e e e e e e e good evening everybody and welcome to the June 18th meeting of the zoning board of appeals we shall all rise and salute the flag Al 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 rooll Club of the members please note that chairman Tucker is absent today and Mr Lopes will be chairing in his place Mr lemina is absent Mr O'Brien here Mr Pelton here here miss Pratt here and chairman Lopes here Quorum is present the first matter on tonight's agenda is application a244 brocco andreotti and Isaac Rees 28 Avon Street Everett Mass requesting a variance of the revised ordin ordinances of the city of Rivier relative to parking requirements to enable the appellant to convert an existing single family dwelling to a two family dwelling at 64 Beach Road hi good evening so uh what we have decided is to withdraw our application with can you state your name and address my name is Isaac Rees address for the record for uh 64 Beach Road thank you mhm what's that you hear me oh sorry so I say what we decide is to withdraw our application without bries I'll make a motion to allow the petition yes okay we can have a roll call shall the zoning board of appeals allow the petitioner to withdraw the application without prejudice Mr lemina is absent Mr O'Brien yes Mr Pelton yes Miss Pratt yes and chairman Lopes yes yes the application has been withdrawn without prejudice thank you you're wel taking some of the agenda items up out of order and ask just to go with yes we're going to go out of order on the agendas uh we're going to do Avon Street first Ashley on application a248 8 Avon LLC 1040 to 1048 Northshore Road R Mass requesting multiple variances to enable the appellant to construct a contemporary five-story residential apartment building with 12 units at 8 Avon Street good afternoon ladies lady and gentlemen of the board the outside I want to thank you for this uh different date for zpa hearing I know that there was scheduling issues for the month so I I thank you all for making the time in your schedules uh uh to uh to get an extra date in here on a Tuesday night rather than a Wednesday Wednesday uh but for the record my name is Attorney Jerry dambrosio my office is at 14 Proctor Avenue in River Massachusetts I stand before you here today with the petitioner of the 8 Avon Street project uh uh James Russo uh a well-known developer in the city of Rivier the actual legal entity is the Avon LLC trust that uh LLP trust that owns the property um before I start as is my practice I I incorporate by reference the briefs that I submitted uh on this project uh a letter dated June 14th uh as well as the application uh those documents lay out the full reading uh and and the full evidence before the board so by way of summary I would state that ad Avon Street is uh currently a dilapitated two family structure I put that I put that up there it's a again a dilapitated uh two family structure built roughly in 1900 it currently sits on a parcel uh about 4,000 square fet in size it is the in the GB District um again important to note because the GB District allows for uh apartment dwellings by right um also important note is that this parcel sits within a half mile of the Wonderland Train Station which is important which uh at least by measurement would would qualify it under a Transit oriented development uh uh under the uh Governor's uh new legislation uh that being said under the GB District what Mr Rous was proposing is a 12 unit uh apartment building uh approximately 13,000 squ ft in size it's five stories tall uh six one bedrooms and six three bedrooms uh this has three bedrooms there's been a bit of an outcry in the community and City Hall wanting to make sure that with the affordable housing uh crisis that the city of river is in that we have units that can also house families not simply uh one bedrooms so uh this is a little different for Mr Russo and it's really a mixed project between the two with six one-bedrooms and uh uh six three-bedroom units uh of a particular note what's interesting is that the fourth floor units while they're three bedrooms they actually have a loft to them which provides a different bedroom so they're they're they're an interesting design rather unique and different uh I'd suggest that the architect actually did a a nice job in deviating from the traditional plans uh that have been used it'll actually make for a a beautiful new structure in the area I think what's important is also to note is that right around this property now there's already structures approximately the height of what we're going to build so it's already a a densely uh built area uh that allows for this kind of use it'll fit in well it's uh again brand new will be code compliant with all of the necessary fire appar apparatus and fire suppression systems uh of important note uh we we offer uh five parking spaces I know that that's a deviation but again it's important to note that it is in walking distance to the uh train train station and like many uh of the other projects that uh Mr Russo does they're oriented toward the train station um with that in mind it's important to note that uh this project does have Ward counselor uh Gino support she's not here tonight but it does have her support um it's also important to note that the reason the reason for the variances that are requested uh are uh really pertaining to uh the complex soil types located uh in this parcel along with the irregular grading and the economic hardship that came with the site plan work that was required to build this structure uh the site plan development and work was considerably more expensive here simply because of the uh sand likee soil that was present there um again I know Mr Tucker's not here it's it's it's Mr Lopes Mr Tucker would be cutting me off at this point if he were here here so I'll I I'll stop with that I think it's a full submission before you and uh uh I I guess oh actually let me uh I do have one other one I'll show you this is a rendition of what the structure will look like from the front again more of a modern look and here's a poster board of what the structure will look like from the the sides and again it's 12 units be happy to entertain any questions are there any proponents to the variant anyone in favor hearing none will close that side no we got a you state your name hello m an address for the record 27 Avon Street we're just worried about parking we just sold 29 that's all remodeled I'm remodeling 27 at the moment we have another gentleman here he just bought his home we're having trouble parking as it is you put these units here in favor or I'm against you're against opponents R proponents oh are there any proponents hav and see none I am going to close that part of the meeting opponents again please state your name and address for the record mark labrook 27 Avon Street we M okay all we're worried about the parking we're having trouble parking in now we got people for not even on the on the Block parking on Avon Street the city re gave them stick as far this opportunity but because they cut the road off for the par the bikes and stuff all across reier street of parking on our street now we have six houses five houses left on the four houses we figure two car two cars per house we have driveways but they park in front of our driveways and they leave we had a couple toad here and there and they still come back our made concern for the party when we leave the house we go sharp and come back and it's taping it's terrible i've been here 55 years and it's the worst I've ever seen it well no one uh thank you for your testimony any other proponents oppon opponents what thank you for your testimony you may say come on up my name is aidani and uh I'm from 19 Avon Street in the same streets you know like uh as my neighbors said already said you know like we already struggling with the you know parking spot you know like I myself like work like 6:00 a.m. to 10: p.m. every day and every time I come I have a driveway guess what my driveway is block imagine you know like having like more cars coming to the street Street I don't have to deal with that you know like I I don't have to call cops every night you know just to have someone remove from my it's one hour taken of my sleep time every almost every week so like as I said you know like it just like getting worse and worse since like they move River Street you know like a parking spot to Avon Street which was like years ago sor sorry as a pyit resident parking so like I know who's my neighbor now you know like I have cars that's you know like parking in like disability spot and they don't get even a ticket it happen every single day this is just like doesn't make any sense you know so I'm an opponent to this thank you sir yeah from my understanding there will be no uh rever residence stickers in this building yeah we have a resident stickers no they they won't be issued any Resident sticker M coming from this building okay but they still they're going to park in in the streets right well they no they can't yeah they can't I have people from other you know places you know like if you come every Saturday and Sunday you're going to find people who don't even belong to re streets well that's something you have to deal with the parking Department if you have an issue now only the park in Department can hear so like this issue will get you know like worse and worse you know like with this building come in you know like in place you know so like if we can fix this problem like you know we don't need to add another problem okay thank you okay thank you closing that side of the hearing uh any members wish to comment J you did uh we have Jerry yes Sherry no I'm I'm good are you good okay but I I do think the chairman probably stated that any tenants would be excluded from the resident parking t uh program there so it's more of an Enforcement issue if they're having that yeah you want me go deep in after a review of the application application I find strict enforcement of the Zone in ordinance would create a substantial hardship and financial burden for the applicant the soil condition consists of clay and wet sand affecting drainage on the property and are not suitable for the foundation support the soil will need to be removed and a specic special foundation will be poured which make the project very expensive the property also has a high groundwater table unusual grade due to the condition the applicant has shown that it would be a financially impractical to develop the property without the request of the Zone in relief I find that the relief will not nullify of substantially derate from the intent or purpose of the zon and board if any of the zba members would like to make a motion yeah I think the application speaks for itself i' like to make a motion to approve yes roll call shall the zoning board of appeals Grant the relief requested subject to the zba standarded conditions as follows if the rights of this variance are not exercised within one year of the date of the grant of this variance the rights shall lapse this variance shall not be valid until the appellant has recorded this variance in plan in the sepa County registry of deeds and submits document recording numbers and dates to the city clerk and building inspector of the city of Riv the appellant must receive s plan review approval prior to applying for a building permit and the property shall not be eligible for participation in the city of re's residential and visitor on Street permit parking program Mr lemina is absent Mr O'Brien yes Mr Pelton yes yes Miss Pratt yes and chairman Lopes yes yes the requested relief has been granted subject to those conditions the next application is a247 zap Development LLC Middleton Mass requesting a variance of section 17282 minimum parking requirements for apartment use within the neighborhood business district to enable the appellant to construct a 25 unit apartment building at 344 Salem Street Rivier Mass good afternoon again uh Attorney Jerry dambrosio for the applicant before you of pod development uh my office is at 14 Proctor Avenue Rivier Massachusetts uh I think many of the members are familiar with this project it uh originally came before the zba in October of uh 2022 uh it was approved back in October of 2022 uh for four stories uh 25 small one-bedroom apartment houses apartment units and uh 50 uh parking spots uh the parking spots were achieved with stackers they were not independent parking spots they were parking spots achieved with uh stackers um it's important to note that the the uh petitioner came back before this uh board in November November 29th of 2023 uh to hear our request for a removal or an elimination of the stackers which would have brought the parking from 50 spots down to 31 spots um in the give and take of that hearing there were a number of suggestion made by community members as well as uh some city councelors as to what they wanted to see for uh remediation or mitigation in return for the uh uh removal of the stackers as a result of that as a result of that the plans were amended it's not true it's not true as a result of that the the uh uh the plans were amended and uh uh brought before the uh planning board uh on February 27th of 20124 uh the planning board reviewed them had two separate meetings uh sought Council from uh the city solicitor and based on the city solicitor and their independent determination of the plan plans they determined that the plans were had contained indeed uh material changes as required by the law uh the significant changes to the plans that are before you today are considerable and again they're contained in our submission uh they're contained in our submission and again by by incorporation I referenc my two memos of June 12th one where entitled specific and material changes to development plan for 344 Salem Street the second uh uh memo being a variance addendum for 344 Salem Street application number a247 the reason these briefs are submitted is because they lay out the strong case uh under the law in Massachusetts that allowed for this project in the first place and for the undeniably strong law that allows the zba to reduce or eliminate the uh stackers reducing the the parking parking to 31 uh the the I've summarized the changes to the plans the screening for the parking area has been added uh a privacy hedge is going to be added around the parking area uh the roof line of the building has been changed made more aesthetically appealing uh and uh just as importantly soundproofing has uh uh been implemented in the building uh and again the sound proofing the screening for the parking garage and the Privacy hedge it's all done for noise purposes to reduce noise and congestion in the area uh the as well the rec the front area of the building was reconfigured to make it easier for cars to come in and come out um but I I would say that the the big Improvement in these plans uh and it was an improvement that was asked for indeed by river by members of city government in River was to add an affordability comp component for veterans housing and that's what we did so there are two units that are going to be designated for veterans houses veterans housing at a at affordable rates as dictated by federal law um so this is the plan the plans before you are significantly different than the ones a year ago um I I you know I do understand that there'll be neighborhood opposition as there has been all the way through and I I understand that and I respect that um but the reality is that in the in the Commonwealth of Massachusetts we we are in a housing crisis and you know when you add on top of that uh super high interest rates and super high construction costs what's what's going on is we're we're getting a real downward pressure on the creation of new units uh the state of Massachusetts my last report is in the bottom five the bottom five of the United States stes in the production of new housing um that's an embarrassing statistic so well I do understand neighborhood concern I do understand neighborhood protest um the good thing about this project is it's already up I drove by it last night it's beautiful the building is absolutely beautiful it fits into the neighborhood well uh it's going to be an asset uh to that neighborhood uh at the end of the day the the ground for the variance is economic hardship uh in building this uh uh structure uh the soil contact in that area uh uh as well as a number of other costs that are detailed in the submission to you skyrocketed the price um and that is the grounds for economic hardship which is again a strong ground for case law in Massachusetts uh and it's detailed in the filing before you um based on that uh you know we're asking that uh we that this Bard allow an adjust adjustment simply for the stackers that the stackers be removed it's important to note that that'll leave 31 spaces for 25 single bedroom units 31 spaces for single bedroom units uh in Massachusetts we have the metrop Metropolitan uh metropolitan area commission which does studies in the Greater Boston area on what the average need is for parking for this kind of structure and the statistics are 1.1 per unit 1.1 when it's not a Transit oriented development project this is at a 1.2 so this is even above that standard so again I I do understand the neighbors I do understand that there's often people that uh don't like to see change for different reasons um the reality is that this this this project is going to produce a fraction of the traffic that a commercial project there by right would have produced and and uh the 20 the 25 the 31 spots which we hope there'll still only be 25 cars will create a fraction of the traffic that any type of 7-Eleven or pizza place or other use that could have been done there as a matter of right uh if it went in there so that being said we're asking that this board consider this uh we feel that the affordable housing component for veterans housing is an important one it's much needed in Riv and uh we think that the equities way in favor of uh zap uh development on this thank you thank you are there any opponents propon Clos okay there's two parts to this uh meeting first part is that we have to find that there's specific changes to Warrant this new variance all right so we're going to vote twice on this um I have review the resubmitting plans for 354 Salem Street and I find that there are specific material changes which would allow the applicant to come back to the zba my findings are as follows the changes are Cosmetic in nature but with all are taken into consideration the result is a less intrusive development for the neighborhood the changes are additional screening around the parking garage area privacy Hedges roof line accent sound proofing materials reconfiguration of surface levels parking in entry areas and dedication of two affordable housing units for veterans these changes represent the substantial modification of the project which allows them to come back to the zba members have anything to add I'll make a motion to approve motion to approve direct uh let's get the proponents oh yes this shall the zba find that there are specific and material changes to the development plans for 344 Salem Street Mr Lema is absent Mr O'Brien yes Mr Pelton yes Miss Pratt yes and chairman l yes the board finds that there are specific IM material changes now it's time for the public hearing on the variance request excuse I was I was at the planning board meetings both of them I'm the only person here that was at so you can come up to the podium and speak proponents you vote I have information oh that that was a different section but that's I speak about we're not taking comments on that that's uh zba to vote you can come up in a few minutes to speak okay closing that are there any proponents that means that you are in favor of the variant any proponents remove proponents not so just state your name and address James Vasquez 21 Clifton Street R Mass so I I am the director butter when you go there and look at the building where the garage door is going to be facing it's going to be towards my house my bedroom's right there and um I don't want the stackers I really don't care where people Park if anyone parks on that street they're going to everyone on the Street's going to call and make sure the car gets towed they do it now I liveed there for over 10 years and I used to own the garage that was there before they built the building so I and the the stack is are dangerous and they're noisy so for a year now especially summertime is here I listen to them they're over there working at 7 o'clock in the morning can you imagine 6 o'clock in the morning 5:00 in the morning people going to work and listen to a car lift have you ever heard a lift go up and down hey every foot the the automatic locks click click you can hear from a half a mile away at some point someone's going to get hurt you know it's just like putting a car in the lifted SE or any garage so I I think if a lot of the other people are here don't even live close enough that it's going to matter it's going to matter to me though right even if they put up the noise sound varer in the in the brush if the stackers are there the garage door opening is facing my house I'm going to hear it okay so thank you sir thanks are there any other proponents Council Mark sylvestri how are you doing board um I am a proponent I officially started against this project um I I had an opportunity to to meet with developer I've walked the the site from what was there prior to to what is there now um getting an additional uh veterans units in in the units um also I I don't think we've held any other developer in the city for the last 15 to 20 years to the standard of two parking spots per apartment and I don't think we should start with one today so I I appreciate you supporting this motion thank you any other proponents none hearing and seeing none I am going to close that side of the hearing the opponents come up and speak sir say your name and address for the record I'm sorry I meant to ask you a question before I started with uh four members here what's the mix of what passes and fails shoot four with four members what what's needed to pass four for what four four out of four four out of four to pass yes to pass a quorum a quorum the zba is made up of five members a quorum is four and four would be required to pass or Grant a variance okay so the the the argument that the zba should make regulations based on all around the city that's being allowed to have less parking per apartment this this the elected officials need to make a decision to change the law so that they can face the public in the voting booth okay I know you don't have a problem that's why I'm saying you should you should disregard that that's not that should not be in your criteria in my opinion the next thing is I was at both planning board meetings and when Frank stringy was asked about these issues he said no the whole collectively without the parking without the parking collectively all these issues are not enough to send it back to the zba it was the city solicitor that sent it back to the zba and perhaps he didn't know or perhaps no one knows or you don't know that the attorney O'Neal cited precedent in Massachusetts law the precedent was foret Island it might as well be for Disney world that has nothing to do with reveal theet Island as everybody here knows is one of the most unique places in the world it's got special zoning wences to make it look like it's from the 1700s during the Wheeling era so it's really it was it was highly deceptive Mr Ambrosio here he hasn't been at all the meetings I've been at all the meetings he said there was a there was after the 50 stackers were approved and don't forget that that is what that was what sweetened the deal for the zba when the zba gave four variances out of five legitimo as we'd say in the Italian neighborhood four out of five the one was the parking that the neighbors held out on in the himself volunteered to put in the stackers we didn't think it was a great idea because you have to move a car to put a car in uh but we learned to accept what we could get he also said he was going to repair a culvert which would have saved the city some money and helped out the neighborhood that he's he's reneged on he hasn't done anything with it the stackers he's reneged on Jamie here says the stackers are noisy well I have this from theuse me one I have this from the manufacturer of Auto stackers sir I'll give you another two minutes on the podium I got I I got some important information here though the the uh the company Auto stackers that makes these things this is what they say it's a whispering 52 DB for these parking lifts and they're less noisy than a household appliance for a reference a washing machine is 75 so basically you don't have to worry about anything Jamie you're not going to be noisy economic hardship the zba is supposed to be concerned with women uh uh widows I'm sorry in in orphans for economic hardship developers this man got nine extra units should add six he had 25 $35,000 a month extra income he has plus the capital appreciation on that on that building because it's a 25 unit building it's basically a building fit on a postage stamp he got that so those those items are irrelevant to this meeting stay on the topic I got a chance to speak yes these people might not think they're irrelevant you have one more minute on the podium thanks I have I have much more I sent the letter in I hope you people read it um this has been an unfair process and unfair processes uh do not help a city they hurt a city thank you thank you any other opponents three minutes I in s let me just take this my name is Patrick Renna I live in five Laurel Street in SAS which is roughly one and a half box away from the development uh I love the development I think it's great from what it was he's actually much better now uh I'm not against uh developing that unit or those units it is great but I would like yes for the law to be followed because we have a problem in Sol this with the street parking which basically we don't have it uh properly the streets are not properly built when people Park they park on the sidewalks half of your car is on the sidewalk the other half is on the road we already have that issue now so with a potentially 29 or 30 more vehicles coming into the neighborhood I'm a block away from it and if you go from Salem Street that has no parking I'm one block away sir so sorry to Ser you but if you don't live within the city I don't think you have rights to come up here to the podium you live in the city of sagus this is the city of Riv matter yes correct uh respect yeah um but this affects sagus does it not excuse me it it affect sagus yes Clifton Street uh which where this property is basically next to it is not for sagus residence okay I understand that but it's going to affect me correct this is what I'm trying to make it understand it's a public meeting but not for sagus residence it's for R residents okay good sorry I'm thank you so my I do believe that they should just follow the law in what was uh previously agreed upon which is the stackers that will eliminate the parking issue as simple as that uh just follow the law get the stackers and no problems um because unfortunately that location because it's so close to the edge between Rivier and sagas the streets of Rivier over there do not allow for overnight parking you practically have no overnight parking the only way you can accommodate parking is using the streets of sagas not Riv and I live in sagas so I would like for this stackers to be in place so I don't get negatively affected by potentially 20 something vehicles in there all right Mr that's all I have to say U okay thank you all right thank you we're going to take a two-minute recess at for e for e e continue with the opponents okay we're going to continue with the opponents any other opponents sorry state your name and address for the record sir y Christoper chano one Clifton Street just want to give a little history on this property back in 2016 excuse me you give me a time limit yes you have three minutes sir thanks 2006 this property there's a landscape of proposing to add six parking spots to this property it was denied by the city of R back then so let's fast forward because I only have a couple minutes here it's okay for a four-story 25 unit on an 18,000 foot lot that doesn't meet the parking law it's not okay so with that said Clifton Street is 75% saus not R so where's the other parking going sarus there a petition from SAS and this is hold by law 95% of Clifton Street is on this they have a word too on the last meeting I told them you should notify them because there are right across the street it's under the 300 ft were any of those people notified the answer is no so the original agreement was 50 spots with the stackus for the four approvals that they already had and as a resident I'm not going for five and we're not going for five there's over 25 people on that list and I'll hold that the law thank you good evening Michelle Kelly Derby Road I just want to go back to some Basics here to begin um and I want to remind everyone that pursuant to section 17.04 point10 of the revised zoning ordinances the purposes and objectives of our zoning ordinances are as follows to lessen congestion in the streets to prevent overcrowding to avoid undo concentration of population to facilitate the provision of among other things open space to encourage the most appropriate use of land throughout the city to conserve Health to secure safety from fire flood panic and other dangers to provide adequate light air and space and to preserve an incre increase amenities by the promulgation of regulations to fulfill these objectives I would argue that this project doesn't fulfill any of those purposes and objectives and issuing yet another variance will only erode these purposes and objectives even further in addition as appointed members of the zoning board the purposes and objectives of our zoning ordinances of the city of Riva should be yours to uphold and they should be your utmost in Main concerns and priorities issuing yet another variant specifically on a project where there is an incredible amount of public opposition is contrary to the purposes and objectives of the cities of River's revised zoning ordinances therefore I urge you to deny the applicant's request this evening and enforce the parking requirements as prescribed pursuant to our zoning ordinances I also just want to touch on something that attorney dambrosio said actually a couple of things um he said you know some residents just don't like change and I think that's belittling and insulting to these residents because their concerns go beyond just maybe not liking change and we can see that they have real concerns and I am urging you all to hear their concerns as residents of this city and to not belittle them um I also want to speak to the veterans housing I am very happy that we're getting some veterans housing in there extremely happy but that shouldn't come is a tradeoff to the fact that the zoning ordinances can just be ignored and the original obligations that were agreed to can now be ignored this isn't this project is not benefiting the city can anyone tell me how it's benefiting the city if the residents don't want it we don't you know other than the two veteran housing and this is going to cause and be in opposition to everything our zoning ordinances are supposed to put into place I don't see how you can continue to just grant variances after variance after variances as appointed members of this board it's getting a little ridiculous with all the variances that keep being requested especially when there is opposition to them I urge you to see the resident's point of view this evening and deny this thank you thank you there any other opponents good afternoon Christiano wood counselor thank you I'll keep it short I'll keep it sweet don't need time around me I spoke to many residents in ward 6 in that neighborhood specifically who are opposed to the parking variance given to them I'd like to stick to the original plan so far the project building looks good veterans part looks good and I like to keep it the way it was we we had an agreement it was acceptable and it work for everybody let to stick with it I said that you what happen over on Washington Avenue by the cemeteries there was no parket on Washington Avenue you go by there there's always carhs out there and that's been a stickler for the city for the last couple years to packing i' appreciate it if you consider it and keep it the way it was thank you thank you sir any other propon opponents he state your name and address for the record you press the button Lucille CRA col 76 Franklin Street so I'm opposed to it um I've been to some of these meetings for the zoning board what was agreed on with the packing I feel should be done um living on Franklin Street we we've seen when they revise the park people pulling on the street parking on the side of the street where there's no parking um I now when I go for a walk and I walk past that area there's cars on the sidewalk there's cars on the grass you have to literally step in the street to get around that building and the construction because there's nowhere to walk cuz the cars are on the sidewalk and in the grass um or you have to walk the bike path um it's already been agreed on he was the one who said that he would be willing to put the stackers in that that would take care of the parking issue I don't understand like if you agree to it and you're the one that proposed it why are we changing this we never wanted this project to begin with we kind of looked at the changes and again it's a compromise you give and take it's a give and take situation and so that's what was agreed on and now the building is built without the stackers and now they want to make changes to what was already agreed on how does that benefit the residents that live there that we're going to have to deal with the traffic you know they talked about putting a commercial building there and how bad the traffic would be that's our 247 a commercial business would be open and then closed a commercial business had been there before we didn't have an issue with the traffic we didn't have an issue with the parking but we will now thank you thank you any other opponents any the opponents yes sir come on can I give one second sure one more minute speaking about Mr dambrosio here in his dismissiveness when we when when they proposed this this bill Mr de Osio said no need to have any parking because everybody Ubers there he is thank you sir what he any other opponents do I press this it's already on oh okay Maria richio 24 Franklin Street up in North Rivia I oppose it's all been said Thank you any other opponents he and seeing none I'm going to close that side of the hearing any proponents oh we already prop okay any CBA members have any questions none motion to vote on the matter what's the motion is there a motion to vote Yes roll call there's a motion to vote speak in the microphone a motion to vote Yes approve ask for a roll call okay roll call shall the zba grant the relief requested subject to the zba's standard conditions if the rights of this 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 sepa County registry of deeds and submits document recording numbers and dates to the city clerk and building inspector of the city of reair the appellant must receive site plan review approval prior to applying for a building permit and the property shall not be eligible for participation in the city of River's residential and visitor on street parking program Mr lemina yes yes Mr O'Brien yes yes Mr Pelton yes yes Miss Pratt yes and chairman Lopes yes yes the has been granted there's no further business chairman loopes what aicek what a service everyone of is be f