e e e e e e e e e e
e e e e e e go good evening this is the zoning board of appeals I am Janice Tara I am joined by
Joan Cromwell Yugo Pomo Joseph Mahoney and Marilyn Vega torus Torres as well as John de priest will ceto and Hector vales the first um the first case in front of us today is 73 Library oh if anybody needs translation there's a
somebody in the back um 73 Library Street David Bennett um public for special permit and variance seeking approval to create a curb cut and off street parking which does not meet the re my requirements for not parking in a vehicle within 5 ft from a 5 yard
property line in the required front yard setback nor in within 5 ft of any all containing ground floor or basement windows John this already went to the planning board what did they have to say uh the planning board you were
presented with two uh site plans one with parking one without uh the planning board recommended approval uh with conditions and they recommended approval without the parking okay thank you um the why don't before I open it up to the public why don't you
give us a quick recap again of what it is that you are proposing sure thank you uh Madam chair and through to the members for the record my name is Richard Lind I'm an attorney with a business address of 245 suer Street in East Boston on behalf of the petitioner with me is David Bennett who is the
property owner at 73 Library Street uh Madam chair I I apologize this is the first time you're actually seeing us on this proposal uh because I believe our first meeting I I was unavailable so we Contin to tonight yeah and you went to the play this is one of those we did in
Reverse hopefully think to myself you look I I don't think we heard this but sometime you never know so um yes so good then start from the beginning and assum we know nothing will and I have a nice little slideshow here for the members so that we can talk a little bit about what the proposal involves so if we can just jump to the next slide I
don't know who's control yes so this an existing lot uh roughly around 2900 square fet at 73 Library Street our proposal involves the construction of a new two family dwelling as you saw on the petition um we do have compliance with use rear inside setbacks slck
coverage and height uh however we do require relief under the code for the minimum lot size as well as the uh minimal uh additional lot area for additional dwelling units um our project is intended as a rental apartment project for two units uh the
neighborhood context as you'll see in the photos includes mostly multi-unit dwellings uh definitely higher density less lot size and lot coverage and uh no parking is pretty typical on this side of uh or this section of Library Street uh as John had indicated we were
approved by the planning board uh with respect to the requir recommended by the plan sorry recommended I apologize recommended by the planning board with respect to the parking requirements uh that we are required to have four spaces we are we were proposing alternative either no parking or two parking spaces
and I'll talk a little bit about that when we get to the site plan uh next slide please can can I just one quick question four bed two units so you mean that there are each unit has four bedrooms or or each unit has two bedrooms four four bed four bed two units yeah these are by Lev
units you'll see on the floor plan in a moment so just a quick aerial overview you can see our site I probably shouldn't have used red as the circle since that's the color of how they delineated the Lots but you can see the uh there we go right there um next slide would probably show a little bit more of
a readable version of here we go um so as you can see see the adjoining Lots uh other than 77 located directly to our left screen right um the lots that are to our right are all Triple Decker style buildings and you'll see that in the street view in a moment uh actually
smaller Lots than what what we have for our lot size next slide please uh so a street view here showing the uh existing conditions this is used uh for off street parking it's not associated with any adjoining lot so it's not uh intended to accommodate any
required parking from joining Properties or other properties in the immediate vicinity you do see that we do have a curb cut uh and this was a conversation with the planning board as to what would happen if we intended to introduce parking on the site or if we didn't have any parking so as you can see uh that
curb cut would be completely filled in uh because we are we're proposing no parking on the site uh so that would return uh some availability of on street parking to the street uh that doesn't presently exist uh next slide please so
this is just an example of the uh structures that we do see uh immediately adjacent to our site uh to the right of our property uh as you can see these are all uh pretty much the same Triple Decker style buildings uh I believe the uh use and occupancy of these buildings
are three three units each none of these have parking and as I said earlier these are smaller lot sizes and certainly denser uh Arrangements of housing next slide please so our existing conditions plan uh next slide's probably more here we go so our
proposed site plan as you can see here we do as I mentioned earlier we do meet the requirements for the uh the rear setback side setback lock coverage uh if we did propose parking in the rear we would be able to access that from the right side of the property uh we do have
just over 10 feet uh however that would create some issues with respect to the proximity of the parking to the existing structure or the proposed structure uh as as well as uh reducing the amount of usable open space uh based upon the planning board's recommendation uh the
availability of having open space or landscape space on the site uh was more preferable uh and therefore I think they opted to recommend this for no parking um we do have a setback in the front to the building of 10 ft which is which
would be compliant however the front stairs do uh go into the uh front yard setback and therefore a VAR variance is requested uh and I'll get into that when I talk about the standards for variance but I do believe we have the ability to uh work with the planning department
with respect to a uh lack of a better term a modal setback for the front portion of the property uh to allow that building to potentially slide forward uh and to be within the front yard setback provided that it's done in conjunction with uh the planning the planning
department uh next slide please so just a table summary of our uh relief that's required as a said the lot area minimum as well as the additional lot area for dwelling units the front yard setback at 7 fet and then the off street parking uh
which we've addressed with the planning board next slide please uh just showing our basement floor plans so we do uh uh organize the building as by Lev units so each unit has two levels uh this would be part of the first unit uh we do have
the appropriate uh size window wells to comply with the state building code require for um egress on the bedrooms if you go to the next slide this would be the main level for first floor um and again that's a pertinent to the lower level at the
basement next slide please so our second floor plan shows the um uh upper level the lower level of the upper unit and if we go to the next slide we show our third level now right now this uh building is shown with a um
pitched roof we are not showing this as a flat roof building even though the buildings on that side of Library Street are all Triple Decker style three-story uh the planning board did have some comments about the design of our building and asked if we would consider that we do have some renderings to show
both options whether it was uh the pitch roof or the flat roof uh I believe either one could work because they would be within the height limit uh and we don't exceed any uh specific um floor area uh requirements next slide please
so this is just the front elevation I do apologize these are somewhat basic line drawings for the elevations and the uh the renderings may show a little bit more detail but just to give the board an idea of what we're looking at for a uh preliminary design and we're certainly willing to work with planning
on some design review elements uh if this board is um able to Grant the relief that we're requesting next slide please just our right side elevation next slide sorry window think we have we have two I
think there's two right yeah that's a Stairway oh is it stairway second floor on that side other side has many more windows could you speak to the microphone and identify yourself please oh sorry David Bennett the property owner that's the uh right side of that's the left side looking at the property the right side the left side will show
more windows where the kitchen would be and bathroom thank you next slide please uh it's that reare elevation so we do incorporate good number of Windows on the back next slide and the left side elevation with the additional windows um next slide please so this is just the
initial takeoff of the rendering this would be with the uh pitched roof uh showing how the building would appear uh next slide showing our rear elevation next slide and this is we did actually add in or had the architect
just to add in the design with the uh flat roof and the Triple Decker style even though this is two two units next slide this a front elevation next slide side next slide and the other side
elevation I don't think we had yep so these are just some uh additional information of the board at questions we do have our foundation plan I believe we also have a section plan uh showing the Florida sailing Heights for each level next slide um so that's the overview of the
um proposal happy to address any questions or comments from the board any question from the board you go so there's no parking no parking no driveway um through the chair yes so the
The Proposal originally um proposed no parking um we did have an alternative plan to incorporate two parking spaces we still would require the special permit from the planning board because four four space would be required I don't believe four spaces could be uh
accommodated on this site without man maneuverability issues or you know making spaces tandem uh and we we would be giving up a good amount of Open Space Landscape space on the site so the remainder of the space that will be around the building uh will be landscaped green uh uh perious material
we're not proposed asphalt or concrete or Hardscape it which it's going to be uh uh certainly a change from what's existing presently on the site any other questions before I open up to the public I wanted to ask on the um the lower
level unit the the first floor unit on the the basement you have two bedrooms there and then you have like the U you'll have space for like the heating equipment and the utilities I thought I saw something on the floor planned for that for the entire for the entire
building yes yeah to be utility yeah so that that'll take some square footage off of the first floor unit correct okay and then the upper level unit if we have a pitched roof will that take square footage away from the top floor or will
it stay the same if it's either it's pitched or or or flat yeah so if if it is if I made through the chair if it is pitched if it's pitched um you do have typically knee walls that we've brought in so the entire space is not usable okay uh you may have some storage and
Eaves in the pitch roof or uh if you went with the flat roof you'd be able to take Advantage wall toall essentially for the footprint of that entire floor okay so I think we're comfortable either way it was more of a recommendation during the planning board Pro process
to try to align the design of the building with what what existed on that side of Library Street and that's why we had come up with the alternative so we're we're happy to listen to the recommendation of planning on that and we're if the board has a preference we're we're happy to do either either or
okay and there four bedroom two baths two bath yes there'll be uh two baths on each floor yes there'll be a bath in the basement and the first floor then same thing two bedrooms on the top floor with a bath then to be a bath bedrooms and the kitchen on the first floor and if I
may just add um the other if I remember correctly correct me if I'm wrong John the comments from the planning board had to do with these are family siiz units um the open space in the back would be available for outdoor space for the building as opposed to it being probably
paved over with parking that could create somewhat of an unsafe condition so they they felt that uh open space was more optimal for this for this layout any other questions G given the density of the area don't you think four
bedrooms is a lot each in each unit I mean that's where you know you can't you can't make an how many parking spaces John would be required for four units uh p a button uh two units two spaces per unit
it there's nothing in the R2 one two and three families require two spaces per unit okay so there should be four spaces no yeah four spaces totally four spaces but then and it's not changed by the number of bedrooms no it just seems that that's a lot
because it's one thing you know you don't guarantee oh please you can only have people under 16 living in these bedrooms so it's given the parking yeah if I may the um I think the context and the character of that street is that most of those homes most of those triple
Deckers I I would assume are two bedroom at least so you're looking at six bedrooms per building no parking um so but they've been there a lot longer than what you're no no no doubt I just I I guess from from a character standpoint of the of the neighborhood um you know
that this is probably the the challenge with most municipalities right we can't if we're going to build housing how do we do it you know and address I know that the forever concern about parking but I think that the shift at least in urban planning has gone towards favoring
housing as opposed to favoring parking because parking does create we're not Cambridge oh I know or Boston um but I guess you know it's it's for me it's always the variances and it's it's asking you're asking for you know it's we have so much more flexibility as
you're well aware when we're talking about special permits we're talking about variances I just feel like we can be a little bit more exact acting if it comes to that and what we're asking for and you're asking for a lot of relief or a lot I think a large building for a
variance that and I think you know obviously we'll have you'll have an opportunity to speak to each of the four ver variance requirements it's just it's hard on a lot this size to um to look at and say okay here's eight bedroom I mean you know maybe it's a different conversation if it's four bedrooms maybe
I I don't know I'm just saying you know you don't it just you're asking for a l lot and we have to figure out how it's going to work for a variance that's so that's all that's all I don't you know I I I completely understand in my opinion that you're trying to make it look like the building it's not like the area is a bunch of one build bedroom homes that
you're turning are one story homes and you want to build us in the middle of it it's not in consistent with the character on the other hand those things have been there a lot longer and the variance requirements are in place for a reason so that I some just sort of in my mind I haven't quite figured that out
yet so before we get to that though I want to see is it doesn't look like it but is there anyone here who wishes to speak to that this matter there being none and because this is already gone to the public um to the planning board I'm going to close the public participation portion of the hearing before I open it up to your your
going through the variance comments John what's the planning Department's thoughts uh planning department uh agrees with your as chair saying that this is this is asking for a lot for a size that is about onethird of of what's required for um a
two family in that lot in that area um and in addition uh we're recommending that you do if you're going to approve it you approve it with the parking uh that street is very tight for parking um any provision for all street parking
would be helpful uh as the chairman said that there's no guarantee that these are although these are meant to be family and we're encouraging family housing they're not always going to be occupied by family equ be occupied by adults who all have cars and vehicles so I think
the provision for parking should be required act thank you for I was going to ask that because I think it seemed to me given also the character of the neighborhood quite frankly in my opinion you're better to have parking than a minimal backyard because it's it's not that too far from that great little park
down in the used to be the mattress whatever they call that area now um so um that's I I agree with you on that one do you does does the client have a preference for how he'd approach it I I think we'll defer to planning into the
board I I think that either works um and again I think the reason we approached this the way we did was that we we certainly wanted to hear from planning board as well as this board as to what the preference or the policy is from the city um two parking spaces works on the
site um if you're in favor of more open space and more permeable space I mean we could do permeable pavers as well but if that's the preference then parking would be a challenge if it's not the preference then so John and also um if if we say it's a good idea to have the
parking does that create additional um um inconsistencies with the zoning do we create a more variances or additional special permits well it creates the variance of not meeting the open space uh and the uh special permit relief for
parking within 5T of a rail out line of a building but the board has granted yeah um uh special I was less concerned about the open space one since they're already if it comes to that we're already looking to that whether so it does create that additional rears yard SI um okay is I'm sorry if I may just
add one item on that um I think that with respect to the municipal code concerning front setback um there is if I'm not mistaken some flexibility for this building to move closer to the front lot line which would allow for
more room in the rear we would be able to uh ensure that we wouldn't have any parking within 5ot of a building and I think the buffer uh from the rear setback could also uh be improved so I think we could avoid that if there's U the desire to have the building move
forward I just don't know how that that would then translate you know one of the things you don't want you don't want it protruding if you're going to create at least you want there to be consistency on the front the provision in the zoning is that um the zoning enforcement officer uh uh could approve it as the
average setback of the two adjacent buildings and I believe the two adjacent buildings are at back a sidewalk anyway okay so um so the the department would not be opposed so before we start talking about the variances issues do you what do you guys if if what what are your
thoughts your thoughts about the parking your thoughts about the size of the units proposed I mean I think for me those are the two big questions do we want the park do we we do we want um and I'm going to be bias and saying this do we want NE negligible addition open open space or do we want at least parking on
the street adding two speed two car parking spits and do we think that it would be more reasonable do we think that four is logical or three or two or whatever I mean what is there are there thoughts before we go through the variance
requirements push that one yeah I agree with um um um our chairwoman that four bedrooms is a lot and it it seems like a pretty dense space so the basement and the first
floor are one unit consists and then the third and the fourth are the other unit second the second right um with that said um I think um parking seems to be more of priority with four um bedrooms
on in each unit as opposed to open open space and I I agree with you that there's lots of Parks and Recreation things all around that area so I think that it makes sense um for parking to be incorporated as opposed to open space
and um I was going to say something else oh how many bathrooms are there two per unit two per unit and are these rentals or yes
yeah so that's what inter nutshell I agree with parking as opposed to um limited open space thank you any any other thoughts who I I mean I agree I I mean I'm surprised that it's four bedrooms because we don't normally don't see
developers come in or landlords come in you know with proposals for four bedroom units usually it's the max is a three bed so it's it's nice to see see that because there is a need for it um but it is a dense area as well so I do agree
that you know parking is a necessity um I did have a question regarding um street parking if we're going to allow two parking spaces will they get um permission to park on the street or will that be sorry will that not be allowed
they won't they will not be allowed to get access to permit to um the passes correct okay because you won't won't be able to meet the minimum number okay even if you do are able to pull it forward and get your five foot setbacks you still won't be able to meet the
minimum number so for correct Joe I like I think if it comes to design design I think we should leave it to the board because I it it seems that the flat roof is more consistent with the area I just yeah but I don't that's not
my thing so I don't Hugo I understand something have to have build in the lot instead of have it empty um I think for the size my opinion is
um two apartment is too much for that size of a property land even though if I have parking or not I think two apartments uh for me is is is the apartments or the or the number of bedrooms no for me it's the apartment I
mean I understand if single house you know I understand maybe uh that will change a lot but it's I see that as economic point of of the owner they wants to go for two rental uh Apartments um so two for me two is too
much so if we say for two apartments that were two bedrooms that it would still that would not be you would not be comfortable not for me so we we still have to all right so you've heard the thoughts here of the of the of us um and my so just so you know so I since I haven't shared my I
obviously think parking would be more sensible rather than open space and um I would probably prefer you to have three bedrooms as opposed to four bedrooms through the chair I mean to the chair um a three plus is that okay so if one were designated office let's say or a non
bedroom which I know there's certain requirements for bedroom between size closets Windows Etc is that something that I I guess we're just trying to understand the layout for um square footage because the footprint is not likely to change so how do we organize
the the unit and if it comes to that then we may as well just say four bedrooms because let's face it somebody's just going to use that that room and use it as a bedroom I mean it's not it's you know not necessarily yeah yeah yeah yeah and it is the city's
policy to promote a family housing right right so I don't I don't yeah it's yeah okay so why don't we go through the variance requirements here but I think you you all right so let's go through each one sure the variance so you need so let's be clear you need four variances for minimum lot size minimum
lot size per unit minimum front yard setback minimum usable open space family and I think think what we're also I would like to put in as a just in case while we're determining what um where parking should be is the rear yard setback in case for some say we decided
we go through this and we agreed that you want we have the space we want the two parking spaces I don't want you to have to come in front of us because when you figure it out it's four and a half feet CL as opposed to five feet away right so I I believe if I may u just I want the record to be clear I think the relief that we do require for the public
notice starts with minimum lot size M additional lot area for dwelling unit front yard setback par minimum parking requirement I don't believe we need relief at this time for usable open space that's not
with the parking you would but that's a notice I'm sorry go ahead we would need new new notice for that because we're not noticed for usable open space no because I don't right it wasn't because we did the cine that we received was did not have the park
right I just I I don't know the board can so so if I can say this with the parking and I I think we're close John I'd like to do the open space calculation especially if we move the building forward I think we can get to the open space requirement because I know right now I think we're at 1,400
maybe roughly I I forget what the exact I have it up I think I have guess my only question is you know but suppose you can't and and if there is no impediment to potentially approving that now would make sense to but but there your concerned that since it wasn't legally noticed it would no no yeah so I'd be a little concerned about trying
to get the um open space approved I I don't want to make more work for the city but if we were to I don't want to predict what the board will do okay well then you have something you're at risk then if you put it together and you don't have open space you have to come back and front us again exactly but I could resolve that
by moving it Forward putting the parking in and then getting my calculation okay perfect okay so let's go through the variances the variances thought because of soil conditions shape or Topography of such Lander structure and especially affecting such Lander structure but not affecting generally the zoning District
in which it is located so I I I had my whole speech here because I so said ow ow and a circums is really in the soil condition shape and topography of such land or structures especially affecting such land or structures but not affecting generally the zoning District in which it's located a literal enforcement of the provisions of the
ordinance or bylaw would involve substantial hardship oh you going to do we want it we take one yeah and I'm going to then I have the whole I'm sorry I just want lot so I said we respect the 73 Library Street uh so this lot was likely created uh well prior to your enactment of your zoning code and therefore has been a pre-existing lot
for some time um with that said I mean this this this site is allowed to have up to two units of uh residential dwelling on it so that is an allowed use um and therefore uh the shape and therefore the size of the lot would not allow for any type of
residential development whether it was a single or two family uh in this particular uh district and that would be under the current bylaw um because it would be below the minimum lot size requirements uh at least from a threshold standpoint of uh being at 291 Square F feet um so with if there was a
little enforcement of the minimum lot size Provisions the substantial hardship would be that applicant could never comply we let's go through one first sorry you got to do one at a time okay so the applicant could never comply because one the applicant doesn't own any other surrounding Parcels could not
take an add to its parcel and therefore uh the creation of this lot when it was subdivided originally uh which I'm going to say was before your zoning code um that's going to be a hardship because the enactment of your zoning code set the minimum lot size you insist on going to the second one we're not at
substantial Arts St we're at we're at the first one yeah shape of a lot the shape of a lot right the shape of the lot is a is not you can't do anything what you're saying is you can't do anything at all here your your zoning code you could create a narrow Corridor in the middle of the your zoning code limits
the shape of shape and size go ahead yeah yeah I mean I I I I say yes on that I mean there's not a whole lot yes sorry if I went out of order on that Joan yes okay next now the literal enforcement of the prisons of this chapter would
involve a substantial hardship Financial or otherwise to the petitioner or applicant and therefore the substantial hardship is that the owner of this land could never comp comply with a minimum lot size requirement again based upon the fact that that lot was subdivided prior to the enacting your zoning code subsequent enactment of the zoning code
set them lot size at a number that is higher than the actual lot size but not subsequent to the time when he bought it I'm sorry but not subsequent to the time he bought it not I mean not but there's been there's been no subdivision being yeah there's no subdivision a lot so it's it is what it is based upon your
zoning into effect but he bought I mean he bought it with that side me so yeah understood but not a self-imposed hardship because the lot was a lot if he subdivided it I would say that would be a self it it would be a substantial because he can't do anything with it other than keep it as a parking lot
correct not the highest and best use of the land yeah I agree I mean not that I agree with that you said but I agree that yes he he me that one desirable relief may be granted without substantial detriment to the public good it it may this is a residential neighborhood and I believe that the
ability to meet uh most other setback regulations for this particular uh more so than the surrounding context uh the construction of this building would not uh be a detriment to the surrounding neighborhood the fact that the board would like to include parking I think addresses the concerns that were
raised and I think the only public comment that we've received in the file was relative to parking so therefore that would be addressed as well um a residential use in a residential neighborhood I think by definition is not a substantial detriment to the surrounding context surrounding neighborhood youa
okay me too yes desireable B rela may be granted without nullifying or substantially derogating from the intent or purpose of this chapter yes so once again uh with respect to the minimum lot size it is what it is we can't we can't change that uh the lot size itself is
larger than the surrounding uh neighborhood contacts those are pre-existing conditions I think the uh code does recognize that uh two family use is a permitted use in the district provided you can meet all the other setbacks um uh that that we've presented here today
as well as the parking uh and I think with respect specifically to the front yard setback uh which is a variant item uh we've discussed that there is an exception in your zoning code that allows us to move the building forward and I think that again that's the minimal relief that would be necessary is for the lot size and the parking as
stated ladies and gentlemen okay so you meet the variance requirements so let's talk okay I think we have to just come up with jump John do you have any potential conditions that you would impose on this other than I think what you've heard from the board
is that that we would like the um approach that considers parking with it in the back okay so um standard conditions as applicable uh submit a landscaping plan submit a drainage plan uh use of
permeable pavers or pavement um you'll have to address the concerns of the Fire Department of Public Works uh no rental subas less than 12 months um a solid P fence along the side Lot line so you don't have the cars shining on their Butters or sub leases can we say or Su leases less than 12 months no rental or
Suba oh you said Suba too okay yeah um and design review and then I would add uh since you're moving it up front you'd have to provide us my department with the plan so that we can see it and make sure that it fits according to the the zoning regulation that's the average
setback John right is it the average setback of the yeah the yeah that we can have the engineer do that um and that's that's what we recommend in the par in the parking the back yeah recomend yeah Ed with parking with parking in the back yeah at least two
spaces at least yeah to the extens can um do we have a motion all right I make a motion to um approve case number 2024 223 73 Library Street David Bennett um for special Department of
variance seeking approval and with the proposed conditions as articulated as articulated by John do we have a second second by Joe all in favor no no okay I think get I knew coming all in favor I all
against no okay so you have four and one so thank you very much and Council if you have the U justification for the variances I give you please send me a copy so I can write it into yes I have call email too okay he the the next case
in front of us is thank you very much thank you for your time good luck do a good job thank you 2024 2457 Palmer Street and 2425 is 75 Palmer Street are don't see they're not here so if they're not here then we're
going to just move it to next month okay okay do I have a motion to move this to next month both of these cases Second Joe all in favor okay it's moved okay the next case we know is um 202 2426
no what do what yeah 20 yeah 20 24 26 sorry 105 to 115 Park Street we know that he has been oh is he here oh is he here oh they're here okay they are here okay we were going to move you the next
month we going to let you go to the planning board and move you next month we don't want you get in an accident picking up your kid um 20 2426 105 to 115 Park Street 12 S6 Street 1 Ellsworth Street 115 Park Street LLC for special permit and variant seeking approval to
demolish two structures and for the construction of a 120 residential dwelling unit structure with seven first floor retail units which does not meet the minimum requirements for year rear yard setback side yard setback and off
street parking this is um this is the first time we're hearing it so you'll go before the planning board on the 25th and you're back here on the March 11th yes okay so please introduce yourself and also your proposal yes good evening Madam chairwoman members of the board
Anthony Rossy on behalf of the petitioner to my left is David Choy who's the architect of record and in the audience I have Hector Pito who's the developer on this project uh who's who this board is familiar with he's he's developed many projects in um Chelsea end ever and has some pending app prior
applications approvals that he's um already uh redeveloping on Broadway in relation to this project there's I believe John can we go to the dimensional reg relief I believe it's just um yes so there's a ray yard setback and
a side yard setback in relation to violation so if I could I'm going to take this mic with me so I can go to the screen and if we could go to the site plan John showing David what page yes this is fine so on the ground level it's 10 feet which
meets the side yard but uh Mike mcer because there's some bump outs on the other floors is like a foot he we called it a violation just for belt and suspenders we asked for relief it does me the 10 foot set back at ground level but at the other elevations to create some type of architectural detail we
created some bump outs there that was one violation and the second violation is on the r yard which is 20 ft which it does have it over here but a small little portion here it's 12T and that creates a ril yard we do not own this possible this isn't a butter so we're limited over here we would have to cve
out all the space here it it would be awkward just for a design element because the retail spaces will sort of be cut up there and when we worked with the city on this we were trying to make a nice retail component on this while we're on the screen i' like to show you
so this's 25 parking spaces at different elevations of ground and so it's two floor parking levels enclosed one almost sort of like below grade and and you're entering from Essex Street 25 underneath then you're coming
from Ellsworth Street and there's another 25 going up above so there's 50 parking spaces total so it looks confusing but I it's is a different elevation grade are they assigned spaces or are they
just r no they're they're legal parking spaces they're 9 by8 parking Lane it's just is first come first serve though oh they're going to be no they're going to be they're going to be you know per unit and the way it's set up and maybe I'll give you a unit mix so give you a better
understanding so as there's 120 units here um out of the 120 units we have 15 two bedrooms 10 three bedrooms and then the rest 95 one bedrooms so more likelihood or not this is borderline Broadway Corridor most likely or not the
the ones that will need one if not more spaces will be the two and three bedroom units of which there's a total of 25 of those then you have 95 one bedroom units and the average one-bedroom units is to give you an idea it's about 450 sare F feet and the average two-bedroom unit is
600 square F feet and the three-bedroom is 1,000 square F feet so the city wanted to see a little of a mixture of twos and threes and but the bedrooms will allow it to be developed because we don't have enough parking if we did a lot of twos and three bedroom units and
you find and that from our Hector's projects and other projects I've developed that the one bedrooms are usually the ones that don't have parking and don't have the need but the twos and threes you're almost guaranteed to have at least one parking space need there so
that's so we expect probably 30% of those pocket spaces will go to twos and threes and the remainder will be leased out to the one bedrooms and there' be a parking fee associated with it um I bring that up because if I'm not correct John because it's parking relief there would be no residential stickers
eligible on it which is another reason why my client wanted predominantly more one better units because if they're not going to be residential stickers more likely or not the ones that are not going to have parking or vehicles are going to be the one-bedroom units so that's how the parking Rao came
about um in relation to retail before um um what what affordable units there'll be 18 affordable units so it's pretty large number of inclusionary units on this project um which is another V so you're looking at almost you it's 15%
but it's a good portion and that'll be a mixture by you know by Statute so you're going to have some two bom units three bom units and one bom units that going to have inclusionary housing to the city um and a strong retail component now this is going to be an expensive structure to build because you're going
to build sort of Podium and steel um this is going to be a probably type three construction type of building so one of the things is is that we needed um we did enclosed parking so you don't see it and then you're going to have residential units above but now you have
seven retail stores my client felt that he thinks it'd be difficult to get you know two or three Lodge tenants to take the spots but smaller spaces and they're not tiny they're decent size but, 1500 ft
you know 17700 s ft but but at least it gives Frontage and and off offers you know Broadway Corridor of to to go align what's on Broadway now you know for that type of use it's good for the building it's actually good for the neighborhood and that's one of the reasons why we did
multiple type of bays in there um and if we could go and then in the back you can see there's open space there playground and G level and also on the roof there's going to be open space on the roof for uh
decks it's total of um five St right David it's six it's five over one five over one yeah so one Podium five stories it's actually less than 80t which is the height limit we were not going yeah we're not going we're not exceeding any
dimensional regulation height setback other than the two that I mentioned regarding the bump out on the side that one foot on the upper level the record I asked what the height was I wasn't on I was muted myself yeah so it's we're below the height requirement in there but um but the parking is one sort of
level below and one above with a different entrances which is good because you don't have 50 cars sort of going out of the same area one's coming from the rear one's coming from the side um but they're all going on Pearl Street yes right one's going yeah one goes in
Ellsworth and the other one goes that be a separate discussion after you finish a presentation questions about um and we do have 20 12,00 an open space requirement scy we have it on the roof also and we have open space on it so we meet all the requirements outside of
those two um dimensional RS incl including parking of course on that which is a special permit but the variance is uh the those two setbacks one of them may not be I'm not sure but belt and suspenders we just added that in for that little bump out um we
certainly could have complied with the other one which would have been the 12 ft but it would sort of kill the retail spots on that corner it doesn't make sense for 8 ft you know on it yeah it would create introduce yourself please use the mic David Troy
architect um yeah so if you were to it's an oddly shape site and if you were to abide by the intent of the 20ft rear setback you would actually carve this out to a point where it's too much of a triangle to be
a useful space and I think that it doesn't uh the intent does not equal uh the greater good for the for the architecture if you will thank you and I will note that this is a corner lot so with Corner Lots it
gets a little bit confusing because it's a corner lot but you have an butter corner on the other side of it because it goes It goes for through that was not me I'm I'm not blaming anybody we know who it was that was a good reaction um so it would have been a little bit
different if we had a little butter pel there CU it's almost a full floor through all the way on but we did not want to cut it up we met with the city we thought it made it more beneficial and a better project to keep that setback everything else we went complying on that's essentially if John
John we can we just show for the Aesthetics the exterior I was gonna say yeah let's see what it looks like so it's a pretty building as you see it was a mixture of brick we worked with the city of course this would be sub to the design review anyways but uh that's with the different you know elevations and
the brick on the front um going vertical then you have the brick going across and the glass for the retail um it's a really nice project um aesthetically pleasing and I will state that I mean I was going to talk about this to in site plan but there's going to be private
trash pickup it's going to be designated in the building um as far as snow removal there's really not much snow removal because all the parking is essentially inside the building um we just have a green area in the back because the it's two exits coming in one
on Ellsworth and one on Essex but I know these are issues that the board brings up of course there will be an elevator building and what have not in today's code and fire which is this property was burned down by fire this would be a of course a fully compliant sprinkler building on today's stretch energy code
in today's um FR regulations um and so the building is aesthetically pleasing we worked with City on this with elevations David took the time um with there and you can see sort of the decks with a screening on top and you have the elevator will go to the roof and the stair walls will go to the roof to be
compliant for ad accessibility are any Mechanicals upstairs mechan it's going to be probably all electric so you're going to have probably Mechanicals like mini split condensers right on the roof but they will be covered when I say covered they'll be screened because the whole roof will be screened as you can
see from the uh yeah sorry I'm just going to that you have a roof plan that I'm trying to find there is a roof plan y before I open to the public does the board have any questions at this
time you um going into the parking is going to be two ways or one way so there's it's it's 20 the driving lane is 20 feet 24 feet so one can go in and get out go in so
it's it's technically a two-lane driving lane in in between is really a need to have seven retails in the building it's either Seven retail or four retail but but we worked with the city and what the city wanted to see um and thought it made
sense to have that many different types of businesses so it be successful and not have something that's going to be large and empty and and couldn't feasibly make sense financially to rent so the smaller spaces are easier to rent and get occupied for uses than the
larger ones um and then you you know the larger you go you start to build bars and so forth this is not a need that the city wants to see it's more of small businesses my client is of Spanish descent and he likes to put T those Spanish people businesses in in his
buildings and offer that use that they can afford and be good with the neighborhood I think the larger spaces um they just harder to lease because they go price per square foot it's cheaper for him to do four retail spaces than it is to do seven because now he
has to do seven mechanical systems seven separate fire alarm sub panels separate meters but we worked with the city and that's something that the city wanted to see and this wasn't something that we did overnight we worked with the city get input from them to get something designed and built to what they wanted
to need again if someone wanted to take a larger space I don't think there's anything restricting them to expand to a double space unit you know but this at least doesn't limit them to rent it as one space but the John there's no restriction to expand into two three no
four units so that could open up to something larger if and if there was something larger in a use like that they would have to still go for the board for if the use wasn't allowed use and especially if it was a liquor license or bar wine so the city would have discretion control on that but you're
not going to have um on 1100 1,00 ft you're not going to have like a bar in there it's too tiny for a bar but if someone want to put a nice restaurant and that's something the city supported they would have to go through licensing anyways and they could take multiple spaces if that was the case but we don't
want to be restrictive this allows a smaller space that could grow into something larger just I see is a little hard to park if I'm going to those retails it's even harder to go across the street with those restaurants across the street from
this property it's hard to park you know sometimes you go there and those restaurants across the street from this property is it's going to no my thinking is it's going to be hard I'm picture myself going to this retail in this building right that you proposing yeah
because where that people is going to Parks if you go there I understand around the trees around because that's what I do if you want to go to the restaurants across the street from this building so as my opinion right I my fellow my fellow here um members um what
they think but for me seven will be enough if the city is proposing it's okay is the city but um I see difficulties trying to find parking to go to this even to the restaurants convenience store whatever it is going
to be there a piece of shop or you know I see it hard because that street with the bus is going in by traffic from East Boston to going through that area that's see hard for me but yeah it's only my opinion I agree with you listen if a
restaurant wants to go there they're going to occupy more than two spaces if not three and that's not restrictive and that could happen anyways but the smaller businesses that may go there would be more of a foot traffic type of
operation rather than someone it'd be more of a neighborhood type of place that people in the neighborhood walk to to get to and so forth the larger spaces like you said you're going to need more of a parket need because people are going to it'll be more of a destination to get to that's why I think they did
the smaller spaces to offer different type of uses all the way through and not restrict anybody but the restaurants would probably command them more of a need and more employees and then when you do these type of businesses for parking and so forth correct me if I'm John WR John if I'm wrong but licensing
would require based on employees parking requirements on each space so that would trigger another relief on it with the smaller spaces less employees less need and less parking requirements down the road but it could
grow it doesn't stop it doesn't stop my client at least one hold Tire space to one tenant there's no restriction there um but it doesn't stop them from doing seven so when we worked with the city they wanted to see something of this kind and it could grow to something else
and so you're saying that you could you you are proposing a maximum of seven correct smaller spaces but could potentially be one humongous could be one could be two could be three I think it's it's not so much I think it's because the area is the area so I think
it's I think they're saying they could put up to seven if they wanted to small spaces and but if there was you know I mean I I guess I mean the size of the building is the size of the building I I I I would think that the size of the building if they had the proper
retailers there it would uh eliminate a certain amount amount of the tenants moving out to go to another store so I mean if it were properly coordinated exactly because you got a lot of people there and it's a lot easier to just walk
downstairs and get what you need then get in the car and uh we all know unfortunately the city has difficulty with everybody cutting through it so I I think that would be wise Yeah by by way of example I'm doing a building that
borders Chelsea on Third Street and ever it's I think 33 units and in that building and and this doesn't even have a retail component as this one does I have almost 10,000 square feet of amenity retail space and I'm doing in the building that people like well who's
going to go there go my tenants small businesses and my tenants are going to go there my tenants are going to occupy it my tenants are going to use it when you have the small spaces you can charge cheaper rent that they can do and they're not going to fail it works for for those just for the tenants alone and
even if it breaks even in my client's eyes he he it's a better building for this for for the tenants and it's a better building for the neighborhood down the road I think that's one of the reasons why I I can't come up for the city but that's something they took time
to see what they wanted to do there is there any bike racks for the people yes yes yes we we have a bike rack station oh by the way there's the roof you can see the um the screen in the elevations and so forth is it a roof deck yes okay we have a roof deck and
it's screened above see the glass and then the condensers are all screened in from the rear so you won't see them from the front of the building okay and we do have a bike rack station you can joh take the micro microphone with
you as you can see there's a lot of open space um 10ft setback on the ground floor and we have plenty of space for that um and we could even accommodate for part basically secure part secure
bicycle parking inside a building which is very common these days um there's a very efficient system of hanging them onto a wall so you don't take up a lot of space and it's secure so those are those are thought of how the trash would we handle I'm trash TR should be private
pickup inside the building um we have see the double elevat shafts so David all of this is backup house we plan for backup house all of this as part of the retail space so that
um the retailers could actually have have efficiency of having that Backup backup house space yes it'll be it'll be incorporated the retail and the residential will basically share one area off the elevators to the right that will be built in for a trash it'll be of
course it'll be private pickup do you have any thoughts I have a lot of thoughts right now I'm like looking at the um structure of the building I mean it's beautiful but it looks enormous you know for that
area it looks huge you know and I think about okay great 50 parking spaces but what about all the other parking spaces and I understand that there's going to be more one bedrooms than two bedrooms and three bedrooms but yeah there are people that don't have cars but there
are people that do and it's a residential area you know so and there's there's um residential parking in a lot of those streets so you know it's going to get tight there's already a lot of traffic happening there you know I think about you know the school that's not too
far the problems with traffic that happened there on a daily basis um the the traffic coming in from East Boston cutting across the city the the repair work that's happening around the city the the stuff that's happening on Broadway
just the traffic backup you know and then with the seven retail shops there is there going to be street parking for these for these shops for customers to come it's bad enough all the problems that we have on Broadway with you know um customers trying to find a parking
spot to get into a retail shop um so I think about that you know and it's great that we that we may be able to like downsize the amount of commercial space there but I think about the res residents that are going to live in that building you know so if they don't have
a parking spot assigned to them inside the garage where are they going to park you know and there's going to be issues with other residents in that area um I I just feel that the building is huge 120 units for that area seems like a lot for
me you know if I me it's deceivingly when you look at it you probably don't realize there's even another pel that goes with that that you purchased so you took the whole block down but as far as a residential parking I I can attest that the more parking you provide the more chances
you're going to have vehicles I can tell you that if you have if you provide 100 Spots You're G to have 100 cars if you provide 20 Spots You're going to have 20 car the good thing about Chelsea is and ever has incorporated this but Chelsea's
actually you know they actually it works is that you can't get residential stickers and if you don't and if you have a if you don't have a residential sticker you have to put in your lease can't get a residential sticker you when you rent the tenants they know they can't get a sticker and guess what they get towed in Chelsea they get towed they
get ticketed and ever to a little bit they have the same program but they're not as quick to pick up towing or ticketing and it becomes more of a problem they get into it now but the control of that is the landlord because the risk is on the landlord in the owner
of the property because he's investing you know millions of dollars in building a building that if he can't rent because he can't get get parking one thing I can tell you is I I have properties all over the one-bedroom units probably 25% even ask if they have a car ask if there's a
place to park um and then the ones that do and we tell them the fee then you got another 50% that says I'm fine not having a car and I'll take and this is a public transportation route there's a bus route on it so I I think the neighbors aren't going to feel it
because they're not going to be able to get stickers and it's really forced strongly in Chelsea they're they're great at it John you can speak to it but they're that's enforced it's more going to be a risk on my client's part that if you can't rent the building because they
don't have you know they have cars and they can't park I would I'd be more concerned the second part of what you said is the retail yeah right for the residential pot I think that's going to that can clean itself off because he can he can control what tenants pock and
have vehicles and so forth the retail is more of the if you're going to say an unknown will be there because you don't know what people are going to do when they listen I go up Broadway in Chelsea and I see cars double parked because they're going to CVS and going what have not that's one of the reasons why the smaller businesses in the smaller
retails made sense because they're not going to be it's going to be more of a neighborhood type of businesses rather than than people destination wise to go there when you find a larger destination in a larger space is a larger need you know on it so there was there was
thought made into this to make this work and when you're do an 18 look at this way you have 18 inclusion every units now you knock on the 18 inclusion every units you have almost 50 spots for 100 units you know it's it's it's a 50%
ratio and I can tell you that if you go to the grey sty buildings the Fairfield buildings they have way more pocket than they can use in there because and and like that area Chelsea's blessed to have the silver line they have the purple line they have a commuter rail you know
this has a bus stop it takes you there it's right there it's in the Broadway Corridor I can tell you that my client um Rick carer built right across the street and he added all those apartments and there's there maybe 50 there there's no parking issues they any as retail on the ground level you're taking a a a
business that was there that was succeeding for years that was always having cars going in and around there at all and and that was mandated because that's how the business worked these businesses won't occupy like that but again that's the biggest unknown out of all of them the residential
ones that's more of a risk for my client to lease units that aren't going to have parking but I think at the end of the day 450 sare foot units you're going to find young professionals that are going to want it and they don't have cars these young what about visitors people that come to visit them they would be
they wouldn't be even the commercial um tenants that are going to occupy spaces there where are they going to park do you have like reserved spaces for them inside the garage so by him controlling these spots and designated he could designate five six seven spots for retail he can donate visitor I doubt
you're going to see visitor parking because there's no really yeah benefit if I'm going to tell this visitor parking John sorry um the buildings that are not allowed to get residence sticker parking are allowed to get visitor parking that passes
uh and then relative to the parking program um if this gets approved with the relief needed so they can't get parking spaces we are required in the ordinance to notify the city clerk's office so that they know who can get passes and who can't and then they are
required to put in their lease documents right up front that this is not eligible to participate in the sticker parking so that uh the potential residents know upfront that they cannot get sticker parking it it's pretty I I told you Chelsea's pretty organized because I've
had people get ticketed and towed so this is one of the few cities that can say that actually is successful I think the other cities I having trouble catching up to that because they don't have the infrastructure but Chelsea is one of those cities that it really is not an issue and they've been doing it
for years um but as far as the retail is concerned I feel comfortable to say that there low amount of retail whether it's seven or three it's still going to be less pocking than what was happening with the polo prepare when it was there all day and circular and so forth and those are
vehicles that are going in going out and going back on the street it was a totally different environment this isn't designed that way and I I will tell you we spent a lot of time working with the city to design something that the city wanted to see that the town manager's office wanted to see this wasn't
something that we just designed we did it I'm sure I'm sure there was a lot of effort so I I just wanted to tell you that I just like to say that to the traffic concern that was raised the city understands that there is a traffic concern you did get a letter in your packet today from the city manager that
is in total um support of the development uh one of the things he does say is that um that this area is complet is slated for complete overhaul in 2027 so this area will be redesigned for a better traffic flow through the site I
do want to add we will be doing a traffic study yes that was my question I'm glad you we're going to be engaging E A vhp of vaness and this boys quite familiar with them they're probably the best traffic guys in the state and they've done they've done almost every project that you've seen in Chelsea had
a large project but we will be doing that we just engage them now and uh so we should have it by the site plan meeting because that's going to be pertinent for the site plan and that will be addressed before you at the second meeting yeah that was my question because convergence of Pearl and
park cross we are we are doing a traffic spot it's it's a nightmare okay before I open it to the public um I I am opening to the public I see they're members of this actually oh I'm sorry Jo I apologize that's fine sorry Joe yeah no worries um
so I think the best traffic study is right in this room and it's and it's a mess um I'm just thinking about density traffic school district retail space all
of that and maybe it's just because it's a new plan that it just seems so huge um for that area there and it's a central artery that's clogged day in and day out
and just to add another 120 units with seven retail spaces potent spaces potentially is a lot um I think the only saving grace is the with the city manager mentioning that that area
eventually is going to be done over so this might fit in the groove with the renovation of that area but this day um today it's it's it's crowded it's compact it's not safe
I can only imagine pedestrians going to the retail space how do you get there traffic is coming from everywhere and it's just a really tough cross as it is so that's just my greatest concern it's a school district there's a school right
up the street um lots of little guys and their families are crossing and using that area all the time and it just seems so overshadowing that it's just such a big um project for that very small dense
area so just to throw out my thoughts in terms of um um thinking about the logistics of of building this size and all that's going on um and we hear over and over again about parking that you
know one bedroom and one person they don't bring cars they do it's crowded it's dense and I think um that we've been um sold on that over and over again that the cars um don't come with the
renters and with the people but they do so parking is a really major issue still and I think we I don't think we found the best solution so I always worry about adding to that depth of a problem that parking
is um so yeah just um thinking about how many units and it's great because there's 18 affordable units yes we do need money yes the retail space might give entrepreneurs or folks residents of opportunity but I think when you look at
the big picture I think that it's very um overbearing for that area there in terms of the flow that's already going on which is very busy and Joe and I always respect your opinion what I wanted to state is that it looks deceivingly larger than it is because
we're showing it on a site plan like this but as far as dimensional rigs in that zoning District it's not taller than what's allowed um the setbacks front yard side yard rear yard the only portions that little small portion there
we're talking about 8 feet it's actually built compliant by what in that District allows other than the parking um like I stated if you have less parking spots you have less people that you're going to rent with cars I can tell you that
the new product that you see out there and John can tell you about what faari did on there you you they have talking analysis and that new product a lot of those people don't they don't One cars they want to just get on the te get on the silver line go into Boston and they
their occupancy over there as far as one bedrooms I think you if you're looking at a three family in Chelsea in comparison for a one-bedroom yeah you're getting a different clientele but this type of product here were 450 square feet they want to pay a certain sum of money they know what they're paying they
want to get on the bus get on the train and get out and Chelsea is one of those Gateway communities because of the silver line and the purple line and the bus route so I think we're this could easily be a 50 unit building and it's a th000 square foot units comparable to
other three families in Chelsea at 1,200 square feet but that's that's a product that will cause people that will need parking and so forth my client believes and I feel confident that a lot of these spots will be used for retail rather than residential because the one bedroom
is not going to have that need it's they're 450 s f feet for a reason and the people that rent those they budget conscious than anything else they don't want that and I'm not trying to sell anything I can tell you as an owner and I I build almost two 300 units a year
and I I build 450 square feet sometimes even 350 square feet units and I have no parking and they can't get stickers and probably 20% of the people they can't rent they said I have a car and just guess what you just don't rent it to them that's just the nature of it but
because Chelsea has these regulations in place and they have an enforcement department that people call in and says hey this person's parking there's no sticker they get towed Chelsea's one of the few communities that does do that John that I can attest and John don't let it come from me but this is this is
a fact in Chelsea so I think it's more of a bigger risk for my client to invest all this money and then if someone does need a car listen you're talking to somebody I have four cars I need a car I wouldn't be wrestling a Unity here that's how I am but the clientele that
they do and I can tell you my friend Ray CA did all these micro units all the roomin houses and ter they don't have cars because there's only so much they can pay a month 1600 1700 1,00 they don't want a car they don't want insurance it's remember
Chelsea's a different District because I hate to say it but your insurance is higher when you register your vehicle overnight in Chelsea so it's not like registering your vehicle in Newton so they Factor all these costs in and and it doesn't happen I mean we'll get to
traffic analysis and so forth but I can tell you from from experience on the new construction projects there's a reason why developers build these and banks finance them because they know that works if they didn't work they wouldn't Finance the project and he wouldn't be doing it it's still difficult to finance
even today Joan because not because of the product because the interest rates are eight eight and a half% of construction money we're hoping that this does get approved design construction docks now you're looking at six seven months down the road that maybe the rates come down to six six and a half percent because if they don't
it's difficult to get anything off the ground today but uh but I we'll take your advice we'll look into everything but we wanted to get as many affordable units as possible in here to go with what the Chelsea wanted to see thank Youk do you have a plan for the uh
delivery trucks delivery yeah David take your take the mic delivery truck TR as in like a the retail you know whatever they going to
be or the Amazon truck UPS trucks whatever yeah I actually reserved that you could see that that spot here commercial commercial access spot right there so yeah that that was thought of yep as part of the backup house this would be a reserved area for that that
will take you 50 parking spaces or does extra for it's an extra open space just to accommodate for the successful operations of tiendes if you will so yeah okay okay so I'm going to open it to the
public um this is not the only opportunity people have have to speak you going before the planning board on the 25th back here on the um the 11th I see that there are members of the city council here do you wish to speak before we open
it okay so is is is there anybody here who wishes to speak on this now okay there being none again I'm not closing the public participation portion of this um you will we will be back here on the 11th of March yes okay thank you
thank you thank you m chairman thank you members of the board have a good evening do we um do we have any other business okay do I have a motion seconded by John by Joe all in
favor 720 thank you Ricky e for