AI-generated transcript of GOV - COM 22 VER 43

[Chris D'Aveta]: comment on this. So my concern is that we're creating a situation that could be made worse.

[Mike Caldera]: Yeah, I need to double check. I don't recall the status of whether there's already a permit issued for the sewer. And I know the building commissioners on vacation. Dennis, do you happen to know, even if there is a permit issued, if this would trigger the need for a new permit? Let me look it up. OK. I think they'll look up the current status of the permit. the permit as well.

[Andre Leroux]: Mr. Chair, I think the question that I raised at the last meeting was about the sewer lines. One question was about the quality of the line, which the video seek to answer. But the other question is simply, where does the sewer line run? And that seems to be something that the city engineer should weigh in on. And I don't understand, I haven't seen this back and forth with the emails and what the city engineer basically declined to answer saying that it was a matter between two, but how can we as a board, I mean, we need to see where the utilities run and to be able to evaluate whether there's a detriment to the neighborhood, you know, if there's one that's in poor condition.

[Mike Caldera]: Dennis, maybe, could you reread the specific wording from the city engineer?

[Denis MacDougall]: I just want to make sure the... I can, but I just forwarded it to you as well, so it's in your QK.

[Adam Hurtubise]: I don't have it yet. Oh, here we go.

[Mike Caldera]: All right, so I don't see the original message, but the first response we see says, hi, Edmund, the engineering division will not comment regarding private property matters. My previous email was relative to the overall building permit condition set forth by engineering water source stated on permits, some numbers. And then in some of the back and forth, the assistant city engineer mentions that the permits themselves can be viewed on CitizenServe. So I'm looking for those now. So we have numbers for the permits.

[Andre Leroux]: If I could ask a question in the meantime to Ed. I'm just wondering, Ed, your best understanding is that your sewer line connects to Fern Road?

[Edmond DeMori]: I know 100% for a fact the sewer line connects from my property into their property into Fern Road. It's a 100% video, you guys can do a site visit, I can show you the exact mark for it, for the water and the sewer. And the gas line was already got removed from National Grid because it's a regular reasonable price to remove it. It costs a reasonable price to remove, but the estimates that I got in the store, they're outrageous. Like you're looking between $30,000 to $40,000 to get it removed and replaced. When I had a conversation with them, I was off the line.

[Andre Leroux]: I just wanted to ask a question about the fact I don't want to get back into that discussion. I just want to. So you're because your video, it was longer than the other one. It's that's does it almost seem to me it was very straight and long. And are you sure it doesn't connect into the film?

[Edmond DeMori]: It does not connect to the Felsway. I'm 100% sure. It goes from my house. I have it marked on my site and I got it marked from Fern Road. At first, we thought it connects from their house into my house and connects together and go down along the wall of the gas station into the Felsway. And we were under oppression, that's where the line is. And the first attempt of recording that line, by request from Emmett, went to a place where it's completely dry, hadn't been used in years. So I dug out that side of the pipe, supposedly end, and realized it comes to the wall behind the gas station. So I end up... dragging out a little bit more before it used to be a front yard, and the sewer line was Nick. And that's when we realized it goes from my house into their house in Deferred Road. And the reason I thought they're connected together, because Rob was under the impression that our line and his line are connected together. Based on their video today, I'm going to assume that they have a separate line than mine. We can't, there is no way we are connected together because that's the sewer line. I'm like a million percent sure it goes from Fern Road into my house. And their video, it's got to be for a separate line that goes from their house.

[Andre Leroux]: All right, thank you. Thank you. I mean, I just, this is kind of why I feel like need the city engineer to kind of tell us where the utility is. I mean, I mean, I see this either, you know, you know, either we deny the variance and doesn't solve the problem or we approve it and doesn't solve the problem either. I mean, I don't know if this is just heading to a court fight one way or the other.

[Mike Caldera]: So while others have been talking, I did look up the three permits that the assistant city engineer. And so the only listed review of the water and sewer specifically was from May of 2023. Um, there have been two engineering reviews that was approved with conditions back then. There have been two engineering reviews, um, since then that have been approved with conditions. As far as I can tell, CitizenServe doesn't have super rich details about exactly what, um, those conditions are. Um, my understanding, which Dennis can check me on, is that if the board were to issue uh variances on this matter that the applicant would have to pull new building permits which would trigger the need for additional engineering reviews and approvals but i'm not that's my understanding as well the other one thing which we could do is i know this was sort of prolonging this

[Denis MacDougall]: One, I can go over this with Mike. I can draft a letter to the city engineer, Owen, and basically ask him the way requests from us might actually have a little more oomph than requests from a homeowner in this instance. Tell him that we kind of would like to get some settlement on this matter.

[Mike Caldera]: All right. Thanks, Dennis. Yeah. So I certainly appreciate the board's take on that. I'll just reiterate my take from last time. I think even if the SOAR were in good working order, which it may or may not be, I don't see a strong legal basis to grant this variance anyway. So I was prepared to vote on it last time. I'm extra prepared to vote on it now. I'm not saying what my vote will be. Maybe there's something we discuss in deliberation that sways that. to connect hardship stemming from configuring the house as a two-family versus a one-family to something unusual about the area and width of the property. that presenting a hardship, like that's by itself a very hard case to make. And then when you further consider that, at least my interpretation of the intent of the zoning ordinance, is that in a GR district, you should only be allowed by right to have a two-family if you have a bigger lot than single family and that this is already substantially undersized for a single family and the proximity to existing structures like the the potential detriment to the public good is there it seems risky the derogation from the intent of the ordinance is there it's not clear the ordinance ever intended that we should give this release relief and the The hardship case is just, in my view, basically non-existent. So I'm prepared to vote, but I'll see what others would like to do, including Dennis's offer. No, we're deliberating, so there's nothing to add here.

[Adam Hurtubise]: Mary, go ahead.

[Mary Lee]: Yeah, so based on what was expressed with the board and also the public comments, I think I am also prepared to vote.

[Mike Caldera]: All right, so there's a couple of potential options on the table. Request to continue, have Dennis send it to the engineering department, requesting further clarification or vote tonight. Chair awaits a motion.

[Andre Leroux]: Could we just be able to hear from Jim and Chris a little bit?

[Jim Tarani]: I'm prepared to vote.

[Chris D'Aveta]: Mr. Chair, I don't know. Honestly, I don't. think this, I am actually inclined to grant the variance. The concern of mine is the same that I had a few minutes ago, which is that we don't have clarity on this. And I would like the city engineer to weigh in on it. So I'm not sure, you know, taking the pulse of everyone that's here, maybe that's a Maybe that's a waste of time, but I see this as the builder, the neighbors will be, they won't necessarily be in a substantial detriment by dividing that existing square footage. so uh and the owner of the house the applicant could then keep even doing adu within the structure of the house if he were denied here so that is all staying the same in my mind um it's already there if it were not there i probably would not have voted to allow it but it's there so um That's my call. I would prefer to vote on something that had more clarity in terms of what the end result will be.

[Mike Caldera]: Yeah, thanks, Chris. And I would prefer to do so as well. And we do still have the option to continue this and request more information. We did provide a very specific request for information. And the current info we have is no further clarity on the location of the line, miscommunication, and the position of the Assistant City Engineer is that they're not going to comment on it. So maybe Dennis is able to clarify and that changes, but it is entirely possible we will be here a month from now in roughly the present state. But We don't know that for sure. So sure. Go ahead, Andre.

[Andre Leroux]: Well, I was just going to say, I mean, it seems like a majority of the board is ready to vote. So. All right. Chair awaits a motion.

[Mary Lee]: Motion to vote on whether.

[Mike Caldera]: So you can technically. So you're supposed to motion to approve or deny. You making the motion doesn't actually indicate which way you vote. It just indicates what a yes means and a no means. So as a best practice, I recommend motions to approve. And then that way, a no means no, I don't approve. And a yes means yes, I do approve. But you can also do the opposite. So chair awaits a motion.

[Mary Lee]: So motion to approve.

[Mike Caldera]: Okay, so motion to approve the variances for 289 Bellesway West. Do I have a second?

[Chris D'Aveta]: This is meaning that we don't get clarity though, right? Correct.

[Mike Caldera]: I'll second. So we're going to take a vote. Andre? So just to clarify, yes is no is denied. Andre?

[Andre Leroux]: No.

[Mike Caldera]: Mary?

[Andre Leroux]: No.

[Mike Caldera]: Chris? Yes. Jim?

[Unidentified]: No.

[Mike Caldera]: Mike, no. So four yeses were required. We have one yes, four noes. So the petition is denied. And then we will work on a decision.

[Denis MacDougall]: uh to record this but um but yeah the the project can't go forward as proposed so just it's next for me now so maybe jump in like yeah okay so and i'll write up a decision once it's written it'll get checked by our legal folks and then after it's signed by the members it gets uh you know, submit filed at the city clerk's office, I'll get you, I'll get you a copy of that signed version stamped by the city clerk. So at that point, there's a 20 days appeals period after.

[Mike Caldera]: And so the period would be to the land court, I believe, right then.

[Denis MacDougall]: Yeah, it wouldn't, it doesn't get appealed to us anymore. It's out of our hands. It would go to a state court at that point for if you want to appeal.

[Adam Hurtubise]: Thank you. All right. Thanks folks. What's next?

[Denis MacDougall]: 100 Dartmouth Street, case number 8-2025-10. Appoint an owner, George Dedek, to construct a two-car garage at one zoning district within the front yard setback on Wellesley Street, which is not allowed per the City of Medford Zoning Ordinance.

[Mike Caldera]: All right, thank you. And since we do have six, I'm just going to designate everyone except for me as voting in this matter. So I will chair it. But we will have Jim, Mary, Andre, and Chris. So, do we have a representative present for the applicant?

[Christopher Dedic]: Yes. Hi. My name is Chris Dedick and this is my father, George Dedick. He'll be speaking mostly, but I might also help. He's deaf, so I might have to, you know, help along the way. But, yeah.

[Mike Caldera]: All right. Well, welcome. Please go ahead. So as we understand it, you want to build a garage. So can you tell us a little bit about the project?

[Christopher Dedic]: Uh, yeah, sure. Um, do you want to talk? You want me to talk? Go ahead. Okay. Yeah, I can, I can go for it. Um, so he wants to construct, um, a two car garage in his backyard and it's a corner lot. So basically like the side setback in a corner lot would, or would be 15 feet. Um, and he wants to make it three feet, um, to make it so the width of the garage will be 22 feet. So it's a two car garage. Um, so he just needs that relief. Um, from 15 to three. And then I can pull up, if you want me to pull up the site plan, I can pull that up if you want.

[Mike Caldera]: Yeah, that sounds great.

[Christopher Dedic]: Sure. Yeah, you guys can see that?

[Adam Hurtubise]: Yes, we can.

[Christopher Dedic]: Yeah, so, uh, he would need, uh, and then the backfield here is the Tufts. Um, it's a Tufts field, um, in the back. Um, and then one neighbor on this side. Um, and then, yeah, so it was just, this would be three feet as, um, shown here. And then he has the required, so he wouldn't need, um, I don't think he would need any variants there.

[Mike Caldera]: Okay. And so, um, How does one access this garage? It's a little unclear to me if there's a curb cut somewhere.

[Christopher Dedic]: Yeah, so there should be a curb cut right here. I think it's a 20-foot curb cut.

[Mike Caldera]: Okay.

[Christopher Dedic]: On Wellesley.

[Mike Caldera]: And is there a separate curb cut on Dartmouth Street?

[Christopher Dedic]: Yeah, so he has a garage right here, four car garage. And then he has a roughly, I don't know the exact, has a roughly 20 foot curb cut about here.

[Mike Caldera]: Other questions so far from the board?

[Andre Leroux]: Yeah, Mr. Chair, Andre, I have a question. I'm just curious why you need another 2-car garage if you already have a 4-car garage?

[Christopher Dedic]: Yeah, so he has a permit submitted to the city currently where he's turning this 4-car garage into a second unit. So then therefore, he would lose all of his parking, basically.

[Andre Leroux]: Got it. Thank you.

[Mike Caldera]: And so have you discussed the extra curb cut with the city engineering department or the DBW?

[Christopher Dedic]: The second curb cut? Have you talked to the Medford Engineering Department?

[Jim Tarani]: I think Owen, maybe? Oh yeah, I did talk to him. He says, yeah, you need it. Chuck send that in and that's it. There was nothing done after that.

[Christopher Dedic]: I don't know if you could hear him. He said that he spoke with Owen and Owen said, of course, you need it. And then he my father said he went and got plans drawn up from Medford Engineering for the curb cut. I'm not sure. I don't think those have been submitted for the curb cut yet. I'm not, I'm not sure the process, how that works, um, if that was supposed to be done prior to this or post this or at the same time. Um, but yeah.

[Mike Caldera]: Yeah. So the only thing, um, that might be helpful for us to know that I can think of that you haven't already shared is I know that the, City is generally taking the position that properties with a curb cut should not get a set impact on street parking, among other things. And so here, we don't govern the approvals for that. It would basically imply that a second curve cuts required. You're intending to convert the existing garage. But yeah, am I correctly understanding you're not proposing removing the curve cut and repurposing what's currently parking? No, no.

[Christopher Dedic]: Yeah, because there's still going to be a few parking spaces for two parking spaces for like this said unit in front of like in the driveway right here. Got it. And I would like, I can just touch upon Wellesley Street. If that part's not permitted, and it's I guess like a private road kind of where it's just like a dirt side with the fence. So there's technically not supposed to be parking there anyway. That's not like a curb sidewalk that you're allowed to park on. I see. If you guys, I'm not sure if you're familiar with that area.

[Yvette Velez]: I think people get it because it doesn't have a designated curb. It's still a side of the street that's parking available. I would argue, though, that you're moving more people into this building. And so you would essentially already be bringing cars. So you would be taking up those spots that currently exist. And so you're bringing them in. So it would be one for one. Right. I would say you're not you're still not losing it. But I wouldn't say straight out that you're you're going to that that's not parking because that's not right either.

[Christopher Dedic]: Yeah, no, I mean, I'm not saying it's like not parking. It's just not like, I guess, like the atypical what you would think of. And I don't know how the city like deems it as like a private way, but they don't like repair that road for some reason. I'm not, I'm not gonna get into that part. But yeah.

[Mike Caldera]: Yeah, so it's, it's a bit complicated. I mean, if we need to go down the rabbit hole, we can. But I think the short version of it is my understanding is that even as a private way the public can and does park along Wellesley Street. But yeah, Yvette, to your point, it's the reconfiguration of the house does on average imply adding cars. So I think that's a fair point. Okay, other questions from members of the board?

[Yvette Velez]: I would ask just about that curb cut or the paveway leading onto the street to the applicant's point that that side of the street is a little more less kept. Is there going to be a driveway that leads all the way to the street that will be cleaning up all that stuff or is it still going to be a dirt path?

[Christopher Dedic]: He would pave from his property to the garage door or whatever all the way up until the asphalted street. So then where does trash go?

[Yvette Velez]: I feel like I'm always asking the trash question. So if you now have two spaces, where did it go?

[Christopher Dedic]: And now where does it go? Along the side of his fence over here, he has his two barrels for his current single family. So he would just put the four barrels total, two-track, two-recycling in the same spot. Him himself would come down the stairs in the exact same way that he does it now, and then the new tenant's front door is going to be here as well, and then they would also just come right over to the side by the fence.

[Yvette Velez]: It still gets picked up in front of Dartmouth, not the other side of the street.

[Christopher Dedic]: Exactly. The property address is 100 Dartmouth, and then the front door for both units will be on 100 Dartmouth. And then the way he's planning on using the garage, this is gonna be solely, like this is his back door and it's gonna stay. And then he's gonna, him and my mother are gonna use this garage. And then basically like, they'll just go from the garage into the back door. And then the new other unit that's gonna be like on the right would just have like the driveway spots.

[Yvette Velez]: So this is that is gonna benefit the owner to make it easier for them to get in and out, right? Because that is someone who needs maybe

[Christopher Dedic]: closer spot right instead of doing like a handicap spot or something or in the future that might be needed right we need to like think about that exactly you know my parents they're senior citizens so of course they you know the closer to the you know this is only I think four stairs maybe in the front is whatever seven or something so it's less stairs to get into the house for them as well so it is beneficial for them and then I It retains that their second unit or the other apartment that they're trying to build would also get two parking spaces. So each tenant, therefore, would have two parking spaces.

[Adam Hurtubise]: Mary, go ahead.

[Mary Lee]: Yeah. Do you mind pulling up the Google view for this? Is it a red house?

[Christopher Dedic]: Yeah, like reddish wood.

[Mary Lee]: Yeah, I don't see I don't see where the proposed garage is. I always see just one side of the house.

[Christopher Dedic]: Sure. So this is their house right here. So the garage would be right here. So three feet away from the Tufts field and 10 feet away from their like backyard or the back of their house. And then did you want the street view?

[Mary Lee]: Yes, please.

[Christopher Dedic]: Okay. So this is the back of their house or so wrong way. So it's kind of hard to say but yeah, three. Sorry about that. Okay. Yeah, so 3 feet from this fence and then 10 feet from like this house. So it would basically be like, kind of where that like, what fence structure is right? Thank you. Yep. And then as you can, like, of course, the people use this, but. Yeah, take it for what it's worth, I suppose.

[Adam Hurtubise]: Right other questions from the board.

[Mike Caldera]: All right, so before we open for public comment, I just want to describe the process the board has to follow for the requested relief. So because this is too close in the side yard, I think that if I'm understanding correctly, because it's next to this field at Tufts, the backyard isn't triggered, but certainly the side yard is too close. So the board would have to establish that due to circumstances pertaining to the shape, topography or soil conditions of a lot of structures that aren't generated, It would create a hardship if we literally enforced the zoning ordinance and didn't grant the requested relief. So the structures are positioned on the lot such that there's no eligible forming and logical location to place a garage. That would be one example of a situation where the board might decide that that's unusual circumstances. that create a hardship. So yeah, if you do have any argument you'd like to make about the hardship that would be imposed if the board didn't really enforce the zoning ordinance, now would be a good time. So what would happen if you didn't get the relief? Could you place a garage anywhere?

[Christopher Dedic]: Um, so we wouldn't be able to place a garage anywhere. And then therefore that he wouldn't meet the parking requirements for his second unit either. So he wouldn't meet that hardship of not being able to convert as well, when the time comes.

[Mike Caldera]: Got it. Okay. So just so I'm clear the plans before us, this is a single family, and you're proposing a garage in this location.

[Adam Hurtubise]: Correct.

[Mike Caldera]: But the intention is that eventually you do a conversion.

[Christopher Dedic]: So that's yeah, that those plans have already been submitted and are working their way through approval. Got it.

[Mike Caldera]: Okay. Other questions from the board? I'm going to open it up to public comment. If you're a member of the public and would like to speak on this matter, you may do so now. You can raise your hand on Zoom, turn on your camera, raise your hand, type something in the chat, or you can email Dennis, dmcdougal at medford-ma.gov.

[Denis MacDougall]: Chris, I'm going to drop the screen share, too. Okay, thank you.

[Mike Caldera]: Great. I'm not seeing any members of the public who would like to speak on this matter. So the chair awaits a motion to close the public portion of the hearing and motion to close the public portion of the hearing and debate. All right. Do I have a second?

[Mary Lee]: Second.

[Mike Caldera]: All right. We're going to take a roll call. Jim? Aye. Mary? Aye. Andre? Aye. Chris? Aye. Yvette?

[Yvette Velez]: Aye.

[Mike Caldera]: All right. We are now deliberating. What do you think, folks?

[Andre Leroux]: 100. I think that they have enough square footage to put a second unit in this. I think that this garage would be the only location to put it. It would be, I think, a hardship to try to locate parking on the site in any other location. All right.

[Adam Hurtubise]: Thank you, Andre. Other thoughts from the board?

[Chris D'Aveta]: Mr. Chair, I also agree if they're going to have parking requirements for the second year, and they obviously have to put it somewhere on the property and I'm inclined to approve. Sad to see that garden go though.

[Christopher Dedic]: Oh, they'll still have a plenty big enough garden.

[Mike Caldera]: All right, Yvette, it looked like you were going to say something as well.

[Yvette Velez]: I was just going to add that I actually think it would be a detriment to the neighbors because then, again, there might be a hardship for parking, to find the parking for owners themselves, I think, besides it being a burden to move. You'd lose a lot more of the yard if you had to put it elsewhere on the lots where it would go. And also for the door, for the owners themselves, I think it's an improvement for their lives as well as, again, the neighborhood. All right.

[Adam Hurtubise]: Other thoughts from the board? Andre?

[Andre Leroux]: a motion to approve the variances for 100 Dartmouth Street.

[Mike Caldera]: All right, we're going to take a roll call. Mary?

[Andre Leroux]: Aye.

[Mike Caldera]: Chris? Aye. Yvette?

[Yvette Velez]: Aye.

[Mike Caldera]: Jim? Aye. Andre? Aye. This is approved. So Dennis, we'll go ahead and draft the language on the decision, and then you'd walk them through the next steps, then? Yep, exactly.

[Denis MacDougall]: So, Jordan, Chris. So I'll write up the decision. It'll get reviewed by our legal counsel. And then it'll come back to me. I'll send it off to the board for signatures. Once we get the signatures, I'll file it in the clerk's office. And at that point, so that's probably still a few weeks away from now, at that point, there's a 20 days appeals period. And once those 20 days are done, then you can go and get your permit.

[Christopher Dedic]: Okay, perfect.

[Denis MacDougall]: So the time from now to getting the permit is probably about a month and a half away or so give or take give or take, you know, schedule something so much.

[Christopher Dedic]: All right. Thank you. And I said we had a follow up question about the curb cut. So that's not through here that way he would just go to the engineering department and apply for it.

[Mike Caldera]: Yeah, right. So the issue a permit for that. Okay. Like I said, my understanding is they're not general fans of the double curb cut. And for a lot of the buy right stuff, they're denying it. But I also understand that they tend to be reluctant to deny permits in cases where the zoning board approved something because it would basically kill the project. So ultimately, that's for them to decide. And we can't condition our decision on that.

[Christopher Dedic]: All right, perfect. All right. Thank you very much. Appreciate your time. Thank you.

[Mike Caldera]: Thanks.

[Christopher Dedic]: Have a good night.

[Denis MacDougall]: What's next. 76 Greenleaf Avenue case number a dash 2025-11 applicant and owner Russell Robar to provide massage therapy services 76 Greenleaf Avenue single family home a single family to district, not allowed for the city of Bedford zoning ordinance.

[Mike Caldera]: All right. Um, thanks. And Dennis, just before we get started, I want to double check, um, the requested relief here. So this is a request for a special permit for an accessory use. Is that right?

[Denis MacDougall]: That's the way I, that's the way we sort of, we just, let me just give me one half second to call up the technical serve to see if there's any extra comments on it.

[Mike Caldera]: Right. Well, while you're doing that, Dennis, we can, um, we can let the applicant get started. So I see we have a Russell Robar on the call. Are you here to speak on this matter, Russell?

[Russell Robar]: Yes. Hi everybody. Thanks for your time.

[Mike Caldera]: Hi. Good evening.

[Russell Robar]: I've been a licensed massage therapist for over 30 years. And I primarily work downtown, but my wife and I, we do have a guest bedroom in our house and I work on my family. And I have a lot of clients that come in from outside of the city, convenient for them to just drive in. We have two parking, guest parking permits and park in front of the house and come up I still need to get a solo establishment license from the state. So they still will come in and look at the room and make sure that it is passes their criteria. But the first thing that I need is a business license. And that's why I'm here.

[Mike Caldera]: Okay, got it. And so am I correctly understanding that you would need the board to grant this special permit for the accessory use to get that business license, and then you'd need that to bring to the state?

[Russell Robar]: Correct. I have to then apply for solo establishment license to the state, and then they send an inspector to inspect the location, the room, to make sure that it passes their criteria, so that then I can get a solo establishment license. So it still has to be passed by the state as well.

[Mike Caldera]: And so the board may have some questions. Oh, by the way, I'm going to act as last time. So everyone except for me is voting. So for accessory uses, or sorry, from home occupations, Um, there's some that are allowed as a right. There's some that require a special permit. My understanding is that this one does require a special permit. And so, um, the requirements are that the home occupation be conducted solely within, uh, the dwelling by the person's occupying that dwelling as a primary residence, that, uh, the use is incidental. to the property, so it's primarily a residential property and this is secondary use, that the use doesn't produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive pollution, that there's no regular sale of wares of goods on the premise, that it does not utilize exterior storage of material or equipment, and that there's no more than two non-resident employees, that there's no exterior indication of the presence other than a sign or nameplate in compliance with the sign ordinance. And so if all of those conditions are met, then the Board of Appeals can grant a special permit subject to conditions including but not limited to restricting the hours of operation, the maximum floor area, the off-street parking, and the maximum number of daily customer or other vehicle trips. And that permit terminates with transfer of ownership of the property. So, just wanted the Board to have that context.

[Russell Robar]: So I'll just have probably six clients a day, one an hour, so six cars a day. And like I said, we have guest permit parking out front. So it's not really going to affect the street at all.

[Mike Caldera]: And so do you already know what your intended hours of operation are?

[Russell Robar]: Typically, I'm like 10 to 6. So 10 to 6?

[Mike Caldera]: 10 AM to 6 PM. And is this, uh, on a, is, is the day of the week already one?

[Russell Robar]: On a Monday. I work during the week. I don't work on the weekends.

[Mike Caldera]: I see. So Mondays end to six. Yeah. Um, one customer per hour.

[Russell Robar]: Approximately.

[Mike Caldera]: Yeah. Absolutely. So you anticipate, uh, roughly six, um, maybe more on some days, but, um, you'd be working for the eight hours, 10 a.m. to 6 p.m.

[Russell Robar]: Correct. I'd say not more than like eight people, but again, it's, I can only work on one person at a time. So one person will show up and one person will leave. So, and we have two guest parking permits. Okay. My wife and I have a driveway, so our cars are in the driveway.

[Adam Hurtubise]: Yeah. Um, questions from the board.

[Andre Leroux]: Andre. Yeah. Do you have a waiting area?

[Russell Robar]: Typically, what I'm going to do is just have them wait in the car, because I need to bring out the guest permit. I'll have them wait in the car, go out, give them the permit, walk them into the room. Thanks.

[Adam Hurtubise]: Other questions from the board?

[Yvette Velez]: Would there ever be a time where you would just leave your cars on the street and let the guests park in the driveway?

[Russell Robar]: I don't see that happening because we have the guest permit. So they would just, it's actually easier for them because we're the main entrance to the door. Guest bedrooms up the flight of stairs that are closest to the main entrance, and they just come in and walk up the stairs. And literally, you walk across the hall into the guest bedroom. So it's actually easier from the street. I mean, we could do that, but I don't think that would happen.

[Yvette Velez]: And how do you anticipate handling a snow emergency?

[Russell Robar]: No one would come. You just, things happen. If it's a snow emergency, I wouldn't want my clients to come on a day like that and have them obstruct the plowing.

[Unidentified]: Okay.

[Adam Hurtubise]: Chris?

[Chris D'Aveta]: Yeah, Mr. Chair, I just was wondering, do the parking permits allow people to use it all day. I can't remember. There's some limit to how they're

[Russell Robar]: I'm not sure. Do you want me to just run and get it? I can read it to you. No, I'm for your own benefit.

[Chris D'Aveta]: I would just check with the parking office to make sure that you can do that versus what Yvette just said, which is maybe a little.

[SPEAKER_06]: Medford City Council 12th regular meeting June 24, 2025 is called to order. Mr. Clerk, please call the roll.

[Adam Hurtubise]: Councilor Callahan is absent. Vice President Collins. Present. Councilor Lazzaro. Present. Councilor Leming. Present. Councilor Scarpelli. Present. Councilor Tseng. Present. President Bears.

[SPEAKER_06]: Present. Six present, one absent. The meeting is called to order. Please rise.

[George Scarpelli]: I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

[SPEAKER_06]: Announcements, accolades, remembrances, reports and records. 25-100 offered by Councilor Scarpelli and President Bears. Whereas the Medford City Council has learned with deep sadness of the passing of Richard Caraviello, who passed away June 3rd, 2025, at the age of 93. And whereas Richard Caraviello was a devoted son of the late Salvatore and Maria Contrada Caraviello, and a beloved husband to the late Angela Moscow Caraviello, and the late Mildred Tarifo. And whereas Richard honorably served his country in the United States Army during the Korean War, and has continued to serve his community as the longtime proprietor of Salve Sportwear, a business known for quality women's clothing and family values, and where as Richard's father to Richard Caraviello and his wife Carol, a proud grandfather to Richard and his wife Lisa, Lauren and her husband Joey Mangello, and Nicole and her husband Stephen Gaudet, and a cherished great-grandfather to Gianna, Joey, Richie, Nicholas, Juliana, Isabella, James and Michael, and whereas Richard was a dear brother of the late Fred, Salvatore, Junie, Frank, Smokey, Tina, Clara, and Armand Caraviello, and is lovingly remembered by many nieces and nephews, extended family members, and friends, and whereas Richard Caraviello will be remembered as a man of his humble service and unwavering pride in his Medford roots, now therefore be it resolved that the Medford City Council extends its sincerest condolences to the Caraviello family and expresses its heartfelt appreciation for the life, service, and legacy of Richard Caraviello, and be it further resolved that this resolution be spread upon the records of the Medford City Council and a suitably engrossed copy be presented to the Caraviello family as a lasting expression of sympathy and gratitude. Councilor Scarpelli.

[George Scarpelli]: Thank you, Councilor Bears. I appreciate the reading and joining me in this remembrance. Mr. Caraviello, again, we talk about legacies here in Medford and what families have done to build method to the city that we all love. And Mr. Caraviello was one of those founders. And you could see that in the man he raised in our former city council, President Richard Caraviello. And I If you know Richard, if you know Rick, you know that he has, and even as a retired city councilor, how hard he works for the residents of Medford to this day. And every time we talked, Rick would talk about the work ethic instilled in him by his dad. And you see that throughout his family. And, um, Most importantly, you really see the true dedication of family, love and passion, and really someone that we know that Mr. Caraviello fought very hard. He spent many years in assisted living, and it was very difficult at the end, but he's in a better place today, and we send the Caraviello family our condolences. So thank you for allowing this motion to be put forth, Mr. President. Thank you. President Collins.

[Kit Collins]: I just want to thank my colleagues for putting this resolution forward and join with you in extending my deepest and most heartfelt condolences to the entire Caraviello family.

[SPEAKER_06]: Thank you, Vice President Collins. I served with Rick for four years.

[Mary Lee]: Would it be possible to go inside your house?

[Russell Robar]: The doorbell, I would come down and answer the doorbell and they could absolutely do that. So I mean, that happens. I'm at my house. Someone rings the doorbell. I come down to see it. It's not, I mean, it's kind of a more casual business approach because it is a house. And someone rings the doorbell. I go answer it. You come back and then finish the work. So I specialize in sports and injury work. Manny Ramirez, David Ortiz. So I work with a lot of ultimate frisbee players as a pro ultimate team in Medford. I work with half the team, the coaches, the owners, a lot of top students I work with in town. So it would just be really convenient to work here. But yes, absolutely. If someone had to go to the bathroom and they would come in and ring the bell, I would let them in. And we have two restrooms. We have a downstairs one and an upstairs one.

[Mary Lee]: So I think you probably had discussed it before, but I just want to make sure that I got it clear. So you have to get the approval from zoning first. That's the very first step before you apply for the other licenses.

[Russell Robar]: I need a business license from the city first and with the application for the solo establishment license from the state. that's one of the criteria. So if I don't have the business license, I can't get the solo establishment license.

[Mary Lee]: And is massage therapist, is that licensed too?

[Russell Robar]: I am a licensed massage therapist for over 30 years.

[Mary Lee]: Thank you.

[Russell Robar]: So but the space itself, the rooms, then need to be licensed. So the inspector comes in, you need a fire extinguisher, a fire alarm, a sink, bathroom, get the licensing from the state and a business license. So those are all the things, plus a few other things. A covered trash can. I just found that out six months ago. The inspector came and said, oh, you need a cover in your trash can. I'm like, okay, no one else has told me that before.

[Mike Caldera]: All right, so I'm going to open it for comments from members of the public. So if you're a member of the public who would like to speak on this matter, you may do so now. You can raise your hand on Zoom, turn on your camera, and raise your hand.

[Adam Hurtubise]: Or you can email Dennis at google.com. Not seeing any members of the public that would like to speak.

[Andre Leroux]: Motion to close public hearing. Second.

[Adam Hurtubise]: All right, we're going to take a roll call.

[Mike Caldera]: Jim? Aye. Mary?

[Mary Lee]: Aye.

[Mike Caldera]: Andre? Aye. Chris? Aye. Beth?

[Yvette Velez]: Aye.

[Mike Caldera]: All right, we are now deliberating. And so just to reiterate, the relevant part of what I said earlier. So there's a bunch of conditions that need to be met for a home occupation by special permit. My understanding is that this does meet all of the required conditions as described. And so In that case, the board may issue a special permit subject condition to restricting the hours of operation, the maximum floor area, off-street parking, and the maximum number of daily customer or other vehicle trips. So yeah, I think the board should discuss. We don't have to meet a variance standard or anything. on the merits, would there be substantial detriment to the public good in granting this license? And what are the conditions that we would need to impose such detriment? Mary.

[Mary Lee]: Can we pull up a street view of the property?

[Adam Hurtubise]: Is that something we could do? I can do that. Give me a second.

[Russell Robar]: Also, I'm not going to have an external sign.

[Adam Hurtubise]: OK. Thanks for clarifying.

[Andre Leroux]: While that's happening, can I just?

[Adam Hurtubise]: Sure. Go ahead, Andre.

[Andre Leroux]: Yeah, I would suggest. The conditions in terms of hours, we could set maybe like an 8 a.m. to 7 p.m. and maximum like 10 appointments per day, two days a week. That way there's an opportunity to be a little bit flexible, but nothing outside of what the parking permits allow. OK. And in terms of this, it is a corner lot. There's plenty of on-street parking for a couple, like a car or two, in front of their own property. So I don't have a problem with any of that.

[Adam Hurtubise]: Other thoughts from the board?

[Russell Robar]: Thank you, Dennis.

[Mike Caldera]: So I definitely think it's important to include in any special permit some details on hours of operation and so on. So there's no off-street parking proposed. So if we were to impose that condition, it would impact the plans as presented. So the hours of operation, I'm of the opinion we should really speak to the operating hours and the operating days. Otherwise, it's really hard to enforce. It's unclear. How would the city know if it was one hour a day split over six days versus six hours over one day? But not a requirement. Just wanted to throw that out there. I do agree with Andre. If we're too restrictive with the special permit, it could limit the flexibility for the applicant in a way that's detrimental to the business. So having some buffer in there also makes sense to me.

[Adam Hurtubise]: Other thoughts from the board?

[Chris D'Aveta]: Chris. He's before us for a special permit because of the zoning district or because of the use?

[Mike Caldera]: So it's because of the accessory use in this zoning district. So I don't recall the exact zoning district, but in residential districts in general, Business uses are substantially restricted. And one of the rare exceptions is for home occupations. There's some that are allowed by rights, some that require a special permit. This is an accessory use that does require a special permit for the licensed massage therapy operation.

[Chris D'Aveta]: I looked at the zoning and I didn't see why this was even before us.

[Mike Caldera]: So it's 94.3.4.2 is what's triggering it. Yeah, it seems like that's for employees coming to them. Yeah, so it's a little convoluted, but it's trying to distinguish what you could do without even talking to us versus what needs to talk to us. And so the reason why 94.3.4.1, as of right, doesn't apply is it meets six out of the seven criteria. produces customer or client trips to the location. So because it produces customer or client trips, it triggers the need for a special permit.

[Chris D'Aveta]: Ah, okay. Got it. I saw that. Thanks.

[Mike Caldera]: Russell, it sounds like at least some members of the board are considering Approval subject to some conditions on the operating hours. So do you have Like a set of operating hours and days that you're definitely comfortable don't think it's gonna cause any issues for you So you said you're planning to do ten to six on Monday.

[Russell Robar]: Yeah possibly Friday, I'm taking Fridays off now, but potentially Fridays, but I'm just working four days a week now and I work three days downtown. And just the one day we said would be people outside of the city to make it easier for them. Plus, it's not a bad commute for me either. So that's kind of a bonus.

[Mike Caldera]: Okay, just a curiosity question. When you're on site at your other place of business, what are your typical working hours there?

[Russell Robar]: There I'm a little later 1130 to seven, literally just because of the commute. I like to do like a second work late. I actually am a part time musician I have a gig tonight in downtown Boston funeral hall so I don't like to work any later.

[Mike Caldera]: Thursday, so just something like 9 to 7, 10 to 7 would be plenty of coverage and then Mondays and Fridays would be plenty of day coverage.

[Russell Robar]: Absolutely.

[Adam Hurtubise]: Other questions or thoughts from the board?

[Russell Robar]: I work at a rent space called Joint Ventures. They have about 10 locations. I'm at their downtown crossing for Water Street location, three days, end day there just because I want to take the day off. And like I said, it's just, it would be great to get for people that are coming in from out of town. And I have a lot of clients that are doing that.

[Andre Leroux]: Andre, go ahead. Motion to approve the special permit with the condition of operating hours between 9 a.m. and 7 p.m. on Mondays and Fridays. I'll give it a second. I'll second.

[Mike Caldera]: We're going to take a roll call. Yvette?

[Yvette Velez]: Aye.

[Mike Caldera]: Gary?

[Yvette Velez]: Aye.

[Mike Caldera]: Chris?

[Adam Hurtubise]: Aye.

[Mike Caldera]: Jim?

[Adam Hurtubise]: Aye.

[Mike Caldera]: Andre? Aye. All right, this control permit is approved. So one step along the way, Russell.

[Russell Robar]: Thank you very much. I really appreciate your time. How do I go about getting the license now? Do I go see Dennis or?

[Denis MacDougall]: All right. So yeah, Russ. So I have to write up the permit, I mean, the decision, and then it gets checked by legal and then it gets signed by the members and then it gets filed in the clerk's office. At that point, it starts the 20 day clock. Okay. Um, from that point. So I would say probably in the, I haven't done one of these types of decisions before. So sometimes I can bang them out very quickly. This one I think might, I might need to talk to legal a little bit more on it, but a month and a half, give or take, you know, the meeting to when you've got your, whatever, whatever gets filed in the clerk's office, I'll let you know. And that starts the 20 day clock. And then once 20 days are over, as long as there's no appeal, then you go and you get your permit.

[Russell Robar]: Okay. I really appreciate your time. Thank you all for your time. It's a big help. Thank you.

[Mike Caldera]: All right. Thank you.

[Chris D'Aveta]: Take care.

[Mike Caldera]: All right. Is that our last case, Dennis? It is. OK. So next we have administrative updates.

[Denis MacDougall]: Is that right? Administrative updates, I sort of give you the only, hopefully, as I sort of said, we should have a the full complement members by our next meeting um and i'm trying to think of anything internally anything no nothing nothing major i don't think from our end uh you know just the normal compiling is coming through so um should have i mean may will be i think there's like four well five now with the one continued i think i think that's what our numbers are looking for for uh for may

[Mike Caldera]: All right. And then, Dennis, I know you suggested we have a discussion of potential meeting minute formats today. And so you sent over two versions of meeting minutes for the board's review. I have had a chance to look at them. So yeah. How do you want to go about this? Do you want to share some details on it?

[Denis MacDougall]: I'm just sort of giving my sort of initial thoughts. part of me kind of likes a little bit of both. So I was trying to do something actually after I sent, before I sent them off to you, one of my missions was to try to use the program to sort of combine the best of both worlds in these, see if it could do it itself. And it couldn't, but I do kind of, and looking at the one that's just the summary format, I think that's actually pretty solid in terms of, you know, The nuts and bolts of the feeling of the meeting, but then the meeting minutes has a good thing of all the participants, the agenda items, things like that. So. Um, but I kind of wanted to sort of sound your opinions on that as well. And I mean, I think it'd be a relatively straightforward thing. I might have to do some, you know. Formatting just to try to figure things out, but like, you know, the, the 1st part of the meeting minutes, 1 that sort of list, you know, date, time, participants, agenda items, things like that. And then. sort of go into, whereas they have discussion points, then I can just sort of go into the summary part and sort of move those over to there.

[Mike Caldera]: So, Dennis, one question I have, so the software you're using to generate what you then modified for errors, does that allow you to supply a prompt or is it basically just here's a video and then I've made some selections and I just spit something out?

[Denis MacDougall]: Basically you can you can try and sort of tweak it and ask for things and some of them come out okay like you can say I want to focus more on like for the summary like I want you know you can say I want a summary based on you know this and it's it's not great like I sort of found that it's they have like 20 different types of outputs that they have just general ones. So I went through last week, I went through every single one of them and he sent you the three best.

[Mike Caldera]: Okay.

[Denis MacDougall]: So, and those were the ones that I sent you.

[Mike Caldera]: So my curiosity is mostly like, I'll just for the sake of this discussion, call them, um, summary styles. So could you like, let's say the, based on discussion, the board decides, hey, we really like format A the most, but we share your assessment that it's really important to list details about the meeting and its attendees and the agenda items. Could you say something like, here's the agenda for the meeting, this video's out, and I really want Summary in style a but please make sure to list details about the meeting and all the attendees and all the agenda items like the support something like that or I believe so so that's when you know Teresa from our office and myself.

[Denis MacDougall]: We've been the two who've been kind of test test driving this program sort of you know, and I I was, unfortunately, I was trying to get in touch with her today, and we were kind of crossing paths. So I never tried to rush home for something. So I was kind of out of the office for a bit. But yeah, I can sort of looking at what the program can do. It is just trying to be exactly where I have it. So it's actually I can sort of if you want, I'll just let me just sort of do the screen share. sort of show you what it sort of looks like, just to give you a better idea. So basically, this is a recording. And then first thing it does is, you know, it does like a basic summary and then the transcript. And then, like here at the templates, I can ask for all of these types of... And sort of looking at it, I kind of agree with what you're saying. I think there is a way, I just am not, I may actually know a better way to basically, that's what I was sort of trying to do, was trying to get the best of both, almost the best of both worlds format between the two. And it should be my understanding of the software is that that's doable to say, like, I want, you gotta be very precise about what you're asking for, but I think I can kind of nail down the language and then get one which is sort of,

[Mike Caldera]: As I sort of reading myself the best of both worlds, so okay cool that answers my question looks like Andre has a question

[Andre Leroux]: Uh, yeah, I have, I guess, a question and a comment. So the comment is about the format. I liked the summary for the discussion narrative, and I liked the meeting minutes for kind of everything else, because that was the agenda. From what you were saying, Dennis, I agree with you. I would just take, like, that summary discussion and inserted the deliberation part. The question that I have is really a legal one. So if there is an appeal of any of our decisions or question about like what we talked about, is that summary enough detail? that we would be able to, that'd be useful to us. Now I see in here you shared your screen and it has, do we keep those transcripts so we could go back to that? Or is it only, do we have to rely on the meeting minutes? Because I didn't think they were, I didn't think either format would be detailed enough to be able to handle a court case.

[Denis MacDougall]: I'll be honest. I went and looked at other communities meeting minutes for other zoning boards and most of them are just one pages with basically says here was the meeting. and approved or denied. They're very, so I, okay. I am trying. Yeah. So I, I've sort of, and then talking to like other, you know, sort of like it's there. I mean, you'd be literally some of them, some of them just take the agenda and then just cut and paste, like in literally the decision and, you know, do it that way. And then it's very, so, um, I mean, but I have, we have all the recordings on tape. So if we did want to generate the transcript, we can do it instantly with this. So what happens in the case? So we will just for an example, the, uh, the most recent appeal, the one on canal street. So I basically submitted my meeting minutes to them. And then I also provided them with the video of the meeting, which we have. So sort of let them sort of go for it that way, if they want to. do it that way. So, you know, it's like when I first started, I used to record all of our meetings on little tiny cassette tapes and same sort of thing, you know, just sort of have them as a secondary record. But for the meeting minutes themselves, I was pretty stunned when I first saw that, the other ones, because I will say, and this is purely that meeting minutes are the bane of my existence. So finding this, which I think will simplify it is, is, I'm pretty, pretty happy with what's been done with these so far. You know, because I, I don't just staff, I mean, yeah, I staff like a few other boards. So it's getting something like this is, is basically making kind of make, you know, I mean, basically, I'm, you know, constantly working on these are trying to. Yeah.

[Andre Leroux]: Okay, I'm good. Go for it.

[Mike Caldera]: Yeah. Andre, just to add my understanding, Simon, consulted with legal yet. But so in this hypothetical scenario where there's inadequate written documentation and someone sues Discovery, they can basically request the necessary information, which maybe someone would have to testify to. In Medford's case with the videos, the video basically does capture everything of relevance in the meeting itself so that it kind of guards against that. I think that probably the biggest risk in using AI summaries for meeting minutes is in The second biggest risk would be egregious omissions. And the biggest risk would be outright falsehoods. It fabricates the reality. And so as a board, we follow a process where we have to approve the meeting minutes. So basically, we would need a process where it's like, here's the format. Someone at the city feeds in the inputs, generates this, has to review every word, just sanity check that there's nothing glaring. Then we as a board read it, check for errors. And then in voting to approve, we're basically saying, hey, the meeting minutes seem accurate. So that's the process we need to follow. I could get an opinion if it's essential to anybody. OK.

[Denis MacDougall]: uh... what they are interested in sort of much you can you all can't do this but i'd probably have like a notebook in front of you remember basically writing jotting things down so i'd also use that as well as sort of like a secondary i mean it's it's basically a lot of it's like you know just who did what we were in who spoke of things like that so that also sort of helps and then on a paper that there is any quite if i see something like i'm not sure if that's right i just watched the video mentor together from there but I haven't really noticed anything like that.

[Adam Hurtubise]: Okay.

[Mike Caldera]: Yeah. My suggestion, Dennis, we can take, um, some of the discussion offline. Like we don't have to discuss this all publicly, but I tend to agree with spoken. Finding some hybrid way to kind of get the best of both of those examples, um, makes the most sense. So maybe we can give that a try and take most of this. Um, I do want to approve a version of the meeting minutes today. just so that we have one officially. And so I'm of the opinion that the second one, the one that has the details about the attendees and who spoke, even though it would be better augmented with both, that's the one that is closer to a proper meeting minutes. The first one's missing some key details. So I would recommend Yeah, if the board is willing that we vote on the second set of meetings, the one that has the all the attendees and the agenda and such.

[Chris D'Aveta]: Yeah, I'm fine with that. Um, I think I was wondering, Dennis, if there's another like a, if you get versions that you're at least. you know, it works somewhat. Is there a way that you can take the two versions and then somehow put them into a another program?

[Denis MacDougall]: That's what I'm sort of hopeful. That's sort of the idea. And that's what I kind of wanted to talk with Teresa with this. I know she's been she's used them for the Preservation Committee. So I, I think that and I think if there's an option within this program to do so I just So I, but I think there, I seem to recall when I was working last week when I was generating these, there was something where I could sort of create my own sort of hybrid for, for output. And so I think that's there. It's just, I think it's going to be a matter of like just getting the tweaking language just right. So, and really being specific about what it's looking for, but I think it's doable.

[Chris D'Aveta]: Yeah. I mean, I would, I'd be also curious to know about the legal, you know, um, requirements of what are you know, if we put together something and then give it to legal to look at and say, is that sufficient?

[Mike Caldera]: So yeah, so here's my recommendation. Dennis, let's you and I started with legal just generally talking about use of AI in generating meeting minutes and procedure and potential. And we can use these meeting minutes as an example. Like I said, we have the guardrail for any given set. Read them, verify their accuracy, and approve them. So I'm comfortable approving a set today. And then I can report back to the board, assuming we have a response, the guidance. If needed, we could do an executive session if that would be necessary. Does that sound good? Dennis, could you start that thread with them?

[Denis MacDougall]: Yeah, I'll do that. I'll talk to KB Law tomorrow.

[Mike Caldera]: OK. And so, yeah, I'd like to participate in that discussion.

[Denis MacDougall]: Yeah, sure.

[Mike Caldera]: Cool. OK, great. I'll include you in the email too, Rami. All right, so chair awaits a motion to approve the second set of meeting minutes titled, they have different titles. Oh, yeah, the ZBA minutes with a date meeting minutes format. For March 27. Yeah, for March 27. Motion. Do I have a second? Seconded. All right, I'm going to take a roll call. Yvette?

[Mary Lee]: Aye.

[Mike Caldera]: Chris? Aye. Mary?

[Mary Lee]: Aye.

[Mike Caldera]: Jim? Aye. Andre? Aye. Mike? Aye. The meeting minutes are approved. Woohoo, that feels good. Let's do it again. Yeah.

[Mary Lee]: And then it's just for logistics. I won't be here next month on the 20th. Thanks.

[Denis MacDougall]: I appreciate that. That's good. Good to know. Thank you.

[Mike Caldera]: All right. I think we're at the end of our agenda. So chair awaits a motion to turn motion. Second. All right. We're going to take a roll call. Andre. Hi, Jim. Hi. Mary. Aye. Chris. Aye. Yvette.

[Mary Lee]: Aye.

[Mike Caldera]: Mike. Aye. We are now adjourned. Thank you all very much. Welcome Zoning Board of Appeals. We're going to take a quick roll call and then we'll get started. Jim Tirani. Present. Mary Lee.

[Mary Lee]: Present.

[Mike Caldera]: Andre LaRue. Present. I don't believe we have Christy Yvette yet. Mike Caldera and Yvette Velez will not be joining. Mike Caldera present. So we've got quorum. We have four. If Chris joins, we'll be up to five, which is our full voting capacity. So we'll go ahead and get started. Dennis, can you please kick us off?

[Denis MacDougall]: Yeah. So we're actually going to jump a little bit around on the order. And we're just going to 77 Shepard Road. The applicants are going to be asking for continuance.

[Mike Caldera]: So then it's just double checking. Do we have to do the intro blurb about the virtual meeting anymore?

[Denis MacDougall]: No, no, we received word. We don't have to state that anymore.

[Mike Caldera]: Okay, awesome. So let's take Shepard Road out of order then. Can you read that one please? Yeah.

[Denis MacDougall]: 77 Shepard Road case number 8-2025-08. Applicant and owner Christian and Joseph Paradiso to maintain a hot tub classified as a swimming pool at 77 Shepard Road in a single family one zoning district allowed use with insufficient setback from the rear lot line for the City of Medford zoning ordinance chapter 94-4.3.2 for dimensional requirements for accessory structures location of accessory structure.

[Mike Caldera]: All right, and so Dennis, you said you got a request in writing from the applicant to- It was a verbal request, but they're on the call right now. Oh, verbal request. Okay. Applicant, would you like to say anything before the board votes on the requested continuance?

[SPEAKER_21]: Yes. Thank you, Mr. Chair. Our neighbor evidently has retained counsel, and we just received his lawyer's letter. this afternoon only a handful of hours with no time at all to review it so we can properly address what's there and review it.

[Mike Caldera]: All right, thank you. So yeah, the board hasn't heard any evidence. Customarily, we'll grant continuances when requested. So chair awaits a motion to continue this matter to our next regular meeting.

[Mary Lee]: Thank you. Motion.

[Mike Caldera]: Do I have a second? Second. All right, we're going to take a roll call vote. Jim? Aye. Mary? Aye. Andre? Aye. Chris? Aye. Mike? Aye. This matter is continued to our next regular meeting, which Dennis, um, April 24th, April 24th. All right. Thanks folks.

[Denis MacDougall]: With the exact same information that we use for the meeting tonight. Thank you.

[SPEAKER_07]: All right, what's next?

[Denis MacDougall]: 640 Boston Avenue, case number A-2025-06. Applicant and owner Sphere Residential to convert a retail space 640 Boston Avenue into a one-bedroom apartment requiring an amendment to a condition of a variance granted by the Medford Zoning Board, case number A-2015-17. All right, thank you.

[Mike Caldera]: Do we have a representative for the applicant?

[Anne Vigorito]: Yes, good evening. This is attorney Ann Vigarito. I am the attorney for the applicant. And as Dennis stated, we're here to request an amendment to a condition of a variance that was granted by the Senate Board back in 2015. I have a brief introduction and I'll introduce my team. I don't anticipate this taking very long. So, you know, and then we'd hand it off to the board for questions and so forth. So once again, my team, Eric Wyatt from Amana Emma Architects, he's our architect this evening. Paul Spivak, he is the building property manager for Sphere, so for this particular building at 640 Boston Avenue. He will have a few remarks. Just a brief background, 640 Boston Avenue, I'm assuming you may or may not be familiar with the building. But it's 42 residential units and then the one commercial space that we'll hear about this evening. It is right next to an MBTA station, right on the edge of Ball Square, Somerville, so it's a very vibrant area. They received their certificate of occupancy back in 2017. And at that time, they did not get a commercial tenant. They finally got a commercial tenant in early 2020. It was a convenience store, last about eight months. Some of it may have been COVID, but there's also a convenience store around the corner on Broadway in Somerville. And since that time, they've not had another viable resident of commercial tenant for the site. There's a huge, you know, for lease sign in the window. I mean, they've advertised really to no avail. You know, we do have a housing shortage and, you know, at this juncture, it would make a lot of sense to make this a residential unit. You know, it would be a first floor unit. A lot of people look for that type of spacing. You know, they like to be on a first level. They don't want to get on an elevator. It's just, you know, they've had inquiries that people would, you know, wonder, would it be residential? I did submit some letters of support from tenants in the building. Also, some of the commercial property owners sent in letters, Soundbites, Ball Square Cafe, the owner of the Lindells building, You know, they would like to see more residential units. It just adds to the vibrancy of the area. So at this time, you know, this would be a small one-bedroom unit. It would be a 700-square-foot one-bedroom. As a commercial space, it did have two parking spaces. It's a one bedroom and our anticipation is it would only need one parking space so they would have an extra parking space on the site. Tenants but you know a lot of times concerns are you're going to take away you know on street parking off street you know on street parking and so forth so there will be none you know happening. It really should be a good positive asset to the neighborhood. But I'm going to pass off to Paul Spivak. He's the property manager. And then Eric will go through a few slides of the building and what the actual, you know, you will look like as it will be designed as a residential unit. I will mute myself and Paul, if you could unmute and give your remarks. Thank you.

[Paul Spivak]: Thank you, Anne. As Anne said, I've been the property manager since the building opened in 2017. You know, it's a great, great building, great tenants. You know, we have a very diverse group of tenants. A lot of them are graduate, undergrads, graduate students. We have some professionals, some retirees, so a really, really nice mix of and diverse group of residents. A lot of them stopped me quite a bit. What's going on with that space? Why can't you guys seem to get a retail space in there? They said, look, if you can't get a retail space, they thought it would be great to have a one-bedroom apartment there. I have to agree with them there. Had the original owners known what a struggle it's been to get, a retail tenant in there. I'm sure they would have loved to have, you know, taken this with a one bedroom apartment as well. I've seen the struggle from when we first opened. It took us, you know, a couple years just to find the convenience store. And, you know, their thoughts were they're going to have a lot of, excuse me, You know, foot traffic coming off of the new ball square station. And unfortunately, you know, most of that foot traffic seems to walk over to the down Broadway and then the foot traffic never really transpired by sphere. You know, and that plus due to covid, they just, you know, they just went out of business. And ever since then, we've been looking for somebody to no avail. And again, it's just kind of a sore spot to have such a, what we built ourselves as a luxury building, to have a vacant space in there. And I think it'd be just a great addition to have a beautiful one-bedroom apartment there, bring more business to the area, and just an all-around great opportunity for the community.

[Eric Weyant]: I can jump in here and just have a handful of slides. Again, my name is Eric Lyons. I am a design principal of architects in Boston. I assume everybody can see my screen okay. Much of this has already been said, but just to recap, again, the building was permitted and constructed back in 2016-17. It's a five-story building with 42 rental apartments. Primarily the apartments are on levels 2, 3, 4, and 5. The ground floor is lobby space and amenity space and then you can see here in this dashed yellow line that corner which was plan to be an active use retail space which is really struggled and is essentially a kind of dark corner of the building. It's about 700 square feet in size and as Anne mentioned there's 44 parking spaces on site. There's a curb cut down at the far end of the site and then one at the kind of foreground here in this image and all the parking is at grade at the rear of the site on stilts on the back side. So some of the cars actually tuck underneath the building. From an urban design part to see why this space has kind of suffered and really failed as a retail location. This is the building here located or highlighted in this blue line. And, you know, when you look at the character of the street and the adjacent parallel streets, they really are residential-centric. And to assume that people are going to walk up Boston Ave from Broadway to a small retail space is kind of asking a lot of people. This is the primary retail thoroughfare, obviously, connecting across to the T-Stop. And really, this is where the you know, the main activity occurs and likely should have occurred and probably didn't make sense to propose that as retail beginning of the project. I was not the architect for the record of this conversion proposal. So this is what this site looks like today. As Anne mentioned, there's kind of a big banner in the Storefront looking for tenants and as Paul mentioned, there really has been no activity on the leasing front and it's really a shame because this corner of the building could be much more active, have eyes on the street and kind of provide some good to the public realm. This is a picture of what the inside looks like. There's still some of the old countertop and shelving where your snicker bars and candy would have been displayed from the store. It has great visibility out to the street. The bottom panes of the glass are kind of frosted in the storefront from this level. It's clear. We don't propose using the existing double doors as a main entry. We're going to use the primary entry lobby as the main circulation to access this unit. I can show you that in a second in the plan. This is a site plan overview that again shows that surface parking at the side and rear of the site, curb cut here and then one just off the page on the corner. This blue here is that existing retail proposed one bedroom, one bath apartment. And this is the current front door to the building. This is the entrance lobby. There's a small conference room. There's some amenity space on the ground floor, fitness room. And then the backside of the building is primarily back house with bicycle storage. And as Anne mentioned, from a zoning perspective, there really is a zero proposed change to the parking. The current zoning requires 1 space per 350 square feet of retail, which would. required two spaces at 700 square feet and at two spaces per unit for a one bedroom unit that would also require two spaces so no change in the parking demand on the site. And this is the proposed ground floor, as I mentioned, folks will use the hallway connected to from the main entrance lobby, they can pick up their mail and packages, make their way down the hallway into the entry space here. Across the Boston Ave frontage is primarily the kitchen, living, dining of the apartment, and then tucked around the corner is the bedroom with the bathroom located in the center. This is the fitness area to the side, so we've located some even the run of kitchen and kitchen cabinets along this edge just to provide a little bit of additional sound mitigation between the two spaces. And I think that's about it, so I'll pass it back to Anne for any closing remarks, and I'll be happy to answer any questions.

[Anne Vigorito]: Thank you once again. This is Anne. You know, we're not asking to construct a new building, so I don't want to waste precious time at the boards, but an additional residential unit would be an asset to the neighborhood, especially this, you know, area Looking at the empty storefront with the four lease sign, it's a nuisance, it's unattractive. People who live in the building, they'd like to see a residential unit there and quite a bit of neighborhood support for this conversion. I would respectfully request that the board would vote in favor of this amendment. But we're here, you know, any questions you have, please feel free at this time, whatever we can answer, you know, we will thank you so much for your time.

[Mike Caldera]: Thank you. I'm actually going to start I just want to lead with a technical question to make sure the board. is understanding and considering the right criteria here. So the application is to amend that was from back in 2015. And so I just want to make sure what the specific portion of the variance is that needs amending. Was it a use variance? Like, does it need to amend the use portion? I know it references that the petition already had the mail space, but I'm not seeing any specific language in the variance pertaining to that. So could you just clarify where the...

[Anne Vigorito]: I believe it was for the condition that the ground level would be retail, or I'm sorry, commercial space. Sorry about that, the retail. But so it's because I believe when it is worded correctly in the advertisement that's in the meeting agenda, it's an amendment to the condition of the variant. So one of the conditions was that there would be a commercial space on the ground level.

[Mike Caldera]: Okay. Yeah, so there's language in the variance itself. It says, as required by the site plan review process, a number of City of Medford department heads have submitted letters to the Zoning Board of Appeals recommending and in some instances requiring compliance with certain conditions to be incorporated as part of any approvals that may be granted by the ZBA. Then it says rather than repeating here each and every recommendation requirement, We're going to require all of them, with one exception. There were some recommendations from the Historical Commission that the board diverged from. So was that required by the CD board in their recommendation or some other?

[Anne Vigorito]: No, it was required by the Zoning Board of Appeals in their decision.

[Mike Caldera]: My point is the decision, and sorry, I don't want to drag it out, but the decision basically says we impose the conditions as the zoning board that the various departments and boards recommended. But it doesn't say which recommendation that came from. So I'm just trying to make sure we understand where it's required.

[Anne Vigorito]: Right. I, you know, I have the original decision and, you know, rebuilding 42 residential units. There was a slew of yes, requirements, but. Unfortunately, I was not the attorney at all. And when you are the original attorney, it's amazing the things that you'll remember. But I believe because it was to be a mixed-use building, the logical is you put commercial on the ground level, not on the second or third floor. And I read through it.

[Mike Caldera]: I don't want to belabor it. So here's what I'll recommend. So clearly the. The variance was granted references the plans, which did have the retail and it references conditions recommended by various boards. We're not anyway as a board voting on the amendment today, so we'll just kind of take as a fact for consideration that this indirect reference impose some condition that required the retail space and the board will be voting on whether to amend the decision to remove that condition, and we can figure out later exactly how that needs to be worded. So I'll just, it sounds like you're agreeable to that, so I'll open the floor to other members of the board. Questions from the board? Go ahead, Jim.

[SPEAKER_21]: Do you have any pictures of what the apartment will look like from the outside?

[Eric Weyant]: But it will look exactly like the ground floor, let me share my screen again, looks today. We are not proposing any changes to the the architecture per se you know we will likely have some type of window treatment on the inside that would allow the resident to you know similar to the upper levels roll the view in and out but this will largely look as it does today it's really just an interior modification and change

[Adam Hurtubise]: Are those the doors that would be?

[Eric Weyant]: Yeah, these would just stay as is, but we would allow them to be used only for the building. We don't anticipate this being a new front door. We are not proposing to put on hardware that would allow somebody to come in and walk in this way. We prefer actually that these doors stay secure and closed and only in the event of an emergency could be used out of the building. Yeah, we really want to direct people in through the existing lobby front door, which is down the page on the left here of this image, grab their mail, packages, and then make their way into the unit through the corridor on the backside.

[Unidentified]: Thank you.

[Mike Caldera]: All right, and then I saw hands from both Chris and Andre, and I wasn't paying attention to who raised first. So we'll go to Chris next. Thank you, Mr. Chair.

[Chris D'Aveta]: I had a similar question to yours, which is, I assume this must have been permitted under some sort of special permit with site plan review or something similar. So I would think the condition for the ground floor retail would have been in that permit.

[Mike Caldera]: Yeah, that's my best guess, Chris. But unfortunately, I didn't see in the folder the site plan review, so I wasn't able to independently verify it. It sounds like a condition that would be coming recommended by the CD board during that process. And a lot of the other letters that were there didn't specifically reference it. So that's my operating assumption. But like I said, I don't think we have to Did not conclusively today. We can vote on whether to amend and then figure out the specific language to amend later if the board chooses to approve the amendment. OK, thank you. All right, Andre.

[Andre Leroux]: Yeah, I was going to ask what Jim was asking. I mean, it seems like there should be some modification to the exterior Bye.

[Eric Weyant]: I mean, just as a perhaps counterpoint, I think a lot of people look for and like a loft feel apartment. This has a ground floor with a tall ceiling and big windows. I know it may not look conventional in its residential appearance, but I think would be very appealing and interesting to a number of folks that would consider making this their home and renting it. understand your feedback.

[Mike Caldera]: All right. Thank you. I'll go next. Have you talked with anyone in the city departments about the proposal to convert this from retail to residential? Do you have any feedback from them on the proposal?

[Anne Vigorito]: This is Anne Figueredo once again. I spoke to the director, the commissioner in ISD for some direction and just to build upon that with the doors. I mean, I'm sure everything will have to be code compliant. So I'm sure the building will have things that would want to see that. But in the infancy stages, I did talk to some of the planning people and I did receive positive feedback. I also talked to one of the city Councilors last year. I'd say last spring, I spoke to Kit Collins and she had some positive feedback. You know, at the time, the sphere was debating, you know, should we you know, do this or, you know, keep an empty space. And I think, you know, it just made so much more sense that, you know, the residential would be much more worthwhile. And, you know, as I said, I think you know, non-vacant residential unit versus, you know, this blank retail space, you know, is much more attractive. I've always felt that, you know, this is almost an attractive nuisance, you know, and they see an empty space and, you know, you don't know, it's almost like a, an invitation to, you know, they haven't had any issues, but my fear was the, you know, something could happen if someone notices that it's vacant long enough. And I know they get the owners as, you know, they, as Paul did, many of the other tenants in the building have asked, gee, you know, do you think you could make it into an a residential unit, I have a friend that would really like to be on a first level. So, you know, like I said, I did speak to some of the planning people, you know, Dennis McDougall always gives great direction. And, you know, I had conversations with him about it. And I did speak to, you know, building department officials, and the most recently the commissioner, but some of the other building inspectors, and they seemed very positive about it. And like I said, I did email Kit Collins that we were going forward. I haven't heard back from her, but when I initially spoke to her, she seemed positive about it. She thought it was a good thought.

[Mike Caldera]: OK, thank you. Other questions from the board?

[Mary Lee]: This is just purely for aesthetic purposes. Are there any alternatives for this store? For the exterior of the door, it's basically for aesthetic purposes. I'm just wondering if there's a possibility for modification.

[Anne Vigorito]: Right. I mean, I know, you know, I brought this up because they'll have the sphere, you know, with their contractor will have to work with the building department and, you know, I'm sure they're going to have to follow building code, but Eric might be able to make some suggestions of alternatives, but I'm sure everything will be code compliant.

[Eric Weyant]: I think from a design perspective and cost perspective, to be honest, it's unlikely that there would be design modifications that are kind of structural in nature, changing the windows, et cetera. I mean, there could be an opportunity to provide some type of translucent film or something like that to maybe change the character of the glass, but unlikely to pull out the doors and replace it with something else, given the cost of construction. the pressure on that for the success of this project. And I know early on when we first started looking at it, we thought, oh, it'd be really interesting to put like an infill, that whole little recessed area with a planter and, you know, have some plants or whatever growing, you know, in the container in that space. But from a building code perspective we needed the second means of egress. The first will be going out through the front door of the apartment which goes out into that hallway to an egress door and then the second means of egress again emergency would be out one of these double doors. So the idea of kind of putting a planter there seemed like a you know non-starter to comply with building code but yeah so Long answer is probably not going to be any major design opportunities to transform the storefront, but there could be some minor applications that could be considered, I suppose.

[Mike Caldera]: Thank you. Along the lines of where Mary was going with this, I understand It's not technically required to revisit the Community Development Board. before asking for an amendment to the variance. We certainly have some first-hand knowledge of the challenges filling the space. If we were going back to 2015, the zoning board at that time felt it was necessary to impose a condition that we think came from the CD board at the time during the required site plan review. Have you considered going back before the CD board and just getting their take on the proposal? Because otherwise the zoning board is going to be trying to decide between, well, does the experience you've had filling this retail space and the hardship it's created, is that enough to revisit and compensate for the prior recommendation from the CD board that the zoning board felt was necessary to impose. So, you know, if you could, if you just went before the CD board, it would perhaps put that issue to rest.

[Anne Vigorito]: So are you asking us to go to the CD board and come back or?

[Mike Caldera]: Yeah, I mean, I wouldn't. take it to the extreme of me specifically asking you to do that, but I'm just presenting some possible options. It sounds like you haven't considered that, or at least haven't chosen to do that yet. I don't think it would be required for the board to render a decision for you to make that visit, and I understand it adds time and potential costs, but just in terms of what you're asking the board to do, You're sharing your experience renting the space. The board can certainly weigh in on that. We can share historical information. The CDE board made the recommendation that required this retail space in the past. So if you were to go before them, they could clarify now, with the benefit of this information, whether their view has also changed. Anyway, just just throwing that out there. I'm not trying to like, there's no hidden message.

[Anne Vigorito]: I'm not trying to process. I mean, I think if the board board, I mean, perhaps we could have the architect meet with someone from the CD board for, you know. direction on some design so that, you know, we're not coming back. And it's like you said, it ended up being, you know, it could be a six month ordeal, or it just might be faster to say, well, if the board is comfortable with voting to approve, perhaps a condition of that is the architects tech work CD board on, you know, some design matters.

[Mike Caldera]: Right, we have to be careful in how we worded it, so it couldn't be conditional on a CD board approval. But yeah, we could have some language saying, you know, conditional on the architect talking with the CD board to review some design considerations. That's a good point.

[Anne Vigorito]: Yeah, I try to keep it simplified. I figured that to less confusion, more simplified.

[Mike Caldera]: Okay, other questions from the board? All right, we will open it up to public comment. If you're a member of the public and you'd like to speak on this matter, you may do so now. You can raise your hand on Zoom, type in the chat, turn on your camera and raise your hand. You can email Dennis dmcdougall at medford-ma.gov. I believe Attorney Vigarito already mentioned that there are a bunch of letters of support from residents and one of the neighboring businesses. Yeah, Shereen Cousins, please state your name and address for the record.

[Shirene Cousins]: My name is Shireen Cousins, 71 Riverside Avenue. I came in a little bit late to the meeting and I just was trying to understand, is it finalized that it's not going to be a retail property anymore and you're definitely changing it to an apartment location? Are we trying to decide that right now in this meeting?

[Mike Caldera]: Great question. So the request is back in 2015, the zoning board approved some variances, which included a condition that that ground floor be retail. And the request is that the board amend that decision to remove the condition that the ground floor be retail. So it seems the intention is to convert it into residential. And so the board's deciding whether to remove that condition.

[Shirene Cousins]: Okay, definitely understand. My only concern with it being now apartments, I think it may be other people's concern as well, is the visual aspect and the safety of it living on the ground floor and people having that much access, whether the glasses are not, if somebody can just peer through, that's a little invasive. So that's just my thoughts.

[Mike Caldera]: All right. Thank you. Other comments from members of the public? I do not see any. So the chair awaits a motion to close the public portion of the hearing and enter deliberation. So moved. Second. Second. OK, we'll take a roll call. Chris? Aye. Aye. Mary. Aye. Jim. Aye. Mike. Aye. All right, we are now deliberating. What do you think, folks? I guess one thing I'll clarify as we deliberate my read on the original variance is that changing from Retail to residential doesn't fundamentally change the hardship that they needed to demonstrate at the time for the variance. So I do think the board can basically consider, in light of this additional hardship, whether to amend the variance in some manner, which could include changing a condition or removing a condition.

[Andre Leroux]: Andre. Thanks, Mike. It's been 10 years since the project has been permitted and they've only had for eight months of that whole time. I do understand the issue here. It's a little unfortunate, I think, but probably the best outcome that we can hope for is to put a residential unit in there if they're not going to expand the amenity space down below. All right, thanks, Andre. Other thoughts from the board?

[Chris D'Aveta]: Chris. Yeah, I mean, not to belabor the point either, but back to the original point, do they really just need to amend the special permit and the zoning board even had jurisdiction over.

[Mike Caldera]: Yeah, so Chris, what I know with certainty with the info we have is that the zoning board imposed as a condition any recommendation that was in the CD board letter. That part I know.

[Chris D'Aveta]: Just transferred everything from the special permit from the CD board over to what became a variance.

[Mike Caldera]: Yeah, I mean, at the time, the zoning was different. I think special permits were somewhat more narrow, at least. So I don't, I haven't done like the full legal diff then and now. But, but yeah, it's, if indeed it is the case, which that is my understanding that the zoning board imposed as a condition of the variance this requirement, then it would be inadequate to merely modify a special permit. It does require an amendment. was referenced in the original. It was like a non-conforming structure. They can change the use by special permit subject to some, we'd have to make a determination, but since it's in the variance, it was only allowed by variance, that's the variance itself needs to be amended.

[Chris D'Aveta]: Okay. Yeah, it seems odd, but I'll go with that. That's my only, I don't have, you know, honestly, to the point of the project, um, I know this is happening. uh you know across a lot of valuable real estate so it's not surprising to me that these folks are here for us to request this um i do you know it would be nice to know that at some point perhaps when things get busier once again at these once current being commercial in some way, you know, but it will be of course up to the owner, whatever is more profitable, seek that.

[Mike Caldera]: Yeah. So Chris, if we were to remove the condition that it be a retail space, and so the applicant intends to convert it to retail, if they then in the future wanted to convert it to residential, they then in the future wanted to convert it back to retail, it would just require a special permit. It's only modify the variance if there was a condition that needs to go away, changing the use of non-conforming structure, which would still be non-conforming, that's just a special permit.

[Chris D'Aveta]: Yeah, that's what I would hope that would be the case, right?

[SPEAKER_07]: Other thoughts from the board?

[Mary Lee]: So Mike will be voting what the condition of the architect, the CD for, or are we just voting for the amendment?

[Mike Caldera]: So that's for the board to determine. The relief required is the outright removal or modification of the condition requiring the retail space. But in modifying the variance, the board could impose other conditions within its purview. So we could, for example, remove the requirement that it be a retail space and add the condition that the architect discuss with members of the board. City Planning Department and the Community Development Board possible design choices for the ground floor unit or something like that.

[Andre Leroux]: Andre? Just on that issue, you know, I feel that that has very little benefit. The CD board members are not the same as the ones that this project and I don't really see what they're going to be able to do at this point. Yeah, I'm not necessarily in favor of adding another condition.

[Mike Caldera]: A condition like that has limited legal teeth. It signals the zoning board's desire and requires a conversation, but it can't require an approval. Legally, those don't hold up anyway. In that sense, the condition for signaling, I think, then legal teeth. Other thoughts from the board? Yeah, I mean, my take, I think 10 years is a long time. I do think there was ample incentive for the owner to try to find a tenant, and clearly they struggled mightily. Also, the location, while somewhat nearby other retail businesses, it is a bit of an odd walk. It's on an island of sorts. So I do see the hardship in this case. And I'm comfortable proceeding. I don't think we need to have an additional checkpoint. I don't want to unnecessarily delay things further. So that's all. I think from a legal perspective, modification is the same criteria used to justify the variance before would apply to this new proposal. And it's just more of a board determination whether we're comfortable removing that condition or modifying it.

[Chris D'Aveta]: Mr. Chair, I move to approve to remove the condition on the variance requiring commercial space on the first floor. All right. Do we have a second?

[Mike Caldera]: I'll second. OK. We're going to take a vote. Andre? Aye. Chris? Aye. Mary? Aye. Jim? Aye. Mike, aye. All right, the variance is hereby amended. We'll work on putting that into writing. We'll figure out the precise way to word it so it has legal bite or clout so you can do the modification. Dennis, any other logistical items on this one?

[Denis MacDougall]: No, I don't think so. But actually, do a first pass at it and send it over to me just to my expedite matters. If you can do that, that would probably help matters quite a bit.

[Anne Vigorito]: All right. Yeah, my office will run that and you know, we'll converse with you.

[Denis MacDougall]: Exactly. I'll be here to be a sounding board as well.

[Anne Vigorito]: Thank you so much.

[SPEAKER_07]: That's great. Thanks, folks. Have a good night.

[Anne Vigorito]: Thank you. Good night. Thank you very much. Have a great evening.

[SPEAKER_07]: Thank you very much. All right, so what's next, Dennis?

[Denis MacDougall]: 289 Fellsway West, case number A-2025-07. Applicant and owner, Edmond DeMori, to change a single-family home at 289 Fellsway West to a two-family home in a general residence zoning district allowed use within a sufficient lot area lot width per the City Method Zoning Ordinance, Chapter 94, Table B, Table of Dimensional Requirements.

[Mike Caldera]: All right, I see we have someone named Edmond here, so is that you? Hi, welcome. You're currently on mute. Sorry. Hi. Welcome. Yeah, so we are hearing your case. I know you made a submit, provided a bunch of details. Is there anything you'd like to present to the board?

[Edmond DeMori]: I just want to say thank you for the opportunity. I did plans that I have submitted. The house was a single family, got approved for two floors. single family, and I'm just trying to make it a two-family. And I did provide parking and basically the only thing I need is the lot size that I don't have. I'm just trying to see if I can get the approval.

[Mike Caldera]: Okay, Dennis, could you maybe help so we can... Yeah, I'm jumping on that now.

[Adam Hurtubise]: Is it showing up? Yes. OK, great.

[Mike Caldera]: All right, so we're looking at the plan. So can you maybe walk us through the petition? So we need, you do need a, actually, is it, Dennis, is this a variance or a special permit to change the use? I know a lot of the dimensional violations are staying the same.

[Denis MacDougall]: It's a variance because it's going from a single to a two, the lot width and the lot area are increasing, which would then- Right, got it.

[Mike Caldera]: Yeah, that's my reading on the ordinance as well. Okay. So yeah, so Edmund, as part of the petition for the variance, you need to The board is going to need to associate something unusual with the shape, topography, or soil conditions of the lot and or structures with the hardship in literally enforcing the zoning ordinance. So this is a GR district. The use is allowed by right. If the dimensional requirements are satisfied, they are not. So if you could walk us through the unusual aspects of the lot and or structures, as well as the hardship.

[Edmond DeMori]: So currently, it used to be a single family with one floor. I got the approval for permit number BRP24-00416. And based on that permit, the house got demolished, a whole new foundation, and we got a new basement and first floor and second floor. Got approved for five bedrooms, a living room, and three-fold bath, one in the basement, and one on the first floor, and one on the second floor. And that's what currently we have right now. But I was just wondering if I, since I already, I'm not changing, The height or anything has been the way it is right now from the outside. I'm only converting it to two families that are single family. So everything will stay the same the way it is right now, per the permit that I was just gave you earlier. Just the adjustment will be for like the second floor will have two easements where like the main one and the backup one for emergency and the same thing for the first floor. and three parking lot being provided and nothing's outside of the house. It still has the same exact dimensions.

[Mike Caldera]: Okay, questions from the board so far? Dennis, we also have the architectural plans, is that right? Is that something you could

[Edmond DeMori]: Right, just provide the new plan how it looks like.

[Denis MacDougall]: I'm not sure which one of these is the best one to show for your benefit, but I can slowly scroll through them if you want me to stop.

[Mike Caldera]: Yeah, and then maybe you could just tell us what we're looking at and Dennis can... That's the front of, if you look at that, that's the front of the house.

[Edmond DeMori]: And the side of it is the entrance to go up to the first floor and then you continue to the second floor. And then if you go into that little sunroom, then that'll be the entrance to the first floor and stairs going up to the second floor. And the layout of the house is the same. First and second floor, you'll have a, you'll walk into the kitchen, then you have a dining room or living room behind it, then a full bath and two bedrooms in the back. And pretty much the same layout for the first and the second floor.

[Mike Caldera]: All right. Questions from the board?

[Chris D'Aveta]: Chris? I'm sorry, I'm having trouble pulling up my version of the application. How much direct dimensional relief are we talking about, if any? Or is it all setback?

[Mike Caldera]: So if I'm reading it correctly, Chris, the lot area is 3,300 square foot. And required is, it looks like it says 10,000, I think it's 6,000, but that's what I saw in the table of use. Right. It's 3300 right now. Yeah. Yeah. And so, um, in the current use, which is a single family, the required is 5,000. Um, and then additionally, the. Lot frontage required is 50. And the... Wait, did I do that right? No, it's... Yeah, the required is 50, it's 35. The required width is 100, it's 35. The required depth is 103.84. So yeah, in terms of the ones that would actually change the- so I think the frontage is actually supposed to be 35. That's what I'm seeing in the table of dimensional requirements. So the change in use imposes an additional requirement of 1,000 feet from 5,000 to 6,000. Yeah. Then in terms of the width 50 to 60 and the depth from, 55 to 60. Variance is required for lot area. It's 3,300 versus the now 6,000. The frontage looks okay. The depth, it's 35, used to need to be 50, now it needs to be 60. The depth is fine. I may have missed something in my summary, but high level that's. And the height, do you know about the height? Height. So the height is 31.35 foot. And the height... Proposed height is 31. I think that's the proposed height, yeah. And the allowed... Height is 35. So height is five.

[Chris D'Aveta]: Yeah. Okay. That, that was, that was good. Thank you. Um, that's essentially what I was curious about. It looks like a question, I guess, for the applicant is you're going to build a basement level with perhaps, uh, doesn't exist right now. Or is that, is that what I'm saying?

[Edmond DeMori]: It's already existing right now. Like what you see on the plan. That's just the plan. It's already been built based on the level, first floor and second floor as a single family. It's already been approved and built.

[Chris D'Aveta]: Okay, I'm seeing it on the map that I'm pulling up. Maybe it looks like there is not a basement level, but.

[Edmond DeMori]: No, you do have, you walk if you go back to that map.

[Mike Caldera]: You're on mute, Edmund.

[Edmond DeMori]: Sorry. So you do have a beta from the front, and then on the side of the stairs, you go up to the first floor, then the second floor.

[Chris D'Aveta]: Okay.

[Edmond DeMori]: And that's what's there currently?

[Chris D'Aveta]: Right. I don't see that on the map that I'm looking at, but maybe I'm looking at the wrong building, perhaps.

[Mike Caldera]: Dennis, you had your hand up. Would you like to share something?

[Denis MacDougall]: Yeah, it was just while you were working through the dimensional stuff. Yeah, you basically got it right that it's by going from a single to a two, the lot area goes from 5,000 to 6,000, and the lot width goes from 50 feet to 60 feet. Those are the two things that they need to get the variances on. Everything else is within acceptable numbers.

[Mike Caldera]: All right. Thank you, Dennis. Other questions from the board?

[Mary Lee]: Um, I just want to make sure I heard the structure. Second floor is already completed built. Is that what you're saying? What you said?

[Mike Caldera]: Right. Yeah. So Mary, my originally, sorry. Oh, yeah. I was just going to say, and please chime in Edmund. Um, I think it's an alternate configuration of thing structure. that would make it a two-family, and it does not change the footprint in any way of the existing, it does require some modifications for egress and so on. Right, okay. Other questions on the board?

[Andre Leroux]: Yeah, I'm just trying to, you know, look on the map and the different angles of these, of the property. And I'm just, it looks so close to the adjacent properties that I'm, can you just explain again how the.

[Edmond DeMori]: Yeah, it's, I don't know how to explain it. It's five feet from the other property. It used to be single. We use the same footprint and instead of having one level and one up to two levels. Right.

[Andre Leroux]: And that, but, and what was that permit to go from one level?

[Edmond DeMori]: It used to be just one level single family and the permit gave us the okay to make a single family, two levels.

[Andre Leroux]: That was the, that was just like, just through the building.

[Edmond DeMori]: Right. Right. They got converted from single family, one level to single family, two levels. Yeah. So Andre,

George Scarpelli total time: 1.56 minutes total words: 140	Kit Collins total time: 0.12 minutes total words: 14