to speak good evening a chairwoman and members of the board my name is Nancy O'Neal and I'm an attorney located at 14 Proctor Avenue um and as you know I represent uh the applicant and property owner zap Development LLC uh so we are here tonight as the board at its February 27th hearing I continued this matter so as to seek confirmation from the city solicitor that the plan changes proposed by zap development meet the standard of Massachusetts general laws chapter 40a section 16 uh and Rivera ordinances chapter 17 section 17 52120 uh so specifically that is that the spe that specific and material changes occurred in response to the reasons of the zba denial uh and those changes is are between the plan submitted to submitted to the zba in November 23 2023 and those submitted to the planning board uh so that confirmation has since been issued and I would like to draw your attention uh to that document uh which I have here if I may so thank you uh Mr shingy uh so on March first thank you uh the city solicitor issued uh a memorandum to the planning board setting out that the legal standard uh for the planning board to find that the specific and material changes um in the plans was was occurred and was not only met but exceeded um so again the city solicitor in his requested memorandum confirmed that the legal standard for the board uh to make the requested finding is exceeded uh so if you recall here six specific and material changes uh were proposed these changes include uh the addition of screening around the parking area uh to block views and mitigate noise uh the addition of a privacy hedge to block view of the parking area and mitigate noise uh the addition roof line materials to increase visual interest the installation of soundproofing materials to reduce noise all of which uh the city solicitor confirmed uh responded to the zba concerns uh surrounding impacts on abing property owners uh the inclusion of two uh affordable veterans housing units and corresponding changes uh to building entry areas to increase accessibility as the city solicitor described the affordable veterans units as the most important plan change um which responded to zba concerns surrounding affordable housing uh so again uh such changes exceed the level of changes necessary to support a finding of specific and material changes by the planning board and for this reason we again request uh that the planning board find um the specific and material changes occurred and I would like to reiterate that uh immediate butters for the property are in favor of these changes as was recorded uh at the last meeting um they're also uh in favor of the Project's return to the zba which is all that um a vote by the planning board would allow the project to do an affirmative vote by the planning board wouldn't ultimately allow uh these changes to happen again that is a zba uh consideration um we're not asking for uh an endorsement by the planning board that the changes are good and bad that the project is good or bad if the parking provision is good or bad we're just asking uh for determination that changes have been made made to the project um and we are happy to answer any questions that you may have thank you Nancy did you want to speak through the visual that you brought uh yes so this is a visual that you may have seen last time uh this is a a rendering of the building does anyone have questions for Nancy go for it yes do you have questions for Nancy okay go ahead hi uh thank you counselor um I believe everything that was listed is now in the motion uh especially the two veteran units and I'd like to thank you for that and I think it's a for a good very good cause um I uh also uh did speak to some of the veterans at the Mata post and they thought it was a great idea also which is right down the street from you the only one thing and it was not mentioned by anybody in the board it was mentioned by the developer himself that he was going to fix the culin I think that was a concern by one of the neighbors and the only thing I did check on along with you you just can't go work on the CET and I think uh Frank stringy uh will testify to that you have to be a licensed drain layer so whatever improvements to the culit that they're talking about if Frank can kind of direct that with a licens rever drain layer to make the repairs for the developer can we add that in counselor um I'm trying to think procedurally we we can uh we're fine with speaking to the city surrounding a work to the Culvert um uh I I don't know if a a planning board reconsideration would have conditions that would may be something that would come at the zba stage um so we're happy um if this project should be uh receive a favorable recommendation from the planning board then proceed to the zba if that were to be a condition in the ultimate approval of the zba um I mean this Chief planner can certainly submit that to the zba as a proposed condition of their approval um but as I said we we are happy to do that no you may be absolutely right but I did check uh with other planning boards and I went through the conditions we went through the case that you mentioned and the case is a is an amusing case because it happens in in Tucket as you well know and uh I don't know if you ever been in an Tucket but they can go against you for wearing the wrong kind of bathing suit on the beach over there they're really strict on colors and everything else so it's it's a funny Island it's enjoyable Island but that's where the case came from and and it's a good case but the one thing that really made this argument strong for changes when I talked to other people uh for advice uh they did mention the C that the C is really a change so I'd like to add that in to make sure that thing this thing gets approved and and moved along so if you could add that in the developer mentioned it he's the one that brought it up so he mentioned at last meeting and he said he tried to do the work and that he was refused so we're just trying to help the neighbors make a real change and then have uh Frank stringy of Community Development hopefully kind of oversee or have them oversee it with the correct language is that okay counselor I can I can certainly include it in with the planning board's decision determination uh but the work would have to be coordinated with the DPW superintendent that's that's fine and if you approved by the superintendent I don't want to I don't want to bankrupt them if you want to put a an amount what you think it is if you want to say not to exceed work that out with the developer is that okay is that all right get a suggestion type of thing that you can include that in the motion and I'll write it up also okay that make sense right thank you are there other questions Nancy on the drawing you have in front of us is there a date on the stamp on that rendering I'm sorry could you please repeat that on the rendering you provided to us is there a date on the stamp of that when I was crafted uh so this stamp is specifically from May 2022 but the images are more recent than that um yeah I I just reason I asked is I believe the images were prior to the denial so all those additions were already in the images prior to you IND the changes this I'm sorry this is this is the most recent image you I know that I know that but it was prior to the denial so I'm just saying the images the additions of the screening and the the HED the hedges those are on the image prior to um you calling out those being the material changes oh no no the the architect didn't update the stamp but this is the this is the most recent image you can see here the tree line which wasn't in the original you the original rendering is in the packet that I submitted so I don't have a blowup of that but you can compare between the original rendering and this one um but you can see no other questions are there any other proponents that would like to speak to this tonight are there any opponents that would like to speak to this this evening name and address please [Music] sir uh John richio 24 Franklin Street um now that the city solicitor has determined that that this should go back to the zba is it is there any way that that's going to change with you I mean am I just waiting here for nothing in other words you people aren't going to vote against against that right and and not send it back to the zba is that right once a city solicitor determines it or should should we say something about it do you have uh something to add that would be yeah I do but I'd rather keep it uh I'd rather keep it confidential until we go before the CBA unless this is actually a real hearing I mean you know I appreciate your comments he did he did offer mitigation to fix the covert and the drain lers are available uh it could be done you don't have to even add it in he said he'd do it and he told me he'd do it so that that I but I do appreciate that but my question is am i g to go through a whole presentation here and then you people are going to go against the city solicitor I don't think so right you are my genuine response I'll be truthful with you I don't want know how my you can say sorry interrupt I don't know he asking you that going to tell how we're going to vote before we vot okay all right all right I'm just going to assume that to be true so in other words I'm going to reserve my comments for the CPA thank you thank you very and my my response has been if you have opposition this is the time but you're welcome to reserve that for zba as well Sor no no I was just speak hold are there others that would like to speak in opposition okay we can close this side of the hearing and send it to a vote so the vote will be on the request for consent to repetition the zba relative to material changes proposed for the development of 25 units by zppa Development LLC at 344 Salem Street Madam chairperson I'd like to make a motion to accept the recommendation to pass that back to the CBA with the conditions that are that are mentioned on all the documents forth with in just a moment we'll be able to vote and that'll be captured I'm I'm sorry could I seek a final reading of the condition could I seek a final reading of uh the condition that will be attached to the approval well it the motion hasn't been made yet for the for that I will draft it up but the way it was recommended is that the uh the applicant zppa development will work in coordination with the superintendent of Public Works uh for cleaning of the Culver on Salem Street okay okay thank you questions corre do we we have the a motion we have a second second so motion by Mr Abrams that the board determined that specific and material changes have been made and demonstrated to remand the plan back to the zba for a new public hearing and that has been seconded and we'll we'll add to that a recommendation from the planning board uh the develop a coordinate the cleaning of the uh the adjacent covet with the DPW superintendent thank you on a roll call uh Mr Abrams yes yes I'm sorry the wrong Mr Rivera yes M Simmons hurling yes Mr stopulos yes Mr castanza yes and Mr Sullivan yes voted and so ordered this this matter will be remanded back to the zba no other further busit we have a motion to with jurn seconded okay okay for