##VIDEO ID:O1xnC-jHzV0## e e e e e e e e e e e e e e e e e e e good evening this is December 10th the zoning board of appeals I am Janice Tara I am joined by Hector VES willio Arthur Arsenal John Dei Marilyn Vega Torres Joe Mahoney and Hugo Perdomo we're going to take things slightly out of order today because it's somebody's birthday and she shouldn't be sitting here if she's got if we can get it done so we're going to take 202 24211 125 to 139 Library Street Sunrise after Care LLC for train transfer of ownership for the conditions of the original petition special permit is not transferable without petition and approval of a new permit issued by the zoning board of appeals this basically was something that we uh a condition we put on the last special permit this the planning board did did the planning board even have to look at this John push your button push your button planning board did look at it because it required action on a special permit they have a recommendation uh their recommendation was to approve it uh with the uh carry over the conditions accept a condition requiring a new special permit okay well the public participation of this portion still open um for the record formally introduce yourself please birthday girl first of all thank you so much for talking to the mic please thank you so much for the courtesy of letting me go ahead of time how my birthday is all have um my name is Dena Brown from the law firm of bletzer and blon fine now um is there anybody here who wishes to speak on this there being none I'm closing the public participation portion of this hearing do we have a motion to on this permit Arthur I make a motion to accept the um special permit for 202 24-20 uh 2021 uh with the standard conditions and the conditions that were previously approved other than the condition to come before us again to transfer ownership correct do I have a second Marilyn all in favor I I you're done thank you so much I really appreciate it it's been a pleasure working with this uh city of CH thank you enjoy your day happy birthday happy birthday the next one we have a request for withdrawal for I have a peti or a a motion to withdraw without prejudice I make a motion and second I second it Marilyn all in favor okay the next one we're moving and grooving here 202 24-20 um 170 everv DSM mb1 LLC for special permit seeking approval to construct 19,90 foot liquor store John what did the zoning board have the planning board have to say about this appr push a button planning board uh approved the major site plan and recommended approval of the special permit with uh conditions would you have a list in in front of you okay um is there anybody here who wishes to I'm still going to still as public participation is open is anyone here wishes to speak on this okay there being none um I want to close the public participation portion of the hearing have you have Gentlemen please introduce yourselves and go ahead Carmine Tomas uh from LT development development manager for Market Basket with me tonight is Eric gerod from VHB uh the civil engineer for the project and Rob na from vhp the traffic engineer have you had the opportunity to review the special conditions proposed by the planning board we have okay John are you comfortable with these uh push button are you comfortable with the conditions imposed by the planning board or recommended by the planing board I am the department is is comfortable with them let's take a quick look okay do we have a motion I'll make a motion to accept um special permit 2024-25 the next one is 2024 22 29 Central AV Christopher friend for special permit and variant seeking approval for the construction of a rear deck which fails to meet the minimum requirements for rear yard setback side yard setback and combined yard setback and because of the the reason that we canceled last month this is sort of going backwards this has already been to the planning board so because even though it's the first time we're hearing we will have the ability to vote on this today so why don't you introduce yourself and ask and tell us what you're interested in I'm Christopher friend I own uh Central laat on Central AV and I'm just interested in uh using the rear space behind the laundermat to build a deck for uh customers it's just undeveloped kind of uh plot of land right now and we've been joined by Joan cronwell hi um so explain your picture a little bit oh yeah so uh that upper left hand picture that's the rear of the laundermat right now uh so it's just kind of just undeveloped little yard um and then if you look at the right that's what I'd like to do um which would be well there's actually two things going on there uh on the left hand side you can see oh sorry like on the right hand picture the architectural drawing um there's like a little structure that's coming out right yeah that's that's it right there uh that's because the dryers need additional makeup air so that would be uh basically just a structure with louvers on it to get more makeup air for the dryers and then uh pretty much just what the picture shows just building a deck uh so what part is the new part is it a the flat it's a flat it's a a deck that is John you want to go is it a deck that's flat okay that's the new part okay yeah that's the new part what you can yeah what's current is the left hand upper left hand picture um but that but the building is so you're not doing anything to the building other than the venting area for the drive yeah exactly yeah just the venting area and the deck that would that' be the only alteration um okay so does anybody have any questions before I open it up to the public so the deck area is just for customers and they'll use it like throughout the year or just like in the summer months or pretty much as long as it's warm enough for people to be out there um I mean people a lot of people you know sometimes will be in there for you know up to 4 hours sometimes and they'll bring their kids so right now um kids get bored they run around do you plan on having like tables set up chairs um or you know couple the idea is probably do a couple benches around the perimeter and then leave the interior open so kids can just run around out there in circles but have um yeah probably a few benches just so just to spread people out make them more comfortable while they wait and how how tall is the fence uh the fence I believe is going to be 42 in I don't plan on doing a fence like the drawing um it'll probably either be like a wood lattice or I might do uh like um like a rod iron fence um generally when um we don't necessarily decide that here but we would ask that when you finally you work with the planning depart the department yeah I would like Implement also like hours so it's not like around I don't know what what your operating hours are um but yeah oh yeah limited to specific hours kind of like so it's doesn't become a disturbance to neighbors yeah no absolutely if they get Rowdy so what time is are you open until generally 5:00 a.m. to 10 p.m. so yeah that'll be fine I'm sure there would be a I'm sure yeah I could get like a system uh on a timer for that door so it' be locked between certain hours so if you you know they're quiet hours um could just have the door be locked from inside and outside so people can't go out there even even though there's been a recommendation that it be open from for the hours I think yeah I think it should be more specific because you're you're open from 5:00 a.m. to 10 p.m. and that's seven days a week right yeah so I would limit the hours and don't want to meet be a gra what hours do you think would work a grinch or anything like that but yeah wouldn't want people hanging out there at 5:00 in the morning or at 10 o'cl at night you know what time no no kind of thing so what times what hours do you think would be maybe like 9 to 7 or do you think that's two or 7 to 7 um yeah I mean do you think I prefer so I'm trying to think well if well you don't necessarily want people running around at 5 o'clock in the morning outside in no that at that would be fine yeah because it's the laundermat doesn't do much business between 500 a.m. and 7 a.m. anyway um so yeah I mean be fine we do like maybe 7 to like 8:30 is that okay yeah I me well what do you thought we think 7 to 8:30 is reasonable no okay okay thank you um is there so this is um anybody else before I open to the public so this is still a public hearing is there anybody here who wishes to speak on this they are being not apparently I'm going to close the public participation portion of this hearing you also are looking for variances and so we have to approve the variances you're looking for a variance for um construct for out what what's the nonconformities for the alter extend Rec construct a non-conforming structure within a required yard required y rear yard setback minimum side yard setback and combined sidey setback so there are four criteria that you have to deal deal with and we have to go through each of them one by one so let's start with that as soon as John pulls it up just give me a second to find it yep you I have them with me and I don't today it's a little it's a little slow but I love your screen saber thank you okay so the first one is we're going to go through them one by one and the answer to all of them has to be yes because so the variance is sought because of soil conditions shape or Topography of which of such land or structure and especially affecting such land or structure but not affecting generally the zoning District in which it's located so that basically means it's you got to there's no you can't do you have any room to put the rear and sidey yard setbacks uh you're looking for you're looking for you're looking for um relief from the amount of area that you know you're not supposed to be close to a certain Edge or whatever so is it you know the variance you can you have you have to you are you need the required year these minimums to be not there or else you couldn't build the deck yes correct I mean it's let's let's try I think you're GNA have to help a little bit oh okay I'm trying to give you a hint this earlier yeah so I mean I don't know if this is it's based on the just it the build the land is the land if you so if you had a three yards if you had a 20 foot setback which is what's required how how big is your you're looking for how big is the space you're looking for um I'd like to it's it would be about 20 by 25 so so the space is 20 by 25 and it abuts your property uh yes it it goes to the edges of your property correct deck so if you put a 20 yard setback you wouldn't be able to do anything correct yes okay a literal enforcement would involve a substantial hardship Financial or otherwise to the petitioner or applicant um yes I guess how would yeah tobs but why what's the hardship so um it's basically really to help uh I guess be better for the customers so that the hardship might be that you're got so much use that it'll be overcrowded and uncomfortable for people inside the building exactly yeah overcrowed it's not a financial hardship it would be a uncomfortable for your your your people using your your site correct okay yes relief may be granted without a detriment to the public good this is the easy one yes it's yeah why uh it's good for the public yeah I believe it's good for the public yes okay exactly thank you and and and with mitigation proposed and the conditions it will have minimal impact on the on the okay yes okay okay okay and it may be granted without um basically derogating from the purpose of this chapter it's it's not creating a big problem uh no yes yes okay you get all the yeses thank you we don't was help as much for this but this is pretty small one so basically what the John could you tell us what has been proposed by the planning board or you or the or the planning department uh both the planning department and planning board are in support planning board voted to recommend approval with the conditions on that you see on the list so that would be design review the hours though would be changed from Seven rather than consistent with exactly your opening hours they will be from 7: to 8:30 it's the only time it can be opened and no Lighting on the budding properties no light showing on the buing properties do we have a motion Hugo you want to make a motion let make a motion to approve case 202 24-22 29 Central a uh Christopher friend for special pyramid variances approval construction um with the rear Deck with the standard conditions with the conditions as articulated second second Joe all in favor all okay you got it thanks Merry Christmas next case in front of us is 20219 63 Harvard Street Sergio sarant public hearing and here to determine if this is a major or minor modification um could you come before us and ask tell us what you're looking for intro you got you got to talk into the microphone and introduce yourself hi good afternoon talk into the microphone please good afternoon my name is Natalia YZ I'm here to help my mom uh translate okay so what do you want what are you looking for we're looking thank you for your time uh we're looking to modify the wall that is currently in the parking lot to make it like it is stronger for the space there is do you have any pictures I do have it on my phone do you have any that you sent to John I'm I'm bringing them up okay these ones that's not it obviously I'm sorry I don't have them okay so you don't have any pictures that you sent to him for you my mom says yes but well right we're going to talk about this but you can't ask for something like that and not have give us something to look at okay so I don't know I'm not I don't know what you want to do so I can't take it I can't Envision what you want to do so unless you can show us something I'm not com I can't figure out what you want is there any and it can't be on your phone can I mail it to somebody H can I mail it to someone can she email it to you as it would it be worth I mean I I don't have access to so email I mean I'm not I don't know I'm just not I don't know you if you can't describe to us what you're looking I I don't know what it looked like before or what you want it to look like now so I don't I can't say if it's major or minor that's yeah even if it's some PL some kind of something that you have Marilyn do you have any thoughts i' like to know like what's wrong with the wall the existing wall does it they want to move a retaining wall I think but I don't know where and why and what other impact it's going to have she saying that U talk could you talk into the microphone and please identify yourself as The Interpreter my name is Swan beral I'm The Interpreter uh she's saying that actually her son sent a picture already to to you guys of what is intended when did he send it he may have but I don't have access to it picture was sent when he made a request Mr minute see if we can do something that's saw we have to put it okay we're going to take a break so IFH if she has the picture foree 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 we appreciate that but if we can't find it then we're going to have to move this to next month because we can't you know it may be something very minor in which case it's not a big deal but it may be that there are something it creates bigger issues so we just need to know that before we can approve correct that's what I convey to fore speee so John this is what they sent us um Hector is printing out the actual formal request that he submitted okay but these are pictures of what yes so walk so tell us what you had approved move before and what you want to change tell introduce yourself for good evening everyone my name is Gloria Brea and is this your home that is my home correct so tell us what you want to change from what was previously [Music] approved so the uh the wall it was approved in and then when we were in the process of building the wall they stopped the construction of the wall that was approved [Music] why so app the inspector that went there to inspect did not have much knowledge of what was happening and we had one of the neighbors complaining about [Music] it so we decided not to build a wall we just put a fence there and so but it looks so where where do you want to put the new wall do you want to put it in the same place it was before or are you putting it somewhere else same place correct so so you're not you just well then why is that a modification why is that a change because it would only be in front of us you've already got an approval to do a wall in that spot so you must be wanting to put it somewhere else or it wouldn't be a change yes [Music] the purpose is to build it exactly at the same place but we cannot make that even because there is a wall that belongs to the neighbor there then you're not proposing to put it in the same place I mean you either are putting it in the same place and are not asking for a modification or you're moving it somewhere else and you need to show us where you're moving it it is exactly the same place then you don't need to be here if it's exactly the same wall we've approved the other thing there's a retainer wall by the driveway we would like to repair that because it's deteriorated the retainer wall that already is in there so are you talking about a new retaining wall not a change to the existing retaining wall that's been approved that is the the old wall that existed there that is there already is what is that's the one you want to take down we would like to not only repair that wall but we would like to extend that wall a little bit okay so this to me is something different than what they proposed before it's not a modification from I'm hearing of what they said I mean if they were wanting to move the existing retaining wall then they already been approved and I'd want to see the impact but it sounds like you want to do something different on your property and it also sounds like you want to add two more parking spaces and where would they be so we like to build this wall there to make the driveway more even okay you're asking for parking spaces a new retaining wall a new stair and a new set stair correct doesn't sound Al also we will need to know the size of the other the wall that were approved before because on number two it said that the new wall will be 19 ft of length so that means is is a little more longer or or or but want to demolish the existing retaining wall which is I I don't think it's the one we've approved it's a new one because they wouldn't be demolishing it if they just built that one no say they existing retain right but they have it's right so they're they're not I thought they were originally coming to us because they'd got an approval for a retaining wall and now wanted to move it location but it sounds to me like I'm hearing they want to build a completely new retaining wall an additional retaining wall to what's already there John is that the impression honest with you I I don't know I I don't I've read the requests but I don't I cannot figure out from that request what they are asking okay want to continue this to January I think we I think we're going to need to continue this because and you need to have somebody come in and talk with John about what you're looking for because we're not sure it sounds you're asking for something more complex than you asked for before you want to add new steps you want to add a new retaining wall and you want to add two new parking spaces that that sounds like a major PL change to me in which case you'd have to have a real hearing on it okay we'll do that okay yes so we you know you can talk with John um about whether or not that's John um you know what to have some be clear about what you're looking for have pictures that explain it and also he he may be able to give you some guidance than whether or not he thinks it's more than just a minor modification just a some suggestions whether that makes spoke with the husband on the phone that he has the intention of coming here providing more clarity and possibly bringing pictures for better and should send the pictures in advance the pictures and the drawings we need to see in advance of the meeting how would they submit those pictures to January 14 how would they know about their next hearing but they have to January 14th I just said January 14th but before then they better make CH with John talk with the Department you know know what's going on be clear about what you're looking for thank you very much for your time and have a good night everyone thank you and Merry Christmas Merry Christmas to you too thank okay and now um we have um zoning board meeting schedule review or do we are we doing that continuing as part of that of does that continue as part of the meeting John or do we okay all right Hector you're on it's me hi so you all have a copy of the meeting schedule for next year so I want to make sure you look at that right now I just want to update everyone regarding the meeting schedule for next year so as you know we hold our meetings every second Tuesday at 6 p.m with some exceptions made due to holidays so we might have to change the date the first or Tuesday but generally we usually stay around the realm of Tuesdays so I just want to inform the board that the zonia board of appeals meeting date for the month of November 2025 will be held on a Wednesday so this is do part for three reasons one the actual date for the second Tuesday November 11th is Veterans Day so we won't be open that day two the first Tuesday November 4th is election day so no hearings can be done during election day and then three the third Tuesday 18th will be the planning board meeting so I'm just giving the board uh so sorry as of as such the meeting will be held on November 12th at 6 PM so November 12th 2025 at 6 PM the meeting will be held I want to give the board adequate time to make the necessary adjustments to their personal schedule and then like and I always feel free to reach out to John r i if you have any questions that's it any questions thank thank you I don't think we in all the years we' I've done this I don't think I've ever remembered moving it to a Wednesday or I think I think you might have had a special meeting like the um Soldiers Home had a special meeting you might have done that but a regular meeting we've never really had other than on a Tuesday that's interesting and that just means it's going to be easier parking as well too there you go and John you have some updates yes so some on minor updates just want to bring to your attention that the when the governor signed the economic development Bill a few weeks ago she also uh signed the accessory dwelling unit law which um uh allows accessory dwelling unit in all districts that allow single families by right no and what is an accessory DW what does that mean they Define it as uh a unit that is um not primary unit it is accessory to an existing dwelling it cannot be more than half the size of the unit that it is accessory to but no more than 900 square feet it can be in the same building you know add a floor put it in the basement it could be in a garage it could be over an existing garage it could be in a new structure adjacent to it um it goes into effect February 2nd we've submitted a an amendment to the uh Council for review to just give us some protection um executive office of Housing and living livable communities um has been very slow and sending out guidance in fact we just got it yesterday so we have we're reviewing that and we're probably and to make some amendments to the amendment um but that's one of the things I want to let you know that that's coming up um so give me an example of how and what we've done with that would bean um I spoke with a a gentleman uh who worked in the city hall he has a garage uh adjacent to his house he was asking me about putting a second floor on it uh for a uh 400 square foot unit that he could live in when he retires access and he would do that he wouldn't even have to come in front of us anymore he could do that by right he the use is allowed by right the um City can put reasonable restrictions on dimensional regulations and on umal regulations and parking but even the parking uh the state says that you cannot require an additional parking space if it is within a half a mile of a train station or a bus station uh if it's outside that you can require only one parking space uh they also have some other restrictions on it um you cannot limit it to uh owner occupied units you cannot limit it to family you can't limit it to Affordable uh you can restrict uh that it cannot be short-term rental which the amendment I put in does that um and um you could put some design guidelines but they have to be reasonable uh design guidelines but okay but the guidelines would really come from the Department because it would never get to us right okay um it would the the idea here is to create housing usually accessory drawing units are usually used for those things I said for affordable housing for families or uh for um uh to allow some you know somebody who retired to live there what if somebody was wanted to convert their basement they could do that so that would be it has in a single family district and we could we can limit the number of accessory dwelling units on each lot and remember I did limit it to one okay so they can't be putting a bunch of little 900 square foot things you know when the bulk of the Lots in this area are 3,000 square F feet it's really hard toow more than one accessory drawing uh another thing that has been I'm sorry single yeah then uh districts that allow single family structures so in that case in Chelsea it's R1 R2 R3 neighborhood business I believe and Waterfront or something like that not that it's like our industrial districts our commercial districts do not allow single family but but that will be only for personal use not uh for rental not for rental nothing it could be for rental it could be for rental yep yeah the um the state is really trying to like John said maximize housing production and they estimate that by broadly allowing adus it could create like 8,000 to 10,000 new housing units so it's really to try and combat the housing crisis in the state um at least that's the stated goal and the expectation of this um she also signed another bill and that's the permit extension act so um all permits that were active between January 1st 2023 and January 1st 2025 are automatically extended for two years even if they've already expired they get extended for two years beyond their expiration date all permits all all land use permits all environmental permits some licensing permits anything involves land use have been extended and again that wouldn't have that would they would just get that by right just Automatic by writing we don't have to send out any notices they just it will just confuse things a little bit when that period ends but yeah yeah so it's two years from the expected expiration right when the original expiration date okay so and then um oh um we've submitted another zoning Amendment to the council and that is to allow uh fish processing in the industrial district um we have a u a business owner who would like to locate in Chelsea in the industrial district industrial district does not allow for Fish seafood processing so we put an amendment to allow it wouldn't that be something that would generally be in the um Waterfront District or something um or the actually there actually was one when I first started working in the 90s there was celx Seafood on on marinal street and there is one operating on 50 Eastern now to this at this this time uh industrial districts are located along Easter na they're also located along Second Street and and Williams and marginal also it's to allow it by special permit not by right by special permit okay those are just some updates on to give you well thank you um that being said do we have a motion to adjourn Arthur Second Joe all in favor Merry Christmas Merry Christmas e