test 1 two3 good evening welcome to the r zoning board of appeals if you could rise and salute the flag please 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 we CL the members of the zba Mr lemina yeah here Mr Lopes here Mr O'Brien yeah here Mr Pelton here here miss Pratt alternate member here here and chairman Tucker here cor is present we can't go out of aut because they're not in attendance yet so we'll just continue with our calendar great first application is a249 Jason and Megan Simons hurling 185 endicot AV requesting a special permit from the zba pursuant to section 17 4040 to modify and expand an existing non-conforming single family structure at 185 andot AV please state your name and address for the record I'm Jason Simmons hling of 185 inav this is my wife Megan um sorry I haven't done okay um do you have any additional information add or does this speak for itself I hope that it speaks for itself okay um seeing that it's a public hearing I'll have to ask if there's any proponents um in the audience is there anyone in favor of this application seeing in here and then I'll close that side of the hearing other than the wad counselor is put on record as being in favor so that's been noted and now we will go on is there any opponents anyone opposed seeing and hearing then I'll close that side of the hearing do any members wish to speak then there a motion to approve I would ask for a roll call with us standard conditions please the standard conditions for a zoning board of appeals special permit are as follows if the rights authorized by the special permit are not exercised within two years of the date of the grant of the special permit the right shall lapse the special permit shall not be valid until the appellant has recorded the 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 Rivier and the appellant must receive site plan review approval prior to applying for a building permit on the motion to approve the special permit with those conditions Mr lemina yes Mr Lopes yes Mr O'Brien yes yes Mr Pelton yes yes and chairman Tucker yes yes the special permit has been granted application A2 2410 the neighborhood Developers for garish Avenue Chelsea Mass requesting an additional sixth Monon time extension of the one-year exercise period from the zoning board of appeals associated with the granted variances of a 2328 to enable the appellant to construct a sstory mixed use building on the property known and numbered as 110 Ocean Avenue good evening please state your name and address for the uh good evening chairman and members of the board my name is Nancy O'Neal and I'm an attorney located at 14 Proctor Avenue I am here tonight on behalf of the applicant uh the neighborhood developers uh as you know the neighborhood developers are nonprofit organization that does a lot of fine work uh in the city of R and neighboring communities providing affordable housing uh to this end uh tnd utilizes state and federal funding sources for their projects uh and in the case of this 110 ocean avue new project uh the federal funding program that they rely on is experiencing delays uh which has in turn a delayed tnd D's ability to begin construction um so accordingly we would ask uh respectfully the zba uh Grant a six-month extension of the variances thank you okay since we only do one extension in our rules um do you want to ask for a year so because you would oh you can't ask for a year so six months okay then is there any proponents anyone in favor seeing hear on I'll close outside hearing any opponents seeing hear no close that side of hearing any members wish to speak a motion to approve is on the floor with roll call shall the zoning board of appeals Grant the grant an additional six-month extension of the one-year exercise period of variance a 2328 Mr lemina yes Mr Lopes yes Mr O'Brien yes Mr Pelton yes yes and chairman Tucker yes yes the time extension has been granted application a2411 is a special permit anoir massud and Usman Raman 142 Malden Street requesting a special permit pursuant to R revised ordinances section 17. 40.0 40 from the zoning board of appeals for the alteration and extension of a pre-existing non-conforming single family structure in addition to the following variances to enable the appellant to convert the structure to a two family dwelling at Malden Street minimum parking requirements Max height and minimum number of stories once again name and address for the record please uh good evening chairman and members of the board uh my name is Nancy O'Neal and I an attorney located at 14 Proctor Avenue and I represent the applicants in this matter uh the massud ramen family owners of the 142 Malden Street property and I am joined here tonight uh by the masud ramen family and their neighbors our proposal is for a vertical addition to the 142 Malden Street property which hopefully you can uh see here see there behind me um so specifically this addition would allow the property to be converted to a uh a two Family Residence uh and two family use is allowed by right in the RB District uh where this property is located uh and many of the homes in this neighborhood uh including all the direct Butters are two to three family homes so this proposed conversion uh is nothing unusual uh for this neighborhood uh so when summary as part of this addition the building footprint will remain unchanged and two stories will be added to the property uh so I also have an illustration of the addition so this addition is configured uh in this manner um due to the technical uh conditions of this property which are very challenging and prohibit um expansion to either side of the property due to severe sloping um so the amount of sloping for this property is approximately 16 feet from the uh Frontage on Malden Street to the rear of the property line um so if the structure were to be extended at the ground level excavation and Foundation bracing measures uh would need to be undertaken at Great cost uh the costs of which are not feasible here and likewise uh prohibitive excavation cost due to this sloping but also render the provision of a fourth parking space um infeasible so accordingly the only feasible way uh to construct and provide additional living space at this property is by building up um so here we are proposing uh a two two story addition um currently uh the first story exists it's a one-story home with a below grade garage we would add two stories uh and the building height uh would be 34 ft once completed um so importantly this addition has been designed to be as unobtrusive as possible and to fit with the size and scale of neighboring properties uh so as I mentioned the the variances requested here are relatively minor uh in terms of height what we're talking about is 34t where 30 ft are allowed and three stories where two and a half stories are allowed um but as you can see here uh this is an attractive addition that is largely two stories and then a dormer floor on top uh so the completed structure will be in line with the size and scale of neighboring structures uh many of which are constructed with a similar configuration which is a below grade uh garage or basement and two to three floors above uh so overall the addition to 142 malen street is not expected to be out of place or have negative impacts on neighbors and uh to this end the direct Butters to the left and right of the property are in support and have submitted uh letters to the zba to this effect uh and the letters reference uh that this addition and the two family conversion will allow uh the ramen mour family who are long-term R residents uh to remain in the property uh and specifically the addition would allow the property to be converted to the two family residents to be occupied by Mr Ramen and his wife anoir mour on the second and third floors and their father-in-law uh Mr mhor massud to be on the first floor uh so this proposed Edition is a family project that will allow the riv residents to enjoy their home for many years to come and for these reasons we respectfully request that the CBA Grant the requested relief and as always uh we are happy to answer any questions that you you may have thank you thank you seeing that this is a public hearing I'd ask if there's any proponents anyone in favor if you'd step up to the microphone and state your name on the record if you're in favor please step up to the microphone state your name and address for the record so I am next door actually my name is Al abas I live at 144 molden Street Mr Mass lives at 142 molden Street I lived with him for many years and he's like very quiet neighbor very clean no loud music and uh when he told me that he's going to come up with the second floor normally you think that you're supposed to up who is that but actually I was wrong he suppose actually I'm very supporting for him to come up with the second floor cuz he'd be able to have a good life for his family who his daughter they were looking to buy a house for many many years and we know that there's housing uh Dilma nobody can buy houses nowaday so the only way you can really live and actually support his daughter is to come up with the second floor so that's why I'm fully supporting for that although I am next door from him and can affect my property but I'm still supporting for that because I want him to have a good living for his family and he's a good neighbor quiet clean and I think I should be able to support him 100% right thank you thank you are there any other proponents anyone else in favor seeing in here thenone I'll close that side of the hearing are there any opponents anyone opposed seeing and hearing then I'll close that side of the hearing Council can I see the plot plan that you have AED cuz this is very small so it's upside down so just cons I couldn't see the parking so there is yeah there's one right outside or two okay so with the current um wall That's they they put up that's large enough for a parking space cuz that's on their property now right I gu it still it okay just wanted to make sure of that any members Mr to speak the ward counselor has not contacted me to address any concerns um we we've been in touch with Ward counselor cogliandro uh he's received the plans and he's gone down and visited the property and he's informed us that he has no issues with the project okay is there a motion to approve there's a motion to approve on the floor with the conditions the conditions for the special Department are as follows if the rights authorized by the special permit are not exercised within two years of the date of the granted this special permit the rights shall lapse the special permit shall not be valid until the appellant has recorded this variance and plan in the suff 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 site plan review approval prior to applying for a building permit shall the zoning board of appeals Grant the relief requested for the special permit for 142 Malden Street Mr lemina yes Mr Lopes yes Mr obrien yes yes Mr Pelton yes and chairman Tucker yes yes the special permit has been granted thank you next application is a242 Jason Jones 8 Pac Street requesting the following variances to enable the appellant to construct a single family dwelling on lot 67 and 8 at the intersection of Walnut Street and Richard Street minimum rear yard setback and minimum front yard setback good evening could you press the microphone state your name and address just for the record please uh good evening Jason Jones 10 pacon Street Riv Mass 02151 okay I think your application speaks for itself unless you want to add anything to it no okay I was able to go and toward the property and I found it finally in the back there um so I would ask where it's a public hearing are there any proponents anyone in favor if you'd kindly step up to the microphone state your name and address for the record my name is John Papo I live at 7 Oak Tree Lane Rivia uh my property is just diagonal adjacent to where Mr Jones want to build the property I have no problem with them with the building of the house what I do have a problem with is that across from my across from my house there is a curved sidewalk that is in disarray it hasn't been it's all junk in and uh trees overgrown all right I spoke to uh counselor janino that he should come up there and look at it what you did and he said he would address the council uh on it also that Richard Street it's a closed it's a closed Street right now it's only a street in name uh I would like to see a curb cut in that street open since that Street's been closed there are approximately eight houses up Beyond me that unfortunately that's not part of our zoning board of appeals well so that would have to be taken up with the ward counselor okay and then you can take it up with the building department or whatever any other agency I've been trying for this for a long time but it it wasn't but I have no problem with Mr Jones building a house there maybe they'll clean up that that area great are there any other proponents please kindly step up to the microphone state your name and address for the record hi my name is JJ Jones um five Street um Jason's brother and uh next door a neighbor the uh my mother's here as well she's 12 Rich Street U she lives directly across the street uh further up the street is my grandmother's house it's pretty much all of our um our whole family is on the street and we've been there for Generations um so for him to build a house and come back home is pretty much a dream real from my dad um so I'm definitely in favor of this um and to address the if you could just give your mother's address as well as what uh Patricia Jones 12 Street all right so there's no need for you to step up here y uh we're definitely all in favor of this and uh to address the gentleman's issues everything will be cleaned up once construction begins I thank you for letting me interrupt your basketball game when I was up there CU that was me all righty are there any other proponents and no you don't have to get up because we did record you as a proponent oent okay thank you are there any other proponents seeing in here and not I'll close that side of the hearing any opponents anyone opposed seeing in here and not all close that side of the hearing any members wish to speak there's a motion to approve with our current conditions roll call the conditions for the zba variant are as follows if the rights authorized by this variance are not exercised within one year of the date of the granted 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 reier and the appellant must receive site plan review appro approval prior to applying for a building permit shall the zoning board of appeals Grant the relief requested for um for Lots 67 I'm sorry 67 and 8 at the intersection of Walnut and Richard Street Mr lemina yes Mr Lopes yes Mr O'Brien yes yes Mr Pelton yes yes and chairman Tucker yes yes the variance has been granted special permit application A2 2413 Philip J consolo 169 rice Avenue requesting a special permit from the zba pursuant to rever 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 of the structure located at 169 RAV it's noted and recorded that Miss Pratt the alternate member is recused from discussion on this application is the applicant or the representative here to speak please step up to the microphone state your name and address for the record Lumar Kus 152 lyway sweet 3A Lyn okay we had a request to continue and if the chairman and the clerk are not satisfied with that particular uh plot plan that we have uh then we would request a continuance for a future date yeah the plot plan is is not the correct plot plan it's from 2002 would need an upto-date plot plan so in that case uh we'd request a continuance okay and we this is a public hearing though I do have to ask if there's proponents and opponents so I would ask if there's any proponents seeing in here and none Out close that side of the hearing I would ask if there's any opponents anyone opposed you got it Chris Clock 32 Wadsworth more a butter in the back I'm not going to go too in detail until everything's uh proposed but I just don't know if you can even rehab the first floor the thing is just a pile of scks pretty much it's full of rodents there's two giant raccoons that live there every night I don't even know if that's your problem um but I just want to put that on the record that's pretty much all I got to say for now thank you okay thank you um seeing that they need to submit a new plot plan with all our um details on it I would ask for continuance um is there a motion to continue motion to continue as for a roll call please shall the zoning board of appeals allow the matter to be continued to the August see to the August 28th meeting of the zoning board of appeals Mr lemina yes yes Mr Lopes yes Mr O'Brien yes Mr Pelton yes and chairman Tucker yes yes this matter will be continued application 82414 debellis delar Roa palino 425 Rivier Beach Boulevard requesting a variance of Rivier revised ordinances section 17366 A2 to enable the appellant to construct a roof sign 180 in in width by 15 in in height indicating the name of the business tum takaria at 425 River Beach Boulevard good evening board members um my name is D delar Roa and this is my husband Manny srino I have um need an address please you just have to State uh 425 Rivier Beach Boulevard um tumaka I have revised um uh designs for the sign if I can pass are the dimensions still the same um no they're they different yeah is it I have a few copies I would ask that the ward council would take a look at this because it is a little bit larger um although there I have not had any um comments from anybody I would have to ask as a being a public hearing is there anyone as a proponent anyone in favor seeing in here and not unclose that side of the hearing if the ward counselor wishes to speak May yes Council Angela Gino so w 5 um I don't see a problem with this I actually think it looks a lot better than that other one would it's because it goes straight across the top and it's just like individual letters it's not like a big eyesore I like it better okay so we haven't and I haven't had any complaints so that's all that matters seeing that it's a public hearing I will ask if there's any opponents seeing and hear and not I'll close that side of the hearing um any counselors wish to speak is the sign is it a lighted sign no so the sign is is not going to be lighted there's some spotlights that are already there that are going to illuminate the sign but there's no um additional electrical work or or um illumination to the sign I know the doesn't the city have an ordance of how big the signs have to be and the lighting and so forth this is to this variance is to allow for a roof sign which roof signs are not allowed in the city of Rivier so she's asking for an exception to that rule to allow her to construct this roof sign and there's no size either way if the zba were to Grant this the zba could put a condition on it as with all the other variance applications that site that they would need site plan review approval okay I would like to add if you don't mind um that granted the variance for the roof toss sign will not nullify or substantially derogate from the intent of the purpose of the zone and board ordinance for the following reason the aesthetic integration the proposed sign is designed to be harmonious with the architectural style of the building and the surrounding area it will feature a modern clean design that complements the existing structures and enhances the overall visual appeal of the neighborhood the size and proportionality of the sign will be appropriately sized to the scale of the building ensuring it does not dominate the skyline or create visual clutter its Dimensions will be in proportion to roof line maintain in a balanced and orderly appearance safety and considerations um the signs will be professionally installed in Secure fast into the roof meeting all safety standards it will not obstruct any views or create hazardous for pedestrians or drivers it will also um be in consistency with zoning goals the primary primary goals of the zoning or ordinances are to mainstain the aesthetic quality of the area ensure safety and prevent visual clut the proposed sign meets these goals by being aesthetically pleasing safely installed and proportionately sized by addressing these points the variance can be granted without compromising the objectives of the zone and ordinances the sign will be will contribute positively to the business and the community aligning with the overall vision of the area thank you very much keep in mind that this property has been there for many years does and you don't own it you're renting it off of the correct yes so the there's been Dunkin Donuts there's been McDonald's there's been and there's always been a roof sign they're just doing things to conform with all of the regulations and getting the approv it's been very difficult to try to get this place open I am so happy that you're at the final stages cuz I am in a butter too well not on a butter I can walk there so is there any other questions there is there on a motion to approve as for a roll call and we do want to state that the so this is for a plan submitted July dated the plan so the zoning board of appeals would be approving this plan submitted today July dated July 1st 24 okay standard conditions the conditions would be based on site plan review oh standard zoning board of appeals conditions are as follows 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 this variance shall not be valid until this variance has been recorded 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 reier and the appellant must receive site plan review approval prior to applying for building permit shall the zoning board of appeals Grant the relief requested for 425 rier Beach Boulevard Mr lemina yes yes Mr Lopes yes Mr O'Brien yes yes Mr Pelton yes yes and chairman Tucker yes yes the variance has been granted there's no further business thank you so much have a good evening thank you thank you we're adjourned until August 28th thank you