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WELCOME TO THE APRIL 16TH, 2026 MEETING OF THE CAMBRIDGE BOARD OF ZONING APPEAL.
MY NAME IS STEVEN ING, AND I AM THE CHAIR PURSUANT TO CHAPTER TWO OF THE ACTS OF 2023, ADOPTED BY MASSACHUSETTS GENERAL COURT AND APPROVED BY THE GOVERNOR.
THE CITY IS AUTHORIZED TO USE REMOTE PARTICIPATION AT MEETINGS OF THE CAMBRIDGE BOARD OF ZONING APPEAL.
THIS MEETING IS BEING VIDEO AND AUDIO RECORDED AND IS BROADCAST ON CABLE TELEVISION CHANNEL 22 WITHIN CAMBRIDGE.
THERE WILL ALSO BE A TRANSCRIPT OF THE PROCEEDINGS.
ALL BOARD MEMBERS, APPLICANTS, AND MEMBERS OF THE PUBLIC WILL STATE THEIR NAME BEFORE SPEAKING.
ALL VOTES WILL BE TAKEN BY ROLL CALL.
MEMBERS OF THE PUBLIC WILL BE KEPT ON MUTE UNTIL IT IS TIME FOR PUBLIC COMMENT.
I WILL GIVE INSTRUCTIONS FOR PUBLIC COMMENT AT THAT TIME.
AND YOU CAN ALSO FIND INSTRUCTIONS ON THE CITY'S WEBPAGE FOR REMOTE BZA MEETINGS.
GENERALLY, YOU WILL HAVE UP TO THREE MINUTES TO SPEAK.
I'LL START BY ASKING STAFF TO TAKE BOARD MEMBERS ATTENDANCE AND VERIFY THAT ALL MEMBERS ARE AUDIBLE.
VIRGINIA KEESLER, VIRGINIA KEESLER PRESENT.
WENDY ERON, PRESENT, AND STEVEN PRESENT.
FIRST ITEM ON THIS EVENING'S AGENDA SCHEDULE FOR 6:00 PM IS CASE NUMBER BZA 1 2 0 2 0 4 9 1 MYRTLE AVENUE.
UH, TO APPEAL THE ISD DECISION TO DECLINE THE PETITIONER'S REQUEST FOR A WRITTEN ZONING DETERMINATION REGARDING THE INTERPRETATION OF SEVERAL PROVISIONS OF THE CAMBRIDGE ZONING ORDINANCE AS APPLIED TO THE PROPERTY LOCATED AT ONE MYRTLE AVENUE.
IS THERE SOMEONE, UH, ON THE ZOOM TO REPRESENT, UH, THIS APPLICATION? NO ONE.
I'M THE OWNER OF, UH, VAN MYRTO AVENUE.
UH, THE BOARD, UM, I'M HERE TO, UM, REQUEST, UH, UM, A ZONING INTERPRETATION UNDER MGL CHAPTER 40 A.
I SUBMITTED A FORMAL WRITTEN REQUEST TO THE INSPECTION OF SERVICES DEPARTMENT UNDER THIS, UH, CHAPTER 40 A SECTION SEVEN, ASKING FOR DETERMINATION ON HOW SPECIFIC PROVISIONS OF THE ONLY ZONING ORDINANCE APPLIED TO MY PROPERTY.
I STILL ACKNOWLEDGED THE RECEIVING THAT REQUEST, BUT DECLINED TO ISSUE A WRITTEN DETERMINATION.
UH, AND, UH, ONE OF THE INSPECTORS, UH, UH, DROVE BACK IN WRITING BY EMAIL, UH, SAYING ESPECIALLY ABOUT THE FRONT, UH, CONTEXTUAL SETBACK.
UH, SHE SAID THAT THE, UM, THE, UH, COMPUTATION EITHER TWO PROPERTIES ON BOTH, UH, AND, UH, NEXT TO THE PROPERTY, UH, WHICH I DISPUTE AS A ELABORATED IN, UH, IN MY COMPLAINT, UM, LETTER.
UH, AS A RESULT, I'M HERE ASKING THE BOARD TO CLARIFY HOW THE ORDINANCE APPLIES BEFORE I PROCEED WITH THE FULL BUILDING PERMIT AMENDMENT.
CURRENTLY, WE HAVE A BUILDING PERMIT BEING APPROVED BY ISD.
UH, BUT THIS, UH, ZONING DETERMINATION IS PERTAINING TO AMENDING THAT, UH, PERMIT BASED A LITTLE BIT OF, UH, CHANGE IN DESIGN.
MY GOAL IS TO FOLLOW THE ORDINANCE AS WRITTEN AND THE PROCEED THROUGH THE NORMAL PERMITTING PROCESS.
UM, I, UH, JUST FOR THE RECORD, UH, WE DID RECEIVE, UH, A LETTER FROM, UH, THE, THE CITY OF CAMBRIDGE SOLICITOR.
UH, WE ASKED, UH, FOR SOME CLARIFICATION AND GUIDANCE ON THIS PARTICULAR APPEAL THAT YOU'VE MADE, AND IT WAS, UM, ISSUED OUT ON, UH, APRIL 15TH, 2026.
I AM, I BELIEVE THAT WAS, UH, ADDED TO THE PORTAL FOR THE, FOR YOUR APPLICATION.
WERE YOU ABLE TO RECEIVE THAT PARTICULARLY? I ONLY SAW IT THIS MORNING, UM, AROUND
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MAYBE 10:00 AM SO IT WAS ALREADY BEHIND.I THINK THERE WAS A DEADLINE TO SUBMIT ALL THE MATERIALS BY MONDAY THIS WEEK.
FOR ANYTHING TO BE DISCUSSED, UH, DURING THIS, UH, HAVING THE HEARING, I BELIEVE THAT'S FOR THE PETITIONER, MR. CHAIR.
THE DEADLINE IS FOR THE PETITIONER, RIGHT? RIGHT.
WELL, UM, THAT DEADLINE IS, IS FOR WHEN, UM, YOU MAKING MODIFICATIONS OR SO ON THAT, UH, THAT'S THE DEADLINE TO ADD ADDITIONAL INFORMATION, UM, TO THE, TO YOUR PRESENTATION.
BUT, UM, THIS FINDING THAT WE RECEIVED, UH, KIND OF PROVIDES THE BOARD, AND THIS WAS SHARED WITH BOARD MEMBERS AS WELL, CORRECT.
OLIVIA, UM, KIND OF ADDRESSES, UH, YOUR ARGUMENT OF, OR YOUR POINT OF, UM, CITING, LET'S SEE.
JUST KIND OF FINDING A SECTION WHERE I CAN, SO BASED ON YOUR APPLICATION, UM, AND I'LL READ OUT THE A PROP, UH, PARAGRAPH.
UM, THE PETITIONER SEEKS AN OPINION ABOUT HOW THE ZONING ORDINANCE APPLIES TO THEIR PROPERTY.
THERE IS NO LEGAL RIGHT TO AN ADVISORY OPINION FROM A BUILDING COMMISSIONER.
UH, GENERAL LAWS SECTION C 40 A SECTION SEVEN ALLOWS SOMEONE TO REQUEST ENFORCEMENT OF THE ZONING ORDINANCE AGAINST ANY PERSON ALLEGEDLY IN VIOLATION OF THE ZONING ORDINANCE, UH, AND ALLOWS SOMEONE TO APPEAL FROM THE INABILITY TO OBTAIN AN ENFORCEMENT ACTION AFTER SUBMITTING A REQUEST, AN APPEAL FROM THE INABILITY TO OBTAIN A BUILDING PERMIT AFTER SUBMITTING A BUILDING PERMIT APPLICATION.
HOWEVER, NEITHER STATUTE REQUIRES THE BUILDING COMMISSIONER ISSUE AN ADVISORY OPINION ABOUT HOW THE ZONING ORDINANCE WILL BE APPLIED TO A PROPERTY, NOR GIVE SOMEONE THE RIGHT TO APPEAL FROM AN ADVISORY OPINION OR LACK OF AN ADVISORY OPINION.
SO THE POINT THE CITY SOLICITOR IS MAKING IS THAT THERE'S NO REAL, THERE'S NO LEGAL BASIS FOR A PETITIONER, UH, TO GET AN OPINION ON HOW THE ZONING ORDINANCE APPLIES TO THE PROPERTY, UH, WITHOUT HAVING APPLIED FOR A BUILDING PERMIT OR A MODIFICATION TO AN EXISTING PERMIT.
AND BECAUSE GL 40 A SECTION EIGHT DOES NOT AUTHORIZE AN APPEAL IN THIS SITUATION, THE BOARD LACKS JURISDICTION TO APPEAL THIS, UH, TO CONSIDER THIS APPEAL.
AND, UM, IF THAT'S THE CASE, I, I DON'T THINK, UH, WE HAVE ANY STANDING TO BE ABLE TO, TO, UH, ADVISE OR APPROVE OR THE APPEAL THAT'S BEING MADE THIS EVENING.
UM, MAY I SAY SOMETHING, UM, UH, BOARD CHAIRMAN AND THE, UH, THE BOARD, UM, THE, UH, THE ZONING INSPECTOR'S INTERPRETATION ABOUT THE CONTEXTUAL FRONT SETBACK? WELL, I'M NOT MS. WONG, I, I DON'T WANT TO DIVE INTO THE DETAILS REGARDING WHAT THE ISSUES ARE WITH THE PARTICULAR, UM, MODIFICATIONS OR DESIGN ZONING ISSUES YOU'D LIKE.
YOU'RE, YOU'RE ADDRESSING, WE'RE TALKING ABOUT THE PROCESS, AND, UM, RIGHT NOW THERE IS NO LEGAL, UM, UH, RIGHT, FOR, TO ASK FOR, UH, A DETERMINATION FROM ISD UN UNLESS YOU'VE FILED THEM, UH, MODIFICATION TO THE BUILDING PERMIT.
UM, THE, UM, IS THIS, UH, PARAMETER, UH, IMPACTING OUR AMENDMENT.
UM, AND WE HAVE ALREADY PROVIDED A ARCHITECT DRAFTED PLAN WITH, UH, THE ENVELOPE THAT WE PROPOSED, UH, ALL THE DETAIL, THE CALCULATION OF THE FLOOR, UM, LIVING AREA SPACE.
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SPECIFICALLY ADDRESSING THIS ZONING DETERMINATION QUESTION, APPLYING TO OUR PROPERTY.SO THERE'S NO AMBIGUITY ABOUT IT.
AND, UH, THIS IS THE, THE STEP THAT WE WILL, UM, WE WILL TAKE IN AMENDING OUR BUILDING PERMIT.
SO IT'S NOW CLEAR TO ME, UH, AND THE ZONING INSPECTOR ALREADY, UH, HAD IN WRITING DECLINING, UH, THAT, UH, THIS CONTEXTUAL SETBACK APPLIES TO CORNER LOTS.
THIS APPLIED TO A WIDER NUMBER OF PROPERTIES ON THE CORNER, BECAUSE THERE ARE JUST SO MANY STREETS.
UM, IT'S IMPACTING A LOT OF, UH, UH, PROPERTY OWNERS.
UH, SO THIS QUESTION IS, UH, IS RATHER JUST A VERY SPECIFIC TO THOSE CORNER LOTS.
UH, AND IT'S A STREET INTERPRETATION OF, UH, THE ZONING ORDINANCE.
IT'S NOT THAT WE WOULD DO NOT TO DO, IT'S THAT WE WANT TO DO THIS.
AND WE ALREADY, UH, ELABORATED IN FRONT OF A ZONING INSPECTOR.
SHE DECLINED IN WRITING SAYING THIS DOESN'T APPLY.
SO I THINK WHAT, UM, WHAT WE'LL DO HERE IS, UH, I GUESS I'LL ASK BOARD MEMBERS IF THEY HAVE ANY QUESTIONS ABOUT THE SOLICITOR'S LETTER OR ANY QUESTIONS FOR THE, UH, PETITIONER REGARDING HER REQUEST.
ALSO, I WOULD, UH, ASK, COULD I CLARIFY SOMETHING? SURE.
UM, SO BECAUSE WE LACK JURISDICTION TO DECIDE SOMETHING HERE, THAT MEANS THAT IT WOULDN'T HA IF WE ACT ON WHAT YOU'RE ASKING US TO DO, IT WOULDN'T ACTUALLY HAVE ANY LEGAL EFFECT.
IT WOULDN'T GIVE YOU ANY NEW RIGHTS.
IT WOULDN'T HELP YOU TO BUILD YOUR PROJECT.
YOU HAVE TO GO THROUGH THE PROCESS OF FILING A BUILDING PERMIT OR A MODIFICATION SO THAT THERE CAN BE A LEGAL EFFECT OF DECIDING WHAT ZONING APPLIES TO YOUR PROPERTY.
WE, WE CAN'T DO ANYTHING TO CHANGE WHAT ZONING APPLIES TO YOUR PROPERTY.
IT'S RATHER THE ZONING INTERPRETATION.
WE ARE ARGUING THAT THE ZONING INSPECTOR'S INTERPRETATION ABOUT, UH, CONTEXTUAL SETBACKS ON CORNER LOTS.
IT'S, YOU KNOW, PRO IT'S NOT, UH, UH, WHAT THE ZONING ORDINANCE SAYS.
EXCUSE ME, I GOT THIS, MS. WONG.
I, I THINK THAT THE, THE CONVERSATION I'D LIKE TO MAINTAIN IS WHETHER OR NOT YOU HAVE IT AT THE REQUEST FOR A ZONING DETERMINATION IS ACTUALLY SOMETHING YOU CAN REQUEST FOR.
AND THAT LETTER FROM THE CITY SOLICITOR IS SAYING YOU DON'T HAVE THAT.
UM, YOU'RE, I GUESS THAT'S THE CITY SOLICIT SOLICIT.
SO I, I THINK WE'LL HAVE, WE UNDERSTAND WHAT YOUR POINT IS, BUT, UM, I'M ASKING FELLOW BOARD MEMBERS IF THEY HAVE QUESTIONS.
I THINK, WENDY, YOU HAD A QUESTION? COMMENT.
SO IF WE'RE MOVING TO THE DISCUSSION AMONG THE BOARD MEMBERS, I WOULD LIKE TO SPEAK YES.
ARE WE MOVING TO THAT, UH, JUST QUESTIONS AMONG THE BOARD MEMBERS ONLY? YES.
SO, UM, MY UNDERSTANDING AFTER READING THE STATUTE AND THE CITY SOLICITOR'S LEGAL OPINION AS WELL AS OUR ORDINANCE, AND SECTION 10.2, WHICH IS, AND SECTION 10 IN GENERAL, WHICH GOVERNS THE BOARD'S JURISDICTION, IS THAT FIRST UNDER THE MGL SECTION SEVEN, AS YOU CITED FROM THE LETTER STEVE, UM, OR MR. CHAIR, THAT, UM, THE ONLY THING THAT, UH, SECTION SEVEN ALLOWS FOR IN, RIGHT? IS IF A CITIZEN MAKES A REQUEST IN WRITING FOR ENFORCEMENT OF THE LAWS.
THERE'S BEEN NO REQUEST IN WRITING FOR ENFORCEMENT OF THE LAWS, AND THERE IS NO RIGHT TO HAVE A WRITTEN INTERPRETATION OF THE LAWS UNDER SECTION 12.
SO FOR ONE THING, THERE'S, THERE'S NO BASIS FOR AN ENTITLEMENT FOR A WRITTEN DETERMINATION FROM ISD.
THE FACT THAT THE PETITIONER, UM, ASKED FOR AND WAS GIVEN SOME INFORMAL ADVICE ABOUT THE ZONING LAWS IS NOT, UM, THAT IS NOT SOMETHING THAT IS APPEALABLE TO THE BOARD.
AND, UM, UNTIL THE PETITIONER HAS GOTTEN A DENIAL OF A PERMIT OR A MODIFICATION TO A PERMIT, THERE'S NOTHING TO APPEAL HERE.
THE SECOND THING IS THAT THERE'S NOWHERE IN
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OUR ORDINANCE, IT GIVES THIS BOARD THE RIGHT TO INTERPRET THE LAW OR GIVE A ADVISORY OPINION ABOUT THE ZONING LAW.IN A HYPOTHETICAL SITUATION, UM, WE HAVE TO ONLY REVIEW THE ACTIONS OF THE BUILDING OFFICER AS THEY HAVE CHOSEN TO APPLY THE LAW.
SO THERE'S NOTHING RIPE, AS IT WERE FOR US TO REVIEW.
WE DON'T HAVE THAT AUTHORITY, AND WE CANNOT COMMENT ON HOW THE ZONING ORDINANCE MAY OR MAY NOT APPLY TO A HYPOTHETICAL SITUATION, A SPECIFIC PROPERTY.
DOES THE REST OF THE BOARD AGREE? I AGREE WITH THAT.
AND IN, IN THE SOLICITOR'S LETTER AS WELL, I MEAN, THEY, THEY MENTIONED THAT THE PETITIONER'S REMEDY IS TO APPLY FOR A BUILDING PERMIT.
IF THE BUILDING PERMIT APPLICATION IS DENIED, THE PETITIONER CAN APPEAL FROM THE DENIAL OF THAT BUILDING PERMIT.
SO I, I THINK IN, IN THIS CASE, IT'S, IT, NO, THERE'S BEEN NO FORMAL SUBMISSION OF MODIFICATION TO YOUR EXISTING PERMIT.
SO, UM, I THINK THAT THAT'S KIND OF WHERE, UH, THE BOARD STANDS, UM, FOR, FOR REGARDING YOUR APPEAL, UM, THAT WE LACK JURISDICTION TO HEAR IT, CORRECT.
UM, WE CAN OFFICIALLY SUBMITTED A, A BUILDING PERMIT APPLICATION WITH A FULL PLAN.
UM, BUT IT JUST, UH, UM, I WANT TO HIGHLIGHT IN FRONT OF THE BOARD, UM, GIVEN THE OPPORTUNITY THAT, UH, UH, APPLYING A FOUR FULL BUILDING PERMIT, UH, TAKES A THREE, FOUR MONTHS OF DESIGN WORK AND, UH, ALSO ANOTHER THREE, FOUR MONTHS OF A REVIEW WORK.
UNFORTUNATELY, THE ZONING INSPECTOR GET TO REVIEW THE PLAN ONLY AT THE LAST STEP AFTER OUR DPW FIRE DEPARTMENT POLICE DEPARTMENT, EVERYBODY REVEALS IT.
SO IT'S A VERY LENGTHY PROCESS.
UM, I HOPE THAT, UH, UH, THE BOARD COULD, UH, DO SOMETHING IN THE FUTURE.
UM, WHEN YOU LOOK AT THE ZONING ORDINANCE, HOW CAN, HOW CAN WE MAKE, UH, THE ZONING PROCESS WORK FOR HOMEOWNERS? I ENCOURAGE YOU TO BRING THAT TO YOUR, THE CITY COUNCIL'S ATTENTION.
IF YOU ARE LOOKING FOR LEGISLATIVE CHANGES, THAT WOULD BE ALSO OUTSIDE THE BOARD'S PURVIEW.
SO, UH, I THINK JUST FOLLOWING PROCEDURE FOR APPLICATIONS, I THINK WE CAN OPEN PUBLIC COMMENT.
SO, UH, SO, UH, WE'LL NOW OPEN TO, UH, PUBLIC COMMENTS.
ANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK SHOULD NOW CLICK THE ICON AT THE BOTTOM OF YOUR ZOOM SCREEN THAT SAYS, RAISE HAND.
IF YOU'RE CALLING IN BY PHONE, YOU CAN RAISE YOUR HAND BY PRESSING NINE STAR NINE AND UNMUTE OR MUTE BY PRESSING STAR SIX.
I'LL NOW ASK STAFF TO UNMUTE THE SPEAKER SPEAKERS ONE AT ONE AT A TIME.
YOU SHOULD BEGIN BY SAYING YOUR STATING YOUR NAME AND ADDRESS, AND STAFF WILL CONFIRM THAT WE CAN HEAR YOU.
AFTER THAT, YOU WILL HAVE UP TO TWO MINUTES TO SPEAK BEFORE I ASK YOU TO WRAP UP.
OH, THERE'S NO ONE, UH, ON ONLINE FOR PUBLIC COMMENT.
UM, I THINK IT'S PRETTY, UH, WE'VE GOT THE CITY SOLICITOR'S LETTER.
UM, ANY COMMENTS, THOUGHTS FROM FELLOW BOARD MEMBERS? NO.
UH, SO THE CHAIR MAKES A MOTION TO, AND IT'S ALWAYS IN THE POSITIVE, CORRECT.
UH, MAKES A MOTION TO APPROVE PETITIONER'S APPEAL PURSUANT TO MASS GENERAL LAW, 40 A SECTIONS EIGHT AND 15, FROM THE REFUSAL OF THE ZONING ENFORCEMENT AUTHORITY TO ISSUE A DETERMINATION REGARDING THE INTERPRETATION OF THE RELEVANT PROVISIONS OF THE CAMBRIDGE ZONING ORDINANCE AT ONE MYRTLE AVE.
BOARD MEMBERS, UH, WENDY, WENDY LEISEN AGAINST, UH, JIM MONTEVERDE.
JIM MONTEVERDE AGAINST, UH, VIRGINIA KEESLER, VIRGINIA KEESLER AGAINST MIRANDA, CECIL, MIRANDA, CECIL AGAINST, AND STEPHEN ING, UH, AGAINST, UH, VOTE IS ZERO IN FAVOR.
FIVE AGAINST, UH, THE MOTION, UH, DOES
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NOT PASS, AND I NEED TO MOVE REASONS.SO, UM, I, UH, I MOVE, UH, THE BOARD OF ZONING APPEALS HAS NOT VOTED IN FAVOR OF THE PETITIONER'S REQUEST BECAUSE PER THE LETTER FROM CITY OF CAMBRIDGE SOLICITOR DATED APRIL 15TH, 2026, PETITIONER DOES NOT HAVE A LEGAL BASIS TO GET AN OPINION ON HOW THE ZONING ORDINANCE APPLIES TO THE PROPERTY WITHOUT HAVING APPLIED FOR A BUILDING PERMIT.
AND BECAUSE GENERAL LAWS 48.8 DOES NOT AUTHORIZE AN APPEAL IN THIS SITUATION, THE BOARD LACKS JURISDICTION TO CONSIDER THIS APPEAL, UH, ON A VOICE VOTE, PLEASE.
UM, WENDY, I CONCUR WITH THOSE REASONS FOR DENYING THE APPEAL.
JIM, JIM MONTEVERDE, I AGREE WITH YOUR RATIONALE.
AND OF COURSE, STEVEN ING AGREES AS WELL.
SO, UH, WE'LL PUT THAT INTO THE RECORD.
UM, AND WE, WE CAN CLOSE THIS ONE.
MAY I ASK, UH, UM, FOR, UH, AS A, UH, AS A, A CHAIR, UH, WOULD YOU THINK THAT THE, THE PATH TO GET THE CLARIFICATION ON, UH, ON THIS ZONING DETERMINATION IS THROUGH A FORMAL BUILDING PERMIT APPLICATION? IS THERE ANOTHER WAY? ALTERNATIVELY, NO.
I, I, I, THE REASON WHY, IF YOU MAKE A MODIFICATION OR, OR NEED, OR WANT TO BUILD, YOU KNOW, HAVE, YOU HAVE TO FILE THE BUILDING PERMIT WITH YOUR, UH, DESIGN INTENT AND DOCUMENTATION.
AND FROM THERE, THE CONVERSATION AND PROCESS BEGINS IN CERTAIN AREAS OF TOWN, YOU MAY BE REQUIRED TO SEE VARIOUS BOARDS SUCH AS HISTORIC COMMISSION, CONSERVATION DISTRICTS, AND THEN THE VARIETY OF PUBLIC SAFETY DEPARTMENTS.
AND THEN ISD KIND OF GATHERS OR RECEIVES ALL THAT INFORMATION.
AND, UM, THAT'S WHEN THAT DISCUSSION HAPPENS.
UH, IT INVOLVES SOMETIMES QUITE A FEW, UH, PARTIES TO HELP KIND OF GET YOU THROUGH THE ZONING AND BUILDING CODES AND SO ON, SO THAT THE PERMIT CAN BE ISSUED FOR YOU TO START CONSTRUCTION.
BUT IF YOU, IT, IT'S ALL ABOUT THAT PROCESS AND OFFICIALLY STARTING THAT PROCESS BY FILING FOR THE BUILDING PERMIT.
AND YES, UNFORTUNATELY AT TIMES IT CAN TAKE QUITE A BIT OF TIME, BUT, UM, I THINK WITH, UH, A PRETTY IN-DEPTH PROCESS WE HAVE TO FOLLOW.
THAT'S, THAT'S THE WAY WE SHOULD, THAT'S THE WAY IT'S DONE.
SO OUR NEXT HEARING, UH, IS OUR NEXT, UH, CASE IS AT SIX 30.
WE'LL SEE YOU IN A LITTLE BIT.
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ALL RIGHT.UH, NEXT ITEM ON THE AGENDA, CASE NUMBER BZA 1 2 0 2 0 2 2 4 0 7 CONCORD AVENUE.
UH, SEEKING A VARIANCE TO INCREASE INDOOR SEATING CAPACITY AND EXTEND HOURS OF OPERATION THAT INCREASES PREVIOUSLY APPROVED SEATING AND HOURS UNDER VARIANCE, BZA 2 5 5 3 9 0.
UH, SECTIONS FOUR POINT, UH, ARTICLES, FOUR SECTION 4.35 ARTICLES, 11 SECTIONS, 11.30.
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10, SECTION 10.3.UH, IS SOMEONE ONLINE HERE TO SPEAK TO THIS APPLICATION? HELLO? YES, THIS IS SOHEIL.
WELL, UH, TELL US, TELL US ABOUT, UH, TELL US ABOUT YOUR APPLICATION.
UM, SO YES, UM, WE, UH, TRYING TO ADD SOME SEATS INSIDE AND INCREASE OUR HOURS OF, UH, OPERATION.
UM, WE, WE WANTED TO, WE, WE JUST TRYING TO ADD SOME BUSINESS.
WE, WE HAVE SOME PROBLEMS LIKE WINTER TIME, SO PEOPLE WANT SEE IT, BUT WE HAD LIKE A OUTDOOR SITTING, AND THAT WAS A LITTLE BIT TOUGH FOR THE PEOPLE TO USE.
YEAH, IF YOU COULD PULL THAT UP.
SO, UH, THIS IS KIND OF, UH, YOUR PROPOSED PLAN, CORRECT? YES.
AND I BELIEVE THE, THE SEATING AREA YOU'RE SHOWING, UH, IT WAS ORIGINALLY BEFORE, YOU KNOW, UH, WAS STORAGE.
I BELIEVE THAT'S THAT'S TRUE, YES.
SO YOU'RE JUST CONVERTING THAT AREA INTO A SEATING AREA? THAT'S TRUE, YES.
SO THIS IS, UH, AN EXTERIOR PHOTO BASED UPON THE, UM, UH, THE VARIANCE WE GRANTED, UH, I'D SAY, HOW LONG AGO WAS THAT? JUST, UH, IN 2024.
SO THE OUTDOOR SEATING AND, UM, THE PRO, YOUR PROPOSED NEW INTERIOR AND SEATING WOULD BE OFF TO THE LEFT SIDE OF THE BUILDING? YES, SIR.
AND THEN I THINK THAT LAST PAGE WAS JUST THE
UM, WAS THERE, COULD YOU TELL US ABOUT, UM, SINCE IT IS A VARIANCE, THERE'S, THERE'S SEVERAL, UH, CONDITIONS THAT YOUR APPLICATION HAS TO MEET.
WOULD, WOULD YOU BE ABLE TO KIND OF CLARIFY SOME OF THOSE? UM, YES.
SO YOU WANT, YOU, YOU WANNA ASK ME THE, UM, QUESTIONS SO I CAN ANSWER? SURE, SURE.
UM, SO, UH, LITTLE, UH, ITEM A A LITTLE ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE WOULD INVOLVE A SUBSTANTIAL HARDSHIP, FINANCIAL, OR OTHERWISE, TO THE PETITIONER OR APPELLANT FOR THE FOLLOWING REASONS.
AND WHAT WOULD THOSE, WHAT'S SOME, WHAT ARE SOME OF THE REASONS FOR THAT? UM, SO YES, UH, BUSINESS, UH, BEEN A LITTLE BIT SLOW AND BE HOPING TO HAVE MORE GUESTS.
UM, ESPECIALLY IN THE, IN THE WINTER TIME, WE, WE GET INTO LIKE A, UM, HUGE HIT.
AND ESPECIALLY THE, THIS YEAR, THE, THE WINTER WAS LIKE VERY, LIKE A SEVERE WEATHER, SO WE TRYING TO GETTING MORE PEOPLE SITTING INSIDE MM-HMM
SO WE ARE JUST TRYING TO ADD A LITTLE BIT MORE BUSINESS SO WE CAN, UM, PAY PEOPLE A LITTLE BIT MORE EASIER AND PAY, PAY OUR RENT A LITTLE BIT EASIER.
SO THAT'S THE, UM, THAT'S THE, UM, THE REASON WE WANTED TO DO THIS.
UM, ITEM B, UH, THE HARDSHIP IS OWING TO THE FOLLOWING CIRCUMSTANCES RELATING TO THE SOIL CONDITION, SHAPE, OR TOPOGRAPHY OF SUCH LAND OR STRUCTURES, AND ESPECIALLY AFFECTING SUCH LAND OR STRUCTURES, BUT NOT AFFECTING GENERALLY THE ZONING DISTRICT IN WHICH IT IS LOCATED FOR THE FOLLOWING REASONS.
SO, AS FAR AS I UNDERSTAND IT, UH, IT SAYS, SO WE DON'T BE, WE DON'T HAVE TO BE HARMFUL FOR ENVIRONMENT, RIGHT? IS THAT THE MAIN THING, OR, I DID IT, I DID, UH, GET IT WRONG.
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IT, I THINK THIS IS ABOUT, UM, UH, THE TYPE OF PHYSICAL HARDSHIP, UH, THAT YOU'RE, YOU'RE HAVING, YOU'RE DEALING WITH THAT MAKE TO JUSTIFY THE VARIANCE, I THINK, IN YOUR, UM, PHYSICAL SPACE.SORRY, IN TERMS OF, HI, THIS IS SARAH.
UM, THE PHYSICAL MEANS THE PHYSICAL SPACE, UM, MM-HMM
I'M JUST LOOKING FOR YOUR, UH, SUMMARY AND YOUR MR CHAIR.
SO I BELIEVE, UM, IN YOUR APPLICATION, UH, YOU STATED THE EXISTING STRUCTURE WAS BUILT PRIOR TO CURRENT ZONING REQUIREMENTS, LAYOUT OF THE BUILDING, INCLUDING THE RESTROOM, LOCATION, AND INTERIOR FLOOR PLAN LIMITS THE ABILITY TO COMPLY STRICTLY WITH CURRENT ZONING PROVISIONS WITHOUT HARDSHIP.
AND IT'S UNIQUE TO THE PROPERTY.
UM, THE THIRD ITEM WAS, UH, DESIRABLE RELIEF MAY BE GRANTED WITHOUT EITHER ONE.
DESIRABLE RELIEF MAY BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC.
GOOD FOR THE FOLLOWING REASONS.
UM, YOUR, YOUR APPLICATION STATES THERE'S, UH, NO STRUCTURAL EXPANSION OR CHANGES TO THE EXISTING BUILDING.
AND THEN NUMBER TWO, DESIRABLE RELIEF MAY BE GRANTED WITHOUT NULLIFYING OR SUBSTANTIALLY DEGRADATING FROM THE INTENT OR PURPOSE OF THIS ORDINANCE FOR THE FOLLOWING REASONS.
UH, YOUR, UH, YOUR COMMENT WAS, UH, NOT CHANGING THE FOOTPRINT OF THE BUILDING USE REMAINS COMPATIBLE WITH THE NEIGHBORHOOD AND CONSISTENT WITH NEARBY USES.
SO THOSE WERE EXACTLY THE CONDITIONS.
SO I THINK THAT IS THE KIND OF THE APPLICATION PRESENTATION THERE.
AND, UM, I'LL OPEN IT UP TO FELLOW BOARD MEMBERS QUESTIONS OR COMMENTS? UM, NO COMMENTS FROM THE BOARD MEMBERS.
ALL RIGHT, MR. CHAIR? OH, YEAH, SURE, WENDY.
UM, JUST SO I'M CLEAR, SO, UM, THE TWO, UH, PIECES OF RELIEF THAT ARE SOUGHT IS TO EXTEND THE, UH, WHAT CURRENTLY YOU HAVE ALREADY A VARIANCE TO OPERATE UNTIL 9:00 PM ON FRIDAYS, SATURDAYS AND SUNDAYS, AND YOU'RE ASKING TO EXTEND THAT BY ONE HOUR TO 10:00 PM IS THAT CORRECT? YES.
THAT WHERE, UH, THAT WAS WE ARE HOPING FOR.
AND THEN THE OTHER RELIEF THAT YOU'RE SEEKING IS TO ADD INDOOR SEATING, IS THAT CORRECT? YES, MA'AM.
AND CURRENTLY YOU HAVE NO INDOOR SEATING? NO.
UM, AND YOU HAVE, UM, I ASSUME THE BUILDING PERMIT THAT YOU WOULD NEED WOULD, UH, DETERMINE THE OCCUPANCY THAT IS ALLOWED, UH, UNDER THE BUILDING CODE.
SO THE ONLY RELIEF IS TO CHANGE FROM NOT HAVING AN INDOOR SEATING AREA TO, ALRIGHT, THANK YOU.
I JUST WANTED TO CLARIFY THAT.
AND THEN, UH, I JUST HAD ONE QUESTION ALSO ABOUT THE HOURS.
I KNOW THE PREVIOUS VARIANCE THAT WAS APPROVED, UM, HAD THE HOURS UP TILL 9:00 PM WAS, IS THERE ANY SPECIFIC REASON WHY THE ADDITIONAL HOUR IS NEEDED? UM, YES.
SO, UH, WHAT WE WERE HOPING, WE WERE HOPING TO GET, UH, WINE AND BEER PERMIT, SO WE CAN OPERATE TILL 10:00 PM UM, ESPECIALLY THAT'S GONNA HELP THE BUSINESS SO WE CAN RUN THE BUSINESS A LITTLE BIT SMOOTHER.
AND, UH, WE WERE TALKING WITH OUR, LIKE A COMMUNITY THAT WE HAVE AND THE CUSTOMER AND EVERYBODY WAS SUPER HAPPY
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TO HAVE THAT, LIKE A HUB SO THEY CAN COME AND HANG AND JUST, UM, HAVE SUCH, SUCH A THING IN THAT, IN THAT NEIGHBORHOOD, YOU KNOW? YEAH.RIGHT NOW WE ARE, UM, WE ARE WORKING, WE ARE OPEN UNTIL FOUR YES.
SO WE'RE HOPING TO ADD ANOTHER SHIFT, UH, FOR DINNER, HOPEFULLY.
UM, AND THAT 10 O'CLOCK WOULD KIND OF, UM, HELP US, YOU KNOW, TO, UM, BE OPEN, UM, TO THE PUBLIC.
UM, ANY OTHER QUESTIONS? FELLOW BOARD MEMBERS? NO.
SEEING NONE, UH, WE'LL MOVE TO, UH, PUBLIC COMMENT.
UH, I DON'T BELIEVE THERE'S ANY CORRESPONDENCE IN THE FILE.
UH, SO WE'LL, UH, SEE ONLINE, ANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK SHOULD NOW CLICK THE ICON AT THE BOTTOM OF YOUR ZOOM SCREEN THAT SAYS, RAISE HAND.
IF YOU'RE CALLING IN BY PHONE, YOU CAN RAISE YOUR HAND BY PRESSING STAR NINE AND UNMUTE OR MUTE BY PRESSING STAR SIX.
I'LL NOW ASK STAFF TO UNMUTE THE SPEAKERS ONE AT A TIME.
YOU SHOULD BEGIN BY SAYING YOUR NAME AND ADDRESS AND STAFF WILL CONFIRM WHAT WE CAN, THAT WE CAN HEAR YOU.
AFTER THAT YOU WILL HANG UP, HAVE UP TO TWO MINUTES TO SPEAK BEFORE I ASK YOU TO WRAP UP.
I LIVE AT EIGHT CORPORATE BURNS ROAD, WHICH IS RIGHT ACROSS THE STREET FROM THE BAKERY, AND WE HAVE ABSOLUTELY NO PROBLEM WITH THE REQUESTED VARIANCE, UH, WITH THE ADDITIONAL SEATING AND THE HOURS.
IT, THE, THE BAKERY IS A WONDERFUL, WONDERFUL NEIGHBOR OF OURS, AND WE, UH, WE WERE, WE'LL BE GLAD TO HAVE THEM, UH, MAKE THESE CHANGES.
SO THAT, THAT'S ALL I HAVE TO SAY.
THANK YOU, MS. BAKER, RENEE, HELEN BRECK.
I LIVE AT 28 CORPORAL BURNS ROAD.
I ASSUME YOU CAN HEAR ME? YES.
UM, SO I AM A HUGE SUPPORTER OF SAHE AND SARAH.
UM, I'M HAPPY TO SEE THE VIBRANCY IN LIFE IN OUR NEIGHBORHOOD AND ON OUR STREET, AND I WOULD BE ABSOLUTELY THRILLED IF THEY COULD HAVE INDOOR SEATING AND LONGER HOURS.
THANK YOU, MRS. HOW MS. RECH? MARK DONAHUE.
I'M A HOMEOWNER AT 28 CORPORAL BURNS ROAD.
JUST WANNA SPEAK IN SUPPORT OF THE VARIANCE AGAIN.
SARAH HAS BEEN AMAZING NEIGHBORS, AND IT'S BEEN, UH, A REAL GEM TO HAVE THAT BUSINESS AND THAT, UH, THAT HUB TO THE COMMUNITY THERE.
SO, UH, TO BOTH THE, THE SEATING DOWN THE HOURS, UM, NO COMPLIANCE.
THEY'RE WONDERFUL NEIGHBORS, AND WE'D LOVE TO SEE IT.
UM, SO, UH, I, ANY, UH, DISCUSSION AMONG BOARD MEMBERS? NO.
I WAS ALMOST, UH, LET'S SEE, HOLD ON.
JUST GOTTA GET ORGANIZED HERE.
THE CHAIR MAKES A MOTION TO GRANT RELIEF FROM THE REQUIREMENTS OF THE ORDINANCE UNDER SECTIONS.
UH, ARTICLE FOUR, SECTION 4.35, UH, ARTICLE 11, SECTION 11.30.
UH, ARTICLE 10, SECTION 10.3, UH, FOR VARIANCE, UH, AND, UH, TO THE SHOW, THE CONDITIONS TO BE MET FOR THE VARIANCE.
A A LITERAL ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE WOULD INVOLVE A SUBSTANTIAL HARDSHIP, FINANCIAL, OR OTHERWISE, TO THE PETITIONER OR APPELLANT FOR THE FOLLOWING REASONS.
A PETITIONER OPERATES IN SPACE THAT HAS EXISTING RESTROOM AND PREVIOUSLY APPROVED FOOD SERVICE.
CURRENT ZONING RESTRICTS ABILITY TO PROVIDE CUSTOMER SEATING AND EXTENDED HOURS OF OPERATION, UH, WITHOUT VARIANCE, UH, IT WOULD CREATE A FINANCIAL HARDSHIP FOR THE NEIGHBORHOOD.
[00:45:01]
HARDSHIP IS OWING TO THE FOLLOWING CIRCUMSTANCES RELATING TO THE SOIL CONDITIONS SHAPE, OR TO TOPOGRAPHY OF SUCH LAND OR STRUCTURES, AND ESPECIALLY AFFECTING SUCH LAND OR STRUCTURES, BUT NOT AFFECTING GENERALLY THE ZONING DISTRICT IN WHICH IT IS LOCATED FOR THE FOLLOWING REASONS.UH, BUSINESS IS LOCATED IN AN EXISTING STRUCTURE BUILT PRIOR TO CURRENT ZONING, UH, EXISTING LAYOUT LIMITS, ABILITY TO COMPLY STRICTLY WITH CURRENT ZONING PROVISIONS WITHOUT HARDSHIP.
THESE PHYSICAL CONDITIONS ARE UNIQUE TO THIS PROPERTY.
UH, ITEM C, DESIRABLE RELIEF MAY BE GRANTED WITHOUT EITHER A DESIRABLE RELIEF, MAY BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD FOR THE FOLLOWING REASONS, UH, THE VARIANCE WILL NOT CREATE DETRIMENT TO THE PUBLIC GOOD.
UH, NO EXPANSION OF EXISTING, UH, STRUCTURE IS PROPOSED AND HOURS ARE CONSISTENT WITH SIMILAR CAFES IN THE AREA.
UH, B DESIRABLE RELIEF MAY BE GRANTED WITHOUT NULLIFYING OR SUBSTANTIALLY DEGRADATING FROM THE INTENT OR PURPOSE OF THIS ORDINANCE FOR THE FOLLOWING REASONS.
UM, THE VARIANT SUPPORTS AN EXISTING SMALL BUSINESS WITHOUT CHANGING THE FOOTPRINT OF THE BUILDING.
UH, USE REMAINS COMPATIBLE WITH THE NEIGHBORHOOD AND CONSISTENT WITH NEARBY USES.
SO BY THAT FINDING, THEY MEET THE CRITERIA UNDER SECTION 10.304 VARIANCE, AND ON THE CONDITION THAT THE WORK PROPOSED CONFORMED TO THE DRAWING SET INCLUDED INTO THE, IN THE APPLICATION PACKAGE, WHICH INCLUDES THE FOLLOWING DOCUMENTS, A SKETCH BY PETITIONER OF PROPOSED INDOOR SEATING AND EXISTING OUTDOOR SEATING AND PARKING.
UM, AND SITE SURVEY, EXISTING BUILDING 4 0 7 TO 4 0 8 CONCORD AVE, CAMBRIDGE MASS DATED AUGUST 5TH, 2018 OF PHOTO PHOTOGRAPH OF EX EXISTING EXTERIOR VIEW.
AND, UH, RECEIPT OF RECORDED BZA 2 5 5 3 9 0 BZA DECISION BOOK 1 1 3 4 2 PAGE 6 92, RECORDED ON MARCH 13TH, 2026.
UH, AND FURTHER, WE INCORPORATE THE SUPPORTING STATEMENTS AND DI DIMENSIONAL FORMS SUBMITTED AS PART OF THE APPLICATION WOULD ALSO, UH, LIKE TO ADD CONDITIONS, UH OH, NO, NO CONDITIONS NECESSARY THIS EVENING.
SO ON A VOICE VOTE, UH, MEMBERS, UH, PLEASE, WENDY, WENDY LEISER IN FAVOR AND CONCURRING WITH THOSE REASONS FOR ISSUING THE VARIANCE.
UH, JIM, JIM VERTI IN FAVOR, VIRGINIA.
CECIL IN FAVOR, AND STEVEN ING IN FAVOR, VOTE IS FIVE TO ZERO IN FAVOR AND THE APPLICATION PASSES.
THANK YOU EVERYBODY FOR THE TIME AND EVERYTHING FOR THE SUPPORT.
ALRIGHT, AT THIS TIME IS 6 49, AND, UM, WE CAN MOVE ON TO OUR FINAL I ITEM ON THIS EVENING'S AGENDA FOR 6 45.
UM, I'D ALSO, UH, I GUESS, UH, CASE NUMBER BZA 1 2 0 2 8 7 1, UH, 10 GARDEN STREET, UH, PRESIDENT AND FELLOWS OF HARVARD COLLEGE, UH, CARE OF GABRIEL RAMOS, UH, SENIOR CAMPUS PLANNER, UH, SEEKING, UH, VARIANCE TO INSTALL TWO WALL SIGNS TO FAY HOUSE THAT EXCEEDS THE ALLOWABLE AMOUNT OF SIGNS CONFORMING TO THIS ZONING DISTRICT.
UM, CITING ARTICLE SEVEN, SECTION 7.1, 6.21 POINT B, SECTION 7 16 22 C FOR WALL SIGNS.
AND ARTICLE 10 SECTION 10.30 VARIANCE.
UM, AND IT'S THIS TIME I'D LIKE TO JUST NOTE, UH, DISCLOSURE OF CONFLICT OF INTEREST.
UH, MY EMPLOYER DOES, UH, UH, PROVIDE PRO PROJECT MANAGEMENT SERVICES, UH, TO THE HARVARD UNIVER, UH, GRADUATE, UH, HOUSING.
AND, UM, I AM NOT ON THAT PARTICULAR, UH, UH, PROJECT AND JUST WANTED TO SHARE THAT WITH THE BOARD.
IF THERE'S ANY, UM, CONCERNS ABOUT THAT, I'D BE HAPPY TO, TO RECUSE MYSELF.
MR. TARA, I HAVE NO OBJECTIONS.
UM, AND SO, UH, THANK YOU EVERYONE.
AND SO WE CAN MOVE ON TO THE PRESENTATION IS, UH, THERE'S SOMEONE ONLINE TO REPRESENT, UH, THE APPLICANT.
[00:50:02]
HI, YES, GOOD EVENING EVERYONE.I AM A SENIOR CAMPUS PLANNER, UM, AT HARVARD UNIVERSITY PLANNING AND DESIGN, REPRESENTING THE PRESIDENT AND FELLOWS OF HARVARD COLLEGE.
I'M JOINED BY MY COLLEAGUE MATT BROWNWELL OF THE RADCLIFFE INSTITUTE, THE AREA, UM, OF CONVERSATION TONIGHT.
UM, SO WE'RE HERE TONIGHT, UM, TO ASK FOR A VARIANCE FOR 10 GARDEN STREET, ALSO KNOWN AS FAY HOUSE.
UM, AS YOU CAN SEE HERE ON THE SLIDE, IT IS BUILDING NUMBER NINE, UM, AND WE'RE ASKING FOR TWO WALL EXTERNAL WALL SIGNS TO BE, UM, PLACED ON FAY HOUSE, UM, TO PROVIDE IDENTIFICATION AND, UM, YOU KNOW, BUILDING IDENTIFY IDENTIFICATION AND WAYFINDING FOR THAT PARTICULAR BUILDING, KNOWING THAT THERE IS NO EXISTING, UM, BUILDING IDENTIFICATION WALL SIGNAGE ON IT TODAY.
UM, SO THE GOAL HERE IS TO GET SIGNS ON FAY HOUSE SO THAT FOLKS KNOW WHERE TO GO WHEN THEY'RE ON THE RADCLIFFE YARD LOOKING FOR FA HOUSE.
UM, AS YOU CAN SEE THOUGH, THERE ARE MANY BUILDINGS, UM, THAT ARE PART OF RADCLIFFE'S CAMPUS, AND WE'RE MINDFUL THAT THE EXISTING ZONING TODAY, UM, LIMITS THE OVERALL QUANTITY OF SIGNS ON THE RADCLIFFE CAMPUS, UM, ON A RATIO OF TWO PER BUILDING.
UM, BUT IN ADDITION TO THE OVERALL SIGNAGE THAT EXISTS, UM, EXTENDING TO, UM, PARKING, SIGNAGE, UM, YOU KNOW, IDENTIFICATION SIGNAGE, FREESTANDING SIGNAGE THAT EXISTS OFF OF BUILDINGS IN THE PUBLIC WAY.
AND SO IN TOTAL, WHEN YOU LOOK AT THE AGGREGATE SIGNAGE THAT EXISTS ON, ON RADCLIFFE YARD, UM, YOU KNOW, WE EXCEED WHAT IS, UH, MAXIMALLY ALLOWED BY THIS ZONING.
HOWEVER, UM, WE'RE MAKING THIS CASE FOR THIS VARIANCE SPECIFICALLY FOR FAY HOUSE, UM, AS IT DOESN'T HAVE ANY EXISTING SIGNAGE TODAY.
UM, AND SO IN THE INTEREST OF, UM, PROVIDING, YOU KNOW, A VERY SAFE AND NAVIGABLE ENVIRONMENT, WE WANT TO ENSURE THAT PEOPLE ARE ABLE TO FIND WAY HOUSE WHEN THEY'RE LOOKING FOR IT, BUT ALSO HELP RESIDENTS IN THE, IN THE SURROUNDING NEIGHBORHOOD UNDERSTAND THAT FAY HOUSE IS PART OF RADCLIFFE AND IT SHOULDN'T BE CONFUSED WITH THE RESIDENTIAL FABRIC THAT SURROUNDS IT.
WE WANT TO ENSURE THAT STUDENTS KNOW WHERE RADCLIFFE IS AND AREN'T CONFUSED WALKING INTO THE SURROUNDING CONTEXT.
AND SO REALLY DOUBLING DOWN HERE ON THE IMPORTANCE OF GOOD WAY FINDING SIGNAGE, UM, AND REALLY MAKING THE CASE HERE THAT FAY HOUSE IS A KEY AREA, UM, FOR RADCLIFFE.
UM, MATT CAN SPEAK TO THAT A LITTLE BIT MORE IN ADDITION TO SOME OF THE EXPERIENCES THEY'VE BEEN HAVING AROUND WAYFINDING AND SIGNAGE, UM, AT RADCLIFFE TODAY.
SO I'LL, I'LL HAND IT OVER TO MATT SO HE CAN SHARE A LITTLE BIT ABOUT HIS EXPERIENCES, UM, WITH WAYFINDING, UM, AT RADCLIFFE.
YEAH, AS GABRIEL MENTIONED, THE WHOLE COLLECTION OF BUILDINGS HERE ON THE CAMPUS HAVE SIGNS, UH, SOME FRONT BACK.
UH, THERE'S SOME AROUND THE, THE WALLS TOO, UH, BUT IT'S AN INTERESTING SITUATION BECAUSE, UM, AS YOU GET IN THERE FROM THE OUTSIDE, FAYE IS THE ONLY ONE THAT DOESN'T HAVE ANOTHER SIGN TELLING YOU THIS IS WHERE IT IS.
EVERYTHING ELSE HAS A PRETTY UNIFORM CONSISTENT BUILDING SIGNAGE THAT IDENTIFIES THE BUILDING.
AND, UM, I, I'M SURE GABRIEL WILL GET INTO THIS, BUT WE ARE, WE'RE IN THE PROCESS OF UPDATING ALL OF THOSE SIGNS SO THAT IT WILL ALSO STATE THE ADDRESS.
AND IT'S JUST REALLY CONFUSING FOR FAYE RIGHT NOW BECAUSE WE HAVE, UM, 10 GARDEN STREET, WHICH IS ITS ADDRESS ON THE OUTSIDE WALL TO TELL YOU YOU'VE ARRIVED TO CAMPUS, BUT THEN WHEN YOU GET IN THERE, THE ACTUAL 10 GARDEN STREET, YOU DON'T KNOW WHERE THAT IS.
AND WE HAVE PEOPLE THAT ARE TRYING TO MAKE DELIVERIES THERE ALL THE TIME THAT DON'T KNOW WHERE IT IS.
WE HAVE STUDENTS THAT USE THIS BUILDING, UH, THERE'S A STUDENT LOUNGE THERE ON THE FIRST FLOOR THAT'S POPULAR.
AND WE ALSO HAVE, UH, MID-SIZE EVENTS THAT ARE SCHEDULED IN THE SHEAR ROOM THERE, UH, WHICH WE, UH, ROUTINELY HAVE.
AND IT JUST, IT, IT WOULD BE VERY HELPFUL TO, TO HAVE
IF YOU GO TO THE NEXT SLIDE, UM, NUMBER.
I'M, I'M, I'M SORRY, IT'S NUMBER THREE, THE SLIDE AFTER THAT.
UM, THIS GIVES YOU A SENSE AS TO WHERE THE SIGN WILL BE GOING ON FA HOUSE.
UM, THE, SO THIS IS ONE SIGN, UM, BUT IN TWO LOCATIONS.
UM, SO ON THE RIGHT SIDE OF THIS SLIDE, YOU CAN SEE, UM, WHAT THE SIGN WILL LOOK LIKE, UM, UH, MOCKED UP THERE IN THAT KIND OF BEIGE CREAM COLOR.
UM, AGAIN, FAY HOUSE WITH THE ADDRESS, AND THEN THE LOGO OF RADCLIFFE INSTITUTE IN THE LOWER RIGHT HAND CORNER.
AND THAT WILL BE GOING WHERE YOU CAN SEE THOSE RED BOXES, UM, ON FAY HOUSE ITSELF.
AND SO THAT'S, UM, SOME ADDITIONAL CONTEXT, AND THIS IS JUST ANOTHER SLIDE, UM, TO
[00:55:01]
KIND OF CONVEY THAT.AND SO JUST A, A LITTLE BIT MORE DETAIL, IF YOU GO TO SLIDE TWO, SORRY FOR, UM, JUMPING AROUND A LITTLE BIT.
UM, THESE WILL BE PAINTED, UH, ACRYLIC PANEL, UM, GRAPHICS, UH, AROUND 13 BY 20 INCHES.
UM, AND THAT, I BELIEVE IT IS THE OVERALL GIST OF THE APPLICATION ITSELF.
UM, JUST FOR SOME ADDITIONAL CONTEXT, WE HAVE, UM, SCREENED THIS BY CHC, UM, AND THEY HAVE ESSENTIALLY APPROVED THIS.
UM, IF WE ARE ABLE TO GO AHEAD AND GET THE VARIANCES, UM, WE WOULD BE ABLE TO PUT THESE SIGNS UP, UM, IN ACCORDANCE WITH THEIR GUIDANCE REGARDING, UH, THE HISTORIC PRESERVATION AND, AND MAKING SURE THAT SIGNS ARE IN LINE WITH THAT AESTHETIC.
AND WITH THAT, WE'LL ANSWER ANY QUESTIONS THAT YOU HAVE.
UM, I THINK, UH, FIRSTLY, UH, IN REGARDS TO THE VARIANCE REQUEST, IF WE COULD KINDA RUN THROUGH, UH, THE, THE SUPPORTING STATEMENT.
UM, SO FOR US, YOU KNOW, WE'RE, WE'RE UNDERSTANDING THE LITERAL INTERPRETATION OF OUR ZONING OVERLAY OR THE, OR THE, THE ZONING THAT IS SURROUNDING 10 GARDEN STREET TO REALLY BE DIFFICULT FOR RADCLIFFE, SPECIFICALLY IN THE INSTANCE OF PROVIDING THAT SAFE NAVIGABLE ENVIRONMENT FOR ITS VISITORS, AS WELL AS THE RESIDENTS AND NON-CAMPUS AFFILIATES THAT SURROUND IT.
UM, A LITERAL INTERPRETATION WOULD LEAVE FAY HOUSE, UM, WITHOUT THE ADEQUATE SIGNAGE THAT IT WOULD NEED FOR UNIVERSITY AFFILIATES, NON-AFFILIATES, TO KNOW WHERE THIS BUILDING FALLS INTO THE OVERALL FABRIC, UM, OF THE RADCLIFFE CAMPUS.
UM, AND SO THAT'S A KEY PART HERE IS ENSURING THAT FOLKS KNOW WHERE THEY'RE GOING, UM, AND THAT THERE IS NO CONFUSION, UM, REGARDING, UH, DESTINATIONS AND THINGS OF THAT NATURE.
AS MATT HAD MENTIONED, THE VARIOUS PROGRAMMATIC ELEMENTS THAT TAKE PLACE IN AND AROUND RADCLIFFE.
UM, THE SECOND CATEGORY, UH, YOU KNOW, RELATING TO THE HARDSHIP, UM, IS REALLY UNDERSTANDING THAT, YOU KNOW, IT'S A MULTI-BUILDING EDUCATIONAL CAMPUS.
UM, AND THE CORE ACTIVITIES ARE CONTAINED WITHIN, YOU KNOW, A, A CITY BLOCK.
UH, AND THE SIGNAGE HERE IS IMPORTANT JUST TO REALLY HELP DIFFERENTIATE, YOU KNOW, WHERE THE CAMPUS ENDS AND WHERE THE CAMPUS BEGINS.
UM, SO REALLY UNDERSCORING THAT THIS IS REALLY ABOUT ENSURING THAT FAY HOUSE CAN FIT WITHIN THE OVERALL CAMPUS WAY FINDING SYSTEM SO THAT WHEN PEOPLE SEE A GAP, IT'S NOT A QUESTION OF IS THIS BUILDING PART OF THE CAMPUS OR NOT.
SO AGAIN, REALLY ENSURING THAT IT'S A PUBLIC SAFETY PERSPECTIVE, THAT FOLKS ARE ABLE TO GET AROUND IN THE WAY THAT THEY NEED TO.
UM, AS WELL AS THINKING ABOUT SORT OF THE ULTIMATE OUTCOMES OF, YOU KNOW, BEING MINDFUL OF THE PUBLIC GOOD HERE.
I THINK WE'RE MINDFUL THAT IT'S A RESIDENTIAL ENVIRONMENT THAT SURROUNDS THE CAMPUS, BUT WE, AGAIN, WE WANT TO ENSURE THAT WITH WAY FINDING, UM, WE'RE ABLE TO PROMOTE A, A, YOU KNOW, CLEAR WAY OF WHICH PEOPLE CAN NAVIGATE THE CAMPUS AND OR, UH, YOU KNOW, IF ANYTHING IS S SUPPOSED TO, IF ANYTHING HAPPENS, UNFORTUNATELY, UM, YOU KNOW, PEOPLE NEED TO BE ABLE TO, UH, IDENTIFY THE ADDRESS AND THE LOCATIONS, CERTAIN THINGS AS WELL.
SO IT'S JUST REALLY IMPORTANT THAT FOLKS KNOW, UM, WHERE THIS BUILDING IS ON CAMPUS, UM, AS THEY'RE IN THE OVERALL ENVIRONMENT.
UH, ANY OTHER COMMENTS OR QUESTIONS FROM FELLOW BOARD MEMBERS? NO.
UH, HEARING NONE, UH, WE WILL MOVE TO, UH, PUBLIC COMMENT.
UH, I DON'T BELIEVE WE HAVE ANYTHING IN THE FILE FROM, UH, RESIDENTS OR NEIGHBORS.
THERE IS A CAMBRIDGE HISTORICAL COMMISSION, UM, MEMO, WHICH, UM, IT DOES, UH, WITH WHAT WAS FILED.
THE WORK DESCRIBED BELOW DOES NOT INVOLVE ANY ACTIVITY REQUIRING ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS OR HARDSHIP.
SO THAT'S, UH, WE HAVE THAT IN THE FILE.
UH, AND SO WE'LL CHECK ANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK.
SHOULD NOW CLICK THE ICON AT THE BOTTOM OF YOUR ZOOM SCREEN THAT SAYS RAISE HAND.
IF YOU'RE CALLING IN BY PHONE, YOU CAN RAISE YOUR HAND BY PRESSING STAR NINE AND UNMUTE OR MUTE BY PRESSING STAR SIX.
I'LL NOW ASK STAFF TO UNMUTE THE SPEAKERS ONE AT A TIME.
YOU SHOULD BEGIN BY SAYING YOUR NAME AND ADDRESS, AND STAFF WILL CONFIRM THAT WE CAN HEAR YOU AFTER THAT.
UH, YOU'LL HAVE, UH, APPROXIMATELY TWO MINUTES TO SPEAK BEFORE I ASK YOU TO WRAP UP.
OH, WE HAVE, UH, SEEING NONE ONLINE,
[01:00:01]
UH, FOR PUBLIC COMMENT.UH, WE WILL, UH, MOVE TO BOARD MEMBER, UH, DISCUSSION.
ANY THOUGHTS? COMMENTS? READY FOR A MOTION? READY FOR A MOTION? ALRIGHT.
UM, UH, THE CHAIR MAKES A MOTION TO GRANT RELIEF FROM THE REQUIREMENTS OF THE ORDINANCE UNDER SECTION 7.1, 16.21 POINT B, UH, AND SECTION 7.6 0.22 POINT C FOR WALL SIGNS AND SECTIONS 10.30 FOR VARIANCE.
UM, UH, THE CONDITIONS TO BE MET FOR VARIANCE, A A LITERAL ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE WOULD INVOLVE A SUBSTANTIAL HARDSHIP, FINANCIAL, OR OTHERWISE TO THE PETITIONER OR APPELLANT FOR THE FOLLOWING REASONS.
UH, A LITERAL ENFORCEMENT OF SECTION 7.16 WOULD PERMIT A MAXIMUM OF TWO SIGNS PER BUILDING AND LIMIT FREESTANDING SIGNS TO A HEIGHT OF FOUR FEET PLACED AT HALF THE DEPTH OF THE REQUIRED FRONT YARD.
THIS RESTRICTION WOULD PREVENT HARVARD FROM ADEQUATELY IDENTIFYING THE ITS CAMPUS AT KEY PUBLIC FACING ENTRY POINTS.
THE TWO PROPOSED SIGNS WOULD BE INSTALLED ON FAY HOUSE, A BUILDING THAT CURRENTLY HAS NO EXTERIOR WALL SIGNAGE.
A STRICT APPLICATION OF SECTION 7.16 WOULD PROHIBIT ANY WALL SIGNAGE ON THAT BUILDING, CREATING CONFUSION FOR VISITORS ATTEMPTING TO LOCATE, LOCATE IT.
UH, ITEM B, THE HARDSHIP IS OWING TO THE FOLLOWING CIRCUMSTANCES RELATING TO SOIL CONDITION, SHAPE, OR TOPOGRAPHY OF SUCH LAND OR STRUCTURES, AND ESPECIALLY AFFECTING SUCH LAND OR STRUCTURES, BUT NOT AFFECTING GENERALLY THE ZONING DISTRICT IN WHICH IT IS LOCATED FOR THE FOLLOWING REASONS.
UH, GIVEN THE PHYSICAL CHARACTERISTICS OF THIS MULTI-BUILDING CAMPUS, ADDITIONAL SIGNAGE IS NECESSARY TO IDENTIFY KEY ACCESS POINTS AND SUPPORT VISITOR WAY.
FINDING THE NEED FOR GREATER FLEXIBILITY IN PERMITTED SIGNAGE FOR NON-RESIDENTIAL USES IN RESIDENTIAL C TWO ZONING DISTRICT IS A DIRECT RESULT OF THE UNIQUE DEMANDS OF A MULTI-BUILDING EDUCATIONAL CAMPUS, AND IS NOT A NEED THAT WOULD TYPICALLY ARISE FOR OTHER USES WITHIN THE SAME ZONING DISTRICT.
UH, ITEM C DESIRABLE RELIEF MAY BE GRANTED WITHOUT EITHER, UH, SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD FOR THE FOLLOWING REASONS.
UH, REQUESTED VARIANCE IS NECESSARY, UH, TO ADDRESS THE NEED FOR CLEAR IDENTIFICATION AND WAY FINDING SIGNAGE THAT SUPPORTS A WELCOMING ENVIRONMENT FOR THE SIGNIFICANT NUMBER OF VISITORS WHO COME TO THE CAMPUS ON A REGULAR BASIS.
THE PROPOSED SIGNAGE WILL ALSO IMPROVE THE OVERALL APPEARANCE OF THE CAMPUS BY ESTABLISHING A CONSISTENT DESIGN AESTHETIC ALONG ITS PUBLIC FACING FRONTAGES.
FOR THESE REASONS, GRANTING THE VARIANCE WOULD NOT BE DETRIMENTAL TO THE PUBLIC GOOD.
ON THE CONTRARY, IT WOULD PROVIDE A PUBLIC BENEFIT FOR ALLOWING FOR EASY IDENTIFICATION OF FAY HOUSE.
UH, AND ITEM TWO, UH, DESIRABLE RELIEF MAY BE GRANTED WITHOUT NULLIFYING OR SUBSTANTIALLY DEGRADATING FROM THE INTENT OR PURPOSE OF THIS ORDINANCE.
FOR THE FOLLOWING REASONS, UH, THE REQUESTED VARIANCE WOULD ALLOW FOR ADEQUATE SIGNAGE TO BETTER IDENTIFY FA HOUSE FOR GUESTS AND VISITORS TO THE HARVARD RATCLIFFE INSTITUTE.
UH, THIS CON IS CONSISTENT WITH THIS, THE, THE RECOGNITION THAT THE PUBLIC INTEREST IS SERVED WHEN BUSINESSES AND INSTITUTIONS USE SIGNS TO IDENTIFY THEIR PREMISES AND THE PRODUCTS OR SERVICES THEY OFFER.
SO BY THAT FINDING, UH, WE BELIEVE, UH, THEY MEET THE CRITERIA UNDER SECTION 10.314 VARIANCE ON THE CONDITION THAT WORK PROPOSED CONFORMED TO THE DRAWING SET.
INCLUDED IN THE APPLICATION PACK PACKAGE ENTITLED HARVARD RADCLIFFE INSTITUTE CAMPUS SIGNAGE, PROPOSED UPDATES, UH, DATED MARCH, 2026, UH, WHICH IS A FIVE PAGE DOCUMENT SIGNED, CER SIGNED SIGN CERTIFICATION APPLICATION WITH COMMUNITY DEVELOPMENT DEPARTMENT DATED 3 11 20 26.
AND FURTHER THAT WE INCORPORATE THE SUPPORTING STATEMENTS AND DIMENSIONAL FORMS SUBMITTED AS PART OF THE APPLICATION ON A VOICE VOTE PLEASE.
BOARD MEMBERS, UH, MS. ERON, WENDY ERON IN FAVOR, MR. MONTEVERDE? KIM MONTEVERDI IN FAVOR, MS. KEESLER, VIRGINIA KEESLER IN FAVOR, UH, MS. CECIL MIRANDA.
CECIL IN FAVOR, AND STEVEN IN FAVOR, VOTE IS FIVE TO ZERO IN FAVOR AND THE APPLICATION PASSES.
AND, UH, THIS CONCLUDES OUR BUSINESS THIS EVENING.
[01:05:01]
MY FELLOW BOARD MEMBERS FOR THEIR ASSISTANCE AND PARTICIPATION.