okay the meeting of the Somerville planning board for February 28th 2024 will please come to order adequate notice of this meeting has been adequate notice of this meeting as required by the open public meeting act has been provided Ed copy of a notice specifying the date time and location was one posted on the bulletin board outside burrow Hall two maale facts are emailed to The Courier News and three given to the Kirk administrator this meeting is a Judicial proceeding any questions or comments must be limited to the issues the board May legally consider in reaching a decision and the deor appropriate to a Judicial hearing must be maintained at all times uh uh roll call chairman avado yeah here Mr rinsky Mayor Gallagher here councilman V here M adir here M Warner Mr crasa here Mr cresties here Mr Cleveland here okay pledge of allegiance iedge alance to the flag of the United States of America and to the Republic for which it stands one nation God indivisible liy and justice for all okay approval of amendments for February 14th second uh any additions or Corrections okay chairman Nado yes mayor Gallagher yes councilman V yes Mr D Mr CA yes Mr cres yes Mr Cleveland yes okay um my comments are going to be fairly brief we uh I'll open the meeting up to the public and then immediately following that I will entertain a motion to go into executive session and we will adjourn to Executive session so um at this point I will open it up to the public for comment B Cisco 37 Eastern Avenue uh good to see you all again um I have a question um or concern about the building on the corner of Davenport and High Street this is across from the back of the Somerville Middle School right it is currently being rebuilt and as as you know I uh dropped my kids off there so I see it almost every day and um I was very surprised when I saw the third level go up on it um and compar if you look up and down High Street from Bridge Street to Mountain Avenue every other building on that street on that area is a two twostory with a attic level two and a half story um building this building right now assuming there's going to be a roof put on it is going to be a three and a half four story building and it looks out of place already so before before you go on this board did not have jurisdiction over that that was a board of adjustment application that's a zoning board I don't know the difference between the zoning board and the planning we we didn't we did not approve that well but there's got to be a plan I understand that maybe that's okay that's fine you didn't approve it but there's a got to be a plan in place for the height of or or the what I guess my question is what is the plan for High Street in 10 years from now 15 years from now based on the current plan that is in place today does this planning board want High Street to look like Main Street or do you want it to look like it looks today and the reason I asked that question is because what's going on right now in that building sets a precedent for that strip of High Street to turn into Main Street so I would like to know what is the plan for High Street the plan is the same as every other residential Zone in the burrow there's a limitation of Two and a Half stories with 35 ft I think in that zone and and if you go to Cliff Street down Bridge Street wherever you go that's the plan people go to the board of adjustment to get relief from those requirements and that's what happened why doesn't why don't we say no why was this not rejected you have to ask the board of adjustment that I I wish I could help you but I can't um again but there's a we have a plan you just said that we have a two and a half story thing and we ex we make exceptions why would we make an exception look and that is something that you'd have to ask or or look at the minutes of of the zoning board um that was approved sometime I'm assuming last year yes at some point so so just in general we have a zoning ordinance and it's based upon the different zones so it's a res R1 R2 R3 P different zones and that dictates all of those requirements within that zone if somebody wants to put something in that's different that deviates or there's a variation from what is allowed in that zone they go to the Zoning Board of approval and they have to prove that there's a what's the term there's a beneficial use right a benef a need a beneficial use for the deviation from The Zone that's not something this this body crafts The Zone the burrow Council approves The Zone the zoning board hears the variations to that so they basically override your over Road your no it's not an override what they have to do is it's it's it's a Judicial body so there has to be evidence that's presented that that presents their case for to allow it to happen or not happen so another person could come in and make the exact same claim and build something right next to it another four or five story building and it could get approved and so that's my concern is that with that High Street based on what was just approved there's now we now have precedent from that board that they will allow four-story buildings on High Street it now looks out of place we can't help you with it why not why not because can Council take we cannot interfere with what the board of adjustment does applicants have to go and make a case and there are in the municipal land use law there is a list of standards that they have to adhere to in order to make a case before the board of adjustment and apparently they did so so why would they approve this when it knows that it's out of character and be and does not apply go along with the planning board's recommendations I I can tell I I'll answer you honestly I don't know I I wasn't I wasn't here yeah I don't I don't know well none I'm very concerned by this I think this needs to be addressed maybe by the council um that maybe this plan the Zone zoning board sorry not the planning board that's you guys zoning board is is running a muck right now and not looking at at the best interest and so um I know we've talked about doing uh an you've mentioned um doing a complete reevaluation of all the pl all the zones in in Somerville now one what I just learned is that that doesn't mean much because this zoning board can override it so that's a problem but two I would encourage you all to do it as fast as possible we now have two visible issues that the town the town can see the gun store and now this building that you know that the plans are not bringing us to where we want to be and I bring it back I there was a social commentary um from a resident of Westfield that was just published the other day and she complained about um Westfield has become and that that resonated resonated with me very much and so very concerned about Somerville growing too fast too much and becoming what Westfield is now which is what we don't want Summerville is close to what Westfield is is in its Heyday we should maintain what it is today and not and protect it not we have to be very careful of overgrowth that's what that's my reason for being here today and bringing up this building is protecting the growth of of Somerville and making us sure we don't turn into the next Westfield where it's just unmanageable so so also bill just so you know well Lou than expected there um th those are all public meetings as well so they're the other Wednesdays from when we meet I can only have certain number of meetings I can go to you know so I'm counting on you know us too so we're not at those meetings either um but so any anybody who makes that application does have to go and if there is opposition from the neighbors they all have to get noticed every everybody within a certain range gets noticed that there's a meeting about that and what it's about so that they can go and do what you're doing um but at the zoning board for those applications those just you know how soon can meetings are also what's that I'm sorry also published on the website the Bros website I'm sorry I I just it's just frustrating yeah we have all these different meetings and zones and boards and all this stuff I'm bringing it to your attention I hope you guys do something with it because very concerned ered about what what this building the presedent it sets and I would think I would hope that maybe you mayor Gallagher and the council can just put an emergency stoppage to all building and going on right now until this full review can be completed that that that's not I understand it I understand it can't be done but I just want it on record that I think with the gun store issue this issue that we need to act with haste and get this done fast there's a lot going on so yeah there is go a lot going on and what I can tell you and I I don't you before the meeting started we're actually going to adjourn into executive to craft the RFP to hire the professionals who will address master plan zoning plan Redevelopment plans uh all of those plans that that you're talking about um because we need to yeah it it's it's time and I think we need to do it fast so um so hopefully I don't know who who does that zoning board report to or they they own SE they're they're a they're judicial body right they're a judicial body and they're independent and neither the burough Council or the planning board can interfere with an application that's before the zoning board are they all Somerville residents or are they other res oh yeah all all Somerville residents um so I hope you all my message all I can tell you is the the the zoning board does a good job they do uh there had to be a compelling reason for that to be allowed to happen what that is I don't know will I find out yep um and and I I just don't know what that compelling reason is do you understand my concern about what president sets for High Street yeah I I do um it's but anytime so so whether a resident wants to do something in their yard that doesn't comply with the Zone they're sent to the zoning board and there has to be a compelling reason so it doesn't matter the size the scale the depth the breadth it it goes to if it doesn't fit within the constrict of the zoning ordinance you go to the zoning board that's what happens I can't imagine any reason that they would approve that because it ruins the character of that street well again again you have to you have to ask them I I understand that I hear that but I'm here today asking the question but but again we're not allowed to interfere with that we're not allowed the these are these are autonomous judicial bodies and and you cannot you can't there there's so how do we protect Somerville how do we protect ourselves appc just you know when there is a planning board application people come here and they stand up and you know they object to it or whatever um and then that's the discussion but it has to be at the appropriate so easy it's so easy to miss those meetings though if you're not paying attention every single time you know I mean things get through and yeah it's I'm I'm out five six nights a week at meetings and and you know it's I'm wrapping my head around everything in that's gone on over the past six years so it's going to take a little time yeah excuse wednes first first and third I don't know if they're meeting in the first okay March 20 thank you thanks thank you hi mck mberg 31 Eastern Avenue um again for the council's recommendation uh we're remaining involved in you know a variety of topics when it comes to planning to the town uh the one question I had and an idea that I had because I want to kind of come with you know some thoughts is uh there's a few committees that were formed recently to try to address a couple areas um uh of the town uh I'm wondering since you all are actively going to be going into a planning session uh you're looking to do you know kind of a revision of the plan um I asked last time how does the public get involved in providing input feedback I assume there's some sort of form Beyond just this where I'm speaking right now where I could be maybe a little more descriptive in my recommendations but I wondered is there not that I want to add 10 more committees to the to the board here but is there has there been thought around an advisory committee of some sort from the residents around when me finish around uh drugs alcohol and Firearms as a category since that right now is kind of a cluster topics seems to be very interesting to most of the residents um things have happened over the past decades some things which we would have preferred to have been more involved with or more more informed about um so my main question is I know there's an action on the table with the the planning board and the council uh I'd like to know how we remain involved and informed about decisions as they happen you're hiring somebody through an RFP assuming we'll be privy to that process when somebody's brought on board to help with planning okay let me explain the process we are going to go through once once we get the Professionals in place we're going to discuss them the the issues that we're going to consider in public meetings and the you can sign up to get notified by the burrow of all the events that are going on you can go on the website and take a look and see what's coming up on the planning board agenda MH or the zoning board agenda or the council agenda and it will be a public process for every single thing that we do it's always a public process okay so beyond attending and I'm aware of what's on the uh the burough website in terms of what meetings are posted uh but the today's agenda was pretty vacant it was really just come over have a quick chat and then you all have to obviously go into your planning uh session after this so it doesn't leave a lot of time for a discussion you know I don't want to drag this out but um I am concerned that we'll be going meeting to meeting and there won't be won't I concerned I won't hear much and the rest of the town will be kind of waiting on what's next how do I give my input I don't want to have people giving input on Facebook right that's obviously not the not the mechanism here but unfortunately that is a lot of how uh misinformation spreads so I'd like to use this form an official process provide our feedback our input you give us feedback on what's been happening um I know you don't have a timeline yet but assume the RFP has a has a an end time in which they must comply with we're devel we're we're going into to develop the RFP okay that's what we're developing so let me I I guess let me talk to you about what how we've handled this kind of thing in the past um and and I assume that's going to be the same way it's going to be handled this time um so the the the professional will be hired uh or professionals will be hired and we'll task them um we have to determine what that um that ladder is whether it's master plan first then Redevelopment plan zoning we have to craft what that ladder what that uh importance level is um from that uh the professional will begin to to uh to look at it begin to tear it apart begin to ask us questions um once we get it into a form uh professionals will come and make a presentation on what that form is and that's when we begin the opportunity for the board to question um you know to pick it to pick out and that's also the opportunity for the public to pick at it um and ask questions um you know it's it's it's a good process it's worked very well over the 25 years that I've been involved um and it seems that everybody walks away and they're a part of that process is that fair enough that's exactly yeah okay because for for example today there's there's not a lot of people here there may be some people listening or following along yeah um but my goal is to try to get more people involved because if you're not here you can't speak um I but I don't want to keep coming back to meetings and just saying the same thing over and over again I'm assuming that's going to be a way where we move forward you can also always email Jenna or I don't burn how it would work and they disseminate to the entire board um you know your thoughts concerns Etc which sometimes works better because they are not just shocking us with now we have time to look into it and get an answer the solution before the next Mee to an answer so anything we send by the way to the planning board is that uh does that become official record or at least a communication that I can say on you know uh Wednesday the 28th I sent this me this mail to Jenna to the board it's been a month I haven't heard anything I'm assuming and out of courtesy we we received the board receives all of the mail all of the correspondents that we get uh and anything anything that happens at the meeting is part of the record a letter isn't necessarily part of the record unless it's entered into at the meeting so you can send a letter and there are times when a board member will bring it up or a a resident can bring it up at the meeting um it's it's just you know every every resident in town cannot be individually notified every time something's going on and that's I mean the law says if you're within 200 feet and there are variances that you get notified yeah I'm aware of that process actually um I I want to make sure if if I have a list of recommendations I have an opinion or I have hey I think this might be useful to the to the team here here just like um the bill was saying uh if we have a concern we want to be more elaborate about our description rather than just a verbal description I want to give you a write up of what i' I've seen maybe pictures of something I've seen um I'd like to make sure that's not just going into a let's say a they call kind of a dead letter q and an inbox doesn't go anywhere right so um I'll come to these meetings but I'm not giving you a piece of paper today but I may have something more elaborate I want to share uh including other committees that might be of use over time in Somerville um so I'm a bit repetitive here it's because I want to make sure I'm being heard I'm speaking for a lot of other people that aren't here right now um and I don't want them all coming up eight times saying the same thing so I I think that's a good point I mean if you can aggregate some of these issues concerns as we go through this process and be a part of you know the development of that then that's a great thing because it when when folks come up and it's it's the repetition of of what you're saying you know for and five and six times um you know everybody here has time too and and you know that that's if you can kind of aggregate some of that that's great right realizing that's you know based on information I'm gathering that of course in there's a certain bias you know based on what I'm obviously trying to put forward there so um and and our so you know our job the planning board's job is to vet through that um and you'll see the vetting of those different opinions and convictions on what is appropriate in his own what is not appropriate in a Zone what we think we should change what we shouldn't change and and you'll see that dialogue go on at at at this table okay and then I'll just one final question I think this was answered last time um anything that is in place today right is is considered grandfathered into the plan or is there at some point let's say a house that's five stories tall um that goes against the master plan 10 years from now I obviously can't tell them to tear it down but but is there ever an adjustment or requirement to comply with new standards yes okay so even something that was being built today few years from now you can say it's it's not part of the master plan it's not part of the zoning part part of zoning yeah but once once it takes place once it's there we can't put the matter of business right that's what that's what I mean yeah so so it's grandfather for lack of a better term it's yeah so uh so follow up on that whenever there's a is there renew a to um to permits the doing things uh let's say let's talk about retail again if you're a licensed retailer on Main Street or wherever else uh how long does a permit last for and do they have to reapply for a permit and be reevaluated again meaning um is there a statute a statute of uh in terms of how long a permit is is legitimate for I don't know what you mean by a permit so if a business opens up I'm kind of being a little bit indirect here a business opens up um uh do they have to reapply for their right to do business you know let's say on Main Street I mean other than like there no so using that same yeah pre-existing it's called pre-existing non-conforming that's that's the fancy term for it so if they are a pre-existing non-conforming business so so let's say we change the zoning downtown and we exclude you know that'll never happen don't do that um uh and if they're open we can't say get out okay I had a feeling that was the case but um I'm obviously asking for some underlying reasons so um yeah I would I would encourage you to look into the municipal land use law that explains a lot of the rules that we have to live by and it's all about process so if you get a chance and it's a state law and it governs how we operate and it governs how the board of adjustment operates yeah I'll do my best I don't know how long it is I can tell you it's a it's a dry read it's very ex so so while I I appreciate the suggestion I'm also coming here for help summarize what something means so if I have a specific question you can answer this is what that means right so I may not understand the code obviously that's not I'm not on the board it's not in my profession I'm a resident I know as much as I do from my own you know home and my own environment so um I'll do my best but I can't guarantee I'm going to be able to cite every item there no but it's it's it's good to understand the relationship between the burrow counsel the planning board and the zoning board and how they how they operate independently that's it's it and that's all governed by Statute that's just it's just the way it works um the challenge is if we do something wrong we can be held accountable for that yeah um so so you know we're governed governed by state law we're governed by State Statute and if we do something wrong the ramifications personally and as an elected official or an appointed official are pretty serious so you know we have to take things very thorough right and each member of this board and the board of adjustment and the buau counsel takes an oath of office every time they're either reelected or reappointed so it's not like we're just up here having a good time no that's not what I was meaning doesn't doesn't look like it right now okay and I think we all got involved including me and and that was 35 years ago I got involved because just like you I saw things going on that I didn't like and I I approached the people in power the governing body and I said I really want to get involved and that's that's how I started and it was it was because I wanted to know how to do it why things were happening and that's why I'm encouraging you to look into the municipal land you slow because while it is dry reading it will explain to you what the relationships are okay just be prepared I may come with questions after I read it okay so you've been warned okay thank you all right well that's all I have thank you very appreciate it okay anybody else I'll close the public session okay so we need a motion to second to to ex executive session and then just for the record um before we take the vote uh when we come out of executive we will go back into open but no action will be taken correct yeah okay we have a motion in a second chairman Nado yes mayor Gallagher yes councilman room yes Mr s yes Mr crasa yes Mr cresties yes Mr Cleveland yes okay I'm going to turn the mics off there well mine stays on e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e all the they're on they're all on how do we do this so I'll make a motion second okay Jenna chairman aado yes Mr yes mayor Gallagher yes councilman room yes Mr Mr crco yes Mr crusties Mr yes those in favor I was opposed thank you