WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=dg2NgVBIFA8

NOTE
MEETING SECTIONS:

Part 1 (Video ID: dg2NgVBIFA8):
- 00:15:00: Zoning Board Roll Call and Meeting Introduction
- 00:15:31: Sunrise Aftercare: Removing Conditions of Special Permit
- 00:19:09: Determining Major or Minor Modification of Permit
- 00:24:55: Board Members Vote: A Minor Modification Declared
- 00:25:58: Wimmit Street: Parking Requirements and Enforcement Appeal
- 00:26:50: Building Inspector's and Resident's Initial Explanations
- 00:28:54: Swearing-in, Clarifications, and Zoning Ordinance Dispute
- 00:32:37: Understanding Parking Regulations and City's Stance
- 00:35:21: Council's Explanation and Building Classification Clarification
- 00:40:45: Historical Practices of Parking Calculations Discussed
- 00:42:24: North Suffach's Services Definition and Zoning Laws
- 00:45:52: Board Members' Further Clarifications and Public Input
- 00:51:46: Disagreement Over City's Responsiveness and Public Input
- 00:56:43: Legal Avenues, Court Appeals, and Expert Opinions
- 01:00:21: Board's Reliance on Expertise and City's Determination
- 01:06:16: ZBA's Legal Authority, Building Plans, and Application Review
- 01:09:37: Motion to Deny, Legal/Administrative Issue Clarification
- 01:11:13: Decision Rationale, Conversations, and Consistent Application
- 01:13:23: Appeal Denial, Final Remarks and River Beach Parkway Intro
- 01:14:17: River Beach Parkway: 67 Units and Parking Variances
- 01:16:40: Details: Height, Number of Units, Zoning Regulations
- 01:20:32: Inclusionary Units, Public Opening, Restaurant Concerns
- 01:24:52: Reading Letters: Local Business and Resident Concerns
- 01:30:15: Resident Concerns: Smart Growth Overlays and Cumulative Impact
- 01:44:46: Parking Dilemma, Inclusionary Units and City Meetings
- 01:47:10: Public Comment: Clarification on Affordable Housing Tiers
- 01:49:03: Public Comment: Concerns about Traffic Flow on Adam Street
- 01:52:05: Discussion on Affordable Housing, Traffic, and Planning Board
- 01:53:46: Scheduling and Planning Board Review Details
- 01:56:26: New Case: Two-Family Woodframe Dwelling on Springville Ave
- 02:03:51: 88 Springville: Accessory Dwelling Unit Proposal Overview
- 02:07:44: Unit Breakdown, Aesthetics, and Modular Construction Benefits
- 02:11:04: Questioning House Demolition, Fencing and Garage Entrance
- 02:13:02: Clarifying Variances for Single vs Multifamily Homes
- 02:15:07: Public Comment: Ownership Dispute on the Lot
- 02:17:38: Public Comment: Concerns about Condos and Traffic
- 02:19:57: Public Comment: Three Units, Address and Parking Concerns
- 02:22:22: Cherry Street: Six-Family Dwelling, Special Permit, Variances
- 02:23:26: 82 Cherry Street Proposal: New Four-Story Building Overview
- 02:26:20: Floor Plans, Site Plan, Rendering and Construction Materials
- 02:30:03: Height Comparison, Dumpster Removal, Building Ownership
- 02:33:35: Discussing Turn Radius, Fencing and Space Considerations
- 02:36:37: Public Comment: Parking and Towing concerns
- 02:38:00: Reading Letters of Support for Cherry Street Development
- 02:39:20: Orange Street: Habitat for Humanity Four-Family Dwelling
- 02:41:21: Habitat For Humanity Orange Street: Affordable Housing Project
- 02:44:55: Variances and Special Permits Requested for Project
- 02:45:59: Site Rendering and Architectural Details Overview
- 02:47:0: Certified Plot Plan, Proposed site layout and Parking Area
- 02:49:19: Floor Plans and the Units Description
- 02:51:32: Discussion on Unit Sizes and Height of Second Floor
- 02:54:33: Public Comment: Support for Accessible Housing Units
- 02:56:08: Public Comment: Community Input and Affordability Crises
- 03:07:40: Reading Letters of Support for the Orange Street Project
- 03:13:58: Madison Avenue: One-Family Home, Variance on Lot Size
- 03:16:30: Answering Variance Requirements & Sufficiently Different Project
- 03:20:52: Public Comment: Concern for Preserving a Maple Tree
- 03:22:37: Public Comment: Concerns About Curbs, Utility Poles and ADU
- 03:25:45: Variance Approval and Conditions, Fencing Discussion
- 03:29:46: Adjournment: Waiving Meeting Minutes and Next Meeting


Part: 1

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Hello, this is the zoning board of appeals today, May 12th. Um, I am Janice Tutara. I am joined by other board members Arthur Arsenel, Ugle Paradomo, Joseph Mahoney, Marilyn Vega Torres, and our esteemed staff, John Dri, Will

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Cetcho, and Hector. So, um, we're going to take things slightly out of order today because we think we'll be and as we can see, she's already been told, so she's a very happy woman. Um, so the first case in front of it is 2024-21

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um 125139 Library Street, Sunrise Afterare LLC, Sunrise ADH Chelsea LLC. A request to remove conditions of the approved special permit. Couple of things. Make sure when you speak, you speak directly into the microphone. And you'll probably hear me say that many

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times tonight, including to people up here. Please turn on your microphone. So, um, you can start by introducing yourselves and introducing yourself and tell us what it is that you're looking for. >> Thank you very much for the courtesy of, uh, putting me first. My name is Dina Brown. I'm from the law firm of Bletzer

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and Bletzer, PC. We are looking, um, to have the conditions of the special permit removed. Um, this property had a special permit issued in 2012, at which point it was con being converted from

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offices to an adult uh, daycare program. And most of the conditions uh, that were set forth really had to do with the construction, but there were a few conditions um that had to do with the hours of operation, the number of people

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on the premises. Um there was one about any time the property was changing ownership that we would have to come back to the board which we did in uh in 20 end of 2024 >> was my birthday I remember. Thank you.

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Uh and the decision was issued January 2025 so that we wouldn't have to keep coming back. Well, now we're at this point where my clients are going to be doing some renovations to add more space for the participants, fewer offices. One of the uh businesses that they had in

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there, which was the adult foster care program, they've moved that to a different location. Um they met with an architect who did an occupancy review based on the new design and that they determined that uh the occupancy could

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be 119. Um, previously they had an occupancy of 80. However, in the special permit, the occupancy was limited um to 50 clients and 12 staff. Um, it's my

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understanding that a lot of this was done because it was the first time that this kind of business or operation was coming into town. It's on a street that there are a lot of residences and the board wanted to monitor the traffic, the parking, etc. Um, we've been there now,

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well, the prior owner and my clients have been there now for 14 years. By the time it was built, so at least over a decade in my understanding, there's been no incidences, no reports, no uh complaints at all. So, what we just like to do is not have to come back to the

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board anytime we want to either change our staffing, change our hours of operation. Um, I think there were three things that we >> What specific condition do you want removed? >> Well, we wanted all of them removed. >> Well, you can't tell us we want all of them. Then you have to tell us what they

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are. >> Okay. So, um, condition one and condition five through 20 all had to do with the construction and the permitting of the building. That's been completed years and years ago, so really not applicable anymore.

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>> Um, conditions two, three, and four limited the hours of operation and staffing at the premises. Um, and I can read them out loud if if >> I would like you to do that. Yes, please. >> Yes. Okay.

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John, is this a public hearing or we just here to determine if it's a major or minor modification? >> You have to determine if it's a major or minor. If you determine it's minor, you can vote tonight. If you determine it's major, you'll move it to a hearing. >> Okay. Thank you. Um, so number one was

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that if we wanted any modification, we had to submit in writing, which I did, and that's where I got the advice from Mr. Dri that we should file here. >> Okay. Um, number two is the petitioner shall notify the department of planning and development regarding proposed

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changes to staffing levels and program operation hours. Um, and then that would be subject to department review and whether it has to go to the ZBA, which again is I think why we're here. And then number three was the program shall have no more than 50 clients and 12

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staff on site. And number four was the limitation of hours between 7 am and 6 pm Mondays through Fridays um unless otherwise applied for. So my claims do not intend to have clients there on the

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weekends, but they would like to be able to use the building on the weekends for staff training, paperwork, administrative work, and the way it reads now, they can't even use their own building on the weekends. >> Okay.

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>> Any Any questions? >> Just I I we would just do the 7 a.m. to 6:00 pm seven days a week. >> 7 am to 6 p.m. >> Yes. >> Seven days a week. Is that what you said? >> Yes. >> And what what about clients? Would that increase?

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>> Uh clients would not be in on the weekends. >> Okay. No. And you're not expanding physically the building. >> We are not expanding the footprint. We are taking down some walls on the inside. Um eliminating a few offices,

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hopes of giving a a game room and some private quiet rooms, basically more space for the clients than the staff. And as I recall, when we first approved this, we there was a bus that would drop people off at the end of the end of

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driveway, come up the ramp. Yes. And that still happens. So clients are uh are shuttled there through a van. Um they're nobody parks there. And for the clients, there are a few people that are dropped off by individuals who don't take the van, but again, they're not

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parking on this side >> and the van is in the your own parking lot, not on the street. Correct. Correct. Correct. >> No, you have to keep that open, sir. I'm sorry. Thank you. Um John, have there been any complaints? Uh I have a discussion with the building

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inspector. No, there have not been any complaints. >> Any other questions? Please keep the door open, sir. Sir, thank you. >> Any other questions? Yeah, I'll let you go. >> When you say that you're going to your workers going to use on the weekend that

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means Saturday, Sunday or just Saturday? >> Well, we want it available in case we need to do trainings for an entire weekend. So, Saturdays and Sundays. We could certainly limit the hours on a Sunday if if you wanted that, if the board wanted that, but we'd like to be

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be open just just to do other work that's not related not on hands with the clients. >> Do you foresee increasing the amount of clients? I mean, is it then like the activity is not going to like

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>> I don't believe so. >> Yeah. Yeah. Yeah. Okay. All right. I just think it's going to enrich them more. >> Yeah. Yeah. Yeah. >> So, I just want to clarify. So, you want basically to I I guess um there's I don't know how to put this. I mean, I

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think I I exactly I think that the hours and personally and we you think it makes sense to have it available for your your use as long as it's not for client use, right? um especially since there's been a complaints and I think the number of clients should be modified based on what there's a need that's there but I don't

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know I think that there still should be certain conditions where they would be required to come back to the department for certain things I mean you know we usually do that for most of our special permits that you know if there's a change in use or a change in you know so

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how would that >> well if there was a change in use they would uh it would be dependent on whether that use is permitted by right or special permit whether they would have to come back to you anyway. So, what's your what's your first what's your first um special permit not? What's number one?

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>> The modification. >> What's No, what's number one now? >> Oh, number one is just that I would have to notify um if we want any revisions that we'll request in writing three weeks prior to a regularly scheduled meeting a determination as to whether

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it's a modification that has to go back to the zoning board or not. >> Do we think that we need something like that? I mean just you know like maintain number one. >> I I would agree. >> I mean I mean I I guess that's my feeling because I think because if there are major you know we we don't I don't

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want to completely take give take away the respon the opportunity for the planning board or the city to weigh in if there's a problem. So number one >> keeps that. >> Okay. >> Yeah. I I agree with that. But then like these other you know I think these other

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requirements those we can we can remove and that's a minor modification. I don't see that being an issue. >> See that as a minor? >> I see that's it's a minor modification. >> You go me or minor >> minor >> Joe.

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The other one middle one. >> I I consider a minor >> Marilyn >> a minor. Um okay. So, may I have a motion to um a motion on this to is Arthur? Would you like to make a motion? >> I make a motion to uh declare this a minor modification.

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>> Have a second. >> Second, >> Joe. All in favor? >> I >> Okay, number one still applies two, three, and four. And the other ones that had to do with the construction? >> Well, those are those are irrelevant now because I mean you said because I think

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again number one would cover those. If you made con if you made construction changes, we would want you to come back. >> Correct. So I you know there's >> we understand the oper again for my opinion your operations internally as long you know >> you have to be able to be flexible right

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but if you're talking about you know we don't want you to be able to go and build another room on without >> that makes perfect sense yes absolutely we have to obvious comply with the building code as well so so there you go >> okay thank you very much I appreciate it >> and I've been here on my birthday a number of times

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>> I like coming here wow >> okay again we're going take. Do you want to go get um Cheryl? >> Oh, I didn't see you. You snuck in on me. Um, so we're the next one we're going to take is 2026-055 Wimmit Street Meridian Warf Condominiums

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Trust Car Tanya Trev Trevson Esquire Marion Shaughnessy and Uided LLC as a notice of appeal of the refusal and or failure of the city of Chelsea building commissioner to enforce the off- streetet parking requirements of

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sections 34 section 34-283 of the zoning ordinance. Okay. So, please identify yourself for the record. Um, and explain this to me because I'm kind of confused. >> Yeah, that's Thank you very much. Um, just give me a moment. I thought I was toward the end. >> Yeah, >> just first of all, you can start by

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telling us who you are. >> Yeah, sure. I'm Brendon Devany. I'm a resident of 37 Witness Street. It's a condo. Um, we had a lawyer represent us previously. She couldn't fire the paperwork. Wasn't able to make >> Make sure you're talking to the mic. >> Wasn't able to make it. So, I'll be representing the condo. >> Okay.

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>> Yeah. Cheryl, is there something you want? I mean, are you here to help us explain? >> On behalf of building >> Oh, get into your microphone. Get get the microphone. >> Cheryl Fisher, the city solicitor on behalf of the building um inspector

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who's also present. Mike McIT. >> Okay. So, explain what's going on. >> Yes, I will. >> Take your time. >> Sorry. Again, um I think I have one more sheet of information. Give me one. >> We've lost him. He'll be back.

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Thank you. So, John, clarify for me. So, is this the petitioner? >> Is he representing the petitioner? >> Brendan. Brendan, you're representing a petitioner, correct? >> Yeah, I'm already you brought Okay. All right. All right.

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>> Yes. Okay. >> Um, >> he has to be sworn in. You have to be sworn in. Cheryl, you want to swear I'm in? >> No, you >> Oh, I'm sorry. You do. >> Oh, I swear. Oh, what do I do? On me. >> Do you swear to tell the truth, the whole truth? And nothing, but I swear. >> So, I swear.

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>> I've never done the chance to do that. Okay. >> Right. This is an appeal. This is a semi-judicial. >> Right. It's so that's and I and I don't mean to to make light of it. It's just that it's something I I want to make sure that we're doing it properly and it was as I was trying to understand it as I'm reading it, it was very confusing to

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me. So, I'm hoping you can clarify. >> Yeah. And please interject if you have questions along the way if I'm not making it clear. >> We will. We will. >> Okay. >> Don't worry about it. >> Yeah. So, like I mentioned, my name is Brendan Devany. I'm a member of the condo association next to uh the property in question. Uh I'll explain

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that in a moment, but uh we had submitted um a letter. >> Where are you on this map? >> Um I'll I'll get to that shortly if I may. >> Oh, on that map we're in See where 35 Wimmit is? Y >> to the left of it there's kind of a gray box that's near. So that's where you

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are. Okay. >> Yeah, we above the property. >> The empty box right here. >> All right. Good. >> Great. So we had submitted um a request to Mike McTeir uh to enforce the parking regulations for the city. Um when we didn't receive a response from that, we

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appealed it and that's what brought us here today. and we're seeking a determination that the number of off-seat parking spaces provided for the project does not comply with the requirement of the zoning ordinance and requires a variance from the city of Chelsea zoning board of appeals. And uh

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you have the information before you now so I can describe the property a bit. This project has four parcels of land. There's five Winnace, 35 Wimmit, two William Street, and 10 William Street. All of these are being converted to a

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parking lot. You can see that on the next page in the packet. So the property is owned by Jonah Jacobs through Bellum Realy. The archite architect for the project is Douglas Shupe of DSA Architects. The construction manager for the project is Points North owned by Nick Hall.

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>> I I'm I'm really sorry, but you got to slow down. I because I really I can't understand what you're saying. >> Sure. So the property is owned by Jonah Jacobs through Bellum Realy. The architect for the project is Douglas Shupe of DSA Architects. The construction manager for the project is Points North, which is owned by Nick

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Hall with uh foreman Steve Dion. And the project is to be leased and occupied by North Suffach Community Services. Uh the building is slated to be used by uh North Suffach uh and serve as a community behavioral health center. Uh community behavioral health center

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serves many purposes. 247 crisis response, same day evaluations, mobile crisis teams, urban urgent outpatient access, care coordination, addiction treatment, and extended evening and weekend hours. I can read shortly here

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two excerpts that describe behavioral >> No, no. What I want to know is what you're what you're not object you're here to object to parking. Sure. Right. I don't understand what you're what you're asking for. So the um the reason I was going to read this

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>> and and I don't mean to intimidate you. I I don't I just I just I'm just trying to figure out >> Yeah. So what the the gist of the argument is that I believe there are too few spots in this according to the zoning ordinance and that has to do with the classification of the building. And I'm going to argue that the classification of the building should be

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that of a clinic and that according to the zoning laws that the number of parking place spots for this property is too small and therefore there should be a zoning board of appeals meeting to allow for public input on the project. >> Okay. So what you're saying is and again

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I'm trying to see if I understand. Sure. You're not objecting to what's being built there because that's a whole what you're saying is for what's being built there you feel that there are that you there should be more parking and the city has said no there's sufficient parking >> right that

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>> and you feel that there's not sufficient parking >> the parking the city has argued that the parking is in compliance with the zoning regulations and I'm arguing that that that's I don't see how that's the case. >> Okay. >> Yeah. John, has this been before us?

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>> It has not been before us. This the use as an educational nonprofit. It is comes under the do amendment which allows the use by right. >> So we've never weighed in on parking. >> No. >> Okay. So So again, clarify for me, John.

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I mean, the city says there should be how? So let's let's be hard numbers. Let's talk about numbers. The city says it should be how many? You think it should be how many? Um the city has approved 1007 or 109 spots.

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I give me a moment to verify. It's between 100 and 110. >> Okay. Okay. >> And I think that the the number and the minimum should be around 160. >> Okay. >> Yeah. And that has to do with the classification of the property and the use of the facility. >> Okay. >> Yeah. >> So that's what you're you're arguing.

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>> That's right. Yeah. >> Okay. >> So that and that's the gist of it. I guess I okay >> I guess I don't understand you know we've never had to face something we've never had this kind of a of of a thing before I mean generally the city we you

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know we have relied generally on the city telling us what is needed for parking and if it's necessary if parking is relief is needed we it comes before us. So, but in this case, it hasn't come before us because there was it didn't need to

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>> because the building inspector uh agreed that it was a use permitted under the by right under the do amendment and his uh and the city can correct me that um his determination that it meets the number

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of uh on the do mention amendment u uses permitted by right subject to reasonable dimensional and pocketing restrictions. >> Um, it met the the dimensional requirements and the building inspector determined that it met the number of

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parking requ uh needed. So that's why it never came to for the Z board appeal. They essentially did not need a permit from the board of appeals. >> So it's an interesting I mean it's a case of sort of first impression from us at this point because I don't know quite how to address that. you know what is

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what is the role that the zoning board plays in this situation and I'm asking that of the council because she's yeah >> so under um chapter 48 initially when the building permit was issued they had

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30 days to appeal that determination took more than 30 days since the building permit was issued so now they've requested there's another avenue under chapter 48 um to seek enforcement of the zoning laws through the building

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um commissioner who's our zoning enforcement officer. So basically they're asking you to see um to require this building to have more parking based on what they deem to be the classification of the building, the type

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of use. But but we but according to the city this relief was not necessary and therefore the case did not come to us. >> So the city deemed the prop the use as office buildings which we usually do

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professional buildings which um we tend to do not a um um medical center or a clinic which is the other definition in our zoning code. We don't consider the medical center or a clinic because um

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the the history of Chelsea is if it's not a physical medical office. So this is just this is therapy. For example, an individual dental office is a professional office, a dentist. But if it was several different dentists

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working in one building, that would become a medical office. Right? So this is North Suffach alone, not office suites, but North Suffach providing services, mental health. This was deemed an office

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building by the medical. >> So it's one company, one company is occupying this is occupying this. >> Yes. And there's nothing physically being done in the offices. It's more um um therapy. So yes, the practice in the

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city is different than maybe what we would normally legally define a clinic to be because every does it differently. We've defined a medical office to be more than one medical use. If you look at it, it says varying uses under our

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definition of what a medical center is and how we deem four spots per office. This is one office. So, we deem the parking based on the square footage. and and what's not before you is that

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several iterations of plans went before the building inspector and he threw it out and said you can't park here, you can't do this. This is one owner, four parcels merged for zoning purposes. So, it's one it's going to be one parcel. It does have several uses on the on the lot

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and so we had to look at the laboratory use which is to William Street on that plan which I have not seen that plan but on that plan is one of the buildings and the other will be the North SuffK um office building. >> Again, one owner of all of these

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>> the property owner owns all four lots but there's several buildings on the lot. one is used as a lab and and and and I >> but again for this enterprise but all of them are >> the laboratory is a separate >> oh >> lease separate tenant >> okay

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>> so there's two tenants it's the laboratory and the um North SuffK um proposed center center the laboratory itself requires one parking space per 1,000 square feet plus one space for every three employees on a

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large shift there's basically only three employees ever in there. And so the 8,400 or so square feet rounded up came to nine parking spaces. The professional building, the professional office building that North Suffach will um be in is under our

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zoning code is one parking space every 300 square feet. the actual square footage of the building, which changes between plot plan. Well, plot plans don't really do square footage of buildings correctly, but um ended up being 25,014

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square feet, which ended up being when you round it and divided by 300 is 84 parking spaces. All that's really required on this particular lot would be 94. They have well over a hundred spots. >> So 94 combined this this combined area.

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>> Yes. Yes. And and that's what I believe is before you tonight is that I think depending on the classification, it would be different. If you looked at the definition under our code, in all fairness, it would just be four spaces.

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So I I I think if you read our code the way it's written, it could it could be confusing to people, but if you actually read our code, the parking is four spaces per office. There's one office. It's North, right? They may have split

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it up into different rooms and different interior offices, but it's the office of North Suff um community health. So, this is the way we've always applied it. I know it it seems weird because I had to review the definitions myself, but the practice has always been if it's one

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professional building, we go by the square footage of the professional building and determine the parking that way. >> I don't know. I can't recall a time and maybe you guys can John you can that we've questioned the classification >> of the build of the building inspector

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you know >> zone board has never >> we've never done that I've been here but you have the authority to do so under the >> right we have the authority but I would feel um remiss in putting my

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expertise of the classification we you know we get to interpret classifications put it put requirements over it but you know so I don't I don't know that I am more ex I am more expert at defining the definition of this

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building than you or Mike Macki I just I just I'm a little that's why I'm kind of confused about this not we've never come in and said oh no we don't agree that it's a office building it's a you know I mean an apartment building is an apartment building. We've argued about, you know, what its shape

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should be. We've argued about how many rooms there should be. But we've never had somebody come in and say, "Oh, no, it shouldn't be an apartment building. It should be something else." I mean, you know, when when it's when it's, you know, it's it's R2. You know, we don't argue it's not R2. We argue it's our, you know, we agree it's R2. We accept

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that on faith on fa as fact. >> And you did when North Suffach also has pretty much part of their services a downtown um right on Broadway. They You have a building on Broadway, same youth, same determination. It's a different

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zone, but it's um the same classification. >> I would I would like to uh color that the building that's currently in Chelsea is not a community behavioral health center, which is a formal definition that was recently introduced that and it's one of the main motivations for

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North Suffach to move to that location. What the community behavioral health center does is it complements the traditional services that North Suffach provides with emergency care. The goal, as I understand it, is to alleviate some of the pressure on emergency rooms by providing another uh venue for treatment

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and care. >> You see, Brendon, one of the things though, we have to interpret the zoning laws, not you know, the the um what they're I again unless there's some kind of zoning change that is meant to take in a mental health clinic treated differently than anything else. I don't

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know. I mean, and again, I don't know that that's relevant, but I mean, we we can't we're just sort of limited to like this is what this this is what zoning says and this is how we have to interpret it. So, I mean, I don't >> what what is it that zoning >> I mean, if if the zoning comes in and

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tells us it's treated as a business and that they've determined based on, you know, square footage, etc., that should be something like 94 spaces. Then, you know, we're we're often in a position where somebody will say, "Well, we're supposed to have 94, but we only

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have 70, so we have to argue about that, you know, but in this case, we're supposed to have 94 according to this the zoning that we've been told that we rely on, and there's 10 and something." So, it's it's a

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it might be a bridge too far for me. I mean, I I just I don't know. I mean, what do you guys think? And and the sad part about our zoning code is that if we did take their definition, they'd only have to provide four spaces because it's not a medical clinic of varying

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different types of services, which our definition of clinic >> for Parkinson for Parkinson's. It says varying medical or dental or clinical services. And it says it's just one. >> Is MGH considered one? Is it the MGH

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building on Eastern A whatever? >> They don't they don't have they their parking is even less. I believe they got a varian. >> No, but I mean what are they classified as? What are they considered? Do you >> That's a medical center because of the physical >> they do everything there.

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That's varying services. >> Varying services. >> Okay. So there's so there's one so again let's there's one service being provided by one provider at this site. >> So I even asked we have an MRI imaging. So what did we do with the MRI imaging

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that's in Patriot Park there off of Everab and they said that's considered a professional office building >> office use. >> Cheryl in in the definition it says any for space for each individual office or suite. >> Yes. >> Brandon it's I just for the purposes of

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this put your question Yes, >> it's it's an entire building of one. It's North Suffach and they have suites of office. Like it's however you define what a suite of offices, it's one operation. >> Suites plural. >> But suites tend to be different

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businesses working out of it. So the dentist is here, dentist so and so is here. Dentist so and so has his own office suite here. That's when we say it's for the microphone. That's what we would say I believe is how we apply four

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spots per suite or per office when there's varying different offices in one building. Here we have just North Suffach Mental Health or we if we just have one dentist we just go by that's a professional building. >> Counselor, I'm going to swear you in as

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well. >> Oh, you can swear. >> We swear to tell the truth, the whole truth, and nothing but the truth. >> Yes, I do. >> Thank you very much. Um, you are sworn in. >> Yes. Thank you. I It it it sounds confusing because of the ever evolving services that are provided

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and how we provide them um in the medical field. But I am telling you how we practice what we have in our our zoning book. I think um even if you went by the literal meeting, this particular building is different because it's a

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huge building with one provider. The provider is North Suffach Community Health that has several different offices. It's an office building basically. >> So, so Brendan, here's the thing. And and and again, John, I'm asking you to clarify this for me. So, what you're saying is they should have 165 and they only have 100. Let's for the sake of

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argument say 110. >> That's right. >> Okay. >> So, that's the kind of thing that if that's what's raised at the if at the beginning of this process >> it was determined that they needed 165. >> Yeah. and they only had 110 then it

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would be in front of us because the we would rely on the determination of the city and Mike McTier to I said that wrong to tell us what's needed. So that's that's why it's it's a very odd thing for us. So, you know, so

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he comes, you know, he'll come in and say, "Zoning board, you know, the zoning zoning laws say you need 165 spots." And then people come to us and say, "Oh, we can't find 165 spots." Then they argue that's why they need less. >> So, in this case, and but again, what we're doing is we're relying on the

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determination of person whose expertise is involved in this. >> And personally, I'm uncomfortable not continuing to rely on that expertise. But anyway, so but I talked a lot. So does anybody have anything they want to

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say or ask Brendan because I don't I don't mean to just you know I understand what you're saying but >> let let them out. Let's see if they have any questions and you can say more if you want to say it. >> Sure. >> Do you have any questions? >> Um how many spaces you said do you would like to see in this parking >> 160 by the zoning by the zoning

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requirements. And the reason that I think that's important is that that triggers a public meeting for public input on the project. But see, it's it's it's by your interpretation of the zoning law and and and I don't mean any offense by this, but we don't rely on the public's interpretation of the

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zoning law. We have to rely on the city's interpretation of the zoning law. I mean, that's that's our that's our charge. That's our charge. >> I I find that the difficulty for me and one of the reasons that this meeting was so important is that I emailed Mike McAteer several times for clarification

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on this. I received no response in meetings with their I was told that there would be public meetings for uh planning board because it was a project of over 10,000 square feet over 25 parking spaces. I received no response from Mike regarding that. No

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clarification on that. And it really seems to me that every reason to not allow public input on any aspect of this project as promulgated. I mean um I'm speaking here today as a member of the condo and as an individual but I also serve as a member of conservation commission and I received an email from

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John saying that I would not allowed to participate in the proceedings. I could only listen and observe and I had to clarify with the state to check that I could still participate as a member of public. I ultimately checked with John and it was okay but there have been systematically it's been I've made three

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records two records requests for information about this project from the public because I have not received the information. One, I had to appeal the state two or three times to get a response. That was a zoning opinion that the state that the city relied on. I recently applied one April 1st. Uh again, I had to appeal the state. I

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received no response from the city. >> Again, I don't I I can speak to that, but it's also it's I it's not >> it's it's just not our purview. That's, you know, we don't, you know, when somebody makes an appeal, we don't get

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to weigh in on that appeal unless the court tells us to. >> I would ask then what the function of this meeting is if the decisions the people >> I don't know. That's why this hearing is I I don't know. >> Right. But if the if if I'm objecting to the opinions of the city and the board that's responsible for deeming that resource the purpose the opinions of the

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city. I I don't see >> I I think what you're hearing me say and I can is that we we have hysterically relied on the interpretation of the zoning laws as provided by Mike McAteerier. >> Right. >> That's what we have that is what we rely

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on every time we make a decision on based on the interpretation of the we don't try to put our own interpretation on it. We might put our own conditions on how those laws are applied, but we don't get to redefine them or or

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see how and change what they should be or what we you know, we don't get to say no, we don't agree with you. We can he comes in, he says, I think the the law says they need 150. We they say they want 140. Then that's the debate. That's the parameter. And so in this case again

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I don't know what I and not that I again I don't mean this in any disparaging way but I don't understand the place that whereby he's appeal the appeal and again I don't mean to talk around trying to figure out I understand whereby the appeal is coming in because we are basically

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>> you know if what we say is we agree with Mike so there's nothing here that we can understand that is being to be appeal appealed. >> So initially um Mr. is correct. Mike did not respond as a zoning opinion when any somebody

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requests it. He's overworked. He's too busy. And and and and as to public records, he's received some. I know my office still working on them. So, and I do know that North Suffach has held numerous public hearings. >> Right. Um and meetings in the public.

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So, it's your turn. >> What um today's decision is the authority you have is to review If there was a zoning opinion about you and I just gave you what the our opinion is, you have the right to say if that zoning opinion is based on erroneous

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information, a false information is not the way that >> or or it or it changes any it again if it was putting a unique interpretation on something then you know if this is the way that it has consistent this kind

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of project has consistently been interpreted >> over currently then It would be I think it would be of concern to me if it was being treated differently than you've treated other similar hear

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>> and and normally what comes before you is you appeal the issuance of the building permit. So if you didn't have to seek zoning >> approvals from you, >> you get 30 days to appeal a building permit which >> they use a different part of the law. >> You can you can answer. >> Yes. They use a different part of the

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law seeking that the city enforce zoning and and and and and so today he's asking you to enforce the city zoning. So that's what his determination is he believes is the correct way >> that our zoning code should be writt. So

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that's what he's asking you today, right? >> And and and um >> normally sometimes you do get site plan review. So there is public processes um but that's just I don't believe um necessary in this situation. We get tons of building permits. We get tons of

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buildings requests and requests for zoning opinions and public records requests all day long. Trust me. Um and unfortunately he was requesting emails which take our system is horrible as you know we would request them from you. Um so

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tonight is I know what we would seek is a a upholding of the building um inspector's determination of the professional office building classification and that he determined the parking

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relevant to that classification. That's what we would see tonight. That's that's and it is something that some cities and towns do more often than Chelsea. Do do the numbers of parking spaces now affect your operations

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>> our operations I think that the the we're worried about parking along the streets as a flow over from the operation in the building. I think also that there should be discussion about the traffic associated with the number of cars that are going to be coming in and out and that's something that usually comes out in a public meeting

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associated with it and the actions of the city have been such that there's been no opportunity for that input and I I believe that there's cause for those types of meetings to >> So that means yes affects your operation. >> Yes. Yeah. Operation I would say my my

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living. Yeah. >> Yeah. actually the I believe the dumpster had to be moved for one reason or something. Maybe it's not necessary. Um and because it is an educational use, traffic is not really um an issue that

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we discuss. It is important. I'm I'm just going to tell you that now. As you know, North Suffach does intend on having its East Boston clients come to Chelsea because of the location. It's so close to the Meridian Street Bridge and the bus stop. So um

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and um there's that public um um public transportation accommodation and that's why the location is is really really good for them and then for their staff. There will probably be more parking right now because the building's use was an office

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building for lobsters. >> Lobsters if you're could you please identify yourself? Swear in Mike. >> Swear them in >> Mike director service. >> Swear to tell the truth, the whole truth, and nothing but the truth. I hope you got it. >> I do. >> Okay. >> It was a a lobster yard, like a lobster

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business. Uh there was some I don't know if it was uh I think we we removed some granite um uh workers construct like some sort of craftsman type uh use in the building. It's been relatively empty storage which

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isn't allowed in the area was there for a long time >> in that in that bu in that current building. >> Yeah. >> But not as much use meaning it was illegal uses so you didn't see as much activity. >> Okay. So any thoughts on this? I'm I'm just having a hard time with this.

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>> Um so if so if could he take the city to court? Can he say I want to I want to go to land court and you guys didn't do the job. I'm just asking >> everyone can take us to court, right? We can probably go to superior court and

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appeal your decision or land court or whatever >> and force you to have a public hear, >> right? And to force you to do that stuff, right? Yes, it's a >> Could you talk we there like you to speak more slowly into the microphone because the interpreter is trying to get this and it's >> okay I'm sorry. So yeah, so everyone

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under the um chapter 48 has the um right to appeal your decision >> and right. So if we say no, we say we we're and then they could appeal whatever this is. >> That's correct. >> Normal cost. Um

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if they didn't come to before the board and he said, you know what, I'm going to sue the city and because I I don't agree with that how they determine the use and all that stuff, they can certainly do that if they wanted to. Right. So no the

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first step in this particular um you have to exhaust all administrative avenues. This is the administrative avenue to go to court. >> So then after this then then they have >> yes they they have they have the right to appeal your decision based on whether it's arbitrary capriccious.

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>> So if we say we okay just going to play this out. So if we say no, we're going to support the current interpretation made by the city >> that this is the the use of it and therefore the parking is sufficient >> then he could Brendan if you he chose to

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could appeal in which case if they say oh no you've interpreted incorrectly then what you do is then the case has to come before us denovo because now parking is >> so what would happen is that the judge would send it back to you. Yes. And then but then but then we would hear it based on that interpretation that we could

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then say okay now based on this interpretation that somebody you know if >> if if a court comes in and says Chelsea's determination is incorrect it's happened in the past it'll happen in the future >> then it comes back to us and we then we

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based on that legal decision we make a decision but we generally base our decisions on the interpretation provided by the city to us and if in fact there's an appeal to that and it comes back to

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us after the court has said no your interpretation was incorrect therefore interpret it not as A but as B then we hear it that and and in that case we'd hear it and then in case we'd hear it and we'd hear from the beginning we'd hear what

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was happening what the spaces do we agree you know based on what the court said, do we agree with that interpretation? Blah, blah, blah. And therefore, you know, they should have 165 parking spaces. But and then we have and then if we can then and then the proponent would come to us and say, "No,

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no, no. We only want we only need 110 and this is why." And then becomes the case for us as the board as we traditionally do to see if there's relief available for parking >> or if the court that's one avenue that could happen. I'm just trying the

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parties could just work it out and discuss it or the um property owner and the tenant could work on their parking plan because they have more come to us either. >> Yes. Yes. >> So anyway anyway my feeling is

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>> I just feel as though I am not it is I don't feel it's approp it's in our my purview to disagree with the decision made. Did you I'm sorry Brendon did you want to say something? >> Yeah. My concerns with that is that if that becomes a precedent every time there's an objection, you have to pay

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more money to a lawyer to bring something forward. And if if city officials don't respond to what you write, if I brought this up to our city councelor, Mike McIte wrote back, "I've reported those who asked the project was reviewed, sorry, I have reported to those who asked that the project was

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reviewed and approved without requiring ZBA relief." That's not true. I didn't receive response to two email inquiries. I called, I didn't get a straight answer. Um the city has really seen in my view seen this project through. There's been I haven't gotten a clear

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answer as to why there's no planning board meeting when given the constraint to the project. That was another question you asked Mike. There's no answer for that. There were projects you know this was brought up at the conservation meeting but the there was work done on the site prior to the issuance of um a building permit. There

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was removal of a structure on the property that the historic that was uh the historical commission the architect for the project Doug Shupe said that he had received permission from the building inspector to remove that but there was no permit issued. So I just when >> those but again that's that's not that's

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not something we as a zoning board can can weigh in on. That's I'm not saying that you don't have an a legitimate concern slashcomplaint with how other boards or the city responded to you. We as a zoning board have a very specific

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and narrow interpretation was to rely on the zoning laws and to see. So this never came to us. It's not like we agreed to something and didn't give it you the opportunity to speak or we didn't. It never came in front of us. We are now looking at this and you're and you're we're being asked to change all

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the precedent of the more than 30 years that I've been on this board and ignore the recommendation or the determination not the recommendation the determination of the city as they interpret their zoning their zoning laws which then come

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to us to not interpret the zoning laws. It's to provide leeway within those zoning laws. So, and that's the special permit process for and that's what the variance process is for. So, it's not I'm not I'm not disagreeing with any of your concerns. It's just I don't think

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that they fall within the purview of the zoning board. Joe, >> I think and again here based on the time. I think if you have something that you want to be discerned, submit an application

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and put it in, submit it to us and then we can further uh do it. But I think right now it's just >> so that would be basically formalizing some of the things I've spoken today so

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you can review it and look at the language. Okay. Yeah, >> I think that would solve your problem very quickly. >> I think it'd be good because then I can refer to the city's practice and then make sure that my understanding is correct and then if it still differs then

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>> I think that's that's reasonable. >> Well, I don't think he gets to refile his concerns to the ZBA. >> Talking to the microphone. >> I said I don't believe he gets the right to refile his concerns to the ZBA. I do think if there's a project pending that

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he should inform the building department in writing what the actual issues are going to be. Um, this appeal doesn't mention traffic and and and trips, etc. And perhaps also the planning department on

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a whole as to what concerns need to be addressed whenever we do have a large project that is approved. But um, >> resubmit his appeal. I I I I don't know what process that is unless we're moving for continuence, which we would not

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agree to tonight. >> Well, maybe they end up maybe putting a little something on the property, then they can come before us. >> Well, I I guess the bottom what we're we're here in front of us, what is in front of us is this is my feeling. Do we

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we have historically rec recognized the authority and interpretation of the of the city the the city when it comes to these kinds of things and we have then you know you know and that's why they

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come in front of us because somebody wants less than what they want something different than what has been determined by the building department or whoever it is. They come in front of us for something that's different than what has been determined by the building department, but we don't then sit there and say,

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"Okay, building department, walk us through how you made this decision." We accept on faith that that's the because that is our, you know, that's what we're here to do. We're not we're not, you know, city planners. We're not we're listening to the city tells us X. We

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then determine if we think that X is too stringent in this particular case. Not not is it too lenient. We can't impose more than the we well we don't we generally can't we can't ask somebody to we can ask somebody but we can't force

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somebody to do more than the zoning board determines than the zoning than zoning determines. You know if if somebody said if if somebody came oh we had to we you know if somebody said you're supposed to have 150 we couldn't say no you have to build 170. They could offer to build 170. We've allowed them

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to build 170, but we can't tell them they have to build 170 because they're they're complying with the zoning law. >> If I could read the section 34 213 for the zoning board of appeals. >> The powers the zoning board of appeals shall have the exercise all powers

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granted to it by MGLC 4A, 40B and 41 by this chapter. The zoning board of appeals powers are as follows. Number three on that list is to hear and decide appeals taken by any person agreved by reason of inability to obtain a permit or enforcement action from the administrative officer under the

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provisions of MGLC4A. And that's what we're here today for. >> Right. But that's what I'm telling you that's what we do. And though we have to start with a baseline and the baseline we start with is that the interpretation made to us by the planning department is the correct one. Then based on that we

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go forward, backward, whatever. But we don't we and that's the power we have. We have the power to say it's not absolute. That decision is not absolute. If we find reasons why that decision should be modified in any way, but not the we don't change the zoning law. We

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don't change the we change we are given the authority to amend it. That's why we're the zoning board of appeals. So again, I'm just not comfortable saying at this point for the first time ever we say no, show us why you came up with that number. You know, we believe it. You've come up. You've justified why.

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And it's something that and again we based on that justification and I'm not trying to think that anybody has to deal with more money or whatever but the reality is that's that's what we rely on. We rely on Mike and you know his predecessors and his successors at some

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point to make to tell us this is what the law should be. You know this is where your parking you know when you have a when you're building a uh driveway. Any of these things we determine. We don't sit there and say well show us why it's three feet away. you know, you told us it's three feet from slow. We believe it, you know. So,

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I I think I'm just not comfortable. I'm just I guess I don't understand. I I just I'm not comfortable overruling the decision of the zoning of the of the um of my of the plane department, the building department.

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That's me. That's just me. I mean, I'm just one vote. >> I do want to assert that we've applied it the way we've always applied it. So, um and not based on errors. I know there was some allegations in the appeal that the plans were wrong and so forth and so on. I just want to remind you it's the

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building plans that we're looking at. It's the the actual building plan. It's not a plot plan. That doesn't really say anything that's in the assessor's lot. That's more about the actual size of the lot. Um >> but we and and it was rejected several times. We sent them back. Um there is a

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park review with the planning department. there is a spot that we feel is too close to the the front um setback, the front yard setback. We don't want that to be parking. So, um there was review that happened. Um

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we don't see what we did wrong. Um if the board feels that we relied on information that was incorrect or um what was before us, that's what your role is. I don't believe what before you is something we did wrong. I think it's just a different interpretation of our

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zoning that um is presented to you today. >> Thoughts? >> I agree with you, Madam Chairman. >> So, do we have a motion? >> I don't know how we how we need to move on this.

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>> Well, I guess you make a motion to deny the appeal. >> Okay. >> Right. And um >> Janice, I do agree with you. I mean, we relied on the the legal department and the um inspectional services department. They do they've done great

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work in the past and when it and when it um they said no and they come before us and those are really the uh where we had to put our teeth into it, uh that's when it comes before the zoning board. Um this is more administrative

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issue with the city and maybe the legal department and the and the inspectional services. I mean, that's not the perview of the zoning board to determine that the use was incorrect. >> I also and I apologize. I'm going to This is a public hearing, so I'm going to open this to the public. Is there

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anybody here who wishes to speak on the matter? >> There being none, I'm closing the public participation portion of the hearing. >> Um, the other thing you you can do, I mean, you've reached out individually and by email, not I don't watch the city

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council meetings. I don't watch a lot of meetings. I'm usually very tired at that point. Come before the public speaking portion. I'm not sure if you've done that. >> And come up here as many times as you want to say it and and say because then the city managers there

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>> I think the city solicitor gets invited quite often to >> Would you be willing to provide just a rationale to understand >> Brendon talking to >> I was wondering if they >> you can have that offline. if you'd be willing to provide uh oh well just just a rationale for the decision because I

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think that that uncertainty the lack of response all this activity that's kind of been uh kind of greased the wheels for the project. >> Well, it seems to me like it would not it wouldn't hurt to have a conversation with Brendan Brendan about about this going forward if he had questions. Um

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that doesn't change that that doesn't change I think what you're going to hear from us. That doesn't I got that impression that's and again this said I'm not I'm I'm not speaking to the fact that you know it would have people are busy. It would have been nice to have gotten responses. I agree. It seems like this case you know every case is a

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little bit unique. My issue here is was basically twofold. We have not generally disagreed with the initial recommendation as the premise of the of the inspect inspectional services. Excuse me.

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My allergies are killing me and I can't remember what the second one was. So I apologize. So I apologize. No. No, and I and and just now we haven't and and and the second one was and the city I I wanted to confirm and I heard

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from the city councelor that they have they have used this same interpretation in the city in similar situations and that it's a consistent application of what they said. So that's what I heard that what we heard was that it's a

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consistent application of this definition and >> that was my investigation because I I want we wanted to make sure we had the facts directly into >> that was my investigation. I asked simple questions. What about this location that location to ensure that we

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were applying our zoning fairly and evenly and consistently as a city? >> Okay. >> Um could you provide him a write up or something. I'm just I'm just asking. >> I don't normally write legal opinions

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for people unless they're >> I don't think not ask and I can craft a response to his request so that he understands um the interpretation >> or even a conversation. Sounds to me like he's even looking for a conversation. >> All right. I I'd appreciate that.

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>> No problem. >> So, do we have a motion? >> I make a motion to deny the appeal. >> Do I have a second? >> Second. >> All in favor? >> I Sorry. >> The next case in front of us is 2026-01 320 River Beach Parkway. Um, special

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permit variance approval for the construction of 67 residential dwelling unit structures, which does not meet the requirements for minimum lot setback, off- streetet parking spaces, and minimum sideyard setback, maximum density, maximum height, maximum number of stories, minimum rear yard setback,

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minimum usable open space, minimum lot size per unit, and minimum access aisle width. Number one, we will not we'll be hearing this for the first time. We will not be deciding it today. This will go in front of the planning board on the 26th of May and back here on the 9th of June. How many people are here to

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testify on this? Okay. All right. Um, so let's Who's here to to speak to this case? Mr. Ross. >> Evening. Sorry, I was in the other confer. >> Good evening madam chair members of the

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board. Anthony Rossi on behalf of the petition. >> I'm going to ask you, Anthony, make sure you're speaking directly. interpreters having trouble hearing. So, if you could speak directly into the microphone and slowly I know as with with me slowly is not something that happens very easily. So, >> good evening madam chairwoman, members

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of the board, Anthony Ross on behalf of the petitioner. Um I do have my clients in the audience. Uh by way of background, this was the old um tux place that actually was going to be converted at some point to a marijuana

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dispensary that this board approved. and then there was a fire and it's now um a vacant piece of land and um it's fenced off. What's being proposed before this board, I know this is the first hearing date so I'll try to make it as brief as possible is 67 units. Um there'll be 17

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parking spaces. I believe there's 14 >> I'm not a contextious really. >> Go ahead. >> Sorry. um 67 units um of which 54 of them are going to be one beds. Uh by way of background they range around medium of 450 square feet for one beds and um

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the 13 two beds are about 700 square feet for two beds and there's 17 parking spaces at ground level. There's going to be 14 inside the building. I'm sorry 13 inside the building. Then there's four um I don't know if it has on the site plan but I can show you there's four

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tandem that are existing on may approach. I just want to grab >> Hello. So, you come into the parking on Adam Street here and there's 13 inside and

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these are the four existing tandem that there's an easement on the adjoining property. So, that's how you get to 17. Just want to let the board aware of that. similar. These were already adjoining even before when we dealt with the dispensary, but just want to let the board know how you got to the 17.

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It's a six-story building. Um, as far as height is concerned, um, I I believe we're one foot away from a special permit on that and that may be adjusted if need be by by the board. Um, 61 ft. I

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know I I heard from some of Butters and um and other neighbors there there was an issue of concern regarding parking on this. Um and we only could provide 17 parking spaces, but I'm not sure if they're aware, but under the ordinance, you couldn't get residential stickers

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anyways. So that should alleviate a lot of the problem. I was speaking with the town manager Fidel and one of the things he talked about that he was going to work with um my client the developer is to take a portion of Adam Street and I think it would be a portion of of the

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property to do me parking spots on that portion of the street that currently don't exist now to offer me spots for um adjoining outside neighbors, you know, as far as restaurants or what have not in the area. But I will note that um

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none of these units will be eligible for residential stickers if I'm not mistaken. Correct, John? Yeah. So, which is why you get a mix of 54 onebedrooms and 13 two beds because more likely than not the two beds would need a parking

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space um and the one beds wouldn't, especially where it's um positioned and that's why these units are designed this way. Inside the building, it is there is an elevator. There is a trash shoot. So for trash pickup, it would be private. It would not be with the city. It would

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not be municipal at all. Um it would be a dumpster pickup for for the trash shoot. Um and that could be done whether and we could discuss it with the planning board or by need whether it's one or twice a week. So it wouldn't be outside for the neighbors to see or

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smell at the interior of the building. So it's going to actually have a trash room um right next to the stairs. You could I I'll get up so I can It's better to show you. So, here's a trash room. Pretty good size trash room and trash shoot. The

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reason for the trash room, so you can do recyclables on this level and a trash shoot here. And that will go all into the interior of the building for private pickup. There is also a bicycle storage room on the ground level that will accommodate bikes for the tenants for especially when you have multiple

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onebedrooms. That may change by size based on what the planning board may want to see or this board may want to see as far as bike storage. Um other than that, it's just basically the same floor plan on each floor. And John, if you could go to the elevation so I could

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talk about the exterior of the building. As you can as you can see um it steps in because it's a triangular lot. It's very difficult lot and that's why setbackwise and I will note that the old building that was there was pretty much built to lot line. So we stepped it

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back so we can now have you know some balconies some outdoor space. I believe with the redesign and I'll I'll double check that before we have the next meeting or when we do vote is we do meet the open space requirement I was told. So if there's updated plans I'll

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certainly get it to this board. Um but that was designed in a way to stagger back because of the way the triangular lot is built instead of having just a an angled building going across on that detail. As far as exterior facade is concerned, you know, we would certainly take any comments this board may have

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now or at the further meeting um that we may have with the planning board and so forth. But by way of background, that's pretty much what's being proposed here. And under this current zoning, it would be requirement of 15% inclusionary units, which I think would trigger,

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John, if I'm not mistaken, 11 units. So out of the 67, the city would get now 11 units um on there, which would be a mixture of one bedrooms and the percentages of two bedrooms um throughout the building, you know, on different floors and so forth. So, it's a pretty good amount of uh units that

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will go back to the city. And I'll certainly address any questions this this board may have, but I just want to give a brief synopsis because it is the first hearing date. I understand that. >> Okay, I'm going to open this to the public. So, anybody who Do we have any questions before I do that?

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Um, is there anybody here wish to speak on this right now? >> I have a couple of letters to read to. So, but please um intro talk into the microphone, introduce introduce yourself, name and address. >> Michael Gian Oscar. I live at 15

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Garfield A F. I also purchased uh the property at 22 Adam Street, which is a restaurant now uh called Michael G's. My Let me first start by saying I'm Father Project. I'm not here to go against the gentleman. Um

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I'm looking forward to having in increased residence, hopefully in increase my business in the area. My major concern is presently there's no parking. Um, I have people that I bump into, whether it be at Market Basket,

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other community areas, they don't come to me because they're concerned about parking. What I'm seeing is the 3 months I've been open, my business is mainly takeout, which is Uber Eats, Door Dash, etc. Without having ample space for them

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to pull up in front of the building, I won't get those orders, which eventually is going to force me into leaving the city. Um, I was previously in the city. I I closed the restaurant due to rental concerns. Uh, but I'm also a resident.

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My family came here in 1920 from Italy. We've been on Garfield A since then. I have lived there since 1964. Uh, I've moved back in eight years ago after my parents passed and that's where my present residence is. Uh, there's a

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constant traffic issue. Parking is the major thing there. You've got people parking directly on the apex of the corner on Wesley Street, which causes multiple accidents. One of my past employees was in the hospital for 4 days

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cuz she inched out trying to see past a van that was parked on the corner. She ended up getting completely wiped out. Um I'm there every day and there's cars that are from other cities there. I call

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constantly to the traffic department. They've sent people down. They've ticketed a few times. Nothing's been towed. Uh towed, I'm sorry. Uh there's a vehicle that's been there for four or five days. It's registered out of Lynn. There's vehicles that are parked

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overnight over the weekend. Not one of the vehicles has a parking permit. They're all from outside the city or they live in a different area and they found parking on Adam Street which is generally affecting me uh and affecting

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my business and my my home life. I can't sit on my porch without there constantly being an argument because of the and I don't believe the building is going to affect the traffic. I'm just more here about the parking. Uh I am for it again. um for a maybe

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reduced units uh something where more feasible for what they're offering for parking. Looking at the plans, I went to school to be an architect seems awful big for the parcel of land and the shape of the land. I don't see any real

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there's some green areas in this picture, but no real green space where you could sit out there at a at a bench and enjoy yourself or anything like that. But that's all I have to say about it at this point and I'm hoping that

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this board will see this and and apply their judgment towards it. Thank you. >> Thank you, sir. Let me read two letters into the record. uh May 8th, 2026 with regard to the 67 unit development. Um to whom it may concern, my name is Jose

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Dwarte, owner of the commercial property located at 22 Adam Street in Chelsea, Massachusetts. I'm writing to express serious concern regarding the proposed 67 unit residential development planned across from our property with the significant impact it may have on

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parking availability and the viability of existing neighborhood businesses. Excuse me. My tenant operating at 22 Adam Street is Michael G's Restaurant, a local independently owned Italian restaurant operated by Michael Gianosca. Like many neighborhood restaurants in

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Chelsea, Michael G's depends heavily on accessible short-term street parking for customers, takeout orders, deliveries, elderly patrons, and families visiting the establishment. The proposed development appears likely to substantially reduce or eliminate much of the currently available on street

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parking in the immediate area. While new housing development is important for the growth of the city, the lack of adequate parking mitigation raises cons serious concerns about the unintended consequences for existing small businesses that have invested in and

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supported this neighborhood for years. Restaurant and small business. Restaurants and small businesses already face considerable operational challenges, including rising labor costs, utility expenses, taxes, insurance, and inflationary prices. Removing accessible parking from the

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area may discourage customers from visiting local establishments and could negatively affect business revenues, employment opportunities, and the overall commercial viability of this section of Chelsea. I respectfully request that the board carefully evaluate the parking and traffic

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implications of this proposal and consider mitigation me measures, excuse me, that would help preserve accessibility for existing businesses and residents. Potential considerations could include preservation of a portion of existing on street parking, dedicated

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short-term parking zones for local businesses and restaurant pickup, resident parking management plans that do not overwhelm surrounding streets, off- streetet parking requirements proportional to the scale of the project, traffic and parking impact studies specific to local commercial

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activity. As property owner and landlord of 22 Adam Street, I strongly support reasonable develop responsible development that that balances growth with the protection of long-standing neighborhood businesses that contributed to the character and economy of Chelsea. Thank you for your time and

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consideration. Jose Dwarte, property owning 22 Adam Street. The next one is from Joanne Woodland at Adams House LLC to Adam Street. I am writing to express my strong concerns regarding the proposed 67 unit apartment

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development at 320 River Beach Parkway. While I understand the need for thoughtful growth and housing opportunities in our community, I believe the size of this project as currently proposed is not appropriate for this neighborhood and raises significant concerns related to parking

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and building scale and traffic safety. First, the proposed parking appears wholly insufficient for a development of this size. A 67 unit apartment building will likely generate far more vehicles than the number of parking spaces provided in the drawings, which she

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identified as 13 spaces. Inadequate on-site parking will inevitably force residents and visitors to rely on surrounding neighborhood streets, creating congestion, limiting access for emergency vehicles, and negatively affecting existing residents and businesses who already face limited

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street parking availability. Second, the project is likely to create serious traffic concerns. A development of this magnitude will increase vehicle daily vehicle trips, particularly during morning and evening peak commuting hours. The surrounding streets and intersections already experience extreme

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congestion and additional traffic will negatively impact pedestrian safety, increase delays, and place added strain on local infrastructure. The planning board should require a comprehensive traffic study, traffic import study that fully evaluates these effects, these

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effects before considering approval. In addition, the height and overall scale of the building are out of character with the surrounding neighborhood. The proposed structure is substantially larger and taller than nearby homes and buildings, which will alter the visual character of the area and create concerns relative to density, privacy,

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light obstruction, and neighborhood compatibility. development should respect the existing scale and character of the community rather than overwhelm it. I respectfully urge the planning board, but it is addressed to the zoning board to carefully consider the long-term impacts this project will have on the

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neighborhood and the quality of life of current residents and businesses. At a minimum, the developer should be required to address the parking deficiencies, reduce the scale and height of the building, and provide meaningful traffic mitigation measures before any approval is granted. Thank you for your time and consideration.

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So those are our comments. >> Gonna take it down. >> Okay. >> Um hi, my name is Monica Elasana. I'm here as a homeowner at 44 Prospect A in Chelsea talking about my personal

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experience and just for you guys to be more thoughtful of I'm not against development at all. I think this parcel and project it is very big and dense for the neighborhood. But I also

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want you guys to consider that there's also this Fitzpatrick Prattville bill smart growth overlay district and the potential right of CHA redevelopment there and a river um proposal as well on Fennel Street on that borderline. So

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there's so much development coming whether it's and I want you guys to think about the cumulative impact that this neighborhood's going to face. I'm not against CHA for the record. Um, I just want to bring this to your

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attention because there's massive development projects down the pipeline. PHA will definitely benefit the residents there. Um, but then this I don't think we there's enough information of this traffic impact or

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report or Yeah, I'm just very concerned there's going to be a ton more residents in all these parcels that are vacant or available. and also reveal and I'm talking about a whole different thing but I think everything does matter

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when we think about the collective so I want you guys to really think about that and when we're talk I would be curious a little bit more to hear about the square feet um of what do those onebedrooms look like because I feel like we're moving toward these micro units where

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we're like who are we attracting like what is our value as a community of who do we want to keep here or who are we building for the attraction of smaller families the folks that do not live here um so I just want you guys to be more

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thoughtful of this process I am not against building in that parcel it's just this magnitude I want you guys to really consider what are other developments coming in the pipeline to this neighborhood especially this smart growth district

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that went through planning and now it's at council and waiting I believe for a state vote um approval. Um so I just want you guys to be thoughtful of it. I if you guys have ever come through rush hour or even not even rush hour on those

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streets coming from a beach parkway to get home, it's a pain. Um it's not fun just getting stuck there. And I think to what someone alluded about concerns of car accidents, Wesley Street, Adam Street, I think

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they're just terrible intersection, especially where there is that barber. I'm always turning on that um intersect street to get onto Garfield. It's terrible. Um there's some signage. People still park there. There's all those little commercial spots that it's

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not safe. it doesn't feel safe as a driver, as a pedestrian walking in that area. Uh so I just want you guys to really hone on like what are things that are coming down the pipeline and make this decision. Um, and I don't know if there's other folks from that neighborhood, but I would definitely

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encourage a community meeting um, from whoever's representing this uh, Mark Rossy um, to engage more people because I think that's what we fail at honestly with our a lot of these massive developers having community meetings um,

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to talk about it and bring community into this space. Thank you. >> Thank you. Anybody else? This won't be the last opportunity because we'll be keeping this open and it's going to go to the planning board and it'll be back here next month assuming they've made a decision. Any other thoughts, comments?

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Anybody want to say anything? >> Yes. Which I agree some of the comments that the public is saying about the size of the building. Have you considered it to bring it down? >> So if if I may you go. So the height of the building is 61 feet by special

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permit. 60 feet by right by special permit. So, one of the things we met with the city and we wanted to add more inclusionary units and because it's triangular lot, it's very difficult to make it work and solve multiple problems that people want parking. So, you got to

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do podium. So, when you do podium, you got that means you got to do steel. So, when you do steel, you have to do five story stick or you can go four story stick. But the cost to build a podium is very expensive in relative to other projects. So, you need the density in

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order to make those work. But, you know, we've we've already been doing this for for a lengthy period of time. I'm not saying nothing's going to change on it, but that's something we looked at and when we went to the city, we sacrificed already a lot to bring it to a number

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that can make it work and still have 11 inclusionary units. By way of example, it's 10.05 for inclusionary. And that if we took it down one unit, we've only had 10. But we didn't do that because we committed to give 11 inclusionary units

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on it. So, and those units with the AMI structure here, this is not under the >> Sorry. >> Yeah, I'll speak louder. So, on the on this project, this is not part of the new zoning with 80% AMI. It's the cycle

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of 30% 50%. Correct, John? This is not >> It is included in the smart growth district. >> Is it 80%? Yes. >> Okay. So, it's even better. So, so that's we were looking at all those numbers to add the inclusionary units. I'm not saying that won't change and the

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other things have changed when we hear comments, but I I will talk a little bit. We didn't do a traffic we did a traffic study and a traffic analysis, but we're going to present it before the planning board when we do site plan review. And then we we then at the next meeting would present that traffic study

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and traffic analysis because this is just the first hearing and we never really do it on the first hearing. So we did do a comprehensive traffic study and traffic analysis and and I and one of the problems with this area is it's an undeveloped lot with undeveloped there's

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no sidewalks whatever people parking everywhere right now. So my client allowed people to park on that property now until it gets developed. We're not taking any parking spots away. To the contrary, we're going to actually build sidewalks. We're actually working with

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the city to talk about a portion of land to allow me parking that doesn't exist there. So we will be adding more off streetet parking that didn't exist that doesn't exist now. And a problem is is that until you get something developed correctly with sidewalks, lighting,

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landscaping, people just park wherever they want over there. And that's not the neighborhood problem. It's the problem of what happened when there was a fire and what was there previously. But that will all be addressed, you know, with the planning board and when we come before you. Yes, we we looked into

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everything and we're still looking into also possibly bringing it down a little bit on square footage and size, but we're sacrificing units. And if we didn't have any parking, which we wouldn't have a problem not having parking and we do stories, but once

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you're building scale and podium on this footprint, it brings the cost exponentially higher. Which is why when you see these new developments and they have podium parking, they do the five story, sometimes sixtory with double stale podium to do that because they

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need to make up for the density. So there's there's a reason behind everything why that's being done and we also wanted to maximize the amount of inclusionary units if that answers it. But we're still looking to everything. You go, there's no no here.

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No, not not in a not in a mo in a moment. >> In a moment. >> He's speaking. Continue. >> And >> well, like is in the like in the past with the other project there was they were trying to do in this uh uh lot. The

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parking is always an issue. Those four parking spaces that you got on the side in front of the house. I always keep I always think that u it will be hard for the tenants. So if those how those parking four parking spots going to be

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distributed to the people who are going to live there. >> So what I what we were thinking those would be 10 of spots for the two bedrooms because as you know I'm not sure if I told you but there is there is 13 two bedrooms and the likelihood or not. >> Yep. But my question is more like if I park on the front and I want to leave

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and the people and the person behind me I have to call them as I move your car because I'm leaving. >> No, you go. We were assigned one tandem spot to one most likely a two-bedroom unit, a family, another one to another two-bedroom to have multiple cars. So the most likelihood or not, the

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two-bedroom units will dictate the multiple vehicle spots. That's essentially how it is. You're not going to have four onebs and have people move behind the other. >> No, I don't I don't mind whoever is going to get it. It's just that people

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who is going to park there somehow is going to let let the other tenant, you know, figures out the way. They're not the other. >> They're not. I'm trying to say to you that one tandem spot would go to one unit with a family that has multiple vehicles. The second tandem spot will go

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to another multiplebedroom unit that has multiple vehicles. So, we have 13 two-bedroom units. We we certainly expect to have families to have multiple vehicles on those two bedrooms. And we would assign those two tandem spots each to a family. So, there'd be it would be

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such as if me and my wife each had a car, one we'd park in one spot in front of me and her behind me, and that's how it would be done. >> So, what about the people is going to park inside the building? >> They have 13. >> You think they're going to have two parking spaces as well? >> No. >> So, only people is going to park

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outside. So there's third there's inside the building there's 13 unobstructed spots inside the building and those will be assigned to whoever has vehicles. By owning the building you manage and when you put renters in there who has vehicles or not. If you put a 100 pocket

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spots there you're going to have 100 people looking for spots. If you put in 15 and they know they know there's no parking and there's no residential sticks accessible to them, they're either going to rent not rent it or they're not going to have a vehicle. It's one or the other, you know. And a and I think a bigger issue is and I when

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I spoke to uh Michael is is the enforcibility of what's happening there that we have to make sure traffic monitors what's going on over there tickets vehicles to vehicle because if people monitor and they do their job then guess what then there'll still be

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sticker spots for people who have stickers on the street not non-residential stickers and this building is not eligible for stickers whatsoever. So, uh, so, but to clarify, I have a building that have that has 50%

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parking and I have almost 20% of the parking space is empty because people didn't have cars. So, you're going to pick the tenants and the tenants are going to apply based on what's available. If they know they're not eligible to get a parking spot or a sticker, which I believe under the city ordinance, it has to be in the lease.

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Correct, John? That you can't get residential sticker and you're not eligible for that. It's got to be in the lease. So, they know they can't apply for it. So, they're either going to rent it accordingly or they're not going to rent it. And that's up to the landlord. That's the landlord's risk, which is being done throughout the city of Chelsea.

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>> Well, I'm just going to say my point of view is that this uh design is too big for that size of the lot and the parking is an issue. Just right now, I don't feel comfortable in my opinion right now. Maybe I'm going too ahead ahead of myself here, but uh I

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think this is too big for that lot. >> Question with regards to on the structure you mentioned once you go over five stories, you have to put in bigger beams. >> So when you do parking, anytime you do

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parking underneath, you have to do steel construction where the parking garage is. You can't do wood at that low. You'd have to do full steel there. It's by code. It's to protect the tenants because you do have falling. >> Correct. And you can do wood

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construction over steel. You can do five stories. If you didn't do parking underneath, you could do a straight concrete foundation and fivetory stick by right. But because we have parking on the ground level, then any residential

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level, you do the stick on top of it. But it's a steel level on the whole entire footprint of the building. >> The other thing notice is that the whole lot is filled with building. You don't

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have any green space. >> We do. And we don't we don't have a site plan. Do we have a site plan yet, John? You haven't have the cover site plan that's done yet. We do have green area on the on the site plan, but you don't have to have the luxury because the site

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plan's not done yet. But we do have greenery. See, that's all greenery around the building. That's all greenery there. That's all that's greenery. It just you just can't We don't have an actual site plan that's completed until we go to the planning board, which I have a landscaping plan, but there is a lot of

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greenery there. It's just that this architect didn't put it on a profile. We'll have it updated, but there is a lot of greenery on the site with outdoor space and so forth. As I stated to you, we're I don't think we're going to be seeking open space relief from what was told to me that we actually meet the

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requirement of open space and green space on this project. And the next time we come before this board and Hugo, we're going to show the landscaping, the site plan, and the lighting and what have you. And and I'll try everything in my power, you go to convince you

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otherwise. But um but I'll try to make it a better, you know, looking project so you can see what we're dealing with. Well, if it were only five stories, would that be economically feasible for the uh builder?

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>> So, at this stage, when we ran the numbers, it made it really difficult to make it because of the parking. We looked at it without parking and and I can't speak for my client, but it changes the whole construction type whatsoever if we did it at fivetory

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without parking. But I think it creates another dilemma that people say you're building a building without parking. So you sort of cut between two. But if we reduced it, I believe it's eight units of floor by way of an example. So it would go to 59 units.

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So it get it loses out of those eight units, two of those would have been inclusionary units. So out of the eight and I know one thing in Chelsea that have always been addressed is more inclusionary units. So I'm not saying that's not an option. We'll look into

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everything. But that's why this all came about the way it did. It wasn't like we just came before this board. We actually had meetings and worked with the city and the town manager and so forth to see what they wanted to see there. But we'll certainly listen to this board and all the members comments and if and the

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planning board and if we have to alter things to make it work and we can make it work, we certainly will will do that. >> I thought we were a city manager, not a town. >> I apologize. City manager. I get yelled at in Brooklyn when I say town and say

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city. >> John, do they need a handicap parking space? >> Yes. >> Yes, it's in there. >> It's in there. >> It's in there. Okay. >> But you're right. You're right. And when you trigger 11, it automatically triggers handicap.

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>> I believe it does show it. Yeah, there I see it. >> So, um, affordable units. Do you have affordable units? >> 11. >> 11. >> If you took the 11 units out, could you put more parking in to If you If it

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wasn't affordable, could you increase the parking? It has to be affordable though. Doesn't it have to It has to have some affordable housing. >> Yes. >> Based on the size, there has to be a certain percentage that are affordable. >> Inclusionary anything over 10 units must

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be include 15% of them as affordable. >> Okay. >> Did some did somebody else wish to speak? >> You come back up here. You introduce yourself again and you speak into the microphone. You don't yell. Um Monica again I just wanted a

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clarification point. I know that Mark had shared the breakdown of the tiers of affordable housing but then John you mentioned the with overlay 80% AMI. So just wanted clarification at that sense

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because it does matter. There was a there is a proposal before the council right now to adopt a ch 40 smart growth district that would require uh that 80% uh affordability to households at 80%

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AMI. It has not been approved by the council yet but is before the council. >> So I guess question for you would this then fall under that overlay district smart over growth? >> It would not have the minimum lot size required. >> Okay. But they would have to build they would

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build at you said 80% AMI. >> No, they would have to meet the underlying zoning which goes back to the uh 15%. >> 15 at the tier of >> 15% of the units at 30 50 80.

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>> Okay, great. I wanted to clarify that in >> that's why you said anyway. The smart the smart growth district is an overlay district which means you can either build under that overlay or you can build under the existing zoning. But you just said this one would not >> correct. There's a minimum lot size.

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There's a minimum lot size in the spot growth district. >> Yeah. I just wanted clarification because you brought it up. So I just wanted to make sure. So what if I'm understanding correctly that this would not qualify because of the lot size under the overly district once it's fully approved by council which hasn't yet. >> Correct.

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>> Okay. Awesome. Thank you. >> And I would note that I did say that you have now 30 50 80% on 11 units. Arthur >> um traffic flow out of the you know out of the out of the lot. How how does it

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>> It comes from it comes from Adam Street. It's you can sort of see the I can get up and show you. >> Okay. So, it'll be a garage door as you can see over here and it has two traffic because this is on the ground and it has

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the 13 spots designated here and it would be coming right out of Adam Street. Again, there's only 13 vehicles on the ground level, but it all comes out of Adam Street over here. Sorry, I did I touch it?

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>> Sorry. So, there's your curb cut right here. I apologize right here. So, in Adam Street's a two-way uh um because I live on 75 Gallon Street. I live I know I know the area and it's I mean the traffic's awful. Um I end up

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going up the street to come down the street because there's a long line of all the traffic. So, traffic certainly would be that's a main concern for me. Um and then even for you know are you increasing the number of parking

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spaces on off streetet parking is that is that what I see there there's two is that is that the sidewalk and then the parking so that right on oh that's river beach parkway right that's beach parkway so basically we're we're adding more parking that's what's existing on the

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site now of course >> but what I'm saying is >> we're working with the city to actually take even a portion of our land to to do meter parking on Adam Street that currently doesn't exist. If we actually put a fence up on the lot line, nobody

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would be parking on that side of the road. Right. >> So now you're going to get lighting, you're going to get landscaping, you're going to get sidewalks, but we're also hoping to work with the city and doing parking on that side of Adam Street for media parking that doesn't exist.

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>> Is there any other um Um, the building that's on the corner of Adam and Washington, how how tall is that built? You know, >> is that the sixth family next door? You mean? >> No, the one right next to 22 Adam

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Street. Right next to Michael G's, the big apartment building. How How tall is that one? >> Oh, I you know, I I apologize. I >> Three stories. >> It's three stories. >> Yeah, I don't think so. I can tell you that in this order, >> somebody in the audience said three stories. So, for the record, I'm just saying that.

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>> So, I'm assuming if it's three stories, it's probably anywhere between 35 and 38 feet tops. Um, in the in this district, you can go up to 60 ft by special permit. I think the building is 61 ft, which we certainly can look into that. And I'm

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also going to look at what Hugo mentioned to me, and I want to hear comments from the planning board also. But, um, but it's literally one foot away from what's allowed by special permit in that district. Yeah, I know. I just have concerns about the number of units and all that stuff. So,

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>> that's all >> we're, you know, it's we'll be going to the planning board, but I'm going to make just one comment. Um, yes, you're right. Chelsea's very concerned about affordable housing, but you cannot have sat on this planning board, this board any for more than two months, and not know they also are very concerned about

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traffic and parking. So, um, in any given day, it's, you know, I I think we need affordable housing. I think we need responsible housing that includes affordable housing and I think personally I think 67 is a lot but that's you know but I'm willing to hear what you have to say. I'm just telling

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you right now I think 67 is a lot. >> I I just I want to ask a couple questions. Um so where's the main entrance? Is it on the Parkway or on Adam Street? >> It's on Adam Street. >> It's on Adam Street. Yes. >> Okay. And what are like any amenities inside the building >> other than other than bicycle storage

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>> um trash rooms etc. and storage on the basement level. >> Okay. >> They're in an elevator. There's no uh and they have open space because if you look at a lot of the units, we have outdoor space with decks and so forth with that. Correct. >> Okay. Um what else was I going to ask?

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Um my gosh, I lost my train. >> Nothing on the roof, right? No, nothing. No greenery or anything like that up on the roof roof or >> Yeah, we're gonna have I I apologize that we don't have that in the site plan, but I promise by the next hearing you'll see a landscaping plan, lighting

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plan, sidewalk plan, roof plan, all that. >> It's kind of hard because like next meeting because you guys are going to go before the planning board and then you come before the zoning board and that's when we have to vote. >> It's not when we have to vote, but we can vote >> because you're going to come back um at zoning. I I wish the planning board will

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vote one time, but I I don't expect >> the planning board >> I don't expect the planning board to vote next time. I'm going to I doubt it, but you know, with a project like this and other projects I've seen, >> you know, they make comments um and we try to work with those comments and and

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I wouldn't expect >> I can't speak for them, but I wouldn't expect that we'd be back the next meeting. But I think she's right in saying that you might not be back the next meeting, but the next time you see us, we could be in a position to make a decision. I think what I'm hearing from

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my colleague is that, you know, we don't have a lot of information right now. So, while we could make a decision the next time we meet with a board, we may not be ready to because we may have additional requests because we will see information for the first time. >> But but what we could do is this. Even

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though the planning board gets presented in back. It's tabled. We certainly, it's still an open public meeting. We certainly can present any of the changes from that with the traffic and the landscape at the next meeting. You couldn't vote until you get a recommendation by planning board. So,

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you almost get a second look at it before you look at it a third time. And I have no objection to doing that, but I wouldn't expect the planning board to vote. >> I I mean, I personally would prefer to like review everything. I know that the planning department will do a great job,

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you know, in reviewing. Y >> um but I also would like some time. I don't want to feel forced into like voting for, you know, a project, you know, the same day that I'm getting new details on it kind of thing. >> So, the staff is being directed to

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schedule this for the ZBA next month as well as an additional information. >> Yes. >> Okay. >> Yeah. And even if we and and with an unlikelihood that we will Yeah. One, we won't have heard probably from the planning board, but with not with the expectation that we want to make a decision, but we want to see the

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information that has been shared with the planning. >> Absolutely. And you will have the benefit of a site plan, a landscape plan, elevation plan, a roof plan, >> the traffic analysis, a traffic study, >> all that will be presented at the planning board. And when we get comments from them, if we're going to make

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changes, you'll get the benefit of seeing those changes prior to the planning board's next meeting. So you could comment also on that prior to me going >> and it would also give us time to make informed decisions and think about >> Absolutely. >> Joe

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clarification. I'm all set. >> Okay. Anybody else? All right. Next planning board um 26. >> Yes. >> Zoning board definitely back here next month with with some information. It's >> fine. It's John's last meeting. Rub it in.

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>> Oh, I didn't know that. Miss John, >> thank you everyone. >> Thank you, counselor. >> Thank you. >> Next case, 2026-0288 Springfield AB. The Cavalo Corporation, Ronald Cavalo. Special permit and variance seeking approval of the construction of a two family woodframe

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dwelling which does not meet the minimum requirements for lot size. Okay, we're going to take a short break. We're take a fivem minute break. I told I told you I All right, we're going to get started. it again, please. So, everybody take your

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seats. Everybody take your seats and be quiet, please. I've never get to do that. That was really fun. Thank you. Okay, starting over. 20262 88 Springville Veil A, Carvalo

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Corporation for special permit and variance seeking approval for the construction of a two family woodframe dwelling which does not meet the minimum requirements for lot size, sideyard, front yard, open space and frontage. The petition meets the required number of

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off- streetet parking. However, the parking spaces encroach on required rear and sideyard septex as well as access aisle. So, we're going to hear, this is the first time we're hearing it. It's going to go to the planning board on the 26th of May. You have to be there. And

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then back here on the 6th of June, the 9th of June, excuse me, I apologize. So, please introduce yourself and your project. >> Yes. Um, my name is Ron Cavalo. I'm a third generation real estate developer. We've been developing since 1944 and I

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have a proposal for 88 Springville Avenue. Um, I'd like to talk a little bit about 88 Springville Avenue. It's a lot that has been undeveloped for I think decades at this point. And um the

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city believed that it had been incorrectly subdivided. So um an original permit which was issued for it was subsequently pulled uh because there was the belief that the uh

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subdivision was incorrect or incorrectly subdivided I should say. Subsequently, um, we were able to go into the records at the state house and prove that the subdivision was in fact correctly made

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and, uh, the city accepted that it is a subdivided lot. Um, we have a proposal for a two-unit building plus which is in stated an accessory dwelling unit which is uh a proposal that we're making under

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the governor's um statewide law for accessory dwelling units and to the best of my knowledge and John can correct me I think this is the first proposal before the city for an accessory dwelling unit >> and we have no authority over 80

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Just a flag. >> Correct. Correct. So, the structure um uh has been designed to uh we think fit into the neighborhood in terms of scale and height.

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Um it's um the average structure in this neighborhood, which is a very nice neighborhood, is about two and a half stories. This building is proposed at two and a half stories. The halfstory

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creating the ability to uh create the ADU unit. Um I know parking is a huge issue in the city of Chelsea and we've been able to create five parking spaces.

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We've um moved the first space close to the property line in the rear which makes it adjacent to an existing parking area. So you have parking adjacent to parking

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with the space furthest to the right which would be adjacent to a very nice residential structure having a buffer zone. So, we've done what we think is the most sensitive thing that we could do to create the parking that the city

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wants. The structure consists of one accessory dwelling unit which has one parking space assigned to it. A duplex unit which is a two-bedroom unit which has two parking spaces assigned to it. and a

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triplex unit which could be either a two-bedroom or a threebedroom which also has two parking spaces. Um we worked with planning to modify the structure to make it more consistent

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which with what the um uh the staff felt was uh aesthetically more pleasing. The original structure was perhaps a little too austere which was by intention. We wanted the project to not stand out and blend in nicely with the neighborhood,

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but we've added additional detail which the um staff requested and they perceive as being accept accept acceptable to them. You can see the square footages of the units and you can

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see the site plan. Each unit has small green space designed to be lowmaintenance even including the ADU. There's um access to the parking the in the rear using the existing uh curb cut.

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It's a flat roof structure again designed to be low-key and consistent with the neighborhood height. a wide roof as per request. And um additionally, this is a modular

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development and that's my intention uh to reduce cost but also to minimize the impact on the neighborhood. We can literally have the building closed into the weather in two days, which is nice. Uh so there'll be minimum construction noise and minimal impact on the

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neighborhood, which is always appreciated, especially in the city. Um, we've built this building a number of times. It's a great, very efficient building. This building has been designed for efficiency in terms of utilities, the

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quality of the insulation, the type of windows that we're using. It's also, we think, um, forward thinking in design, yet it does not stand out and would be offensive to the neighborhood. Um, we've

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created buffer zones through plantings in the front and in the rear. And um, we've also done something that we think is very good and we've done it in the past where the cars are parked. They will the cars are proposed to be

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sitting on what's called driveway crush, which is a stone material specifically designed and and cut to not impact on the tires and not travel into the street. The intention is that the cars during the rain in the winter would

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drain onto that uh crushed surface area and not impact on the surrounding area. So, it becomes a a drainage area in its entirety. It works. It's really good. And um we have it on two other properties that I

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own. Additionally, all the um patio areas are designed for drainage as well. Um, I think that's all I can tell you. Um, I'm here to answer any questions you would have. >> Questions?

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>> So, you're going to tear down the existing house? >> No, there's never never been a structure on this lot. >> So, this is not a corner. Uh, >> it is not >> the lot next to it. >> No, that's that's staying that's owned by others.

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Now, it's interesting. This lot has been vacant for de decades. And what's also interesting is that the present owner has been paying taxes on this lot for about 20 years. So, this brings this property in. It is

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now a legitimate subdivided lot. What this does do in addition to adding housing to the city is it provides additional revenue for the city. So, where the entrance of the garages, I mean the driveway is going to be in in uh Prospect or Springville.

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>> Springville >> using the existing curb cut. >> But um >> Okay, I see. So, you're saying that you're not going to tear down the existing house? >> No, there's no house on this lot.

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>> Okay, so it's empty. Um what about uh fans? Is he going to put any fences on the property line? Was there already a fence? >> Uh, yes. Um, my understanding is the code requires fencing

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between between the existing house and the proposed house at a specific height to not have the lights from the vehicles impact on the adjacent house. So, that's built into the design. Um, we also have

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fencing on the right side separating the existing house on the right side from the proposed house. And then we have, excuse me, buffer zones in the rear and buffer zones in the front. Uh, green buffer zones. >> John, I have a quick a simple question.

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So, we have a number of variances here and um would those would any of these variances change? This was a single home single unit dwelling. >> So I had to pull up the uh

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the department report. >> And I say that only for for purposes of understanding you know comparative. >> Yep. It would still need it still would not meet minimum odd size. Uh nor

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not meet the first one minimum odd size. Uh it depends on the size of the structure whether it meet the side setbacks front yard sexbacks. It would probably meet the usable open space. It's not going to meet the frontage. um the location of off street parking

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spaces and with the parking lot. >> So it would still require variances. >> Yeah, definitely. It would still require variances and special permit relief. >> Okay. Is um can I ask if this is going to be a rental property or is this the intent going to be like condos?

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>> It's a really good question and that's to be determined. Um a lot depends on the construction costs. It is my preference to keep it as a rental property. But again, we've built this building variations of this building three times.

409
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Two years ago, the cost of this building was literally half of what it is presently because of runaway construction costs statewide. So, the answer is I would really like to keep it, but I cannot guarantee that I

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will. If I find that I can't make it work on a rental basis, then I will convert it and it will be three condos. >> Okay. >> Okay. This is a public hearing. Is there anybody who wishes to speak on this? Come back. Come up here. Give your name

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any either one. Come together. Then do one at a time. Name and address and talk into the microphone. Hi, my name is Noa Masad and we live we are actually the owner of 88 Springfield, the house on the corner. >> Okay.

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>> I'm Michelle Gene Baptist. I'm her sister and we are the owner of the property of 88 Springville app. Um, and I have to say that our deed includes a disputed lot um, connected to this application and there have been

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conflicting title documents um, and an ownership dispute involving the parcel being presented for approval today. Um, we do not consent to any application, construction variance, special permit or development involving this lot. Um, we respectfully request

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that this matter be denied or continued until ownership and title are legally resolved. Um, there is also a history of pressure and repeated attempts to have us sign documents related to this lot. Um, despite our position that the lot

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belongs with our property, it is fenced in with our property. Um, so we obviously we're very pregnant, but this is very important for us. Um, we've been living there for many years. Um, we have kids. This is a very close-knit tight neighborhood. We were

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just talking about Halloween, how our kids go around in the Halloween and, you know, meet all our neighbors, play at the park that's on that street. And just hearing that this is going to be turned potentially turned into condos, rental property, and have different people maybe coming into the neighborhood um

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maybe on consistent term is a little bit concerning because this is a very familyoriented feel of a street and we really do love living there. So I just wanted to add these comments on the record tonight. >> Okay. Thank you.

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>> Thank you. John, are you what are we well what role, if any, do we play on this if there's some dispute? >> The city was is aware of the dispute. We have received sufficient information to determine that it is legally separated and that he does have the right to uh uh

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to build on it. Uh it is a legal matter between the m between the the 88 bill and this new one. >> Okay. All right. All right. But that's but so all right. So we're acting on the st. Okay. Anybody else who wishes? This is not the only opportunity to come.

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>> My name is Fred Wilkins. I am the owner of 103 105 107 Springville Hab, which is adjacent to the property in question. Uh I know the variance of the request

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states uh 88 Springville A. So, I'm not sure this has been properly subdivided, but there's it certainly doesn't indicate it by this uh application. Um, if if if it

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becomes a condo, then you have three units in my opinion and that would be another variance that would be requested required. No, excuse me. If if it became condos, not

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an ADU, >> it's an ad, >> it would still be considered an ADU uh under the state law >> as as a as a condo. >> Yes. An ado ADU. >> So essentially, we're we're going from two units to three units, which is out

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of the the realm given the the ADU provisions that the state has set forth. >> We have to pretend that doesn't it's not even there. >> Okay. that the zoning board. >> So, we don't have we don't have sideyard, we don't have front yard, we don't have green space, we don't have

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parking that is is there, but it it's encroached on 88. Whatever number this particular property you're referring to is, I don't know. Um, and I agree with the young ladies here.

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This this is a speedway between Everett and Washington Avenue. And if they can't get into their parking space, we're going to have additional parking out front. We're going to be con more congested. I I

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respectfully request that this uh be considered not a viable situation. >> Thank you. Anybody else who wishes to speak on this? Hi. So, I live on uh 88 Springville. >> What's your name?

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>> Jonathan Bllye. Um so, if this is three units, um wouldn't this have its own address other than 88? >> Once they get a building permit, they can apply for a street an address number

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at assessor's office. >> Okay. And where would be the parking for this? Is this a their own driveway? >> Driveway is here. Parking is in the rear. >> And where is um 88 according to this?

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>> The one that you live in is right is here on the left hand side. So, it'll be a driveway between 88 and this new unit. >> It'll be a driveway on the new unit's property. >> Yeah. I mean, in general, I don't know

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how all of that's going to fit, but um I guess we'll have to wait and see. And that's it. >> Okay. Thank you. Anybody else? Again, this you this is not being closed. This will go to the planning board on the 26th of um of May and it'll be back here

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on the 9th of June. Um and you'll have other opportunities to speak then. So make sure you show up. >> Okay. >> May I add a comment? >> Sure. >> Uh I did want to mention that by design we've put the ADU unit in the rear to

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minimize the visual impact on of the structure. >> I completely admire your sharing the information on the ADU with us. you really didn't have to because we have no say on what you do with the ADU. Just so you know, we have absolutely no say. >> You didn't have to remind that and that's so I mean I admire your honesty

434
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because you didn't have to tell us but um but we appreciate that but I'm just you know and I don't mean to and I'm not I yes I intended to cut you off because I don't want to know about the ADU. We shouldn't be considering the ADU. It's not thinking about the ADU. It has we have no authority on it. That's the state law. We can't do anything about

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it. So it's like it doesn't exist. Thank you though. >> Thank you. The next case, 2026382 Cherry Street, Jeffrey Drago, for special permit and variant seeking approval for the construction of a six family dwelling unit which does not meet

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the requirements for minimum lot area off- streetet parking, minimum required frontage, maximum building height, minimum front yard setback, minimum sideyard setback, maximum lot coverage, and maximum floor area ratio. As with the previous two cases, we will not be

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deciding this today. This will go to the planning board. Thank you. On the 26th of May and back here on the zoning board, if they've made their recommendation on the 9th of June. So, please introduce yourselves and your project. >> Thank you, Madam Chair. Hold on one

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second. I just want to make uh there's been a correction to uh we just learned about it today. There's been a correction to the application. And the applicant is not Jeffrey Dgo Drago. It is uh 82 Cherry LLC

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LLC. Okay, >> that has been correct. We've corrected the add it was gone in uh to the paper to be corrected and we will correct the it came in too late for us to uh correct the agenda. It will be on the next. >> Okay. Okay. Thank you. Thank you for the clarification, John. >> Thank you, Madam Chair, members of the

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board. Attorney Jeff Drago with Drago and Tusano. Here on behalf of the 82 Cherry Street Realy Trust with me, I have Nadia Dalo. Her father uh Florendo is here as well. They're the owners uh of the property and the petitioners uh

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before you. Uh with me, I also have uh Beth McDougall from McDougall Architects who you'll hear from in a few minutes uh to go over and run through the plans and the renderings that have been provided. Um the the proposed project uh consists

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of the construction of a new fourstory multifamily uh residential building. It's currently a vacant lot on the site. Uh the family has owned the lot for almost 20 years. They own the uh rental buildings uh behind it as well. Uh the

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the lot is at 82 Cherry Street now. It has a existing curb cut on the lot and you'll see that in the site pictures. The proposed development uh we're proposing will contain six dwelling units. These are residential rental

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units uh proposed and three off streetet parking spaces that you'll note uh through the front uh access point of the driveway and garage door. We're also proposing a common roof deck on the site as well. The uh existing conditions as I

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mentioned is a vacant parcel of land, a taxable parcel my clients owned for a number of years. As you can see from the uh pictures and the aerial views that were provided in the packet, uh th this area is uh although it's an R2 district,

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it's comprised uh mostly of apartment style complexes, condominium developments up and down uh Cherry Street Second uh and the surrounding areas. Directly to the left of us is about approximately 20 unit uh

447
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condominium complex. behind us. Uh you can see into the sides uh are all brick uh apartment style complex as well and so on and so forth as you go up and down uh the particular uh block in that area.

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Uh my client uh has owned the parcel saw a lot of new development going on in and around the area and uh wanted to create some much needed housing on the site. Right now it's a vacant hot top lot. uh the proposed building that we are uh

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constructing would have some additional green space on the front, on the side, and that common roof deck uh as well as part of the proposal. Um with that, I'm going to turn it over to Beth. She can run through uh the floor plans. We also,

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just to point out, have a mix. We've got three one-bedrooms and three twobedroom units that we're proposing on the site. Thank you. >> Hi, good evening. Um my name is Beth McDougall. I'm with McDougall Architects. Um I'll just walk you

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through the plans. So on the ground floor, we would have a um garage door to come in. Um we have a wall here. We've left this open and we have three parking spaces. We can uh put our trash either on this side or on this side. And this

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is um also a wall, but open and open so the cars can get in and out. Um the main doorway is right here. I know it's hard to see. little light. But this would be the entrance door in to the stairs that would go up to take you to floors two um

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two, three, and four. They're all the same. The stairs are front. We have one unit um on the right. Those are our two-bedroom units. And because the stairs take space, then the unit on the left, those are one bedrooms. So those are the same as you go up. They're

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exactly the same. So, if we could go to the roof one more. So, on the roof deck, what we have is we took this um stair tower. I'm calling it a tower. Stair tower here. And you would come up the stairs and you can then use

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this deck. Um we uh if you go to the elevations. So, on the elevations, um this is um a little taller on this corner which is next to the uh development there on second a. Um this has, as you can see, we've kind of dashed in where the stairs

456
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are to come up to the roof deck. Um we have small um little um Juliet balconies there. You don't walk out on them. They're just you can open the doors, but it's that Juliet balcony, you know, you can't go out. Um next um drawing, please.

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You can keep going. Nope. Oh, so here's the here's the site plan. So here's Cherry Street right here. Um, as you can see, I know it should be this way. As you can see, you come in here with a um, you come in from Cherry Street. There's a

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garage door. I don't think he's got this on here, right? Um, these aren't right. But anyway, you come off of Cherry Street from the garage door. Um, this piece right here is a Chestnut Street, and there is a um, that's their egress. Now, this um, comes over 10 ft. Um and

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then there is this is the second avenue um development over there. We go to the renderings. >> I'm sorry. Which way? What are you looking for? >> The renderings. >> I don't know if they're >> They should be in there somewhere.

460
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>> They have copies of them if >> Oh, you can speak to them. >> All right. So, if you look at the renderings here, um here's the here's the um development there on Second Avenue. And then this would be ours. And this is what I say

461
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the stair tower. It's it's a little taller on that corner, which is nearer to the um taller building. And then it's stepped down. Now, next to us, there's another parking lot, and then there's another building that faces Chestnut Street, garage door, and entrance door.

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Um the materials would be um like a Hardy board, the artisan series where we are going to do some of the um collabors vertical. We checked we can do that and some of them horizontal. Again, just Juliet balconies. Nothing sticks out past um there aren't any like decks for

463
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each unit. It's just you can open your doors. And then we have the um common area roof deck for our open space. >> So that's about it. And if you have any questions, >> we can answer any questions. >> How how does this line up relative to So

464
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how I'm It's hard to tell the perspective here. Heightwise, how is it compared to these? >> Similar to the building to the left. >> Yeah, they're the same height as the left. So the um development there on Second Avenue is a ground which has parking and three stories above. And we

465
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are the same ground with three stories. It's a little taller because we put the stair in the front to kind of anchor the corner of the building. So, it would be a floor taller only at the stair. Yes. >> Mhm. >> And the height for the area is 40 feet

466
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allowed. We're at 40. We're four stories which allow 43 feet. So, >> um in your pictures, I see the uh um building, the new building has a dumpster right by the fence.

467
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right on some of the pictures here and and my question is and other on the new pictures with the you know but the finished project since there won't be a fence what's going to happen to that dumpster are they going to be removed >> dumpster would have to be moved yes

468
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>> that's not our dumpster I know it's not your dumpster but it's on our property >> it's on our property >> okay okay going to be removed um who owns the building the existing building the brick building >> in the rear >> on the rear. Yeah. >> The family. So, it's two it's two

469
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buildings. It's a three and a three. >> Different realy trust. >> And who's >> if you're going to speak >> Yeah, it's a different I can speak to it. It's a different realy trust, but same family owns that parcel. Separate parcel. >> All these cars in the pictures from their tenders. Who's who's those cars on

470
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the on the on 82? I can see pictures here where there's cars here parked on the >> right. So, some of those cars were either leased or part of a tenant in in another building, but there were only a few. So, say there were four cars in the lot. It wasn't like one for one for the

471
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building. A couple of them were tenants that had cars and other ones were just rented spots to folks that left a car there, not from the building. >> What about the dumpster in the 82? >> Is a dumpster in 82? >> Um, smaller.

472
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>> Uh, excuse me. It's a small not a full scale dumpster. It's like a like a I don't know how many cubic feet that is, but we're going to try to transition to the pull away. >> Yeah. Are you asking on the new building? >> No. Well, I'm I'm looking at the pictures. I see a dumpster in the

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picture right now. So, my question is is that >> neighbors, >> you won't need that in a new project. >> Correct. That's right. >> Okay. >> U >> and this would be like I'm sorry. This would be the new project would have like a tote system that would be wheeled out like totes. >> Okay. Another question. Is there any

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reason why the um on the side is open like here? Like she was saying there is open. Is there any reason why? >> Okay. So, we opened up. We can close it, but then we lose our parking. I can't get the cars to back in and out unless they back out onto Cherry. So, right

475
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now, the cars that all park there, they all back out onto Cherry and go, which we could do, >> right? Uh, >> but the reason I opened it over here, I opened these walls up so these cars can actually back and get out. Back and get out. Back and get out.

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>> And if you I'm sorry. And if you look at the condo complex next to us, it has a similar design. So, we were kind of >> Yeah, there it's open also on at um um the project there on Second A. >> Okay. So, um, if they're going to use that as a turn in and out, it will be a

477
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chance they can hit the other the the cars on the other property. Like just in here, there's no fence that you guys don't put in fence. The other property that won't have fence either. >> Oh, we can put a fence up on our property. I have no problem putting a fence up on our property line. >> There's enough turn radius to

478
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>> We've got plenty room. I I I know probably enough faith, right? Five feet. Five feet. Uh, right. I I know there's enough faith, but I'm saying in the case of uh someone not seeing right the mirrors and going to back in and see the other car.

479
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That's my question. >> Um, >> well, they can also back out. I mean, right now the way they are, they're angle parked and everyone backs out. No one turns around in there and comes out. We could I can close that and all that means is that everybody's going

480
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to back out. So it could be completely closed. That's just we had left it open to make it a little easier that people could back out and then pull out instead of having to back out. >> Okay. >> Thank you.

481
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>> What about the property on Chestnut Street? like what's the space between the back side of the property in Chestnut Street and the back side of 82 Cherry Street. >> So the five foot set back in the rear plus the building set back a few more feet from the >> Is there going to be a fence there to

482
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separate both properties? >> We don't have to. >> You don't have to because we both own it. >> We don't have to. I mean, even if they didn't own both, if you put a fence there, you still have space from the fence to the existing building on Chestnut. There's about five or seven feet. I don't know exactly. Um, and then

483
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they have an egress that comes down the side of 82 Cherry. So, if I'm looking at 82 Cherry, right? And this is the back of Chestnut. There's 5T. And then there's this dog leg that comes out 7 ft wide that belongs to Chestnut. Okay, >> that comes along 82 Cherry. So, it's

484
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between 82 Cherry, 7 feet, and then the other parking lot that you see next to it, >> which they could eress out the back with plenty of space. Okay, >> John is um are I'm noticing that on the

485
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there's an additional um variance need that does isn't showing up on the information that we received. >> That's correct. We just uh we learned from Mr. Drago uh about that today and we got that was a a letter that denial

486
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letter that was updated by the building inspector and and Mr. Drago sent this copy. I've sent it to you. I've also attached a revised um department report highlighting uh No, I'm sorry. That was

487
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a different one. I'm sorry. It's >> okay. I just wanted to make sure that we're >> Yes, it was the rear yard setback. Correct. Okay. Thank you, Madam Chair. >> Um I'm going to open up to the public. Does anybody wish to speak on this? >> I have a couple of letters I want to read. >> Sorry, I missed you. I apologize.

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Hi, my name is Christopher Pini. I'm a unit owner of uh 25 Second Street, uh one of the 20 units that I believe is in one of your renderings. Uh theme of the day seems to be parking. Um so we kind of noticed that there isn't the right zoning for the number of parking. So

489
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it's being used today for variety of parking spots. Um, so basically you're removing parking spots, then you're adding people to that space directly and also having less parking spaces than you're zoning for. So we've had a variety of instances with needing kind

490
02:37:10.560 --> 02:37:26.880
of emergency tow services just for our units because it immediately blocks our ability to get in or to exit our building. So anything that is a risk to us from a parking perspective has been already kind of felled and we feel this

491
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might or I feel this has a indefinite risk of increasing that frequency as well as just the on street parking in general in that area is very difficult. So you would be forcing people that are currently parking there onto the street again which you've heard today is kind of an ongoing situation. >> Thank you.

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>> Thank you. >> Um I'm going to read these letters I have. Um, I am writing this letter in strong support of the proposal to construct a new four-story multifamily residential building with six dwelling units and three off- streetet parking spots on the current vacant lot at 82 82

493
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Cherry Street, Chelsea, Mass. I have not encountered any problems with this property which would affect my quality of life or the quality of life of local residents. This project will enliven this lot and create housing units which will add value to the local community. I

494
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believe that This proposed project will be a welcomed addition to the Chelsea neighborhood. I strongly support the owners in their application and that's Lindsay Burroughs who lives at I believe it's 7152nd Street, unit 207.

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And I have the same letter um or same verbiage from Eddie Serrano at 131 Chestnut Street and those will go into the record. This will not be the only opportunity people have to speak. you have to go to the planning board on the

496
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26th of May and back here on June 9th. >> Okay. So, >> c can I just respond to the parking comment that we heard? Yeah. Thank you, Madam Chair. Um, so as I had mentioned earlier, the the spots that are rented, only two of them are actually tenants of

497
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the building. The other ones are rented from out of city folks, not part of Chelsea. And it's not like a one for one. So, not every spot in that lot is filled. So, >> okay. >> And we felt housing was more was more important. >> Thank you. >> Thank you.

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>> Thank you. The next case in front of us 20 2026-04 41-43 Orange Street Habitats for Humanity Greater Boston special permit invarian seeking approval for for construction at a four family dwelling

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structure which does not meet the requirements for minimum lot setback, minimum floor area ratio, maximum lot coverage, minimum sideyard setback, minimum open space and minimum required off- streetet parking. Again, we will not be deciding this today. This will go

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to the planning board on the 26th of May back here on June 9th. >> John, can I steal the HDMI from you? >> Um, my name is Robert Freddy. I'm a licensed architect representing Habitat for Humanity. Uh, just going to approach

501
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with some letters of support to pass out. Sure. Thank you. Just give them to give them for the record. Okay. Um, my name is Robert Freddy, uh, licensed architect with Adaptive Architects and Planners, um, representing Habitat for

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02:41:21.840 --> 02:41:39.840
Humanity, uh, as well as CET, uh, on this project at 41 to 43 Orange Street, Chelsea. Um the proposed work is to construct a new three-story residential building containing four dwelling units. Uh we're currently

503
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showing four off- streetet parking spaces, so one per unit. And all the units will be affordable housing. Um uh and specifically for families of different sizes that I'll get into. Um, I also want to note really quick that

504
02:41:55.520 --> 02:42:12.319
this project stemmed from an RFP from the city. Uh, there was some language in the RFP on potentially approving the 1:1 unit to parking ratio. Uh, and also um relief on frontage setback

505
02:42:12.319 --> 02:42:28.560
requirements and other variances. Of course, that doesn't mean you need to approve this, but I I just wanted to note that that was part of our planning process. Um just to give you a quick idea of the organizational structure here, Habitat for Humanity is going to be the developer and builder of this

506
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project. Uh Adaptive is the uh architect and engineer. Uh and then we also have community land trust CLT uh who is going to be the land trust for the project and actually steward the land uh and en ensure that the project

507
02:42:46.640 --> 02:43:01.120
uh continues to be affordable home ownership for the entire period of the property. So the existing lot you can see at the top here uh it's completely paved over with asphalt. There's a fence running down the center. Uh but no

508
02:43:01.120 --> 02:43:16.399
current structure sits on the site. Uh we're in an R2 district out of the flood zone. Uh and we are going after what we had is four variances, but uh we were notified that there's actually three additional that we needed to add which I

509
02:43:16.399 --> 02:43:32.319
tried to add here before the meeting. Uh the first is the minimum lot area per dwelling unit permitted at 3,000 per unit. We're currently at 1,415 per dwelling unit. Uh the issue here with the second uh variance is the

510
02:43:32.319 --> 02:43:49.200
minimum lot area is required to be 10,500 square ft. We're actually at 5,662 square ft. So it's an existing non-conforming lot. Um and the shape of it is really restricting what we're able to do here uh within the regulations.

511
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And then minimum frontage required at 60 ft. the existing lots at 56.5 ft. Uh maximum floor area ratio we had at 94 when we calculated it. The city calculated it at 1.13.

512
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Um so we would be over one and we would require a variance for that as well. Uh and then it was also noted on the sideyard setback that we were at 56. Um and I think it was noted that we'd need a variance on this as well. Um the max

513
02:44:21.439 --> 02:44:39.439
percent lock coverage we had at 38%. Uh city noted it at 40 41%. So we'd also need a variance on the max uh lock coverage. And then lastly on the variance side minimal usable open space 150 square ft times four families is 600

514
02:44:39.439 --> 02:44:55.040
square ft requirement. Uh we're at we calculated 425 total. The city calculated 1085. Regardless, um we do not meet the requirements and we would also need a variance on that. Um we're also asking for four special permits on

515
02:44:55.040 --> 02:45:09.920
this project. Uh permitted use, we are in the R2 district, so permitted one to three family dwelling. Uh currently designed as a four family dwelling. Parking uh required eight spaces per the

516
02:45:09.920 --> 02:45:26.160
four dwelling units. Uh we're at four currently with a 1:1 ratio. And I'll show you the site plan to kind of show you how restricted we are with that. Um, parking aisle width 24 feet required. We're at 19 feet again because of the

517
02:45:26.160 --> 02:45:41.920
restriction of the overall lot size. And then the parking location is the last special permit that we're requesting. Uh, it's not allowed to be within five feet of the rear lot line and we are right up against that rear lot line again because of the restriction of the

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overall site. So that's a highle summary. Um this is just a rendering of the site. As you could see our projects in the middle there. Um we tried to make sure that this fit well into the neighborhood. So uh we met quite a bit

519
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with Ct got their inputs on the project, walked the neighbor quite a bit. So we were inspired by the architecture in the neighborhood. You could see that we have brick on the front of the building, a couple of bays that are coming out. The sides are wrapped with clapboard siding,

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02:46:17.040 --> 02:46:33.920
and then the top, we have a mansard roof at the top to again blend into the neighborhood. Um, on the right side, you'll kind of see there's a a carport or a car pass through. Uh, we couldn't put the parking up front, so that acts as the car pass through to get access to

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02:46:33.920 --> 02:46:49.680
the parking spaces in the back. Uh again, this gives you an idea of the existing site. The top two photos are um from across the street, Orange Street, and then the back of the lot. And then you can see the bottom two photos on the

522
02:46:49.680 --> 02:47:10.479
left side here give you a sense of uh the really interesting, you know, older brick buildings that are all over the neighborhood that really inspired this uh design. So this is the this is the existing certified plot

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02:47:10.479 --> 02:47:25.040
plan. You could see it's kind of hard to make out, but we're at roughly 56 feet wide by 100 ft deep. Uh 5,662 total square feet. So the existing lot is obviously posing a lot of challenges

524
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to create even the four uh affordable units. Um this is the new proposed certified plot plan. So the building is on the bottom left that's kind of hatched out. Um you can see we've tucked it into the left bottom left corner. Uh there's an

525
02:47:42.800 --> 02:47:59.040
existing curb cut on this side so the cars would come directly through this carport and have access to the parking in the back that I'll I'll show you how it's laid out on some of the upcoming slides. We maintain the 10-ft front setback. We thought that was important

526
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to blend in with the rest of the street. Um, and then we on this right side, it's important to note that the footprint on the second level does expand to this wall that's here and supports the second level and the third level above. And the cars would go right under that to the to

527
02:48:15.600 --> 02:48:45.920
the rear yard. So, this gives you a sense of the overall site plan. I'm just going to zoom in here so you can see. Um, but this is where the curb cut is. You come off of Orange Street up through this driveway into the back parking area. So,

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we have four spaces total, one per unit. Uh, one accessible space for the first four fully accessible unit. Uh and then you know you could see we had hatched out the open space here uh at 425 square feet but um obviously the the city

529
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calculated that differently. Um this is an accessible walkway that would come up and the entrance would be at the front. You go up the stairs for the three units on level two and level three. Uh, and the accessible unit you would access

530
02:49:19.840 --> 02:49:35.120
directly from that front there from the vestibule. Um, these are just floor byfloor layout so you guys can get a sense of what we have quickly in the basement. Uh, four storage units, one storage unit per uh

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per family. Um, level one, you can see the car port on this right side, the vestibule here, and this would be the accessible unit. walk in to a, you know, living dining space and then two bedrooms, full bathroom in the back. The

532
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second level is our two mirrored units. These are two three bedroomedroom units, each with a full bath and a half bath and a similar kitchen uh dining uh layout to level one. Uh and then lastly, the third level, uh

533
02:50:07.120 --> 02:50:24.760
we're we're currently showing a four bedroomedroom unit, uh with two full baths and again similar kitchen layout to what we have below. Um so Habitat's trying to really maximize the amount of bedrooms uh so that they can put some larger families into these units.

534
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Um the these are just the elevations I just wanted to show you. you know, we're currently at 29 feet, three levels, because we wanted to blend in with the rest of the neighborhood. We still have, you know, over 10 feet that we could maximize the site even more, but we felt

535
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it it wouldn't properly blend into the neighborhood. Um, and then lastly, I'm not going to read all of the uh letters of support. I know you all have them in front of you. >> I will read them when it's time for the when I'll read them. So, I'll I'll leave

536
02:50:58.399 --> 02:51:14.640
that alone and and let you read those. Um, and I'll leave it here. This is just a bird eye birdey view rendering of the entire site so you can see how we really tried to match the overall height and even the aesthetic of the brick building

537
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directly to the west. Um, you know, we we tried to really make sure that this uh building fit into the community and and enhanced it. Thank you. Any questions?

538
02:51:32.880 --> 02:51:49.920
>> Just want to say well done. >> It's a nice property and um I like the sizes of the units too. We don't see that a lot. Usually it's one bedrooms >> that come before us. >> Yeah. >> One bedrooms or two bedrooms. But the fact that you want to maximize the space and and provide homes for larger

539
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families, you know, that's great. >> Yeah. Thank you. lucky to work with Habitat for Humanity. So, >> how high will be the um what was it? The second floor. So, you know, from the from the uh driveway, how high is that's going to be?

540
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>> It it's about 10 ft right now. So, we're still working on how we maximize that and how we work the site plan into it >> all the way into the back. 10 ft. >> You'll you'll gain the back's actually a little bit lower, so you'll gain height in the back. will be plenty space on the

541
02:52:22.399 --> 02:52:38.080
back to turn around. >> Yeah, let me go back to the site plan that I was showing you. >> So, this is one of the variances that we're looking for. So, we did we did an analysis there. Our civil engineer did an analysis. That's why we're tucking

542
02:52:38.080 --> 02:52:54.560
these back up to that rear lot line. Uh we have 19 ft 2 in from here to here. The current updated design has some ballards here just to protect the edge of the building. Uh but we do have enough space to back in here and then actually come out forward so that the

543
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homeowners aren't backing into the street. >> Um because thinking you know two cars coming at the same time how one I guess the one coming in will have to get out for the other to come out right

544
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that will will work. >> Yeah. Um yeah, there's definitely not the width to provide two-way traffic on the driveway. Um >> no, my reason because on the back is like is it one is leaving at the same time, the other is coming in. >> So how you know one is going to wait for

545
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the other to come out and >> yeah carefully. Um, I mean, we we >> honestly I wish we could take up less space with the parking, but now that I sat through the two and a half hours of this meeting, I'm I'm not going to go

546
02:53:44.240 --> 02:54:01.840
there. Um, but you know, we we tried to get enough enough space for parking so that they could pull in and pull out and also it was critical for Habitat for Humanity and CLT to not have people backing out,

547
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which would have saved them some space. So, yeah, it it it could be a problem if someone's coming in and coming out, but um I think we could we could install some mirrors in the back there so they can see around the corner a little bit better potentially. Um but it's

548
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something that they'll have to be careful of for sure. >> Good question. >> Okay. >> Okay. So, again, this won't be the only opportunity people have to speak. Is there anyone who wishes to speak on this? Again, I'm not so I'm not closing the public particip. Does anybody want to

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speak? Come on. >> Please give me your name and address. Speak into the microphone, please. cannot hear me. Microphone was a little bit high to me, but I I'll be able to use it. My name is Suyaba Perez. I'm a vice president and the founder of

550
02:55:27.600 --> 02:56:08.880
and both Street 59 Cherry Street. We also own a property there along with my husband there. 50 Sherry Street organization was born basically in the community for the community or for the purpose of the community. That's how our

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organization was founded was built >> precisely because of the need of accessible uh units and housing in this beautiful city and >> we've been waiting for a long time to be able to be here right in in front of you

552
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to be able to speak in front of you. It's been a long time that we waited for this moment. So we hope that four families could be the beneficiaries of this properties and housing for families that are low income families.

553
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very hardworking people. >> And the majority of us, we are immigrants as well. City of Chelsea Chelsea. >> Being the owner of a house here, a property here in Chelsea, it is very

554
02:57:50.000 --> 02:58:17.040
easy to establish here in the city of uh Chelsea, to build your roots here in the city of Chelsea. So we have to consider that this uh four units that we are mentioning here we will not only they will not only benefit the current generations but future

555
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generations to come. We do know that we can count on habitat here and I have the full certainty that we count on you guys as well as a board. >> Thank you very much for your time. >> Thank you.

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Is there anyone else who wishes to speak? Good evening everyone. I'm John Valanch. Um first, thanks so much for the time. Thank you for that incredible presentation. >> Could you give us your address, please? >> Yeah. So, I'm not a Chelsea resident. Currently, I live in Charles Town at 72 Tibbitztown Way.

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>> Still talk. >> All that said, uh I was born and raised in Chelsea. Um and this project is near and dear to my heart. I'm the co-president along with Suyappa who just spoke of um you know tonight I know that you're not voting on uh what's before you but I

558
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do uh hope that you will ultimately uh prove um this project. I hope that it's abundantly clear how much passion and heart and love has gone into this work but also how much technical detail uh and thoughtful planning that is rooted and drawn up from the community's

559
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interests. Um, so as you've already heard, our roots are very deep. Uh, indeed, really go back to the 2008 recession. Um, and the massive affordability crisis that, uh, was exposed then that disproportionately hurt our Latino community, um, and

560
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continues to be a particular issue for that community. Um you've heard about the genesis of our nonprofit uh Suyappa again and others here in the room Paty and Flor as uh founders um Isa of this organization

561
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um and and heard how thoughtfully we've really tried to approach blending in with the community supporting existing um infrastructure but also really responding to the affordability needs. And so thank you for calling that out um in the community by being really thoughtful about the design. Um, so I

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want to just say a word about what we've been up to since we first incorporated in 2021 and how community is always at the the the forefront of what we do. Um, so since um, you know, organizing in 2021, we've built the financial,

563
03:00:43.439 --> 03:00:59.359
operational, administrative, and social capital. We've grown our budget, hired staff, built and trained our board, and established and growed a growing resident membership of over 50 individuals who will be the future CLT homeowners who are from the community.

564
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As Syapa said, many of whom are immigrants, many of whom want to stay in Chelsea and feel the bracing pressures of the affordability crisis. We're working with them, training with them, and building a future here in Chelsea. On the committee side, our education,

565
03:01:14.880 --> 03:01:31.760
governance, and real estate committees have been hard at work formalizing policies and practices that will guard guide our organization into the future. And as I said, we've been focused on building deep interpersonal relationships with our community members. This looks like on this site,

566
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multiple Earth Day cleanups in the neighborhood. I was out there in the pouring rain back in 2024. I brought friends over a dozen from outside of Chelsea and within Chelsea to come and help me. We had an incredible turnout that day and it was pouring rain, you know, and that just goes to show you

567
03:01:47.760 --> 03:02:03.359
people are willing to pick up the craziest trash by the way around that property because we are committed to building this site for the community. Um, so, you know, in addition to that, we've had other community engagement

568
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days. We've done door knocking canvasing to talk to the residents to hear what they're interested in to understand um that we want to be there that we want to be part of the community and that goes in tandem with our rising membership. One of our current and newer board members is actually a resident and a

569
03:02:20.319 --> 03:02:34.880
butts the property and she loved what we were talking about back on again on a site activation day and she said I want to know more and I want to be involved and that's exactly what Sanis is doing. We're building community leadership as we're also doing our best to be a puzzle

570
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piece in the affordability crisis. Um so, uh you know, I just want to kind of underscore how important it is that we're not just building the bones of a nonprofit here, you know, another affordable housing organization. Um but with our partners, Habitat for Humanity,

571
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thank you, Adaptive. You know, we are really working to show up for the community in so many ways possible, right? So, in addition to um supporting the residents, you know, we're talking about having a homeowners repair fund, you know, and we're looking at uh

572
03:03:07.279 --> 03:03:22.960
building a and and we have built uh a first-time home buyer program. And so, we're doing all that we can to prepare residents to not only acquire a home, but to also stay in that home. And that's something that personally affected me as a teen between 2004 and

573
03:03:22.960 --> 03:03:40.560
2008 where I moved over six times uh after my parents divorced, my mother struggled with issues after that fact. Um and so I just want to highlight that you know all of the stories that you've heard and those that you haven't uh that there's a real crisis here in this city

574
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and our project speaks to the needs of our residents and is informed by those residents. Um, so you know, in closing, I'll just say this isn't just about providing a home. It's about providing and nurturing a thriving community of residents that will support one another,

575
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develop one another, and enjoy the benefits of a deeply connected community of land stewards. Um, so for these reasons, I again ask that the the uh zoning board approves this um when the time comes. Um, and thanks so much for your time. Really appreciate it. >> Thank you.

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>> Is there anyone else that wish to speak? Okay, then I'm going to read. We have some letters. Oh, come on. You want to speak on 31 here in Chelsea. Good evening everyone. The reason I'm here tonight is to support the uh construction going on at

577
03:04:56.560 --> 03:05:36.160
4143 Orange Street to to support that project >> to be able to build this affordable is for many families that are very limited in resources. Lowincome families have to consider that there has been many displacements here in in Chelsea.

578
03:05:36.160 --> 03:06:09.120
Families with their kids moving moving everywhere and that is something that is very sad unfortunately. Infino. >> That is precisely why this four units are very important. So we have five families, four families that will be

579
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established there and they will not be all over the place. They will be able to stay there. Housing has to be a top priority. Is not a luxury. It is a need. We might not have any food but we cannot be without

580
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any housing is a top priority. That is precisely why the reason we are here so you can support families like this and we do hope that they are not the last families because there are many families in need and we hope that you can support them in the future as well

581
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with similar projects. That's all I came here to say. If you could please support us, we will very much appreciate that and I wish you all a very good night. >> Thank you. Anyone else? So, I'm going to read these letters. We have a couple of letters of

582
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support and I want to read those. On behalf of the city of Chelsea Department of Housing Community Development, I'm writing to express support for Habitat for Humanity Greater Boston's proposal in partnership with Kmenidad's I'm I'm not going to try um CLT to seek

583
03:07:56.960 --> 03:08:11.040
financing for the 4143 Orange Street project from the Chelsea Affordable Housing Trust Fund. After acquiring two vacant premise properties at 4143 Orange Street, the city of Chelsea through the

584
03:08:11.040 --> 03:08:28.920
HCD and H AHTF sought to leverage this publiclyowned land for affordable housing opportunities with the goal of addressing racial wealth disparities and housing instability following a competitive procurement process.

585
03:08:31.040 --> 03:08:50.319
>> Thank you. and Habitat for Humanity Greater Boston were selected to develop the site as affordable house, affordable home ownership opportunities using the community land trust model. Habitat will collaborate with families on the

586
03:08:50.319 --> 03:09:05.359
construction of their homes while ensuring households are poised for long-term success as homeowners. Community Dots, I'm going to just say the first word because that one I can pronounce. Dats, a local nonprofit founded and led by Chelsea residents,

587
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will own the land in perpetuity, supporting homeowners through a variety of programming while maintaining a ground lease with the condo association to ensure to ensure long-term affordability. Upon completion, this project will res real realize new affordable home ownership opportunities

588
03:09:22.720 --> 03:09:39.120
for low and very lowincome first-time home buyers home buyers, enhance local capacity and awareness, build new partnerships, and spur upward economic mobility through the reimagining of a derelict underutilized site. All of which is strongly aligned with the goals

589
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of the affordable housing trust fund. Sincerely, Ben Cares, director of housing and community development, City Chelsea. And then we have another one. We have two. Um, this is from the Neighborhood

590
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Developers. On behalf of the neighborhood developers, TND, I am writing to support in support of Habitat for Humanity Greater Boston's application for AHTF funds for the development project at 4143 Orange

591
03:10:09.279 --> 03:10:25.760
Street in collaboration with Community Dods Community Land Trust. I really apologize. Um, TND is a community development corporation based in Chelsea River and Everett. Our mission is to create strong neighbors neighborhoods enabling community members to secure a

592
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stable home, achieve economic mobility and determine their own future. Community root rooted communities in English is a total non is a local nonprofit fund founded and run by Chelsea residents in 2021 to address the

593
03:10:42.080 --> 03:10:58.080
housing crisis in our community. Over the past five years, they have demonstrated a deep commitment to building a strong organization, supporting real community engagement and nurturing partnerships. Their partnership with Habitat for Humanity Greater Boston brings development

594
03:10:58.080 --> 03:11:13.279
expertise and the opportunity for Chelsea residents and future homeowners to help build the homes and build community. The project at 4143 Orange Street represents Chelsea's commitment to stemming displacement, creating affordable housing, and building

595
03:11:13.279 --> 03:11:31.439
community stability in Chelsea. I urge you to support this application for funding and Raphael Marz, executive director. And I have another one. Dear me, uh, I am writing in strong support of Habitat for Humanity Greater

596
03:11:31.439 --> 03:11:48.160
Boston's application for affordable housing trust fund funding for the development of 4143 Orange Street in collaboration. Oh, wait, that's this is to the affordable trust fund. Does it matter? >> I I'm just say it wasn't us, but it's

597
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it's part of the record. >> I would read it. You could take it. >> Okay. I mean, I just want I just wanted to recognize that it's to the trust fund, but I'm going to read it because it's here and it's supportive. Um, as a me as a neighbor of the proposed site, I have seen firsthand how this vacant lot

598
03:12:02.560 --> 03:12:18.240
has remained underutilized for years, contributing little little to the surrounding community. I am eager to see it transformed into much needed affordable home ownership opportunities. Chelsea faces significant a significant shortage of affordable housing and projects like this are essential to

599
03:12:18.240 --> 03:12:34.800
ensuring that longtime residents and working families can continue to live and thrive there. In addition to being a neighbor, I'm also a board member of Community D. Through this role, I have witnessed this organization's deep commitment to communitydriven development, anti-displacement efforts,

600
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and long-term housing stability. Founded and led by Chelsea residents, the organization has built strong relationships in the community and works to ensure that development reflects local needs and priorities. Their partnership with Habitat for Humanity Greater Boston brings critical

601
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development expertise and a proven model for creating highquality, permanently affordable homes. The project represents an important opportunity to revitalize the long neglected parcel, expand access to affordable home ownership, and strengthen community stability in

602
03:13:07.200 --> 03:13:23.840
Chelsea. It will not only provide housing, but also empower future homeowners and contribute to a more equitable and resilient neighborhood. I I respectfully urge you to support this application for funding. Juliana Cardono Bario, neighbor and board member.

603
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So these will go in the record. This will again, we're not going to be deciding this today. You have to go before the planning department on the 26th of May. Planning board on the 26th of May and back here on June 6th. June 9th. I keep saying six. June 9th.

604
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I'm having an um Thank you very much. Thank you for all hanging in. >> Thank you. >> Thank you. We have one more to go. >> The next one is 20269 Madison Aman

605
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Alam for variance and seeking approval for the construction of a new one family home which does not meet the minimum requirement for lot area. >> Yeah. And this is yeah I know we can we can this is a variant so we can decide this time

606
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and it's only it's only one one variance a pretty short That's irrelevant because it's a variance. You can wrote it. They just they did this typed it out. It's just a variance and um but we'll have to go through each of the requirements. >> So sir, please introduce yourselves and

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introduce your project. >> Uh good evening um madame chair and uh respected members of the board. Um my name is um Usman Naslam. Um I'm uh here to discuss 9 Madison Avenue. Um I've been here before this board before. Um

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previously the project was a two family. We got some feedback from the community and the board members. Um and we have um made meaningful changes. Um it's a substantially different project now. It's single family instead of two family

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like it was previously. Um and um we went back to the drawing board for this project and really tried to look at the least number of variances that we could go for. Previously there were a number um and now um put simply it's just the

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one lot size. Um and everything else is within spec. Um so um you know like uh it it's a relatively simple single family with ample parking. Uh we're adhering to all of the zoning

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regulations uh pertaining to setbacks, uh green space, um really everything we could think of other than the the lot size. Um this uh the lot requirement is 7,500 square ft. Um we only have uh

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5,436 ft. Um, this lot is uh non-conforming. Uh, but um that's really just the the one variance that I'm back here for. >> Okay, let's let's go. Do we have any

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questions or we want to just go through the variances before I open it up to the public because we should actually go through them before I open up so we can we can hear Mr. Oslam comment. So we so when there are variances even though you just have one here you have

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to you you have to answer you have to respond to each one of them. >> Sure. >> So each one of them you have to you have to give a good explanation for each of them. We have to agree unlike a special permit you have to meet all of the requirements of the variance based on

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>> okay >> so I'll read them slowly so you because I tend to read them too quickly and I apologize. The variance is sought because of soil condition, shape or topography of such land or structure and especially affecting such land or

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structure but not generally affecting the zoning area. So just you know what does that mean like the lot size is the lot size is the lot size is pretty much the answer to this one. >> No, sorry.

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>> I'm sorry. I meant to I have to interrupt. Um since this is uh since the previous development was denied by the board, he you need to make a uh a finding that this is sufficiently

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different. The conditions have changed and and that this is sufficiently different from the previous one in order for him to come back within two years. >> Okay. So the last one for were two family. This one's for a single family. I would think in my opinion that's significantly different. Do we think that's significantly different?

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>> We have to put put So we have to Arthur. >> Yes. >> You go. >> Yes. >> Joe. >> Yes. >> Yes. >> Yeah. But I mean it's it's it's significant. It's smaller and it's the same. I mean when you go so then we'll

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continue to hear it. So we've done that. So the variance is up because of soil conditions, >> right? >> The lot. >> Yes. >> You got to say it. I know. >> The the lot size. Yes. >> Yeah. It's there's not a whole lot you can do about the lot size, >> right? Literal enforcement of the provisions

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would involve a substantial hardship financial or otherwise. >> So the literal enforcement would effectively deny any any build um any single family >> any use at all. >> Any use at all and that would be significant hardship

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you vote on I before I say that I'm so I apologize. Number one, his first comment. Do we agree? Yes. That his first dick the lot size is lot size. >> He he had we have to respond to each one that we agree that he answered it appropriately. So the first one, the bearings are off because of soil

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conditions. >> Yes. >> Yes. >> Yes. >> Yes. >> Yes. Okay. Sorry. Now, literal enforcement. Go ahead. You wouldn't be able to build anything. >> You wouldn't be able to build anything. It would be an empty parcel. It would stay unactivated. It doesn't add any value for the city or myself.

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Yes. Yes. >> Yes. >> Yes. Yes. >> Desirable relief may be granted without substantial detriment to the public good. >> So, as I mentioned, um we're adhering to all of the zoning requirements except for the one um that I'm asking for a

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variance for. Um we've thoughtfully designed the house um to fit the character of the neighborhood. Um it's a smaller um you know, single family structure. Uh we are completely open to um using materials that reflect uh the

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character of the neighborhood um and any other and we'll work with the building department to make sure. >> So it's not going to hurt anything. >> I'm sorry. >> I mean it's actually it's a positive. >> Oh yeah, a positive. There's no there's no detriment to the to the public. >> Arthur.

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>> Yes. >> Yes. >> Yes. >> Yes. >> Yes. relief may be granted without nullifying or substantially dergating from the intent or purpose of this chapter. >> So the R1 zoning is meant for single family

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residential homes and I think this in spirit of the the zoning laws adheres to that um 100%. >> Yes. Yes. >> Yes. >> Yes. Yes. So that being said, I'm going to open this to the public. Is there

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anyone here who wishes to speak on this matter? >> Please introduce your name and your name and your >> address. I'm Melody Tourish and I live at 16 Englewood Avenue um which is very close to this prospective house. Um so I

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just wanted to make sure the previous time the large maple tree will be protected as it was the first plan in the first Are you going to protect our maple tree? >> We're going to make every effort to protect our maple tree. I love that tree. It's a beautiful tree. It's set

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further in the back of the lot. Um I cannot speak to how the um the excavator is going to come, you know, dig the seller hole and then we have 10 ft of setback on each side to get a Bobcat back there and then do the grading after

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the fact. But um and I'm just being honest. But with that being said, I think um we can make every effort to save that tree. I don't think the tree is in any any danger. Um and we have no intention of getting rid of the tree. Um our proposed structure um if I may point

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to where the tree might be. >> You take the mic. Will you take the microphone? >> Sorry. I believe the tree is in in this area right here. Um, so I don't see why that would be an issue at all. >> Yep.

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>> Okay. >> Thank you. Anybody else wish to speak? >> Um, Raymond Bell, 21 Madison A. Um, I do have a few questions. I just found out about this by mail last Monday. I did speak to John, so I'm not an expert at

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reading these. Um, the curb break, John, I remember is 19 ft. >> Is that an average curve break? >> More concerned with parking. That's >> I I'd ask the applicant. >> No.

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>> Yes. It about I think I believe 18 ft is the minimum you require for for two cars side by side. So, it's going to be about that or maybe a little bit bigger than that. Previously we had proposed the driveway on the right side but then we discovered there's a utility pole over

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there. So for that we have reversed or or mirrored the the >> on the left side of the building. >> Correct. >> For two cars off street. >> Two cars. >> Is there a driveway before the garage? >> Correct. So there will be a driveway before the garage. Um and then twocar

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covered parking spots within. And because you know it's single family it's fewer bedrooms. So, um, no additional parking relief required. >> There is a there is a there is a tree that has to be removed, though. The ones that the city's planted, there is one

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tree because to the right of that utility pole, there is a tree. >> If there's a tree where the driveway is going to go, we we would, you know, work with the city to replace the tree accordingly. >> And on the right side of your stairs,

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what is going to be on the underneath the garage? What is going to be on the right side of the garage >> to >> on the base level? >> Just the entrance to the house. >> No, but on the other side of that staircase because if it's 19 ft, I think it's 40 by 40 is the is the correct

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footprint. I'm going off memory. >> So if the garage is 22 or 24 ft wide, >> I can give you an exact. >> Yeah, I I I know it's 24 by 22, but I don't know. >> Yeah. So the garage is 22 feet wide,

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>> right? Okay. So, it's not raised. I see. I didn't get to see this, John. That's >> Yes. So, there's a step up entrance over there on the right, and that's just a window. Um, and we we put the entrance to the house in the center of the the house to, you know, put the walkway

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there and not closer to one of the abunding neighbors. >> I'll ask a six $64,000 question. The way this is would be situated on this land, he couldn't build a Lego house on that land because that's just the way the rules were. Is there enough room for

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potential ADU down the road or does that have if it's on the property? Is there enough? It can't be on the sides obviously because it's only 10 ft. >> Correct. He would have to if he's if he built an ADU in the future, a separate structure or an addition. He would still

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have to meet 5 foot setbacks. >> Right. Okay. So, you don't have to reveal it, but is your intention to live there or >> I have every intention to sell the house at market price?

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>> Um, when it was two units, um, one of my partners was intending on occupying for his mother, but I believe it might not be financially feasible for them to own a house this size that's single family. U, so most likely it will be sold at market price.

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>> Okay. All right. I have no other questions. Thank you. >> Thank you. >> Um, so is there anybody else who wish to speak on this? There being none, I'm closing the public participation portion of this. We can in fact vote on this today. John, what is the thought

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recommendation of the planning department? >> Recommendation of the planning department is to approve the uh single family and n man. >> Do you have any proposed conditions? >> We have two. One is the standard conditions as applicable and the other one is permeable pavers on the driveway

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and the walkway. What about um if he's going to remove that tree? Do they should should that be something that's worked on with the planning department? >> Uh I would make every effort to preserve the maple tree and if you >> No, I'm talking about the tree in the >> next. Yeah. If you need to replace the

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street tree, um you'll have to provide a replacement for it. >> Yep. Understood. >> Okay. So that's So we have that condition that if we're place if if this if they have to remove the tree, replace it. >> Do we have a motion? >> Can I just have one question? Is going to be any uh fans separating

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your property to hers? Any fans? How that going to work out? >> There there's already a fence in the rear. >> I'm I'm saying to the side. >> Uh we can we can put a fence up to the side. Um when we acquired the property,

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u this lot was actually owned in common with three other lots on that corner. And uh the the neighbors with the yellow house, which is the butters on the right, they weren't exactly sure where the property line was. When we had the property surveyed and staked, um to

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their surprise, the line was a little bit further um to the right than they had anticipated. And you know, in spirit of that, we decided not to put a fence up. We could have but um >> it's just my question is it won't be affecting

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any of the properties >> if if it's not fans in case it remains open like you know open >> yeah it can remain open I don't see an an issue why that would be a problem. Yeah. >> I mean because if you're going to sell

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the house I'm thinking the other people might want privacy not to have it open as as it is. That's all my no concern. >> They can put a fence on their own property anytime they want. >> I mean, I don't I mean, we can't stop, you know. >> No, no. >> Yeah. We don't want to unless you're

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thinking we should mandate a fence. >> No, no, no. But if it that's up to the other people going to buy it, that's fine. >> No pun intended, but I'm on the fence about the fence like, you know, like like like we can put the fence in. That's not a problem at all. >> Just leave it just leave it as it is. It works for me.

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>> Okay. Now, since since you asked a question, I'm going to reopen the public participation portion. Based on that conversation, is there any other additional questions that need to be asked? There being none, I'm closing the Did you have a question? >> Then before I close it, ask the question. >> No, I just recalling because you were up

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here when there was a two family, right? And there was always issues about the drainage, right? Is that what the issue? >> Yeah. All right. But it was the same it was the same law, right? When it was two families. All right. But so all right, that's it. Just was curious. >> I'm going to close the public

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participation portion. Do we have an interest in voting on this? >> I make a motion to accept um >> variance. >> Yeah. The the variance for natison a 2026-06

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>> with standard conditions is applicable permeable pavers and work with planning department if the tree needs to be removed. >> Yes. >> Do we have a second? >> Second. All in favor? >> I. >> Thank you. >> Thank you. Nice. Uh and just to confirm,

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work with the planning department or the building building department. >> Okay. Understood. >> Okay. Thank you. >> Okay. Um I also one other thing we we need to take care of business. I would like to have a motion to wave the reading of the minutes of the last meeting since we haven't had an

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opportunity I think to to talk about them or discuss them. So can we defer that to the next meeting? >> I make the motion. >> Do I have a second? Thank you so much. >> Second you. All in favor? >> I >> do I have a motion to adjurnn? >> Motion to adjurnn. >> Second.

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>> All in favor? We'll try to be