[KaEkSOLEwkQ_SPEAKER_31]: Tonight, we are gonna take two cases out of order. We're going to start with 360 Salem Street, and then move to 280 Mystic Avenue, and then take the other cases in order. Dennis, could you read 360 Salem? Oh, I apologize. Could we do a roll call for attendance? Mike Caldera. Present. Yvette Velez. Yvette Velez.
[Chris D'Aveta]: Oh, we'll come back.
[KaEkSOLEwkQ_SPEAKER_31]: Andre Leroux. Present. Jim Tirani. Jim Turani?
[Denis MacDougall]: He's on the phone. I'll come back.
[KaEkSOLEwkQ_SPEAKER_31]: Mary Lee?
[Unidentified]: Present.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you. Christy Aveda? Present. Jim, can you hear us? Jim Turani? And Yvette is not on? Okay, thank you. Dennis, could you read 360 Salem Street?
[Denis MacDougall]: Was that? Nope, not anymore. 360 Salem Street, case number A-2024-15. Applicant and owner Habit OpCo LLC is petitioning to convert a two-unit commercial condominium at 360 Salem Street into a medical office use, which is an apartment two zoning district, thereby requiring a special permit under the City of Medford Zoning Ordinance, Chapter 94, Table A, Table of Use and Parking Regulations.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Dennis. Do we have a motion? Mike?
[Mike Caldera]: Yeah, Jamie. All right, we're gonna try that again. So the board received a letter from the applicant requesting to withdraw. And my understanding is also that the applicant sent a letter to city council stating that they intend to explore other locations. They don't intend to come back to this location. I know there's a lot of resident interest about this. So from my perspective, the board has heard no testimony on this case. I see no reason, in light of what we have heard as a board, to oppose the request to withdraw. And so I would like to make a motion to accept the withdrawal.
[KaEkSOLEwkQ_SPEAKER_31]: Do we have a second?
[Unidentified]: Second.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Mary. Mike? Aye. Andre? Aye. Mary?
[SPEAKER_08]: Aye.
[KaEkSOLEwkQ_SPEAKER_31]: Chris? Aye. And Jamie? Aye. Five ayes, that case is withdrawn. 280, Mystic Ave.
[Denis MacDougall]: 280 Mystic Avenue, case number 40B-2024-01, the resumption of consideration of the petition of Combined Properties Incorporated for a comprehensive permit pursuant to Massachusetts General Laws, Chapter 40B, for multifamily eight-story apartment development located in approximately 3.2 acres of land at 278 to 282 Mystic Avenue. This proposal will be developed as an approximately 378 units consisting of a mix of one, two, and three-bedroom apartments, with 25% of the total units of them being designated as affordable housing to low- or moderate-income households.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Dennis. And I understand we've had a request to withdraw this case as well. That is correct. Any discussion? Mike?
[Mike Caldera]: Yeah, so for this case, we did hear some testimony. The board did receive this letter requesting a withdrawal. My understanding is that if the applicant intends to withdraw due to the economics of the project, if they were to reapply, they would have to go through the process all over again. And so similar to the last one, I see no reason to, you know, to do anything other than accept the request to withdraw. So I would like to motion to accept the withdrawal for 280 Mystic Avenue.
[Andre Leroux]: Seconded.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Andre. Roll call vote. Mary?
[SPEAKER_08]: Aye.
[KaEkSOLEwkQ_SPEAKER_31]: Chris? Aye. Mike? Aye. Andre? Aye. And Jamie? Aye. Uh, five eyes.
[Denis MacDougall]: No, thank you.
[KaEkSOLEwkQ_SPEAKER_31]: Uh, that case is 28 missed. Gav is withdrawn. Uh, just want to confirm, uh, Jim Trani. Are you on the call? I'm on the call trying to get the volume to go. Thank you, Jim. Moving on to the next case, we will have Mike, Yvette, Andre, Mary, and myself vote on that one. 28 Winford Way.
[Denis MacDougall]: 28 Winford Way, case number A-2024-07. Applicant and owner Anthony Monaco is petitioning for a variance in the Chapter 94 City of Medford zoning to install a fence over six feet tall at 28 Winford Way, which is not allowed for the City of Medford zoning ordinance Chapter 94 sections 4.2.3, 4.2.4, and 4.2.5. Thank you, Dennis. Do we have a representative for the applicant?
[SPEAKER_13]: Uh, good evening, everyone. So I'm here. My name is Yuri. Uh, Caique is here. So we and the owner of the house is here with us. Anthony Monaco. So you guys can go ahead.
[KaEkSOLEwkQ_SPEAKER_31]: Could you repeat that? I apologize. I misunderstood. Me?
[SPEAKER_13]: Yes. Okay. My name is Yuri. I built up the house. I'm a builder. The fence over there, I built it. So, we have here, together with us, Anthony Monaco, he's the owner of the house, Kaique, and my assistant, Francie Allen. So, you guys can go ahead.
[KaEkSOLEwkQ_SPEAKER_31]: Okay, so we left off at the last meeting. We did not have adequate description of the plans to reduce the height of the fence. And we had continued so that the neighbors and the owner and developer could meet to go over the proposed plan to bring that to this meeting.
[SPEAKER_13]: Yeah. so uh the neighbors is here right now uh miss lisa suggest us the last meeting to reduce the fence or the regional size the regional high so we can do that if everyone agreed over here so uh wayne is here lisa And I assume everybody included on the issues is here to solve the problem as soon as possible. My plan is to solve right away, right now. If everyone agree, we can do that.
[KaEkSOLEwkQ_SPEAKER_31]: Okay, so as I understand it, there had not been any meetings with the neighbors?
[SPEAKER_13]: So I was Sorry, I was there. I knocked the house on Fred. Fred is the back neighbor. Lynn's house or Wayne's house over there, but nobody answered. So it's the point. But I went there to try to meet him, but nobody answers.
[KaEkSOLEwkQ_SPEAKER_31]: Okay, do we have proposed plans for the changes to the fence?
[SPEAKER_13]: The plan, the proposal is to reduce what Lisa suggested, asking us to do that. We can do that, so reduce to a regional size, regional height. It's the suggestion, it's the plan to do that.
[KaEkSOLEwkQ_SPEAKER_31]: Do you have anything to show?
[SPEAKER_13]: Yes. I can show by chat for everyone.
[KaEkSOLEwkQ_SPEAKER_31]: Okay. Thank you, Dennis.
[SPEAKER_13]: Oh, first, yeah, you can share the image, please, on the chat, on the Zoom chat.
[KaEkSOLEwkQ_SPEAKER_31]: We haven't received anything additional from you.
[SPEAKER_13]: My assistant will share with you guys on the meeting chat. Jennifer O'Callaghan has left the meeting. Jennifer O'Callaghan has joined the meeting.
[SPEAKER_08]: Hi, everyone. I'm trying to share, but it's not connected to my computer. Just give me five minutes. I apologize for that.
[Unidentified]: You guys will receive on the chat in a couple.
[KaEkSOLEwkQ_SPEAKER_31]: The person attending Callahan should have screen sharing rights now.
[SPEAKER_13]: So let me try to share with you guys. One second. One second just to share. Only the host can share if this meeting. You guys have some email I can send to you guys? Can you guys hear me?
[KaEkSOLEwkQ_SPEAKER_31]: We can hear you. You should have screen sharing rights now.
[SPEAKER_13]: Screen. Did you guys receive?
[KaEkSOLEwkQ_SPEAKER_31]: Yes, we can see that.
[SPEAKER_13]: Okay, so I have one more picture here. Let me share. Let me share one more. It's easy to guys see what we do. OK. OK. I got you. Did you guys receive the second one?
[KaEkSOLEwkQ_SPEAKER_31]: We can see that. Can you zoom in? It is very small on the screen.
[SPEAKER_13]: Yes, it's a small screen, but I can explain to you guys. So we have 26 posts over there. So the original defense now, it's a match in some posts of the right side of the property. So we start with the first post. It's close to the lean. the Lisa property. So we have 106 inches and our proposal you took or take 25 inches and everywhere in the whole post. So it's our proposal, remove and we reduce to original size of the fence. Did you guys follow me?
[KaEkSOLEwkQ_SPEAKER_31]: I'm trying to, I cannot visualize what you're showing us right now. Um, I mean the, so you're bringing all of the fence down to six feet, six and a quarter feet.
[SPEAKER_13]: What'd you say again? Sorry.
[Andre Leroux]: Jamie, this is Andre. On the screen, I could maybe see it a little bit better on the computer. It's bringing the fence down 25 inches across the board everywhere, but it was still varied from something like 91 inches to 77 inches or something like that. So it's not six feet.
[KaEkSOLEwkQ_SPEAKER_31]: Not six and a quarter around. Okay. Um, and as I understand that you mentioned that you tried to speak with the neighbors, but there was no engagement with the neighbors at this point.
[SPEAKER_13]: I think I think Lisa wanna share something. She's hands up. Let's give the opportunity to her to tell something.
[Lisa Defabritiis]: May I speak? This is Lisa DeFabritas, one of the voters. I don't know if it's time to speak or you want me to wait.
[KaEkSOLEwkQ_SPEAKER_31]: No, we haven't opened it up for public comment yet.
[Lisa Defabritiis]: Yeah, I didn't think so. Okay.
[KaEkSOLEwkQ_SPEAKER_31]: Okay, I'll open it up to the board for any questions to the applicant.
[Andre Leroux]: Yeah, this is Andre. I just have a question. So last month, We gave you an additional month to talk to the neighbors and to present us with some plans in advance so that we could see that. And I just want to ask you why that didn't happen.
[SPEAKER_13]: I don't know. My microphone is not very good, so you guys ask me something or no?
[Andre Leroux]: Yes, this is Andre, one of the board members. I asked you last month. We some of our board members did not want to extend this, but we voted to give you an additional month's extension so that you could show us everything, send the materials in advance so that we could see it for the fence and also that you could talk to the neighbors. The neighbors seem to express a willingness that talking to you but they needed to have the information. We as a board need to have the information. I'm disappointed that that hasn't happened and that there was only one attempt to walk by and knock on a neighbor's door and that this information we didn't get and neighbors didn't see it until yesterday. The point is,
[SPEAKER_13]: Over there has a fence. The house needs a fence. Okay, I think everyone agreed with this. The house has a fence. One neighbor, one specific neighbor, ask us, make the big complaint with how big is the fence. We are here to solve. It's so easy. What she want to do? Do you know what I mean? What's the thought? Hey, reduce the size. OK, we are here to reduce. It's as simple as that. We don't need to spend more time with you guys, from you guys, from the city hall, from my time, from the owner of the house time, from the Lisa's time, because everybody needs to do something maybe more important and then discuss about the fans. Do you know what I mean? But at the same time, she's very upset about the fence. Okay, that's very good. It's so easy. What does she want to do? Let's do it. It's so easy to solve. Do you know what I mean? We don't need monthly and monthly and monthly meetings to solve a problem like this.
[Andre Leroux]: Yeah, Mr. Costa, I agree with you 100%. I don't want to be wasting our board's time on this either. This should have been resolved a long time ago. That's why we wanted you to resolve it with the neighbors and then come to us and tell us that it's resolved. But we can't resolve it here at the meeting, especially when you're showing us fence heights that are over the legal limit.
[SPEAKER_13]: So, okay, but the original size, if she agreed right now to say, okay, Yuri, okay, I agree. Okay, the other neighbors. Okay, we agree. We can go there tomorrow and solve the problem forever. You know what I mean? It's my point. We don't need, because I went there, I knocked the house, nobody answered one time, two times, because everyone over here on this meeting has something to do. You know what I mean? But right now, we have the very good opportunity to solve. If Liz had said, OK, my dream is Reduce the fans. Okay, Lisa, let's reduce the fans. And that's all very simple guys. So sorry about the guys, but gentlemen and ladies, it's so simple to solve. Do you know what I mean? We are here to serve you guys.
[Mike Caldera]: Um, Jamie just acknowledged me, so I'm gonna speak. Um, so I wish it were that simple. Um, currently, the board has three letters from three neighbors, all of which say either they aren't okay with the proposal as it stands, or they have spent a lot of time on this and are on vacation and can't make it to the meeting and aren't, don't want the board to act tonight and would be open to yet another continuation. So it's a mixture of no's or please don't act on this tonight. So it's not that simple. And so, but I do agree with the proponent that, you know, since we have one of the neighbors here who would like to speak in the public portion of the hearing, maybe we just open the public portion of the hearing and get an update from them. And then as a board, I'm sure we'll have enough information to decide this. So that would be my recommendation.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Mike. Let's go ahead and open it for the neighbors. If you could raise your hand and I'll zoom. Go ahead.
[Lisa Defabritiis]: May I go? This is Lisa Deferidis. May I speak? Yes. Okay, thank you. I am literally at a loss for words at everything I've heard so far. This is like, it's laughable and at the same time offensive to all of us neighbors. And I'll tell you why. This is, as you said, now the third meeting. This matter of the complaints against the fence has been ongoing for one year with City Hall. This has been started off with the City Hall going out to the owner to tell them to bring the fence down. Then it was letters. Then it was fines. And then nothing, nobody, not an owner contractor just ignored everything. And we got to the point that the city hall was, gave the, served the owner and the contractor's letters that they're taking them to court to get them to comply. This is how the variance request was finally submitted after almost a year. This is now our third meeting, and all of us neighbors are very exhausted to be here every once a month and having to go through this. This is so unnecessary. And I'd like to add, I've sent the board two emails in the past two days and pictures. I hope all of you have had a chance to look at those. You know, you already stated he reached out to the neighbors. I mean, that's laughable because he only texted the neighbors, two neighbors, the two of us, three of butters. He texted two abutters yesterday for the first time. They had a whole month after your instructions after the last meeting to reach out and try to resolve this. I have never been contacted. I work from home. I have cameras around my house. No one came to my house. No one left a note on my door saying, hey, we'd like to meet with you and talk with you. Can we all meet with the neighbors? We all live here. No one reached out. The texts that went on yesterday were between two of the voters excluding me and I'm the one who initiated this whole thing. Okay. And even my two other neighbors who are on this zoom call now. One of them I spoke with directly, and the other one indirectly, are very offended as I am. After two months that these people still wait to the last second. Getting back to the bottom line defenses, their proposal, they come at the last minute. No one seen anything. Say, hey, come, what do you think? Let's look at the hype, make a mob. What do you think would be good? You know something, I took pictures yesterday and I sent it to the board because on my side of the fence, not their side, the owner's, the stain is already getting discolored. The wood is starting to look crap because they did a shitty job and then shitty wood. And I sent you pictures because they only stained half of the backside of the wood. I've showed, I sent you pictures showing that. That wood's going to rot. Do you really think these people, if I agree to keep an extra foot or two feet above my fence to look at their wood, that I can trust that they'd even maintain that wood so that it wouldn't start looking ugly and discolored and rotted wood? I'm sorry. And like I said in my email, If my fence was even six inches higher than their fence, do you really think they'd be happy with that? And the fact that you already mentioned, like, oh, this is easy. Why are they complaining? Excuse me. You built a fence that you know better. You're a contractor. You built a fence that was over cold. what is non-compliant and out of code. You never got permission from the city. You never responded in one year to all the letters and the calls from City Hall. And now you've been told two times by this board in two different meetings to reach out.
[KaEkSOLEwkQ_SPEAKER_31]: Could you just direct any information through the chair, not directly to the applicant?
[Lisa Defabritiis]: I'm sorry, thank you. So the contractor was instructed two different times in two different meetings to reach out to the neighbors. You made it very clear to them last month, and they never did. I have never been contacted by the owner or the contractor. Okay, the owner has been on the zoom call since the beginning, never speaks never shows his face has the contract to talk and then they sit here now at the last minute. Hey, let's all talk it. This is not a meeting for us to pass yourself, they had two months to do this, and they only contacted two neighbors. two days ago, and they never contacted me. So I'm sorry. And as I put in my email to all of you, this is disrespectful. This is wasting our time. It's offensive to everybody, to the board, to our neighbors, and all of us. And my neighbor, Jenny Schnabel, who's on the line, and Lynn and Wayne are on the line, And when the letter you said that he wouldn't make a decision, meaning he wouldn't make a decision, and I'll let my neighbor Jenny confirm that, meaning his email to you was he wasn't going to make a decision to agree to it to more than six feet, but he supports the six feet. But he just would not agree to anything higher. That's what his intended email to you was about. So my request is this. I want the fence down to six feet. I don't want to look at his fence that's starting to look discolored. I have my fence. That's why you guys have a code, six feet. So nobody has to look at somebody else's eyes or other discolored fence. This is ridiculous. This is just so disrespectful. I'm very upset, as you can see. Because I hope, I really ask the board, I hope this concludes this evening, because this is a waste of everybody's time. And as I said, no one, contractor owner, has done nothing, not once, to reach out to us, and particularly me, haven't heard a peep. Thank you.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Lisa. Could you just give your address quickly?
[Lisa Defabritiis]: I'm sorry?
[KaEkSOLEwkQ_SPEAKER_31]: Could you give your address?
[Lisa Defabritiis]: I'm 32 Winford Way, so I'm 32. Even though it's 28, there's no 30. I'm literally the next door. Thank you.
[SPEAKER_13]: Hey, Chamber, can I tell something?
[KaEkSOLEwkQ_SPEAKER_31]: We're open for public comment for the neighbors right now. Any other neighbors that would like to speak?
[Andre Leroux]: Yeah, the Amigos have their hand raised.
[MCM00000760_SPEAKER_21]: Thank you. Thank you, Mr. Chairman to the board. Lennon Wayne Amico 24 Alden Lane. Um, just a couple of comments. Uh, I agree with what Lisa saying. Andre, thank you for your support and clarification as to what the applicant is now proposing. we uh you guys were very specific at the last meeting you requested a plan be submitted indicating what the applicant what was desiring to do and then coordinate with the neighbor i'm not disputing uh the applicants a contractor might have tried to knock on the door i can't say whether he did or not we didn't speak with him tuesday of this week my wife received an email chain from, I believe it was Yuri or his representative. Lisa is correct, she was not included on that to my understanding. Fred and myself, Fred and Lynn were, excuse me. Basically the email, the text chain said, could you guys please confirm that you're okay with the proposal? And our response was, what proposal? We haven't seen anything. Yesterday, this plan that you see on the screen that Andrea, someone was sharing, was sent around to us. We are happy to see that something is being proposed, but honestly, I don't want to debate this with my neighbors during this public hearing. I want the opportunity to discuss it with Lisa and Fred and Jenny, etc., to determine what we all feel is the appropriate height. Obviously, it's the board's choice what they decide to do tonight, but we are extremely upset that this was brought to us 24 hours ahead of this meeting, and now tonight we're supposed to all agree without having an opportunity to calmly talk about this with the neighbors and decide what's best for everybody. Thank you, Mr. Chairman.
[MCM00000760_SPEAKER_00]: Also, the fence goes up to 92 inches. Yeah, so it's still in various spots. various heights and you know we can't like you've given him a lot of time to come up with something my son is in the house he's there almost every day no one has knocked on our door no one has left us a letter no one has done anything to to try to be neighborly and we've all lived in that neighborhood i grew up there i mean we all are neighbors we all have gotten along we've never had any kind of situation like this in the past and yes it could have very easily been taken care of if they did the right thing with coming to the coming to the neighbors and finding out what they thought. But giving us 24 hours notice, people have a lot of medical things going on and just life. And this is just not fair to put on us 24 hours ahead of time and say, send me a text saying it's OK. Well, what's OK? I don't even know what you're talking about. So you were very clear what you needed. He had a whole month to get in touch with us. No one did till 24 hours before. I don't know what else to say. It's just very frustrating at this point to everybody. Thank you.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you for your statement. I'll go back. Any other neighbors that want to make a comment?
[Andre Leroux]: Hi, this is- Oh, you're muted. Could you unmute again?
[3tlRdpeIbkM_SPEAKER_00]: Hi, this is Jennifer Schnabel. I'm one of the neighbors at 22 Alden Lane, the back neighbor. So I wasn't part of the email or text chains that went on, but I'm familiar with everything that Lynn has been saying and Lisa has been saying. We would be happy to talk about it. We would still be happy to talk about it in person, to look at it all together, but being able to make that decision with the information that we received only recently isn't enough time to be able to say, yes, we're okay with it. So that's all I have to say. Thank you.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you very much. Anyone else from the public that wants to make a comment?
[Lisa Defabritiis]: Yeah, this is Lisa DeFabritis again at 32 Winford Way. I'm sorry, but I'm tired. It's a year, and I feel very disrespected, offended by everybody on the owner and contractor. I am not willing to have this discussion anymore. I don't want to look at the fence. It's already getting discolored. I'm not willing to compromise. I want the fence down to six feet. I have a fence. And I don't want something over my fence that's different than mine. The other two abutters don't have a fence. So for them, it might be OK for them, as they mentioned. But they still feel it's way too high. It's too high for them. But they don't have a fence. There's a contrast between their fence and the owner's fence. For me, it does. So as far as I'm concerned, I strongly and I feel, I'm sorry, I want the fence down to six feet per code. Thank you.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Lisa. Anybody, any other public comment?
[MCM00000760_SPEAKER_00]: Hi, it's Lynn again, 24 Alden Lane. Again, we want to be in compliance, like if the back neighbors decide that they, if Jen and Fred decide they want, whatever, we wanna be in the same area as they are. So we really have to discuss it because no one has discussed it with us. I know we don't have a fence on our side, but this is getting ridiculous, and we want to also be with our neighbors. I mean, we want to be at the same height with them. We want everything to look uniform. We've always done stuff together as a neighborhood. So this is not anything different than what we've ever done. We've never come across this, but we want to be with Fred's fence height also. We want it to look, what's the word I'm looking for, conforming?
[MCM00000760_SPEAKER_21]: Yeah, uniform.
[MCM00000760_SPEAKER_00]: Uniform. Thank you.
[KaEkSOLEwkQ_SPEAKER_31]: Okay, any other comment from any other individuals from the public? Anybody that has not spoken? So, can I tell something? I'll come back to you, Yuri. I just want to make sure nobody else has anything to add. All right.
[SPEAKER_13]: Okay, Yuri, go ahead. okay let's let's solve this now now exactly now so lisa reduce to six it's a good enough for you to six feet yeah which is the height of my my fence awesome awesome awesome okay just yes or no so wayne reduce to six that's good for you
[Lisa Defabritiis]: So Wayne, he's asking to the six feet, which is.
[KaEkSOLEwkQ_SPEAKER_31]: Yeah, so I'm sorry, this meeting is not for you to discuss what to do. The plan was supposed to be in place. This meeting is for a decision. We've had the, do you have anything you want to add from a data perspective, Yuri?
[SPEAKER_13]: No, I just want to solve now. Not for discussion between you and the residents. Okay, sounds good. So if you, Council Chambers, if you say, Yuri, reduce over there, I can do that tomorrow. You know what I mean? Just to solve, just we not lose time, lose time, lost the time, lost the time every month. You know what I mean?
[KaEkSOLEwkQ_SPEAKER_31]: Okay. Do we have a motion?
[Mike Caldera]: I motion to close the public portion of the hearing and enter deliberation.
[KaEkSOLEwkQ_SPEAKER_31]: seconded. Thank you, Andre. Uh, Yvette. I'm sorry, Andre. Hi, Mary. Hi, Mike. Hi, Jim. Hi. And Jamie. I right. We are in deliberation. Any comments from the board discussion? Go ahead, Mike.
[Mike Caldera]: I was very clear at the last meeting. My guidance was talk to the neighbor, and if they're amenable to a fence height over six foot, great, present some plans, we'll consider it. The lot is irregular in some portions, not on that side. We got a proposal more than six feet, Neighbor wasn't talked to, neighbor doesn't like it, neighbor wants six feet. Six feet is allowed by right. So I'm not in favor of the proposal. I don't think the applicant has met the standard approved to establish a hardship to allow a fence of this height on all portions of their property.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Mike. Anyone else from the board?
[Andre Leroux]: Uh, says Andre. I don't really see another possible decision other than just enforcing the six foot height. Um, you know, I would note that there are there are places where the neighbor has posts that go above the six foot height. So I would expect that the neighbor would also, uh, take those posts down to six feet because I don't want to continue this, uh, problem any further.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Andre. Any other comments from the board? I'm also in agreement with that as well.
[Chris D'Aveta]: I'd like to see it go down to six feet.
[SPEAKER_09]: I'm in agreement with everyone on the board, the sentiments right now.
[SPEAKER_13]: So, okay for me. We start the job tomorrow. I'm sorry.
[KaEkSOLEwkQ_SPEAKER_31]: We're in deliberation now, it's just for the board speakers. I'd like it.
[Mike Caldera]: I'm gonna motion to approve the requested fence height variance.
[KaEkSOLEwkQ_SPEAKER_31]: I'll second that. Okay, for the board, we have a motion to approve. Keep in mind that for the roll call vote, if you disagree with the motion to approve, you would want to vote nay. If you support, you would want to vote yay.
[Andre Leroux]: Wait, hold on. Can you just go through this one more time?
[KaEkSOLEwkQ_SPEAKER_31]: The motion is to approve. So if you do not agree with the motion to approve, you want to vote nay.
[Mike Caldera]: So to be clear, a yay is grant the variance, a nay is deny the variance.
[Andre Leroux]: Right. But the variance is for above the six feet, right? So I just want to be clear. We're denying the variance, then that's the six feet.
[Mike Caldera]: denying the variance amounts to the bi-right, which would be six feet.
[Andre Leroux]: Exactly. Okay. Just want to be super clear. Okay. Um, Andre?
[KaEkSOLEwkQ_SPEAKER_31]: Nay. Mary? Nay. Mike? Nay. Jim? Nay. And Jamie? Nay. motion, the variance is denied. Thank you everybody for your patience on that.
[Andre Leroux]: Dennis, can we... Excuse me, Mr. Chair, just, Mr. Chair. Can you just to be really clear, to make sure that the proponent understands the decision, can someone, maybe Dennis or somebody follow up with Yuri just to explain that?
[KaEkSOLEwkQ_SPEAKER_31]: Yep. Thank you. Yeah, so Yuri, we'll follow up with you just to explain the results of the decision.
[SPEAKER_13]: And that will be... All right, so the point is... Yuri, reduce and we solve the problem right now, right?
[KaEkSOLEwkQ_SPEAKER_31]: So right now you're limited to a six foot fence.
[SPEAKER_13]: Awesome. Awesome. Perfect. So everybody can take care about our life and their life. So, and let's go ahead. Easy, easy. Thank you. I thank you guys so much for a patient, for the time, for everything.
[KaEkSOLEwkQ_SPEAKER_31]: You're welcome. Okay. Moving on to the next case. Yvette, have you been able to join? Okay.
[Unidentified]: Next case, 65, Sydney.
[KaEkSOLEwkQ_SPEAKER_31]: What's that?
[Denis MacDougall]: Do you want me to read it?
[KaEkSOLEwkQ_SPEAKER_31]: For anybody that has joined that was looking to hear anything on 360 Salem Street, that application was withdrawn. We voted and accepted the withdrawal without prejudice.
[Denis MacDougall]: All right, 65 Sydney Street. Applicant and owner Matthew Salamone is petitioning for a variance in the Chapter 94 City Method Zoning to construct a shed over 200 square feet at 65 Sydney Street, which is too close to the existing house and the side plot line, which is not allowed for the City Method Zoning Chapter 94, Section 4.3.2.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Dennis. Do we have a representative for the applicant?
[SPEAKER_05]: Yes, Matthew Salamone.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Matthew. Go ahead and present the information you have for us.
[SPEAKER_05]: So first of all, the shed is under 200 square feet. And I want to make that clear because when I started building this almost two years ago, I was doing some research online. And at the time, I thought I had read if it's under 200 square feet with no electricity and no plumbing, it's within the code. I've since found out through Dennis and multiple visits at City Hall that each city has its own code regardless to what the state code is. So that's why I didn't think any permit or any permission needed because it was under 200 square feet. But that, I guess, is a Massachusetts general law. So two summers ago, I went to build this shed. And I did it because I just wanted to be able to store yard stuff, barrels and everything to make the house look better on the outside. I bought siding to match the house. I bought fencing to match the next door neighbor's fence. So when it was completed, it just looked like a shed that matched the house and everything. And then it was about three quarters of the way done and we got a cease and desist order. And since then, I found out a lot of stuff that I didn't know about permit and zoning. And I've spoken to Dennis multiple times. I've drawn a map of the property and the distances and stuff. And I guess what I've come to find out is because of the space on the side of our yard, I'm about two and a half feet off of what is allowed by MEDFED. So the shed is already up, the foundation, the walls, the roof, it just needs the siding and the door put on, but I haven't been able to finish it. And there's nowhere else on our yard on either side in the back to put it. So my request now that I have all the information is for a variance of two and a half feet from the property line. you know, our property line actually goes beyond our fence, but when you measure it out, it's just about two and a half feet, I guess, off of the seven and a half foot that's required. And like I said, this has been going on for almost two years. A lot of it was misinformation, you know, a lot of it on my part, but even since I've had the information, You know, we've done multiple times to try to get this resolved. And the last time I was in his office and he told me to fill out the form and apply for the permit and do the drawing and stuff. And I did. And we were supposed to have a meeting last month. But I. I don't know if I was supposed to be informed of it or if I was supposed to ask, but I didn't know. And that's the only reason we weren't there for the last month's meeting. And now we're here. So I'm hoping we can resolve this. Like I said, the shed is under 200 square feet, no electricity, no plumbing. I just want to be able to put the yard tools, the barrels, the picnic table, the summer chairs in it. So the house looks neat and there's nothing on the side of the house, because we have short chain link fence. So anything stored on the side of the house, you can see. That's pretty much it.
[KaEkSOLEwkQ_SPEAKER_31]: All right, thank you, Mr. Salamone. Opening up to any questions from the board members for the applicant. For board members on Zoom, go right ahead. No questions at the moment?
[Chris D'Aveta]: Mr. Chairman, can you hear me?
[Mike Caldera]: Yeah, so my question is, have you talked with your neighbor on that side about their thoughts on the position of the shed? I don't believe I saw an indication one way or the other in your application whether the neighbor you know, has a stance on the Shad, whether they support having it there.
[SPEAKER_05]: Hi, so since this has gotten to this stage over the last three or four months, I've seen and talked to the neighbor multiple times. Nothing has been brought up about the shed or anything, but this is a neighbor that is a single mother that I've known since I grew up when this house belonged to my great aunt and my father before I bought it. I snowblower house, I do her grass. I can't imagine she has a problem because I talk to her regularly in passing and she's never said anything. I mean, last year she dropped me a $50 Home Depot card in my mailbox because I snowblow her driver in a walkway. I haven't spoken to anybody about it, but the only neighbor that is next to me is somebody who, you know, I think that we know well, and I do a lot to help out in all the bushes that are on both of our property I maintain and everything. So, you know, I don't see that being a problem. The neighbor across the street, I don't know. And, you know, Nobody said anything when they put up an eight foot fence. The other neighbor across the street house has been condemned for three or four years and he still lives there and nobody talks to him. I mean, the house looks like it's from Jumanji. There's not really anybody who could complain, I think.
[Mike Caldera]: Okay, thank you. So what I'm hearing is maybe the immediately abutting neighbor didn't specifically tell you, yes, I like the shed there, but you have a good relationship with them and interact with them often. And they've had well over a year to complain and to your knowledge, they have no issues with it.
[SPEAKER_05]: Yeah, absolutely. Disregarding all the other stuff, the immediate abutting neighbor to the left of the house is, well to the right of the house, is somebody who I see in passing regularly and I help out with seasonal stuff at her house and they have never said anything for or against, it's never even been brought up. And just as like an added, not only did I get siding to match the house, I bought fencing to match the new fence they put up a couple of years ago. So it's like streamlined, it looks like it's one fence going across.
[Mike Caldera]: Okay, thank you.
[KaEkSOLEwkQ_SPEAKER_31]: Any other questions from the board or do we have the building commissioner on if you wanna make any comments? Chris, you had your hand up. Did you want to say something?
[Scott Vandewalle]: Building Commissioner? Go ahead, Chris.
[Chris D'Aveta]: No, I'm sorry. Actually, I just wanted to say that Michael asked my question. Thank you.
[Scott Vandewalle]: I was only gonna comment that we have basically two different codes in play here. The building code does not require a building permit per se, but Medford zoning ordinance does require a setback as an accessory structure. So that is the root of this.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Commissioner.
[SPEAKER_05]: Can I just add that, It may have not been the best way to go about it, but the research I did, I didn't know about that. I mean, it's just, I'm talking Google searches for Massachusetts and stuff, but it was just, all I really got out of it, which now I know isn't the totality of it, is that, you know, if it has electricity or plumbing, or if it's over 200 square feet, there's more to it. The zoning part of it, I didn't find out till later, you know, after we had already put it up, you know, and that's my fault.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you. I don't think we have any other questions from the board at the moment, so I'll open it for public comment. Sorry, no public comment that I can see. Do we have a motion?
[Mike Caldera]: I motion to close the public portion of the hearing and enter deliberation.
[SPEAKER_08]: Second.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Mary. Mike? Aye. Andre? Aye. Jim? Aye. Mary?
[MCM00000760_SPEAKER_21]: Aye.
[KaEkSOLEwkQ_SPEAKER_31]: And Chris? Aye. All right. We're in deliberation. Just for verification for voting, Mike, Andre, Jim, Mary, and Chris will be voting on this case. Anybody from the board go right ahead.
[Andre Leroux]: Sorry, I should have probably asked this during the question period, but I do. I was trying to look at the photos and Google Maps just to see, you know, my only, I guess, concern here and just question for the proponent is it looks like. This is something you're going like has a pretty big opening. I mean, are you like driving a lawnmower and snowblower up into it? And and if so, doesn't it looks like it's blocked by a fence in front. How are you getting those things in there?
[SPEAKER_05]: okay um so i can see why it would look like that but remember it's not finished um so the fence that's there is going to be the white fence to match the neighbors and i was going to put a hinge on it i actually it's a step down about two feet into the yard from that point there's like a little retaining wall and i already put like a um a concrete uh little ramp and that's just to walk the push mower and like stuff in from the front so we don't have to go over the deck in the back i don't have a riding lawnmower or anything but i knew getting like the lawnmower snowblower the table and chairs because the back is very narrow over the fence. I mean, over the porch and in that way is too hard. So the plan was from the front yard with the new white fence to be able to open it and go down and right back up into the shed.
[Andre Leroux]: Okay.
[SPEAKER_05]: It is not finished. It, it was going to be like a barn style door.
[Andre Leroux]: Got it. And the one thing that I didn't see in the pictures that I couldn't tell, and we didn't really, the only, the butter that you didn't really talk about was in the property behind you. What's the fence behind you look like?
[SPEAKER_05]: Uh, there's no fence. So like our chain link fence runs the length of our property in the back. And The, I guess, the house that you would be talking about the closest one there. is like probably 30 feet from our fence. Cause it comes off the Fells way. There's a long driveway and then like a backyard, but they don't have a fence. It's just our chain link fence. And then when you go to the neighbor, they have like a wooden fence. Their wooden fence goes to our chain link fence that's been there forever. So I don't really know.
[Andre Leroux]: Okay. And that house behind you is what it looks like a three story
[SPEAKER_05]: Yeah. In the last, like maybe five years, it was completely gutted inside out. I think it's a three family now. Um, I don't know. Cause I used to know the owner, but they've long passed. Uh, I think it's a three family and I don't know. We've never had any interaction with them.
[Andre Leroux]: Yeah. Okay. Well, thank you for clarifying all that.
[SPEAKER_05]: Mm.
[KaEkSOLEwkQ_SPEAKER_31]: Mike?
[Mike Caldera]: Yeah, so for the board to grant a variance for something like this, we need to establish that due to the shape, topography, or soil conditions of the lot or structures, there would be a hardship in a literal application of the zoning ordinance. And so I just want to note that in this case, the lot is relatively small, and the position of the primary structure is such that there aren't many, if any, locations that I can see for a shed like this to be placed without running into an issue with the side yard setback. So I do think that literal enforcement in this case would present a hardship. And furthermore, it seems the neighbor doesn't mind. Uh, the fence seemed sorry. The shed seems to be, uh, you know, a reasonable design and construction. So So, yeah, I think this might may meet the standard for a variance in this case.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Mike. Anyone else from the board? Chris, go ahead.
[Chris D'Aveta]: Thank you, Mr. Chairman. I agree with everything that's been said thus far, and I even would note that the applicant, uh, you know, I made the roof so that it drains onto his property and not the abutting property. So he's, uh, you know, looking to be a good neighbor. I would feel a little more comfortable if there were some letters from at least one of the uh, saying, you know, we have no problem with this, uh, for our purposes as a board and, uh, you know, to alleviate as well, the applicant for many, um, undo, uh, problems in the future. It would be good to see that on the record as part of the record.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Chris. Any other board members? I would agree with Mike's perspective on the variance. The lot is small, and the positioning of any size shed is gonna end up on a setback on any neighbor's side here. I appreciate Mr. Salamone's honesty up front. Obviously, did your due diligence as best you could. Chair awaits a motion.
[Mike Caldera]: I'll motion to approve the variance for 65 Sydney.
[KaEkSOLEwkQ_SPEAKER_31]: I'll second. Thank you, Mike. Thank you, Jim. Andre? Aye. Jim? Aye. Mary?
[MCM00000760_SPEAKER_00]: Aye.
[KaEkSOLEwkQ_SPEAKER_31]: Chris? Aye. Mike? Aye. Thank you, everybody. Five affirmative, the variance is granted. Mr. Salamone, you're good to proceed.
[Denis MacDougall]: All right, so Matthew, I have to write up the decision, so it'll take me a little bit of time to get that to you, but once I get that in hand, then it'll get filed in the clerk's office, and then once that passes 20 days in the clerk's office, you'll be able to get the actual full building permit and go right ahead, so.
[SPEAKER_05]: Okay, Dennis, sorry, should I come and see you in a couple weeks? Will you notify me? Yeah, I'd say so.
[Denis MacDougall]: I'll give you a holler when it's filed and send you a copy. And then from then we can work on the timing for the filing for the permit.
[SPEAKER_05]: Okay, I appreciate it. And just so the board knows, as soon as everything's okay, we're gonna get it finished right away. We've been waiting a long time with a almost built shed. So it'll be done right away. All right, thank you. Thank you. Thank you.
[KaEkSOLEwkQ_SPEAKER_31]: All right, the next case, 160 Forest Street.
[Denis MacDougall]: One 64th Street after Pamela Schaefer's position for various chapter 94 city met for zoning to install fence over 6 feet tall one 64th Street which started with city met its own ordinance chapter 94 section 4.2 point 4.5.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you Dennis just a process voting members for the site will be Mike Andre Jim Mary and myself. Do we have a representative for the applicant and the applicant. Thank you name and address for the record and you can proceed.
[SPEAKER_11]: So sorry Pamela Schaefer 164th Street.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you go ahead.
[SPEAKER_11]: So I have a lot which is the backyard to my home and it's on the corner of Forest and I'm so sorry I forget the name of the side street behind me. And so that corner is the lot where I want to put the eight-foot fence. Right now, there's a four-foot fence in that same area already. I'm putting in a pool, which I've already received the permit for, a swimming pool. And so with that process going in the four-foot just really concerns me because it's right on the sidewalk of people being able to go over it or have access. So I really wanted The 8 foot fence, and I know that there's an issue with the corner and traffic is why there's sometimes an issue, but the traffic is coming from the opposite direction. So it won't block the view of people pulling in and out. Anything else that I need to tell you.
[KaEkSOLEwkQ_SPEAKER_31]: Did you have any. Did you want to go through any of the documents that were sent showing the lot lines?
[SPEAKER_11]: If you have any questions that the survey was done just recently for the permit for the pool. So there's a survey that shows the lot lines and also where the current fences, the fence would be in the same placement, but just higher.
[KaEkSOLEwkQ_SPEAKER_31]: Yeah, we'll bring we'll bring that up real quick. While we're bringing that up, I'll proceed to let the board ask any questions of the applicant.
[Andre Leroux]: Yeah, this is Andre, Mr. Chair. Why not a six-foot fence? Why go to an eight-foot fence?
[SPEAKER_11]: Really, just my concern with the sidewalk being right there, I just wanted that extra height to just be confident that there's no access. It's really cool that my lot on both sides, the sidewalks right there.
[Andre Leroux]: I will just note that an eight-foot fence, it looks like when I just look at it, there's a tree on the sidewalk, public tree, and with an eight-foot fence would be hitting the branches there.
[SPEAKER_11]: Oh, I think that tree is actually in my yard that you're looking at. The only large tree is in my yard in that area. It's on the inside of the fence. Right at it, but on the inside. I see.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you.
[SPEAKER_11]: Yeah, you're welcome. There's no other large trees in the area.
[KaEkSOLEwkQ_SPEAKER_31]: We've got the plot plan. We'll put that up now.
[SPEAKER_11]: Sure.
[Denis MacDougall]: Oh, the survey.
[KaEkSOLEwkQ_SPEAKER_31]: Sorry, just having a technical. We'll continue with the questions for now while we get that up. Mike, go ahead.
[Mike Caldera]: Yeah, this is a question for the building commissioner. So I know that there's two parts of the zoning code that could be triggered by a request like this. One is the fence height. And so because this is a corner lot, most portions of the fence are within 15 feet of the, road, and so it's four foot rather than six foot is the standard. There's also the portion of the ordinance that pertains to corner visibility, which is a bit more technical and a little bit harder to back of the envelope measure, because that's to do with, I think, like two and a half foot from the curb and then a seven foot plane or something like that. Do you happen to know if there's a certain height max height where this fence would start to trigger the corner visibility requirements as well?
[Scott Vandewalle]: I recall right it says any point between two and a half and seven feet has to be unobstructed back 20 feet from the intersection of the two curb lines. So it could trigger that back corner of the back of the lot between Clifton and Lawrence, yes.
[Mike Caldera]: But do you know the highest it could go without triggering that?
[Scott Vandewalle]: It's my understanding, if I recall, that you're just not allowed to obstruct between 2 and 1 half and 7 feet, not obstruct the view in those dimensions for a portion off the corner of the lot going back 20 feet. So you'd have to basically skew the fence off or literally remove it at that corner and come back into the yard further. I see.
[SPEAKER_11]: OK.
[Scott Vandewalle]: Yeah.
[SPEAKER_11]: That's why I mentioned that corner sorry, just because the traffic's coming from, if you're exiting Clifton Street and the corner would be on your right that I'm looking to fence, then the traffic will be coming from the left. So that's why I was explaining that would help or eliminate that obstruction concern.
[Scott Vandewalle]: My only concern is Clifton seems to be a dead end. Is that correct?
[Unidentified]: Yes.
[Scott Vandewalle]: Traffic is going to be coming out to Lawrence wanting to take a right turn onto Lawrence. Right. And your fence could obstruct their view. Yes.
[SPEAKER_11]: That's what I was saying. The traffic will be coming from the left when they take a right onto Lawrence. So they'll be looking in the other direction of the fence. So it wouldn't obstruct that view because the traffic's coming from the opposite direction. when you're pulling out?
[Scott Vandewalle]: Based on the way the law currently reads it, it's a concern. Yes.
[KaEkSOLEwkQ_SPEAKER_31]: Any other questions from the board for the applicant? Okay, I know we're trying to bring up the plot plan, the survey, but I will open it up to public comment. If anybody from the public wants to speak on this case, please raise your hand and zoom.
[SPEAKER_09]: This I have something I'd like to say, but I can't figure out how to raise my hand. I'm sorry.
[KaEkSOLEwkQ_SPEAKER_31]: Okay, I see Sarah Willis on zoom. Go ahead. Yes.
[SPEAKER_09]: And I mean, my address. Yep. I'm at 168 4th Street. And so I just have like two concerns are really and so the first one is related to the visibility of traffic because from Clifton you can turn left or right. It's not, you know, a one directional turnout. So that is one concern that we do have. you know not thinking that over six feet is really necessary um uh if six is the kind of the standard um so not sure why another two feet would be needed especially if visibility on that corner would be an issue um especially with people pulling out and pedestrians being there as a pedestrian you can't see around that corner if that fence is high um so it's a little bit um from a safety, from a walking standpoint, and as someone who walks the neighborhood quite frequently, you know, I do think about those things. The other piece is, you know, we've lived on this corner for about five years now, and we haven't been able to see any sort of regular goings in and out of the property in terms of like, is the pool for like, if there was a family living there and there's a pool for a family, you know, you see kids, you see, you know, people coming in and out pretty regularly. That is not the case. And so that just makes a red flag in my mind. I just want to make sure that this pool is not going to be for commercial use, like, for an Airbnb or for the new apps where you have pool and you can rent pools by the day, because that then brings in a, like, parking traffic, people from outside who aren't, you know, Medford neighbors into the neighborhood. And so those were just the two concerns that I wanted to raise today. And that would be it.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you miss was I can. Obviously we're here to speak with specifically regards with the height of the fence and also the concern for the corner visibility. We actually cannot make any decision with regards to the pool itself. Got it. Thank you. Any other public comments.
[Andre Leroux]: Well, Jamie, we did have on a butter letter. I don't know if Dennis should read that, it's pretty short. Or email.
[KaEkSOLEwkQ_SPEAKER_31]: Mike will read that and he's got it open.
[Mike Caldera]: All right, so this is already in the public record, but just reading it for those listening. So it's from a Joseph Toomey at 67 Clifton Street to whom it may concern. I received a postcard in the mail stating there will be a hearing on a proposed fence over six feet at 164th Street. I was informed the proposed fence would be eight feet in height. I would like to be on record opposing an eight foot fence due to safety concerns at Clifton Street. I also believe an eight foot fence would take away from the beauty of the Lawrence Estates neighborhood. I have no opposition to the proposed fence being six feet in height. Thank you, Joseph Toomey, 67 Clifford Street, Clifton Street, sorry.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Mike.
[Mike Caldera]: I motion to close public comment and enter deliberation.
[KaEkSOLEwkQ_SPEAKER_31]: Do I have a second?
[Andre Leroux]: Seconded.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Anders. Mike? Aye. Andre? Aye. Jim? Aye. Mary? Aye. And Jamie? Aye. We are in deliberation. So for the board, we are discussing initially the variance request for an eight foot fence. And we also have to address the concern for the corner visibility at Clifton and Lawrence. Any comment, any discussion from the board?
[Andre Leroux]: Yeah, this is Andre. Um, I, I understand, uh. You know, the 4 foot fence all the way around the pool is doesn't give a lot of privacy. Um, so I'd be willing to consider a 6 foot fence. Um, I think that an 8 foot fence is. A little superfluous. It's. I don't see why that would be necessary. And I think it does have an adverse impact on the rest of the neighbors. The corner piece, I think that I could be convinced to go along with a variance for a six foot fence at the corner.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Andre. Mike?
[Mike Caldera]: Yeah. Um, so I'm sympathetic to the observation that if you are looking to turn right from Clifton street, you're looking essentially across the street. Like, so you have the whole other lane of the street and you have a reasonable angle to see if a car is coming in that direction. I do think, especially a very large fence, could potentially impede visibility for those turning left. And there certainly are plenty of routes in that area where you'd want to turn left. It does look like someone could potentially safely drive out to the edge of the fence, look left, make sure there's not a pedestrian, and maybe inch out, and then you know, check on the right hand side. So with that being a dead end road with not a lot of traffic, I'm not as concerned about the traffic, but I don't see any real hardship or legitimate basis for an eight foot fence in this case. The lot is unique in that it's a corner lot on three sides and one of those sides where the fence is proposed is a dead end road. So I think there's some argument to be made that four ft around shouldn't be the standard. Um, but barring some weird topography The vast majority of Medford residents with pools have six foot fences. So I don't really see any hardship justifying an eight foot fence, whether that's for privacy reasons or safety reasons or anything else. So I could get behind six foot. The residents who spoke seem to support six foot rather than four foot. But I definitely am not supportive of eight foot.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Mike. I saw the commissioner's hand raised. Commissioner.
[Scott Vandewalle]: Yes, I just want to clarify. Four foot is what's required by building code for a barrier to a pool. Six foot is a zoning issue. Anything above and beyond this where the variance process would kick in. So when we talk about those two different numbers, that's where they come from. I still have some concern. Without having talked to the traffic engineer, I did not receive any paperwork on this case. I'm sort of going by what you're telling me. I may suggest you talk to the city's traffic engineer about that corner and how the flow of traffic works there before you grant a variance to allow fence to block that corner. That's my comments for now.
[Mike Caldera]: Jamie, if I may, through you, my understanding, though, is because this is a corner lot and the fence is within 15 foot of the road, that that also triggers the forefoot. So I think my understanding is anything above forefoot is in need of zoning release. I don't know if I'm wrong about that.
[Scott Vandewalle]: Again, I don't have the book with me at this point in time to verify. It was my recollection that they want a clear view from two and a half feet to seven feet tall. But I would have to research that and get back to you on that.
[Mike Caldera]: Yes. So also, again, through Jamie. So perhaps additionally, the corner visibility triggers. I think two things would be triggered almost certainly by an eight foot fence. It's the corner visibility and the the requirement that the fence be no higher than four feet if it's within 15 feet of the front yard. So yeah, I think the two separate bits of relief are needed.
[KaEkSOLEwkQ_SPEAKER_31]: Okay, I've got the file just so we can take a look at that plot plan Commissioner we just I was talking with Dennis he explained that this was sent directly to us because it was a clear violation. So that's why you hadn't seen anything yet. Just going to get sharing privileges. Okay, so everybody should be able to see that now. So here we are with the lot just for reference. I'm in agreement with the other board members comments at the moment with regards to six foot around. Obviously, the four foot having, you know, with regards to privacy, having the pool on this lot abutting the two streets, you know, you can absolutely see the request for a six foot for privacy. The corner is my concern. I guess for discussion for a path forward to the commissioner's point, the traffic department hasn't had a chance to take a look at this. I think we have seen in the past scenarios where that corner, I mean, obviously you can see the distance, the 15 feet to the pool, 17 feet from that corner. If you push the fence back to that, you're pushing the fence back to the pool. So obviously from that design, that's not a functional for the lot itself. We have seen situations where with evaluation, we've done a shorter distance back into the lot. I believe we had a situation where we did eight feet back and did across from post to post at that distance. But I think we would need to have, at least at a minimum, have traffic take a look at it. Any other thoughts from the board?
[Mike Caldera]: So perhaps before we get too deep into analysis, we should check in with the applicant, whether they would be amenable to or whether if the options were between a six foot fence, uh, or no variance at all, whether they would still be interested in relief.
[KaEkSOLEwkQ_SPEAKER_31]: Uh, Mr. Shaver.
[SPEAKER_11]: Yeah, absolutely. I would welcome, you know, the option of six feet if the board is not willing to grant the eight feet. And I would really prefer to not have it the setback because it does limit the space in there. And the sidewalk is fairly significant there on the corner and it being a dead end street, I would hope that would be allowed.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Ms. Schaffer.
[SPEAKER_08]: Thank you.
[KaEkSOLEwkQ_SPEAKER_31]: I think as we've discussed, I mean, the lot is flat from a hardship perspective for the need for a taller fence. I do not see that hardship existing and I would be comfortable with the six foot fence.
[Mike Caldera]: So point information though, Jamie, my understanding is that a variance is still required at six foot. So I think because it's not because it's within the 15 because it's due to this being a triple or like a double corner lot, it has three front yards and it's within 15 foot. of the front yard on most sides. So I believe we know with certainty that a variance for fence height would be required for anything over four. And then, um, it sounds like since the building commissioner hasn't had a chance to review the case, we don't know the amount of relief that would be required, if any, at six foot or at four foot for the corner visibility. So we don't know the amount of relief that would be required for that, but we could, if the board was comfortable, just, I think, waive that entirely. the corner visibility in light of it being a dead end street. So yeah, two pieces of relief are required, even at six foot is my understanding.
[KaEkSOLEwkQ_SPEAKER_31]: Go ahead, building commissioner.
[Scott Vandewalle]: If I recall, the section of the ordinance does state that it's backed off from an intersection of the two curb lines where they meet, which is actually a point somewhere out in the street. I would ask that the engineer, Medford Engineering Survey, calculate that number and show it on the drawing as to how much relief is specifically needed so we have a line to measure in the field. Because right now, if you give her the relief, it is what it is. If you choose not to, then we don't have any point to take a demarcation back from the fence. I just want to make sure that's all clear, that we come up with a number on a drawing, or we just waive the whole thing and we don't have anything to check when we get out in the field.
[KaEkSOLEwkQ_SPEAKER_31]: Okay so for discussion point that sounds like we're considering continuing to have the building department go out and take a look at what we're looking at for relief or granting relief without having a specific.
[Andre Leroux]: Distance yeah Mister chair this is Andre I'm not I'd be inclined to kind of wave wave it. But the corner. You know, requirement there and go with the 6 foot. I think that's where we're going to end up anyways. And. I think it's reasonable for what's being asked for. And in the location where it is, it's just my perspective.
[KaEkSOLEwkQ_SPEAKER_31]: Okay, thank you. Mike.
[Mike Caldera]: Yeah, I agree with Andre. I'm going to leverage just some. information as a resident who happens to live near there and drives by it all the time. I think it's with it being a dead end street and a fairly wide sidewalk and pretty close to this traffic light, I think it's I know enough about the area that I'd be comfortable waving the corner visibility requirement. Um, And I do think that has the upside of getting the applicant to a decision sooner. The two residents that spoke are also okay with six foot.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Mike. Any other discussion from members of the board?
[Chris D'Aveta]: Yeah, I agree with Mike on that too, as a resident in that area as well.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Jim. Go ahead, Mike.
[Mike Caldera]: All right, so I will motion to approve a variance for fence height on the condition that the fence is no taller than six foot and also to approve a I think it's a special permit to waive the corner visibility requirement for this fence project.
[Chris D'Aveta]: I'll second that.
[KaEkSOLEwkQ_SPEAKER_31]: Sorry, not on mute. Thank you, Jim. Roll call vote for Andre. Aye. Mike? Aye. Jim? Aye. Mary? Aye. And Jamie? Nay. All right, we have four affirmative. We have approval for a variance for six foot fence height and special permit for the corner visibility.
[SPEAKER_09]: Thank you very much.
[KaEkSOLEwkQ_SPEAKER_31]: Dennis?
[Denis MacDougall]: It's a mission for I will be working on the decision and I'll get that to you as soon as I can and then once it's filed in the clerk's office is a 20 days kills period. After that kills period is passed then you can get the building permit.
[SPEAKER_11]: Okay, I didn't realize the 20 days. Thank you so much. I appreciate all of your assistance. Thanks so much to the board.
[SPEAKER_08]: Thank you.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, everybody. That is all the cases that we had on the list for today. Dennis, do we have any administrative updates? I'm still on.
[Denis MacDougall]: No, nothing on my end. Just to confirm for our next meeting, the next scheduled one would be July 25th, but maybe we should check on member availability while we have folks on the line.
[KaEkSOLEwkQ_SPEAKER_31]: Okay, so for everybody that's on the call, do we have any conflicts for the July 25th meeting at 6.30?
[SPEAKER_08]: Is it via Zoom or in person?
[Denis MacDougall]: It'll be at least on Zoom, possibly hybrid. We're still working on the logistics of that, but you have the option to do it over Zoom, absolutely.
[SPEAKER_09]: Okay, no problems, thank you.
[Andre Leroux]: Yeah, and this is Andre. I can only do it remotely.
[Mike Caldera]: Um, so for me, I, I'm flying back that day. I should be able to make it. Um, but yeah, there's a chance something will get messed up and I, I won't be present.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you. Um, Jim, I'm good. I'm good for the joint. Thank you, Jim. Chris.
[Chris D'Aveta]: Yeah, I will probably have to be remote as well, but it should be good.
[Andre Leroux]: Mr. Chair, this is Andre again, sorry. One question maybe for Dennis. Dennis, is it possible to just send out a recurring monthly calendar invite for the last Thursday of the month? That way we just have them going forward and we can see all the dates.
[Denis MacDougall]: Yeah, I can do something like that. The only, yeah, there's just a few instances in which it'll conflict. So we just gotta be aware when we get to like Thanksgiving and Christmas and things like that, but I can do that.
[Andre Leroux]: Okay, thank you.
[Denis MacDougall]: Just so you have it, so it's popping up.
[Andre Leroux]: Yeah, yeah, that'd be great.
[KaEkSOLEwkQ_SPEAKER_31]: All right. Anybody else from the city with administrative update? So I think we're good. Thank you, everybody. not yet.
[Denis MacDougall]: I don't have them for you, but it's on the agenda. So the meeting minutes will be forthcoming, and they'll be approved by the next one. And just sort of as a point of order, since she is actually on the call, I believe this will probably be Rachel's last zoning meeting. sitting in and taking minutes and things like that. And I just would like to say publicly thank her for everything that she has done for the last few months, six months plus helping us with meeting minutes and other sort of things. So much appreciated.
[Andre Leroux]: Thank you, Rachel. Thank you.
[SPEAKER_08]: Thank you.
[KaEkSOLEwkQ_SPEAKER_31]: All right. That's everything on the agenda. Do we have a motion?
[Mike Caldera]: I'll motion to adjourn.
[KaEkSOLEwkQ_SPEAKER_31]: I'll second. Andre? Aye. Jim? Aye. Mike? Aye. Mary? Aye. Jamie? Aye. Thank you, everybody. Good night, everyone.
[SPEAKER_08]: Good night.