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UH, WELCOME TO THE JULY 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 BCA MEETINGS.
GENERALLY, YOU'LL 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.
BRENDAN SULLIVAN, BRENDA SULLIVAN, PRESENT.
EZRA NASH, EZRA NASH, PRESENT, AND STEVEN ANG, STEVEN ING PRESENT, UH, FIRST UP, UH, UH, ON OUR SIX O'CLOCK, UH, AGENDA IS CASE NUMBER BZA 1 2 1 5 7 6 8 51 STERN STREET, UH, SEEKING A SPECIAL PERMIT TO ADD A REAR EDITION THAT MAINTAINS EXISTING NON-CONFORMITY SIDE SETBACK DIMENSIONS.
UM, I WAS INFORMED, UH, THE APPLICANT, UH, ROBERT FRANKENHEIMER HAS REQUESTED A CONTINUANCE.
UH, IS MR. FRANKENHEIMER, HE'S NOT ON, BUT, UH, HE DID, UH, ASK US FOR A CONTINUANCE.
UH, DO YOU HAVE A SPECIFIC DATE IN OCTOBER? SHOULD WE, WE COULD DO 15TH OF THE 29TH.
UH, SO FELLOW BOARD MEMBERS IS, UM, THE CASE, NOT HER.
SO I GUESS IT DOESN'T REALLY MATTER, UH, FOR THAT.
UH, LET ME MAKE A MOTION TO CONTINUE THIS MATTER TO OCTOBER 15TH, UH, 2026 ON THE CONDITION THAT THE PETITIONER CHANGED THE POSTING SIGN TO REFLECT THE NEW DATE AND THE NEW TIME OF 6:00 PM ALSO THAT THE PETITIONER SIGN A WAIVER TO THE STATUTORY REQUIREMENTS FOR THE HEARING.
THIS WAIVER CAN BE OBTAINED FROM MARIA PACHECO OR OLIVIA
I ASK THAT YOU SIGN THE WAIVER AND RETURN IT TO THE INSPECTION SERVICES DEPARTMENT BY A WEEK FROM THIS COMING MONDAY.
FAILURE TO DO SO WILL DEFACTO CAUSE THIS BOARD TO GIVE AN ADVERSE RULING ON THIS CASE.
ALSO, THAT IF THERE ARE ANY NEW SUBMITTALS, SUBMITTAL CHANGES TO THE DRAWINGS, DIMENSIONAL FORMS OR ANY SUPPORTING STATEMENT, THAT THOSE BE IN THE FILE BY 5:00 PM ON THE MONDAY PRIOR TO THE CONTINUED MEETING.
DATE ON THE MOTION TO CONTINUE THIS MATTER UNTIL OCTOBER 15TH, 2026.
A VOICE VOTE BY THE BOARD MEMBERS, PLEASE.
UH, BRENDAN SULLIVAN, APPROVE THE MOTION.
WENDY ESEN APPROVES VIRGINIA KEESLER.
AND STEPHEN ING IN FAVOR, UH, THE MOTION TO CONTINUE PASSES.
UH, OUR NEXT HEARING IS SCHEDULED FOR SIX 15, SO WE'LL JUST KIND OF MUTE OUR MICS UNTIL THAT TIME AND WE'LL CATCH UP IN A FEW MINUTES.
ALL RIGHT, EVERYONE, WELCOME BACK.
UH, NEXT UP IS OUR SIX 15, UH, ITEM OR APPLICATION, UH, CASE NUMBER BZA 1 2 1 5 7 1 5, UH, 63 MCGEE STREET, UH, FOR BERNARD, UH, FALI IN CARE OF, UH, DAVID PIAZZO, UH, SEEKING A SPECIAL PERMIT, UH, FOR A VERTICAL ADDITION TO AN EXISTING SINGLE FAMILY DWELLING, UH, CITING SECTIONS 5.30 TABLE OF DIMENSIONAL REQUIREMENTS, 8.2, TWO POINT C AND D NONCONFORMING STRUCTURE AND SECTION 10.40 FOR SPECIAL PERMIT, UH, AS ANYONE ON THE ONLINE, UH, TO PRESENT THIS APPLICATION.
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POLO.HELLO, DAVID? UH, YEAH, WOULD YOU WANNA MAKE YOUR, UH, PRESENTATION? UM, YEAH, I CAN EXPLAIN A LITTLE BIT.
UM, HOW GONNA BE THE, THE WORK.
SO THERE WE HAVE, UM, SINGLE FAMILY, AND WE ARE GONNA OPEN THE ROOF, ADD ONE MORE FLOOR IN THE HOUSE.
SO THEY'RE GONNA BE THE MASTER, UM, BEDROOM, MASTER BEDROOM, LIKE A MASTER SUITE ADDITION.
AND THEY'RE GONNA BE THE, THE PROJECT, YOU KNOW.
SO CAN YOU EXPLAIN TO US WHY, UH, YOUR APPLICATION IS REQUESTING A PARTICULAR SPECIAL, UH, A SPECIAL PERMIT? UM, I DON'T FEEL IS, IS A, UH, A SPECIAL PERMIT.
LIKE, I DON'T KNOW WHY IS A SPECIAL PERMIT BECAUSE THE NEIGHBOR HAVE A HOUSE.
THE SAME THING WE'RE GONNA DO, BUT THAT'S THE, THE, THE TYPE OF JOB WE, WE GONNA DO.
WE HAVE ALREADY HAVE THE DEMOLITION PERMIT APPROVED.
AND, UM, TO BE HONEST, I, I KNOW COME HERE PREPARED TO PRESENTATION SOMETHING.
I'M, I THINK I'M HERE JUST TO, TO WHAT, BUT, UM, IF YOU GUYS HAVE ANY QUESTION, I CAN EXPLAIN ANYTHING MORE IF YOU GUYS NEED.
I, I THINK THE ISSUE HERE THOUGH IS THAT YOU'RE, YOU ARE HERE THIS EVENING, UH, TO PRESENT YOUR APPLICATION TO THE BOARD, UH, TO, TO GET AN APPROVAL FOR A SPECIAL PERMIT.
AND IN THE SPECIAL PERMIT, THERE'S CRITERIA THAT YOU HAVE TO EXPLAIN HOW YOU'RE MEETING THESE FIVE, UM, CRITERIA.
AND I, I THINK IT'S IMPORTANT THAT WE HEAR THAT FROM THE APPLICANT OR A REPRESENTATIVE OF THAT APPLICANT.
UM, I'M NOT, YOU KNOW, I DON'T WANT TO BE THE ONE WHO HAS TO DO THIS FOR THE APPLICANT.
SO I DON'T KNOW IF, DID YOU, DID YOU FILL OUT THIS FORM FOR THE SPECIAL PERMIT THAT STATES THE CRITERIA AND THE REASONING BEHIND IT? UM, I DON'T FEEL ANY, UM, LIKE, UM, APPLICATION JUST DID THE, UM, PERMIT APPLICATION AND I DID EVERYTHING THEY REQUEST FROM ME.
BUT, UM, IF HE, I NEED TO PRESENTATION SOMETHING, PROBABLY I WILL NEED TO, TO RESCHEDULE BECAUSE IT NOW COME, UM, PREPARED TO PRESENTATION SOMETHING.
BUT, UM, BASICALLY THAT GONNA BE THE, THE PROJECT, YOU KNOW, LIKE ADD ONE MORE FLOOR IN THE, IN THE HOUSE
UM, WELL, I, I GUESS WE CAN SAY THAT'S THE, UH, PRESENTATION.
UM, I'LL ASK THE BOARD, UH, IF THEY HAVE ANY QUESTIONS OR THOUGHTS ABOUT KIND OF, YOU KNOW, MY CONCERNS ABOUT MM-HMM
UH, THIS PARTICULAR APPLICANT, UH, AND THE INFORMATION WE'RE EITHER NOT RECEIVING OR, SO ANY QUESTIONS FROM MY FELLOW BOARD MEMBERS HERE? HEY, EVENING, THIS IS WENDY.
UM, I THINK THE RECORD COULD SAY THAT, UM, THE PAPERS ARE, YOU KNOW, HE'S SAYING THAT THE PAPERS SPEAK FOR THEMSELVES, BUT IF THERE ARE QUESTIONS ON THE PAPERS THAT THE BOARD NEEDS TO ASK TO SATISFY THE CRITERIA WE NEED TO APPLY, THEN WE SHOULD ASK THAT.
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OKAY.I, I, I, WE COULD CERTAINLY DO THAT.
UH, FELLOW BOARD MEMBERS, UH, OKAY WITH THAT, WE JUST KIND OF INTERPRET WHAT WE'RE SEEING HERE IN THIS APPLICATION.
UH, THIS IS, UH, BRENDA SULLIVAN.
UM, MR. CHAIR, I THINK THAT IN READING THE, UM, SUPPORTING STATEMENTS FOR THE SPECIAL PERMIT, THAT THE LANGUAGE, UH, THEIR RESPONSE, UH, AND THEIR PLEADINGS SORT OF ADDRESSES THE ISSUES THAT THEY HAVE TO MEET, UM, THE REQUIREMENTS IN ORDER TO GRANT THE SPECIAL PERMIT MM-HMM
AND THEN ALSO THE REQUIREMENTS UNDER 8 2, 2 0.2 C AND D.
I THINK THAT THEY HAVE ALSO MET, UM, THAT, UH, BAR TO GRANT THE SPECIAL PERMIT, UM, AND FEEL FOR THE APPLICANT, UM, THE PERSON SPEAKING BECAUSE HE, UM, OBVIOUSLY PROBABLY SHOULD HAVE HAD A DRY RUN AND SOME COACHING ON IT FROM SOMEBODY WHO WAS, UM, FAMILIAR WITH ZONING.
UH, DAVID, UM, I THINK IF WE ACCEPT THE, UM, PAPERWORK, THAT'S WHEN HE SAYS PROBABLY.
THE ONLY QUESTION THAT I HAVE, AND IF, UM, OLIVIA, YOU COULD PULL UP THE DIMENSIONAL FORM, AND IF WE GO TO THE SETBACK AND FEET AND IT SAYS FRONT AND THERE'S A ZERO THERE, AND THEN WE GO DOWN TO THE LEFT SIDE AND THERE'S A ZERO THERE, ON THE RIGHT SIDE IS A ZERO AND REQUESTED CONDITION 0, 0 0, THERE REALLY NEEDS TO BE A NUMBER THERE.
UM, IF YOU GO TO THE CERTIFIED PLOT PLAN, THOSE NUMBERS ARE THERE, THEY SOMEHOW JUST DIDN'T GET IT ONTO THIS FORM.
I GUESS MY COMMENT WOULD BE THAT THE INFORMATION IS AVAILABLE, BUT IT REALLY SHOULD BE ON THIS FORM AS WELL AS ON THE CERTIFIED PLOT PLAN.
AND THAT SHOULD THIS PETITION BE APPROVED, THAT THE, UH, HOMEOWNER PETITIONER REALLY SHOULD FILL IN THAT DIMENSIONAL FORM COMPLETELY, AND THAT IT SHOULD BE SUBMITTED, CAN BE REALLY SUBMITTED WITHIN 30 SECONDS, HOWEVER, THAT IT SHOULD BE IN THE FILE, UM, BEFORE THE CHAIR SIGNS THE, UM, THE DOCUMENT, UH, FINAL DOCUMENT.
SO THAT WOULD BE MY ONLY COMMENT ON IT.
UNLESS THERE'S A REASON WHY THERE'S A ZERO THERE, BUT I DON'T THINK THERE IS A GOOD REASON WHY THERE'S A ZERO THERE.
AND, AND AGAIN, FOR SOME REASON, WHILE THE BOARD WILL, NEW BOARD WILL KNOW, I'M A VERY STICKLER ON THE PAPERWORK BECAUSE THESE ARE ALL LEGAL DOCUMENTS GOING FORWARD, NOT JUST FOR THIS PARTICULAR APPLICANT, BUT, UH, FOR FUTURE, UH, HOMEOWNERS.
AND, UH, YEAH, I, I'LL DEFINITELY MAKE THAT A CONDITION IN, IN THE MOTION, UH, THAT THE DIMENSIONAL FORM NEEDS TO BE UPDATED, UH, PRIOR TO KIND OF ANY, UH, YEAH, I DON'T THINK IT'S FATAL TO, UM, FOR THEM GOING FORWARD.
UM, YEAH, BECAUSE THE INCLUSION IS, BUT I, I THINK IT'S, IT NEEDS TO BE, UM, AND YEAH, COMPLETED.
UM, DO YOU THINK WE SHOULD, FOR, FOR THE RECORD THOUGH, UH, CALL OUT WHAT THOSE NUMBERS ARE TO CONFIRM THAT THAT IS INDEED WHAT THE SETBACKS ARE, YOU KNOW, UH, WHERE THOSE ZEROS ARE, BUT YOU SAID THE DATA IS ON THE FORMS, THE DESIGN PLANS? I MEAN, YEAH, IT'S, IT'S, YEAH.
IT'S, UH, THIS IS BRENDA SOLO.
UM, WENDY, IT'S ON THE CERTIFIED PLOT PLAN ANYHOW, RIGHT.
SO THEY JUST NEED TO BRING THOSE NUMBERS OVER.
IF THE CERTIFIED, IF THERE WAS CERTIFIED PLOT PLAN WITH ZERO
BUT I THINK THAT IT'S REALLY A CLERICAL THING, MORE SO INNOVATION.
I'M JUST SAYING, SHOULD WE CALL OUT WHAT THOSE NUMBERS ARE TO MAKE SURE THAT THE BOARD HAS TAKEN NOTICE OF THOSE? YEAH.
WELL, THE FRONT IS AT FIVE FOOT THREE.
IF, UH, THE CHAIR WANTS TO JUST PENCIL THIS IN, IF YOU CAN SEE IT ON THE, SO WE HAVE FIVE FOOT, I THINK THAT'S FIVE FOOT THREE THAT THE LEFT SIDE SHOWS AROUND TWO FOOT AT ONE POINT, AND IT NARROWS DOWN TO, UM, IT'S SORT OF TWO FOOT PLUS A MILE TO ONE FOOT NINE.
AND THEN ONE TAKE THE AVERAGE, I GUESS, AND THE RIGHT SIDE IS AT NINE FOOT SIX, AND THAT GOES UP TO NINE FOOT NINE.
SO THERE'S AN AVERAGE THERE, SO.
AND, UM, I BELIEVE THE DESIGN PROPOSED DOESN'T INCREASE THAT NON-CONFORMITY THERE.
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ANY OTHER, UH, QUESTION? CAN I, OLIVIA, CAN I CHANGE THAT DIMENSIONAL FORM? OKAY.SO WE'LL JUST, I'LL MAKE THOSE MODIFICATIONS TO THE DIMENSIONAL FORM.
UM, ANY OTHER QUESTIONS FROM FELLOW BOARD MEMBERS? ALL RIGHT.
HEARING NONE, UM, WE'LL MOVE IT UP TO PUBLIC, UH, COMMENTS.
UH, 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, YOU WILL HAVE UP TO TWO MINUTES TO SPEAK BEFORE I ASK YOU TO WRAP UP.
NO, THERE DOESN'T SEEM TO BE ANYONE, UH, WISHING TO MAKE PUBLIC COMMENT.
THERE'S NOT NO PUBLIC COMMENT IN THE FILE.
UM, SO, UH, I MEAN, I'LL UPDATE THE DIMENSIONAL FORMS. ANY OTHER ISSUES OR QUESTIONS, COMMENTS BY FELLOW BOARD MEMBERS OR, RIGHT.
UH, SO THE CHAIR MAKES A MOTION TO GRANT RELIEF FROM THE THREE REQUIREMENTS OF THE ORDINANCE UNDER, UH, SECTIONS 5.30, TABLE OF DIMENSIONAL REQUIREMENTS, SECTION 8.2, TWO POINT C AND D, NON-CONFORMING STRUCTURE, AND SECTION 10.40 FOR A SPECIAL PERMIT.
AND REVIEWING THE CONDITIONS FOR A SPECIAL PERMIT, UH, ITEM A, IT APPEARS THE REQUIREMENTS OF THIS ORDINANCE CANNOT OR WILL NOT BE MET.
UH, THE PROJECT COMPLIES WITH THE INTENT OF THE ZONING ORDINANCE TO THE MAXIMUM EXTENT PRACTICAL, EXISTING NONCONFORMITIES RELATED TO FLOOR AREA AND OPEN SPACE OR PREEXISTING, AND ARE NOT IN SUB SUBSTANTIALLY INTENSIFIED BY THE PROPOSED WORK.
UH, NO NEW NONCONFORMITIES OR CREATED, UH, WITH RESPECT TO USE AND LOT AREA AND FOOTPRINT.
UH, ITEM B, TRAFFIC GENERATED OR PATTERNS OF ACCESS OR EGRESS WOULD CAUSE CONGESTION, HAZARD, OR SUBSTANTIAL CHANGE.
UH, PROPOSED PROJECT WILL NOT, UH, SEE THE CONTINUED OPERATION OF, OR THE DEVELOPMENT OF THE ADJACENT USES AS PERMITTED IN THE ZONING ORDINANCE WOULD BE ADVERSELY AFFECTED.
UH, THE PROPOSED PROJECT WILL NOT CAUSE ANY, UH, ADVERSE EFFECTS.
UH, D NUISANCE OR HAZARDS WOULD BE CREATED TO THE DETRIMENT OF THE HEALTH, SAFETY, OR WELFARE OF THE OCCUPANT.
UH, AND THE PROPOSED PROJECT WILL NOT CREATE, UH, SUCH HAZARD OR NUISANCE.
UH, AND FOR OTHER REASONS, THE PROPOSED USE WOULD IMPAIR THE INTEGRITY OF THE DISTRICT OR ADJOINING DISTRICT, WHICH THE BOARD BELIEVES, UH, IT WILL NOT, UH, IMPAIR THE INTEGRITY OF THE DISTRICT.
SO BY THAT FINDING, THEY MEET THE CRITERIA IN THE SECTIONS 10.43 FOR A SPECIAL PERMIT.
AND ON THE CONDITIONS, UH, THAT THE WORK BE CONFORMED TO THE DRAWINGS SET ENTITLED EDITION BY ARC LINE PRO PROJECT DESIGN DATED JANUARY 12TH, 2026.
AND, UH, THE EDITED OR MARKED UP, UH, DIMENSIONAL FORM SUBMITTED, UH, THIS EVENING.
UM, AND FURTHER THAT WE INCORPORATE THE SUPPORTING STATEMENT AND DIMENSIONAL FORMS AS EDITED, SUBMITTED AS PART OF THE APPLICATION.
AND WE ALSO WILL INCLUDE JUST BY REFERENCE THE LETTER, OH, I'M SORRY.
UM, AND SO ON A VOICE VOTE, PLEASE.
BRENDAN SULLIVAN, IN FAVOR OF THE MOTION TO GRANT.
SO IT'S FIVE TO ZERO AS APPROVED.
UH, THIS, UH, SPECIAL PERMIT IS GRANTED.
AND THAT'S KIND OF IT FOR THIS EVENING.
SO THANK YOU EVERYONE FOR JOINING US, AND, UH, WE'LL SEE YOU ON JULY 30TH.