[Mike Caldera]: Hello and welcome to this regular meeting of the Medford Zoning Board of Appeals. I'm Mike Caldera. I will be acting as chair tonight. We're going to take a quick roll call and then we'll get started. Christy Aveda? Present. Andrea LaRue?
[Andre Leroux]: Present.
[Mike Caldera]: Mary Lee?
[Mary Lee]: Present.
[Mike Caldera]: Beth Velez?
[Mary Lee]: Present.
[Mike Caldera]: Mike Caldera present. All right, so we have five members present. I believe all other members are confirmed absent. And so we can get started. Dennis, can you please kick us off?
[Denis MacDougall]: So the first item on the agenda is 85 Elm Street case number A-2024-25. Let's continue from January 2nd. 2025, applicant and owner 8385 Elm Street LLC to demolish and convert a legal non-conforming motor vehicle repair station to a three-unit townhouse-style residential building in a single-family, two-zoning district, requiring a variance of frontage, lot width, and usable open space per the City of Medford's ongoing as Chapter 94 Table D, Table of Dimensional Requirements. A variance as to parking pursuant to Chapter 94, 6.1.3, a variance as to use pursuant to Chapter 94, 11.42, or alternatively, a special permit to change a non-conforming use to set forth in Chapter 94, 5.21.
[Mike Caldera]: All right, thank you, Dennis. I see we have Attorney Desmond for the applicant. I know the board received a letter requesting a continuance. Attorney Desmond, anything you'd like to share before we vote on that?
[Kathleen Desmond]: Yes. As you know, we continue this matter for financial evidences to the cost of hardship. And I was supposed to get together with Dr. Anthony Bover and the contractor who he had retained in order to do that. There was a fire on Hell Street on January 8th that displaced a number of his tenants, and he has been dealing with that through the month of January, both with his contractor and himself, to get those tenants relocated and then get them back in the building. So he hasn't had an opportunity to sit down with me, nor has his contractor. So I'm asking for continuance to the February meeting.
[Mike Caldera]: All right, thank you. Yeah, well, in light of those unfortunate circumstances, that certainly seems reasonable to me. Members of the board, anything we should discuss before we vote on continuation? All right. Chair awaits a motion to continue this matter to the next regular meeting of the Metro Zoning Board of Appeals.
[Andre Leroux]: So moved.
[Mike Caldera]: Do I have a second?
[Andre Leroux]: Second.
[Mike Caldera]: All right. I'm going to take a roll call. Chris? Yes. Andre? Yes. Mary? Yes.
[Mike Caldera]: Mike, yes. All right. This matter is continued. Hope everything works out and we will see you next month.
[Kathleen Desmond]: Thank you. Terrific. Thank you very much. Have a good night.
[Mike Caldera]: You too. All right. Dennis, what do we have next?
[Denis MacDougall]: 171 Arlington Street, case number A-2025-01, applicant and owner Alexander Wong-Berman and Lauren Mayo, to install an additional 171 Arlington Street within the side yard setback extending existing side yard setback nonconformity, which is not allowed per the City of Metro-Doran's Chapter 94 Table B Table of Dimensional Requirements.
[Mike Caldera]: All right. Do we have a representative for the applicant on this matter?
[Denis MacDougall]: Yeah. I'm on the call. Hold on a second. I confirmed that they got the notice. I've spoken to them. Let me just see if maybe something has gone on. Let me check my emails.
[Adam Hurtubise]: Sounds great. Thank you, Dennis.
[Denis MacDougall]: just give me a minute. I'm going to look at their number and give them a call to see if maybe something happens. So.
[Adam Hurtubise]: Okay. Sounds good. Thanks.
[Mike Caldera]: Um, we're going to take a five minute recess. We'll we'll check back in five minutes.
[Denis MacDougall]: It just, I mean, we're not, we still have another few minutes to go, but I will just sort of napkin. They had an ill child, so they will be on shortly.
[Adam Hurtubise]: Okay, great. Thanks, Dennis.
[Mike Caldera]: All right, it is 646. We are back from our five minute recess. I'll give members of the board a moment to pop back on camera. It also looks like the applicant is in the process of connecting. So we'll just give them a moment and then we can resume. It says they're connecting to audio, so I'm guessing they're having some input issues.
[Adam Hurtubise]: Worst case, we can let them call in. But let's give it another minute. All right.
[Mike Caldera]: Hello, this is Mike. I'm chairing this meeting. I see an Alex Wong Berman in the chat. I believe that is the applicant. Yeah, correct. Can you hear me? Yes. Yes, we can hear you. And Dennis filled us in on the details. Glad you are now here. And the floor is yours. We're hearing your case.
[SPEAKER_04]: Okay, absolutely. So we are applying for the special permit to extend an existing nonconforming structure. So our house is nonconforming on the, if you're facing the building on the right hand side, and that the setback is less than the 7.5 feet required by the city of Medford. And we'd like to build an addition onto the house to accommodate our growing family. My wife is due in April with our second and only a two-bedroom place with a one-and-a-half bath. So we'd like to add on an additional bedroom, add in some additional space for the children to grow and play in. And to do that, we'd like to extend the structure straight back into the backyard, which would continue that nonconforming setback on that side of the house. But it's not going to make any of the setbacks any worse than they already are.
[Mike Caldera]: All right. Thank you. And so I think you already said this, but I'm just going to doubly confirm for the board. So with this extension, So the side yard is already in violation. So you're just extending that without making it worse. And then the total extension doesn't create any new nonconformity. So the only nonconformity that's being extended is the one side yard, no new nonconformity being created, and no nonconformity being made worse. Is that correct? That is correct. OK. Great. Dennis, I know the board has this file, but just in case there's anyone watching on Medford Community Media, could you maybe throw up the plan so the board can see?
[Denis MacDougall]: Is it up now?
[Mike Caldera]: Yeah.
[Denis MacDougall]: OK, good.
[Mike Caldera]: Yeah, so we're looking at the plot plan with update PDF file.
[Denis MacDougall]: And basically, my error was running along the existing side yard setback that is nonconforming and I'm extending down to where the proposed addition will be where it will extend the existing nonconformity.
[Mike Caldera]: Okay, great. Thanks, Dennis. So just for general awareness, in cases where a There's an extension proposed to an existing nonconformity. It doesn't create any new nonconformities. The standard is a special permit. So if the board finds no substantial detriment to the neighborhood, that would be the criterion to allow this to go forward. Having said that, I will open it up to the board for questions for the applicant. I think I saw Chris unmute first. Go ahead, Chris.
[Chris D'Aveta]: Thank you, Mr. Chair. Through you to the applicant, is there an abutter to the side that's for which the permit is being applied for, the short side? Is there an embudder next door that you've spoken with? Is there any documentation of their desires in this regard?
[SPEAKER_04]: Yes, we have spoken to them. We're friendly with them on that side. So they have no issues with the extension there. There is another neighbor on that side a little further down. However, they don't, to my knowledge, live in the state of Massachusetts. And their tenants are renters. And we have not yet been able to get in touch with them.
[SPEAKER_08]: And there's a parking lot for the tenants to park on the other side of our fence. This is Lauren, by the way. I'm the wife. But there's a parking lot on the other side of the fence. So we wouldn't be.
[SPEAKER_04]: Up against their house, essentially, with the extension. Because there's a parking lot to buffer that. So it's not right up against the fence.
[Adam Hurtubise]: All right, we'll go to Andre next.
[Andre Leroux]: Great, thank you. Now that was basically my question was about the abutter at 165 Arlington. And do you have anything in writing from them or just verbal?
[SPEAKER_04]: It's verbal so far, but I can check my text messages. There might be something there, but we would, easily be able to obtain something if that was helpful. I guess you're looking at the plot plan for some reason. Our technology isn't cooperating today, but it's really just the very corner of their property that it would extend along because the existing structure already goes through all but I think the last maybe three or four feet. Alongside the property line, so just be extending that last. 3 or 4 feet in the very corner again, there's also a buffer zone between their house and that side yard.
[Andre Leroux]: Right. Yeah. No, I was looking at the Google Street View and everything. I think that gives me more confidence because it is such a small side setback that there's a large yard on that side. As you said, the rear tenant, you're not coming up against a structure there as well. It's really their parking area. Okay, that was really all I had. Okay, thank you.
[Mike Caldera]: Other questions from the board? Seeing none, we're going to open it up to public comment. If you are a member of the public and you'd like to comment on this matter, you may do so now, but please either raise your hand on Zoom Turn on your camera, raise your hand, type something in the chat, or you can email Dennis D. McDougal at medford-ma.gov. All right, I do not see any members of the public who would like to speak on this matter. And so the chair awaits a motion to close the public portion of the hearing and enter deliberation.
[Andre Leroux]: So moved.
[Mike Caldera]: Do I have a second?
[Andre Leroux]: Second.
[Mike Caldera]: All right. We'll take a roll call. Yvette?
[Mary Lee]: Aye.
[Mike Caldera]: Mary?
[Mary Lee]: Aye.
[Mike Caldera]: Andre?
[Mary Lee]: Aye.
[Mike Caldera]: Chris? Aye. Mike? Aye. All right. We are now deliberating. What do you think, folks?
[SPEAKER_08]: We are very excited to embark on our, you know, extension of the house and to be continuing members of the Medford community.
[SPEAKER_04]: So allow us to continue to be residents here with our family. So very thankful and excited about this opportunity.
[SPEAKER_08]: We decided that Medford, that this home would be our forever home. And especially with the new taxes related in the city of Medford to put more money towards schools. You know, we're very much looking forward to continuing to build our family here and many memories.
[Mike Caldera]: Great, thank you. So I'll open it up to thoughts from members of the board in deliberation. Andre, please go ahead.
[Andre Leroux]: I don't think there's any significant detriment here. Again, any concern would be because of the abutters, but because of the layout of the properties and the abutters, I think that there's really very little cause for concern and it's great to be able to stabilize a family and have long-term roots here in Medford.
[Adam Hurtubise]: Thank you, Andre. Other thoughts from members of the board?
[Mary Lee]: I tend to agree with Andre, so I don't believe that there's significant detriment in terms of granting this.
[Chris D'Aveta]: Thank you, Mary. Chris? And I am also in agreement that doesn't seem to be any detriment. However, I am curious about how, as a board, we seek out the immediate abutters written documentation of approval or of disapproval for such things. It seems like we're making this decision here. ad hoc, and I'm a little bit uncomfortable with that.
[Denis MacDougall]: Oh, sure. Chris, if I can just sort of jump in. Sorry, this is sort of just, so everyone within, you know, a butter is still butter, so two houses in every direction, all surrounding the house, get a notification with my contact info and a session meeting. And, you know, it's really, I mean, If the applicant can get letters of support from neighbors, that's great, but it's not a requirement and sometimes it's hard to do. But usually in this instance, the owner has been notified. In this instance, sometimes the absence of... I've always found that in my 10 plus years of doing this, that if a neighbor really doesn't want this to happen, they will contact me, if that makes sense. And they've been aware, they've gotten the notification. I know the notifications went out. So whenever I send out these notifications, I also send a notification to myself, just so it goes through the system, so I know it's actually not lost in the ether. And then speaking to both, I think Alex mentioned that a couple of the neighbors mentioned they had gotten the notices. I think in that instance.
[Chris D'Aveta]: And I'm not saying, I believe him and his word. I just wondering sometimes we do get it and it sways the board, you know, one way or the other. And usually in the affirmative, but it seems to be, you know, sometimes we get them and sometimes we don't. So just bring it.
[Mike Caldera]: So just to add, so Chris, like Dennis mentioned, getting it in writing is not a requirement. It's kind of up to the applicant. They can optionally choose to try to do that. And so what we need to do as a board, so it's not just ad hoc or arbitrary, is to weigh the evidence available. And in cases where we feel that The decision would be really contingent on a particular piece of information. Those are the cases where a member of the board might suggest and seek permission from the applicant to continue the matter while they gather that evidence. But we're not required to do so. And there is kind of this trade-off where it does have implications in terms of timeline. And so sometimes, since it's not required, if it seems like a project that's not really going to rattle any cages, the board might just choose to infer what what it would have said or take the applicant at their word. But I would recommend if there's a member of the board whose vote might really hinge on a particular piece of information that they should just make that clear and we can discuss with the applicant continuation or things of that nature.
[Chris D'Aveta]: I do bring this up since the setback is so so narrow there. It's a very narrow situation. So for whatever reason, if the abutter did not receive notice or if the person somehow, and I'm not implying that's the case in this particular case, but just in this or whatever future case that there's a misrepresentation of some feelings on one side or the other, et cetera, that it's not in writing. Um, so that's, that's what I was wondering about. Not sure.
[Mike Caldera]: Yeah. So, um, we don't set a precedent in what we do here. So I think it's important just philosophically that the board be consistent in how it approaches things, but we do. get a good deal of discretion. And so we can kind of subjectively assess individually, is this a project that's risky in terms of maybe a neighbor has an opinion and just didn't put it all together and make it on the call or put something in writing? We're able to handle those cases differently than a case where John Vars, Applicant OLIV, PB – He, Him, His): You know the the proposed changes is pretty John Vars, Applicant OLIV, PB – He, Him, His): straightforward. So, but that's for every member of the board to decide not trying to John Vars, Applicant OLIV, PB – He, Him, His): sway you one way or the other. But I just want to reassure you that if the board were to take a certain action in this case, and then some hypothetical future case where there was like a really extreme scenario, you came up and there was no letter and the applicant said, oh, yeah, the neighbor's fine. That wouldn't box us in and require us to handle that case the same way. The facts of every case are different.
[Adam Hurtubise]: Yes, thank you. Thanks, Mike. All right. Other thoughts from the board.
[Mike Caldera]: All right, I'm not seeing any. I'll just add, I tend to agree with the other members that the extension seems relatively straightforward. I think this is exactly the sort of case why this special permit process exists in the lesser standards. So we're not needing to justify variances in cases where it's just kind of logically extending a structure without making anything worse. And so having said that, Chair awaits a motion. Notions would either be with respect to the special permit, or if there's an ask to continue, that would be the other motion. So do I hear a motion from the board?
[Andre Leroux]: Andre? Motion to approve the special permit for 171 Arlington Street.
[Mike Caldera]: Do we have a second?
[Mary Lee]: Second.
[Mike Caldera]: All right. We are going to go ahead and take a roll call vote. Mary?
[Mary Lee]: Aye.
[Mike Caldera]: Chris? Aye. Yvette?
[Mary Lee]: Aye.
[Mike Caldera]: Andre?
[Andre Leroux]: Aye.
[Mike Caldera]: Mike? Aye. All right. So the special permit is approved. And Dennis, could you just go through some of the details with the applicant about what to expect next?
[Denis MacDougall]: Yeah, sure. So Alex and Lauren, I'm going to be writing up the decision. Fortunately, in this case, it's a similar one to other ones we've done. So I have a kind of a boilerplate I can use. So I'm going to try to get on that in the next week or so. And once that's done, then it'll get sent off to our legal counsel for just vetting. And then once that is finished, it comes back to me. I send it off for signatures. Once signatures are in place, then it will be filed in the city clerk's office. And I know there's a lot of ands here. And at that point, there's a 20 days appeals period. At the conclusion of that 20 days appeals period, you can come in, talk to the clerk's office, get a letter from them, and then go to the building department and get your building permit. Excellent.
[SPEAKER_04]: Sorry, just how many days is that from today?
[Denis MacDougall]: That's a good question. So I know my anticipation is to try to get the decision done in the next week or so. Because it's fairly straightforward 1 and then, but then once that then it goes off to legal and I don't. The person who was doing it is no longer doing it. So it's a new person doing it. And I kind of knew the old person's schedule and the turnaround on them. I'm just not sure with the new person. So it might be a matter of probably a week or so after that. So then let's look at, say, the end of February, early March, so I'd say by the time 20 days from that is done, middle of March, end of March, I'd say, more than likely, so.
[SPEAKER_04]: Thank you appreciate that and understand that just an estimate pending the turnaround time legal review.
[Denis MacDougall]: Yeah, and then I know also you all have to come before the concom at some point anyway. So, if you sort of want to, but now that you've got the approval here, we can sort of go in that route. So, they talked to me about both. So, it's, it's, I found it's better to do zoning 1st, then concom than the other way because zoning things can change sometimes. So, and then we'll get them through that process. So, they can get pretty much all of them done and by around the same time. So, you can get get cracking.
[Mike Caldera]: Excellent. Yeah. And one last thing to add. So, so yes, what Dennis shared is just an estimate, but there is a statutory limit to how long we can take to get the decision. So, I mean, you're kind of covered in a worst case scenario, but in this case, Dennis is committing to do it faster because this is a relatively straightforward one. So, um, so yeah, I think as long as he gets a quick response from the lawyers reviewing i think it will be relatively well it will be along the lines of what you just shared thank you great um thank you have a good night all right the next item on the agenda is administrative updates do we have any administrative updates dennis i think the only one which is what i sort of mentioned earlier you know uh
[Denis MacDougall]: Some of you prior is that, you know, our, I can hear you say it on here, just, and also just to say thanks that our, Jenny Thompson was our chair, had to step down due to some work, he just stepped down. So I don't want to go into his specifics, but, you know, I just wanted to say publicly, thanks. He's been on the commission for over four years now, I think, and, you know, through two 40B projects, and he has put a lot of time and effort into this commission, and I thank him for everything he's done for us. So, you know, just wanted to say that publicly.
[Mike Caldera]: Yeah, I echo those sentiments, Dennis. Jamie has done a great job in his time on the board. It will be a shame to not have him on the board anymore, but we wish him the best. And so as I understand it, Dennis, we'll just have an agenda item for our next meeting to officially elect our next chair, which is almost the same time. Actually, that's the meeting where really, I think we should typically collect the new chair anyway.
[Denis MacDougall]: I think you're probably right, since most people's terms are up in March, so that sort of fits in. And then, so I'll put that out there, and then just to give you all a heads up, so we have a you know, a smart sheets thing, which, you know, people submit into the city, uh, their interest in boards and commissions. So actually it's just one of the community media. You just go on to the mayor's office. Um, if anyone's interested, you can submit your information and, you know, it gets reviewed and it'll get reviewed by myself initially. And then I'll forward it off to the, this office's director. And then, you know, we come to a conclusion, then we'll hopefully try to get someone on fairly quickly. So we'll be back up to a seven person, uh, board by the time of the next meeting.
[Mike Caldera]: Sounds great. Yeah, Andre.
[Andre Leroux]: Just a question for Dennis. Dennis, could you just recirculate the terms of all the board members?
[Denis MacDougall]: Yeah, I can do that. I don't think I have that. I think the mayor's office has that, so I probably should have it. Our clerk might have it, but I'll check with Jackie. I thought it got circulated at one point, but- Probably. I have no doubt that it did. I think it's online. I think it might be on the city's website anyway. Yeah. So I can, I can, I can run it over to all of us as well. Just sort of grab that. So.
[Mike Caldera]: All right. Thanks. Right. Do we have any meeting minutes, too?
[Denis MacDougall]: We don't, but I have good news. And I know AI is terrible for creating art, but apparently it's kind of, I did a test one yesterday for the ComCom, and it's actually not bad at least helping get meeting minutes started. So it's basically, it still involves a lot of going through it, but it's way less time than, because basically it's It's so far, it's been all right. I tried it about six months ago and it was... It wasn't good. But then one of our other people with staff and commission said that it's improved leaps and bounds, which is frightening, but the fact that it has is good for my sanity in terms of getting meeting minutes done. So we're sort of running through that and it's basically, it creates just an entire summary and then you can go through the summary and then you have to tweak it and add things in and it mishears names, it mishears places. So you've got to, you still have to read through it, but it does save some of the heavy lifting in terms of transcribing, which has always been my biggest problem, you know, problem with this is just, you know, because you kind of basically are listening to the meanings, looking at my notes and going back and forth and it takes a very long time. So I think this will, clear up a lot, so hopefully by the time the next meeting, I'll have a number of meeting minutes for you all to your approval.
[Mike Caldera]: Okay, great. Thanks for the update, Dennis. All right, I think that brings us to the end of our agenda. Chair awaits a motion to adjourn.
[Mary Lee]: Motion.
[Mike Caldera]: Second. All right, we're going to take a roll call. Chris? Aye. Andre? Aye. Mary?
[Mary Lee]: Aye.
[Mike Caldera]: Yvette?
[Mary Lee]: Aye.
[Mike Caldera]: Mike, aye? We are now adjourned. Thanks, everybody. Have a good night.