[KaEkSOLEwkQ_SPEAKER_31]: Good evening everyone, welcome to the September 26th meeting of the Medford Zoning Board of Appeals. For a roll call, I just want to confirm members of the board that are present. Jim Tirani. Aye. Andre LaRue.
[Unidentified]: Aye.
[KaEkSOLEwkQ_SPEAKER_31]: Yvette Velez.
[Yvette Velez]: Present.
[KaEkSOLEwkQ_SPEAKER_31]: Christy Aveda. Present. Mary Lee. And Mike Caldera is absent tonight. Dennis, we don't need to read the open meeting language anymore, correct? That is correct. Yes.
[Denis MacDougall]: Okay, but I will read the. 1st, the case 39 task street case number 8 dash 2024-21. applicant owner is to install addition on the preexisting non performing house at 39 task street, and then the front and side yard setback, which is not allowed for the city of chapter 94 table table dimensional requirements.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you. And we have a representative for the applicant.
[SPEAKER_03]: I'm representing myself.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you. If you could give your name and address for the record.
[SPEAKER_03]: My name is Lubna Kiadi. Address is 39 Taft Street in Medford.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you.
[SPEAKER_03]: You're welcome.
[KaEkSOLEwkQ_SPEAKER_31]: And if you could go ahead with your presentation.
[SPEAKER_03]: So the house is currently, when we purchased the house, it was two bedrooms. a single family house. I have three kids, my mom living with me. So we need to expand the size of the room to at least four bedrooms so we can all have a privacy, kids can have privacy, me, my mom, my husband. I was looking forward to extend the size of the family and one of the bedrooms, which puts me in a situation that I'm not meet the requirements for the street and the border with my neighbor. It's not too much that I need to expand, it's only, The size is like 8 inches or 8 feet. So currently my son is having asthma from sleeping in the basement. And it's getting worse. So we have to... So we're in a situation that we have to add another second floor. It's not optional right now.
[KaEkSOLEwkQ_SPEAKER_31]: OK. Do you want to display any content? Do you want to have Dennis share any of the files that you sent over?
[SPEAKER_03]: Do I have to?
[Denis MacDougall]: No, I can do it. I can show the map, sort of the plan that sort of shows the house if you want. So everyone can sort of visually see it. Let me do that right now.
[KaEkSOLEwkQ_SPEAKER_31]: Yeah, the lab plan would be the best item.
[Denis MacDougall]: All right, is everyone seeing this? Yeah. Okay. Let me just zoom in a little bit. That's too much, I think. Sorry.
[Unidentified]: No worries.
[Denis MacDougall]: Here we go. Where my arrow is, this is the corner of the house that's adding on that's requiring the the zoning position.
[SPEAKER_03]: Yeah. The red line, that's where we need to expand from the side. It's like two feet on six.
[KaEkSOLEwkQ_SPEAKER_31]: Then seven feet coming forward to the street.
[SPEAKER_03]: That has already existed, the one in front. So we're not changing the measurements. We're just extending the wall.
[Unidentified]: Yeah.
[KaEkSOLEwkQ_SPEAKER_31]: Okay. Any questions from the board?
[Unidentified]: Commissioner?
[Scott Vandewalle]: I do want to clarify the front setback, both corners come into play here as encroachments on the front setback. So they're both, you're looking at both the two as a finding or a special permit for finding for an extension of non-conformity on both corners.
[KaEkSOLEwkQ_SPEAKER_31]: Yep. Thank you for the correction. It's the one corner for the side yard setback and then both corners for the front.
[SPEAKER_03]: Yeah, both sides.
[KaEkSOLEwkQ_SPEAKER_31]: Correct. Correct. Any questions from the board? I'll just throw that out there one more time. And just a clarification for me to everyone, the, the original filing in the note was that this was a request for variance, but the commissioner did just qualify and we did discuss that. This is will be a special permit, not a variance.
[SPEAKER_03]: Okay. The size of the room, it won't be in a good size room and a good size living room to extend the sides. And the rooms will be in a weird shape if it's not extended from both sides. Thank you.
[KaEkSOLEwkQ_SPEAKER_31]: Okay, Chris, go ahead.
[Chris D'Aveta]: Yes, I just have a, you know, sort of a question about whether or not that area in the front of the house, since we don't have an elevation or photo, was that originally a porch? And is it an enclosed porch?
[SPEAKER_03]: It's a closed porch.
[Chris D'Aveta]: Yeah, so I don't know if that that doesn't factor into our discussions tonight, I guess, if building commissioner feels that's... So we don't have the thing that we don't have that like a sidewalk in the street.
[SPEAKER_03]: So there is a lot of houses in our street that they have that wall like that close to the streets. It's not, that's how the streets as we don't have like a sidewalk and like their houses, they're already built like that.
[SPEAKER_02]: Hi, how are you guys? So I'm Briss. So I want to just explain to you that the front is like, it's called like a sun room. It already exists. We will not add anything in the front. So it's already sun room. It's fully enclosed already. We're going to only add the sides, like two feet and a half on the right and two feet on the right, on the left.
[Chris D'Aveta]: Yeah, I understood what the proposal is. I just didn't know. Perhaps, Mr. Chair, through you, to the building commissioner, is there any factor other than the type of construction that's done on that? proposed extension that would differ from it being a different portion of the house? It doesn't matter from our perspective. It's just the setback that we're looking at.
[Scott Vandewalle]: It's considered part of the structure, part of the footprint being fully enclosed. It doesn't really have any bearing per se.
[Chris D'Aveta]: Okay.
[Scott Vandewalle]: That's all I was curious about. Thank you.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Chris. Any other questions from the board before we open public comment?
[Yvette Velez]: I have one question. That addition, that's from the top through the bottom, right? Because they're adding that bit for the second floor?
[SPEAKER_03]: Yes. Yeah, we're adding that in the second floor too. All right. Thank you. You're welcome.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you. All right, we'll open to public comment for anyone that is in the meeting that would like to comment, please raise your hand on zoom or on the screen. And if you want, you can also send an email to Dennis at the city and D and McDougall. at medford.ma.gov. Thank you, Dennis. That's now in the chat. I'll just give that a minute. And Dennis, we didn't receive any letters from the public prior to the meeting, correct, from our vendors? Sorry, you're on mute.
[Denis MacDougall]: Uh, your letters for the board, there were some letters with questions about the project, but nothing that would be that were that was asked to submit to the board.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you. I don't see any hands raised in zoom. Do you have any other anything else in email Dennis?
[Denis MacDougall]: Sorry, you're back on mute. No, I do not.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you. All right. Chair awaits a motion to enter deliberation. To close the public comment and enter deliberation.
[SPEAKER_03]: Are we going to know the decision today?
[KaEkSOLEwkQ_SPEAKER_31]: Yep, the board's going to discuss it now.
[SPEAKER_03]: OK, thank you.
[Chris D'Aveta]: I second that motion. Somebody needs to make it first. Oh, I thought you made it. I can't make it. I mean, yeah. Make the motion to close public comment. And enter deliberation.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, guys. And enter deliberation. Roll call. Yvette?
[Yvette Velez]: Aye.
[KaEkSOLEwkQ_SPEAKER_31]: Jim? Aye. Chris? Aye. And Andre? Aye. And Jamie, aye. All right, from a deliberation perspective, again, this is for a special permit, not a variance, so we're going to be looking at circumstances relating to soil condition, shape, topography of the land or structures, where a literal enforcement of provisions of the ordinance or bylaw would involve a substantial hardship, financial or otherwise, to the petitioner. and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the ordinance or bylaw. So, this is for the board's discussion.
[SPEAKER_03]: Oh, okay.
[KaEkSOLEwkQ_SPEAKER_31]: All right. Anything for discussion from the board?
[Andre Leroux]: Jamie this is Andre you know, I think this seems reasonable to me, I think we want to. It doesn't exacerbate any you know any detrimental impact I think on on the neighborhood and it would seems like it's something that that we could do it's a modest modest ask and modest give.
[SPEAKER_03]: Thank you.
[Chris D'Aveta]: Yeah. Oh, I'm sorry. Similarly to Andre, I didn't really have any issues with it, especially if, you know, if, as Dennis says, there are no objections from the abutters and would only be the immediate abutters, I imagine, that would be, you know, interested or affected by such a change. And it's pretty minimal.
[SPEAKER_03]: Thank you.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you, Chris. Yeah, I'm in agreement. Obviously we're looking at the extension of a pre existing condition. There's no increase to that either. So I definitely see the need for the family with regards to the improvements to the property and the fact that it does not extend. This is an extension, not an increase. to the nonconformity. So I don't see any negative impact to the area, for the neighborhood. And obviously from a construction perspective, with regards to the position of the property, there's not much else they can do with what they're planning to move forward with.
[Unidentified]: I also agree with everything that's been said. Thank you, Jim. You're welcome.
[KaEkSOLEwkQ_SPEAKER_31]: Chair awaits a motion.
[Andre Leroux]: A motion to approve the special permit for 39 Taft Street. Seconded.
[KaEkSOLEwkQ_SPEAKER_31]: Thank you and thank you Chris Roco Andre. I. Chris I event. I Jim I and Jamie I. You have so we've got an approval for the special permit. We don't have an attorney on your side, Dennis will work on putting that decision together.
[Denis MacDougall]: So, Luna, I'll write the decision. I'll try and get it in and get it signed as quickly as possible. It's gonna get both. After we do it, it's going to get checked by our legal counsel, which is usually a pretty quick turnaround. And then the board members will sign that, and then it gets filed in the clerk's office. And then after that, there's a three-week waiting period before you can actually get your permit. But you can go into the building department and sort of talk about steps you need to do to get that building permit in the interim. But you can't actually get the final permit until all that time has passed. So it'll take a little bit of time, but we'll try to get this through as quickly as possible for you.
[SPEAKER_03]: Thank you so much. Thank you so much, guys, for your time.
[Unidentified]: You're welcome.
[SPEAKER_03]: I understand it.
[Unidentified]: Okay, I believe that so that is our only case for today.
[Denis MacDougall]: So the only administrative... A couple other things, so yeah, so we do have the meeting minutes, not from the August meeting, but from the July meeting that I sent to you after the last meeting for approval, if we, you know, if folks reviewed them or not, but we can get a vote on that.
[KaEkSOLEwkQ_SPEAKER_31]: We have the did everybody have an opportunity to review those minutes.
[Denis MacDougall]: If we can just do it at the next meeting, that's easier.
[Andre Leroux]: Yeah, if we could do it at the next meeting, that would be great.
[Denis MacDougall]: Okay, yeah, thank you. So, we can table that and then the other thing, which we need to discuss is a couple of things is basically scheduling for the basically the next. We can do at least next month, but just as sort of a. Heads up that, you know, October meeting is Halloween. So, I don't really see having a meeting on Halloween. The November meeting is Thanksgiving. And the December meeting is the day after Christmas. So. I think I would like to sort of at least, at the very bare minimum, get a date for the October meeting. And hopefully, you know, I think we can sort of discuss the other ones as well. We've got five of us here, so I think we can... Isn't that called a trifecta or something? Pretty much, yeah. Usually, it's two out of three. This year, it's usually... Last year, because Thanksgiving was so early, we actually didn't have to move the November meeting. We usually have to move that one. And usually it's that one Christmas, but this year, yeah. Okay, so let's start with the October week. We need to move it forward a week, which would, I mean, luckily it's a, it's a three, it's a four, it's five Thursday month. So it wouldn't be the fourth Thursday in this case, 24th. Um, that would give a little bit of a tighter window for people submitting applications, but we're kind of nearing, you know, basically that, that still, four weeks. So I just need, I basically would need stuff by the end of next week in order to get the ads in the paper. I should know the 10th. Yeah. I have to get the ads in by the 10th. So that gives us another, almost like two, two full weeks. Yeah. So, um, it's doable. I think the main reason why I'm kind of maybe pushing for that one is that I will be out of town on November 7th.
[KaEkSOLEwkQ_SPEAKER_31]: So, and the seventh doesn't work for me either.
[Denis MacDougall]: Okay.
[Scott Vandewalle]: How many cases are already on next month's agenda?
[Denis MacDougall]: Right now, none. One that I've been talking to the applicant and they're going to be submitting in the next day or so, I believe. So that's one. And then the one in Elm Street, and I don't know, I know that Attorney Desmond has been speaking with staff about what to do with that one. And I don't know if that is actually going forward or not. So I don't know the status of that right now. I don't know if you all do.
[Scott Vandewalle]: Danielle might know more, but is she essentially withdrew?
[Yvette Velez]: I haven't heard anything from her. Okay.
[Scott Vandewalle]: Yeah, she notified us a while back that she was going to put it on hold or withdraw. And we made it clear that your withdrawal does not trip the constructive approval clock. And she agrees. But I have not heard anything recent either about what her plans are to come back with anything. So it's unknown. just sitting out there.
[Denis MacDougall]: I can check with her, but so that's a possibility. I think the other one I think is going to go forward. And then there might be one other one that they're working on getting their things together. So it doesn't look like it would be the only other thing which will probably be on that hearing that if we do it, then is, um, the 4,000 miss Charlie Parkway 40 D they've made some. There's been some tweaks to the design, which would merit having come back before us for approval. Um, And the way that process works is that they submit and then we have 20 days to have a meeting. So I've been talking to them and they're going to like whatever date we schedule our meeting for, they'll file within those. So they're not trying to screw us over and, you know, trying to force us. And they agree that, you know, let's just do it on the regularly scheduled meeting. They were fine with that to move forward. That would probably also be that meeting. Because I think if we just go back from the 24th, that means they have to submit by Friday the 4th, which I'm relatively sure that they are ready to do so. We're looking at then October 24th for the October meeting, unless anyone has any conflicts.
[KaEkSOLEwkQ_SPEAKER_31]: Yeah, Jim, Andre.
[Yvette Velez]: I'm out. Yeah, I have my board meeting for my building. So I'm at another meeting. Okay. 24th, sorry.
[Chris D'Aveta]: October 24th. Yeah, okay, I am available. I am taking a vacation tour at the end of October, so I'm not 100% certain whether I will be available or not.
[Andre Leroux]: Should be able to do it by zoom.
[Unidentified]: I will, I will be available. Did Mary ever join?
[Denis MacDougall]: No, no, yeah, she was. At a wake, so I don't know if she was a little unsure of how long she was going to be there. That's just understandable. So. But I think.
[Unidentified]: To.
[Denis MacDougall]: 3 million at least.
[Andre Leroux]: It sounds like we should go for it and yeah.
[Denis MacDougall]: And if need be we can you know it. You know, but I was let's let's put a pin on that one for that they'll contact. The attorney for the sky Parkway and tell them that we're looking at that they know I'll send an e-mail and you can get Mary and Mike as well confirmation that I'll do that but that so maybe in that case maybe If we do that, then we November into the 20. Do we do that? And then we do the. Do we kind of move them all up a bit a week or. Maybe we can put a pin on the November 1, just in case. And then same thing with the December, just sort of get the October 1 sort of sorted. And then that might sort of lead us to when the other meeting is going to be. I'm kind of looking at weeks in between meetings. So we do it on the 24th, and we push the November meeting to the 5th of December. That's like a long time in between. So maybe the 21st then.
[KaEkSOLEwkQ_SPEAKER_31]: And then if we do... And then now we're still in the Thanksgiving holiday. You've still got three weeks.
[Denis MacDougall]: Three, four weeks pretty much between meetings. So I think that's usually enough time to sort of get stuff in, especially given the new process, I think. Things go in a little bit quicker. So as long as I get time to get the lead client in, that's really all that we need to worry about.
[Yvette Velez]: So we're saying Thursday, November 21st?
[Denis MacDougall]: At the moment, yeah. As a temporary one, yeah, I think that's because that'll be basically four full weeks in between hearings, as opposed to six weeks if we do the other one. And then same thing with, I think around Christmas, I think that might Maybe we can hold off on the Christmas one for now, the December one for now, just because it may be the 19th or the 2nd. I think the 2nd is probably more likely because people go away. People are planning trips. Christmas is sort of tougher before. Christmas time is tougher before the 25th than it is after for people's scheduling. I know I got nothing going on, but I'm a, I'm a single guy with no kids. So. I'm not my schedule is pretty wide open.
[Yvette Velez]: I booked my travel already for. That month, so I'm here for the 19th, but I'm not here for the 2nd.
[Denis MacDougall]: Okay, that's good to know. All right. Cool. We can sort of, let's just put a pin on that 1 for now, but, you know, let's just so then state that the October meeting. will be on October 24th and the November meeting will be on November 21st. I think that's pretty much it for administrative stuff.
[KaEkSOLEwkQ_SPEAKER_31]: Okay, um, does anybody have any other items? New business. Um, for, um, actually, I'll give a quick update, um, for the commissioner and Daniel and for actually everybody we are working on the update to the rules and regulations for the board. Uh, so with the changes that have been made for the process, uh, for Bringing projects in, we are making updates. The commissioner had sent us a couple of draft, a couple of other cities that have updated their zoning processes. So we're reviewing those and looking at changes to update for both the process coming into the board as well as the board's processes itself. And we should hope to have a draft for that ready by the next meeting. Excellent. And with no other business, we have set the next meeting for October 21 at 630. I'm sorry, no. I apologize. October 24 at 630. And chair awaits a motion to close.
[Unidentified]: Make a motion to close. Seconded. Uh, thank you.
[KaEkSOLEwkQ_SPEAKER_31]: Uh, we'll call Chris. Hi, Andre. Hi, Jim and Jamie. I thank you. Everybody have a.