##VIDEO ID:hi1hD_34Mw8## welcome to the uh December December 9th uh 2024 meeting of the zoning subcommittee of the r city council please rise and salute the flag 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 andam clerk roll call of the members councelor greo SAA here here councelor Kelly here here Council noeli here here Council sylvestri here here and chairman zambuto here here corm is present first item on tonight's agenda is the application of Judith Palomino 942 winr a r mask requesting a special permit from the rier city council to enable the appellant to convert a non-conforming mixed use structure comprised of two residential units in one commercial unit to a three family residential structure at 942 with they B I believe we're going to hold this till the end of the meeting uh the applicant has not shown up next item please next item is the application of Daniel sea and Andrew sea sea Family realy Trust 21 Green Street rivir Mass requesting a planned unit Development Special permit to enable the appellant to construct an apartment building consisting of 29 one-bedroom units within the Ted District at 21 Green Street gentlemen good evening Mr chairman members of the soning subcommittee um I again present you the information that for the most part we presented to the council so I'll make my just for the TV ordinance your name and address attorney Larry Simeone our office is a 300 Broadway via Massachusetts thank you so with respect to today's meeting the um what we've done is we've got two um expert Witnesses which will be testifying one is uh to my left Peter blell the other one is is um uh Doug stos the architect so the um basically Mr chairman we do represent uh Andrew seeka trustee and David and and Daniel sea Trustee of sea Family realy Trust And 21 Green Street Roy trust the property that we're dealing with is 21 Green Street okay thank you the property we're dealing with is 21 Green Street it consists of lot part A 2875 Square ft and lot y 4,960 Square ft the property combined is 7,996 squ Ft the property was a single family home which was raised by my clients the property is located in the Ted District Ted District allows 25,000 Square ft and 50t of Frontage the project itself and the applicant seek a special permit in for a plan unit Development Special permit to construct as the clerk read earlier 29 one-bedroom apartments approximately 500 to 600 square ft a piece in constant with the application the for special permit we filed a shadow study to every member of the council um the shadow study was will be updated briefly to address some additional questions tonight the project height as agreed upon with the ward counceling is 46 ft the frontage of the building will be located on the lieur bank side again the comments were required in Nas for by the ward councilman which we were allow which we agreed and dis and discussion as to approximately three veteran uh income housing units so um I'll introduce um Mr stanos name and address sir yes sir um Douglas stephanov business address of 423 West Broadway South Boston I'm the architect and proponent so thank you all for your time I have some small copies if Madam cler like got some copies for you easier to read I'll go through the presentation uh quickly uh to you just if you'll wait a minute till everybody gets their Cofe I'd appreciate that certainly thank you they're double-sided so just to just follow the sequence um so first of all I'm here thank you Larry representing the sea family a proposal to do a fivestory 29 unit multif family building on the property that's between lead Burbank Highway and 20 and 21 Green Street we haven't really got a lead Burbank address just yet but what you all start off with is the ground floor plan so we have um a studio and four units on the ground floor uh obviously stairs elevator uh trash room Transformer room are all inside the building um the second floor is a little bit more spacious that picks up the next uh single bedroom unit the other um there are five okay there are um um one bedroom units on Floors two through five so the second floor is typical uh for all the upper floors uh there is room roof access for mechanical purposes only there's no intended occupancy for the roof uh there is a little bit of obviously elevators requireed an overrun so there's an over elevator uh overrun and just the minimal uh headhouse to get uh to the condensers which would probably be or the mechanical equipment that would be on the roof that's the plan on of the elevation uh we're proposing a brick base with a clabbered uh upper stories four Stories the building is 49 ft to the roof as you see in the drawing crested with a a cornice um we're trying to provide as much windows and light for the one-bedroom units um that allowed obviously the side walls are 3 ft back from the property line so we're limited on 15% of fenestration or Windows per floor so we're pretty much right there so that's the the front for the sides are are similar uh same materials um bedrooms face the sides there is occupancy on the ground floor and the back which faces uh Green Street uh similar fenestration Windows materials and so I have uh updated the sun studies so if you were to turn them from left to right it goes 9:00 12:00 3:00 so and of course the three main times of the year summer The Equinox at the spring and the fall and the winter so as you can see most of the Shadows are cast South is to the back of the building so North is where the Shadows cast primarily on Lee B Burbank Highway um and as you get to the end of the day yes I I will admit it does cast a shadow on the neighbor so I I'm cognizant of that and I'm I'm not arguing that fact at all so uh this is spring fall so obviously 93 I mean 91 123 excuse me and then winter time as you know one looks outside we have a short day for the sun morning uh noon and of course the afternoon is dark so apologies but winter time is dark uh are there any questions I can answer any members okay no thank you so I would like to Larry do you want to speak to the Civil so I'll just introduce our civil engineer um I'm sorry Peter Peter Peter Larry whatever you want call it's fine take away hi everyone uh for the record Peter blazel uh from Williamson spres at w 89 North Main Street in Middleton Mass um nothing really um to see here other than U there's there's no Wetlands there's no flood zone uh we don't have to have any Conservation Commission filings here uh all of our utilities will be connected on Green Street um there will be the lobby entrance on uh lieur Bank Highway um as as the the architect mentioned trying to keep the height down a little bit um barring that uh we did go through site plan review and we got some comments back um where as it was uh previously um about 98% 97% of the site was impervious um we're trying to at least keep it about the same maybe reduce impervious a little bit by putting some Crush stone or some Mark melt or some Landscaping on the side we did talk to um Frank stringy and the site plank uh Review Committee about doing a little bit of landscaping on uh Green Street which is a private way they seemed okay with it for now my understanding is that there was a vote about possibly changing the parking uh on Green Street to one way so we'll have to see what the ultimate impact of that is if it stays the same or they do want to have a little bit of landscap it on the street a couple plantings that type of thing uh beyond that um there's really no other issues here as far as uh civil issues but if you have any questions please feel free any questions for the civil engineer no okay thank you everybody um I I see the ward counselor here McKenna Ward one counselor thank you Mr chairman uh I just wanted to answer your question about Green Street it was already passed um one there's going to be oneid of parking uh and it was already passed by the um zoning and then uh traffic I'm sorry and then um I'm trying to get permanent permit parking 24 hours uh 7 days a week down there um so that's the next traffic commission meeting which is in January so I just wanted you to know that thank you thank you okay I believe we have uh some people from the audience that might want to take a couple of minutes and I'll stress a couple of minutes name and address for the record please Sean m 18 Green Street um I just want to ask a few questions about what was just uh said he said the max height was 46 feet and then he explained with his boards he said 49 ft can you check your um markups to see what the max height is might misspoke might misspoke all I heard 49 I apologize not not point fingers okay and then and then secondly I have a question and this is not this is separate from what I had to speak I'm reacting what I just heard to yeah the green space in front of their property now they say that's the back door but it will essentially be the front door for residents let's just you can't your front you can't a front door on an off R from a highway okay um and that road that that Greenway it's in the road it's not on their property their building is right up to the property line and now they're taking more of the road to have a Green Space in front of their back door it makes no sense if anyone goes out there and actually like goes to Green Street and if parking is on this opposite side which it sounds like it is which is great the road is so narrow as it is and now they just made it even narrower they just made a bottleneck at the road it makes no sense I don't know who's approving this but as a resident it makes no sense so please take that in you want to address that I'm sorry Sean Sean uh Mr chairman again um when we were first doing this um we didn't know that they were going to be changing the parking from one side to the other uh we just it is it is a private way it is narrow however the city as you know likes to add some plantings and that type of thing um at the time it was brought up from the site plan review committee that that vote had would be coming down the road so I'm not sure of the ultimate impact on this um it did it does make sense sometimes when the city wants to you know remove impervious area and add in some Landscaping it may not be ultimately um what the city wants to do here now that the traffic committee has changed it so um that being said um I'm going to revisit that with the city planner and see if they still want to do it but the other reason um it it was brought up about possibly doing something is to discourage anybody from parking there so if we if we take away the because right now everybody pretty much Parks you know right but that that'll be the side of the street that no parking is I I would assume so so we were trying to put that in there to discourage the uh parking issue and if it turns out the city doesn't want it we'll revise the plans with no no difficult so that's to be decided later I don't think that affects the project in any not in that regard sir dramatic way thank you chairman okay now you can so my back story is I'm also turn that off Pur so I'm a resident live across the street I'm also a registered architect all right so I'm looking at this as a professional and and looking at their Shadow study they the shadow study they show night is a little more accurate it still seems a little off but the one that I looked at they were using plan North as North not true north okay I'm going explain myself they AR take the building straight up and down so they use North as the top so they use North as the top and they use South as the bottom and they did their Shadow study based off of that all right in the real world this is Google Maps it's not to orientate the building the way they have it sorry North is This Way North is about 50° off of what they were showing all right so when they say when they were saying that this is the 3 p.m. Sun this is their building this is the 3 P.M Shadow as if it misses Green Street completely incorrect 100% not true all right so using this and rotating it accordingly and using proper True North I adjusted the Shadows this is the 3 p.m. Shadow as he showed it cuts across the entire Green Street all the residents of Green Street on this side will be living in the this building Shadow all right five stories it's too tallit the building is too big and the the red is from noon to sundown this is the shadow Arc that this five-story building will be creating we will all be living in this Shadow and you you you know the buzz around here is hardship I believe they just made a hardship for all the neighboring residents all right now you might say okay this is this sounds good in theory but here are some photos Okay this right here is a view looking down Green Street this is the approximate size of the building you can clearly see the sun is right behind the building this is 300 p.m. all right and I want you to take note there's a telephone pole right here at the corner this building will essentially be one and 1 half telephone poles all right now if you look at this and use the telephone po as a guide you can see its shadow it completely all of this is in Shadow this building right here this adjacent residence will be in Shadow the entire year all summer spring fall all the solstices it's going to live in Shadow understood again these are additional photos showing telephone PS the shadow all of this is in Shadow telephone pole Shadow all of this is in Shadow this is sunset it's right behind the building it essentially cuts off the view of the Sun from noon till dusk for everybody who lives on the other side of this building and you know what's more frustrating this is the applicant's place of business he he works here he owns several homes in this area he should be well aware of what the sun pattern is all right but he's pretending he doesn't he's pretending he doesn't know he doesn't care so that's very very frustrating and lastly this is images from a ring cram from my ring cam I'm across the street you can clearly see telephone pole Shadow all this is in shape this is at 4:00 telephone pole Shadow all of this is in Shadow at 4:45 this was in October so this is in November again telephone poll shadow all of this is in Shadow if if we can get tight on this you can see this there's the fence 6ot fence right there this is the Shadow from just a 6ft fence this building is a monster we're going to live in its shadow the shadow studies that provided before were incorrect it's going to completely mask out the Sun for all of Green Street and its residents thank you thank you and I don't suppose you want to address that yes okay question th councilor sylvestri uh for anyone that could answer was true north used in the study when you used when you used the study did you use uh the North or did you use true north on a map um so the studies you have today are adjusted what you see in the plan yeah the we Orient the drawings so the building Square you have like what they call a project North True North is like 30 degrees off to if you looking at the plan to the right these plans that you have are adjusted you know they also we didn't get into the well as he would know the the angle of the Sun in the sky called the asouth right so the angle of the sun obviously gets lower in the fall and the winter and higher in the spring and summer so so uh I still stand by what I gave you today as being as accurate as I can produce so that's all I can say and you know I'm not doubt I'm not saying there's no Shadows right but the morning and the afternoon for most of the year are on Lee Burbank Highway thank you any other members do you have something you want to add come to the mic please hi I'm Amanda mordi 18 Green Street um I just wanted to just quickly touch on a couple things I've mentioned before but um we've gone to a number of these meetings and quite frankly I'm not really quite sure that there's much benefit to expressing this but I I've got to try um I think that a lot of what is being put out here is misleading I've said that before um I have concerns about the height of the building I'm not trying to be ridiculous and say that there shouldn't be anything built there or even something somewhat tall but um this is really disproportionate and I believe it's my understanding it's the responsibility of the city zoning boards and the counselors to apply the rules and if you're making exceptions to the rules have a reasonable uh kind of logic to that why that's occurring um this is so disproportionate and I've yet to hear anyone explain in any capacity why this is being approved uh despite having been in numerous other meetings when we tried to get a variance we got a variance for our house and someone just didn't have one extra parking space they couldn't do it uh this is really out of proportion so one of the things I just do want to offer up there is the parking situation which actually does not directly impact me but in indir definitely impacts the number of the residents on the street is the eight spaces for the 59 units um this is presently those eight spaces they're being used by the auto body shop so what I would like to hear is what is the plan for where all of those cars that are the runoff shall we say because the auto body shop gave up their parking for the office building that they converted to an apartment building so I I would appreciate hearing some information about that and then just as a non- architect um these are just basic pictures and this is the current this Saturday I went outside because it was a sunny day and I just took a picture of the street the shadow that goes up the street is from this developer's existing office building that eats up half the street and casts half the street in Shadow now what we're talking about is casting the entire rest of the street Street at a higher elevation because Green Street has a slightly sloped elevation I I just don't understand why this is being not even attempted to rain this in to make it somewhat more reasonable um and I just I I really like to put out there like this this is what we're talking about this is what remains in the sun of Green Street it's going to be in the shadow and I know that sounds like that's really not a big deal but I think it is to have this like hulking building here and then I also have not heard anything about how you're going to not prevent you're going to prevent people from coming and attempting to uh I don't know try to live in this apartment building but have no form of parking available to them other than these eight spots which again are in use presently so I'm really not understanding that so thank you thank you councilor sylvestri yes um counselor in a in a prior meeting we discussed um putting in the lease that they would they would not permit any automobiles to to be allowed to be registered to that address that is still going to be press comp councel the council was aware when I first presented this that we had gotten a variance from the city the variance from the city put the standard language that they always put in the variance uh with respect to parking license parking whatever so there's no parking Allowed by virtue of the Zoning Board of appeals' decision nor nor there are no parking spaces Allowed by virtual of the zoning board of appeals decision the six spaces that the young lady talks about are spaces that were U used for my client years ago and they're disproportionately used if there's a bad snowstorm he lets people in the neighborhood use them and so forth as far as 333 Le airbank highway back then we did comply with the full zoning with respect to parking and there is 12 two family homes I 12 two family units there was a conversion from the commercial to to uh 12 two family units and each one of those 12 two family units has two parking spaces which my client uses I believe if he would have testify he would tell you that six of those 12 spaces are used I I went down over the summer and I I confirmed that um now to the Overflow of that her concern from from the auto body and and not um will he what what will happen with that obviously he can't put him there no more so so if if will he put them on the other side of the parking is is I just want to try to answer as many of her concerns as possible well when you when you speak about the issue of overflow we she said that there's sometimes cars parked from the auto body shop where the building is going to be now currently if if that's what I understood there was an there was a a local vendor who does uh parking PL parking and fly and he requested an emergency uh to put about I think it was like 20 30 cars in the lot for one day and my as a businessman uh my client complied with that but they do not use that particular space for a park and fly no Park no no no not park and fly I think she said from the business the auto body shop the auto body shop has its own parking and it also uses the excess parking spaces that are offered from the 12 units at 333 lead be Highway okay as long as there's an understanding that they they can't put them on the streets and around the areas once the the development's done that's correct I think the confusion is is she I think what she was saying was the the cause of being put on the property where the other apartment building is where you're you're saying there's 24 spots there that are for that that aren't used I understand there's only very few cars that are owners of cars and that is that the lot you're talking about or are you talking about the emptied lot right now where the building is going to be built I'm I'm talking all of those things I guess the the lot at the top of the street if you want to think about it the eight spots that are being offered is currently used during the daytime not at night at night the lot is I would say empty pretty much most of the time during the day it is filled with uh cars from the auto body shop and then I also would like to put out there the park and fly was not one day it was been six months every single week and until I mentioned it two weeks ago in this meeting and then they stopped parking cars there I have video footage of it so that's the kind of dishonesty that I'm talking about that keeps happening that's very disconcerting about the follow through on this like I hear there's supposed to be some positive things coming through I really doubt that you'll be able to enforce things like the veterans housing that's supposed to be in this I I do not think that that will occur it would be lovely if it did I do not think it will occur I will also say I left this meeting two weeks ago after this kind gentleman said to councelor McKenna that there's six spots being used there were 14 cars in there at 7:30 at night there have been almost every night this week somewhere between 14 and 20 cars so at the apartment building that's at the end of the street and that's appropriate that's fine th those are the allotted spots but it's very dishonest to say that that is might mainly empty and there's six cars that is not what is happening and when you go during the day to see Green Street I get it Green Street looks like a ghost town because most of the people on Green Street work all day okay thank thank you for your comments but the one comment I will address that you said is we will hold them to the veterans uh there is that is guaranteed uh should this pass that's guaranteed those veterans units will be guaranteed that correct Council nooski you got something go ahead thank you Mr chairman Mr chairman a couple things I just want to clarify uh number one I think there's 29 units Al together cuz I think it was mentioned there were 59 but I think it's 29 right there are 29 units9 being proposed one-bedroom units between 500 and 7 600 square feet not worried about that uh the other question I have is uh relating to the parking uh was it stated that in the lease there will be no cars in the rental that I I the language of the Zoning Board of appeals' decision uh would be uh what we would go for so so if if historically a a landlord uh has that decision by the zba then I would think that they would have to comply by showing the next tenant that they also do not have access to parking but did the Zoning Board of app appeals say you can't have cars ownership of cars in the lease when you in they sign the lease I I don't know if it said lease I Al I just know that the decision it's I don't have it in front of me said that there'll be no license parking a permit parking and so forth standard language that they have historically so there's no permit parking they will not get any permits to park on the street that is correct so and I know they passed experience you know that decisions have been uh in case where there's no parking that they don't allow cars to be owned by the lour again I again I don't think that language was in the zba's decision but if it is it's fine but uh I can't imagine my clients would uh sign a lease and give a person uh the right to park there especially in light of the zba's decision yeah well I I'd like you to clarify that on the lease the cause with the lease so okay thank you Mr chairman Mr chairman council president thank you Mr chairman so generally with with developments like this there's a change to title 10 and they're not allowed to get residential parking stickers normally there's no language saying they can't have cars but then the problem becomes where do they Park them uh and they'll be getting ticketed and potentially towed every night so I don't know if the language to not have a car is necessary but they will not be able to get residential parking stickers therefore not parking on side streets or anywhere in the city overnight so thank you thank you for that point of information any other uh members any other audience members seeing and hearing none Madam clerk the city council received several conditions submitted by the project review board do you want those right into the record yes please the project review board submitted the following conditions the principal entrance of the structure shall be on leur Bank Highway two a sore connection and water connection permit must be obtained from the DPW for all new construction the city engineer and DPW superintendent must review and approve the proposed sore service and water service plan as well as storm water management plan and erosion control plan the plan must be reviewed and approved by the fire department hydrant flow test shall be conducted to determine the adequacy of both domestic and firef flow and for the proper sizing of domestic and Fir flow service lines to the proposed project plans for the location of additional hydron shall be approved by the Rivier fire department four the project proponent must pay a sore mitigation fee which is based on 10 times 110 gallons per bedroom times a130 per gallon based on the 29 proposed bedrooms the sore mitigation fee shall be $41,250 the sore mitigation fee shall be utilized to remove inflow and infiltration from entering the sour system and shall be paid to the city of reier and two installments 50% prior to the issuance of a building permit and 50% prior to the issuance of an occupancy permit five all existing drains water lines and soil Lines within the site shall be abandoned and shall be capped at the main and removed six the building design and materials plan as well as the landscaping and streets gate plan shall be approved by the site plan review committee these plans shall be filed as part of the building permit application seven a traffic impact analysis shall be prepared for the proposed development and the developer shall be responsible for undertaking all pedestrian and traffic safety measures recommended in the traffic study eight the developer shall establish a transportation demand Management program for the proposed project to be approved by the site plan review committee the elements of the TDM program shall include a offre street parking shall be limited by leasehold agreements with tenants to the the number of off-street parking spaces approved with the project and this property shall not be eligible for participation in the city's on street parking permit program nine in accordance with chapter 17.47% of the cost of construction above and beyond what is allowed as of right towards the fund which must be spent exclusively towards Community Improvement projects within the impact area for the purpose of this special permit 3% of the construction cost shall be based on the increased density of the project as a result of the far therefore the CIT is established at $46,800 10 the grading of the LOD shall be such that no runoff is diverted to AB budding properties and 11 three units shall be designated as affordable units specifically for veterans housing attorney Simone record um would' also like you to adopt the uh requests for findings of facts uh that were in the application historically that's what we've done do that and additionally the zoning subcommittee has added the fact findings as presented by attorney Simi Oni to the uh to the um special permit well it has to be one or the other right so so there'll be a roll call for a favorable recommendation shall the zoning subcommittee offer the city council a favorable recommendation to Grant the planed unit development permit subject to the conditions of the project review board and the zoning subcommittee councelor Gina SAA yes yes councelor Kelly no no councelor noveli yes yes Council sylvestri yes yes and chairman zambuto yes yes the Pud will be forwarded to the full city council with a favorable recommendation to be granted okay first applicant is here now back to the first application Judith Palamino 942 win RAV requesting a special permit from the city council to enable the appellant to convert a non-conforming mixed use structure comprised of two residential units and one commercial unit to a three family residential structure at 942 winb Avenue we have a director of Dei here Stephen morbido um just want to let you know we um Mrs Palo uh Mrs Palamino will be having interpret ation Services by Steven today okay great good evening put the put the mic down a little bit so she can get out okay so just briefly tell us what you're trying to do which we already know but we need you to do that for the record uh well uh the reason I here um until before so you know um my property is um is for the two family plus uh commercial so you know what you want to do is for the conversion for um residential so that's you want to for the permission special so you're going to make the commercial space a residential space and in essence make it I make right I'm just trying to let everybody know what you're doing um anything else you want to adds okay uh there are two conditions you want to read them please site plan review submitted the following conditions for the special permit if it's granted the special permit is for the alteration of a non-conforming structure for the conversion of a former store to a residential apartment within the neighborhood business district the three residential units must be brought into compliance with building plumbing and electrical codes as well as fire safety codes so in essence you know you have to make everything up to the current standards of each unit so it's not just the one you're converting all three have to come in compliance and that may require a lot of work all right just so you know that that's what you're signing up for here okay thank you sir the council president thank you Mr chairman just for clarification we're not changing the footprint of this property at all we're not widening it not making it longer we're just going to all inter and the special permit is just to change the use from commercial to residential correct thank you very much yeah um okay thank you yeah for that's for moment that for moment is my my project so you want to do you know the true so you you know so I we understand what you want to do I just want you to understand what you have to do in order to make this legal that's okay okay great um yeah um roll call on a favorable recommend oh sorry all right councilor McKenna thank you councelor McKenna W one uh thank you Mr chairman uh I don't have a problem with this I live right up the street and it used to be a store and um but they're not going to change anything and they do have uh a driveway so they can park thank you thank you okay now we'll have a roll call on a favorable recommendation shall the zoning subcommittee offer the city council a favorable recommendation to Grant the special permit subject to the conditions of site plan review Council Gina SAA yes yes councelor Kelly yes yes councel noeli yes yes councelor sylvestri yes yes and chairman zambuto yes yes the uh special permit will receive a favor or recommendation for the city council thank you next on the agenda is Council order 24332 the a request from Edgar Spina ofpa Family Trust 53 Centennial AV to terminate the following deed restriction for the property located at 51 Centennial AV the termination it'll terminate the condition that no residential Andor commercial building or structure for habitation and or occupancy shall be constructed or placed upon upon the premises the foregoing restriction shall be construed as a covenant running with the land is binding upon future grantees heirs executiv administrators assigns and transferees of said premises or any part or parts thereof this restriction cannot be altered by any variance coun uh good evening uh chairman zambuto and City councilors uh my name is Nancy O'Neal I an attorney located at 14 Proctor Avenue and I'm here tonight on behalf of the applicant uh Mr Edgar Opa of the aspa Family Trust uh and you can see uh his property here that is 51 to 53 uh Centennial Avenue uh so Mr osa's uh request tonight is to lift a deed restriction on the property uh and construct uh a six-unit uh addition uh so this sixun addition is proposed at the vacant lot uh next door to the building uh which uh which you can see here uh so the size and scale of that addition uh will be in line with the size and scale of neighboring properties uh within the same block you have a number of three-story multifam uh and apartment buildings and as you go into Fitz Henry Square you have more multi-story uh multif family buildings uh and apartment houses so the addition here has been designed uh to fit with into the neighborhood uh and as you can see as you can see here uh it is the same size as the building next door uh new unified facade is planned to unite uh the addition with the adjacent building uh and this addition is going to brighten up an older corner of Fitz Henry Square uh and really improve this area so not only will this project improve uh the Aesthetics of this corner it is going to increase safety uh so in short today's state-of-the-art fire safety systems and materials allow for denser construction uh than what was envisioned in the 1950s when the riv zoning code was being written so this addition will feature enhanced Fire Safety Systems including a full sprinkler system with combined uh sprinkler and stand pipes a fire Command Center in the lobby the rear and side walls will be constructed with an our fire rating and there will be a heat detectors in each unit so the ex the existing building uh at 53 Centennial Avenue will also uh be fully upgraded uh to current fire safety uh code requirements uh and we'll also have a new uh set of Code Compliance stairs uh at the side of the building so the size and scale of the proposed addition are appropriate in terms of appearance uh safety and density so this is exactly the type of building that you would like to see in the Shirley Avenue neighborhood it matches the neighborhood size and scale features code upgrades it is a small addition with six units matching what historically existed at the property and it is Transit oriented it is roughly 1,000 ft or a 4 to 5 minute walk from a ver Beach station so residents will be taking the train there isn't going to be a traffic impact here uh building leases will contain uh Clauses that cars are not allowed beyond the available spaces uh the residents will not uh qualify for city of Riv parking passes they will not be parking on the street if they do they will be towed again this is a Transit oriented project uh which is not putting more cars on the street so projects like this are bringing foot traffic into the Shirley Avenue neighborhood they are sustaining the numerous small businesses along Shirley Avenue so the proposal fits with recent developments in the Shirley Avenue neighborhood uh and aligns with city of R planning goals for denser Transit oriented developments and Charley Avenue as outlined in the city's next stop Riv master plan so the project responds to and serves today's conditions and needs in the Shirley Avenue neighborhood so the deed restriction currently on the vacant lot which prevents construction is impeding desirable and future uses and for this reason the city council May rightfully lift the Restriction under Massachusetts law so this is an ideal Urban Redevelopment project we are upgrading an existing structure putting new houses uh into the market and providing an affordable housing component so my client Mr aspina is a bipo developer in city of Riv resident his proposal is carefully tailored to align with this neighborhood and uplift uh this a property uh he has listened to his neighbors and the city council who have called for affordable housing he's prepared to dedicate one of the six units as a deed restriction uh 80% Ami unit for city of reiv Resident veterans so one out of six units that's 16% affordability for this project which is a larger percentage than most private projects we have seen in the city in recent years so overall this project uh is a desirable use of the vacant lot at 51 Centennial Avenue that responds to today's needs in the Shirley Avenue neighborhood we are proposing a sixun building that is Transit oriented providing foot traffic for the vibrant small businesses along Shirley Avenue uh and importantly providing 16% affordable housing which will be dedicated to City of reair veterans Al we would respectfully request that the council look favorably uh on the lifting of the deed restriction and the special permit application and we are happy to answer any questions that you may have thank you than NOC novski thank you Mr chairman Mr chairman um I I think the council kind of com combined the two motions together because what we're doing first is the deed restriction we have to do that separately and then there's the special permit in part two so she combined them both just so everybody knows um thanks for the summary back in back in 200 I believe 12 um the the there was a six family building there three-story and it burnt down and over the years it got kind of out of control and uh the city took it over with by taxes and at that time we were in the uh density mode where we didn't want tight tight building there but you know over the last 12 13 years things have changed and I don't have a problem lifting the deed restriction in order to to make this happen and as far as the units are concerned um I think the building looks nice um I I hope it doesn't take two years to do the whole thing but uh there's still some parking underneath and they they're going to accommodate um uh one of the neighbors for Access into the back of their house because there's so many stairs on Campbell have they have a daycare center there so they're going to you know give a little leeway for them to utilize their back entrance through their parking lot so uh with that you know I have no problems with this I think the building looks terrific you know it's selles six families that they're putting back in this lot and uh I'm glad they're doing the Veterans Preference you know for at least one unit um and look forward to it um make it happen thank you thank you councel any other members hearing and seeing none oh sorry councilor Kelly thank you um I do have concerns with this project um I happen to be in the mindset that the deed restriction was a good thing because I'm not sure of all this density um is right uh regardless of a housing crisis or not I don't think it's the responsibility of R to have you know overdevelopment everywhere in an attempt to try to resolve the housing crisis for the the entire nation uh that being said I'm not against all building um some within reason of course is fine however I'm curious how many variances would need to be granted in order for those plans to be approved do you know uh so this project does not require variances it's before the city council as a modification of a non-conforming structure so the zoning code then is just being disregarded in terms of a side yard setback uh so the sidey setback uh [Music] along and the floor area ratio so the sidey yard setback would be uh about a half foot along the side uh and the floor area ratio uh for the for this district is not regulated uh so this is RB uh there's no required uh floor area ratio RB District um and I'm sorry what did you say the the distance was between the uh it would be uh about half a foot I have also the half a foot to the property line okay so six inches from the lot line six the face of the building to to the lot line is 6 in and that wall has no openings on it for building code and there's also a mandatory 1 hour rated firewall plus sprink system okay and you referred to them as houses when you were speaking but but these are these are Apartments let's be clear correct oh that's correct apartments and also just for clarification you said you're at 14 pro the name of your firm now uh the name of my firm is D Osio LLP thank you and I'm Joseph Luna the project architect thank you councilor sylvestri thank you counselor and um I I think this is a good project and um although it is not on our us alone to to solve the housing crisis as a gateway community we do benefit from the state of Massachusetts hundreds of thousands of dollars by putting development like this by train stations and that's how we get a ton of money and support from the government and in the state and and we are part of that solution no it's not up to us solely but we are part of the solution so I welcome projects like this and thank you for doing the veterans housing any other members any audience members hearing and seeing none we're going to do this in two parts Madam Clerk or yes because it's right okay so okay I'm I apologize we're we're offering a the first one is a favorable recommendation is that the uh removing the Restriction okay shall the zoning subcommittee offer the city council a favorable recommendation to terminate the deed restriction as requested for 51 Centennial Avenue Council greo SAA no no council Kelly no no councel noeli yes yes councilor sylvestri yes yes and chairman zambuto yes yes the deed restriction has received a favorable recommendation to be terminated there are several conditions that were submitted by the site plan review committee would you like to read those into the record okay one fire separation shall be provided which will require that the structure be set back at least 5T from the side property lines and 10 ft from the rear property line all existing units shall be brought into compliance with current building Plumbing electrical and fire safety codes a sore connection and water connection permit must be obtained from the DPW for for all new construction the city engineer and DPW superintendent must review and approve the proposed s service and water service plan as well as storm water management plan and erosion control plan the plans must be reviewed and approved by the fire department including any additional measures deemed necessary for fire safety hydren flow test shall be conducted to determine the adequacy of both domestic and fire flow and for the proper sizing of domestic and fire flow service lines to the proposed project plans for the location of additional hydrant shall be approved by the rier fire department the project proponent must pay a sore mitigation fee which is based on 10 times 110 gallons per bedroom times $13 cents per gallon the sore mitigation fee shall be based on the additional bedrooms proposed the S mitigation fee shall be utilized to remove inflow and infiltration from entering the sour system and shall be paid to the city of Rivier in two installments 50% prior to the issuance of a building permit and 50% prior to the issuance of an occupancy permit concrete sidewalks with granite curbing shall be installed along the full Frontage of the property including the planting of Street trees as required by the site plan review committee all existing water lines drains and sore Lines within the site shall be abandoned and be capped at the main and removed the building design and materials plan as well as the landscaping and streetscape plan shall be approved by the site plan review committee the developer shall establish a trans itation demand program for the proposed project to be approved by the site plan review committee the elements of the TDM program shall include off street parking shall be limited by leasehold agreements with tenants to the number of off street parking spaces approved with the project the leasehold agreements with tenants shall state that the parking charge will be included in the apartment lease this property shall not be eligible for participation in the city's on street parking permit program and the the project shall provide for bicycle parking in the garage at no additional charge to the tenants in accordance with chapter 1747 the community Improvement trust fund is applicable to this project under the CIT fund the developer must contribute 3% of the cost of construction above and beyond what is allowed as a right towards the fund which must be spent exclusively towards Community Improvement projects within the impacted area for the purpose of the special permit 3% of the construction cost shall be based on the increased density of the project as a result of the increased far one unit shall be designated as affordable as an affordable unit at 80% Ami for veterans housing and that was it so shall the zoning subcommittee offer the city council a favorable recommendation to Grant the relief requested subject to those conditions councilor Gino SAA no no councelor Kelly no no councel noeli yes yes councelor sylvestri yes yes and chairman zambo yes yes the special permit is received a favorable recommendation for granting no further business that concludes the Zoning subcommittee for uh December 9th 2024 thank you all