU HAVE ANY QUESTIONS THANK
YOU AND I'M CHAIR AND THANK YOU AGAIN TO THE ADMINISTRATION FOR BEING HERE. I REALLY LIKE THE LAYOUT OR THE LIKE I LIKE I MEAN KATHLEEN
RIGHT. KATHLEEN AND WHAT WAS YOUR LAST NAME JUST ON HER HONOR FOR THAT THAT KNEW THERE WERE VARIANCES. DID WE SEE A REDUCTION IN IN
VARIANCE LIKE FOR YEAR OVER YEAR REDUCTION IN VARIANCE OR REGRESS AFTER PLANNING AS BOSTON WAS IN EFFECT? YES. I WILL NOTE THAT THE NUMBER RIGHT BECAUSE THE CONSTRUCTION
ACTIVITY IN THE CITY HAS GONE DOWN WE ARE CAVEAT IN LIKE WE DON'T WANT TO TAKE A VICTORY LAP ON CONSTRUCTION ACTIVITY GOING DOWN. BUT YES, WE SAW WHAT LOOKS TO BE A MERGING ABOUT A 40%
REDUCTION IN VARIANCES. WE'VE ALSO SEEN AND YOU'LL SEE THIS IN THE THE PACKETS BUT HOPEFULLY THEY'RE VERY LARGE PRINCIPLES 180 PAGES I KNOW WE'RE NOT GOING TO BE PRINTING
IT OUT BUT IS THERE BUT IT IS THERE AND COMPILED FOR YOU THE CASES THAT WENT BEFORE THE BOARD OF APPEAL PRIOR TO REFORM ZONING NEEDED RELIEF FROM PRETTY MUCH EVERY RIGHT
COMPONENT OF DIMENSION USE AND ZONING AND NOW THERE ARE REALLY VARIANCES THAT ARE ON ONE OR TWO ITEMS AND SO THAT REALLY DOES INDICATE THAT IT'S A MORE APPROPRIATE USE OF THE SORT
OF VARIANCE WHERE IT'S A HARDSHIP ON THAT ONE SPECIFIC WRITE REQUIREMENT OF THE ZONING AS OPPOSED TO THE ZONING JUST HAVING NO RELATIONSHIP TO
WHAT'S COMING BEFORE THE BOARD. THANK YOU A FEW TIMES DURING YOUR PRESENTATION WHEN YOU WERE PRESENTING ON THE INDIVIDUAL VARIANCES THAT WERE GRANTED POST THE ADOPTION OF PLAN EAST
BOSTON YOU STATED THAT THE VARIANCE WAS GRANTED TO AND TOOK CONTINUE AND AN ONGOING NONCONFORMING USE.
YEAH SOME OF THEM I WAS LIKE WHY DIDN'T WE IN THE PLAN ITSELF TAKE CARE OF THE NONCONFORMING USE SUCH THAT IT WOULD BE THEN BE CODIFIED AS A CONFORMING USE FOR SOME OF THEM
LIKE MAYBE I CAN UNDERSTAND WHY THAT DIDN'T HAPPEN BUT FOR THE USE OF A COMMERCIAL SPACE MID-BLOCK ON A MAIN THOROUGHFARE LIKE MERIDIAN LIKE WHY WAS THAT AND WHY IS THAT
STILL AN ONGOING NONCONFORMING USE AND WHY DID WE CODIFIED IN PLAN IS BOSTON AS A PERMISSIBLE USE SAVING EVERY ONE TIME MEANING PEOPLE TALK ON AND ON AND ON ABOUT HOW LONG IT TAKES
TO GET THROUGH THE PROCESS AND WE SAVE PEOPLE THAT TIME WAS I MEAN THAT SEEMS SO BASIC LIKE I'M TRYING TO UNDERSTAND WHY THAT IS A NONCONFORMING USE SO
I THINK WHEN WE'RE CRAFTING NEW ZONING IT'S ALWAYS A BALANCE BETWEEN REALLY TRYING TO AFFIRM WHAT'S THERE IN OUR NEIGHBORHOODS AND RIGHT. WE'RE ALSO WRITING ZONING FOR SO WE'RE WRITING ZONING FOR
WHAT'S THERE BUT WE'RE ALSO WRITING ZONING THAT WILL REGULATE NEW DEVELOPMENT AND WHAT HAPPENS AND THAT IS THAT'S WHERE THAT QUESTION OF NON CONFORM CONFORMING AND HONESTLY AND SOME OF THESE OTHER ONES
RIGHT FOLKS WANTED A LARGER SIDE YARD FOR NEW CONSTRUCTION THAT MEANT SOME NUMBER OF EXISTING BUILDINGS GET GET CAUGHT AS NON-CONFORMING WHEN THEY'RE MAKING ANOTHER CHANGE
THAT SAME QUESTION CAME UP AROUND COMMERCIAL USES AND EAST BOSTON WHERE YOU KNOW IN THE ABA ARE THREE DISTRICTS WE'RE IN THAT'S A BROAD RESIDENTIAL DISTRICT COVERING MOST OF THE
SORT OF OF THE NEIGHBORHOOD WITH THE EXCEPTION OF ORIENT HEIGHTS AND SOME OTHER AREAS AND FOLKS WERE COMFORTABLE WITH THE CORNER COMMERCIAL BEING ALLOWED WITHOUT ANY TYPE
OF REVIEW BY THE ZBA THAT MID-BLOCK RIGHT THEY DID THAT EVERY LOT COULD HAVE A BUSINESS FELT DAUNTING. PART OF WHY WE'RE CONTINUING TO SUPPORT IT FELT DAUNTING TO WHOM THE COMMUNITY MEMBERS
PARTICIPATING IN THE PROCESS RIGHT BECAUSE I THINK PEOPLE HAVE DIFFERENT AMOUNTS OF HOW CONSERVATIVE YOU WANT TO BE OR HOW HOW SCARY SOMETHING FEELS
ABOUT THE FUTURE SO MID-BLOCK COMMERCIAL EVERYWHERE FELT TO TOO SCARY, RIGHT? MAYBE TOO MUCH COMMERCIAL FOR WHAT THEY WERE SORT
OF ENVISIONING IN THE NEIGHBORHOOD BUT THAT'S PART OF WHY THE THE VARIANCE PROCESS EXISTS IS TO BE ABLE TO THEN ACCOMMODATE THE THE EXISTING AND THE CASES THAT ARE THOSE
EXCEPTIONS THAT HAVE THAT HARDSHIP. PART OF WHY WE'RE ALSO TRACKING THIS DATA AND HAPPY TO KIND OF DISCUSS IT IS HAVING ZONING THAT WORKS MEANS WE HAVE TO
KEEP TRACK RATE OF HEAT. DID WE CALIBRATE THAT CORRECTLY? IS THIS CATCHING TOO MANY EXISTING BUILDINGS, SMALL BUSINESSES CREATING PROBLEMS FOR PEOPLE? AND ON THE FLIP SIDE IS THIS
TOO GENEROUS? IS THIS ACTUALLY CREATING IS WHAT IS AN APPROPRIATE USE OF THE ZONING AS IT IMPACTS RESULTING IN OUTCOMES THAT THAT WE FEEL LIKE ARE AGAINST RIGHT
A PLANNING VISION SO KEEPING HAVING REFORM ZONING IS OR IS GOING TO BE A PROCESS OF EVALUATING THE OUTCOMES OF THAT ZONING AND THEN FIGURING OUT WHAT ARE THE ADJUSTMENTS THAT NEED TO BE MADE. THANK YOU.
THANK YOU. THANK YOU COUNCILOR LOUIJEUNE COUNCILOR WEBER THANK YOU CHAIR I GUESS JUST I WAS ZOOMING OUT
A LITTLE BIT TO ZONING VARIANCES IN GENERAL I GET ASKED WELL YOU KNOW, THIS PROJECT SEEKS THREE ZONING VARIANCES IT SHOULDN'T BE
ALLOWED TO HAPPEN AND I MEAN THE FACT IS IN THIS IN THE STATE LAW IT ALLOWS FOR A VARIANCE. SO I GUESS IS THERE A PRESUMPTION YOU KNOW, WHEN
SOMEBODY IS FILING FOR A VARIANCE THAT IT SHOULD NOT BE GRANTED? HOW DOES HOW IS IT LOOKED AT WHEN SOMEONE'S FILING FOR SOMETHING BEFORE YOU DO THIS ANALYSIS? DO THEY HAVE A BURDEN? IS THE BURDEN ON THEM?
IT DOES THE CITY LOOK AT THOSE VARIANCES AND THINK WELL WE SHOULD NOT BE GRANTING THEM UNLESS THEY CAN JUMP THROUGH THESE HOOPS. YOU JUST WALK ME THROUGH. YES. YEAH. SO JUST TO BE I'LL SIMPLIFY IT
BUT TO SIMPLIFY THE PROCESS A LOT WHAT HAPPENS IS THEY GO AND PRESENT THE PROJECT TO ESD. I WILL HAVE STAFF REVIEW IT FOR ZONING CODE FIRST AND THEN
LATER THEY'LL DO BUILDING FOR ZONING CODE. THEY'LL SAY YES THIS IS CONFORMITY CONFORMING WITH THE ZONING CODE THEN YOU CAN MOVE FORWARD. YOU NEVER GO TO ZBA YOU JUST GET YOUR PERMIT FROM US AND
THAT'S THE END AND THERE'S NO LIKE ANALYSIS THAT'S ABOUT YEAH THE MERITS OF THE YOU'RE JUST LOOKING AND SEE WHETHER IT FITS IN IN THE ZONING CODE AND IF IT FITS ONE FOOT ABOVE THE HEIGHT
THEN YOU NEED A ZONING VARIANCE IF IT'S EXACTLY IF IT COMPLIES THEY MOVE FORWARD IT'S AS OF RIGHT IT HAPPENS IF IT DOES NOT COMPLY THEN WE ISSUE A REFUSAL LETTER.
WE SAY HEY, YOUR PROJECT DOES NOT COMPLY WITH ZONING AND HERE'S THE DIFFERENT VIOLATIONS THAT YOU HAVE. THEY CAN EITHER CHANGE THE PROJECT AND START OVER OR THEY CAN SAY ALL RIGHT, I'M GOING TO
SEEK A VARIANCE FROM THE BOARD OF APPEAL BECAUSE I DO NOT WANT TO MODIFY MY PROJECT. THEY'LL GO THROUGH A COMMUNITY PROCESS. THEY'LL HAVE TO TALK TO THEIR NEIGHBORS. SOMETIMES THEY MAKE CHANGES AS PART OF THAT PROCESS. SOMETIMES THEY DON'T.
EVERYTHING CAN HAPPEN AND THEN ONCE THEY HAVE A FINALIZED PROJECT THAT THEY WANT TO PRESENT TO THE BOARD THEY WILL. YOU GUYS ARE IN THE CONVERSATION YOU THEY APPLY TO
THE BOARD AND ARE PUT ON THE HEARING AGENDA. THEY BEGIN THE PROCESS OF LEGAL NOTICE OF THE HEARING AGENDA FOR UNLIKE AN ARTICLE 80 PROCESS FOR THIS SUB ARTICLE 80
PROCESS ONLY ONCE THE PROJECT IS ON AND BOARD OF APPEAL HEARING LEVEL DOES THE PLANNING DEPARTMENT GO AND MAKE A RECOMMENDATION SO WHEN WE'RE MAKING A RECOMMENDATION WE'RE ANALYZING BOTH THE LARGER
PICTURE OF PLANNING CONTEXT AS WELL AS SPECIFIC ZONING ANALYSIS INCLUDING IN THE CASE OF REVIEWING A CONDITIONAL USE WHETHER IT MEETS THE CRITERIA OF THE CODE FOR GRANTING A
CONDITIONAL USE AND THEN SPECIFIC DISCUSSION OF THE SPECIFIC VARIANCES GRANT REQUESTED AGAIN ON THE SORT OF FIFTH GRADE LEVEL LIKE YOU KNOW I HAVE CONSTITUENTS WHO
SAY WELL THIS SHOULD NOT BE APPROVED BECAUSE IT SEEKS A VARIANCE. IS THERE ANY AT THAT AT THAT POINT WHERE THEY'RE CHALLENGING OR THEY'RE TRYING TO GET A VARIANCE BECAUSE THEY NEED ZONING RELIEF?
HOW IS THE CITY LOOKING AT THAT APPLICATION AS WE DO WE FEEL ONE WAY OR ANOTHER ABOUT WHETHER WE'RE GRANTING VARIANCES IN GENERAL WE TRY NOT TO GRANT THEM ARE WE TRYING TO GRANT THEM RIGHT.
I THINK WE LOOK AT EACH AT LEAST FOR THE PLANNING DEPARTMENT WE LOOK AT EACH CASE SPECIFICALLY AND EACH REQUESTS FOR RELIEF SPECIFICALLY. SO WE ACTUALLY DON'T YOU'LL FIND IN OUR RECOMMENDATIONS WE
DON'T WRITE A RECOMMENDATION WHILE THERE IS ULTIMATELY A RECOMMENDATION FOR THE PROJECT OVERALL WE WILL SOMETIMES IDENTIFY THAT CERTAIN VARIANCES THAT A PROJECT MAY BE REQUESTING ARE APPROPRIATE AND
THEN OTHERS ARE NOT RECOMMENDING OVERALL A RECOMMENDATION OF DENIAL OR DEFERRAL. DO YOU KNOW IF THAT'S JUST ONE SAY YES TO THAT. I HOPE THIS IS OKAY TO SAY AT A HIGHER LEVEL THOUGH FOR
NEIGHBORHOODS WHO HAVE COMPLETED THEIR REZONING, THE HOPE IS THAT WE WILL SEE FEWER VARIANCES BECAUSE MORE PROJECTS WILL BE CONFORMING TO THE NEW ZONING. OKAY.
AND THEN I GUESS JUST QUICKLY, WHAT'S YOUR THOUGHTS ON THAT? CAN THE ZBA WILL BE ABLE TO FUNCTION AS WE NEEDED TO IF WE ADD MEMBERS TO IT? DO YOU HAVE ANY THOUGHTS ON
THAT? SURE. I DIDN'T HAVE ANY COMMENTS OR CONCERNS ON THE MEMBERSHIP CHANGES PROPOSED OR THE CURRENT MEMBERSHIP. I THINK THAT THESE ARE PEOPLE THAT ARE TAKING TIME OUT
OF THEIR BUSY LIVES, BUSY DAYS TO SERVE A VERY DIFFICULT JOB THAT THEY'RE DOING WITH A LOT OF RESPONSIBILITY PUT ON THEIR SHOULDERS. SO I'M GRATEFUL FOR THEIR SERVICE AND I, I WITNESS THEIR
COMMITMENT EVERY DAY. SO YEAH, I DIDN'T HAVE ANY COMMENTS ON THE COMPOSITION BUT I DO HAVE A LOT TO SAY ABOUT THE GOOD, THE GOOD WORK AND THE COMMITMENT THAT THE CURRENT MEMBERS THAT I'VE BEEN ABLE TO
WORK WITH ARE DOING SO JUST BASED BASICALLY SO THE ADMINISTRATION IS IS HAS NO ISSUES WITH ADDING PEOPLE TO THE YOU KNOW ADDING TO VISIT TWO OR THREE I THINK THOSE TWO
IS ARE TWO ADDING TWO MEMBERS TO THE ZBA I DON'T KNOW THAT I'M SPEAKING FOR EVERYONE BUT THAT IS NOT ONE OF THE CONCERNS THAT WE THAT WE'VE LISTED. YES. OKAY. THANK YOU.
THANK YOU CHAIR THANK YOU COUNSELOR WEBER COUNCILOR MCGUIRE. THANK YOU, MADAM CHAIR. HELLO. IT'S GOOD TO SEE YOU OUT HERE
AND I PROBABLY NEED A ROUND TWO SO JUST I'M TRYING TO MAKE SENSE OF ALL OF THIS IN THIS DOCUMENT AND I'M NOT SURE WHO THIS QUESTION GOES TO BUT I'M
CURIOUS IT SAYS THAT WHEN I SEE WHEN A MEMBER IS APPOINTED THEY HAVE TO LIVE IN BOSTON AT THE TIME OF APPOINTMENT. SO DOES THAT MEAN THAT THEY CAN
JUST HAVE RESIDENCY IN BOSTON ONCE THEY GET APPOINTED? DO THEY HAVE THE ABILITY TO MOVE OUTSIDE OF BOSTON AND STILL BE A MEMBER OF THE BOARD ? WELL, I HAVEN'T GIVEN THAT THAT
CLOSE RING BUT I KNOW THAT CURRENTLY WE DO HAVE MEMBERS WHO HAVE RESIGNED BECAUSE THEY'RE MOVING OUT. SO MY UNDERSTANDING IS THAT THEY'RE SUPPOSED TO BE RESIDENTS. OKAY, BECAUSE I HOPE I HAVE THAT RIGHT I DON'T KNOW
DOCUMENT THIS IS BUT LIKE IT IT SAYS ON PAGE AFTER IN THE HEARING ORDER IN THE SECTION
ONE IT SAYS THAT TWO MEMBERS THE TWO MEMBERS OF THE RESIDENTIAL NEIGHBORHOOD ORGANIZATION SHALL RESIDE AT THE TIME OF THEIR PROSPECTIVE APPOINTMENTS. SO I JUST WANT TO MAKE SURE
THAT, YOU KNOW, LANGUAGE MATTERS AND SO IT WOULD BE HELPFUL TO JUST KIND OF GET IT ON THE RECORD AS TO WHETHER OR NOT WE HAVE A MANDATE THAT
THESE MEMBERS ARE BOSTON RESIDENTS AND STAY THAT WAY THROUGHOUT THEIR TENURE. THAT IS MY UNDERSTANDING OF THE STATUS QUO. I'LL TRIPLE CHECK I'M NOT SURE
ABOUT THE PROPOSAL BUT THE STATUS QUO IS I DON'T KNOW HOW TO ASK THESE QUESTIONS SO I'M JUST LIKE NO THAT YEAH I SO MAYBE I JUST REALLY QUICK I HAVE A QUESTION FOR YOU NOW DON'T BE SORRY.
SO YOU'RE ARE YOU REFERENCING THE NEIGHBORHOOD SPECIFIC SEAT ? YES. YEAH. AND SO I THINK SO FOR EXAMPLE WE HAD AN INDIVIDUAL FROM EAST
BOSTON WHO IS THE COMMUNITY REPRESENTATIVE I BELIEVE AND HE'S FROM THE JEFFRIES POINT YOUR PERSONAL SITUATION SO HE REPRESENTS THAT AREA AND I THINK I THINK THAT'S WHAT THAT MEANT. BUT I'M HAPPY TO CLARIFY THE
LANGUAGE MOVING FORWARD IS A GOOD CALL AND THE OTHER CALL HERE IS THAT THAT THE IT THAT THE MEMBER ALSO HAS TO BE A
MEMBER OF A NEIGHBORHOOD ORGANIZATION WHICH A HAS BEEN ESTABLISHED BY THE MAYOR. WHAT DOES THAT MEAN LIKE IS THAT THE MAYOR HAS TO ESTABLISH THE HAS TO ESTABLISH IT I THINK
FORMALLY WHATEVER THE STANDARD IS UTILIZED UNDER THE CIVIC ENGAGEMENT CABINET I THINK IS WHAT THAT WAS REFERENCING. I THINK YOU ARE RIGHT. SO LET ME ASK YOU SOME QUESTIONS. SO YOU KNOW, I REALLY DO
APPRECIATE COUNCILOR FITZGERALD'S QUESTIONS ABOUT KIND OF LIKE OUR CAPACITY BECAUSE YOU KNOW, IT SEEMS LIKE WE'RE ALL STRETCHED AND THERE IS NO
DESIRE OFTENTIMES TO ADD MORE LAYERS OF BUREAUCRACY, MORE LAYERS OF, YOU KNOW, Y'ALL GOT A LOT OF WORK TO DO ALREADY. SO CAN WE EXPAND A LITTLE BIT MORE ABOUT KIND OF LIKE IF WE THINK ABOUT IMPLEMENTING
SOMETHING LIKE THIS CAN YOU JUST KIND OF WALK US THROUGH WHAT THE WORKLOAD COULD POTENTIALLY LOOK LIKE, WHAT THE STAFFING NEEDS POTENTIALLY COULD LOOK LIKE JUST BECAUSE I
THINK WE HAVE TO REALLY START THINKING ABOUT THE WAY WE WORK AND I NEVER WANT TO CREATE UNINTENDED CONSEQUENCES AND I'VE BEEN GETTING A LOT OF PUSHBACK FOR OTHER THINGS
THAT I'M TRYING TO PUSH HERE ON THE COUNCIL BECAUSE IT LIKE WE REALLY DON'T NEED THAT. SO BECAUSE OF THAT I JUST WANT TO MAKE SURE THAT I'M MORE MINDFUL OF WHAT THESE THINGS LOOK LIKE.
AND SO I'M JUST CURIOUS IF YOU DON'T MIND HELP ME UNDERSTAND WHAT THIS WOULD LOOK LIKE FROM AN IMPLEMENTING STANDPOINT PLEASE. THANK YOU FOR THAT QUESTION. YES, I'LL DO MY BEST.
WHAT WE HAVE AN EYE IS A PROCESS A PROCESS IMPROVEMENT TEAM THERE UNDER OUR OPERATIONS TEAM THAT HAS THREE MANAGEMENT ANALYSTS SO THOSE FOLKS ARE INVOLVED IN THE TYPE OF WORK
THAT'S GOING TO HELP US OR IS INTENDED TO HELP US BE FASTER AND MORE EFFICIENT AT PERMITTING SO AN EXAMPLE OF THE WORK THEY'RE CURRENTLY DOING THEY'RE TRYING TO BRING OUR LAST FOUR REMAINING PAPER
PROCESSES FOR PERMITTING INTO A DIGITAL KIND OF WORLD SO THAT PEOPLE DON'T HAVE TO VISIT US AS MUCH AT 1010. MESERVE EVEN THOUGH WE LOVE TO SEE THEM, THEY'RE ENGAGED IN
KIND OF DATA DATA COLLECTION AND ANALYSIS AROUND FOR EXAMPLE OR RODENT DATA. SO THEY DO A LOT OF PROCESS IMPROVEMENT TO IMPLEMENT SOMETHING LIKE THIS AND BE ABLE TO PROVIDE, LET'S SAY A
QUARTERLY REPORT BY NEIGHBORHOOD ON THE TYPES OF VARIANCES THAT WE'RE ISSUING, ETC. THAT'S BEING PROPOSED. I WOULD PROBABLY WHAT I WOULD DO OPERATIONALLY IS PULL ONE OF THOSE MANAGEMENT ANALYSTS INTO THAT PROJECT EITHER HALF
OR FULL TIME JUST TO MAKE SURE IT'S HAPPENING ESPECIALLY IN THE BEGINNING STAGES AS WE LEARN HOW TO DO THIS AND PULL THE DATA THAT WOULD MEAN PULLING THEM OFF OTHER PROJECTS THAT IN MY MIND ARE PRIORITY.
BUT WE'RE ALWAYS GOING TO IF WE'RE, YOU KNOW, MANDATED BY LEGISLATION OR ORDINANCES TO DO SOMETHING WE DON'T WE'RE GOING TO GET IT DONE. SO IT WOULD JUST IT WOULD JUST MEAN TRADE OFFS FOR US. YEAH. SO WOULD THAT COMPROMISE THE
QUALITY OF EXPERIENCE FOR FOLKS LIKE I JUST WANT TO THINK ABOUT THE FULL PICTURE BECAUSE YOU KNOW, IN THIS MOMENT THAT WE'RE IN IN THE POLITICAL CLIMATE THAT WE HAPPEN TO BE NAVIGATING, WE HAVE TO BE SUPER MINDFUL OF UNINTENDED CONSEQUENCES.
AND SO CAN YOU TELL ME WHAT THE IMPACT COULD LOOK LIKE ON THE END OF THE THE SERVICE DELIVERY? YEAH, ABSOLUTELY. WELL AGAIN, IT WOULD IT WOULD
END UP MEANING TRADEOFFS SO THE CURRENT PRIORITIES THAT I HAVE AS COMMISSIONER AND I IS THE IS MAKING MORE EFFICIENT THE BUILDING DIVISIONS PERMITTING PROCESS IT'S ALSO A COUPLE
OTHER DEPARTMENTS THAT THE DIVISION OF THE DEPARTMENT THAT I'M WORKING ON BECAUSE AS YOU KNOW IT CAN ALWAYS BE MADE BETTER BUT BECAUSE IN MY PERSONAL JUDGMENT AND IN WITH
MY TEAM'S LEADERSHIP RECOMMENDATIONS WE HAVE DEEMED THAT THE ZIVA TEAM'S WORK IS TRANSPARENT ENOUGH, EFFICIENT ENOUGH AND TRUTHFULLY WE'RE NOT RECEIVING NEGATIVE CONSTITUENT
FEEDBACK AROUND THE WORK OF THE ZIVA SUPPORT TEAM. THAT'S NOT WHERE I'VE DEPLOYED OUR MANAGEMENT ANALYSTS. SO SOMETHING LIKE THIS WOULD REQUIRE FOR ME TO MAKE A TRADEOFF SO I'LL INVEST A LITTLE LESS IN THE IMPROVEMENTS
ON PERMITTING AND PLANS AND ZONING RE-ORGANIZATION FOR EXAMPLE OR RODENT CONTROL IN DEPLOY RESOURCES HERE IF WE WERE REQUIRED. THANK YOU FOR THAT. AND THEN ONE MORE QUESTION BEFORE MY TIME IS UP. I HAVEN'T I KNOW THE RING IS
GOING TO GO OFF SOON IS AND I DO APPRECIATE YOU YOU HAVE SUCH A STRONG COMMAND OF WHAT THE WORK IS AND CONSIDERING THAT YOU JUST GOT THERE LITTLE
LEAGUE BUT SO I, I JUST THINK FOR IT WOULD BE HELPFUL TO ME AS WE CONTINUE TO NAVIGATE THIS PARTICULAR CONVERSATION LIKE IF YOU HAD YOUR LIKE MAGIC
WAND RIGHT WHAT WOULD BE THE APPROPRIATE STEP FOR US ON THIS BODY TO TAKE TO HELP SUPPORT THE WORK AND TO KIND OF MEET
THIS TENSION OF WHAT WE'RE YOU KNOW, TALKING ABOUT TODAY? LIKE WHAT WHAT WOULD WHAT WOULD YOU LIKE US TO DO? OH, I MEAN GREAT QUESTION.
THE PERMITTING PROCESS HAS SO KIND OF STAGES TO IT AND THERE ARE EFFICIENCIES TO BE HAD ON ALL OF THEM. FOR ME I WOULD PREFER TO DEPLOY RESOURCES IN THE PLANS AND
ZONING PLAN REVIEW OF IT. I THINK WE'VE SPOKEN ABOUT THAT HERE BEFORE. THAT'S A THAT'S WHERE THERE IS A BOTTLENECK THERE BECAUSE OF STAFF TIME, BECAUSE OF TECHNOLOGY, BECAUSE
OF PROCESS CLARIFICATIONS THAT WE'RE CURRENTLY IMPLEMENTING. SO THAT'S WHERE I TRIED TO DEPLOY MORE RESOURCES I HEAR AND ACKNOWLEDGE THE COMMUNITY
CONVERSATION AROUND YOU KNOW LIKE NEEDING MORE FLAHERTY ON LIKE HOW THE BOARD MAKES DECISION AND TRANSPARENCY AND ALL OF THAT. AND SO I THINK I AM ACTUALLY
PERSONALLY HOPEFUL. I DON'T KNOW IF YOU HAVE ANYTHING TO SAY BUT I THINK THE REZONING EFFORTS GOING TO HELP BECAUSE THE NUMBER OF VARIANCES REQUIRED IS AT LEAST IN THE BEGINNING WE'VE SEEN THIS COMING DOWN SO PEOPLE WILL FEEL
LIKE JUST LOOKING AT THE CODE AND PROPOSING PROJECTS THAT ARE COMPLIANT WITH THE ZONING CODE IS GOING TO YIELD A MORE PREDICTABLE PROCESS BECAUSE THEY WON'T HAVE TO GO THROUGH THE ZBA SO AS MORE NEIGHBORHOODS GO THROUGH THIS
PROCESS I HOPE THAT THAT BY ITSELF JUST RELIEVES A LOT OF THE PRESSURE AND UNCERTAINTY. BUT OF COURSE IT REMAINS TO BE SEEN. THANK YOU. I KNOW MY TIME IS UP. I'LL RUN TO THANK YOU.
AND JUST TO YOUR LAST POINT, I DO THINK IT IS INCUMBENT UPON THE CITY AND I DO SUPPORT CITYWIDE EFFORTS TO REZONE IT'S NECESSARY. A LOT OF THE ZONING CODE IS ARCHAIC.
IT DOES NOT MEET THE THE VERY REAL NEED TO BUILD HOUSING AND SO I DO SUPPORT EFFORTS TO REZONE AND THAT IS WHY IT WAS SO WELCOME TO PLAN EAST BOSTON AND PLAY IN CHARLESTOWN CAME THROUGH AND I KNOW PLAN
MATTAPAN WAS A REALLY GREAT INITIATIVE THAT A COUPLE OF MY COLLEAGUES WENT ALONG WITH THE CITY HELPED TO RUN WITH THAT I DO JUST WANT TO READ A COUPLE OF THINGS FROM THE NEIGHBORHOOD JUST GIVE YOU AN IDEA OF WHAT I
AM HEARING AND THE REASON WHY I WANTED TO BRING THIS FORWARD AND WHY I DO BELIEVE ULTIMATELY BECAUSE WE HAVE A COUPLE OF CHAMPIONS OF OVERSIGHT, TRANSPARENCY AND ACCOUNTABILITY
ON THIS COUNCIL WAS TO TO HAVE A BROADER LAYER OF OVERSIGHT THAT THE COUNCIL DIDN'T HAVE BEFORE. SO THE FIRST OF WHICH BEING AND I THINK FOR FOR GREATER
MATTAPAN AND I'LL JUST READ WHAT THEY WROTE THE GREATER MATTAPAN NEIGHBORHOOD COUNCIL BOARD SUPPORTS A REVIEW OF YOUR PROPOSED HOME RULE PETITION TO MODERNIZE AND REFORM THE ZBA IN BOSTON.
PLEASE DO NOT ALLOW THIS ZBA TO DISREGARD OUR COMMUNITY APPROVED SUB DISTRICT ZONING UPDATES. OUR BOARD IS CONCERNED WITH THE CONTINUOUS DISREGARD BY THE ZBA DECISIONS RELATED TO THE UPDATING ZONING CODES AT
GREATER MATTAPAN FOR THE REQUIREMENT OF A PROPONENT TO PROVIDE PROOF OF HARDSHIP DEVELOPERS CONTINUE TO SEEK CHANGING OUR ARTICLE 60 SUBDISTRICT ZONING CODE WHICH WAS APPROVED AND IN MAY 2024 WE
HAVE UNDERGONE AN APPROVED UPDATING REZONING THROUGH SQUARES AND STREETS PROCESS. RECENTLY A WELL-KNOWN ZONING ATTORNEY WHO HAD BEEN VERY VOCAL ABOUT THE NEED FOR OUR COMMUNITY TO UPDATE ITS ZONING
FOUND THEMSELVES AT ODD WITH THE VERY CODE THEY CHAMPIONED. THEY ATTEMPTED TO CATEGORIZE OUR UPDATE AS A MISTAKE. THEY WERE QUICKLY REBUFFED AND TOLD THAT WE WERE NOT ALTERING THE RECENTLY UPDATED CODE.
THE PLANNED MATTAPAN PROCESS WAS A FIVE YEAR REVIEW PROCESS . THIS IS NOT A MISTAKE AND IS BOSTON. THIS IS JUST ONE OF MANY AGAIN I'M A RESIDENT OF JEFFREYS POINT EAST BOSTON WHO HAS BEEN
DIRECTLY IMPACTED BY BY THE GROWTH OF OVERSIZE BUILDINGS WITH APPROVED VARIANCES WHOSE DEVELOPERS ARE NOT FOLLOWING PLAN EAST BOSTON GUIDELINES I SUPPORT THIS CALL FOR REFORM
AND DIVERSIFICATION OF EXPERIENCE AND EXPERTISE WITH IDEALLY A FULL TIME ZBA MEMBER FROM EAST BOSTON. THIS WILL SERVE REBUILD TRUST WITH NEIGHBORHOOD GROUPS WHO HAVE SPOKEN UP OVER AND OVER AGAIN AGAINST DEVELOPERS WHO
CARE ONLY ABOUT THE BOTTOM LINE AND NOT ABOUT THE IMPACT OF OUTSIZED GROWTH ON OUR NEIGHBORHOODS. WE HAVE SEEN TRAFFIC INCREASE TO THE POINT OF STANDSTILL IN OUR STREETS AN INFLUX OF BUILDINGS THAT ARE GROSSLY OUT OF SCALE FOR OUR CAPACITY
AND ENVIRONMENTAL IMPACT CONCERNS HAVE BEEN IGNORED AND IT LEADS ME TO ASK WHO IS SUFFERING THE MOST HARDSHIP HERE AND THEN LAST BUT NOT LEAST THAT THE ZBA WOULD FAIL
TO RESPECT THE NEW CODE AND EAST BOSTON WAS RAISED REPEATEDLY DURING PLANNED EAST BOSTON DEVELOPMENT BY RESIDENTS, THE BPD AND ELECTED OFFICIALS ALIKE NOW MORE THAN A YEAR AFTER IMPLEMENTATION OF THE PLAN, THOSE CONCERNS
HAVE PROVEN VALID DEVELOPERS CONTINUE TO SEEK LOOPHOLES AND PUSH FOR ADDITIONAL UNITS OR FLOORS BEYOND WHAT IS PERMITTED AND THE ZBA CONTINUES TO APPROVE THESE PROJECTS WITH LITTLE EXPLANATION.
OFTEN APPROVALS ARE JUSTIFIED BY VAGUE REFERENCES TO HARDSHIP OR PRECEDENT REVEALING A LACK OF UNDERSTANDING OR WORSE A DISREGARD FOR THE CURRENT ZONING FRAMEWORK. THIS IS UNACCEPTABLE AND I DO APPRECIATE THAT YOU DID PROVIDE
WHAT YOU HAD SAID COMMON SENSE ISSUES OR INSTANCES HERE THERE WERE THOSE ADDITIONAL 11 RIGHT THAT CAME AFTER SO AND SO WHICH
ARE THERE WAS THAT 101 80 PAGE REPORT THAT ALSO INCLUDES THAT THAT'S ALSO THE DOZENS OF ONES THAT ARE CURRENTLY IN THE PIPELINE THAT HAVE BEEN
DEFERRED THAT WE KNOW WHY CERTAIN DEVELOPERS IN REAL ESTATE ATTORNEYS ARE DOING THIS. THEY ARE TRYING TO POKE HOLES IN WHAT WE HAD SPENT FIVE YEARS BUILDING TOGETHER.
WE WERE TRYING TO SET THAT FRAMEWORK OF PREDICTABILITY SO THAT RESIDENTS KNEW EXACTLY WHAT WAS GOING TO BE BUILT AROUND THEM IN A WAY TO GROW RESPONSIBLY. AND THAT'S SOMETHING THAT I
THINK EVERYONE THAT WAS INVOLVED IN PLANNING BOSTON AGREES WITH. AND SO AND I'M HAPPY TO HEAR THAT THERE ARE COMPONENTS OF THIS PROPOSAL THAT YOU DO
SUPPORT MAYBE I THINK THAT WASN'T NECESSARILY FORMALIZED THROUGH YOUR TESTIMONY BUT THERE ARE THINGS THAT YOU CAN SUPPORT MOVING FORWARD AS WE GO THROUGH THIS DOCUMENT AND IT IS
A WORKING DOCUMENT AND I'M HAPPY TO MOVE ON QUARTERLY TO TO BI ANNUAL TO YEARLY REPORTS WHATEVER IT IS. BUT I DO THINK THAT IT IS WORTHWHILE BECAUSE THAT IS WHAT
THE COMMUNITY IS ASKING OF US AND DEMANDING OF US. THESE ARE JUST SOME OF THE EMAILS THAT I HAVE RECEIVED SINCE PLANNING IS BOSTON HAS
HAS BEEN CODIFIED AND SO I DO THINK THAT THERE IS SOME CREDENCE AND VALIDITY TO AT LEAST RECEIVING INFORMATION AND
BEING ABLE TO REVIEW IT ON A MORE FORMAL BASIS HERE IN THE COUNCIL AND WHILE WE ARE LIMITED IN OUR LEGAL AUTHORITY TO ROLL BACK ANY SORT OF DECISIONS THAT AN INDEPENDENT BOARD HAS MADE, I
DO THINK THAT IT IS WORTHWHILE FOR US TO AT LEAST BE A PART OF THAT PROCESS IN ADDITION TO THE APPOINTMENT OF THE CBA MEMBERS THAT WE DO HAVE SAYING AND MY COLLEAGUES WILL TELL YOU THAT I HAVE ASKED EVERY SINGLE PERSON THAT HAS COME BEFORE US
WHAT IS YOUR TAKE ON PLAN IS BOSTON WILL YOU HOLD THE LINE AND IT IS A WAY TO EDUCATE THEM BUT ALSO HOLD THEM ACCOUNTABLE AND SO THAT WE CAN PLAY THE TAPE BACK AND SHOW THEM THAT YOU HAD MADE THESE PROMISES AND
I DO I WANT TO GIVE A SHOUT OUT TO ALL OF THE ZBA MEMBERS NOW BECAUSE I KNOW HOW PROFESSIONAL THEY ARE AND I KNOW HOW SERIOUSLY THEY TAKE THEIR JOBS. THIS IS NOT IN ANY WAY TO THROW SHADE AT THEM.
THIS IS JUST AS A WAY TO PROVIDE US GREATER GREATER RESPONSIBILITY AND ALLOW US TO INJECT OURSELVES IN A WAY THAT IS PRODUCTIVE AND EFFICIENT FOR
EVERYBODY. SO I DON'T WANT TO OPEN FOR TOO MUCH LONGER. BUT MY QUESTION WAS WHAT COMPONENTS OF THIS PROPOSAL DO YOU SUPPORT THAT YOU WOULD BE
WILLING TO SEE SHOULD WE MOVE FORWARD WITH PASSAGE? WE WERE MOSTLY JUST HERE KIND OF TO PROVIDE THE INFORMATION AND ANSWER QUESTIONS.
I DON'T I DON'T THINK IT'S FOR US TO SAY WHETHER WE SUPPORT OR NOT BUT I HOPE THAT WHAT WE SHARED AS FAR AS INFORMATION IS HELPFUL IS FOR THE CITY COUNCIL CAN DELIBERATE AND MAKE DECISIONS.
YEAH, I FEEL LIKE AS SOMEONE WHO WORKS IN ZONING I HAVE TO GIVE THE DISCLAIMER THAT I'M NOT A LAWYER AND I THINK THAT'S PARTICULARLY TRUE IN A HOME RULE PETITION.
IT'S VERY IMPORTANT TO HAVE THE COLLABORATION OF THE FURTHER LEGAL ADVICE IN TERMS OF PIECES THAT THEY COULD MOVE FORWARD WITH AND IF I COULD CATEGORIZE IT AS THINGS THAT YOU MAY FEEL COMFORTABLE WITH AND JUST BACKTRACKING AND MAKING SURE
THAT I HAVE MY LIST OF THINGS TO WORK THROUGH SO IT IS THE YOU'RE WORRIED ABOUT THE QUARTERLY REPORTS AND THAT BEING ONEROUS AND ON YOUR STAFF I WOULD ALSO HIGHLIGHT WE HAVE FOUND IN PROVIDING REPORTS TO
THE BPA BOARD ON RECOMMENDATIONS THAT QUARTERLY IS NOT A GOOD INCREMENT IN PART BECAUSE OF THE ROLE OF DEFERRALS AND MULTIPLE ROUNDS OF DEFERRALS WHEN THE PLANNING DEPARTMENT RECOMMENDS
DENIAL OF A PROJECT IT FREQUENTLY GOES INTO DEFERRAL AND COMES BACK AS A DIFFERENT PROJECT AT THE BOARD OF APPEAL. AND SO OUR ABILITY TO SORT
OF PRESENT LONGITUDINAL DATA IN A WAY THAT IS CLEAR AND PREVENT PROVIDE SORT OF REAL DATA ON TRENDS AND THE ABILITY TO SORT OF TRACK CASES AND CASELOAD
VOLUME CHANGES JUST REALLY DIDN'T WORK ON THAT CYCLE. SO WE ARE LOOKING AT PROVIDING ANNUAL REPORTS WITH AND MORE SPECIFIC REPORTS THAT ARE DEEPER DIVES INTO ISSUES LIKE
FOR EXAMPLE ALL OF THE CASES THAT HAVE BEEN GRANTED UNDER UPDATED EAST BOSTON ZONING TO THE BPA BOARD AND BEFORE I FORGET DO YOU HAVE ANY SIMILAR
PRESENTATION OR NUMBERS FOR PLAYING MATTAPAN FOR FOLKS THAT WERE ASKING WE DID SOME INITIAL POLLS ON PLAY IN MATTAPAN. WE HAVE BELIEVE AT THE TIME THAT WE DID THAT WE HAD NOT HAD
A NUMBER OF GRANTED CASES FOR ZONING RELIEF AND I WILL HIGHLIGHT AS PART OF THAT REPORT ONE OF THE FIRST AS OF RIGHT PROJECTS TO MOVE FORWARD AND PLAN MATTAPAN WAS A HOMEOWNER LOOKING TO BUILD A
RAMP AND WHERE WE WENT TO GO PROVIDE CASES FOR EAST BOSTON THAT WAS ACTUALLY THE FIRST CASE WE FOUND IN EAST BOSTON AND I REALLY WANT TO CREDIT THE CITY PLANS EXAMINERS WHO WORK REALLY HARD TO EXPEDITE THESE
TYPES OF CRITICAL FAST TRACK IMPROVEMENTS AND THEN WE'RE REALLY PROUD THAT THESE TYPES OF CRITICAL IMPROVEMENTS THAT RESIDENTS NEED URGENTLY ARE THE THINGS THAT THE ZONING IS HELPING LIKE IT'S THAT PERFECT
EXAMPLE OF WHERE THE ZONING IS WORKING REALLY WELL WITH ESD PROCESS IMPROVEMENTS TO DELIVER FOR RESIDENTS ANOTHER COMMON SENSE CASE THAT IS NOT GOING TO DIRECTLY BENEFIT THE BOTTOM LINE OR THE POCKETS OF A
DEVELOPER WHO'S TRYING TO GET AN ADDITIONAL STORY OR MORE UNITS TOTALLY UNDERSTAND THAT I'M SORRY THAT THIS MAY HAVE BEEN MENTIONED ALREADY BUT HOW MANY FOLKS ARE WORKING ON THE ADMINISTRATION OF THE ZONING
BOARD OF APPEALS FOR THE NICE D I NEED TO LOOK BUT IT'S GOT TO BE 1 TO 3 ACTUALLY YOU MIGHT KNOW I THINK IT'S I THINK WAS LIKE FIVE PEOPLE OR FIVE
PEOPLE. ALL RIGHT. AND LET ME ACTUALLY GET YOU NUMBER BUT WE HAVE A WHOLE IT'S A WHOLE BIT OF OUR LEGAL DIVISION AND DOES THAT INCLUDE THE OMBUDSPERSON THAT DOES THAT
IS NOT SO WE HAVE OUR EXECUTIVE SECRETARY WITH I'M GOING TO SAY AT LEAST FOUR SUPPORT STAFF SUPERVISED BY OUR HEAD OF THE LAW DIVISION AND THEN THE
OMBUDSPERSON IS ONE OF OUR COMMUNITY LIAISON BUT ACTUALLY ALL THREE PLUS THE ASSISTANT COMMISSIONER AT COMMUNITY FOR COMMUNITY SERVICES THEY'RE ALL TRAINED AND ABLE TO DO THAT
ROLE SO IT'S NOT THEIR SOLE JOB BUT I HAVE MANY PEOPLE ABLE TO TO FULFILL THAT POSITION FOR ANY PARTICULAR HEARING. THANK YOU. AND THEN IN TERMS OF THE ETHICS AND CONFLICT OF INTEREST TRAINING, EVERYBODY'S SUBJECT
TO THIS. ARE THERE ANY ADDITIONAL PROVISIONS THAT YOU OR OR MANDATED TRAINING THAT YOU REQUIRE YOUR BOARD TO GO THROUGH BEYOND WHAT IS ALREADY
REQUIRED BY STATE LAW? WE'RE NOT MANDATING THEIR TRAINING BUT WE ARE PROVIDING THEIR TRAINING. AND AS I SAID, WE STARTED LAST YEAR WE'VE PROVIDED TRAINING ON PLAN EAST BOSTON PLAN
CHARLESTOWN A THE USE OF THE AND THEN WE KIND OF LIKE LET THEM ASK QUESTIONS ABOUT ANYTHING THEY LIKE AND MOSTLY KATHLEEN OR HER TEAM OURSELVES WILL BE ABLE TO ANSWER THEM AND WE'RE CONTINUING TO DO THAT EVERY TWO MONTHS.
OKAY. AND THEN FOR THE HEARING PROCESS AND PUBLIC ACCESS, WHAT SORT OF THERE WAS I BELIEVE THERE WAS SOMETHING IN THE EXECUTIVE ORDER AND I APOLOGIZE
THERE WAS MULTIPLE DOCKETS THAT HAD TO DO WITH THIS IN 2020 AND 2021. BUT WAS IT WITHIN THE EXECUTIVE ORDER OR YOU CAN JUST JUST TALK ABOUT GENERALLY WHAT HAPPENS NOW? WHAT THE REQUIRED NOTICES BECAUSE I THINK AT THIS POINT
IT'S YOU HAVE TO HAVE ONE ADVERTISEMENT IN THE HERALD AND FOLKS ARE ASKING FOR BETTER NOTICE ESPECIALLY IF THEY LIVE WITHIN THE AREA. CAN YOU JUST TALK GENERALLY
ABOUT WHAT WHAT NOTICE YOU CURRENTLY REQUIRE AND WOULD YOU BE INTERESTED IN DOING AND DO YOU HAVE THE BUDGET FOR LIKE LIKE ELECTRONIC OR EXCUSE ME A
MAIL NOTICE IN ADDITION TO AN ELECTRONIC NOTICE WE'RE DOING WE'RE DOING THE ALL OF THE REQUIRED NOTICE FROM THE LEGISLATION THAT INCLUDES A MAILER TO ABUTTERS AND THAT
ALSO INCLUDES THE WIDELY CIRCULATED NEWSPAPER. SO THERE ARE ADS IN THE HERALD WE DO SPEND A LOT OF MONEY ON THOSE WE IF ANYONE WANTS TO SIGN UP FOR ELECTRONIC THEY CAN
SIGN UP AT I IS THE BOSTON DOT GOV SLASH HD FOR OUR IS D NEWSLETTER IT IS GOING OUT EVERY MONTH AND IT DOES INCLUDE AT THE BOTTOM ALL OF THE UPCOMING ZBA HEARINGS AND
SUBCOMMITTEE HEARING SO THEY CAN RECEIVE ELECTRONIC ELECTRON VIA THAT NEWSLETTER. WE COULD DO A STAND ALONE THAT WOULDN'T COST US IT WOULD COST US STAFF TIME BUT IT'S DOABLE
FOR US TO DO A STANDALONE AND WE THAT HELP. WHAT DO YOU MEAN STAND LIKE A STAND ALONE AND ELECTRONIC EMAIL BLAST OF JUST CBA MEETINGS BUT THEY ARE ALREADY INCLUDED IN OUR MONTHLY
NEWSLETTER SO I MEAN THANK YOU FOR THAT. FOLKS HAVE ASKED ABOUT CERTIFIED MAIL WHAT IS THE BUDGET FOR SOMETHING LIKE THAT BECAUSE IT CONTINUOUSLY COMES UP IN ALL OF MY COMMUNITY MEETINGS WE WE USE CERTIFIED
MAILS ONLY FOR LEGAL SERVICES BECAUSE OF THE PRICE I BELIEVE IT'S I DON'T WANT TO BE WRONG ON THIS BUT I THINK IT'S LIKE SEVEN OR $8 FOR CERTIFIED MAIL FOR EACH PIECE.
BUT WE AGAIN WE ARE MAILING LETTERS TO ALL ABUTTERS AS IT REQUIRED TO AND THANK YOU. I THINK I HAVE ASKED FROM WHAT
I CAN SEE JUST BASED ON MY NOTES I MAY HAVE MORE QUESTIONS BUT WANTED TO GO TO MY COLLEAGUES. I DID HEAR THAT THERE WERE SOME QUESTIONS MAYBE FOR A SECOND ROUND OF FOLKS HAVE THEM I'LL GO AND ORDER OF ARRIVAL
STARTING WITH COUNCILOR FITZGERALD AND WE'LL HAVE 3 MINUTES. THANK YOU. YOU KNOW, I HOPEFULLY WILL NOT EVEN NEED ALL THREE. I THINK. THANK YOU FOR YOUR TIME TODAY
IN INFORMATION I KNOW YOU GUYS ARE NOT VISIBLE BUT CERTAINLY I PLAY A BIG ROLE IN WHAT GETS TO THEM. I WOULD THINK THAT IF HONESTLY IF IF THE ZONING BOARD
OF APPEALS WOULD JUST LISTEN WAY MORE HEAVILY THE OPINIONS OF THE CITY COUNCILORS WHO ARE ON THE GROUND AND INTERACTING WITH THE COMMUNITY AND EACH INDIVIDUAL PROJECT AND EVEN TO
THE ADMINISTRATION FOR INSTANCE IF BOTH THE CITY COUNCIL OR THE ADMINISTRATION WHEN IN OPPOSITION I WOULD HOPE THAT THE ZBA WOULD NOT APPROVE THAT CASE. BUT I THINK THAT MIGHT HELP A
LOT OF THESE OTHER LAYERS OF OVERSIGHT AND OTHER THINGS LIKE THAT. BUT OBVIOUSLY THAT'S NOT THE CASE AND I DO APPRECIATE THE CHAIR'S ATTEMPTS HERE AT TRYING TO REIN THAT IN AND I THINK
THAT IS SOMETHING THAT DOES NEED TO OCCUR. I THINK WE JUST NEED TO FIND THE BETTER WAY TO THE RIGHT WAY TO DO IT AND A MORE EFFECTIVE WAY TO DO IT. BUT I APPRECIATE THE TIME. THANK YOU. THANK YOU, COUNCILOR LOUIJEUNE
THANK YOU MANAGER I JUST HAVE A QUESTION BECAUSE I ACTUALLY I ACTUALLY LIKE LIKE AS MATT LODGE COMES I THINK IN PART TO LIKE THE DIFFERENT PLANS AND THE IMPETUS FOR THE DIFFERENT
PLANS LIKE AROUND THE CITY AND I KNOW THIS IS LIKE A LITTLE BIT WHAT WE'RE TALKING ABOUT BUT YOU KNOW WE TALKED ABOUT PLANNING FOR BOSTON AND IT WAS LIKE I REALLY ENJOYED THIS PRESENTATION. I THOUGHT IT WAS LIKE REALLY
GOOD TO HAVE LIKE AN UNDERSTANDING IN TERMS OF THE WHYS AROUND WHY THINGS HAPPEN AND WHY WE NEED TO DO THINGS PLANNING PLAN MATTAPAN I'M INTERESTED ABOUT THE NUMBER
OF VARIANCES REQUESTS THAT YOU GET FROM MATTAPAN. MY UNDERSTANDING IS THAT THEY'RE PROBABLY LOWER THAN YOU SEE IN OTHER PARTS OF THE CITY IN PART BECAUSE DEVELOPMENT ALL
SORTS OF DEVELOPMENT IS HAPPENING LESS SO LIKE IN FOR A PLAN IS BOSTON WHERE LIKE THE NEED FOR CODIFICATION WAS IN PART BECAUSE HOW OUT OF WHACK AND HOW OUT OF SYNC OUR ZONING
WAS TO WHAT WAS ACTUALLY HAPPENING. EXISTING USE IS WHERE WE WANTED TO BE. I SORT OF UNDERSTAND PLAN MATTAPAN AND CORRECT ME IF I'M
WRONG AND MADAM CHAIR, I HEARD YOU ALSO TALKING ABOUT PLAN MATTAPAN AS WELL TO BE MORE ACTIVE AND I WAS HAPPY TO SUPPORT PLANNED MATTAPAN BECAUSE I THINK IT WAS VERY NECESSARY. THERE'S A LOT OF WORK THAT I
WANT TO SEE HAPPENING IN MATTAPAN AS LIKE THE BASTION OF BLACK HOMEOWNERSHIP IN THE CITY AS A BLACK WOMAN OF LIKE A LOT OF CARIBBEAN COMMUNITIES IN THE CITY, HOW DO WE PREVENT A LOT OF GENTRIFICATION THAT
WE'VE SEEN IN OTHER NEIGHBORHOODS LIKE ROXBURY FREE FROM HAPPENING AND PLANNED MATTAPAN I THINK IS REALLY THOUGHTFUL AND HOW TO APPROACH THAT. BUT PLAN MATTAPAN I UNDERSTAND IS BEING MORE ASPIRATIONAL TO
SORT OF LIKE THE TYPE OF DEVELOPMENT OR GROWTH THAT WE WANT TO SEE WORDS LIKE PLAN IS BOSTON'S SORT OF MORE RESPONSIVE OF JUST WONDERING OR JUST I GUESS IT'S OVER LIKE A
REACTION TO YOU FROM THAT IS THAT HOW YOU UNDERSTOOD LIKE WOULD THAT BE A FAIR WAY OF UNDERSTANDING IT OR HOW YOU UNDERSTAND THE DIFFERENT PLANS? YEAH, I THINK THAT'S A FAIR WAY TO CHARACTERIZE IT. I ALSO WOULD SAY THAT LIKE DE
JURE RIGHT AND DE FACTO OF THE ZONING CHANGES THAT PLAN MADAM PLANS CHANGES WERE A LITTLE BIT OF AN UP ZONING AND AND BAY BY
WAY OF CREATING A PATHWAY FOR IDEAS THAT MATTAPAN HAS NO OTHER NEIGHBORHOOD IN THE CITY HAS RIGHT NOW WITHOUT A CHECK THROUGH THE BOARD OF APPEAL AS WELL AS THE SQUARES AND STREETS WORK IN EAST BOSTON.
THE ZONING CHANGES THAT WE PUT IN PLACE WERE LARGELY ACTUALLY MORE RESTRICTIVE THAN WHAT HAD BEEN GOING THROUGH THE BOARD OF APPEAL AND UNDER THE
PREVIOUS ZONING. SO THEY WERE, YOU KNOW, REIGNING IN RIGHT OF INCLUDING SOME BUILT PROJECTS. RIGHT. AND SOME OF THESE DISTRICTS THAT WHILE BEING NEW WILL SHOW
UP AS NON-CONFORMING TO SOME OF THE NEW ZONING SO THOSE TWO DYNAMICS OF BOTH THE PLANS WHAT WAS HAPPENING IN TERMS OF DEVELOPMENT ACTIVITY AND HOW
IT WAS INTERACTING WITH THE ZONING CODE AND THEN THE ZONING UPDATES THEMSELVES THESE ARE IMPORTANT PARTS OF WHY THERE ARE WE WILL SEE SLIGHTLY DIFFERENT RESULTS, DIFFERENT
CASE VOLUMES AND WHY IT'S IMPORTANT TO LOOK AT BOTH OF THESE DIRECTLY AND INDIVIDUALLY. THANK YOU AND I APPRECIATE THE CASE STUDY OF THE RAMPS. I THINK THAT LIKE IF PEOPLE NEED TO BE BILL RAMSAY ALL THEY
NEED TO BE ABLE TO ACCESS THEIR HOMES AND MAKING IT SO THEY CAN DO THAT AS A RIGHT AND SEEING THAT IT'S LIKE AS WAS AN OUTLIER CITY COUNCILOR SEEING THAT LIKE HAPPENING IS IT'S GOOD SOMEONE AS THOROUGHLY DIDN'T YOU ALREADY TELL THE BOARD ABOUT A RAMP AND I WAS
LIKE THIS IS A DIFFERENT RAMP TURNS OUT. THERE ARE A LOT OF RAMPS IN THE CITY THAT NEEDS TO BE BUILT BECAUSE I SENIORS NEED TO AGE IN PLACE. YES, AGE IN PLACE AND EXACTLY AND SO THANK YOU.
THANK YOU. THANK YOU, COUNCILOR. I'M HERE. THANK YOU, MADAM CHAIR. SO I. I DON'T KNOW. I MIGHT NEED A THIRD ROUND BECAUSE I DON'T THINK I CAN GET
ALL MY ANSWERS IN 3 MINUTES. BUT IF NOT I CAN CALL YOU. BUT I'M CURIOUS ABOUT A FEW THINGS AND YES, I LOVE OVERSIGHT AND ACCOUNTABILITY.
YOU KNOW, I THINK IT'S IMPORTANT ESPECIALLY WHEN YOU ARE A COMMUNITY ORGANIZER AND YOU HEAR PEOPLE ORGANIZING AND TRYING TO STOP SOMETHING FROM HAPPENING AND THEN IT GETS APPROVED.
IT IS VERY FRUSTRATING FOR PEOPLE BUT I I THINK THAT THE IT'S A STRUCTURAL THING AND IT GOES DEEPER THAN JUST HAVING A PROCEDURE IN PLACE FOR US TO
HOLD OURSELVES ACCOUNTABLE. I THINK THAT THERE ARE THERE ARE OTHER THINGS THAT WE CAN POTENTIALLY EXPLORE. ONE IS LIKE WHEN YOU HAVE
ABUTTERS THAT GO TO A MEETING HOW DO WE KNOW THAT THOSE FOLKS WHO SHOW UP ACTUALLY LIVE IN THE NEIGHBORHOOD LIKE THOSE ARE THE SORT OF ACCOUNTABILITY
METRICS THAT I'D LIKE TO SEE GAUGED AND RECORDED AND I KNOW THAT YOU COULD USE THAT WOULD ASSIGN AND SHE BUT HOW DO WE PROVE THAT THE FOLKS THAT ARE SHOWING UP ARE ACTUALLY THE PEOPLE WHO ARE GOING TO BE THE
MOST IMPACTED BY WHATEVER IS HAPPENING IN THE IMMEDIATE AREA ? I ALSO THINK THAT YOU KNOW, I HAVE SEEN THAT PEOPLE WHO HAVE LAWYERS WHEN THEY GO IN TO FIGHT FOR A LITTLE PROJECT, THE
PEOPLE WHO GOT THE MONEY AND THAT THE LITTLE RESOURCES AND GOT THE EARS OF CERTAIN PEOPLE THEY GO AND SOME OF THOSE PROJECTS YOU KNOW, IT'S A MATTER OF EQUITY, RIGHT? THERE'S SOME FOLKS WHO WHO WHO
HAVE MORE SKILLS AND OR MORE ACCESS TO RESOURCES. SO I THINK THOSE ARE THE SORT OF THINGS WHEN I THINK ABOUT REFORM I THINK THOSE ARE SOME OF THE THINGS THAT I'D LOVE TO SEE AS PART OF THE CONVERSATION
IN TERMS OF HOW WE CAN FIX THE PROBLEM LIKE THE ROOT OF THE PROBLEM OFTENTIMES I THINK THAT THAT IS GETS AT THAT BECAUSE YOU KNOW I HAVE SEEN THAT YOU
KNOW, THERE SEEMS TO BE SOME DISCREPANCY SEES AROUND THAT PROCESS FOR FOLKS AND THEN PEOPLE ARE ANNOYED BECAUSE THEN THEY YELL AT US. AND ONE OF THE REASONS WHY I
DON'T PARTICIPATE IN WHENEVER I DO SHOW UP FOR A PERMITTING OR ZONING THING IT IS BECAUSE I DEEPLY CARE ABOUT THE THE PROJECTS FROM A PLACE OF LIKE
HOW THIS IS GOING TO HELP SOMEONE BUT OTHER THAN THAT I DON'T PARTICIPATE. I DON'T USE I DON'T UTILIZE MY MY STAFF TO SIT IN THOSE MEETINGS AND YOU KNOW, GO ON RECORD THAT BECAUSE YOU KNOW WHY?
BECAUSE THAT ALSO UNDERMINES THE PROCESS BECAUSE WHAT WE DO WHEN WE SHOW UP AND SPEAK IN FAVOR OR AGAINST SOMETHING WE'RE UTILIZING OUR MICROPHONE RIGHT.
AND I THINK THAT NOT EVERYBODY HAS ACCESS TO EVEN US AND I THINK THAT THERE'S AN ISSUE THERE THAT I DON'T KNOW HOW TO FIX. BUT I THINK IT'S WORTH NOTING THAT ACCESS IS A BIG PROBLEM
FOR FOLKS. AND I'M JUST CURIOUS HAVE YOU HEARD THAT? AND IF YOU HAVE WHAT ARE SOME OF THE THINGS YOU'RE DOING TO KIND OF ADDRESS SOME OF THOSE CONCERNS?
YES, UM, I CAN TRY BUT YOU'RE REALLY ASKING DIFFICULT AND VERY IMPORTANT QUESTIONS AS FAR AS ACCESS I'LL SAY A COUPLE OF THINGS AND I DON'T PRESUME TO BE LIKE SOLVING ANYTHING OR
NOT EVEN A LARGE PIECE OF THIS BY WHAT I'M SAYING. BUT THERE IS AN APPROACH FIRST WHEN YOU SAY ACCESS I REALLY THINK TO EVEN IN MY OWN
EXPERIENCE HOW CONFUSING THE PROCESS CAN BE AND EVEN BEING IN THE PROCESS IT'S CONFUSING AND SO YOU CAN ONLY IMAGINE WHAT IT IS LIKE FOR SOMEONE TRYING TO NAVIGATE IT.
AND SO FOR US WHAT WE TRY IS TO PUT IN PLACE MECHANISMS AT A ISDA TO HELP PEOPLE NAVIGATE THROUGH IT WHETHER IT BE THROUGH STAFF AND I HAVE TO SHOUT OUT ASSISTANT COMMISSIONER THOMAS AND HER TEAM OUR NEW COMMUNITY LIAISONS
THAT CAN NAVIGATE PEOPLE THROUGH THAT PROCESS AND THAT'S ALSO WHY I GET CONCERNED WHEN WE ADD MORE LAYERS TO IT BECAUSE IT'S ALREADY SO DIFFICULT TO NAVIGATE AND THEN
AS FAR AS WHO SPEAKS, I WILL SAY THAT JUST PER THEIR REQUIREMENTS WE DO GIVE ABUTTERS MORE DIRECT COMMUNICATIONS AND MORE NOTICE AND ANECDOTAL AND I CAN'T SPEAK
FOR EVERY BOARD MEMBER BUT I HAVE HEARD FROM THEM THAT YES THEY GIVE IT MORE CONSIDERATION WHEN IT'S AN ABUTTERS SPEAKING VERSUS SOMEONE THAT MORE GENERALLY HAS FEELINGS ON THE PROJECT NOW IS THERE A WAY TO
CODIFY THAT EVEN MORE? I'M NOT SURE BUT IT IS GREAT QUESTION. YEAH BUT BEFORE YOU GO ON TO THE NEXT I'M JUST CURIOUS BECAUSE I ALWAYS TRY TO MAKE THINGS AS SIMPLE AS POSSIBLE IF
A HUNDRED PEOPLE WHO LIVE IN THE IMMEDIATE AREA HAVE SAID THEY DON'T WANT IT, HOW IS IT POSSIBLE FOR A PROJECT TO GET APPROVED WHEN THE COMMUNITY
VOICE HAS TAKEN A STAND AGAINST SOMETHING LIKE WELL WHAT WHERE HOW DO THEY DECIDE? SO DO THEY IF THEY'RE NOT LISTENING TO THE PEOPLE AND THEY CLEARLY SOMETIMES ARE NOT LISTENING THE COUNCILORS WHO IS
THEIR STAKEHOLDER WHO WHO ARE THEY LISTENING TO? IS IT BECAUSE OF THE LOOK AT WHAT'S THEIR DECISION MAKING PROCESS? I DO WISH MY COLLEAGUES FROM
CIVIC ENGAGEMENT CABINET WERE HERE BUT I'LL DO MY BEST AND PLEASE CORRECT ME WHERE I'M WRONG. KATHLEEN ON HOW THESE GO BUT WHEN THE BOARD MEMBERS ARE GOING TAKE A VOTE THEY DO THEY RECEIVE INPUT FROM A BUNCH
OF DIFFERENT PLACES. SO OF COURSE THEY'RE GOING TO RECEIVE THE TECHNICAL INPUT FROM THE PLANNING DEPARTMENT AND IN THE FORM OF THAT DOCUMENT THAT WE TALKED ABOUT BEFORE THEY GET THE RECOMMENDATION THERE, IT'S ALSO
AN OPEN MEETING SO ANYONE CAN PARTICIPATE AND SHARE THEIR FEELINGS. AND I KNOW THAT OUR COLLEAGUES AT THE CIVIC ENGAGEMENT CABINET VIA THE OWNER'S REPRESENTATIVE ARE RUNNING A WHOLE COMMUNITY
PROCESS AND THEY GO INTO THE MEETING AND KIND OF TALLY IT UP AND THEY'LL SAY AT THIS POINT IN TIME WE'VE RECEIVED TEN LETTERS OF SUPPORT, 100 LETTERS AGAINST AND THEY THEY KIND
OF PROVIDE THE THE BOARD MEMBERS THAT INFORMATION AND THEN WE AND THEN THE BOARD MEMBERS THEY TAKE ALL THAT IN. THEY MAY OR MAY NOT HEAR FROM AN ELECTED OFFICIAL. I KNOW A LOT OF YOU PARTICIPATE .
SOME OF YOU DON'T BUT THEY'LL THEY'LL TAKE ALL OF THAT IN AND THEN MAKE THEIR DECISION. SO WE'RE HUMANS. I THINK SOMETIMES THOSE ARE DECISIONS THAT MANY PEOPLE ARE HAPPY WITH. OBVIOUSLY A LOT OF TIMES PEOPLE ARE NOT BUT AS FAR AS I
UNDERSTAND THIS IS HOW THIS IS THE INPUT THEY RECEIVE. YEAH. AND I GUESS ONE THING YOU TALKED ABOUT WAS FAIRNESS, RIGHT? AND THE ONE OF THE REASONS WHY WE THINK SORT OF ZONING REFORM
ACROSS THE CITY IS IMPORTANT IS THAT RIGHT? MANY FOLKS WHO HIRE LAWYERS ARE JUST GETTING EXCELLENT ADVICE. THEY'RE GETTING, YOU KNOW, GOOD SERVICE. RIGHT. AND IT'S A COMPLEX AND HARD
SYSTEM TO NAVIGATE. SO ONE OF THE REASONS WHY WE HAVE TWO RIGHT GOOD FAIR RULES THAT WORK ACROSS THE CITY IS SO THAT FOLKS DON'T HAVE TO GO THROUGH A PROCESS TO TO DO
THOSE CHANGES AND CAN HAVE THE SORT OF NOT MEETING TO SPEND HUGE SUMS OF MONEY TO BE ABLE TO ACCESS A PROCESS IS A KEY GOAL OF ZONING REFORM. YOU KNOW AND I APPRECIATE THAT
AND I KNOW THAT THE CHAIR HAS GIVEN ME PROBABLY MORE THAN 3 MINUTES AND I DO RECOGNIZE YOUR GRACE AND I APPRECIATE IT AND YOU COULD LET ME KNOW WHEN MY
TIME IS UP TO DO ANOTHER MINUTE. THANK YOU. SO THANK YOU KATHLEEN FOR THAT BECAUSE YOU KNOW, NAVIGATING THIS POLITICAL SPACE THAT I'M
HAVING AND I DO SEE THAT THAT THERE LIKE INFORMATION IS CURRENCY, RIGHT? AND KNOWLEDGE IS POWER AND THERE ARE FOLKS WHO HAVE SO MUCH MORE THAN OTHERS AND THEN
SOMETIMES THE RULES ARE CREATED IN WAYS THAT CAN HELP OR HURT FOLKS. AND I SEE THAT AND BECAUSE I
SEE THAT AND BECAUSE OF IT'S BEEN MY LIVED EXPERIENCE AROUND THAT I THINK THAT THAT STANDS STANDARD HAS TO BE SOMETHING THAT GETS IMPLEMENTED AND
STANDARDIZED AND THAT THERE IS SOMETHING ON THE BOOKS THAT CLEARLY STATES WORK REGARDLESS OF WHAT NEIGHBORHOOD YOU ARE DEVELOPING IN WHATEVER YOUR
RACE IS, WHATEVER YOUR SOCIOECONOMIC STATUS IS THAT YOU ARE GOING TO HAVE A BILL OF RIGHTS OF WHAT STANDARDS ARE GOING TO LOOK LIKE AND THAT WE CAN FACT CHECK THOSE THINGS AND
WHEN THOSE THINGS DON'T HAPPEN THAT WE CAN CALL IT OUT. AND I THINK THAT THAT IS WHAT COMMUNITY IS LOOKING FOR IS UNDERSTANDING THE RULES, LEARNING HOW TO PLAY THEM SO
THAT YOU DON'T GET PLAYED BECAUSE LORD KNOWS WE GET PLAYED ALL THE TIME, RIGHT? AND SO I THINK THAT THERE IS SO MUCH WORK THAT WE NEED TO DO
HERE ON THE ON THE COUNCIL ABOUT OUR OWN PRIVILEGE AND OUR OWN ACCESS TO INFORMATION AND HOW WE SHARE IT . AND I THINK THAT WE DO A DISSERVICE TO OUR CONSTITUENTS WHEN WE DON'T EDUCATE THEM
ABOUT THE PROCESS AND I THINK THAT THAT IS THAT NEEDS TO BE PART OF THE CONVERSATION IN TERMS OF THE REFORM BECAUSE NOT EVERYTHING HAS TO BE SO TECHNICAL OR SO LIKE.
YEAH NO IT'S YOU RESONATING WITH ME. I HAVE LIKE ZONING IS LIKE THE MOST TECHNICAL WONKY FUN TOPIC IN THE WORLD BUT THEN IT MATTERS IN WAYS RIGHT THAT YOU
DON'T NEED TO LEARN ALL OF THE ZONING TO CARE ABOUT AND I, I JUST WOULD SAY THAT WE'RE VERY WE ARE TRYING TO FIGURE OUT WHAT WE'RE CALLING ZONING EDUCATION LOOKS LIKE THAT KIND
OF GIVES PEOPLE THEY DON'T NEED TO LEARN THE 4000 PAGE BOSTON ZONING CODE. I TRY NOT TO SPEAK ABOUT THE CODE WITHOUT THE CODE IN FRONT OF ME BUT HELPS PEOPLE HAVE THAT POINT OF ENTRY AND ALSO
KNOW HOW TO LEARN MORE IF IT BECOMES RELEVANT TO THEM IF THEY NEED TO. AND WE WOULD WELCOME ADVICE YOU HAVE ON LIKE THINGS THAT YOU'RE FINDING SUCCESSFUL AND DOING THAT SO I'M JUST GOING TO
INVITE MYSELF PLEASE. YEAH AND WE CAN HELP EDUCATE OUR PEOPLE BECAUSE I'M TELLING YOU SO MANY OF US KNOW SO MUCH AND SO MANY OF US HAVE SO MUCH TO LEARN. SO I LOOK FORWARD TO LEARNING
ALONGSIDE YOU. THANK YOU AND THANK YOU FOR YOUR WORK. THANK YOU. THANK YOU. COUNCILOR MEJIA. I DON'T KNOW ABOUT ALL OF YOU BUT I LOVE THE ZONING CODE. I BRING UP THE ZONING CODE ALL THE TIME TO PEOPLE EVEN AT PARTIES.
I PROMISE SOME FUN AT PARTIES. BUT NO, IT'S IT'S IT'S IMPORTANT. AND COUNCILOR MEJIA BRINGS UP A GOOD POINT AND IT WAS AN EDUCATIONAL PROCESS IN EAST
BOSTON AND I FEEL LIKE THE FOLKS OVER THERE JUST DID SUCH AN INCREDIBLE WORK WHETHER THEY HAD MULTIPLE JOBS OR THEY HAD KIDS THEY WERE THEY WERE BUSY.
THEY SHOWED UP TO REALLY HELP DEFINE WHAT GROWTH LOOKS LIKE IN A CITY. AND SO I JUST WANT TO CONTINUE TO SHOUT THEM OUT AND ANYBODY THAT'S BEEN A PART OF A REZONING PROCESS I DO HAVE ONE LAST QUESTION THEN I WOULD LOVE
TO GO TO PUBLIC TESTIMONY BECAUSE WE DO HAVE FOLKS IN PERSON AND ONLINE AND THAT IS AROUND CEE FRIED I BROUGHT THIS UP MANY TIMES ARE YOU CAN WE SPEAK ON THIS? ARE YOU PREPARED TO TALK?
OKAY. YEAH. SO A KEY CONCERN THAT I'VE RAISED ABOUT CEE FRIED AND FOR THOSE LISTENING IN, CEE FRAUD IS THE COASTAL FLOOD RESILIENCE
OVERLAY DISTRICT. IT'S ARTICLE 25 THAT TALK ABOUT WONKY THIS IS TO HELP SHAPE THE BUILT ENVIRONMENT IN A WAY THAT
PLANS FOR AN ELEVATED FLOOD OR COASTAL OR STORM SURGE FLOOD ELEVATION THIS IS WHAT I WAS JUST LOOKING FOR. AND SO FOLKS WE'RE TALKING
ABOUT THE FACT THAT ARTICLE 25 WAS NOT ANALYZED IN IN ALIGNMENT WITH PLAN BOSTON. AND SO THERE'S BEEN DISCUSSIONS ABOUT RATHER THAN RETROFITTING PLAN EAST TO FIT WITHIN SEE FRAUD DOING IT THE OTHER WAY
AROUND WHERE WE ARE PROACTIVELY RIGHT SIZING SEA FRAUD TO REFLECT OUR NEIGHBORHOOD PLANNING GOALS AND SO I'M JUST CURIOUS TO KNOW WHAT INTERNAL CONVERSATIONS HAVE LOOK LIKE WHAT YOU'RE THINKING ABOUT THIS AND IF THERE'S ANY GUIDANCE FOR
US. I THINK A REALLY KEY THING FOR US AS WE LOOK AT THE SEA FRAUD, RIGHT, IS THAT IT IS A CITY WIDE OVERLAY BECAUSE SO MUCH OF OUR CITY IS VULNERABLE TO THE THREAT OF SEA LEVEL RISE
AND COASTAL FLOODS AND IT IS REALLY IMPORTANT AS WE PLAN FOR A RESILIENT FUTURE AND FOR CLIMATE CHANGE TO MAKE SURE THAT WE'RE KEEPING FOLKS SAFE
FROM THOSE RISKS AND THAT WE'RE DOING THAT CONSISTENTLY ACROSS THE CITY. SO WHEN YOU KNOW WE'RE ANALYZING THOSE IMPACTS, WE'RE ALWAYS LOOKING AT THAT TOGETHER .
WE'RE ALWAYS LOOKING TO MAKE SURE IT'S BASED ON THE MOST UP TO DATE SCIENCE AND MODELING AND UNDERSTANDING OF WHAT THREATS LOOK LIKE NOW AND INTO THE FUTURE. I THINK YOU KNOW I KNOW EVERY
PRESENTATION WE DID ON PLANNING AS BOSTON STARTED WITH THE FACT THAT THE NEIGHBORHOOD WAS THE CENTER OF TO EXISTENTIAL THREAT IN THE CITY AND I DISPLACEMENT AND THE THREAT OF SEA LEVEL RISE SO YOU KNOW FROM OUR
PERSPECTIVE THAT WAS ONE OF THE MOST IMPORTANT PARTS OF PLANNING AS BOSTON WAS UNDERSTANDING THE INTERSECTION AND THE IMPORTANCE OF THOSE TWO THINGS.
AND SO WHEN WE THINK ABOUT RIGHT THE SEA FRAUD AND HOW WE CONTINUE TO PLAN FORWARD WITH RESILIENCY, WE'RE GOING TO KEEP STAYING REALLY FOCUSED ON HOW WE MAKE SURE THAT WE'RE BRINGING IN THE BEST SCIENCE TO
MAKE SURE THAT FOLKS ARE SAFE, THAT YOU KNOW, SPACES ARE RESILIENT AND THAT WE'RE NOT PUTTING FOLKS AT THE RISK OF DISPLACEMENT THROUGH FLOODS AND OTHER COMPONENTS. THANK YOU AND THANK YOU FOR
THAT ANSWER. I HAVE ASKED IN THE PAST JUST TO GET SOME BETTER GUIDELINES OR CLEARER INSTRUCTION PLANS TO
BOTH BPA PLANNERS AND THE EPA ON HOW TO ACCOUNT FOR ELEVATION AND FLOODPLAIN LEVELS AND DEVELOPMENT PROPOSALS AND HOW TO ACCOUNT FOR THAT WHEN THEY ARE REVIEWING PROPOSALS IN
BOSTON THAT REQUIRE VARIANCE ESPECIALLY AS IT RELATES TO HEIGHT ON THE GROUND FOR A LEVEL AND JUST GENERALLY SO I DO APPRECIATE YOUR ANSWER AND I KNOW THAT THIS IS SOMETHING THAT COMES UP IN CONVERSATIONS
WHEN I GO TO HARBORVIEW AND OREGON HEIGHTS WE'LL GO TO WILL TRANSITION TO PUBLIC TESTIMONY. I THINK THAT CONCLUDES YOUR PART OF IT. IF YOU'D LIKE TO STAY, YOU'RE MORE THAN WELCOME TO HEAR ON
THE FLOOR BUT I WOULD PLEASE ASK TO STAY AND LISTEN TO SOME OF THE TESTIMONY THAT WE HAVE AND WE'LL START WITH FOLKS ONLINE WHO HAVE BEEN HERE WE WILL GO TO I THINK WELL, WHY
DON'T WE START WITH IN PERSON SINCE THEY'RE HERE WE HAVE BRIAN GANNON AND VICTOR BROCK NOW BRIAN, YOU HAVE 2 MINUTES IF YOU WANT TO STATE YOUR NAME AFFILIATION AND THEN VICTOR WHO
WE ALL KNOW WELL IS HERE IN THE COUNCIL AND THEN I DON'T HAVE A LIST IN FRONT OF ME FOR FOLKS ON MY BUT WE'LL START IN PERSON. THANK YOU SO MUCH BRYCE THANK YOU. I JUST WANT TO FIRST OF ALL THANKS FOR HAVING THIS CONVERSATION LIKE I'M REALLY
EXCITED ABOUT HEARING THAT THERE'S SOME INTEREST IN UNDERSTANDING AND ADDING TRANSPARENCY TO THE DEBATE. MY NAME IS BRIAN GANNON. I LIVE IN EAST BOSTON. I'VE LIVED THERE FOR ALMOST 20
YEARS AND I'VE SEEN A LOT OF CHANGE IN THE NEIGHBORHOOD AND I'M HAPPY TO HEAR THAT THE ZBA IS NOW STARTING TO REIN IN SOME OF THE DEVELOPER'S VARIANCES AND I FEEL LIKE
ALMOST EVERYTHING IN OUR NEIGHBORHOOD THERE'S VERY LITTLE THERE'S BEEN VERY LITTLE CONSISTENCY ABOUT HOW THESE DEVELOPMENTS WORK AND IT SEEMS TO ME THAT THE INVESTORS AND DEVELOPERS THAT COME IN OUR
NEIGHBORHOOD HAVE, YOU KNOW, AN UPPER HAND ON THE COMMUNITY AS FAR AS DEVELOPMENT GOES. AND IT'S JUST I MEAN WE WANT GOOD DEVELOPMENT BUT I WANT PLANNERS TO DO THIS AND PLAN THE NEIGHBORHOOD NOT THE
LAWYERS AND INVESTORS WHO HAVE BEEN REALLY CASHING IN ON OUR COMMUNITY AND WRITING CODE ESSENTIALLY THROUGH VARIANCES. SO I'M REALLY HAPPY TO HEAR
THAT THERE'S SOMETHING HAPPENING HERE SO AND THEN LET'S SEE HERE AND I'M VERY HAPPY THE PLAN WAS IMPLEMENTED. I REALLY HOPE THAT WE DO CONTINUE TO ASK THE DEVELOPERS
ADHERE TO TO THE PLAN AND THEN THINKING ABOUT JUST SOME OF THE HARDSHIPS IN THE WAY THAT HARDSHIPS ARE USED WITHIN THE ZBA LIKE I HEAR A LOT OF DEVELOPERS AND INVESTORS
THEY'RE LOOKING AT THE HARDSHIP IS THAT I'M NOT GOING TO MAKE ENOUGH MONEY ON THIS PROPERTY AND I DON'T SEE THAT AS REALLY THE HARDSHIP THAT SHOULD BE THERE SHOULD BE A VARIANCE FOR SO THOSE ARE JUST SOME OF THE
THINGS I JUST WANT TO SHARE BUT I'M REALLY HAPPY THAT YOU'RE CONSIDERING THIS AND THINKING ABOUT BETTER WAYS TO ADD TRANSPARENCY AND SUPPORT THE COMMUNITY. SO THANK YOU. THANK YOU. BRIAN YEAH WE HAVE ANOTHER D
ONE RESIDENT HERE VICTOR BROCK NOW IF YOU'D LIKE TO COME DOWN MAY I YIELD MY POSITION AND BE LAST? OF COURSE. THANK YOU. ALL RIGHT. WE DID HAVE RICHARD LENZ ONLINE.
IS HE STILL HERE? WHAT'S THAT? OKAY, SO RICHIE LENZ LEFT AND THEN I THINK BETSY KING LEFT US WHO SULLIVAN IS ON SUE, IF YOU
CAN HEAR US, PLEASE UNMUTE YOURSELF SO YOUR STATE YOUR NAME AND AFFILIATION IF YOU'D LIKE. YOU HAVE 2 MINUTES. CAN YOU HEAR ME?
YES. GREAT. THANK YOU. THANKS FOR GIVING ME A COUPLE OF MINUTES JUST TO ADD MY MY THOUGHTS ON THIS LETTER OF SUE
SULLIVAN. I'M THE EXECUTIVE DIRECTOR OF THE NEWMARKET BUSINESS IMPROVEMENT DISTRICT AND HAVE BEEN FOR 35 YEARS OR SO. SO I HAVE A LOT OF EXPERIENCE
WITH THE PLANNING BOARD AS WE INSPECTIONAL SERVICES A WHOLE LOT OF THINGS AND I GUESS WHAT I WOULD WHAT I WANT TO SAY IS WE JUST FINISHED DOING PLAN NEWMARKET ABOUT A YEAR AGO AND
AT THE TREMENDOUS IMPROVEMENTS IN IN MAKING IT SO THAT WE HAVE LESS VARIANCES AND I'LL NOW BUT THAT DOESN'T MEAN NO VARIANCES AND WHAT I'LL TELL YOU IS I'VE
BEEN ON BOTH SIDES I'VE BEEN ON I'VE BEEN WHERE WE'VE HAD DEVELOPERS COME IN AND THEY'RE PROJECTS THAT WE'VE LIKED AND I'VE GONE BEFORE THE ZBA AND I'VE SUPPORTED IT AND THERE ARE
OTHER TIMES WHEN WE'VE GONE BEFORE THE ZBA AND SAID WE DON'T LIKE IT AND WHAT I'VE ALWAYS FELT WAS THROUGH THE THROUGH THE PROCESSES WHETHER FIRST THEY HAVE TO GO TO THE
PLANNING BOARD AND THEY HAVE TO GO THROUGH MULTIPLE LEVELS OF THE PLANNING BOARD OFTEN I'M TALKING ABOUT THE BIGGER PROJECTS LIKE AND THEN THEY HAVE TO GO TO INSPECTIONAL SERVICES AND THAT THAT THE
INSPECTIONAL SERVICES PROCESS IS ROBUST TO SAY THE LEAST AND THEN ONCE THEY GO THROUGH THERE IF THEY MAKE IT THROUGH THERE THEY THEN GO TO ZBA AND WHAT I
FOUND AND CBA AND AND YOU KNOW I DO LIKE THE IN-PERSON AS OPPOSED TO TO ZOOM BUT I WILL SAY THAT I THINK THE ZOOM OPTION AND ALL GIVES THE
NEIGHBORHOOD INDIVIDUALS AND ALL MUCH MORE ABILITY TO ATTEND BECAUSE A LOT OF TIMES THEY CAN'T BUT I HAVE ALWAYS FELT THAT EACH AND EVERY PERSON ON
THE ON THE BOARD OF APPEALS IS ATTENTIVE AND LISTENING TO EACH AND EVERY PERSON INCLUDING EACH NEIGHBORHOOD PERSON AND WANTING TO KNOW WHY AND WHAT AND HOW
AND THEY'RE SITTING THERE TRYING TO DECIDE IS THIS IS THIS NEIGHBORHOOD PERSON TRULY I'M A BUTLER WITH A WITH A REAL
ISSUE THAT THAT MAKES SENSE OR IS IT SOMEONE WHO'S FURTHER AWAY AND JUST DOESN'T LIKE THE IDEA AND I GUESS I GUESS I'VE
ALWAYS FELT THAT THEY TOOK THE COUNCIL WHAT WHAT WHAT NEIGHBORHOOD SERVICES AND THE BOSTON CITY COUNCIL'S OFFICES THAT ARE THERE AND VERY
SERIOUSLY AND AND FOUND THAT THE QUESTIONS THAT THEY ASK AND HOW THEY COME UP WITH A REASONABLE DECISION HAS GENERALLY BEEN GOOD. HAVE I ALWAYS AGREED WITH IT?
ABSOLUTELY NOT YOU KNOW THAT IT WOULD BE IT WOULD BE CRAZY IF I THOUGHT THAT THAT WAS THE CASE . BUT AT SOME POINT THROUGH ALL OF THIS PROCESS A LOT GETS A
LOT OF THINGS GET VETTED AND THERE IS A LOT OF ABILITY FOR THE PUBLIC TO BE INVOLVED AND I GUESS TO ADD ANOTHER LAYER
OF OVERSIGHT WHEN IT'S NOT EVEN A LAYER THAT IS CAN MAKE ANY CHANGE IN IT. IT APPEALS TO ME LESS OF AN
OVERSIGHT AND MORE OF A I DON'T WANT TO USE THE WORD YEAH, WE'RE WE'RE WATCHING OVER YOU
BUT YOU BETTER DO THE RIGHT THING BY US BECAUSE WE'RE GOING TO TO VILIFY YOU IF YOU DON'T AND THAT'S WHAT IT FEELS LIKE TO ME IS IS ADDING A WHOLE
NOTHER LAYER THAT ISN'T NEEDED WHEN YOU KNOW THE COUNCILORS DO APPOINTMENTS AND THE COUNCILORS
HAVE THE ABILITY TO TALK AT THE AT AT YOU KNOW, THE HEARINGS AND I GUESS I JUST DON'T SEE THE NEED NEED FOR THAT EXTRA LAYER AS IT IS RIGHT NOW.
IT TAKES A VERY LONG TIME TO GET CONSTRUCTION, YOU KNOW DEVELOPMENTS AND ALL DONE THROUGH THAT THROUGH THROUGH
ALL THE PROCESSES AND YOU KNOW, I HATE THIS THIS WOULDN'T ADD TO THAT BUT IT WOULD JUST ADD ANOTHER LAYER OF ANGST I GUESS. AND WHAT I WILL SAY IS THERE
WAS SOME DISCUSSION A FEW MINUTES AGO ABOUT THE THE NEED TO ONCE YOU HAVE THE PLANNING, THE ZONING CHANGES IN PLACE WHY WOULD YOU HAVE TO HAVE VARIANCES AND YET THOSE THE
PLANNING PROCESS AT LEAST IN NEWMARKET THEY THEY'RE IN PLACE FOR THE NORM BUT THAT DOESN'T MEAN THAT THERE'S NOT GOING TO
BE YOU KNOW WE HAVE WE HAVE A PROJECT RIGHT NOW THAT YOU KNOW IS IS LOOKING TO HAPPEN AND IT DOES HAVE TO GO SLIGHTLY OUTSIDE THE NORM WE WEREN'T
PLANNING IT'S BEEN ABOUT 5 MINUTES IF YOU WANT TO HAVE ANOTHER 32ND WRAP UP, I'LL WRAP UP. I'M JUST I'M JUST SAYING JUST I THINK THERE'S A LOT
OF OVERSIGHT NOW AND A LOT OF A LOT OF STEPS AND I WOULDN'T CHANGE IT. SO IT'S ALL THANK YOU AND THANK YOU SO MUCH FOR YOUR WORK OVER NEWMARKET. OKAY.
APPRECIATE YOU. THANK YOU. DEXTER YOU'RE UP. YOU CAN UTILIZE THAT MICROPHONE RIGHT THERE TOO.
I THINK THAT'S ON THE ONE RIGHT IN FRONT OF ME OVER THERE. OKAY THANKS FOR USUALLY STAFF GO AHEAD. OKAY. GOOD AFTERNOON.
MY NAME IS VICTOR BRONYA. I'M A NORTH ENDER CHAIR OF THE NORTH END WATERFRONT RESIDENTS ASSOCIATION ZONING LICENSING AND CONSTRUCTION COMMITTEE. THESE COMMENTS ON MY OWN NOT
THE NOT IN OVER HIS COMMENTS BECAUSE I HAVEN'T TALKED TO ANYBODY ELSE ABOUT THEM. I SAID I HAVE A LIST OF HALF A DOZEN THINGS THAT I'M GOING TO READ BECAUSE 2 MINUTES GOES
FAST IF I HAVE TIME AFTER THAT I WILL SUPPORT WHAT I HAVE STATED IN THESE HALF A DOZEN THINGS.
I START BY APPLAUDING THE CHAIR FOR HER DESIRE TO ADDRESS SOME OF THE ISSUES CREATED BY THE ONE OFF SPAWNING ZONING THAT
THE ZBA HAS BEEN PERMITTED TO ENGAGE IN FOR NEARLY 60 YEARS. BUT I SAY THAT THE PROPOSED IMPROVEMENTS FOR ME DO NOT GO
FAR ENOUGH. LET ME JUMP TO WHAT I WOULD SAY IN CONCLUSION WHICH IS THAT I THINK WHAT IS NEEDED IS A STUDY COMMITTEE PERHAPS BY THE
LEGISLATURE WHICH INCLUDES DEVELOPERS, LAWYERS, LAWYERS WHO SPECIALIZE IN ZONING THE COUNCIL COUNCIL MEMBERS OR
WHOEVER SHOULD BE ON THE COMMITTEE. BUT I THINK A FUNDAMENTAL STUDY OF THE BOARD OF APPEAL AND ITS
ACTIONS IS NEEDED BECAUSE I FEEL THERE SHOULD BE ABSOLUTELY NO WAY THAT THE BOARD OF APPEAL CAN GRANT A VARIANCE IN AN AREA
WHERE THERE HAS JUST BEEN ADOPT A NEW CODE AFTER A LENGTHY PLANNING PROCESS WHICH INCLUDED EXTENSIVE COMMUNITY INPUT AND
AS I UNDERSTAND IT THAT HAS HAPPENED IN EAST BOSTON I BELIEVE BUT WHERE IT JUST ONE YEAR AGO APRIL 24 A NEW
CODE WAS ADDED BY THE THE ZONING COMMISSION. IF A SERIOUS ERROR HAS BEEN MADE IN THE CREATION OF A NEW ZONING CODE THAT REQUIRES
RELIEF IT SHOULD BE ONLY GIVEN IN MY OPINION BY THE SUPERIOR COURT UPON A FINDING THAT THE APPLICATION OF THE NEW CODE TO A PARTICULAR PARCEL WOULD
RENDER THE PROPERTY UNUSABLE AND AMOUNT TO A CONFISCATION FOR WHICH THE OWNER WOULD OTHERWISE BE ENTITLED TO DAMAGES. THAT IS IF THE OWNER CAN'T USE
THE PROPERTY IT'S WELL IN CONTRAST IF THE CITY OR THE STATE TOOK IT BY EMINENT DOMAIN THE OWNER WOULD BE ENTITLED TO THE FAIR MARKET VALUE.
BUT IF FOR SOME REASON A BIG MISTAKE WAS MADE IN THE ADOPTION OF THE ZONING CODE AND THE PROPERTY IS UNUSABLE THAT THERE'S NO COMPENSATION.
SO THAT WOULD BE IN MY MIND CONFISCATION AND A VARIANCE SHOULD BE PERMITTED. THIS IS KIND OF HEAVY BUT I WANT TO SAY IT ANYWAY THE
CORPORATION COUNCIL SHOULD BE BARRED FROM REPRESENTING THE CITY IN ANY LITIGATION INVOLVING DEFENSE OF A ZONING VARIANCE AWARDED BY THE ZBA IN VIOLATION OF THE PROVISIONS
OF A NEWLY ADOPTED ZONING CODE AND PERHAPS EVEN THE NEWLY ADOPTED ZONING CODE. BUT LET ME POINT OUT THAT
SOMETHING THAT WE ALL KNOW BUT PERHAPS THE PRESS DOESN'T KNOW IT THAT THE ENABLING ACT WHICH ENABLED THE CITY OF BOSTON TO
ADOPT ZONING CHAPTER 665 OF THE ACTS OF 1956 SAYS WITH RESPECT TO VARIANCES WHERE OWING TO CONDITIONS ESPECIALLY AFFECTING
SUCH PARCEL OR SUCH BUILDING BUT NOT AFFECTING GENERALLY THE ZONING DISTRICT IN WHICH IS LOCATED A LITERAL ENFORCEMENT OF THE PROVISIONS OF SUCH ZONING REGULATIONS WOULD
INVOLVE SUBSTANTIAL HARDSHIP TO THE APPELLANT AND WHERE DESIRABLE RELIEF MAY BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD ETC. AND THAT IS REFLECTED IN IN IN THE
ZONING CODE ITSELF. SECTION 7-3 THAT'S WHY I SAY THAT THE LEGISLATURE DESCRIBES WHAT TO ME IS CONFISCATION.
IT DOESN'T MEAN THAT IT MIGHT BE NICE IF WE PERMITTED A VARIANCE FOR THIS PARTICULAR PROPERTY. I SAY IT'S ILLEGAL AND THAT IT
GOES FAR BEYOND THE AUTHORITY GRANTED BY THE LEGISLATURE NOW IF THERE IS SOME QUESTION ABOUT
THE STRENGTH OF MY POSITION WHERE DOES THIS GUY COME FROM? YOU DON'T HAVE TO LISTEN TO ME. LISTEN TO A SUPERIOR COURT JUDGE IN THE CASE OF VAN BUREN
VERSUS VERSUS SOUTH BOSTON, NEW HOUSING 20 YEARS AGO FEBRUARY 5 TO 5 IF ANYONE WANTS TO CHECK
IT, THE SUPERIOR COURT JUDGE SAID THAT WITH RESPECT TO A VARIANCE DECISION THE DECISION DECISIONS NO DECISIONS OF THIS CALIBER PROCEED CONTINUOUSLY
INTO THE SUPERIOR COURT. THE DECISIONS DISPLAY NO DELIBERATION UPON THE LEGAL MERITS OF A VARIANCE APPLICATION AND THEY SHOW NO SIGN OF ANY CONTRIBUTION FROM THE LEGAL MIND.
I UNDERSTAND THAT THAT NOW YOU'RE PAST 5 MINUTES YOU WANT TO DO ANOTHER 30 SECONDS, ANOTHER 30 SECONDS. I THINK I'D LIKE TO HAVING
GIVEN YOU THE REFERENCE YOU CAN READ IT, TALK ABOUT THE UNFAIRNESS, CONSIDER MOM AND POP AND A THREE DECKER AND THAT THEY'VE BEEN LIVING IN ALL THEIR LIFE AND WANT TO LIVE TO
THE END OF THEIR LIVES. SOMEONE PURCHASES THE PROPERTY NEXT DOOR AND AND WANTS TO BUILD A 15 STORY HIGH END CONDOMINIUM WITH WINDOWS THAT WE'RE LOOKING AT AS THEIR
BATHROOMS ARE. SHOULD A ZONING VARIANCE BE APPLIED? NO, I DON'T THINK SO. BUT IF MOM AND POP CAN'T AFFORD LITIGATION THEY WILL BE STUCK
WITH IT. THAT'S UNFAIR AND THAT SHOULD NOT BE AND THAT'S WHY I CALL UPON THE CORPORATION COUNCILOR. OH WELL FOR 60 YEARS THE LAW
DEPARTMENT HAS BEEN IGNORING THE ILLEGALITY BUT SOMEONE SOMETIME SHOULD SAY NO, THIS IS UNFAIR, THIS SHOULD NOT HAPPEN. WE SHOULD STOP. THANK YOU.
THANK YOU SO MUCH, VICTOR. AND I THINK THAT CONCLUDES WE HAD A LOT OF OTHER FOLKS LEAVE THE ZOOM UNFORTUNATELY. BUT I WANT TO THANK THEM FOR THEIR WRITTEN TESTIMONY. I WANT TO THANK MEMBERS OF THE ADMINISTRATION FOR BEING HERE,
MY COLLEAGUES AND THE COMMUNITY FOR THEIR THOUGHTS, THEIR VERY THOUGHTFUL FEEDBACK, SUGGESTIONS AND COMMENTS. OBVIOUSLY THERE'S THERE'S SOME WORK TO DO ON THIS. I THINK THERE'S COMPONENTS OF IT THAT WE ALL AGREE ON
THINGS THAT WE CAN CONTINUE TO WORK ON BUT FOR NOW KEEP THIS IN COMMITTEE WITH POTENTIAL WORKING SESSIONS AHEAD. BUT FOR NOW THIS DOCKET ON THE
GBA 0613 IS ADJOURNED. THANK YOU EVERYONE