Boston City TV, MA City of Boston Zoning Board of Appeal, 24 Aug 2021

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From YouTube: Zoning Board of Appeals 8-24-21 Part 2

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Zoning Board of Appeals 8-24-21 Part 2

A

A

Are you good, madam chair, ready to go? Okay, um do you want me to do so.

B

Let's yeah, let's start with the recommendations: okay,.

A

Okay, I'll call these in for the record uh boa one one: nine four two 4620 33 bartlett road uh in ward 2., it was deferred to 11 4 case boa 1190278, 252 bunker hill street more to approve their ppda voa one one, nine three, four three: two forty one monument av ward, two approved.

B

One supergirl: do you mind just telling us uh what the intent of the of the appeal was? We don't need to go in through the violations, but what the.

A

Interpretation is okay, yeah, sorry, okay, no problem! um So boa one, one, nine three, four, three, two forty one monument ave: it was a twenty. It was a roof. Deck approved boa one, one, seven, three, nine one: seven thirty six bowling street it was approved with bb bpda. It was extend living space into the attic uh boa one, one: seven, nine, zero, zero, nine, seventy west russell street. It was extend the living space for the first little unit into the basement.

A

It was denied uh boa one, one, nine, two, eight seven, four with a companion case, boa one one, nine four, four, two, two one: twenty three pembroke street it was uh roof. Deck approved uh boa one, two, one: five, eight five, two, eighty eight. Ninety two east broadway it was a pool, a pool in someone's backyard. It was approved, uh boa 112, 6695, 168, humboldt ave.

A

It was um repair a building from a fire. It was approved with bpda, uh boa 116 4411 48 boatwell street. It was a renovation of existing two family with dormer approved the bpda boa one, one, five, seven, six, seven, eight forty forty one rockwell street. It was a new addition. It was approved of bpda boa one, one, eight, zero, nine, eight, three, twenty four dodge road: it was a one car garage approved with bpda boa one, one, eight, three, nine five: five. It was a new porch in a bedroom edition.

A

It was approved for bpda boa one, one: nine zero. Four three eight uh second floor edition. It was approved of bpda, boa one, one, nine, eight, nine three zero ten crandall street. It was a third floor. Dormer it was approved with bpda boa 1184268.

A

It was a renovation of a basement for a small office that was approved boa one, eight, four, four, six, five, eleven bertson ave. uh It was a dormer. It was approved, boa one, two, one, one, one: six, two, twenty seven uh 227 manthorne road it was.

A

It was in addition to a single family. It was approved of ppda, boa 1190582, 45 selwyn street. It was to replace the second floor and remodel remodel the second floor. It was approved boa one, one, nine, seven, eight, two, two one: thirty greeting street it was adding a new floor and rare addition to a single family. It was approved uh boa one. One. Eight five, eight two, three thirty five foster street that was deferred to the 1019 committee.

A

uh 1019 full board uh in the last case, was boa one: two: zero, eight three five, three two hundredth annual street. It was uh moving a driveway and closing a curb cut and then opening a new curb cut, and that was approved.

C

May I have a motion please.

A

I'll make a motion to accept the recommendation from the subcommittee.

D

B

All those in favor all.

D

E

B

Any opposed motion carries we're all set so now we're going returning.

A

A

I'm going to call for 11 30 deferrals.

D

uh Mad chair can I just ask a quick procedural question. um I apologize. This is just looking back at 25 hillock street, um where the bull where it was denied- um I guess uh I mean, is there a is there? Is that customary since they're? Not here or is it deferment, an option I mean? I know we already voted, but.

B

It's usually for process-wise, we deny without prejudice which.

C

B

That they can reapply anytime, because these no shows do happen, and they do happen periodically, um and sometimes they do appear when we get close to the end of a meeting because of something has come in their way.

F

B

We may reconsider it at that point, um but that's.

D

Fine, the case is fair, with questions.

B

D

Case is fairly delinimous and um respect his support. Okay, thank you.

B

And it's around the corner from me and I agree with you, but I don't know what happened.

D

Thank you nope. I just wanted to make sure. Thank you sorry about that. Oh.

A

All right um so going back to the 11 o'clock cases um calling the first case for 11 o'clock, boa one one: eight, nine four: three: three 209 to in 209 a endicott street uh change of occupancy from a ford dwelling to a five dwelling unit, renovate and add a roof deck as plans. The violations are article 54, section, 18, roof structure, structure, restrictions, article 54, section, 10, floor area for area ratio is excessive. Article 54, section, 10 unused uh usable open space is insufficient.

A

Article 54, section 21 off street parking is insufficient name and address for the record.

G

uh Good morning attorney william farrullo 28th state street on behalf of michael binetti, the owner who's on this call, as well as scott tringer from chu and associates, is the architect also.

B

On the call, so please, mr ferrillo tell us what's being proposed. How is that fifth unit being created.

G

uh This building has been in the veneti family for three generations.

G

It had been a five unit, building it's a five story, building until uh the 1950s, when the veneti family decided to use the first and second floor as a single apartment, thus making it into a a four unit. Building the plan is to separate the first and second floor so that it goes back to five units uh and to add a portion of the basement, which is uh 271 square feet in the basement for an additional bedroom for the duplex unit, which will be part of the basement of the first floor for the owner's use.

B

So tell us about the floor to ceiling height in the basement and tell us about the floor to sell height in the basement for that bedroom.

G

uh Yes, uh I'm going to do.

H

G

uh Floor to sill height in the basement is two foot uh three inches. I believe scott could correct me. That's the sill height the head height in the basement will be eight feet. What's happening is the current first floor height is.

G

Sorry is nine foot 11 inches, so what's going to happen is that floor is gonna be raised so that the basement height is eight foot and then the floor above it will be uh eight foot two inches.

B

And tell us, uh you know how tell us about how the windows will walk in the basement. Can you tell us which floor plan we should be looking at so ms edwards can get us there? um I.

I

Can jump in go ahead? Good luck, scott trunare from arthur chew's office, so uh here we have on the we actually want to have the uh a 1.1 drawing in view.

I

So the drawing to the left is the the basement. We have an existing window, which was infilled on the rear elevation at one point in time. uh We're planning on change, opening that up once again and putting a casement window in there, which would be the emergency egress window. For that basement.

I

The two windows to the right side of the the building which face the the walkway up to the rear patio are pre-existing sliders and we just plan on changing those out to um just update them, because they're in poor condition.

B

And are the um utilities separate for each unit? Where are they having.

I

Yes, the inspector at isd actually noted that they were not shown on on the floor plan, but the the light blue area toward the front is common basement and um we will have um tankless water heaters uh in that um that will serve each one of the units for uh for heat and for uh domestic.

B

Okay, um and so, if somebody was in that unit and they wanted to move from the first floor to the basement, how would they practically uh get furniture in there or something because it looks like it? I don't know how the space is accessible.

I

Sure sure so uh there are actually two access points from the front as well. We have the the main common entry with a stair up and a stair down in that location.

I

The stare down is not very practical for turning furniture, uh but if you look at the first floor and the right side corner there toward the front, uh there is a stair down that goes directly down into that uh that common basement area and then in turn can go through the uh the passageway uh into the uh the bedroom to the rear which will allow to get. um You know a bedroom set down there very easily.

B

And uh let's see um and tell us about the the size of each unit.

I

Sure so uh the proposed uh unit, uh a which is going to be the first floor in the the one room in the basement. We have 821 square feet.

I

The units above are existing pre-existing for the square footage and the only thing that's going to be done with that is rearranging the program within the units and those are all roughly around 560 square feet.

B

And so those are studios.

I

uh They're, actually one one bedroom units, uh the pre-existing uh two bedrooms. As I recall, I can flip back quickly just to verify that yeah, the pre-existing two-bedroom units and we're actually downsizing them to one bedroom units which will make them much uh nicer and livable.

B

Okay, so the um so the four units of 560 one bedrooms and the basement is 8.21.

J

B

Okay and tell us about the roof deck.

I

So, on the roof deck, I will have a hard copy here as well, so on the roof deck, um we have a pre-existing head house that goes up to the roof uh which you can see in the photo on the last sheet.

I

Looking southeast down endicott street, you can see the adjacent building, which is only a three-story building, so it's very visible as far as the pre-existing condition for the head house, the roof deck. What we're proposing is that we private for the upper unit, since we were restricted as far as the pre-existing stairwell, it wasn't really feasible to have a direct uh door and incorporate that stair up uh right directly into the unit.

I

So we, um what we're proposing, is a security gate which will be lockable from uh the the lower floor right outside the unit door and only accessible for that that unit and the proposed roof deck is about 132 square feet and set toward the rear of the building, so visibility from the street, if any, would be extremely minimal. Since it's such a tall building.

B

And I will just assume, there's al: they all have a second means of egress and that will be covered when you go to isd. How are the plans, mr robinson.

D

uh The plans are good. I I think that uh the proponent has explained the situation. Well, it is a basement unit. However, it's much lower to grade than we're typically seeing um and it does have the access point as he's mentioning or move in. um So I no no real questions on that and I do see. I did have a question about the access to the roof deck, but thank you for answering that. uh No no further questions.

B

Any questions from the board.

K

um I believe the uh bpda had raised uh some uh issues about rear parking and their recommendations can.

H

K

B

um Mr, um let's see mr alec, I'm looking at the bpda recommendations and they're talking about removing the bedroom on the basement level due to.

K

K

Mr robinson you're saying that the bedroom in the basement is at great because it's a walkout, it's.

D

It's not it's not at grade it's it's about, at least for the plans. It's shown about two, the sill heights about two feet above the floor, so it's not the traditional 44 inches or so it's a much. It's almost at a a regular sill height from um you know my experience. So I think it's it's it's closer, it's not as high as what we typically see in these conditions, because, but it's not, it is not a clear walk out.

D

There's a little bit of grade there in the back.

B

Okay, any other questions is anybody here to speak either in support or in opposition of this proposal.

L

M

L

Members of the board- this is john amano from the mayor's office of david services. This project had received support in the community and at this time we'd like to go on record in support of this project.

D

Madam chair members of the board, paul sullivan for city council, live michael flaherty.

N

Council to go regular support.

E

And madame tray have no raised hands at the moment.

C

May I have a motion please.

A

I'll make a motion to approve.

D

B

Second, that.

B

Any opposed motion carries you're all set good luck. Thank you.

A

Very much okay calling the next two cases, the companion cases, boa 1183021 and boa one one. Eight three, two: three: six uh 259 gold street wood, seven uh violations. uh Zoning violations are article 68 section. Eight radar is insufficient: article 68, section 8, building, heist height, excessive and feet article 68, section, 29, roof structure, restrictions and then there's building code uh violation is 9th edition. 780 cmr 1011 stairways violation comments, roof access where a stairway is provided to a roof of four more stories.

A

Access should be through provided through a pentose, not a habit, all right name and address for the record.

E

David should be on.

E

Hi dave and mary lou, can you hear us.

O

E

State your name and address for the record. Please.

O

Sure dave and mary lou nato unit 4 owners, 259 gold street. um We I don't know if doug stefanoff is on he's our architect. We just had a conversation with him and.

B

Hold on miss ambassador, do you have doug.

E

I do see him yep. He was on the phone.

P

Q

Hi. Sorry, sorry about that hi doug stephanov, here 423 west broadway, suite 404 uh here for 259 gold street madden's chair members of the board. Thank you.

B

uh Just quickly, mr stefanov, so this, um if I get this right, is a three family, a full family, drawing.

Q

It is a fourth family.

B

Has this project on this address been to the board in the past? Oh, yes, so tell us about that.

Q

We came to the board uh some years ago for approval to build this new ford unit building.

Q

Okay, it was an empty.

B

Lot so this was, this is a new full family. Were there any provisos placed on it.

Q

um Yes, ma'am, um but if I can just step back for a second, uh I just received some last-minute information on lack of community support, which I didn't know.

B

Are you gonna request a deferral then? Yes, ma'am? Okay, so um may I have a motion for deferral motion I'll.

D

Second, that eric.

B

I took them sorry all those in support.

K

B

Any opposed motion carries the it's been deferred. The date please.

A

Eleven uh we have on november 9th at 12 30.

B

Okay, so we'll see you then mr stefanov, yes, please be prepared when you guys come back to talk through the um initial approvals. Okay,.

Q

Will do. Thank you very good. Thank you.

A

Calling next case boa 117 1485 93 brooklyn road in ward, 11., violations of article 55, section 9 front yard, insufficient article 55, section, 9 flooring, area ratio is excessive name and address for the record.

R

Yeah, this is royce april from 93 brookly road.

B

So please tell us what you're proposing to do.

R

Yes, we're just: we currently have a three-story deck in the front of our property. It's the roof line actually goes over the deck, so it's part of the foundation and the roof and we're looking to enclose it and uh work through the community and gained um you know, sna's, not opposing it and the jpmc. We went through that and they.

B

You know you know we'll hear about that later, but can you explain through uh how many square feet it is and how you're proposing to kind of maintain that um that you know view of the street that that may be lost with deck and quote front front deck enclosures.

R

Yeah, so the property itself, when you're, actually driving down that right-hand side. It already is a it's kind of a weird existing wall, so you're actually driving down brookly road. That's a one way that one right side wall in the right side elevation there that's already existing, which is kind of strange, not sure why that was done in the original construction. But it's there. So really. What we're doing is adding a wall to the front face and then the left side of the construction um to the building, the otherwise.

B

Tell us what our drawing we need to go to to see.

R

B

The front view will look like.

R

uh If you scroll down.

R

Right there, okay.

B

Okay, how are the plans, mr robinson.

D

uh Plans are good, um no questions.

B

Okay, any questions from the board is anybody here to speak either in support or in opposition of this proposal?.

S

Yes, bender chair members of the board, conor newman with the mayor's office of neighborhood services. Let go records support. This proposal on 93 brooklyn went before the stony brook neighborhood association, which they received full support. We echo their support as well. Thank you.

E

Ma'am chair, I have no additional raisings, but.

E

C

So may I have a motion please.

D

Don't make a motion to approve.

B

Is there a second second all, those in favor aye? Any opposed motion carries.

R

B

A

Calling next case boa one: zero: zero, five, four five: two: twenty two monk bowden terrace in ward fourteen violations, article 65 section, eight three family dwelling dwelling- is a forbidden use. Article 65, section: nine lot size is insufficient. Article 65 section 9, fluorite ratio is excessive. Article 65, section, 9 height, is excessive in stories. Article 65, section, 9 front setback requirement is insufficient. Article 65, section 9 side yard is insufficient. Article 65 section 9.

H

Rare yard is insufficient.

A

uh Two purposes to erect a new three family dwelling with three parking spaces name and address for the record.

T

Good afternoon my name is stuart schreier, I'm an attorney with an office on dorchester avenue and uh I'm here, because my client is seeking to build a new three family house. uh This is mount bowden terrace, which, previous to this had a lot of vacant, lots on it. My clients owned this property since at least 2008, and it's been sitting there vacant.

T

um The houses shown here to the right and to the left do not yet exist. This is what we suspect may be built uh there. The the lot to the right is vacant and the right lot to the left is vacant.

B

So why do you expect suspect that that's going to be the building form.

T

um We've tried to follow, along with what other neighbors are proposing.

B

T

B

What is the zoning district here.

T

It is a 2f6 000.

B

Okay and what is the lot size.

T

The lot size is 5 000 square feet according to the city tax bill and according to our survey of five thousand eight square feet, it's a thousand square feet short.

B

Okay, so you're proposing to build a pretty regular, triple decker. Then.

T

That is correct.

B

Okay, so can you walk us through uh the proposal and uh talk through the violations? Sure.

T

Sure um we have a uh the the lot width. That's normally required in this zone is 40 feet. We have a very wide lot. It's uh 57 feet wide, so we have a a wider lot, not quite as deep as as we would like, and that's the shape of the lot. That's uh inadequate.

T

The first second and third floor will be each apartments that will contain three bedrooms and two bathrooms, and my client at this time is thinking of these as rental units. He is planning on building them and renting them out. The first floor will have additional living space within the basement when we get to the further plans. You'll see that the slope this is mount bowden terrace, the land slopes away to the back.

T

It will be a completely walk out basement and there will be two windows: two double windows to one side: there'll be a single window and two and a double window to the other side, a large window in the back, a double window and a walk-out basement. So does it leak.

B

No, um mr schreier, I'm already kind of having can you back up yeah, um I miss edwards to that first floor and basement plan.

B

I'm kind of having a little worry here, because I want to make sure that this doesn't turn into a plan for down the road having a unit in that basement because it looks like um it's may possibly being set up for that.

T

Well, there is no kitchen down there and you can put a proviso in that that will never be expanded into a four family. You know I.

B

Would I would much prefer that this board uh gets a confirmation at the very be beginning, because we know that provisos sometimes are enforced and sometimes are not, and we just want to make sure that inadvertently this doesn't end up being a full family dwelling uh when the intention, especially if there's a new streetscape being developed, that it is in essence and it's true to being a three family.

B

Despite the fact that this is a two-family zone. So um so I will just put that out there for now. But please then proceed with the rest of your explanation.

T

Sure my client tells me he has no intention of doing that. What I can never say is: what's going to happen, 20 or 30 or 50 years down the road.

B

And, and sometimes we worry that it might not be that far into the future, that it might be two or three years into the future, and you know so anyway, let's just proceed with the rest of the building and then we'll come back to this okay.

T

We we could reduce the size of the finished area in the basement, if that would make the board more comfortable, yeah.

B

Because I also have to figure out how what is the the step up, because it doesn't look like there's a handicapped unit here, because my quick, my quick glance? Oh, I guess you have the ramp on, but do you still have stairs into that unit?.

T

B

T

B

Just have to you'll just have to explain all that to us, so we have a better understanding of what's being proposed.

T

Okay, so each floor will be about a little under 1200 square feet, 1150 square feet, or so, with the exception of that first floor, which will be about 1500 square feet, the total square footage is going to be 4137 square feet of living space. There is a need for family size units. We do. We do have a lot of two two bedroom apartments in in dorchester, and there are many families that do require three bedrooms, so that is really going to fulfill a need for for families um the floor area ratio.

T

That's permitted in this zone is 0.4. This building will be close to 0.8. It's still under a 1 floor area ratio, the allowable height building height, is 35 feet. The building height will be 33 feet, 6 inches. The reason that we have a violation is two and a half stories or what's allowed in the zone, and this will be an actual three-story building uh the front yard setback is supposed to be 15 feet we're at 9.6.

T

When you look at the other houses on the street, that's the what the average streetscape is. Most of the houses are not set. That far back, in order to minimize that there are no front porches, except for a little romeo and juliet balcony on the second floor, but the traditional three decker front, porches have been eliminated side yard setback is supposed to be 10 feet on one side we have eight feet and on the other on and on the other side we have 18 feet.

T

So that's the side with the driveway has 18 feet and there'll be two parking spaces in the side yard and four parking spaces behind the house. The rear yard setback. The requirement is 20 feet.

T

We have 22 feet, it was cited for rear yard because the parking is in the rear yard, so the rear yard is occupied by the parking. Do you see the way the slope drops off so that you have full-size windows in the basement.

B

T

B

Let's go back to the parking because this is advertised as a three family with three parking. So can you tell us what sheet the parking plan is on, so we can just understand it in context.

T

It's um sorry it's I, I think the parking was at the top bear with me. I will pull up the parking myself.

T

T

Right there, you can stop right there. Oh there you go, so you can see that there are two parking spaces to the right and there are two more parking spaces in the back, but they're tandems, so those would normally be used by one unit. Each one each unit would have a tandem spot. So if, if the occupants had two cars, they could park them there, but when you have tandems, it's really inconvenient for them to be uh owned by different units.

T

So it's really essentially uh one two three four four real parking spaces, but two of the back ones could be used as tandems.

B

Okay: okay, um how are the plans, mr robinson, because you know um I see that that this building provides ramp plus step-ups.

M

B

So um I just need you you to talk through this because I think you've you and the board shares the concern about basement occupancy or um you know, inadvertent transference into a unit in the basement. I.

D

Totally agree- um and I and I think those are my questions that you know honestly, the the scope and the three family and the size and is I don't have an issue with that and and I do uh understand, the walk out is a full walkout, so that is that is also accurate for the drawings and I I don't understand the ramp up, because I think there was a way to manage that differently and I don't understand the connection between the unit one main floor and unit one basement, because there is no internal stair shown to the unit.

D

It's only the common area, stair that seems to be going down um and you know so. There is some questions uh what's drawn um in terms of the the scope, but I think the general sense is, I think it's accurate, but I do the same questions that you asked. I I have in my mind too.

B

So, mr schreiber, do you have a response or shall we just leave that there? Because I think, um let's just leave them there, let's just find out if there are any other questions from the board.

B

No more questions: okay, um let's go to and see. If there's anybody here here speak either in support or in opposition.

U

Good afternoon madam chair members of the board denise santos, here from the mayor's office of neighborhood services, we would like to go on record and support. The applicant they've worked with direct the butters and the association and they've met with them a few different times to change and revitalize these plans, so we would like to go on record and support them.

U

Thank you. Thank.

B

E

Raised hands at the moment.

B

Okay, um may I have a motion please.

D

Yeah I'll make a motion to support uh or approves a um a three unit building, um I think with uh you know, obviously no fourth unit um as part of the proviso I I think it would be uh great if the bpa could work with the proponent on uh reevaluating, the ramp and access point to the first floor unit, and then I think there should be obviously plans showing the connection between uh the main floor and the lower level, but I'm I'm generally. Okay with that.

D

There is bedrooms on the lower level if it's consistent with the unit above due to the grade.

B

Right and uh and and if there's a connection between the basement and first.

K

Well, excuse me that just sort of seems like being redesigned. I mean they're, not showing a connection. So how can there be well.

D

Mr eric, I I mean I agree, I I think the volume that is is being proposed. I'm okay with I think the the unit one needs to be redesigned to have the connectivity of a continuous duplex unit, correct.

B

And I also think that you know um we need to make sure that the bpda understands that maybe the building does not need those front access stairs that there is no, um you know additional height for that basement floor to ceiling height in that basement.

B

um Does that make sense for you, mr alec?

B

I mean I I I know it's a redesign but we're trying to get to our end goal of agreeing in concept that a three family is good but trying to make sure that there is no um maneuvering uh to get a fourth unit there or you know.

K

Yeah I mean that's why I actually feel more comfortable with mr robinson's initial motion. To just say it provides the ways that it remains a three-family unit and leave it at that.

B

Well, but that doesn't take care of the issue of that the steps up that uh provide the floor-to-ceiling height to make that additional space. um You know accessible and meeting building code requirements so.

K

I'll leave it I'll leave it at that.

B

A

Yeah- and I I just I personally- would rather see this get deferred and come back with something that.

B

So I know that mister, so I know mr robinson is trying to make us all happy here. So, uh let's see if we can, uh because my sense is that um okay, I mean I'm fine with whatever the motion is as long as mr schreier is clear in his understanding of what our intention is.

T

And someone will ask our architect to do that. In other words, it's wrote, christopher architects, they're, very competent, we'll go back to them and point out the concerns and we'll ask them to revise those plans accordingly,.

B

So can you get the drawings back to us in two weeks? uh Let me just ask and so that we can hold signature until we have the revised plans.

T

We absolutely will do that.

B

Okay, so how's that for response does that make uh uh address everybody's and.

S

B

Signature until we have the the plans, okay and so what is the motion? The motion is to approve a design review for three units uh and we will hold signature until we see plans and.

D

I think design review uh particularly related to the front entry ramp and the stairs up. um I think that needs to be reconsidered.

B

Okay, so there's a motion: uh is there a second.

K

I'll, second, though,.

B

All those in favor all right, hi any opposed motion, carries you're all set. um Okay.

R

Excuse me, madam chair, this is tom. Was there any opposition to that motion.

B

Oh, uh was there any opposition? uh No any opposition. No motion carries.

A

All right calling next case boa one: one: nine one: eight: zero, nine thirty, four gweneth street in ward, 18., violations of article 69, section, nine front yard, insufficient article 69, section, 23, neighborhood, design, overlay, district uh purpose 20 by 20 addition to existing structure basement first floor and second support name and address for the record.

V

This is chris paravis, the architect working with the homeowner. My address is 49 appleton street melrose mass02176.

B

So please tell us, what's being proposed.

V

Okay, so we have there's an existing two: uh two bedroom uh single family home, um that's being enlarged to a three bedroom home uh with with the additional living space on the first floor, basically, a family room and additional bathroom which they currently do not have. um The the square footage of the existing home is one thousand two hundred and forty three square feet. uh The total, with the proposed addition, is two thousand one hundred and nineteen square feet, which is a an addition of 876 square feet.

B

Okay and tell us about if this is, uh is there proposed living space in the basement.

V

B

Okay, how are the plans, mr robinson.

D

uh Plans are good, no questions.

B

Any questions from the board is anybody here to speak either in support or in opposition of this proposal.

W

Hi good afternoon, madam chair, I apologize for my video now being on right now, danielle fonseca, with the mayor's office of neighborhood services. Our office would like to go on record in support of this proposal, and a butters meeting was held on july 8 2021, where many neighbors that were in attendance expressed their support. Our office has received um no testimony in opposition of this uh proposal and we believe that it will not negatively impact the community, as the applicants are just looking to add the addition uh for their growing family. Thank you.

X

Good morning, madam chair members of the board, this is state representative, rob consalvo, representing the 14th suffolk district hyde park, rossignol, reedville and west roxbury, I'm glad to be here today before you do strongly support this application. uh I've known the applicant for many years- and I know exactly where this is located.

X

We also have received no uh opposition in our office at all, uh and I also know that the apple can work very closely with the parks department and the conservation commission as he lives across the street from the sharon woods conservation land and had to go through some more review as part of that process- and I know we fulfilled that successfully and so here to strongly support this application.

B

E

I'm sure I have no additional raised hands at the moment. May I have a motion.

C

D

I'll make a motion to approve with bpda design review and I think, uh there's not really a site plan associated with it and um focusing on the landscape or site plan with the owners.

B

Say a second second, all those in favor.

M

B

Any opposed motion carries good luck.

V

Thanks for your time,.

A

Calling next case boa one: two: zero, nine, four, six one: twenty nine priscilla road in ward, 21, violations of article 51, section nine floor area ratio is excessive. uh The the the work was started under a short form permit. uh It was then realized that the there was more work that needed to be done. I mean a long form would need to be done and the scope of the work includes.

A

To finish a basement to include a bedroom, a bathroom and cotton space, sorry about that name.

V

And address for the record.

A

Jonathan katz.

A

Okay, I'll move on to the last case at.

B

Hold on uh hold on mr secretary, it looks like he's here: um miss ambassador. Any any luck with him. Can you unmute.

E

Him please yep uh one second, just be jonathan cats. um It should be on me one. Second, I don't think that's yeah he's he's on as a panelist. um It's not giving me the option to unmute him, but he is on as a panelist. He might be having some connectivity issues.

B

Okay- okay, um I'm sorry you guys will walk on that. So, um okay, let's go on to the next case.

A

Okay, calling x case boa one one: four: zero: five: seven: zero twenty one, broad street in ward, three uh violations of article eight section, seven cannabis use established, established cannabis, descent, just sorry, cannabis, establishment, dispensary use conditional article, eight section: seven, any campus establishment shall be cited. At least one half mile away from. Another purpose is to change that occupancy from a restaurant and bar to a cannabis dispensary, an interior renovation of a five-story building located at 21 broad street for roster roots, llc name and address for the records.

B

Do we have an applicant on this.

A

All I don't have any names all I have is roster roots.

B

Miss ambassador, any luck.

E

um Nope, I don't see, I'm sorry, I was um no, no, oh! I have it I'm still on one. Second, fernando back give me one. Second.

E

Okay, sorry, we have we're still having the same connectivity issues as well with fernando I can't unmute them.

B

Okay, um let us go to the 12 30 cases oops. I guess not. We have to wait for seven minutes. It's not.

A

B

Yeah, so um if there's anything, you can do miss ambassador for mr cats and for roster roots, please.

E

Yeah I'm trying on my side I if for some reason I can't they're on as panelists, but I cannot okay, nope, that's eric. um I can unmute other people, but I cannot meet fernando um or jonathan cats. I don't know where they and they're both sending me messages saying that um they're here they just they can't unmute themselves. I don't know if they can call in.

E

I'm trying to see yeah, I'm not sure what to do. I'm not sure why it's not allowing me to need them.

B

um This is a message to jonathan katz and to the representatives of roster roots. Can you guys call in please and see if that might work.

E

Okay, he's saying he's going to call in he just sent me a private message.

E

When you do call in, if you could just press star three so uh to raise your hand I'll, send you I'll put the call-in number and access code in the chat.

E

And again, once you're on, if you could just there's a few callers on, if you can just press directory, so we know it should be star three.

E

Let me just meet a couple: people: okay, caller 26- is that you are you jonathan.

E

Call it 36 call it 38 call it 39 follow 40 vote. Can you hear us.

E

Okay, okay, is that you jonathan.

Y

Oh no, this is not jonathan. This is uh ty gomez, with green light, we're just trying to help fern get on fernando get on, so he can uh so he can present.

E

I immediate all the callers, is it caller 38 said?

E

Can you just speak if you're on jonathan.

E

If seven, eight four.

E

I don't see that number on the call list.

E

Okay, sorry, man, sorry I have everyone needed any, not kidding me.

E

B

He's trying again so when we hit 12 30, um mr rajiro, um let's go directly to the rediscussion, so that'll give miss um miss thomas time to do what she needs to do with us without us kind of hanging over her okay.

A

I'm ready, okay.

Y

Can you guys still hear me.

R

Oh, we got someone.

B

Okay, who are you, what is your name.

Y

My name is tyrone gomez I was going to try to um patch fernando in on a three-way call just wanted to make sure that you can still hear me before. I attempt to do that.

B

And what we'll do is yeah go ahead. Do what you need to do in the meantime.

B

In the meantime, if anybody's here for 12 30 who's going to be requesting a deferral or withdrawal, please um send um send us a message in chat, so we can just get it keyed up.

Y

Z

Are you there I'm here? Can you guys hear me now.

B

Okay, save by a minute go ahead. um Mr roger.

S

Sorry for them, okay,.

A

S

A

Fernando hold on one second, let me just call the case into the record, uh calling boa one one: four: zero: five: seven: zero.

A

Twenty one brought broad street and ward three uh violations of articles, eight section: seven cannabis establishment, dispensary uses conditional article, 8, section 7, any cannabis establishment cited must be cited at least one half mile from another existing cannabis establishment, name and address for the racket.

Z

My name is fernando bett mulling, our.

Z

Omaha our address the location is 21 broad street in downtown boston.

B

Good afternoon so tell us: um let's, let's jump right to the chase. This is a cannabis dispensary that you're proposing tell us the square footage. Tell us uh we'll we'll pull up the maps for the layout. um Tell us how it it works. If I, if I was a purchaser, how would I enter the building and how how every how and give us the hours of operation.

Z

Yes, ma'am, so uh the square footage is 4 500 square feet. uh Three of the floors will be accessible to our customers. If you came to our dispensary, you could schedule an appointment or you can order online. If you wanted to walk in, you would be able to do that as well.

Z

When you first arrive, you would have your id checked electronically, with one of our security officer out outside uh then on slide. Two, I believe it is you can see. uh It might be slide three of the first floor, where you can see that. Actually I see it it's on the lower left side, though you can see the waiting vestibule once you entrance that first door, you will check in.

Z

Have your id also verified there and then depending on which what you came for when you actually went for your point of sale, we would check your id again, so there will actually be three points of id verification.

Z

Our hours of operation will be monday through sunday. 10 am to 8 p.m. These were hours that the bcb deemed okay for boston. We feel those hours would work as well with that area, because we wouldn't be adding any extra traffic to rush hour in the morning or in the afternoon. Okay,.

B

So your sales, your sales space, is what it. What is the square footage for sale space.

Z

uh For sale, space, meaning the the three floors that uh customers.

B

Z

Be able to go on.

B

So yes, so explain to us how the other floors are going to be used.

Z

So there's a stairway on the left so the first floor. The the three floors were all essentially be the same. uh It's just more space than a different type of design, but anything you can do on the second or the third floor, we'll easily be able to do. On the first floor uh to access the second and third floor, you would use the stairs on the left.

Z

We will have security set up so we're not having any uh conflicts with people going up or down the step, uh but everything that you can do on the first floor you'd be able to do on the second and third, it's just a bigger space, because we'll be able to actually uh self-cue because the building used to be a restaurant, um where I believe the capacity was over 400..

Z

We never plan on having that many people in the building, but being able to know that we can self-cue inside and not have to worry about lines outside or anything like that. I've been dealing with the area now for going on 19.

B

Z

B

Z

B

Say that I have and say that I've purchased online and I've just come to pick up. Tell me how that would work.

Z

uh We would check your id at the front still with security and then, when you go to the check-in window, you would let them know that you placed an online purchase. So I'd check your id again.

Z

Then we allow you in to the first floor, where you would either pick up on the first floor or the second floor, uh depending on, if you're, how you ordered.

B

Okay, um so it so this building is not handicapped accessible. Then.

Z

It is ma'am, so there our first floor, we will have a ramp ever like. I said uh the bathroom. We will have a public bathroom for our customers, that is in the back on the back left, there's also a private area back there. So if, if someone is handicapped and wanted to come in and more so talk about the products that we have because they might not know what they're looking for, we will have the space for that as well.

Z

We really want to make it a more intimate experience with cannabis in massachusetts and that's kind of what we're going for where people could ask questions if they don't know what they're looking for, because that that's definitely a thing when it comes to cannabis, especially with it being so new in the state of massachusetts,.

B

So the so the ramp is in the rear. Then am I reading this plan right.

Z

No ma'am it's in the front, so that's the front entrance. uh It's a double door on the right that will be handicap accessible right now. The way that the door is set up uh with the existing building the entrance to it is in the center. uh We have double doors that are actually on the right that they have not used it. It might have been a handicap accessible entrance prior, but that's going to be our main source of entrance into the building.

B

Okay and tell us about your deliveries.

Z

So we share a alleyway with 75 state street that is actually fenced off and they actually have a security officer that will be there. That's there all the time our deliveries will be during off-peak hours uh scattered throughout the week. We have spoken with and met with the local police department down there. They have a copy of our security plan, we've been in touch with them and we we plan to continue to do so during construction uh for any kind of suggestions that they may have, and obviously, when we are open.

B

And um did I see a roof deck up there.

Z

Yes, there there was a roof deck, it's just a regular uh plain roof. uh We don't at this time. We don't have any plans to do anything that we just wanted to make sure that uh all the uh pictures for the for the plan were in in what we presented.

B

Okay and your security area for storage, etc. Is that in the basement? Where is it.

Z

That's going to be on the fourth floor, uh so we won't have to worry about anyone accidentally trying to get in to that level, because that that level will be off-limits to the public. We do have a dumb waiter, so we'll be able to actually shuttle product up and down the dumb waiter, without any interference with having to worry about uh going up and down the steps. So that's something that we we know we're blessed with and and it's it's set up right where the vault will be, uh and you can see through the pictures.

Z

It goes all the way down to the first floor.

B

Okay, um may I have miss delaney hawkins on leslie? Can you please tell us about uh what is the one? Is it the one? Is this the half mile from friend street or is it the half mile from uh which which which facility is this uh one half mile within one half mile.

B

Miss ambassador, can you unmute miss delaney hawkins.

E

Absolutely I thought I made our panelist one. Second lizzie: are you.

E

Okay: okay, leslie, I'm sorry, you've been unmuted jessica.

F

Can you hear me now yeah.

B

Yeah, which, which, which um facility is this within one half milo? It.

F

Is within one half mile of um the verdant on state street, which is at, I believe, 150 state street, and I believe it is just within a half mile of patriot care on milk street.

B

So uh did you know what it's so weird, I just don't remember approving 150 state okay. So um so how far is it from 150 straight.

F

I do not have these.

Z

F

Z

Sorry go ahead. I have the exact I have. The exact number at 221 feet, 0.69 feet. uh They are under construction as of right now, they're not yet licensed, um and then with the milk street, we are 888 feet away uh and as of right now they have their only medical, so they're, actually not recreational. I've.

B

Seen that they are milk street okay, milk street will be expanding into recreational because we approve that already.

F

Yes, it is, this is lovely they have. They have commenced recreational operations uh just within the last uh few days, so they are co-located. Recreational and medical and the 150 state street is co-located.

B

So please, medical milk street is medical and recreational and how many, how many feet away is it.

Z

B

888 square feet and um mr laney hawkins, it's not as the bird flies it's as one walks right.

F

uh For the purposes of the half-mile buffer zone, it is, it still remains lot lined to lot line as opposed to the state's updated language on the school buffer zone. So the the half mile buffer zone in the city, zoning code is still measured. A lot line to lot line.

B

Okay um and then um the 150 state uh is still a proposal. It has not hit this board right yet right.

F

um Actually, I'm going to ask jasmine project manager jasmine has this? Has 150 state been heard by the zba.

F

Fairly certain, madam chair, um that it it was heard it was um uh former city, councilor, tito jackson's, second location for collocated, recreational and manufacturing.

B

On 150 state, okay, and um how far is that again.

Z

That is 221 feet. Ma'am.

B

Okay, okay, um so.

Z

On a different street.

B

Okay, so mr laney hawkins, you know um is what is the plan? Is the plan for the zoning code to be adjusted so that, in fact, there is some zones where it makes sense for these facilities to be closer proximity to each other than others? What is the plan? What is the long-term plan.

F

I believe I can't speak to the ordinance that was recently passed that I believe is going to the zoning commission, but in terms of the vcb's deliberation on this applicant, the the chairwoman noted on the record that this is a high traffic commercial area and that, naturally it you will see.

B

I think that philosophically there's a way that we can understand um this density into in downtown, um but this does put us at odds when we are in the neighborhoods.

B

You know, um and so um I just need to make sure that that there is an understanding of that fact that you know the downtown with uh its different paths, its different occupancies on the weekends and the foot traffic, etc.

B

You know, there's there's a different standard, I think than downtown than the neighborhoods, uh but but again to reiterate, it does put us as the board in an awkward position when there is just um you know straight requirements, regardless of where you are okay, um so I've kind of made my two seconds: how are the any? How are the plans, mr robinson.

D

uh The plans are are fine, I I do think they have a larger accessibility issue that I don't quite see resolved in this issue in these plans. um The access and the double doors that appears he's referencing go right into the stairs and then I think, there's just four levels and two of them are publicly accessible. So I believe he's got a larger uh maab issue here, but um that's maybe a side point, um but the plans are fine.

B

Any other place.

J

B

No no hold on any other questions from the board.

K

Well, I don't have a question. I have a comment. I intend to abstain on this vote. I feel that we have been put in a ridiculous position. There have been shifting stances in terms of what the criteria are from the city council from the mayor's office from the county.

B

C

B

Ehrlich, I think you faded out on us.

J

B

Please go ahead. Try again.

K

Hello, can you hear me.

B

K

Okay, uh I intend to abstain from this vote uh because I feel we've been put in a impossible position with the shifting guidelines and directives from the city council from the mayor's office from the cannabis board from the state measuring rules that are constantly changing. There was a uh absolute buffer area. Now the buffer is is constant, is gone, and I um I think that it is unreasonable for us to have to adjudicate these kinds of issues, so um I'm not going to go one way or another.

K

I I I feel, like the city needs to establish some consistent guidelines so that we um that we can uh follow them.

B

And I I agree- and I think we all agree with mr erlich- we tend to be the whipping boys or the whipping people for this uh this this this, these shifting sands, where um we just end up being in the in the target, are targeted because really the buck stops with us and there there is nothing. That's clear, there's nothing that um that is satisfactory and in fact you know, we end up being the only spot where there is any kind of checks and balances.

B

That is uh that that that works on this you know, uh because either we have the community in debt opposition and we have the cannabis control commission doing their checklist to make sure it meets x, y and z requirements, but is not land use based and then we are honestly caught in the middle, because there is nothing going on in there um no meeting of the minds regulatory so that it makes our lives clearer and makes it clearer to the general public.

B

What the intention is um so anyway, is anybody here to speak either in support or in opposition of this proposal?.

L

Madam chair members of the board, this is john romano from the mayor's office and neighborhood services. This project received overwhelming support from the wharf district council and, as the only council in the area, they have been in constant contact with the applicant, as well as the others in the area. At this time, our office like to go on support of this project.

A

And we have a letter and support from the wharf district council and we have other letters of support and some letters of opposition as well.

B

Thank you. What is the opposition based on.

A

The buffer zone that there's one at 150 state street.

B

Okay, um any anybody else to speak either.

P

B

Or in opposition.

B

I just want to hear from elected officials, representative election officials and community members. Everybody else please be silent.

H

Good afternoon, madam of the year, members of the board, anna calderon from councillor flink's office, the counselor provided a letter sent to the board this morning and the letter states. The counselor has met with the proponents of this dispensary and understand the proponents has conducted a community process and made with these neighbors the proponent's main commitments to its neighbors, that it will meet the standards of the community in terms of quality of life and security.

H

This proposal has also previously received a letter of non-opposition from the wife district council and also received a support letter from the cb groups this week. Thank you.

L

AA

um Hi there my name is kee lee and I am the senior property manager of rock hill management and I represent the ownership group of 75 state street, which are butts 21 broad and we are in opposition.

AA

75 state is an 840 000 square foot class, a office building and headquarters to many companies such as santander bank, lek, consulting and cdm smith, and we have a six level car garage that is used by our tenants, business, visitors and families and tourists coming to faneuil hall. uh Many of my tenants at the building are in opposition to the store and some have submitted letters of opposition as well. Yes,.

B

But thank you, mr lee, because we do know that um it's um this is. This is a use um and consumption is legal. So uh we understand um so anybody else to speak either in support or in opposition.

E

I'm sure I have no raised pants surprisingly.

P

E

Go ahead, who is that.

P

uh This is ari gill, I'm the uh uh president of ari boston, inc. uh We are a high-end, fine, menster serving the financial district and the surrounding business in the residential area. For the last 24 years we are, uh we have a strong opposition to uh to this uh to the cannabis dispensary.

P

Next to us, uh we are at 15 broad street, um and it is going to be next to us in a small courtyard, and we are afraid that it's going beside of being 75 state lobby entrance in our own entrance in the same small area.

P

It will cause a lot of loitering in the area. We do have a problem with people coming to our door to find 15 broad street, which has a sign just I'm not sure what we are going to do. If we'll have uh dozens of people opening our doors to us directions, we do not have time. We have to take care of our own customers.

P

I think uh it's going to be uh difficult for the surrounding area. Thank you.

E

P

Awesome fine restaurants, thank.

B

B

Thank you. Anybody else miss ambassador.

E

Actually, I have no additional raised hands.

C

Okay, may I have a motion please.

C

A

Like to make a motion to approve with bpda design, review for the signage and.

B

To this petition only.

A

B

Is there a second.

B

Come on peeps, let's go.

Z

B

All those in favor.

A

B

B

I think we need to be consistent with our buffer.

I

B

Gene is opposed. Motion carries uh you good luck. Okay, thank.

Z

B

And uh you've heard about the um the concerns from the abutters and I'm sure that um you will make sure that um you have. um They have no reason for future complaints and um mr laney hawkins, and I noticed that um who else was on um somebody else from the commission, uh miss joyce that everybody.

D

A proviso for no um maab uh building code relief for the uh accessibility needs of the building. Yes,.

B

Yes, and whoever second, is that, okay, no, that.

A

Was my motion, I accept that little.

AB

B

Okay, please put your voice in miss, uh miss um miss dong, so we know everything's good okay, uh so that is the additional proviso that no no relief on uh handicapped accessibility.

B

Okay next case, please.

M

Thank you, man.

B

A

um Are there any deferrals or withdrawals for 12 30.

B

What's the address, can you please? um Oh mr katz, don't worry.

A

I'll get you here.

B

We'll get to you.

A

Any deferrals or withdrawals for kylie you have a deferral, withdrawal for 12, 30.

E

I know 117 coleridge was an administrative deferral. Is that in do we have a note on.

A

It I was going to go to that yep.

E

A

Yep, um I got an administrative deferral for boa one, one, three, three, four, nine, nine one: seventeen cooler street east boston needs to be re-advertised.

C

May I have a motion.

D

I'll make a motion for uh deferral.

B

Is there a second second all, those in favor all.

A

B

Any opposed motion carry is the date. Please.

A

um It will be september 21st at 12 30.. Thank you any other deferrals or withdrawals for 12 30.

J

I just want to test my audio. Can you hear me now.

A

J

AC

I'm going to call you.

A

Now, yep all right calling case boa one: two: zero, nine, four: six one: twenty nine priscilla road in ward, 21 violation with article 51, section, nine floor area ratio is excessive name and address for the record.

J

Jonathan katz 29 priscilla road uh number, two in brighton massachusetts.

B

So mr katz tell us: is this a one family or two family.

J

This is a two family.

B

Okay and tell us what's being proposed.

J

To expand the living space in the basement and.

B

Is that the bathroom is that of unit one or unit two.

J

B

So unit two on the second floor will have a bedroom bathroom and common space in the basement. Is that what's proposed.

J

Correct unit two has 60 of the basement and we are proposing to expand the living space.

B

um I don't know if this um actually theoretically really um meets the definition of expansion of a unit. When will you is it directly connected to the second floor.

J

Correct through a staircase in the back.

B

And so you can go directly from the second unit into the basement without accessing any common space.

J

That's correct: it's currently used as storage space for unit two specifically.

B

And then tell us about that basement: what's the floor to ceiling height in there.

J

Seven, it's a little over seven feet.

B

It's seven feet and tell us the floor to sell height in that bedroom.

J

uh That will be 24 inches above the floor.

B

To still is 24 inches, okay um and um mr robinson, can you help us out on this and just um how are the plans.

D

But I mean the plans are as he's indicating you know, they're, it's I'm a little unsure because I think I guess I understand what's happening. um There is a kitchen and pantry called out in the basement as well. If you go to um the basement place, is that being removed or what's I guess, I'm.

J

That's unit one, sorry, let me let me try and unpack that uh that that would be unit one.

D

Okay got it so this.

J

Is interesting, pantry is unit one yeah and.

AD

J

Like unit two is like an l from the left side down to the bottom over to the right, excluding the utility and common area.

D

So the seven foot I think, is inadequate for even habitable space in a basement um anyways. I think it needs to be seven foot. Six, so is.

B

D

B

Cats, can you tell us why you need this expansion into the basement, because you know you can tell that you know there that there are a number of issues that we need to deal with. Can you tell us what the compelling reason is for you to expand into the basement this way.

J

Yes, I have eight children, I'm.

B

R

J

I have eight children, thank god and uh aging parents and a disabled sister, and I want to be prepared. If, god forbid, we would need to uh house any of them. So.

B

So the question then becomes is: how is that basement space handicapped accessible then.

J

Well, it's it's not handicap accessible.

K

Okay, mr robinson, do we have any elevations that show the relationship of the basement to the grade? We.

D

Don't uh it is, it is called out on plan a3 um and which it indicates it as 24 inches above the floor, but uh I mean in in my sort of review of the existing building.

D

I'm not sure that's exactly right. It feels like. Maybe it might not be quite that and then, if we also have a an actual height issue down there, uh you know, then it would exacerbate that issue. Obviously they have to dig out even further because of building code. I.

K

Thought seven feet is permissible for a one and two family, but not three, and that three has to be seven foot six.

J

K

It's not right again.

D

Mr, like you're, correct, you're right sorry about that. Yes, correct.

K

Okay, but that doesn't resolve the it.

D

Doesn't resolve the height to degrade issue? Yes, correct.

B

Yeah, okay, so mr katz, have you thought about moving your family to the first unit and then expanding into the basement?.

J

um Right now we actually like the view from the living room, uh so I mean, I guess, that's.

B

I guess that's the balance between comfort and view that that that you and your family need to make, because there is, um you know this. This connection um is causing us worries.

K

What what is the egress out of the basement.

J

What is the question.

K

But it's the egress out of the basement. How do you get out.

J

Okay, so um on the left side there is a door, as you can see um in the proposed basement plan on the left side on the left side of the proposed basement section. It says: there's a door yep right there and then up top. If you go to the upper left-hand corner, that staircase actually goes straight up to the second floor.

J

So while there's a landing on the first floor which exits out the back door and then down, it's like a landing porch.

K

So that door on the bottom left uh is that there must be steps up to the grave correct how how.

J

Is two feet right um when you say below grade you're, saying from the from the actual the.

K

J

Down yeah, you know I have.

B

So let me let me just ask we're spending a lot of time trying to decipher these plans. What would make this workable if we deferred this? What additional information would we need that would take away any of your questions that would be more directly responsive to what we need to know.

K

Well, having elevations would certainly help yeah.

J

We had a land survey done.

B

May I have a motion for a deferral. Please yeah.

A

I'm not comfortable with second floor the second floor apartment going into the basement. I feel like the relief goes with the property and that's in especially in brighton, a very troubled unit, so I'll make a motion for deferral just to maybe it's eligible.

D

A

Second down motion, because I I.

D

Think there's enough confusion in what was being proposed in terms of the drawings, but also the reasons why so. I will second that.

B

All those in favor aye any opposed date. Please.

A

November 9th november, 9th at uh 12, 30., okay.

J

I'm a little confused.

J

What does it exactly mean.

B

um So please um take it. um Can somebody from isd please help this applicant okay. In the meantime, let's move on.

J

What was the information that was confusing? That needs clear.

B

We need um um elevation plan, uh understand sections, so we understand what's being proposed and you still need to think through about this connection of a second floor to a basement.

B

I think you might have heard and you're welcome, to listen to the tape again uh what the concern is about connecting uh about those connections. Okay, uh so let's move on to uh chelsea street. Please.

A

Okay, uh calling the next uh two cases, the companion cases, boa one one: three: three: five: zero: two and boa one: one: three: three: five: forty six, four eleven to four thirteen chelsea street in ward 1.

A

zoning violations are article 53, section 11., two family detached uses, forbidden article 53, section 56, austria's parking and loading article 53, section 12, uh far, article 53, section, 12 rare yard, setback, article 53, section, 52 group structure, restrictions, uh article, uh article, 27 g, east, boston, ipod and then for building code. We have violation, 9th edition, 780 cmr 1030 emergency escape and rescue rescue openings from a bedroom; shell open directly into a public way yard or court. That opens to a public way and then ninth and then another code is 97 edition.

A

780 cmr 704, exterior wall, exterior wall openings name and address for the record. Please.

AE

My name is david choi, I'm the architect representing the applicant hugo rongo. The address my address is wellington street arlington, arlington massachusetts.

B

Mr rango, um you may not be familiar with our processes, but we usually we need. We start off with dealing with the building code. Violation tell us whether you have a response to that or if you do not, and you still want to proceed with requesting building code relief.

AE

Well, madam chair, I believe that the latest design uh will not violate the building code because we are actually uh setting the walls back from the adjacent abutting buildings, uh thereby uh eliminating the windows uh that are within the five feet. Encroachment of the next door building.

B

Okay, so a couple of questions for you, so you so in other words you're not requesting building code relief, and the second question is to find out if mr robinson does have the updated plans.

D

I do have the updated plans um and you know I I do see where the the sort of windows are set back, um but if so miss troy, do you do you? What's your response to uh chairwoman regarding? Do you still need the zoning? I'm sorry building code relief, no.

AE

I do not believe that we need the building code really. We will set the building uh walls where there are required windows to be five feet away from adjacent okay,.

B

May I have a motion then for denial.

K

Motion to deny building code relief I'll second.

B

That all those in favor any opposed carries. Thank you, mr.

M

B

Okay, so please can you tell us about your proposal.

B

So tell us about the your need for zoning code relief.

AE

I apologize, um I was having internet issues um the madam chair, members of the board. There was currently uh living space above the bar at 411, 413 chelsea street, wearing a neighborhood shopping district chopping, sub district, um and the proposal is to really to extend the existing second and third floor plates to the back of the sight line.

AE

We are requesting a relief to increase the floor area ratio from one to three. We will not be changing the footprint of the original building. uh We will also create a second means of egress the back sight line. um Additionally, there is public parking right in front, as you can see, and.

B

Can, let's get some more detail on the units, so the two units, what will be their proposed square footage and how many bedrooms will they have.

AE

uh We're looking at um two-bedroom units approximately 1200 square feet, each.

B

1200 square feet is there a roof deck proposed.

AE

There is a um not a roof deck. On top of the uh the entire structure, there will be a roof on top of the back of the bar, where it will require a second means of egress for the second floor unit, as well as for the third floor unit to egress out.

B

Okay and that's going to be at the rear.

O

B

And, of course, there is no parking. How are the plans? Mr robinson.

D

uh Plans are good. I just have two quick questions. um Do is, do you haven't I mean the the bar is a seems to be a walk up. Do we have? Is there an accessibility issue is associated with that, or is that a existing? Indeed, I mean I know it's a it's kind of a hard condition.

B

Yeah, I don't think we can touch that because that's not what's before us, of course.

D

Okay, fair point, um yep. No, so my only other question is I just wanted to confirm. You said two bedroom units. It looks like the second floor is a three bedroom unit. I just want to make sure I got that and the other one is is a two bedroom, but um I don't have any issues with the rear access and that's all below on top of the lower level bar, so only the clarification of the units. That would be my only question.

B

Okay and then uh we just have a question about loading. um If somebody is moving in, how will loading occur?.

AE

uh Currently, there is a side side alleyway, which is going to be maintained, and if you go to the the first floor, there is a back entry for the the bar use and so that side, egress alleyway will be maintained to be used as a service entry as well. This was the original proposal before we met with neighborhood and we're actually narrowing the building, uh because there's a currently a cantilever over the bar and we're going to correct that issue.

AE

We're going to take the building footprint and just extrude it up vertically and reconstruct the front as well.

D

Yeah, if you go to 85 85 you'll, see that this is the new.

B

Okay and then the other question is uh being over the bar. I mean, maybe because this is not south boston, but you know: there's always concerns about noise, etc, etc. Intruding, on the residential use, will there be any um muffling or baffling so that in fact, the resident residential uses will be protected.

AE

um I will ensure that the floors will get the proper fire rating, as well as the stc required it'll be it'll exceed stc 50, which is minimum for residential separation, and I recommend upwards to stc 90, because there is a bar use, but at the residential separation I recommend stc 50.

C

B

Any questions any other questions from the board.

A

Yeah, I mean that's a very lively bar to say, to put it kindly um so I I would just hope that these renovations could really spruce the place up and be more uh more.

B

Okay, um is anybody here to speak either in support or in opposition of this proposal?.

S

Yes, madam chair members of the board, conor newman with the mayor's office neighborhood services, our office like to go on record in support of this proposal uh during the community process uh conducted by lena the applicant, went before the eagle hill civic association received their full support. Thank you.

E

I'm sure I have no additional raised hands.

B

Okay, may I have a motion please.

A

I'll I'll make a motion to approve a ppda design review I'll.

D

B

All those in favor.

O

B

Any opposed motion carries.

B

AE

Luck. Thank you very much.

A

Okay, calling me I'm calling next case boa one: six: zero: three: nine four: thirty nine dustin street in ward 21. uh violations of article 51 section, eight three family dwelling is forbidden. Article 51, section, nine floor area ratio, article 51, section, 9, billy hyatt, is excessive in stories. Article 51 section, 9 rare yard, is insufficient.

A

Article 51, section 56 off street parking, designing design and maneuverability uh article 10, section, 1 limitation of the area of accessory uses; article 51, section, 9, side yard, insufficient article 51, section, 9 front yard: insufficient uh confirm occupancy as an existing two-family dwelling construct a new three-story edition, with dex change of occupancy from a two family to a three family name and address for the record.

E

See john walsh on the call, not sure if anyone else is on for him.

E

Oh there's mark um mark: are you representing john.

AC

E

Okay, go ahead. Just made you a panel. Let's go ahead.

AC

Sorry about that, um yes, uh good afternoon, madam chair members of the board, this is 39 dunstan's, dustin street. um We seek to create a three families, put your name.

B

And address on the record, so we know who you.

AC

Are mark sanjolo, architect, nine west harwich massachusetts.

B

So tell us what's being proposed.

AC

um We are proposing to turn a two-family building into a three-family building, 39 uh dustin street. We have been, we were before the board last month and we I thought we were doing really well. We got to the point, though we didn't have a plot plan. I apologize for that. So now, we've included the plot plan uh with this uh proposal, so.

B

Just first of all uh confirm to us that this is a two family, and how is that is that through meters or do you have occupancy as a two family.

AC

Yes, I believe it is uh uh two meters and has occupancy as a two family. Okay,.

B

So just tell us, then, how the conversion, how you're proposing to convert it to a third unit.

AC

Yeah so um we're adding to the um the right side, which is the um east and to the rear, which is the north, we're adding to the right about 10 feet and and to the side about 10 feet into the um north about eight feet and we're making a um one unit on each floor. Each unit will be uh three bedrooms. They range in um square footage from 1220 to 1472.

AC

The the design intent of the building was to scale it down as much as possible to make the third unit in the top floor uh built into the roof, so it fit into the residential character of the neighborhood. If you go to drawing a1.

AC

M

AC

It's a context sheet and you kind of see the um the character of the neighborhood.

AC

The existing building is that white house in the middle bottom and we're if and then, if you go back to um uh the t1 title sheet, you see how the character of our building kind of uh is the same uh or very similar character. So.

B

I'm I'm a little confused so that gray building is uh cons. Okay, I see it. Okay got it. Okay um tell us about the parking, because you uh are cited for parking um and loading uh both for design and maneuverability.

B

So tell us what uh how the parking is proposed to work so.

AC

We go to c2 a c1. Sorry, that's! The second page: that'll have the plot plan.

B

So you knew it would come in useful right.

AC

Yeah, yes, you know I apologize, I we all thought it was in there and it just was not so um what we're proposing is the driveway in the same, curb cut location and then three parking spaces on the right. They called it tandem in the um zoning violation, but it's really parallel parking um and it may be uh there. May not. It may not meet the exact maneuverability requirements that the zoning requires now, but I think a lot of these maneuverability things are getting a little bit smaller, because people can drive smaller cars, etc, etc.

AC

I did test this out on my two cars, the same dimension parking space and it's no problem parallel parking in this um in these dimensions.

B

And so the buffering between yourself between this proposal and the neighbor will just be a chain link fence.

AC

Well, it's an existing chain, chain-link fence, but we, I think what we'd like to propose and I'm not sure if it's showing these drawings is a six foot high wood fence. The neighbor on this side is fairly close to the to the lot line. I'm guessing, maybe six feet six or seven feet. They have no windows on their side on that elevation.

AC

There are some trees on that side. They're norway, maples they're, not in great shape- and I know that's an invasive species. So what we'd like to do we're probably going to remove those trees and plant a nicer um tree in the right corner and a nicer tree in the front corner of the property? We did not show a landscape plan. We have a landscape architect in-house, though.

B

Let me let me see if I understand it so you're proposing um the three parking spaces on the right and what happens at the rear of the property.

B

Is there an extra spot all the way in the rear.

AC

No there's not it's just really, you pull forward and then so you can maneuver the parallel parking into the last space.

B

AC

And then we're removing the there's an existing garage there, we're removing that the entire rear yard will be a landscape area.

B

Okay, um you know usually when we see something that says engineering and people say they have landscape architects on staff. uh We are curious about that and interested in that. So, um if you're before us in the future, please include your landscape plan, so we.

H

Understand completely.

B

What you're proposing to do? How are the plans, mr robinson.

D

uh The plans plans are good. I I do you know. I am a little bit worried about the parking, so I think, um and just the buffering associated with the adjacent property. um I think we should consider if this gets approved. We definitely should make sure there's bpa design, review for the site planning.

D

No other questions on this on the proposal.

B

Any questions from the board.

A

Yeah, if go ahead, I just I mean: is it a two family dog or a one family? Do we have existing floor plans because it looks like a one family and.

B

It's a proposal to convert a two to a three yeah.

A

It looks like a one two three, but that's I guess that's my question.

B

Yes um and that's um what I was trying to understand, but the representation is that there are going to be three three bedrooms: twelve, twenty to fourteen seventy two square feet.

D

There are not existing drawings associated with the, at least that I have so. I can't confirm that, but yes.

B

Is anybody here to speak either in support or in opposition of this proposal?.

S

Yes, madam chair members of the board, conor newman with the mayor's office of neighborhood services, lincoln records supported this proposal. Mayor's office conducted a butters meeting on december, 2nd there was a mix of opinions expressed by butters at the time the applicant went on to the brighton, austin improvement association received their support and our office so far has only received one letter of opposition, which I believe, we've shared with the board. Thank you.

E

W

Afternoon this is mara macrae from the council of readings office council related on records being in support of this project. Thank you.

E

Annabelle you're on youtube.

AF

Madam chair members of the board, annabelle gomes for the brighton austin improvement association, I'd like to go and record support. Thank you.

B

And I'm not by any chance. Do you remember if this has come to the board before.

AF

No there's just been a few others on dustin street, but it's not this one.

E

AF

Confusing yeah yep.

B

E

Madam chai have no additional raised hands.

A

I have two letters of opposition in the folder.

B

And what does the opposition state anything that we've already covered.

A

One is saying that it's converting a one family to a three family and too dense and.

A

The other one is the same.

B

Okay, may I have a motion please.

D

I'll make a motion to approve um with bpda design review for the site planning, and um I guess confirmation that this is a I mean we don't have converting from a two to a three, not from a one to a three. I don't know, that's the proviso.

B

And for us, significant screening and buffering yes,.

D

B

Okay, so is there a second second all those in favor aye any? May I hear a man hear your voices, please all those in favor all right, any opposed. I oppose motion carries so we have on the record that mr ruggiero has opposed.

B

Okay next case. Please good luck.

A

Calling case boa 1172, 461, 171, everett street and ward 22.. uh The violations are article 51, section, 50, 56 off-street parking, insufficient article 51, section 8 for family use is forbidden. Article 51, section, 9, uh total wad area, insufficient article 51, section 9 floor area ratio is excessive change of youth from a single family building to a four unit building with additional, with addition per plan name and address for the record. Please.

AD

Chiang mai, 41 41a symphony road boston, massachusetts, zero, two one one five um I also have with me, is my architect: pauly at 135, lincoln street boston, massachusetts.

B

Okay, so tell us what you're proposing to do.

AD

um Yes, today, we're proposing um converting a single family used to a four family um in on everest street in boston. um The approximate square living space is about 5 000 square feet, that's an entire building. It will have four parking spots for tandem park. There's a plan two and two tandem parking spots.

B

Tell us about how this is going from a single family to a four family. Are you just taking the space within the building and and converting it into four units? If that's so um tell us what um the the bedroom, um how many bedrooms there are and the square footage of each unit.

M

So each units are between 1200 to 1700 square feet. We increase the size of the building by adding an addition in the back and also extending living space to the basement and adding dormers on the roof.

M

So that's how we increase the square footage of the building and we have two units on the first floor in the basement and two units on the second floor and the third floor. So, okay.

B

So so, please talk to us about the basement. Tell us about what the floor to ceiling height is and tell us about what the floor to sill height is.

M

The floor to ceiling in the basin proposed is around eight feet, we'll achieve that by underpinning the basement foundation wall and bringing the floor slab lower to increase the steering height to the basement, and also we try to increase the window well for the basement units. So it gets more light and air into the bathrooms in the basement, and we have a full.

M

It'll be less than 44 because of the window. Well, but.

B

You know what I'm struggling with I'm really struggling with um having this occupancy in the basement, because it feels that you know you're making a big a big change from a one to a four. You know um other and are there bedrooms in the basement.

M

Eight bedrooms uh in the basement: yes,.

B

Okay, this is originally.

AD

Originally the building, originally the building, was actually a uh two family and a previous owner converted that to a one family.

B

No got it but then you're trying to convert it to a four family, and you know it feels like it's very dense with that. um You know, and also with no with the parking situation, so kind of talk us through this tell us tell us why and how this works.

B

um Tell us so so um um miss edwards. Can you show us what the basement plan is.

D

That that is the that is the basement plan. There's four bedrooms shown in the basement two different.

B

Units, but for a lot of bedrooms: okay, can we go to the next floor and just see? What's there.

B

So that would be the living space, okay and then the top two units. I mean the top two floors.

B

Okay, got it and um tell us about the attic, um what's the floor to ceiling light, because you're fixing that, through the dormers right the floor to ceiling okay and then please tell us which, um which plan we should go to to see the parking and how the parking is proposed to work.

M

So the parking is currently where the existing part kings are and we divide it into four spaces.

B

Okay: okay, it feels like this whole project is a little bit dense because you are also providing four tandem spaces that come exactly to the property line, which also appears to be um in the front yard.

B

And um let's see, if I'm reading this right and what? How are you accommodating your open space.

M

Open space in the back of the building, we have some. uh We have a courtyard that will and stacks in the back and some of the uh stacks on the upper floor to no rook decks. It's just a attack off the side of the building on the upper floors and we have some shared common space and bike uh bike rack in the back.

B

Okay, okay, mr robinson, um how are the plans.

D

I think the plans are reflective of the points we've talked about. um You know there is parking showing in the front yard. There is a number of units in the basement um and I think the addition is is kind of cutting off the front yard, the backyard. So that's what's pushing the parking toward the front, but um I think you're you were the points you made are are sailing. It feels a little bit too much um for this particular site, so.

B

D

B

Any questions from the board.

K

What is the, uh what is the curb cut on the on the street? I don't see the parking working at all. How wide is the curb cut.

M

uh It's currently a very big carcass. It's it's existing the way it is, and it it's it's uh it's like it should be on the site plan. If you go up to the survey, I do have a survey there.

K

AD

AF

AD

K

Out to the street, or do they have to maneuver.

AD

um I think they have to maneuver a little bit just the way the property line is set with the with the existing um plot. There isn't a way that we consider maneuvering they're cutting some of the additions as well to maneuver the car so instead of them backing out into the street, but there isn't a way for us to do it. The only way we can there's just a longer driveway um and we couldn't get the car to turn around in the three point, even a four-point turn. So even now.

AD

Without addition, we have trouble backing the car and turning it. So it's drive into the road.

K

This doesn't work.

B

Yeah and that's a tough street because you have the ever traffic coming through from the other side and then the you know the merge from lincoln street coming up. So that causes a lot of conflicts. I mean almost literally where your building is okay. um Okay, um is anybody here to speak in support or in opposition of this proposal?.

S

Yes, phantom chair members of the board, connor newman with the mayor's office of neighborhood services, we're going to record support this proposal. uh We conducted a butters meeting on march 22nd. uh There were not serious concerns raised by director butters. uh The outcome did go on to the austin civic association and did not get their approval based off of concerns regarding um living space in the basement um in tandem parking. uh We think with the basement.

S

um You know the applicant explained that it was crucial to ensure that these units could be rented at an affordable market rate, which we feel that it's a decent trade-off and also that it's a walk-out basement in the rear, connor.

B

Has the has the applicant made a commitment that this is an idp unit or an affordable unit, or anything.

S

Yeah, so let me sorry, let me clarify.

B

Sorry, sorry connor. I'm also concerned that we would think that we would want to put affordable units in the basement where uh there needs to be. There is a need for window wells.

S

Yes, so my apologies managers, let me clarify so I believe the applicant said they would be renting out units at uh 1100, a piece um which is on par with with most market older units in the neighborhood. Thank.

C

S

But affordable in a sense that it would be well below other, newer buildings that are coming onto the market.

B

Thank you. Thank you.

A

We do have a letter in opposition from the aca and the file. We have some letters of support and we have some letters that are neutral and we have pictures of the conditions that the aca sent us of the the property now in pretty rough shape.

B

Mr disadora, are you on.

N

You've been on.

E

N

Madam chair good afternoon, uh tony desadoro, representing the austin civic association, uh we're in strong opposition to this project, the proponent over the course of the community review process, received a lot of good feedback from the membership and chose to ignore it. So we're disappointed as an absentee landlord they their reluctance to address community concerns regarding the use of the property, the design, the density, the lower level living space and the tandem parking situation, which we don't think supports the uh the four units. It's a forty five hundred square foot lot.

N

It's in both a two f, five thousand in a three f four thousand sub districts. uh We did attack some photos to show the basement to grade uh level and, most importantly, uh the proponent has done nothing to maintain and secure the property. The the property right now is a war zone. You can't even see the front of the building from everett street, there's construction, material and debris all over the site, a dumpster that isn't secured and the property is probably not secured either.

N

So we just don't see a commitment to the community that the proponent claims to make and therefore we're in strong opposition to this project.

B

Thank you, may I ask that isd send somebody out to the site um so that it doesn't continue to be an eyesore in the meantime, may I have a motion please.

X

B

Yeah, all those in favor.

P

B

Any opposed motion carries um so your project has been denied sounds like you need to do some work being a good neighbor, um so I'll leave that leave it at that next case. Please.

AD

A

um Calling case boa last case of the day, boa one one, eight four, two eight two sixty seven hope: dale street and wood twenty two violations, article 51 section, eight, two f in a one f zone, article 51, section, 9, side yard, insufficient, article 51, section, 9, rayad, isn't sufficient name and address for the record.

AB

Good afternoon, madam chair members of the board mark lacasse, lacasse law, 75, arlington, street and boston attorney for the owner, applicant evan, schwartz who's, also on the call and with us, as is the architect diane lim.

AB

uh Madam chair, we were before the subcommittee on june 17 and not surprisingly, the observations related to the proposed basement living space, so we have submitted revised plans eliminating any use of the basement for living space. So what is being requested today is simply to legalize a long. Existing two-family use at this property in 2006.

AB

A prior owner was granted a permit to expand the building and effectively created two separate living units. There's two separate kitchens: there's two entrances within the building and the assessing department started taxing the building as a two family effective for fiscal year 2008. So it's been taxed as a two family since 2008 uh mike.

B

So so, please counselor tell us how this um family works and the number of bedrooms, the square feet, etc.

AB

So the ground floor unit, which I'll call the first floor, is a self-contained unit and then the second third floor are is unit number two.

AB

So, on the first floor um there is it's a two-bedroom apartment and on the second and third floor there are four bedrooms and two baths and kitchen, and the proposal also includes the creation of a new egress stair from the upper floor unit, which then implicates our other two zoning issues of side, yard and rear yard, because the landing for that um increases, the pre-existing setback requirements on those boats, um the square.

B

Footage so yes, please tell me the square footage of the first full unit.

AB

um If diane lim the architect could pop on and give me that number, I don't seem to see it on the plan. Diane.

AB

AA

I don't know the exact square footage. I can try to look it up really quickly.

AB

And madam chair, the other item that changed as a result of the community review process and the butter meeting is that we initially had proposed paving a portion of the rear yard to add some parking spaces, because we thought that would be something that a butters would want. But as it turns out, there are some drainage issues with adjacent properties. So the butters were um asking that we not pave any portion of the rear yard and that we not add any parking spaces in the rear yard.

AB

So no request is before you for any additional parking other than the existing driveway on the side of the house again in response to requests from butters.

B

May I ask miss edwards: do we have plans for this?

B

uh Do you have plans, mr robinson, and are you comfortable with what you're seeing.

D

So I believe I only have the old plans. I don't have anything new. If I'm I mean I'm looking at plans and they're dated uh 10 of last year, and I think then there's a another set in here, but it shows they all do show a basement unit looks used to be the previous layouts and information. So I I don't have anything, that's updated unless I missed it, but I don't have it in my file.

B

And miss edward says that they do not have any plans.

B

C

So we're kind of we're.

B

Kind of walking blind here, um mr lacasse.

AB

We did submit revised plans and then there was a further request for the certified plot plan to be submitted, which I finally got hold of yesterday. But if it would assist the board if we could be deferred to the 921- and I could be certain that the revised plans are submitted to the board and mr robinson.

B

May I have a motion for deferral and and can we have a short deferral on this I'll.

D

Make a motion to defer shortly.

B

Is there a second all, those in favor aye any opposed the date? Please.

A

We can do the 21st.

B

The 21st at 12 30., okay, in the meantime, can I just ask all board members to stay on for about a minute. Okay, um so the motion has made it's been carried, um we'll see you on the 9 21 at 12 30.. uh The meeting is now again thank.

AB

AB