##VIDEO ID:HndrzhU53-I## e e e e e e e e e e e e test one two one two if everyone could silence any electronic devices cell phones whatever and if we could please rise and salute the flag Al to the flag the United States of America the rep stands na indivisible with liberty and justice for all rooll Club the members of the zoning board of appeals Mr lemina here Mr Lopes here Mr O'Brien here Mr Pelton here miss Pratt the alternate member here here and chairman Tucker here here Quorum is present first matter on the agenda is application a this is special permit a 2413 Philip consolo 169 rice Avenue requesting a special permit from the zba pursuant to revised ordinances section 17440 to enable the appellant to improve a pre-existing non-conforming single family structure by renovating the first floor and adding a second floor to the rear structure located at 169 RAV is the applicant or any representative in the audience they did call and say that they were coming so can we take the next calendar item number next application is a 2415 Martin carbo 263 Oakwood a ver Mass requesting a variance of section 171 16260 f one minimum sidey yard setback for accessory structures to enable the appellant to construct a g gazebo 15.8 ft by 19.1 ft at 263 Oakwood AV is the applicant or representative here if you'd kindly step up to the microphone state your name and address for the record please just push that button one time hi Martin carbo um looking for relief um for a side setback for gazebo um you know just trying to make my house little bit more enjoyable you know for the for the summer months um and and you know that that's how it ended up being so tight in the back you know with with with with with the amount of space I had okay just for the record if you could State your address yeah uh 263 quav uh reer Mass okay thank you and this structure is is it already there it is yeah so it was I I assumed it was just a you know in my yard type of thing where I could you know so you're trying to do right and get it a variance for exactly okay seeing that it's a public hearing I have to ask if there's any proponents anyone in favor if there is kindly step up to the microphone state your name and address for the record yes my name is uh common derer I live at 266 Oakwood Avenue across from Mr Cabo and I'm here in support uh Mr Cabo is an awesome neighbor um keeps his property meticulous we have a new neighborhood it's quite nice and uh I can see this gazebo from across the street and it's aesthetically pleasing and it looks beautiful as a matter of fact I wish I live next door to him so I could enjoy it more so I'm here in support of uh the variance thank you thank you are there any other proponents anyone in favor hearing and seeing none uh we have email on record from a Mr lent burkson at 262 Oakwood AV and counselor cogliandro um also sent a letter in favor of the of the variance thank you any other proponents seeing in hearing not all close that side of hearing any opponents anyone opposed seeing in hear not all close that side of hearing any members wish to speak and there's a motion to approve on the floor that's for a roll call with all of our standard shall the zoning board of appeals Grant the relief request Ed subject to the following conditions if the rights by this variance are not exercised within one year of the date of the grant of this variance the rights shall laps this variance shall not be valid until the appellant has recorded this variance in plan in the suffa County registry of deeds and submits document recording numbers and dates to the city clerk and building inspector and the appellant must receive site plan review approval prior to applying for a building permit Mr Lemo yes yes Mr Lopes yes Mr O'Brien yes yes Mr Mr Pelton yes yes and chairman Tucker yes yes the variance has been granted next application is a 2416 Marshall lucenta 630 Rivier Beach Boulevard requesting variances of section 17241 with respect to minimum sidey yard setback requirement of 10 ft within the ra District in section 17.24.9 maximum principal building coverage requirement of 30% within the ra District to enable the appellant to construct a two-car garage and a handicap accessible entryway at 6:30 Rivier Beach Boulevard good evening state your name and address for the record please there you go my name is Marshall lucenta I live at 630 Rivier Beach Boulevard in Massachusetts okay do you wish to add anything or does the the submitt speak for itself it does the submitt speaks for itself okay seeing that it's a public hearing I would ask are there any proponents anyone in favor hearing and seeing that I'll close that side of the hearing are there any the ward counselor is here do you wish to speak good evening uh councelor Angela Gino so w 5 I have already he you speaking as an opponent I am speaking as neutral I'm not opposed to it and I'm not for it um what I am requesting is a 6-ft fence put between the two property lines because it is directly like point 4 in um from the neighbor's property line so for it to to be no issues and I think the neighbor um also wrote a letter that she would agree to it as a 6ot fence between the entire property line from the beginning of her house to the end okay thank you thank you um seeing that this is a public hearing are there any opponents anyone opposed seeing and here not I'll close that side of hearing any members wish to speak I just if you have do we have the letter from the neighbor I yes it's in there it's in the just you is this structure already built no so the the side of the house going down where the proposed wheelchair ramp is there's no structure built there already right right now there is a a a ramp that's not large enough so it has to be extended Ed so there is a there's stairs and like a a small porch and that has to be extended cuz it cannot handle a wheelchair it's not wide enough so that's why it has to be extended but the structure is there it's not just the steps I my if I'm looking at the right thing there's a structure there's a structure there already but it would be extended okay so there a structure was built and forever I don't know before we ever bought the house okay that the handicap ramp is already there right I think well it's a it's the ramp isn't there but there's stairs and a a little porch but it's not wide enough to handle U even a walk we tried a walker the other day too it doesn't handle that do we have pictures of the ramp no there did they submit pctures with this it's not a ramp it's not a ramp no there's no ramp there now but but a ramp is going to be installed there correct there will be a ramp and it will go to the front from the front of the house up to that where the stairs are you saw from the side of the house the stairs and then there's that I'm facing the house on the right hand side of the house correct okay but how wide is the ramp going to be is it going to cross the line no it doesn't cross the bound okay so it's going to be an aluminum or metal supported ramp a prefab type ramp no I'm looking at the the contractor no so you're making a ramp out of wood or metal or is it is it I don't see it going all the way up to this to the side of the house without being supported as a structure so it's wooden isn't it wooden could you concrete he's it's just a concrete ramp coming up okay and I don't putting a concrete ramp into a an area that um already in a flood plane that would have to go to conservation Comm know that part we know that we know it has to go we have to go to conservation after this all right because that doesn't depict the um concrete but you are going to be putting concrete um and this is a not seeing that the it's depict but where is the um how is a car getting into this on the side yeah the side this side so you drive in and go this way so from the gravel driveway you're going to just drive take a right and drive into the garage yes I'm looking at the contractor yes then if the case why does it have to be that long what what's the reason on having such a large garage is that just designed that way or well Hensley could you if you want to get up and speak if you're going to be the contractor that the questions um yeah my name is Hensley mcnish so the driveway they have they have quite a few cars so that's the the size of the the the garage is to accommodate the cars to park car but there's only one car in this garage no two car garage two it's a two-car garage no it's not there yet there's no well do you have the plan ma'am that there's a a it looks like some type of a outside is that just a it's storage that's not a garage that's storage that that thing that's sticking this doesn't even show a garage door on it this is concerning me this is a solid foundation blocking here am I am I not looking at this correctly the thing that says that it's one story this is the that's those that was a garage it's not a garage anymore that says one story here take that back okay sorry can I just see that again I want to try to comp we're building a garage not can you project can they project what's so the with the the existing garage was was a garage it was and still and it it's not now all right that's already that's already taken up yep okay there's no garage door but it was meant to be a garage it was proposed it was below grade and it had water in it and so we had to fix all that and we just closed it up instead of being a garage cuz it couldn't fit the cars couldn't fit our cars so it's not a garage okay okay and now you want to go the 202 ft to propose to put two car garage and then go to the property line almost with the set of stairs coming down so you're 4T off the back of the property as well and this is just for two vehicles that that's the whole reason this is a yes plus a proposed office yes that a roof deck on top of the garage it it could yes it could be it could be it could be a deck yeah here his exterior roof deck so it's going to be a deck or it's not going to be a deck it'll be a deck it'll be a deck yeah event so the proposed garage is going to be just a crush Stone garage inside because that's all you would be able to have in a flood plane area I don't think that'd allow you to have a concrete floor but I'm not the board I'm not the Conservation Commission um so you're going lower am I correct the back of your yard is it sort of goes down more right that I was looking at so you're in a lower level than the existing garage that's there so you're going down even lower in to the yard am I correct no no almost the same level yeah same level yes it's actually it's actually going to be higher because it was before what they were saying it was too low it was below the flood flood line so they wanted us to raise it for the garage but it the backyard itself will still you know the cement pad that's there now it would be at the same level as that where yeah same grade where that cement pad is though that cement pad wouldn't stay that has to be removed now right there is okay my questions are answered is there any other members wish to speak um do you all I got to say is if you if you had flooded in the first garage this one's going to be worse well we had we did a lot of what we did is we put a lot of drainage in so we went through that with the Conservation Commission before okay so there is a drainage that goes into the back into a whatever into the conservation no no in the middle of the yard in the middle of the yard right so there's drainage in there we've already had to do that that's why we have all the crushed stone yes for all the the drainage and we have a pipe with the holes in it and all that okay would you be willing to putting up the 6ft fence if that's proposed by us yes I'm just concerned about even putting up a 6ot fence and how you're so tight to the property line was there a land survey done on this yes by Pinto pin not just by looking at the plans no the we had the land surveyed when we first bought the home by aut and dwire okay so it was pin to pin so you know the exact property lines and and the the marks are still in the ground there okay pin to pin I guess wa thank you for answering the questions is there a motion on the floor motion to approve with our standard conditions with with the 6ot fence being installed up to the existing footprint of the house or the front of the house so I had six foot fence up to the existing footprint of the house or I had the entire Lan that's what we discussed earlier if they went the entire Lan to the to the curbing that we did have to slope down 4 feet just to meet the just to meet the um the guidelines just to the house yes to the front of the house it would be to where this is here at the shall the zoning board of appeals Grant the relief requested subject to the following conditions the applicant shall install a 6- foot fence beginning from the front of the home to the rear property line between 630 and 632 Rivier Beach Boulevard if the rights of this variance are not exercised within one year of the date of the grant of this variance the right shall elapse this variance shall not be valid until the appellant has recorded this variance in plan in the Suba County registry of deeds and submits document recording numbers and dates to the city clerk and building inspector of the city of reair and the appellant must receive site plan review approval prior to applying for a building permit Mr lemina yes yes Mr Lopes yes Mr O'Brien yes yes Mr Pelton yes and chairman Tucker yes yes the variance is granted one question if the Conservation Commission would make them change the elevation they would then have to come back in front of us if they wanted to change the height of that am I right oh no they well it looks like they don't they're not requesting a height variance there's no height variance I would imagine if they were to exceed the allowable height then the building inspector May kick it back but that's up to the decision of the building inspector all righty next application is a2417 Flow Design Architects 50 Grove Street saem Mass requesting a variance of section 17.24.9 ailia place um can you hear me okay yes Darwin Fortuna from flan Architects I'm a reer architect as mentioned I'm representing uh Tanya for uh 73 Amelia so this project is a pretty straightforward project uh was born back in those crazy days of 2020 2021 and uh today is when we're actually uh pushing the the project forward um essentially the the building does not appear to be right now A TW story building but the way it's designed um me the way the way it kind of generally looks some portions of it have access to walk out and some don't so by the code essentially because more than 50% is accessible as a walk out it's basically a story what will we consider a basement um but what we're adding right now is uh Living Spaces that are highly required and needed by the owner um three uh three multiple bedrooms and a bathroom at the uppermost and we are we're essentially just walking that threshold of the 50% of the half story um cuz she she doesn't she didn't need the full the full uh footprint going all the way up so um it's a a margin uh that would turn that into a into a full story um we looked at the neighborhood uh there are a couple of buildings around there that also have the similar look and feel and some of them have the the full story actually um there's no neighbors to the left which would not be detrimental to anyone on the left it's a c the saac um and I um I'm here to have happy to answer any question you have and we have um Tanya here and also the contractor Jus for any questions that you may have okay seeing that it's a public he and I'll ask if there's any proponents anyone in favor you have two letters on file from councelor janino and councelor cogliandro in favor of the variance are there any other proponents seeing and hear none I'll close that side of the hearing are there any opponents anyone opposed seeing and hear none I'll close that side of the hearing any members wish to speak what's the wish is there a motion to approve motion to approve with our standards shall the zoning board of appeals Grant the relief requested subject to the following conditions if the rights authorized by this variance are not exercised within one year of the date of the grant of this variance the right shall lapse if the variance I'm sorry this variance shall not be valid until the appellant has recorded this variance in plan on the SE County registry of deeds and submits document recording numbers and dates to the city clerk and building inspector of the city of Rivier and the appellant must receive cite plan review approval prior to applying for a building permit Mr lemina yes yes Mr Lopes yes yes Mr O'Brien yes Mr Pelton yes and chairman Tucker yes yes the variance has been granted thank you thank you I see that the representative for the first calendar item number is in the audience could we take that up please sure back to um the first matter on the agenda special permit a 2413 Phil consolo 169 rice Avenue requesting a special permit from the zba pursuant to section 17404 to enable the appellant to improve a pre-existing non-conforming single family structure by renovating the first floor and adding a second floor to the rear structure located at 169 Ral good evening thank you uh Mr chairman members of the board for the record brick Salvo with engineering Alliance um on behalf of the applicant um the applicant is hasn't been able to um obtain the updated field survey yet that the um that the board had requested um we were going to request a continuance to the September me meeting it's our understanding that the ward counsel isn't available at the September meeting um we'd like to continue this matter to the October meeting if it's that's amendable to the board this is a special permit though that would exceed our 90 days it would exceed your 90 days I do have a letter here um extending the 90 days um if it's mut to agreed upon we're happy to extend the time to December 1st I don't think we'd need that much time but we'd be happy to extend it that far just so you'd have plenty of time to be able to make a decision and avoid any kind of constructive um issues okay it's been brought to my attention that this would fall under an abandoned and nonuse because of it not being used the non-conforming use of a structure which has been abandoned or not used for a period of two years shall lose its protective status and be subject to all the provisions of the zoning chapter so where does this fall it I I don't know why it's in front of us yeah I get well I'm the Building Commissioner certainly didn't point that out we went to site plan review um I know it is a pre-existing non-conforming structure structure um I don't I can say whether it's abandoned lot doesn't look like anyone's ever lived in it I don't know what its use is now looks like it's got a whole bunch of storage in it um but that was the direction that we headed in when we went to site plan review and met with the um site plan review board okay and the plans that were presented were for the front structure not the rear so that was even more of a the plot plan that was utilized was the one that was created from the front structure that's correct that's why we're going to get the updated survey but the survey isn't really going to change it's not going to show anything different just isn't going to have any proposed notes on from the front front structure as there's no changes proposed the front structure okay seeing that it's a public hearing I'll ask if there's any other proponents seeing and hearing n no close that side hearing are there any opponents anyone opposed Angela Gino so wood five counselor um I was in favor of this at one point but with more information that's come to light I cannot support this um since the structure hasn't been used in many many years I don't think it's ever been lived in um I can't say for a fact but since I've been in the point of pins with 30 years it hasn't been um the neighbors are against it and I have to go with the neighborhood and I can't support it thank you thank you there any members any other opponents there's a letter on file from Robert and Geraldine makush 143 RAV Megan and Chris Clark 32 Wadsworth and oain Sinclair Fowler of 171 RAV there was a email from August 19th in opposition okay thank you anyone wish to speak from the audience no so any members wish to speak yeah so where does that bring us Michael since it was uh an abandoned unit it's in front of us we could deny it based on an abandoned and non and nonuse and we could also deny it because they haven't submitted the plan so the application was not submitted properly it's it could be denied for that as well okay what's the will of the members okay there's a motion on the floor to deny based on the abandoned and nonuse and I would also add that the plans um we don't have a proper plan submitted and that's our roll call please deny motion to deny based on those two factors the question is always put in the affirmative so if you vote Yes you're voting for the special permit and no vote is going to be against the special permit the question is always read into the in in the affirmative okay shall the zoning board of appeals Grant the relief requested Mr lemina no no Mr Lopes no Mr O'Brien no no Mr Pelton no no and chairman Tucker no no the special permit has been denied we have one more calendar item application a 2418 Daniel seore 810 Washington Avenue requesting a variance of section 17.2 a.2 with respect to minimum parking requirements for apartment use in the GB District to enable the appellant to construct a 30 un residential apartment building with 26 parking spaces at 810 in Washington app good evening so you do have the presentation that will be coming up on the screen so the viewing audience as well as the people in the audience here will have the opportunity to seeus 152 lyway in the city of Lynn thank you Mr chairman and thank you members of the board um what we have on the first slide A10 Washington Avenue is the finished product currently a 30 unit 15 Studio 15 one-bedroom apartment currently about 70% complete we're hoping for a January 1st ribbon cutting and possibly a spring 2025 full capacity approximately four years ago um because of the irregular shape of the lot approximately 11,000 square feet and the challenges facing any developer this board felt that the new plan represented a significant improvement over the Apostle's current use and underutilization this board also deemed that the requested dimensional relief was reasonable and necessary given the complications associated with the Apostle's shape that decision was filed in December of 2020 subsequent to that the applicant attorney Daniel cybor who's with us as even evening closed on the property since then since that last permit was granted in 2022 three more bus lines have been added equaling a total of seven bus lines outside the front door or within a couple of hundred yards of the building um Madame clerk if you could just go through a couple of the slides thank you tell me yeah that's the original building many of you know was a bakery underutilized 11,000 triangular lot next yeah we're going to speed this up cuz five minutes so that's the original permitted drawing uh it remained the same when Mr cybor bought it 30 units no change of use 15 Studios 151 bedrooms at that time 36 parking spaces were required there was some relief there I think 45 would have been the one and a half it was required you seem to think it it warranted uh the relief next slide please yeah the side view um Daniel and his team sort of retrofit redesigned it's just a much much nicer layout the floor plan you got four or five units that have balconies uh with a patio and it's basically a 3 over one construction we have 26 parking spots at grade you come in through Sherman and you go out through Sherman Daniels also allocated there are 17 bicycle uh dedicated spots under the building currently there are plenty of bus routes originally there were four now there are seven right outside it's minutes not miles from the tea you have oakrow Rivier Beach and Wonderland and let's look at some of the other modes of transportation which we didn't have four or five years ago blue bikes now existed but they're much more utilized now zip cards car sharing service on demand and of course now you have Uber lift Toro and others the updated info that we've received from the website last month and a half out of the 73 calls that we received less than 50% asked for or required parking those are the facts from our website next slide um what you have in front of you is the 36 spots outlined in red of the 10 five doubles stackers totaling 36 spots at grade naturally the old ones are elevated um what we're looking for based on what we think is the facts in a major part of this decision had to do with Public Safety and in my investigating and my research throughout the country not only in Massachusetts this stack parking mechanical system is untested it's not safe it's not practical it's one thing if you have a hotel and you bring bring the keys to the valet he Parks it you call down and I'll get my car in 10 minutes please but for people to have to go underneath at grade work on a stack par system it's just not practical it's not safe and we don't think it's reasonable so therefore we are asking for your support and I just want to touch quickly on the applicant Daniel cybor is a real estate investor and a developer he could have picked 350 other cities to go to he came to rier he inherited this permit uh before his recent company he led a project team in Somerville where they took the powder house community school and it won awards Dan is a graduate of University of Michigan he got his law degree from University of San Diego came back to Massachusetts and received his masters in science in real estate development from MIT so thank you Mr chairman I can entertain any questions um we're looking for your support thank you okay thank you board members now seeing that this is a public hearing I will ask if there's any proponents anyone in favor thank you Mr chairman I'm attorney site t uh my office is in uh Lyn at 60 Ander Street and that's perhaps one of the reasons I was asked to be here because within walking distance of my office is a 10-story building with stack parking um I'm an attorney by trade and not an engineer I have the privilege of representing another attorney Dan you heard Lou talk about his background and essentially this is about why is this back before you it's been before you twice before and I would suggest to you the reason it's back before you is a change in circumstance and the change in circumstances are these Dan is a proven developer he takes on challenging sites he works in infill housing and Cambridge some of them now in Riv that's the positive change new outlin some of the other changes that are positive in circumstances the added bus lines the fact that there's not a demand from the potential um residents uh other means and modes of transportation uh but there's also a change in circumstance Which is less good and and just let me tell you my experience I don't know if anybody here has dealt with stack parking I've dealt with it as a consumer I I would frequent the there's a little place in Boston on bronfield street called the cafe malav and the City of Boston has a an elevated what I would call an elevated parking system but it was relatively simple simple enough even though though I'm limited in my mechanical ability that I knew this I pulled in it went up I came back out it came down that was my experience with stack parking then I had the opportunity to see what the current status of Stack parking is and and I would describe it to you this way having uh been in the calwell where there is a system which I think has 36 stack spaces uh that's system doesn't work like up and down to me it works more like a Rubik's Cube in that if you drive in it goes up it goes over it goes up and so with that it presents two challenges I believe one is the reliability of any mechanical system uh and what happens is if there's a problem and you're in the fourth story fifth spot only affects you but it affects everybody else who's using the stack parking it brings it to a stop most mechanical things can be repaired but whether they can be repaired in a day or two weeks or quickly that's a challenge but the more serious change in circumstances this one and that's other than reliability it's it's public safety and I would suggest if you spoke to your Public Safety officials in this city you would find they have grave reservations about sending public safety personnel into an underground situation where they're stack Vehicles part of the challenges they have now and and and God knows they have many challenges is that they're dealing with electric vehicles electric vehicles present a different challenge if you're a firefighter because they operate on this battery system and I would suggest if you talk to your fire department personnel they will tell you that they're struggling with how to deal with a fire and electric vehicle they're concerned about sending people in and you understand when you have stacked parking you have an automobile that may have 25 gallons of gasoline above another automobile I have to cut you off cuz you you almost hit I would just suggest to you that safety and reliability are negative changes in circumstances it would be Reckless to disregard that and not try to adapt to what you know is a better system thank thank you there any other proponents good evening councelor good evening Anthony zambuto 87 High Street I find myself in a procurious position uh advocating for uh relief on parking however uh I said at the council meeting the other night that I voted to allow stack parking and I think for the first time in 25 years I didn't do enough homework stack parking is wonderful for a hotel when professionals are running it h it works very well it's not equipped it's it's not proper for residential use it's dangerous it's noisy it's a lot of things but it it had I investigated a little further and not just listen to the so-called professionals that came up here and pitched this to us I would not have voted for it one of my colleagues has put in a motion to eliminate allowing stackpack and I said I would support that for that very reason now I've looked at this building and and and uh I in this instance with his with his 15 Studios and 15 one bedroom parking I believe the surveys that show that they're probably going to need half of what they will have for parking half of those 26 spaces um so therefore again I'm in a what I call a procurious situation I never I never advocate for Relief on parking but in this instance I think it's warranted and and and I do support it and I hope you will thank you thank you any other proponents Angela Gino Soo W five counselor I do not like the Stacked um parking I actually had a very bad experience with my mom we were in the Mass General Hospital in Boston and she's elderly and I had my car valed and they put it in one of those stack parking it was an Escalade at the time and they couldn't get it up because it weighed a lot so they just had to move it up one floor and then to the right what happened is it got stuck they could they could not get it back out and it took about an hour and a half for the mechanic to come and then another 3 hours for them to actually get it off the stacker to for me to take it home and be able to take my mom home who's 84 years old so um I do not like them I think they are a danger um especially when number one there's a lot of noise so I don't know how the people the residents are going to put up with those put up with the noise um from them and then if it does get stuck how much time is it going to take and how much traffic is it going to actually cause what people coming in and out of it and that they can't get in and then the third um issue is they if you have an electric vehicle in there they still don't know how to completely take a fire out of an electric vehicle if there's a fire so you're you're creating a huge danger to the resident there so for me I don't like them and I would really like for them to be taken out thank you thank you any other proponents good evening councelor good evening gentlemen Mr chairman um ionova sski 53 D Home Street W two counselor uh this is not my area but I'm bringing the uh reliability and public safety issue uh I had a very similar situation as councelor SAA and uh I was at the Mass general my car got stuck my wife is on oxygen in a wheelchair we had to wait an hour and a half for our vehicle to be delivered to us and all all the issues that were mentioned are still intact uh one thing that I may not have mentioned and I believe is correct that these folks cannot get permits for street parking if they uh rent an apartment so it's only underground parking the 26 spaces that they have I believe it is so I don't agree with stack packing I'm against them and I would ask you to allow these folks to eliminate that that portion of their uh permit thank you thank you any other proponents seeing in here thenone I'll close outside of the hearing any opponents anyone opposed do we have anything in record let's read our the record first one letter from Richard J Sereno 50 Carl snav in opposition to the variance okay and he's speaking now thank you Mr chairman members of the board uh I know you received my letter but name and address for the record please Richard J Sereno former Ward six councelor 50 Carlson AV R so I know like I said I sent my letter U and I wasn't going to speak I was going to let the letter speak for itself but uh with my former colleagues getting up here I just I felt the need to address a couple of things the first being the the fact that folks who are going to be living at 810 Washington AV won't be able to get resident and parking stickers although that's true as I've said before Ward 6 isn't ward two we don't have a an MBTA station right there these people are going to have cars I was told four years ago when I was a counselor the development that was going on Washington have just down the street from this one across from the cemetery these folks won't have cars same thing since I've been out of office and that building has now been occupied I've had to call the parking Department person personally because people are parked on Washington a where they're not supposed to be parked but in these developments especially in West Rivier I don't care with all due respect bus lines are not the same as Transit stations these folks have cars and none of my colleagues who spoke before were a part of the original discussions in 2020 and I'm not sure if anybody from Sherman Street is here tonight but I can tell you four years ago they didn't want an apartment building on that block to begin with I was able to talk KN them down and negotiate to try to get something that was workable and the big sticking point like in North Rivier was parking they don't want people parking on the street because it's already a tight Street as it is you have the Walgreens right there I suppose folks who are going to be at A10 Washington AV will probably end up parking I would surmise at the Walgreens parking lot but you know again as I said in my letter you're going to have to approve this there's no point in me speaking anyway because you set a precedent last month with the north Rivier development and unfortunately it just stinks that we're going to look back and mark my words people will be parking on Sherman Street and in North Rivier they'll be parking on that street up there so thank you Mr chairman thank you are there any other opponents thank you Michelle Kelly counselor at large um I have a couple of issues that I'd just like to to point out first of all I think the issue here is you're giving permitting on a project on the on the promise and on the condition of so many parking spaces and that's where all the permits are are on those conditions that you're going to have 36 bases we saw this in North rier now we're seeing here as um former counselor Sereno mentioned a precedent was set these are expensive to put in I don't particularly care for them but nevertheless it was assumed that that building was going to have so many parking spaces I met with the residents of Sherman Street on Saturday morning at 10:30 several of them are very concerned and very upset that possibly the developer will be allowed now to have to reduce and have only 26 spots the concerns is are that they live on a very congested Street despite the fact that they know these vehicles will not be issued resident parking stickers they're afraid that the cars will park on the street in addition to the congestion this is a street that is gets extreme flooding they res the residents told me that the flooding has been exacerbated after the development of this building and it puts the burden and the onus on them that in the event that there is an overage of parking and the vehicles end up on their street they they are now the ones that have to call traffic or the police or 311 to have the vehicles removed so those were their concerns um I was counselor who actually am requesting and motioning that the stackers are no longer require um permitted or permissible in the city um I believe they looked good on paper in an event to create more parking but if you've already have two examples of developers that promised UPF front that they were going to put these stackers in they get all their permits they move forward only to say oh no you know what we're not going to put them in now citing issues of safety citing issues that the building is in a 100-year flood plane these issues were all known at the Forefront when the promise was made to put these stackers in I understand the next building um that promised them is 881 Broadway I'm assuming that they're going to come forth and do the same thing and say that they won't need the stack they won't be putting in the stackers either which will again lead to a a lesser amount of parking that they originally agreed to when they were getting all their permitting so I'm not sure where this leaves us other than we have I think um going forward I would ask this body to be very mindful of setting precedence in this regard because it seems like we created a loophole here and hopefully my motion by prohibiting these will close that loophole thank you thank you there any other opponents seeing in here and I'll close that side of the hearing any members wish to speak yeah um to go back on what you said I had the same experience in New York to weeks ago and I went to a garage I didn't know it had stackables they just took my car well it took me two and a half hours to get my car back and never again will I park in a stack it in for people that are rent for renters if you're going to rent an apartment in a building that you know you're not going to have parking you're not going to rent in that building if you have a vehicle you're not going to rent in that building you're not going to get a residence sticker you're not going to have a place to park you have to be a to rent that of that building you go searching for a building that would park in then I mean that's my first inclination I wouldn't do it I own a car I would never any other members what's the will of the members motion to approve with our conditions which would remain no parking no resident parking and so on shall the Zoning Board of appeal Grant the relief requested subject to the following conditions the property shall not be eligible for participation in the city of River's residential and visitor on Street permit parking program if the rights authorized by this variance are not exercised within one year of the date of the granted this variance the right shall lapse this variance shall not be valid until the appellant has recorded this variance in plan in the sea County registry of deeds and submits document recording numbers and dates to the city clerk and building inspector of the city of river and the appellant must receive site plan review approval prior to applying for a building permit Mr lemina could we just if we had other um restrictions on the the prior one could they stay with it other than the stack pocking I'm not sure if there was did you think you got everything if you just give me a second I can pull up the prior decision for there was another condition the restrictions and conditions listed in the letter from the economic development director of the city of Rivier dated November 18th 2020 on file with the city clerk shall be adopted herein on the motion to Grant the relief request and subject to those conditions Mr lemina no no Mr Lopes yes yes Mr Mr O'Brien yes yes Mr Pelton yes yes and chairman Tucker no no the variance fails no further business chairman no further business our next meeting will be September September 28th no 25th th 25th excuse me September 25th