Bpda Board of Directors - Regular Meeting

Tuesday, May 5, 2026
Transcript
Video
Agenda

About this meeting

Government Body
Bpda Board of Directors
Meeting Type
Bpda Board Of Directors
Location
Boston, MA
Meeting Date
May 5, 2026

Transcript

785 sections (from 882 segments)

3:19 – 3:560

Boston zoning board of appeal hearings on 05/05/2026 is now in session. This hearing is being conducted in accordance with the applicable provisions of the open meeting law, including the updated provisions enacted by the legislature this year. The new law allows the board to continue its practice of holding virtual hearings through June 2027. This hearing of the board is being held remotely via the Zoom webinar event platform and is also being livestreamed. In order to ensure this hearing of the board is open to the public, members of the public may access this hearing through telephone and video conferencing.

3:56 – 4:380

The information for connecting to the hearing is listed on today's hearing agenda, which is posted on the public notices page of the city's website, boston.gov. Members of the public will enter the virtual hearing as attendees, which means you will not see yourself in, and you will be muted throughout unless administratively unmuted when asked to comment. Board members, applicants, and their attorneys or representatives will participate in the hearing panelists, and they will appear alongside the presentation materials when speaking. Panelists are strongly encouraged to keep video on while presenting to the board. As with our in person meetings, comments in support will be followed by comments in opposition.

4:38 – 5:100

The order of comments is as follows, elected officials, representatives of elected officials, and members of the public. The chair may limit the number of people called upon to offer comment and the time for commenting as time constraints require. For that reason, the board prefers to hear from members of the public who are most impacted by a project, that is those individuals who live closest to the project. If you wish to comment on an appeal, please click the raise hand button along the bottom of your screen in the Zoom app. Bernard Platt, then your hand should go down.

5:10 – 5:290

When the host sees your hand, you will receive a request to unmute yourself. Select yes, then you should be able to talk. You are connected to the hereby telephone, please press 9 and to raise and lower your hand. You must press 6 to unmute yourself after you receive the request from the host. Those called upon to comment will be asked to state their name and address first and then provide their comment.

5:33 – 5:540

In the interest of time and to ensure that you have enough time to do so, please raise your hand as soon as mister Stenbridge reads the address into the record. Do not raise your hand before the relevant address is called or the meeting host will not know to call on you at the appropriate time. We ask that you keep your comments brief, and all public testimony will be limited to ninety seconds per speaker. Okay. Mister Stumbridge.

5:561

Morning, madam chair, fellow board members present.

6:000

Good morning, mister Valencia.

6:032

Good morning, madam chair. Present.

6:050

Good morning, mister Le.

6:103

Good morning, madam chair. Present.

6:130

Good morning, miss Wewell.

6:164

Good morning, madam chair present.

6:190

Good morning, miss Turner.

6:225

Good morning, madam chair present.

6:250

Good morning. And mister Brunel. Good morning, madam chair. Present. Good morning. I'll turn it back over to you, mister Stenbridge.

6:35 – 7:101

Thank you, madam chair. We will begin with the extensions scheduled for 09:30AM today. I'll read all the in all the extensions in one after the other. If there are any questions afterwards, we can we can ask madam chair and and the representative. We'll begin with CaseBOA763614 with the address of 7 Cleveland Street.

7:11 – 8:061

Next, we have CaseBOA1521916 with the address of 15 To 17 Brackett Street. Next, we have CaseBOA1199457 with the address of 29 Southwell Road. Next, we have CaseBOA1432486 with the address of 4648 Leo Leo M Birmingham Park. Next, we have CaseBOA1561862 with the address 353359 Bluegill Avenue. That's next, we have CaseBOA1561863.

8:07 – 8:441

The address, 391 To 395, Blue, the left. Next, we have CaseBOA1486752 with the address of 16 R Mathem Street. Next, we have CaseBOA1526179 with the address of 26 Laquanse Avenue. Next, we have CaseBOA1568342. The address is 134 To 140 Smith Street.

8:45 – 9:251

Next, we have CaseBOA9328424. The address, 192 Gladstone Street. Next, we have CaseBOA1548018 with the address of 2729 Cherokee Road. Next, we have CaseBOA1255410 with the address of 19 Bennyford Street. And finally, we have CaseBOA21324776.

9:27 – 9:431

The case POA 213247, the address of 76 Day Street. All of the extension requests appear to be reasonable, and I'll turn it back to the manager.

9:440

Thank you. Are there any questions from the board? Hearing none, may I a motion to grant the extensions as requested?

9:533

Motion to grant extensions as read.

9:570

May I have a second? Second. Mister Stenbridge?

10:040

Mister Valencia?

10:070

Mister Langham?

10:140

Are you on mute, miss Wiguel?

10:164

Oh, no. I'm here. Yes. Sorry. I couldn't hear you.

10:200

Miss Turner? Yes. Mister Burnell? Yes. Chair votes yes. The motion carries.

10:30 – 11:091

Now we'll move on to the hearing scheduled for 09:30AM. At this time, we'll ask if there are any requests for withdrawals or deferrals from the 09:30AM period. Hearing none, we'll move on to the first case, which is case BOA1795439 with the address of 133 To 135 North Washington Street. If the applicant and were the representative or present, will they please explain the case to

11:09 – 11:226

the board? I am, mister secretary. Good morning, members of board and madam chair. This is Mike Ross with the law firm of Prince Lobel. I'm here with James Christopher for the architect for the appellant.

11:22 – 12:036

Go to the next page. Mister ambassador. So this is a proposal to build six homeownership condominiums within a mid block oddly shaped parcel at 133 North Washington Street within the North End Neighborhood Zoning District within the North Washington Street Community Commercial Subdistrict. And what you see on the above actually, mister Imbest, sorry, just go one more up for me if you would. This existing site plan, this is a one story industrial building.

12:040

It's an oddly shaped parcel. My name is Sarah. It spans

12:08 – 13:016

it spans from North Washington Street and reaches through the through the block to on the other portion of the survey to Endicott Court, which is a small court off of Endicott Street. The current structure meets the rear abutting property, and you can see it it it kind of diagonally hits that rear abutting property property line creating a zero in that area, a zero rear yard setback. And the abutting property also has a zero rear yard setback. This is for the existing condition. And so at some point, the two buildings nearly touch each other, and that's the existing condition of this current one story structure.

13:02 – 14:086

If you go to the next slide, this is our proposed site plan, what we are proposed what we're proposing to build. And what you can see here is there's now an eight foot rear yard setback in that same rear yard property line that I just directed your attention to on the lower five floors, and then it steps back an additional four feet to make a 12 foot rear yard setback on the six foot. 12 foot is actually what's called for by zoning, but it's not present in virtually well, this entire block and virtually anywhere in in this zoning subdistrict. Also, regarding this abutting Endicott Court Street, initially, it was proposed that we would bring parking up Endicott Court and into the structure to create ground floor parking within the building. The neighborhood felt strongly that bringing cars of Endicott Court where neighbor door neighboring doors are they're literally right on the curb would not be a good condition.

14:08 – 14:406

And so we we eliminated all parking within the project completely. There's no parking. It's one of our reasons why we're here. Next slide, please. Next slide, please. This is the basement. It's only storage. Worth mentioning, however, that this project is within the GCOD. We've been working with Christian Simonelli, the Boston Water and Soar Commission. We have our letter and the appropriate analysis there. Next slide, please.

14:427

So on the left, see slide you

14:44 – 15:106

see Floor 1, which is a single unit and then Floors 2 Through 5. Each floor is a single unit reaching the six units. Initially, there were 13 units proposed for this building. The neighborhood again felt strongly that fewer units and homeownership would be more desirable. And so, you know, creating more permanent residents, less transient residents.

15:10 – 15:356

So the Cohen shifted the plan, and we did the six units. And then here you see that eight foot rear yard setback off the rear property line. Units are fourteen nineteen on the Ground Floor and fifteen ninety seven square feet. Each have three bedrooms. And the next slide here will show you the Final Floor, the 6th Floor, and that's the final unit.

15:36 – 15:576

Here you see that 12 yard I'm sorry, 12 foot rear yard setback. We dropped it down to two bedroom units. It's fourteen twelve square feet. And on the right is a roof deck dedicated and only available to the 6th Floor unit. Next slide shows the elevations.

15:57 – 16:316

It's kind of difficult to follow these elevations because, again, it's a it's an oddly shaped building, and there are other buildings nestled within the building to the right to the left. So but the upper left image is the shows the front elevation. The upper right image shows it from the right side. You can see partially covered by an existing building. The lower left is the from the rear and the lower right is the view of the elevation from the left side.

16:33 – 16:566

Alright. Next slide, please. So we created this one slide just to kind of explain the height because it's different. This is our height slide. So it so there's it's the front portion along North Washington Street sits at 60 feet to meet the cornice line of the building to the left of it.

16:56 – 17:196

And then the building drops in height to 50 feet closest to Endicott Street, closest to the neighborhood to meet the scale of the neighborhood. Next slide, please. So this is the existing building today. It's that one story building you see there. That's what's there today.

17:20 – 17:476

And then the next slide is showing a rendering of what we would you know, what this building looks like. If you go to the next slide, mister Ambassar. You know, here, what you have is the existing building on the left, that 60 foot corner slide I referenced to you, our proposed building immediately to the right of it, and then at night what it looks like. The zoning, as I mentioned, we're here for GCOD. I also mentioned we're

17:478

here for

17:47 – 18:276

parking. Residential use on Ground Floor creates a conditional use. FAR for this building, which Boston Planning noted in its memo is not uncommon, is 5.1. This is a three point o FAR district. We are cited for height because of that front corner's line issue I referenced. We are cited for open space. I'm not sure exactly why because we do have the roof deck. The entirety of the roof deck is allowed to be counted towards open space. We also have the rear yard, that eight foot setback there should have been allowed to be counted for open space. The requirement is 50 square feet for each unit, so that would equal 300.

18:27 – 19:086

We have six fifty. We also had balconies on each of the units, but the neighbors asked us to remove the balconies because it would create unwanted noise in the neighborhood. So we removed those balconies. But even still with roof deck, we have six fifty, but we're cited for the open space violation nonetheless. We were, of course, cited for the rear yard violation, as I mentioned. I spent some time talking about the rear yard. That's required to be at 12 feet. And then we were cited for a side yard. This is a zero side yard setback, but there are windows and vents on one of the buildings, and they they cited us for a side yard setback. I'll pause there, madam chair, and see if there are any questions for me or architect Christopher.

19:09 – 19:200

Thank you. Can you address the CFRAD issue? You've mentioned GCOD several times, but part of the recommendation talks about elevation and habitable space below.

19:20 – 19:506

Yeah. We're we're aware of it. We are, I think I think, two feet we need to make up. We we can make that up through design review. We can get the lower floor to be above the flood level, and it will not be within the within the confines of the building. It it will not be an issue. It's something we can handle. It's certainly not a zoning issue, and it's something that we'll be able to remedy through design.

19:520

Questions from the board? Hearing none, may I have public testimony?

20:00 – 20:339

Hello, madam chair, members of the board. My name is Eva Jones representing the mayor's office in neighborhood services. Regarding 133 To 135 North Washington Street, our office defer to the board's judgment. A community process was conducted including in meeting held on Wednesday, 12/03/2025 that was attended by several North End and West End community members. The feedback from this meeting was significant concern of the impact and the scale of the proposal on the small private way behind the building and the impact on sunlight of many of the buildings and decks that may fall in the shadow of the structure.

20:33 – 21:239

The applicant continued conversations with neighbors and made significant concessions, including removing access to the private way, introducing a new rear set bed of eight feet for Floors 1 Through 5 And 12 feet for Floor 6 to better accommodate the butters and reducing the unit number from 13 to six. The proposal has received 29 letters of support. The proposal was also reviewed by the North End Waterfront Neighborhood Council on 01/20/2020 or twelfth twenty twenty six after requesting further disco discussions and concessions to a Butters, Munich voted to unanimously support the project and has submitted a letter in support to the board. The proposal was also reviewed by the North End Water front Residence Association on 02/1226 and has voted tenant support and 10 to oppose. That at this time, the mayor's office of neighborhood services defer to the board's judgment on this matter.

21:239

Thank you everyone for your time and consideration.

21:2710

And next, we have Christian Simonelli.

21:2911

Good morning, madam chair, members of the board. Christian Simonelli, Boston Groundwater Trust, and we have both G Card Motors from the applicant.

21:3710

Thanks. Next, have Minor Perez.

21:4012

Thank you, mister ambassador. Madam chair and members of the board, this is Minor Perez representing hundreds of union carpenters living worldwide across here. I also wanna go on record in support of this break.

21:5210

Thank you. Next, we have a great.

22:01 – 22:2413

Good morning, madam chair and members of the board. I'm here with my wife, Sarah Duncan. We're the owner of 186 Endicott Street directly behind the proposed project. After several meetings with the development team, we have withdrawn our opposition to the project and now support it. The team has has

22:240

worked with

22:31 – 22:4210

I think you're frozen. I think so. Yes. Missus Manessi? Did you want

22:430

a finished comment? Miss Manessi, you were frozen.

22:4713

Oh, okay. Sorry about that. Yes. So we are

22:500

in support of the project. Up to we got up to

22:52 – 23:1413

you with junior opposition. Oh, we withdrew our opposition based on several meetings with the development team in which they increased the rear the initial rear yard setback to the eight feet on Floors 1 Through 5 and then 12 feet on the 6th Floor. So that addressed our concerns about the project, and we now support it.

23:160

K. Thank you.

23:1710

Madam chair, can I have any additional comments?

23:200

Okay. Is is mister Hampton available? Can you address the comments about the seat pod issue?

23:28 – 23:5314

Yes. Thank you, madam chair. Members of the board, Jeff Hampton, City of Boston planning department. Our recommendation on projects like these have historically been to ask for denial without prejudice because we don't want the project to be below the designated floodplain. We had a very similar case like this at 105 North Washington where we recommended denial without prejudice.

23:53 – 24:2614

This was back in January 2025. The appellant then came back with a different design, and we actually went on the record to recommend approval. I heard what mister Ross has said about being willing to deal with this during the design review process if the board does approve this. I would just ask that that be put as a proviso if the board does vote to approve this, that they do work with us to make sure that the 1st Floor unit is not in the flood zone.

24:280

Thank you. Any other questions from the board? May I have a motion?

24:43 – 24:544

Madam chair, I'll put forward a motion of approval with the proviso for design review to ensure that no livable space is below the design foot elevation.

24:560

Is there a second? Second. Second. Mister Stembury? Yes. Mister Valencia?

25:050

Mister La Engham?

25:100

Miss. Mister.

25:190

Mister. Yes. Chair votes yes. The motion carries.

25:256

Thank you very much.

25:260

Have a nice day.

25:30 – 26:031

Next, we have two companion cases. The first is case BOA1813329 with the address of 139 West Canton Street. Along with that, we have case BOA1813317 with along with the with the address of one also with the address of 139 Kent Street. If the applicants and or the representative are present, will they please explain the case to the board?

26:05 – 26:4415

Yes. Thank you, mister secretary, and good morning, madam chair, members of the board. For the record, attorney Matt Echel with Fletcher Tilton on behalf of the applicant. Also with me this morning is Joseph Kennard from Kennard Architects, the project architect. We are seeking to renovate the existing structure at 139 West Canton Street and erect a roof deck as well as a rear deck. The roof deck is proposed to be accessed by an internal stairs and through a hatch. Just to give a little bit of background, the zoning subdistrict is an MFR. This is an existing single family, and that occupancy will remain. There's no change proposed to the occupancy. And the lot is just over 1,100 square feet.

26:45 – 27:2815

This property is in a series of row houses along West Canton Street between Warren Ave and Tremont Street. The proposal includes, as I mentioned, the renovation predominantly in interior renovation of the existing single family structure as well as erecting that new, rear deck and roof deck. The project does include some exterior work to fix the facade and update some of the windows, to bring the building back to its former condition. We are actively working with the South End Landmarks District Commission on that and will need their approval for the exterior work should this board approve our proposal this morning. We are seeking the relief for an extension into the rear yard as a result of the proposed rear deck.

27:29 – 28:1115

I I would point out this rear deck has been aligned with, the director Butter's rear deck to promote consistency and will provide the homeowner some additional and much needed usable outdoor living space. We're also seeking relief for GCOD as we are in a Brownwater Conservation Overlay District, due to the cost of a rehabilitation. We submitted, through water and sewer and submitted through the zoning board our no harm letter as well as the Boston water and sewer letter. Finally, the roof deck as proposed does comply with zoning. However, we are seeking building code relief for a violation, which was cited due to the fact that the access to the roof isn't proposed through a head house.

28:11 – 28:4915

It is proposed, through that hatch, which is very typical. As as the board knows, a lot of the roof decks you see now, there is a trend to propose access via a hatch to not alter the profile of the building and the neighborhood. However, that does trigger the need for building code relief through this Board. I would note, we've also, as we scroll through the plans and get to the top level, we've, set back the roof deck approximately seven feet from both the front and the rear to limit any impacts on the streetscape or or the rear. In addition to the South End Landmarks Commission, we've been in touch with representatives from Montgomery Park, which directly abuts us in the rear.

28:4915

They were supportive of the proposal and felt that the construction and plan was keeping in context with the neighborhood. With that, I'll pause and take any questions the board may have.

29:010

Thank you. Any questions from the board? Hearing none, may I have followed testimony?

29:09 – 29:469

Hello, madam chair, members of the board. My name is Abby Jones representing the mayor's office of neighborhood services. Regarding 139 West Canton Street, our office refers to the board's judgment. A community process was conducted including an abutters meeting held on Thursday, 03/12/2026 that was well attended by Southend community members, where some concerns were voiced about construction vehicles parking in parking spots and rodent mitigation. Additionally, the proposal was also connected to the Ellis Neighborhood Association where they reviewed the plans and expressed that they did not to meet need to meet with the applicants regarding this proposal. At this time, the mayor's office of Neighborhood Services defer to the board's gentleman on this matter. Thank you, ever.

29:490

Thank you.

29:5010

Okay. Thank you. So next, we have Christian Simonelli.

29:5411

Good morning, madam chair, members of the board. Christian Simonelli, Boston Groundwater Trust, and we have both from you. And

30:0210

we have Ashley from Thank you. The counselor's office. Flynn.

30:0516

Good morning. My name is Ashley from counselor Flynn's office. Counselor Flynn would like to go on record in support. Thank you.

30:120

Thank you.

30:1310

Madam chair, I don't see any additional hands raised at the moment.

30:180

Okay. Any any other question? It's from the board?

30:223

Yeah. I have one quick question. I'd like to know how how are they gonna handle the cost parking of the construction vehicles?

30:31 – 31:0715

Yeah. It's a it's a great question. And, certainly, this is can be a congested street, so we will be putting together a construction management plan, and we'll be working with our butters for any, perceived disruptions. But we will be working hand in hand with our neighbors to make sure that we are not disruptive outside of what we have to do to access the property. It's a fairly the majority of the work is interior and obviously the two decks. So there shouldn't be much disruption outside, of the property, and there should only be one or two trucks, you know, per day max.

31:082

Okay. Thank you.

31:100

Thank you. Thank you. With that, may I have a motion?

31:192

Ma'am, should I make a motion of approval?

31:22 – 31:340

Is there a second? Second. Mister Stubridge? Yes. Mister Valencia? Yes. Mister Langham?

31:3517

Yes. Miss Fluor?

31:39 – 31:520

Yes. Miss Turner? Yes. Miss Dunbar now. Yes. Chair votes yes. The motion carries. Thank you very much.

31:54 – 32:091

Next, we have case BOA 1822885 with the address of 149 Newberry Street. If the applicant and the other representative were present, will they please explain to the board?

32:13 – 32:4818

Good morning, madam chair and members of the board. Skin Pharm is a clinically focused cosmetology or cosmetic dermatology and medical spa that's funded by nurse practitioners, and we're providing clinic noninvasive treatments and professional skin care products. We're just seeking approval to change the current occupancy of an existing 3rd Floor tenant space to accommodate our use. Our services are appointment based, low impact, and consistent with similar professional and health care oriented uses. So we appreciate your consideration, and we welcome any questions.

32:510

Thank you, ma'am. Any questions from the board? Hearing none, may have public testimony?

32:58 – 33:1519

Good morning, board members. I'm madam chair, Siggi Johnson with the office of neighborhood services. This applicant completed the community process. Our office hosted in a Butters meeting on April 2 at which no concerns were raised. The neighborhood association of the back bay is in non opposition to this application. That background, ONS defers judgment to the board. Thank you.

33:1620

Good morning, madam chair, members of the board. My name is Tony on behalf of councilor Sharon Gerken. She'd just like to go on record in support of this proposal.

33:250

Thank you.

33:2710

Madam Chair, I don't see additional comments.

33:300

Okay. With that being a motion? I'll make a motion to

33:353

approve. Correct, Katie.

33:370

Motion to approve. May I have a second?

33:412

Second.

33:430

Mister Stambridge? Yeah. Mister Valencia?

33:49 – 34:050

Mister Langham? Yes. Miss Wewell? Yes. Miss Turner? Yes. Mister Burnell? Yes. Chair votes yes. The motion carries. Good luck, ma'am.

34:0518

Thank you so much, everyone. Next,

34:10 – 34:271

we have case BOA1825910 with the address of 154 To 170 Commonwealth Ave Avenue. If the applicant and or their representative are present, would they please explain the case to the board?

34:28 – 35:036

Hi, mister secretary. Good morning, madam chair, members board. This is Mike Ross, law firm of Prince Of Belwind National Place. I'm here with Denise Dennis Ferrendecchi, the architect. This is a tenant build out only. It's currently an existing medical office space that spans two floors, garden level and 1st Floor. It's accessible by a primary entrance off of Commonwealth Avenue. The property you can go to the next slide. There's actually, the last page might be the best one, mister Ambassador, for people to look at. Yeah.

35:03 – 35:296

It's just a tenant build out. So there's not there's not a lot there, but, you know, you see it in front of you. The property sits on the corner of Dartmouth And Commonwealth. It's known as the Bendome Building, well known building in the Back Bay. There are a number of commercial uses on the two bottom floors today in addition to this medical office as well as around over 100 condominiums on the floors above.

35:30 – 36:196

This proposal is for a private club which is a conditional use which in within an H 365 which would be dedicated to a fitness use fitness center. It'll contain several treatment rooms for traditional spa type services, two larger rooms for classes such as yoga and general fitness equipment which will mostly be placed on the 1st Floor. There will also be a refreshment counter on the 1st Floor and the locker rooms downstairs on the Garden Level. Appellant has worked very closely with the trustees of the Vendome Building to work out things like hours of operation. Call agreed to not operate beyond 10PM.

36:19 – 36:316

Noise mitigation and the like. As a result, a letter of support was submitted by the trustees to the board. And I'll pause there to see if there are any questions. Thank you.

36:330

Thank you. Are there any questions from the board? Hearing none, ma'am, from the testimony.

36:40 – 37:0019

Good morning, madam chair and board members. Siggy Johnson with the office of neighborhood services. This applicant completed the community process. Our office hosted an abutters meeting on March 23. Some logistical questions, no concerns were raised. The Neighborhood Association of the Back Bay is in non opposition to this application. With that background, ONS defers judgment to the board. Thank you.

37:0120

Good morning, and chair members of the board. Councilor Gerken would like to go on record of support.

37:0910

Next, we have Ed. The person with the name Ed, if you can unmute yourself, please.

37:20 – 37:4421

Yes. Madam chair. Devoe, 160 Commonwealth Avenue. I've been a member of a resident of the building for over ten years. The trustees, as I said, have had many meetings alerting their residents. And I am extremely supportive of this project. I think it's gonna be a great addition to the neighborhood as well as our building.

37:453

Thank you.

37:4710

Thank you. Next, we have Minor Perez.

37:50 – 38:0612

Thank you, mister ambassador. Madam chair, members of the board, this is Minor Perez representing the Carpenters Union. On behalf of thousands of union members, 11 workers at the city of Boston, we wanna go on record and support of this this proposal. Thank you.

38:0710

Thank you. Next, we have Meg.

38:12 – 38:3522

Thank you. Meg Meinzer Cohen, president of the Back Bay Association. We are long term supporters of the Quinn since day one. The they've been a tremendous benefit to the neighborhood, and we appreciate, this minor change where they're moving the gym to a different location. And I very much appreciate that the Vendome is also in support of it. That's super important to us. Thank you so much.

38:370

Thank you. Madam Chair, there

38:3810

are no additional comments.

38:410

Thank you. With that, may I have a motion?

38:468

Madam chair, we'd like to put a motion of approval.

38:500

Is there a second? Second. Mister Stenbridge?

39:010

Mister LaPazia, are you on mute?

39:032

Yes. Yeah. I couldn't hear you. Sorry.

39:06 – 39:250

Thank you. Mister Langham? Yes. Miss Wewell? Yes. Miss Turner? Yes. Mister Bunnell? Yes. Chair votes yes. The motion carries.

39:256

Thank you all. Have a great day. Thank you.

39:30 – 39:461

Next, we have case BOA1772580 with the address of 94 West Cedar Street. If the applicant and or the representative were present, will they please explain?

39:47 – 40:0923

Yes. Thank you, mister Stembridge. Madam chair, members of the board, attorney Ryan Spitz with Adams and Maransi, address of 168 H Street, 1st Floor, South Boston. Joining me today is the project architect, Tim Johnson. This is a proposal to change the use from an existing two story commercial residential building to a five story, six unit residential building by way of a three story addition.

40:10 – 40:3723

The lot sizes is approximately 1,520 square feet within an H 265 subdistrict on West Cedar Street. The existing building sits on the lot lines with no front, rear, or even side yards. The proposed project also falls within the groundwater conservation overlay district. Applicant has provided both letters to the Boston Groundwater Trust. If I could turn it over to page a one zero one, please.

40:38 – 41:1723

Basement will consist of just utilities. Page a 102, 1st Floor will consist of a bike trash room located in the front of the building along with a Unit 1, approximately 679 square foot studio. A 103, 2nd Floor will consist of Units 2 And 3, both one bedroom units. Page a one zero four. 3rd And 4th Floor will consist of Units 4 And 5, both duplex units with two bedrooms. A 106 is the 5th Floor, which will consist of a two bedroom. This unit will also have an exclusive roof deck. We have the following violations. We have a flurry ratio violation. Maximum FAR is a two point o.

41:17 – 41:4723

The proposed addition would bring the FAR to a four, but aligns with the FARs of the abutting buildings. We have a side yard, rear yard, and projections into the rear yard violation. All our preexisting nonconformities, and despite no changes to the footprint of the building, we have been cited for such due to the vertical additions. We have open space violation requirement in the subdistrict is 150 square feet per unit. Despite being an existing nonconformity, the new proposal allows for small decks in the rear of the property to allow for some open space.

41:47 – 42:0623

Lastly, we have a parking insufficiency. The requirement is point seven per unit, and the proposal doesn't provide any parking. But this neighborhood is in very close proximity to transit, is highly walkable, making it more aligned with the mayor's initiative reducing dependency on private vehicles. At this point, madam chair, I'm gonna turn it over to you and the board for any questions or comments.

42:070

Thank you. Are there questions from the board? Hearing none, may have public testimony?

42:15 – 42:4319

Madam chair and board members, Cece Johnson with the office of neighborhood services. This applicant completed the community process. Our office held in a Butters meeting on 09/22/2025. A concern was raised about the loss of a community amenity of commercial space for more housing, a concern about what was thought to be a large increase in the floor to area ratio, and concerns about the type of masonry and other physical characteristics of the building. The Beacon Hill Civic Association voted to oppose this application.

42:43 – 43:0119

Our office understands they felt that the FAR was too substantial an increase for them to support. Our office has received one letter of opposition and five letters of support with two signing an address in a 300 foot abutters radius and the other letter signing an address in other areas of Beacon Hill. With that background, ONS defers judgment to the board. Thank you.

43:03 – 43:2320

Good morning, madam chair, members of the board here on behalf of councilor Sharon Durkin. So we spoke to the proponent. We read the letter from BHCA, and then we spoke to the Landmarks Commission. So our office thinks that there is more work to do before going to the ZBA. So at this time, Councillor Durkin defers to the judgment of the board.

43:2410

Next we have Christian Simonelli. Good morning, Madam Chair, members of

43:2811

the board. Christian Simonelli, we have both G Card letters from the applicant. Thank you.

43:3310

Thank Thank you. Next, we have Phillips Street.

43:37 – 43:5324

Hi. My name is Andrew Henson. I'm an abutter to this project and in great support of it. No abutters that I've spoken to are in opposition to this project, and we can't figure out why the Beacon Hill Civic Association has gone the direction they have. We are very disappointed in the counselor's office.

43:53 – 44:3024

You were in support of that CVS project at a much worse location, and that developer gave you money to your coffers. So we would suggest, in this very specific case, that you approve this project. This developer has been nothing but operating in good faith with the neighbors, ensuring that they're all in line with the buildings. And they're offering a great building that we can see in dedicated housing on the hill. And we'd hope that you would see that the addition of the housing for this particular project is needed in the neighborhood and that the abutters are in support of this project despite what the Civic Association thinks. Thank you.

44:3110

Madam Chair, there are no additional comments.

44:340

Any other questions from the board? May I have a motion?

44:462

What's your now, bro?

44:480

Is there a second?

44:505

Back back in.

44:530

Mister Stumbridge?

44:59 – 45:180

Yes. Thank you, mister Valencia. Mister Langham? Yes. Miss Wheeler? Yes. Miss Tardell? Yes. Mister Barnett? Barnett? Yes. Chair votes yes. The motion carries. Good luck.

45:196

Thank you. Thank you, madam chair.

45:202

Just to notice that at least on my end, the sound coming from your computer is breaking up a little bit.

45:280

Okay. Thank you for letting me know. It's probably my Wi Fi. I like everybody else's.

45:35 – 45:541

Next, we have case VOA 1833689 with the address of 6971 A Street. This is case. And if the applicants and or their representative to the board.

45:5525

Yes. Thank you, Mr. Stemberidge. Good morning, Madam Chair, members of the board. My name is George Moranci.

46:00 – 47:0525

I'm an attorney with the business address of 350 West Broadway in South Boston. I represent the petitioner, the Council on International Educational Exchange or CIEE with respect to this application to convert the second through the fourth floors of the existing building owned by CIEE and located at 69 Dash 71 A Street in South Boston. This would convert the occupancy from vacant office space to 24 residential units while retaining the existing Ground floor and basement gym and retail uses, the 5th Floor office space and amenity area, and adding a new rooftop amenity area. Joining me today are Mariela Ebro and Matthew O'Connell of DBI Projects, the project manager, as well as Jack Moriarty, the project's permitting consultant. Madam Chair, members, I wish to start with a brief word about the petitioner because the nature of CIEE's mission is central to understanding why this project is before the board in the form that it is.

47:05 – 48:0225

CIEE is a nonprofit, nongovernmental organization founded in 1947, just after World War II, with a mission of promoting international understanding through educational and cultural exchange. They're widely known as the oldest and largest nonprofit international educational exchange organization in the country. Over more than seven decades, CIEE has developed and administered study abroad internship and professional exchange programs operating in more than 30 countries and serving tens of thousands of participants annually. They played a significant role in shaping the modern framework of international educational exchange, including their longstanding participation in programs administered by the US Department of State's J1 visa program. CIEE, as part of this project, will be relocating its world headquarters to 69 A Street in South Boston.

48:02 – 48:4425

The project relates to the fully constructed five story building at 69 A Street, which sits upon a 17,749 square foot lot that is walking distance from Broadway Station on the Red Line. The second through fourth Floors, floors that have been substantially vacant or entirely vacant since the building was completed, would be converted to 24 residential units. Nothing would change about the building's height, footprint, or gross floor area. This is purely an interior change of occupancy with the addition of some rooftop amenity space. These 24 units will not be rented to the general public.

48:44 – 49:2525

They will be occupied exclusively by participants in CIEE's BridgeUSA International Exchange Program. These are recent graduates and young professionals from abroad who will be here in Boston on structured time limited internship placements. This residential use is thus tied directly to CIEE's educational mission. It is supervised housing for federally authorized exchange program participants. One of these 24 units will be reserved for a live in building manager employed by CIEE, someone who will be on-site twenty four hours a day overseeing building operations.

49:26 – 49:5425

The existing basement and Ground Floor gym and retail uses in the 5th Floor office and associated amenity areas will all remain. A rooftop amenity terrace is being added for the use of CIEE employees, program participants and affiliates. I would be remiss if I didn't provide some context on how we got here. As Mr. Stembridge mentioned, this is an Article 80 project but it is a notice of project change under Article 80.

49:54 – 50:2325

This property does have a history with the planning department and with the Board of Appeal. The site was originally approved in 2016 for redevelopment into a commercial office building. CIEE acquired the property in 2018 with the attention of establishing its headquarters here. They obtained approval for a revised project and constructed the building envelope, which was completed in 2021. Then, of course, the COVID pandemic hit.

50:23 – 51:1025

The intended office occupancy was materially disrupted with the disruption to the operations of CIEE and their business model, and the building has remained largely vacant above the Ground Floor. In 2021, some members may remember that CIEE explored converting the building into a life science R and D use. That proposal went through a notice of project change but was ultimately denied by the ZBA. The present application is the next chapter. Rather than a new building program or expansion of the structure, CIE is proposing to activate the upper floors for a residential use that is directly connected to its core institutional mission with absolutely no changes in the building's height of footprint or expansion of gross floor area.

51:10 – 51:4225

The variance is being sought arise from the change in occupancy, not from any new construction. Converting office space to residential use triggers per dwelling unit dimensional and parking violations under Article 68 that did not apply to the previously approved commercial program. Specifically, we're seeking board approval on three items. One, lot area per dwelling unit. The deficiency arises entirely from introducing residential units into a building whose lot size and footprint are fixed.

51:42 – 52:1125

Full compliance would require eliminating a substantial number of the proposed units. This would undermine the viability of the project and defeat the reasonable use of the property. This is a hardship that is not self created but is inherent in the fact that this is an existing building that was approved originally for non residential use. Second violation is insufficient usable open space. And while project might not meet the strict numerical standard of 200 square feet per dwelling unit, it might.

52:11 – 52:4825

And what I mean by that is it will depend on a final design of the rooftop amenity space, which creates meaningful rooftop terrace space in many amenity areas providing functional and necessary outdoor space for the residents. And finally, there's an off street parking violation. The building currently maintains an 18 space surface parking lot. One of these spaces is going to be converted into an enclosed, secured, and screened trash and recycling area, basically standard residential programming. This will leave 17 spaces, parking spaces, for the use of the building.

52:49 – 53:4025

No additional parking can be added to the site. But this building is, as I mentioned at the top, located steps from Broadway Station on the red line. And perhaps more significant, the residents here will all be exchange program participants who, by the nature of the Bridge USA program, will not be bringing private vehicles to Boston from overseas and are highly unlikely to be buying or even renting a motor vehicle during the periods of their internships, range on an or have an average length of approximately eleven months. Additionally, the project will include a dedicated bike room with a minimum of 24 long term covered and secured bicycle parking spaces. The parking relief therefore is appropriate and is consistent with transit oriented development principles the city has been advancing for years.

53:41 – 54:1825

The building, as noted, is within a multifamily residential local service zoning subdistrict, which is expressly contemplates multifamily residential development. The use is thus consistent with and allowed by underlying zoning. The surrounding neighborhood is characterized by a mix of multifamily residential, commercial, and mixed use buildings. Before I conclude, it is important that I address the inclusionary zoning requirements and how they apply to this proposed change of occupancy and future use. Only to the nature of that use, the building will not include on-site income restricted IZ units.

54:19 – 54:5125

That's a departure from the standard framework, and I want to explain why. These 24 units are reserved exclusively for Bridge USA program participants and the on-site CIEE building manager. The income eligibility and tenancy requirements for conventional IZ units are simply incompatible with this program structure. This is not an effort to avoid an obligation. Rather, it is a direct and understandable consequence of the mission driven nature of this particular residential use.

54:51 – 55:3725

In lieu of on-site affordable units and in full compliance with the requirements of Article 79 and as approved by the mayor's office of housing, CIEE has committed to a one time cash contribution of just under $1,000,000 to the city's inclusionary development fund to be used for the construction and preservation of affordable housing units across Boston. Finally, the project has undergone comprehensive article 80 review by the Boston Planning Department, including public notice and community input. And on March 19, the BRABPDA Board of Directors voted to approve this third notice of project change for this project and to recommend approval of the required zoning relief. With that, Madam Chair, I'll pause and take any questions that members may have.

55:390

Thank you. Hi. Go ahead. Did you have a question?

55:435

I do. I have two questions. So you said there are 17 parking spots. How many how many staff members will work here?

55:53 – 56:0825

There will be some very good question, Mr. Darnaby. There will be one unit of this building for a dedicated CIEE building manager. In terms of the office use on the 5th Floor, that

56:09 – 56:4625

good point of distinction. There will not be people in office cubicles working for CIE in the 5th Floor. Most work is conducted remotely around the world, actually. The primary intended use for the 5th Floor office area is for periodic meetings of the board of directors of CIEE that happen a few times per year. But there will not be a five day a week corporate presence there in terms of people, for example, working in cubicles. It will only be periodically occupied and for, as I said, things like corporate meetings and board of directors meetings that are held periodically throughout the year.

56:475

Thank you. And then my second question is, what's the average length that someone will live here?

56:53 – 57:3025

It's approximately eleven months. And it ranges from several months to sometimes a couple of years. There are currently CIEE program participants living all over Boston. So this is not a new this is not newly being introduced to the city. It's just that these are people who are essentially private housing units distributed around the city. So this provides an opportunity to have a dedicated residential use for the Boston program participants. And again, the average length, and that is across Boston and across the nation for that matter, is approximately eleven months for these business interns.

57:305

Thank you very much.

57:311

You're welcome.

57:320

Thank you. Any other questions from the board? Hearing none, may I have public testimony?

57:40 – 58:1027

Yes. Madam chair, members of the board, Connor Newman with the mayor's office of neighborhood services. This time, the mayor's office to defer to the judge from this board some background information in community process. As you're aware, this went through a Boston planning led community process with a notice of change for the project starting their process in February, including a public meeting that was held on February 24 as well as the solution soliciting public comments from residents. These conversations were very positive.

58:10 – 58:3827

We ended up receiving two letters of support that were glowing about how this applicant and the representation has worked really closely with the community to explain what changes are being proposed and as well as engaging with direct bodies to make sure they're comfortable with this project. We received those support letters from the West Broadway Neighborhood Association as some members of the board of trustees for Port 45, which is a neighboring building. We're presently unaware of any concerns. With that,

58:380

I'll defer to the board. Thank you. Thank you.

58:4010

Thank you. Next, we have Ashley from councilor office.

58:45 – 59:1416

Good morning. My name is Ashley from councilor Flynn's office. Councilor Flynn would like to go on record and support based on a good community process. The team has worked closely in recent months with nearby civic groups and abutters to be responsive to any concerns and quality of life issues. They have also worked in good faith to also provide a full time live in building manager on-site as well. Councilor Flynn respectfully request that the proponent continue to work closely with neighbors on any quality of life issues. Thank you.

59:1510

Thanks. We we have a minor Perez. Minor?

59:2412

Thank you. Thank you, mister Ambassador. Madam chair, members of the board, Carpenter, Virginia would like to vote in record and support.

59:3210

Madam chair, there are no additional comments.

59:350

Thank you. Any other questions from the board? May I have a motion?

59:451

Madam chair, I'll make a motion of approval.

59:48 – 1:00:150

Is there a second? Second. Mister Stembridge? Yeah. Mister Valencia? Yes. Mister Langham? Yes. Miss Wewell? Yes. Ms. Turner? Yes. Mr. Burnett? Oh. Yes. Chair votes yes. The motion carries.

1:00:157

Thank you.

1:00:19 – 1:00:361

Next, we have case BO818305 excuse me, 65 with the address of 87 Heath Street. If the applicant and or the the representative present, would they please explain to the board?

1:00:36 – 1:00:4928

Yes. Thank you, mister Stembridge. Good morning, madam chair, members of the board. For the record, my name is Richard Lyndons. I'm returning with the business address of 245 Summer Street in East Boston on behalf of the petitioner Carlos Arias.

1:00:49 – 1:01:2328

With me is Nick Landry from DRT who's our project architect. Mister ambassador, we can jump right down to slide three. Madam chair of the board, this proposal involves the redivision of several lots and the creation of a new approximately 6,100 square foot lot, which is located in area of Mission Hill that traditionally has held a mix of industrial, commercial, and residential uses. I'm not sure if we can get down to slide three, mister ambassador. Next slide, please.

1:01:24 – 1:01:5228

Perfect. So in connection with creation of this new lot, the proponent is proposing to construct a new 14 unit multifamily residential building. This will include two inclusionary zoning units as required by IRL 79 code. The project also proposes to include a total of seven off street parking spaces located at grade. The units for this project will range in size from anywhere from 760 square feet up to about 1,800 square feet.

1:01:52 – 1:02:2628

If you can jump down to Slide 4, just to give the board an idea of the context of the surrounding neighborhood. As you can see here, each street does have a commercial industrial building located immediately adjacent to our site. In addition, there's a relatively newer multifamily residential building located at the corner. If we can jump out of Slide 7. Maybe further down. Yep. Just let's see. Caps. So it's a good place to stop right here. So this is a street view, illustrating the, vacant condition of

1:02:266

the lot. Our client

1:02:28 – 1:02:5428

is the owner of, the vacant area as well as the building adjacent. And as I indicated, this involves a redivision of the lots create a new lot for the proposed structure. If you can jump down to slide 10, I can review the zoning relief that's necessary. Slide 10, please. Perfect.

1:02:55 – 1:03:3128

So, madam chair, members of board, this property actually straddles two zoning subdistricts. We have the three f 2,000 for Mission Hill as well as a local industrial subdistrict. Because we are within two zoning districts, article six relief is necessary, so a conditional use permit is being requested with respect to having the property in two zoning districts. Regardless, ISD applied the more restrictive zoning to this this area based upon how transitional zoning is applied under the Boston zoning code. So we are operating under the controls for the 3 F 2000 District.

1:03:31 – 1:04:1828

So we do require relief from several provisions of article 59. And beginning with off street parking, our proposal includes seven spaces, which is less than the one space per unit as required in article 59. I will note that in the recommendation, which was for approval by the planning department, they do cite that this location is in close proximity to rapid transit bus lines, including the Jackson Square transit stop, which is in relatively close proximity. Planning department believes this would be appropriate for a reduction in the minimum required parking, and certainly, they felt that the seven parking spaces being proposed was appropriate for this development. I would add that we do include a bike storage room at Greene as well, which is located just outside the garage.

1:04:19 – 1:04:5428

Within the three f 2,000, an MFR multifamily use, anything more than three units is a forbidden use. However, once again, the planning department recognizes the character of this section of Peachtree includes a mix of the multifamily type uses. There is commercial industrial as well, and they believe that this would be an appropriate use for this location. With respect to the height and the FAR, in both instances, this project would exceed the maximum allowed under article 59. We are proposing an overall height all the way to the top of the elevator over on the 59 feet.

1:04:54 – 1:05:2628

A total of 40 feet is allowed. With respect to the FAR, two point o is the max. We have a 2.98. Once again, the planning department's recommendation views these as acceptable for this area because it is consistent with the planning goals for the city, especially with respect to future planning and modifications along this corridor, of Mission Hill for Heat Street. Lastly, with respect to the rear yard open space and the buffering requirements, the planning department also recommended relief for this based upon the location and size of the project.

1:05:27 – 1:05:4928

They did note that the 10 foot setback in the rear, although was less than the minimum required, was appropriate based upon the spacing for light and air. In addition, they did note that the open space, which can be achieved through balconies, roof decks, etcetera, should be looked at in connection with the design review that would be proposed as part

1:05:491

of any approval. If we

1:05:51 – 1:06:0828

could jump to slide 11, please. I'm gonna ask Nick Landry to very quickly just go over the materials and design so we can talk a little bit about what this building would look like from from their perspective. Nick, if you could just jump in quickly on that, that would be helpful. Great.

1:06:08 – 1:06:2329

Thank you, Richard. Good morning, madam chair, members of the board. Nick Landry from DRT. So on the left hand side here, we're looking at the front elevation. We're gonna have a full face of black or dark brick kind of from the bay windows down.

1:06:23 – 1:07:0529

That's where you'll see the residential entry on the left, the the garage door in the center, and then the there's a bike entrance kind of hidden behind a tree on the right. The both of the bays will the the the plan is that the either some sort of cement board material, a black material, possibly aluminum. And the windows will all be black two over two in the in the center. And we intend to work with design review on on both of those details. The rear elevation, you can see we have a lot of glass in the center, the decks on either side. All of the units have some sort of access to outdoor space, whether it's a deck or the units in the front have Juliet balconies on the sides.

1:07:06 – 1:07:5128

Perfect. Thanks. Quickly, I'll just run through the plans if we could just go to slide 13, mister ambassador. So this is our proposed site plan showing the redivision of the lots with respect to the location of the building. As you can see, we do meet the side yard setbacks in both instances. Minimum would be five feet or a little above five feet for both. We do propose a model alignment for the front of the building. So although the front setback may vary based upon where the location would be, We do intend to align this building consistent with the modal setbacks for that section of Heath Street. Next slide, please. Jump. Next slide, please.

1:07:531

One more.

1:07:55 – 1:08:2628

Just our architectural site plan showing the orientation of the building as it relates to heat with the entrance off to the right. We have that garage entrance off to the right with the total of seven parking spaces located beneath the building in grade. We do identify areas around the building that would be available for permeable space as well as some buffering. Again, I know that was a specific concern of the planning department, and we're certainly happy to work with them through designer view to address any buffering concerns or questions they might have. Next slide, please.

1:08:28 – 1:08:4928

We just have the floor plans illustrated. If there's any specific questions on that, we can always come back to that. I'll be jumping down to slide 22 just to incorporate the elevations into the presentation. Slide 22, mister ambassador.

1:08:5320

Perfect.

1:08:53 – 1:09:3228

As you can see here, the elevations that we do show that the garage space is located towards the rear. As you can see, there is somewhat of a great separation between Beech Street and the back of the property. We do have that as an open condition under the back of the building. However, that is identified as the parking area just so the board can see where that's located. Again, as I mentioned, the height, although we are in excess of the 40 feet that is allowed, planning believes that is acceptable height based upon future planning objectives for this section of Main Street. I believe that said, I can pause there, madam chair. If there's any specific questions, we do have reference to other plans if there's any specific

1:09:320

Thank you so much. Thank you. Alright. Are there any questions from the board?

1:09:39 – 1:09:522

Yes, madam chair. Mister Linz, regarding article 79, the IDP, could you clarify again what is the status of the conversations about the IDP units that the project would make a contribution for?

1:09:52 – 1:10:3628

Yes. Thank you, mister Wamsi. So the requirements under article 79 is that 17% or at least 17% of the floor space would need to be dedicated to ICEE units. That comes out to 2.38. We will because it's less than 2.5, we will commit to the two units as required in article 79, and the balance of the point three eight would be paid into the affordable housing fund as required by article 79. Thank you. And for what income levels could be those units? So if this were a rental building, the average AMI would have to be 60%. I believe we are proposing homeownership at this time. So it's a range between 80 to 100%

1:10:366

AMI. Okay. Thank you.

1:10:390

Thank you. Any other questions from the board? May I have public testimony?

1:10:46 – 1:11:2119

Madam chair and board members, Sigu Yance with the office of neighborhood services. This applicant completed the community process. Our office hosted an abutters meeting on 09/18/2025 in which a number of attendees expressed opposition to the proposal for reasons that included not enough parking being provided, which units would have the parking assigned to them, that a new curb cut would eliminate currently existing public parking on Key Street, concerns about rodents on the parcel, and desire for more affordability. The applicants met with the Community Alliance of Mission Hill, which is supporting this application. With that background, ONS defers judgment to the board. Thank you.

1:11:2210

Thank you. Next, we have Tony Barris from consular Durkan.

1:11:2720

Good morning, manager. Councilor Durkan would like to go in support of this proposal. Thank you.

1:11:330

Thank you.

1:11:3510

Madam chair. Okay. We have Mayor Perez.

1:11:4212

Thank you, Mr. Ambassador. Madam Chair, members of the board, Minor Perez with a Carb interceding. We'd like to go on record in support of the project.

1:11:500

Thank you. Madam Chair, there are

1:11:5210

no additional comments at the moment.

1:11:550

Any other questions from the board? Ma'am? Motion?

1:12:055

I'll make a

1:12:052

motion off. That's right.

1:12:08 – 1:12:295

I'll make a motion of approval with a proviso that plans to be submitted to the planning department for design review with respect to the usable open space buffering and proposed year rear yard depth as well as the housing agreement to be executed by the mayor's office of housing.

1:12:310

Is there a second?

1:12:360

Mister Snubridge? Yes. Mister Valencia?

1:12:44 – 1:12:570

Mister Langham? Yes. Miss Bewell? Yes. Miss Turner? Yes. Mister Burnell? Yes. Chair votes yes. The motion carries. Good luck.

1:12:576

Thank you very much. Thank you.

1:13:01 – 1:13:191

Next, we have next, we have case BOA1810466 with the address of 94 To 96 Saint Mark's Road. If the applicants and or their representative are present, will they please explain to the board?

1:13:20 – 1:13:5030

Thank you, mister secretary. Good morning, madam chair, members of the board. My name is James Christopher of six eight six Architects with the business address of 10 Forbes Road in Raintree. I'm here today on behalf of Ray Butler at 94 To 96 Saint Marks Road in Dorchester. The proposal before you is to construct a to extend an existing curb cut to allow for two off street parking spaces for 94 To 96 Saint Marks Road and then to legalize an existing 3rd Floor unit.

1:13:51 – 1:14:3530

So you can just scroll through the plans, mister Ambassador. There is no construction to take place on the project other than a new these are existing floor plans. So that the 1st Floor is a unit. The basement is currently storage out or remain storage. Next slide, please. Again, 2nd And 3rd Floors. The 3rd Floor unit exists that way, and it has existed that way since prior to mister Butler purchasing it. He's always operated it as a two unit building, but we we are here to legalize it today as a three unit building. This is our existing building section and roof plan, and then the existing elevations. Next slide, please.

1:14:36 – 1:15:0430

So here's our proposed site use plan. Again, extending the existing curb cut. Our abutter is a corner lot. So there's no parking from that curb cut to the corner. So at that extension, we are able to get two parking spaces to the rear of the property. We are aware of the BPDA's recommendation for approval with design review with attention to the parking layout. We're happy to work with the BPDA on that. Next slide, please. So again, that's our architectural site use plan there. Next slide.

1:15:05 – 1:15:5030

The building itself remains exactly the same. There's no interior construction to take place. The first and second and first floor and basement will remain. If you go to next slide, please. On the roof of the 2nd Floor, which is this plan right here for the porch, we're gonna add a small balcony for Unit 2 just to create a little bit of outdoor space towards the front of the property. But that's the only change to the exterior of the building. We will be adding a full fire alarm and fire sprinkler system. And that just shows the front elevation and side elevation there show the addition of the small balcony. And that's it. With that, we held an abundance meeting with the project, received support, and, the Saint Mark Civic Association provided support as well.

1:15:520

Thank you. Are there questions from the board? Hearing none, may I have public testimony?

1:16:01 – 1:16:299

Hello, madam chair, members of the board. My name is Eva Jones representing the mayor's office in Neighborhood Services. Regarding 94 And 96 Saint Marks Road, our office defers his award's judgment. A community process was conducted, including an abutters meeting held on Monday, 03/02/2026 that was attended by two Dorchester community members, where the feedback they gave was supportive. And they mentioned some struggles with parking in the neighborhood, But we're happy to see a plan that helps alleviate these issues and by someone who has been a good neighbor to them.

1:16:30 – 1:17:009

The proposal was connected with the Saint Mark's Area Civic Association where they expressed that a vote was taken resulting nine in support and zero in opposition. All of Butters present, including nonmembers, were also in support. Additionally, six letters of support were submitted by director Butters who were unable to attend the Civic Association meeting. As a result, the Civic Association is in support of this proposal and provided a formal email submitted to the board. At this time, the mayor's office of neighborhood services refers to the board's judgment on this matter. Thank you everyone for your kind consideration.

1:17:026

Hello, madam chair, members of board, Liam Remus from council Fitzgerald's office. I also let go on record in support of this proposal. Thank you.

1:17:100

Alright. Thank you.

1:17:1110

Madam chair, there are no additional comments.

1:17:140

K. With that, may I have a motion?

1:17:1831

Motion to approve. Are

1:17:250

you adding the provisals from the planning department?

1:17:3123

Yes, ma'am.

1:17:3217

I'm sorry about that. Yes.

1:17:33 – 1:17:450

Okay. So to review with attention to redesigning parking layout and to preserve existing trees. Is there a second? I'm sorry.

1:17:4510

Second. That's all.

1:17:470

Thank you. Mister Stembridge?

1:17:491

Yeah. You, madam chair. Yeah.

1:17:550

Mister Valencia?

1:17:580

Mister Langham?

1:18:030

Miss Wewell? Yes. Miss Turner?

1:18:110

Miss Burnell? Mister Burnell? Yes. Chair votes yes. The motion carries.

1:18:1730

Thank you for your time.

1:18:21 – 1:18:351

Next, we have case BOA1703937 with the address of 2 To 8 Dyer Street. If the applicants and or their representative are present, will they approve the 20?

1:18:4610

I think this is Joseph Luna. Do we have you now?

1:18:520

Yes, sir. Okay. Great.

1:19:00 – 1:19:1617

Okay. Mister ambassador, madam chair, members of the board, my name is Joseph Luna. I'm the principal Luna Design Group Architects. I represent our developer of New Group Realty for proposed project at 28 Dyer Street. Can we go to the next slide, please?

1:19:18 – 1:20:1017

This project actually was a single this parcel was originally a single parcel, approximately 6,926 square feet on the corner of Kappan And Dyer Street. 12 Kappan, which is the building to the left, has since been renovated and subdivision, and that project has been sold. We are now talking about the new parcel to the right, which is approximately 3,416 square feet, where we plan on constructing a four unit townhouse with approximate total area of around 9,500 square feet on a two thousand three hundred three hundred square foot footprint. We are providing ground floor parking, which with two car garages in a tandem configuration across across that. We were flagged for parking on the zoning violation, which one well, five is required.

1:20:10 – 1:20:4817

We actually have these garages are able to accommodate two, so I don't know specifically why they were flagged on that. But you can see that the those are standard sized cars that can fit inside there. Next slide, please. We will then have three stories on top of that, which will include four bedrooms, two and a half baths with rooftop decks. This is family style housing, and again, we're trying we're trying to maximize the number of bedrooms inside this to for this project to basically accommodate family families in the area.

1:20:49 – 1:21:2617

Next slide, please. Keep going. We've got a little of the elevations. Okay. You can see the parking on the lower level. It's a contemporary style building with a combination of vertical siding with a lot of windows along along the Dyer Street facade. Because of the proximity to the side yards, the amount of windows is is very much limited. But we feel it's an attract an attractive building to building to the neighborhood. It provides much new family housing inside the city of Boston, and I'll be happy to answer any questions the board may have.

1:21:280

Thank you. Are there questions from the board? Hearing none, may have public testimony?

1:21:36 – 1:22:1532

Good morning, madam madam chair and members of the board. For the record, my name is Jeremy Bembury. I'm the Georgia State Community Engagement Specialist for the Office of Neighborhood Services. The applicant has completed the community process, which consisted of an abutters meeting held on June 24 during which no abutters were in attendance. Next, the proposal was presented to the redefining our community organization on September 18, completing the community process. Following this, the organization requested that the point of return for a second presentation, the opponent feeling they have satisfied the civic aspect of the community process declined. Afterwards, the Civic Association issued a position in opposition to the proposal. Thank you for your time, and the mayor's office of neighborhood services would like to defer to the board for the future.

1:22:170

Thank you.

1:22:1810

Madam chair, we don't have additional hands raised at the moment.

1:22:220

K. Is there a motion?

1:22:265

I actually do have a question.

1:22:280

Oh, yes, ma'am.

1:22:29 – 1:22:425

So there's a note from the planning department that this should be in line with the neighboring buildings. Can you just show on the site plans once again what the what that looks like?

1:22:4221

Can we go back to the slide?

1:22:445

Thank you.

1:22:5228

Okay. The first second slide there?

1:23:006

Yeah. We don't have Line with

1:23:0217

the alpha splitter? Yeah. We don't have a a model set. There's a rendering separate slide with the whatever that could

1:23:096

be pulled up. No.

1:23:1217

It's a it's a separate file. I don't know

1:23:1311

if it's in the in

1:23:1417

the presentation here when we submitted to to zoning.

1:23:215

But they're not they're not in line with the neighboring buildings?

1:23:246

So, no, they're not.

1:23:255

Right. Thank you.

1:23:278

Do you I do you know what

1:23:29 – 1:23:4017

the the distance is from the property line to the The property line to the building, we are right now about two and a half feet.

1:23:448

This is on Capen or on Dyer? On Dyer. On Dyer.

1:23:481

On Dyer.

1:23:49 – 1:24:008

And the two and a half feet is to actually, can you go to the next slide? That's slide number three. So just I turn out. Should

1:24:007

that's the cantilever condition. Let's go to

1:24:0217

the next slide over. The two and a half feet is actually at the Upper Floor. You can see how it cantilevers over on the angle.

1:24:108

Okay. So you so you have

1:24:12 – 1:24:2717

a a larger setback on the A larger setback along along the front. Okay. So if you go back to the first slide, you'll see how it's offset from the parking. That's approximately six feet.

1:24:41 – 1:24:520

Other questions on this or anything else? Are we ready for a motion?

1:24:55 – 1:25:068

Yeah. Madam Chair, I'd like to put a motion of approval with a proviso that no relief be granted for the front yard so that front yard that so we there is at least

1:25:0628

a front yard of five feet

1:25:108

on Dyer Street. We

1:25:1417

have no objection.

1:25:190

Okay. May I have a second?

1:25:2217

Second. Mister

1:25:240

Snubridge? Yes. Mister Valenzia?

1:25:320

Mister Langham?

1:25:350

Miss Wewell? Yes. Miss Turner? Yes. Mister Burnell? Yes. Chair votes yes. The motion carries. Thank you

1:25:4517

very much. Thank you. Bye bye.

1:26:050

Are you you're on mute, mister Stembridge.

1:26:09 – 1:26:371

Okay. Let me try this again. Thank thank you, ma'am. Sure. This is case BOA1800604 with the address of 4 Adams Street. This is a mayor office housing housing project. And if the applicants and or their representative are present, will they please explain to the board?

1:26:37 – 1:26:5723

Yes. Thank you, mister Stembridge, madam chair, members of the board, attorney Ryan Spitz with Adams and Maranti. Address of 168 8th Street, 1st Floor Of South Boston. Joining me today is the applicant, Reggie Woods, as well as the project architect, Jacob Levine. This was a mayor's office of housing property where an RFP was issued, and mister Woods was awarded the parcel.

1:26:57 – 1:27:4223

The proposal is to raise the existing structure and erect a new three story, three unit residential building on a 6,100 square foot lot located within a two f 5,000 subdistrict. This triggers the need for insufficient lot size as this proposal is considered in other use which requires an 8,000 square foot lot rather than the 5,000 square foot typical requirement. It has also resulted in a use violation, but the relief being sought is very similar to the lot sizes and density patterns in this area. Further, the site is located adjacent to Clary Square and commuter rail, which makes it well suited to accommodate additional housing. Unit 1 will be located on the first floor consisting of approximately 1,391 square foot two bedroom unit.

1:27:42 – 1:28:0823

Unit 2 will be located on the 2nd Floor consisting of approximately 1,414 square feet, another two bedroom unit. Unit 3 will be located on the 3rd Floor, consisting of approximately 1,414 square feet, which will be a three bedroom unit. Each unit will also have a small deck located in the front in the rear of the building that is set within the building itself. We have the following additional violations. We have a floor area ratio violation.

1:28:08 – 1:28:5023

The maximum is a point five, and the proposal calls for approximately a point seven, which is aligned with many of the other neighboring buildings. We have a height violation both in feet and stories. The requirement is two and a half stories and 35 feet. The proposal calls for three stories, 39 feet. A three story building is consistent in this area with many of the other triple deckers. We have a side yard and rear yard violation. 40 foot rear yard, and a 10 foot side yard is the minimum. The proposal calls for 36 feet in the rear and 15.5 feet on the side. And on the other side, it is five feet. But consistent with other neighboring properties such as 6 Adams Street, 16 Adams Street, and as well as 1426 River Street, just to name a few.

1:28:51 – 1:29:3123

We have open space violations, 1,750 square feet per dwelling is required, and this proposal calls for 785 square feet per dwelling with a lot size of 6,100 square feet meeting such a high requirement would be infeasible and is consistent with many of the other neighboring buildings. Further, the parcel is very close to Reservation Road Park and as well as the Smith Playground. Parking via insufficiency, two parking spaces required per unit, and the proposal provides one parking space per unit, again, which aligns with the mayor's initiative reducing dependency on private vehicles in a neighborhood that is very close to transit. At this point, madam chair, I'm gonna pause for any questions or comments from the board.

1:29:320

Thank you. Are there questions from the board?

1:29:37 – 1:29:548

Yes. I do have a question, mister Spitz. I believe there was a quest a letter submitted by the Accessibility Commission in regards to accessibility of the 1st Floor unit. Is there any plans to to make sure that the 1st Floor unit is accessible?

1:29:5423

I am not aware of the letter as such. I haven't been told of any such, but I'm sure, you know,

1:30:012

if if, you know, I mean, if

1:30:0323

you wanna make a couple of statements and hopefully I can just try to help address it.

1:30:09 – 1:30:218

Yeah. I'm I'm sorry. I don't I don't I don't have it available to me right right now. I I think I did notice that, but, you know, typically, a building this size would require the 1st Floor unit to be accessible.

1:30:21 – 1:30:3223

Mhmm. I mean, we're happy to work together with that accessibility letter. We do have a project architect here as well. So again, you know, further in the process itself, again, we're we're happy to work together in addressing the

1:30:32 – 1:30:581

accessibility issues. What what what Andres is referring to, excuse me, is that Disabilities Commission says the building entrance the building entrance is not accessible. Since it is a three unit building, a common entrance and the Ground Floor unit must be accessible, and then it cites the the what what where that comes from.

1:30:59 – 1:31:2023

Great. No. We're we're happy to comply, you know, with the correct request. We do have Jacob Levine here if if you would like some input on, you know, the possibility of how he could make it more accessible as well. He would just have to be elevated as a panelist. I believe he's under SL House.

1:31:21 – 1:31:5833

I'm here. Thank you, Ryan. My name is Jacob Levine. My address is 27 Congress Street, and I'm the owner architect on the project for SL House Group. We were working with Carl Heckmave from the mayor's office of housing. He's one of the city architects on the project. And he was asking essentially to have the 1st Floor be accessible with a long walk or a ramp. So he was looking at either a one to 20 ramp or a one to 12 ramp. So he wanted us to lower the 1st Floor entry to 18 to 24 inches. I had it originally about three feet above grade.

1:31:59 – 1:32:4133

And we never actually discussed, though, the 1st Floor unit itself being an ADA qualified unit or a handicap ready in the future unit. We just discussed that the main entry itself into the building be accessible by a ramp instead of steps. And that would actually set the building back further, which was something else that we were kind of talking about. Just one other thing to note working with Carl was also the height of the building. He actually proposed the gable being a little bit taller. So that's how we ended up on the 39 feet over the 35 feet. So the entryway being at at a slope ramp up was coming from the city.

1:32:421

And that's all we're mentioning as far as I can tell. So Okay.

1:32:4523

Great. But, again, you know, just to show you, we'll continue to work on the accessibility issues. Fair enough. Fair enough.

1:32:540

Thank you. Other questions from the board? May may I have a testimony? Yes.

1:33:01 – 1:33:4427

Madam chair, members of the board, with the mayor's office of neighborhood services. This time, the mayor's office would like to go on record in support of this proposal. Some background information in the community process, ONS conducted a Butters meeting on January 7. There were some Butters who raised concerns regarding the proposed parking ratio and also worried about the proposed density might be a burden on the electrical grid. There was also a neighbor on that meeting who voiced support for the proposal. Prior to the Butters meeting, MOH had solicited feedback from the Butters in the 2024 and also put out an RFP for this parcel. We understand that the HBNA voted in opposition to proposals, citing concerns regarding electrical capacity as well. However, we feel these type

1:33:4411

of income restricted units are

1:33:45 – 1:34:1227

going to be positive addition for the Hyde Park neighborhood as and ensure that families are gonna have an opportunity to own these properties and contribute to the community. We also feel that improvements continue to be made throughout the city, boosting the electrical grid. And we do not worry that capacity will be a long term issue. At this time, mayor's office of neighborhood services like to reiterate their support. Thank you.

1:34:130

Thank you.

1:34:1410

Madam chair, I don't see additional comments.

1:34:190

Okay. Any other questions from the board? May I have a motion?

1:34:27 – 1:34:398

Madam chair, I'd like to put a motion of approval with proviso that the proponent works with planning to accommodate all the accessibility requirements.

1:34:410

Is there a second?

1:34:44 – 1:35:000

Mister Stembridge? Yes. Mister Valencia? Yes. Mister Langham? Yes. Miss Wewell? Yes. Miss Turner? Yes. Mister Barnett?

1:35:060

I see you. I just didn't hear a yes. Yes. Mister thank you. Chair votes yes. The motion carries. Good luck.

1:35:136

Thank you.

1:35:17 – 1:35:481

Next, we have two companion cases. The first is case BOA1807767 with the address of 1904 River Street. Along with that, we have case BOA1807763 with the address of 1900 River Street. If the applicants and or their representative are present, would they please explain the cases to the board?

1:35:49 – 1:36:117

Thank you, mister Stembridge. Good morning, madam chair, members of the board, attorney John Plagini, here on behalf of this proposal at nineteen hundred nineteen o four River Street in Hyde Park. With me this morning is Lucio Trabucco, who is the project architect. We want to thank you for the opportunity to present this proposal. I'll go over a brief overview and then turn it over to Lucio.

1:36:11 – 1:36:427

The existing lot at 1900 Dash 1904 River Street holds two one and a half story multifamily residential buildings with each containing eight units. They are one bed, one bath with 14 off off street parking spaces. The proposal before you is to change the occupancy of each of these buildings from eight to 12 units. This will be accomplished by adding one story addition upon the two buildings with four units to be located in the new floor. The building itself presents as a one and a half story building.

1:36:42 – 1:37:127

It's a bilevel building. Those old buildings, when you walk in, you can either walk down or walk up. All the new units contemplated in this project will also be one bed one bed, one bath, and the footprints of these buildings will remain as they currently are today. Additionally, this proposal, we'll create 10 additional off street parking spaces, so that will allow one to one parking ratios. The proposal allows for increase of much needed housing, and the developer is able to accomplish this with no prolonged displacement.

1:37:12 – 1:37:437

The rent at these two buildings are actually lower than IDP units since the only strategy is is to avoid vacancies by providing lower than market rent. The plan is to renovate each building separately so the building residents will be allowed to remain while the other one building is being worked on. Luckily, between the owner having other properties in this area as well as other colleagues of his, We can temporarily relocate the tenants and then bring them back when the work is completed. Gabriel, he's owned this building for twenty six years. Some it had all the units have to be refreshed.

1:37:43 – 1:38:237

So this proposal will allow for the rehabilitation of the existing units as well. Just want to go over, we have provided this board with the only three. We're on a corner of Ernest Street and River Street. The only three abutters have all signed letters to support this proposal, as well as the Boston Planning Department has recommended approval with a housing agreement and design review. At this point, I'll just turn it over to Lucio Trabucco just to go through the plans, and we're happy to answer any questions that you have. Thanks again. I don't know if he's a panelist, Jesus. Is he do you see him on?

1:38:2510

What is the name again? Let me check.

1:38:267

Lucio Trabucco.

1:38:3010

Yes. Lucio, you are allowed to speak now. You can unmute yourself.

1:38:357

Thank you very much. Jesus.

1:38:403

What the hell? Hello. Can you guys hear me?

1:38:447

Yes. We can.

1:38:450

Yes, sir.

1:38:46 – 1:39:143

sorry. No. I'm just I can't I can't see me on the screen. That's why I was a little bit concerned. I apologize. Good morning. Yes. The project sets the existing condition right now is basically two one and a half stories two and one and a half stories structures containing 16 units. The units are one bedroom units, one bath, and there are roughly 550 square foot each. The it's a brick and mortar building, which then the, you know, sliding windows.

1:39:15 – 1:40:193

The site needs a lot of upgrade as well as the the existing units have upgrade. So part of the project is to upgrade all the units, landscape, provide new landscape, as well as adding two one floor in each structure consisting of four units, 500 the same configuration, same footprint of the existing units for each building and also introduce a proof, which is basically the same a proof that exists there right now on the the the existing buildings. The news the new structure will be around 34 32 feet from the peak of the roof to the grade, and it'll be two and a half it will consist of two and a half floors of residential structures. The the elevations, I mean, if you can go to the rendering, I mean, the I can, you know, just show basically that when we're proposing, that'll be the the the one of the last slides, please.

1:40:220

Bowen, I think he wants you to keep going. Keep going. Yeah.

1:40:25 – 1:40:483

Keep going. I'm sorry. That's it's nearly near the end. I just did the rendering so that you can visualize our proposal. Yes. Yeah. That's fine. That's fine. No. No. The other one. Yeah. That one. So, basically, again, this existing brick veneer with they will remain. We'll introduce a stone band to cap you know, to to end the brick veneer.

1:40:48 – 1:41:183

And then above that would be a part board and patent wall system just to capture the building and just distinguish it, you know, differentiate between the base building as well as the top building. Again, the roof would be a hip roof as for shingles. Be all new windows. All the the existing will be replaced on the existing as well and new windows on the new. So it'll be acceptable upgrades of all the units in addition to that top floor addition.

1:41:233

Any questions on this?

1:41:27 – 1:41:388

I do have a question. Do are is you there any landscape work or that is kind of that is being done or is the existing asphalt paving staying as it is?

1:41:39 – 1:42:173

The there is asphalt paving, but also if you see along the river in between the units, there will be additional landscaping. So they'll, you know, they'll be all landscaping on, you know Yep. In in between the units, the courtyard, as well as along River Street. Oh, the other thing we're doing is proposing a screen. There's a meter electric meters, which is basically it's kind of trying to find a nice word for it, but we'll provide a screen so that that that would be, you know, away from the view of the Street. That will be part of the, you know, part of the construction as well.

1:42:220

Any other questions from the board?

1:42:255

Yes. In some of the letters of opposition, they cited issues with trash. Can you walk us through how how you manage trash for this complex? Thank

1:42:35 – 1:43:187

you for that question. So that came up at the the abutters meeting. And one thing I will say, you know, working with the neighbors, we have all the abutters who would be impacted by any sort of trash or rodents supporting this project. This project is located I don't know if you guys know the area. It's located on the corner of Ernest And River Street, almost on the High Park Dedham Line. Directly across the street is a strip mall, which has a a commercial strip mall, which has a restaurant in it. So there was a dispute of where any of this is originating. But what we've done is we have pushed the trash to one side where it will be contained inside a a smaller type dumpster that will be secure so that there will not be any possibility that anything is associated with this proposal.

1:43:195

Thank you.

1:43:2017

Oh, you're welcome.

1:43:23 – 1:43:452

Yeah. Thank you. One additional comment from the neighbors. There is concern about existing tenants losing their housing during the renovations. You mentioned that there is equipment to keep the tenants in place or move them to a temporary space and bring them back. Yes. You don't have real equipment. Are you not going to create any displacements?

1:43:45 – 1:44:247

No. No. So that's our plan. It's a very good question. We have and I think I put that in my initial presentation. These tenants have been with him a long time. They're below market rates, rents, and so what he wants to do is upgrade them, move them out temporarily. That's why we have a plan to do one building first where those tenants can remain. Then when the other one ends, they can move over to the new building, and then the other people can move back in. So, yes, we are working with them. There'll be five a minimum of five month notice to them. They're all tenant at will, but they're all invited back, and he will assist them in finding housing, as I stated, between other properties that he owned in the area as well as other of his colleagues that own property.

1:44:252

Thank you. And you also will be making a contribution of at least one affordable unit to the major office housing?

1:44:327

Correct. So it'll be an affordable unit as well as a significant contribution to the IDP fund. Correct.

1:44:376

Okay. Thank you.

1:44:410

K. With that, may we have further testimony?

1:44:44 – 1:45:1932

Madam chair and members of the board for the record, my name is Jeremy Bembury. I'm the Hyde Park community engagement specialist for the office of neighborhood services. The applicant has completed the community process, which consists of an abutters reading held on February 19 where a few concerns were raised. Abutters expressed dissatisfaction with the current condition of the property, citing issues with maintenance, including overflowing dumpsters and trash extending onto our neighboring properties. Concerns were also raised regarding ongoing road and activity attributed to improper waste management about as those that the incurred repeated cost for extermination services would eliminate success due to the continued presence of food sources on the property from the dumpster.

1:45:19 – 1:45:5332

A rarer about to report the damage to our fence caused by individuals associated with the property and expressed concern that future repairs may not prevent recurrence. Additional concerns focused on parking, with the voters indicating that the area is already impacted by ongoing construction. They stated that construction related to the prop proposal may further limit parking availability and that the proposed one to one parking ratio may contribute to continued congestion after the project completion. Next, the project presented to High Park Neighborhood Association on March 5 where they voted to oppose the proposal. To date, our office has received two letters of support and one letter of opposition from High Park Neighborhood Association.

1:45:53 – 1:46:1932

The association maintained the embores' oppositions with an additional concern regarding tenant displacement, noting noting that the residents of one building would be required to vacate without a guaranteed right to return. The association recommended improved waste management practices and urged the proponent to work with the office of housing civility providing advanced notice attendance to maintain communication during construction and offer a right to return. Thank you for your time, and the mayor's office of neighborhood services would like to defer to the board for the judgement.

1:46:2110

Next, we have Mayno Perez.

1:46:2312

Thank you, mister ambassador, madam chair, members of the board. This is Maynor Perez representing Carpenter City. We'd like to go on record and support of the parade.

1:46:3310

Madam chair, we don't have additional comments.

1:46:410

Any other questions from the board?

1:46:4310

I'm sorry. I think there is one more person that just raised a hand. Willie.

1:46:51 – 1:47:1934

I apologize about that. I thought my hand was raised and just noticed it wasn't. I currently own our 55 Sanford Street, which sits right behind the proposed project. So I I stated my main I got two concerns. One of them being the rats and rodents, and the current lawyer stated that they might be coming from those strips.

1:47:19 – 1:48:2534

But I just had I've been having an exterminator coming to my property since about November, December. And he just came last week, and we found about four new burrows, burrows that are leading to that dumpster because the dump dumpster is always overflowing with trash. And not only the dumpster, but every time I walk my dog around that property, there's trash in the front of the of the building, the one that's currently on River Street. And then they're proposing 10 parking spots behind the one closest to me, and I'm I'm looking at it right now. And there's no way they could put 10 parking spots there unless they're taking land away from the property that's in between those two buildings and my house, which, if I'm not mistaken, the owner that's wants to do this project also owns that property.

1:48:26 – 1:49:0634

So right now, they have, what is it, 12 tenants. Those 12 tenants, there's one that always parks on the sidewalk, which is illegal. So I'm pretty sure one bedroom right now, nowadays, a lot of how households usually have two vehicles. That's not gonna be enough parking. So, usually, I've had tenants from there park on my on my street, which is a private way, which is in communities for me now because I have to find parking elsewhere. But my biggest issue

1:49:060

wrap up your can you

1:49:083

your concerns? Go

1:49:0934

ahead. I'm done.

1:49:107

Can I just address

1:49:110

that just quickly, madam chair? Sure. I just wanna focus on the road. Are there any other basins? Okay. Go.

1:49:18 – 1:49:407

Okay. With respect to the rodent issue, the that was brought up initially at the Butters meeting by another resident. And the person who lives directly behind us with above the fence, that is she has submitted a letter of support for this proposal. We have a road remediation plan in place, and we'll continue with that and continue to work with the abutters as well as the city.

1:49:430

And the parking issues mentioned?

1:49:46 – 1:50:077

Parking is one to one parking. Right? I mean, it's it is not, you know, it's a total alignment with the city's goals of reducing auto dependency and one to one parking if this were an article 80 process project that would not even allow anybody to probably get to one to one never mind exceeding it. It's just that Hyde Park has a two to one parking ratio under their current zoning.

1:50:09 – 1:50:210

Thank you. Any other questions from the board? May I have a motion? And I took

1:50:2110

a clerk.

1:50:225

Put forward a motion of approval.

1:50:290

Any pro Miss Turner, oh.

1:50:348

So are are we talking about with the provisos as well or just approval?

1:50:390

I I'm asking if we

1:50:415

Oh, I'm sorry.

1:50:420

I'm adding Yes.

1:50:43 – 1:50:555

With with provisos with that the housing agreement be issued prior to issuing permits and plans to be submitted to the planning department for design review of the parking design.

1:50:580

Do you want to add, mister Brunell, anything about of the, green space you're concerned about screening a bathroom?

1:51:058

No. I think what miss Turner said is it it's sufficient.

1:51:090

Then may I have a second?

1:51:1226

Second. Mister Stembridge?

1:51:17 – 1:51:350

Yes. Mister Lancia? Yes. Mister Langdon? Yes. Miss Wewell? Yes. Mister Turner? Yes. Mister Burnell? Yes. Chair votes yes. The motion carries.

1:51:357

Thank you, everybody. Thank you.

1:51:40 – 1:51:561

Next, we have case BOA1812434 with the address of 34 To 390 LaGrange Street. If the applicants and or their representative are present, will that fully explain to the board?

1:51:59 – 1:52:3218

Hi. Good morning, madam chair and and the board. My name is Patricia Paolino, and we are hoping that today you will allow a change of occupancy to include body out in a body art in our hair salon, which will allow us to offer permanent makeup services only, not tattooing.

1:52:370

Any questions from the board? May I have public testimony?

1:52:43 – 1:53:0219

Madam chair and board members, Siggy Johnson with the office of neighborhood services. This applicant has completed the community process. Our office oversaw distribution of an informational flyer to all abutters, which solicited no comments to our office. The West Roxbury neighborhood council is supporting this application. That background, ONS defers judgment to the board. Thank you.

1:53:0410

Madam chair, there are no additional comments.

1:53:070

May I have a motion?

1:53:104

Madam chair, I'll put forward a motion of approval.

1:53:130

May I have a second? Start it. Mr. Stenbridge? Yes. Mr. Valencia?

1:53:25 – 1:53:390

Ms. Gillingham? Yes. Ms. Wigel? Yes. Ms. Turner. Yes. Mr. Burnell. Yes. Chair votes yes. The motion carries. Good luck, ma'am.

1:53:4018

Thank you very much.

1:53:450

Okay. With that, we will take a break until 11:30.

2:01:520

Mister Stenbridge? Present, madam chair. Mister Valencia?

2:01:582

Present, madam chair.

2:02:000

Mister Langham?

2:02:023

Present, madam chair.

2:02:040

Miss Wewell? Present, madam chair. Miss Turner? Aye. Oh.

2:02:135

Sorry. Present.

2:02:140

Thank you. Mister Marnell? Present. Thank you. Back to you, mister Stenbridge.

2:02:21 – 2:02:411

Thank you, madam chair. We'll now go to the brief discussion scheduled for 11:30AM. We'll ask at this time if there is any request for withdrawals or deferrals from this time frame. Mister Burn? Yes.

2:02:4136

We'll be seeking a deferral for 183 Saint Patal Street.

2:02:440

K. How much time would you oh, go ahead. Read into the record. Sorry.

2:02:48 – 2:03:041

Yeah. If you can. So this request will be for case BOA1741777 with the address of 183 Saint Vatal Street. Yes. Would you go ahead and explain, please?

2:03:04 – 2:03:3436

Yes. Good morning, madam chair, members of the board. My name is Justin Brains. I'm an attorney with Pulgeni and Norton Business address, 1010 Forbes Road, Braintree, Mass. We'll be seeking a deferral for this project as we are in an ongoing discussion with Landmarks as to some design components of the project. As we have been for the past few months, we believe that we are currently moving in the right direction, might have settled the issue soon, but we just need another month or two to iron out final details of that process.

2:03:360

Okay. Caroline, a month or two?

2:03:409

So, Justin, are you

2:03:4135

looking more for June, July, or August?

2:03:4536

Just to give ourselves a bit of a runway, can can we do July?

2:03:4935

Yeah. We have July 14 or July 28.

2:03:5336

We'll do July 28.

2:03:550

Okay. K. With that, may I have a motion?

2:04:015

Motion to defer. May

2:04:040

I have a second?

2:04:070

Mister Stenbridge?

2:04:110

Mister Valencia? Mister Langdon?

2:04:170

Miss Wewell? Yes. Miss Tern?

2:04:240

Mister Burnell? Yes. Chair votes yes. The motion carries. You then.

2:04:2936

Thank you all.

2:04:33 – 2:04:581

So with that, we'll we'll if you have no further request for withdrawals or deferrals from 11:30, then we will go to case BOA1790078 with the address of 58 Fuller Street. If the applicant and or their representative were present, would they please explain the case?

2:05:100

Is the applicant form

2:05:12 – 2:05:4210

bullet treat on? I think I see the applicant. It's general error. Your you can unmute yourself now. Okay. I think they are still in the attendees section.

2:05:4211

Yes. I believe my architect is

2:05:4426

is joining now.

2:05:4610

I think he's also as a panelist now. Yeah.

2:06:0412

If you can Hello.

2:06:063

Can you guys hear me?

2:06:080

Yes. We can.

2:06:0911

These people

2:06:0931

Thank you. Think the camera's a little dark here. I'm gonna turn around and get a little bit better light. So sorry about that.

2:06:22 – 2:06:5231

Hello, everyone. Thank you for having us today. I wanna say thank you to chairman of the board. So this project is a is a five unit building, and we're proposing where we'll have a one unit on the Ground Floor, which is elevated a little bit so we can provide parking in the back of the building. And the other two floor will have four u four units, two in two units on each floor.

2:06:52 – 2:07:3331

This project the the the units are basically identical for two bedrooms, two baths, about a thousand square feet. We try to keep the building in in terms of height comparable to the to many of the buildings that we see on the streets. There are there are a lot lot of large tree families that are at approximately the same the same height and and scale. We we we we we are dealing with a with a slope where where we we I think when we when we get to, you know, permitting that we may need to make some adjustments to. But I think what what we're doing here is okay.

2:07:33 – 2:08:0231

Thank you. So as I and this is the cycling showing the unit on the Ground Floor and the parking being provided in the in the back inside of the building by by by using the current curb cut and and and going to the back for parking. Here are the units on the on the Ground Floor, two bedrooms, two bath, and the upper floors with Floors 2 And 3 identical. Again, two bedroom, two bath. And these are the elevations.

2:08:04 – 2:08:3231

Elevation on Bowden Street and elevations on Bowden Street. I'm just missing detail that you guys are not being necessarily interested right now. So we have we goodness. Sorry. There was there a note here.

2:08:34 – 2:09:0431

So if you can go in the last in the very last page. Okay. The these pages show some rendering that we did to kinda show the scale of the building, how it fits into the neighborhood. There are a lot of flat roof buildings. As a matter of fact, there's a building right next door to us kinda on the back of a building, which is a much larger apartment building, but that's but in terms of but in terms of height, our building would probably be slightly smaller while at the same time maybe being in the same scale of the building across the street.

2:09:04 – 2:09:2931

Now you can see those wood frame, three families across the street that that are prevalent throughout the neighborhood. And and the final slide is just a foot elevation of the building on on. Actually, that'll be on Street. Thank you. With that, we're we're open to any questions that you may have.

2:09:310

Questions from the board? Hearing none, we'll take public testimony.

2:09:39 – 2:10:2432

Madam chair and members of the board, for the record, my name is Jeremy Bembury. I am the justice community engagement specialist for the office of neighborhood services. The applicant has completed the community process, which consisted of an abutters meeting held on December 4 as well as a civic meeting with the Mont Bowden Beckerman Civic Association. The civic and the neighbors opposed due to poor relationships between proponent and the neighborhood, not satisfied with the answers the proponent gives. For example, unclear about location of trash and trash management as well as no green space. Lastly, voters did specify that they were concerned about the character of the building being in line with the alignment with other buildings on the street. To date, our officers received one letter of opposition from the Mount

2:10:370

Any any other comments or questions from the board? Is there a motion?

2:10:551

Before a motion, madam chair, can the applicants the representative respond to the comments that were just made?

2:11:04 – 2:11:3031

Yeah. I would I like to to respond to that if I may. Uh-huh. We did have a few meetings with the neighborhood, and and one of the comments that we we heard was regarding maybe picking the building back a little bit to have some a little bit of more green space in the front. Also, the location of the of of the the trash, how you would be picked up.

2:11:30 – 2:11:5931

We have since figured out that there are there are multiple ways we can do it. I know there were there were some conversation about some folks not not wanting large dumpster where where where you'll have a truck come in and making noise and picking up the tracks. Some people would prefer to have individual assists with this it's a fairly small building with four units. I mean, we'll have individual bends where they can actually come down and and and and use for their own purposes. So these are all items.

2:11:59 – 2:12:3131

I mean, from from from the comments that we received from the neighborhood, they were pretty pleased with the building as it as as it looked. There were some issues about maybe providing a bit more green space and also regarding the trash location area. And it and and I think one of the first one of the issues that one of the things we promised the neighborhood is while while if we are sent to work with BPDA, these are the items that we will be glad to to work out with work out with the BPDA design officials in trying to modify the the design to to satisfy those concerns. We don't think these are hard. These are the top task.

2:12:31 – 2:13:0731

We we can easily accommodate some of the concerns that what we've heard from the different meetings. Again, I we thought they were well received. There were a couple minor comments regarding those the items that I mentioned that we don't think we don't think there's an issue that we'll have any problem addressing. I think we would I think that the the size, number of units, the the fact that we're providing is five parking spaces for five units, I think those were well received. So we felt like the major hurdles we're able to accomplish and satisfy. So these minor items, I think, through the BBDA review process, we should be able to to get to a to a satisfactory conclusion.

2:13:091

Thank you.

2:13:1031

Thank you.

2:13:120

Thank you. Any other questions from the board? May I have a motion?

2:13:231

Madam chair, I'll make a motion of approval with provisos from the

2:13:2715

planning

2:13:27 – 2:13:461

department that the front yard's depths be increased at least four feet on the front on the lot frontages facing Bullard Street and Boden Street, and that the plan to be submitted to the planning department for design review with special attention to the site plan and parking design.

2:13:470

Thank you. Is there a second? Mister Stumbridge?

2:13:550

Mister Valencia?

2:13:590

Mister Langham?

2:14:03 – 2:14:160

Well? Yes. Miss Turner? Yes. Mister Burnell? Yes. Chair votes yes. The motion carries. Good vote. Yep.

2:14:20 – 2:14:311

Next, we have case BOA1800610 with the address of 1740 High Park Avenue.

2:14:355

Yes. I need to recuse myself from this case.

2:14:388

So will it be accusing myself from this case too?

2:14:410

Okay. We will be a five member board. I think, mister Spambridge, were you done reading it into the record?

2:14:49 – 2:15:101

Yes, madam chair. And Okay. The there is a note that that it does have a something from the from the planning department. So I would say this is our case. And with that, if the if the applicants and or the representative are present, will there

2:15:10 – 2:15:277

be Thank you, miss Shembridge. Good afternoon, madam chair and members of the board. Attorney Jean Paul Gino on behalf of this proposal is 1740 High Park Avenue. With me today is John Garland, the team architect, and we appreciate this opportunity to present this proposal. And yes, it is in article 80.

2:15:27 – 2:15:577

1740 High Park Ave, the zoning is local industrial. This lot size is 11,251 square feet. The proposal before you was to develop the currently underutilized construction yard at 1740 High Park Ave and construct a new five store new five storey, 42 unit residential building with on-site parking. The unit mix of the new building will be eighteen one beds, twenty two two beds, and two three bedrooms. Seven of these units will be affordable under the city's inclusionary development zoning policy.

2:15:57 – 2:16:457

Residents will have access to outdoor patios and roof decks, amenity space. Additionally, there'll be 19 garage spaces along with one to one residential park bike parking. This project is a result of an intensive pre file process with input from both the BPDA as well as the MBTA, and it was approved by the Boston Planning Department Board on 09/18/2025. The proposal will live in the stretch of High Park Avenue, which is located in the corner, defined by aging industrial uses with new residential opportunities to provide a great boost to the city's housing stock while having minimal negative effect on the surrounding neighborhoods. Additionally, this proposal is located adjacent to the Reveal Commuter Rail Station, an area that has been identified as a residential growth corridor by the city's planning study.

2:16:457

I will now pass it over to John Garland to go through the plans, and I'm happy to answer any questions at the conclusion of his presentation. Thank you.

2:16:54 – 2:17:0537

Thank you, John. Good morning, Madam Chair, members of the Board. I'm Jonathan Garland with JGE Architecture and Design. We're the architects for the project. I'll walk you through a brief slide presentation.

2:17:06 – 2:17:5137

So here you see to the middle right hand side of the slide, the site location were bounded by the MBTA commuter rail yard to the right, as well as High Park Avenue, the main thoroughfare here, and then the Reedville residential district to the left of the plan. This is a series of photographs just looking at the curvature of the of the hill along Hyde Park Avenue. Our site is just south of that in this drawing. This is an image image from down at the lower edge of the site directly adjacent to the rail tracks. We're experiencing what is currently a 17 foot grade change between the lower aspect of the site and what's up at the street level High Park Ave just over the stone wall.

2:17:52 – 2:18:2837

These in this image, these three images in the bottom show what has recently been approved in the area and what's currently going through the city's process. In fact, the building to the far right is pretty nearly complete in terms of construction. And then again, just for context, our project is in this beige color in lower middle here just to give you a sense of what's planned for the area and then comparatively the size and scale of our project. This is a site survey. It just shows a lot of the meets and bounds and site logistics of the current day condition.

2:18:29 – 2:19:1137

We also wanted to show the elevation, the straight on look of the building in the context of our neighbors to the left. The two projects to the left, seventeen oh two and sixteen ninety, are going through the city's permitting process. And again, comparatively, we're a much smaller building to the far right on this image. As far as open space and streetscape improvements, we've worked really diligently with the Boston Planning Department, the landscape urban design team there to provide street trees, realignment of the street network to incorporate a bike lane as well as visitor bike parking on the street. And that's been a collaboration with our budding properties as well.

2:19:12 – 2:19:4937

And then we're showing what is ample vegetation and a furnishing zone right in front of the entrance of the new building. This is a streetscape section that shows again vehicles on High Park Avenue, the bike lane, street trees, walkable sidewalks and then a planting zone right in front of the building. Some of the pallet, exterior material pallet that we're considering. This is the site section looking through the site. So again, High Park Avenue is higher Then there's a great drop of of about sixteen, seventeen feet to the MBTA access road.

2:19:49 – 2:20:3437

The building itself above grade will be approximately 58 feet. The lowest level of the plan is the parking level, which is down adjacent to the MBTA rail yard flush with that condition and we're showing parking that lines the perimeter, bike access is also down at this floor and elevator and stair access comes down to this lower level. Up at street level High Park Avenue, we're showing the main entry common living room space as far as amenities and then a balance of one, two and three bedroom units around the perimeter. Up at the very top, we are showing a roof deck that looks out back toward the city skyline. And then a couple of exterior images.

2:20:34 – 2:21:2437

So our building is right here in the foreground, then you can see 1702 just off in the distance there. We're also working creatively to restore and retain the WPA wall that's on the site and part of a historical element within the neighborhood. A shot looking back the opposite direction toward Reedville where our building is further back in this cream color and warm tone metal accent. As far as the material palette, we're looking at an artisan fiber cement siding, composite metal panel in this brown warm color, a warm gray full depth brick at the base of the building, storefront glazing where the entry is, and then punch windows at the residential floors. That concludes our presentation.

2:21:2437

I'll turn it back to John and to members of the board for any questions. Thank you.

2:21:310

Thank you. Are there questions from the board?

2:21:373

Yeah. I have I have one small question. Mhmm. I might have missed something. Will it will there will there be any handicap units in this building?

2:21:4737

I think there will be. Oh, go ahead, John.

2:21:502

I didn't hear you.

2:21:5237

Yes. There will be.

2:21:532

Okay. How many units?

2:21:5637

There will be five sorry. I'm gonna do the math right right now. Okay. 5%.

2:22:062

Okay. Thank you.

2:22:0837

Thank you. Yep. About two units.

2:22:110

Other questions from the board? May I have public testimony?

2:22:18 – 2:22:5427

Yes, madam chair, members of the board. Connor Newman with the mayor's office of neighborhood services. This time, the mayor's office to defer to the judge from this board. Back information says, this went to a Boston planning community process over the 2025, ultimately receiving board approval in the 2025, September, I believe. They did meet with the Greenville Watch Civic in this area, which was opposed. I understand their primary concern was the parking ratio. They would have liked to have seen more on-site parking. That information will defer to the board. Thank you.

2:22:550

Thank you.

2:22:5710

Madam chair, we don't have additional comments.

2:23:000

K. Any other questions from the board? Do you wanna speak to the parking comment, mister Boggini?

2:23:10 – 2:23:327

Sure, madam chair. So as I stated in my presentation, this proposal is literally on the commuter rail station. Our backyard is the commuter rail station. So we went through a planning study with the BPAs associated with the article a process, and they thought the ratios of parking were adequate. And working with them, that's how we came up with these parking ratios.

2:23:330

Thank you. Thank you. Without that, may I have a motion?

2:23:402

Motion, I make a motion of approval with, Landon Parliamentary Review.

2:23:450

Is there a second?

2:23:461

A second.

2:23:480

Mister Stenbridge?

2:23:510

Mister Valencia?

2:23:550

Mister Langham?

2:23:580

Miss Wewell? Yes. Chair votes yes. The motion carries.

2:24:037

Thank you, everybody. Enjoy your day.

2:24:056

Thank you. Thank you.

2:24:09 – 2:32:340

Okay. And with that, it looks like we'll take a break again until twelve until the 12PM interpretation. K. Mister Stumridge?

2:32:351

Present, madam chair.

2:32:380

Mister Valencia? Present. Mister Langham?

2:32:4317

Present, madam chair. Miss Wewell?

2:32:474

Present, madam chair.

2:32:490

Miss Turner? Present. Mister Bunnell? Present, madam chair. Thank you, mister Stenbridge.

2:32:59 – 2:33:351

Yes, madam chair. We are here for the interpretation case schedule for noontime, and this is for case BOA 1834448 with the address of 87 West 7th Street. If the applicant and or their representative and someone from the inspectional services present, will they please explain? Okay.

2:33:39 – 2:34:0210

I'm gonna James, I'm gonna elevate you as as a panelist. You are ready to meet yourself. You're available to meet yourself now.

2:34:19 – 2:34:3035

Should be Joe Hanley and Nick Szoula. Maybe they're on Tim's Zoom.

2:34:318

Yeah. Joe is supposed to be present. That's true.

2:34:4610

I know if they're having trouble with their audio.

2:36:040

Are those folks able to get back in, or what happened?

2:36:0810

They already

2:36:110

Okay. James

2:36:1210

is on the panelist section. I'm not sure.

2:36:1638

Hey, madam chair. This is attorney Nick Zoula. Sorry. Joe Hamley and I were having trouble. I don't know why. Maybe we joined a little

2:36:23 – 2:36:4638

late. I believe Jesus attorney Hamley is on as an attendee. If you could move him up, and apologies to the board on our behalf for the technical issues. Jesus, he should be on. There you go. And I believe attorney Hamlin should be now on with myself shortly. I think he's on now as a panelist.

2:36:480

Yeah. I see. Thank you the best for last, so don't disappoint.

2:36:53 – 2:37:0711

Understood. Thank you, madam chair. Sorry about that, members of the board. With you now, I assume this has already been called into the record and maybe have an opportunity to present.

2:37:080

Yes, please.

2:37:10 – 2:37:3511

Yes, ma'am. Okay. So again, for the record attorney Joe Hanley, McDermott Quilty Miller and Hanley. I'm here with my partner, Nick Sizzula, well as attorney Mike Ford, and our client who is the owner and applicant here, Jim O'Donohue. So this is a pretty simple interpretation matter.

2:37:36 – 2:38:4811

We previously, we had submitted what you're going through now, which is basically a 92 page submission. But really, it's encompassed in the three to four pages of our letter and outline and the exhibit shows some really helpful information. So existing property site at 87 West 7th Street in South Boston. It is a long blighted and distressed three story residential building that has been on the record with Inspectional Services and the Housing Court is a derelict property. My client acquired the property recently, just recently, totally unrelated from the previous owner and went to the assessing department in the city at that point to have an inspection done by them because there was some sort of a confusion as to the records with assessing as to whether it's assessed as a single family or a three family.

2:38:48 – 2:39:5411

The facts of the matter are clearly shown in the attached as well as in all the city records that this is a pre code three family. It is we believe that it's remained as a three family since probably 1954. And there are records to support this and there's also a March 2026 inspection report by James Sullivan noting that the three family building is uninhabitable and needs quite a bit of work. We petition ISV through its occupancy committee and this request is to ask for reconsideration of their determination in compliance with the commissioner's bulletin. We were told that it should instead be a two family that is not supported by either the facts in the field nor any filings with the city.

2:39:54 – 2:40:1711

And most importantly, it would be contrary to established land use practices in the city of Boston in this board. So very quickly, this three story building, there are existing units on each floor. They all each of which have their own doors, their own kitchen, their own bath, their

2:40:19 – 2:41:1111

they each have their own separate gas and electric service connections. If you go into the basement of the building, there are three former gas main hookups in the basement and an old fuse box with three separate sockets, again for the three units. The condition of the property had our architect in addition to the assessor and Mr. Sullivan and there was another recent inspection by ISD yesterday clearly shows that there has been no work done to this building for several decades. There's no question that it was never made into a single family and that it has been a three family.

2:41:11 – 2:42:0411

What's at issue here is in 1981, it appears as if there was a filing to change occupancy to a three family by the prior owner and to install a stove in the basement. That work was never done. There was never a permit issued. There was never any inspections and there was never a CO issued. Subsequently in 02/2013, it was tax reverted to a three family for taxation and there was a property card in those records that noted that the owner then needed to convert to a three family for approximately $200,000 in order to take advantage of a single family taxation.

2:42:04 – 2:42:3711

Again, that work was never done. There's no records in the city. There's no inspections. And so the point being here, Madam Chair, members of the Board is, it's my understanding that, for example, if I have a piece of plan and I come to you and I ask for approvals for a new six story building and 100 units, I don't get that occupancy unless and until I do the work, I have it inspected and I have it certified. So this building is a three family.

2:42:37 – 2:43:2411

It has been. It's been recognized as such on in 1954, 1964, 1981 in the ISD building jacket, which is part of the exhibit. The commissioner's bulletin does not the assessing categorization while it looks like maybe the prior owner at one point was able to take advantage of a lower tax basis without doing any work. That does not change the occupancy and it's also not provided for in the commissioner's bulletin. And so our final conclusion is that, you know, this is a property where the public and the city has a strong interest in seeing its derelict condition removed and restored.

2:43:24 – 2:43:4111

All my client is looking to do is take advantage of the as is conditions and the pre code use and to improve this building so that it is productive for three family housing. If it was deemed

2:43:41 – 2:43:5811

be a single or a two that would cost significant resources and take structural modifications to restore it to something that we don't believe ever existed. And and with that, I'll I'll I'll rest and let this speak for itself. But thank you.

2:44:000

Can I ask when when it was last occupied and how was it occupied?

2:44:10 – 2:45:2911

Yeah. So so the family that so my client closed on it in November '25 and prior to that there was my understanding is the gentleman who lived there passed away and so this was through some sort of an estate and due to its condition and some of these aspects it was a and it stayed on the market for a while because not every buyer could get their hands around it. I will say that before my client closed on the transaction because we noticed this issue with assessing, he went down and visited the assessing department and that's when they did an inspection and that's when we went through this process of seeking occupancy committee review through the commissioner's bullets. And I do think that we had several discussions with ISD, counsel for ISD in particular, noting the numerous housing court actions. And apparently, this building prior to my clients ownership of it was sorts of a lot of nuisance and headache for the city and the neighborhood.

2:45:311

On either side of the building are three story buildings. Is this a three family three family district or do you know?

2:45:42 – 2:45:5811

It's it's actually yeah. I'm sorry, mister Stembert, if I understand you correctly. Yeah. Three story building. Each floor has a unit that seems to have been there with unchanged and certainly unimproved for several decades. And the underlying zoning

2:45:581

So three families are common in the neighborhood?

2:46:0211

I'm sorry? So, like, Three

2:46:040

story eighty five. Is 85 a three bedroom a three family or a two family? The it's it's a butter. 85. What is that?

2:46:1311

Sorry. I'm not I'm not I'm I'm losing the the Volley. The

2:46:180

It's it's a butter. 85. Are they a also are they a three family?

2:46:2417

I have no idea what

2:46:2511

they are. Maybe mister Donahue does. They're not Joe

2:46:29 – 2:46:4238

Joe I can chair and mister Stembridge, yes. It's a condo building next door, and we are in a multifamily residential subdistrict. And so the use is an allowed use as a three family.

2:46:431

Thank you. You're welcome.

2:46:4526

Other questions from

2:46:460

the board? I have a

2:46:47 – 2:47:244

question, madam chair. So my understanding is nonconforming uses are abandoned after two years if they're not sort of maintained. So if this wasn't a three family for the last two years, how can we sort of deem it a three family to maintain that sort of nonconforming use or structure that it you know, there's no doubt it was at some point, but it seems like the use has been a mix over time. But can you speak to the kind of two year?

2:47:24 – 2:47:4411

Yeah. And respectfully, it hasn't been a mix over time. It's it's never been anything but a three family. So the prior owner was trying to take advantage of lower taxes without doing any work and without getting a new occupancy. So it's not a question of abandonment.

2:47:44 – 2:48:4011

It it would be arbitrary and totally illogical to establish any other occupancy because there's no there is no certainly no record of a single family that hasn't been abandoned. Again, you look at the exhibits, this use in occupancy goes back to 1954. It's recognized again in the sixties and again in 1981, which is when I assume they tried to take advantage of the less taxes and then, you know, was again categorized as a three because this is about revenue to the city. Right? And you have you have records in there where the owner was directed and apparently suggested that it was going to change the occupancy, but that work was never done.

2:48:40 – 2:49:0911

And again, you can't so it can really only revert to one thing and that would be its established existing use. There is no recent history for a single family or anything else. And then if you look at the field conditions, it's pretty clear. You have three separate demising units with no recent work done in several decades. I mean, I think it speaks for itself.

2:49:09 – 2:49:3011

And you also have a report from the inspector that confirms that as well as a visit from the assessing department. So I don't think it's an issue of abandonment. I think it's again, what would be the legal basis to call it anything else but which it has been as a pre code structure under the zoning code.

2:49:31 – 2:49:454

Well, can I ask a question? Did when was the last time somebody lived there? Because it did you say the owner lived there and passed away? That indicates one person living there.

2:49:46 – 2:50:000

Yeah. So maybe my related question is when was the last time with three different occupants in the since you're saying it was a three family, when was the last time all three units were occupied by different families?

2:50:00 – 2:50:2111

I do not I do not know how many people lived with him, but certainly you can can live in a three family and live on one unit. If you look at that 1981 notation in the assessing card, it said that he was staying in the 1st Floor. I'm sorry. 2018.

2:50:2339

He was he died in late twenty four, was people in the house until then.

2:50:3017

Yeah. So they made I think the

2:50:32 – 2:50:470

question is prior to this owner, when because you're saying it was a it it's it was a three family. When was the last that was occupied as a three family? So not this current person who obviously is in one unit.

2:50:4911

Right up until the point it was, you know, till he passed. Go ahead, Jim. Jim O'Donohue was the proponent.

2:50:57 – 2:51:1739

So the gentleman passed in late twenty four. So and I bought it. The gentleman passed away in late twenty twenty four, and then it went into probate, and then I purchased it in November '25. So it was on the market from, like, August until November.

2:51:190

Well, and it appears to be a bit on the market as a single family because I I've I've looked it up on several different places, Redfin, Zillow, I remember they were calling it a single family.

2:51:29 – 2:51:4139

That that is a fair statement because the broker looked it up on the tax record and called it a single because that's what the tax record. But as Joe explained, there's some underlying conditions there that make that.

2:51:42 – 2:52:1611

Yeah. And it was purchased as is. And, you know, there was citation by the, with all due respect, by the commissioner of the analyst marketing sheet, which also is not part of the commissioner's bulletin and it's really not determinative at all whatsoever. So this was purchased as is. And I mean, you you had a three family where the owner was living in one of the units and certainly never did the work to convert it.

2:52:16 – 2:52:3811

I think there would be a huge injustice if you were to just arbitrarily suggest that this is some other use, that there's no record certainly after adoption of the code to support that. We know what pre code structures and how they're governed after the adoption of the zoning code in 1967.

2:52:39 – 2:53:0939

And I am just to clarify myself purchasing the property, I did not proceed to P and S until the assessor visited the property in person and confirmed it was a tree family because there was some confusion as to the occupancy by the tax people. So I went and talked to the assessor. They came out and looked at it and said, no. This is a tree family. And they readjusted the assessing for the 01/01/2026 to reflect that fact that it's a tree family.

2:53:11 – 2:53:254

I understand that. I just I don't think assessing can determine zoning. I think it's very common for people to have units that aren't legalized, and then they're taxed or in the assessor's database as such.

2:53:277

But but how could you

2:53:28 – 2:53:5011

change I'm sorry. Guess the question is how could you change this to a single if no work was ever done and the pre code occupancy is unchanged, and you're seeing these conditions with no work that was ever done. What else I guess what else that it

2:53:50 – 2:54:140

Yeah. I think going back to my original question because no one's answered my question about prior occupancy. So you you keep talking about the most recent owner, but I I'm just asking when are you aware if there was a time when there were in fact three separate occupants in the units. Is Yes. Any evidence of that?

2:54:15 – 2:54:3339

Well, you can see from the Am I good? You you can see from the conditions that everything is there, and there was, like, remnants of people's lives, Like, you know, a piece of furniture, the stove. A lot of stuff was being removed, but, like, there was pictures on the walls, that type of stuff.

2:54:34 – 2:55:1411

Yeah. And the other thing I might say is we don't have any evidence nor does the city to suggest that it wasn't. And and what's important about abandonment under the code is that it's not automatic. It's a determination that's made by the building commissioner. So, know, commissioner Joseph never made that determination unless he's making it now as part of our occupancy committee. But nobody ever came in to say, well, the three family is abandoned. And there are other circumstances that extend that. How you're marketing it, whether you're using it. Right? So I I don't think that has changed.

2:55:170

So with that, is mister Joseph on to speak to ISD's, perspective?

2:55:2610

Yes. He's on the attendee section, but he's able to unmute himself.

2:55:310

Okay. Could he

2:55:34 – 2:55:4910

Commissioner Joseph. Hi, commissioner Joseph. If you can unmute yourself, you are you have the ability to mute yourself now.

2:56:220

Yourself, commissioner Joseph.

2:56:2710

I see another person with the number 106. Yes. You you can If it's you, you can Commissioner Joseph?

2:56:380

We're not taking public testimony. Is that is that commissioner Joseph?

2:56:4235

Yeah. He's coming right now to make Okay.

2:57:37 – 2:58:2126

Yes. You are. Good morning, everyone. Good morning, board members. Good morning, madam chairs. Good morning, Joe. Good morning, James Donahue. It's Mike Joseph, building commissioner ISD. I am the one that's been working on this for the last past few months, and I have done my due diligence to be always fair, and my determination was fair to this. My determination was based on documents and data that was in front of me without having the permits of 1981.

2:58:22 – 2:59:0226

The permit of 1981 came yesterday. And if I know that there was a permit for one family, the occupancy committee would have would have done anything about this one here. But since I did not have that premise and when mister Oddado applied for this, he said no record of occupancy, and it was my duty and others to ask, to give an equivalency to this. What we did, madam chair, we sent from the assessing department. We sent inspectors there, and we checked the records.

2:59:02 – 2:59:5426

This is what assessing department told us. From 1919 from 2019 to 2025, it was one family assessing department. From 2018 to 2002 to 2018, he was three family. From 1985 to 2001, it was a two family. So my decision to allow it to be a two family, when I combine the two family for sixteen years and I combine the one family for one year, and I thought it was very fair to give it a two family.

2:59:54 – 3:00:3126

But what we learned, we learned that mister Jim, this house was advertised as one family. It was purchased also as one family. Mister Dono came here, this is information I got yesterday, before he applied for the permit, and the document room advised them, told him that it's a one family, and there is one mailbox. And my team went there a couple times. They could locate gas location.

3:00:31 – 3:00:5326

They could locate electrical mirrors. Of course, there are some panels there, but those mirrors are not there. And we said three kitchens. We cannot see three kitchens there. I was able to see two kitchens based on the all the plot plans, all the photos that they provided was two kitchens.

3:00:54 – 3:01:3326

And means of egress become a problem. They have a a fire escape that goes to some of the units, but they're not good to all of them. So this is something that needs to be totally rebuilt, and this department is not comfortable to allow it as a three family since it was not a three family from 2019 to 2025. It was when it was purchased. The new owner run to assessing department because he was coming here to apply for a three, and then he told assessing department is it three family.

3:01:33 – 3:02:2126

But assessing department at that time get it as a one family. So that's the true matter of the problem of the tenure. I believe I was extremely generous for giving this to family. And if I have known before, yesterday, there was a permit, permit number 1981, issued 1981, permit number 1182 that allow it to be only one that's part of the record here, to legalize occupancy as a one family dwelling, and one person was living there for the time at the time, mister Donero brought the place advertised as one. When I asked them for the for the paper that he bought it, he didn't want to provide that to me.

3:02:21 – 3:02:5526

I had to do my own research to get this information. So when they claimed that I did made a mistake there, there was no mistake made. I still went extremely thorough and generous and allowed this to be a two family. And based on what I see here, I might have to revoke the two family and keep the permit that was issued in 1981 as a one family because and then we can go to the process of applying for to change from one to three. As the building commissioner, I can do that.

3:02:5826

Thank you.

3:02:590

Thank you, madam. Questions questions from

3:03:0111

the board? I'm sorry.

3:03:020

I just see if there are questions. Yes. Yeah. Commissioner Joseph.

3:03:05 – 3:03:184

Yes. Madam chair, so now we're here we hear from a commissioner that, you know, due to information received yesterday, the 1981 permit was closed out as a single family. Is that correct?

3:03:2026

Yes. Yes.

3:03:21 – 3:03:324

Okay. I guess I would just defer to the law department as to whether you know, do we defer this to let the commissioner revoke that

3:03:3811

the the board. Board. There was no CEO I'm lying

3:03:4726

on this morning. Joe, I provided that this morning to the board, not you. I did.

3:03:51 – 3:04:0911

So I said we'll take a continuance or something. You can't I if I'm here representing my client, I need to have the opportunity to see the government's supposed document. We I have a 1981 filing that was never closed out, and there was never a CO issued.

3:04:1026

So Well, the the 1985 didn't have a CO either.

3:04:14 – 3:04:2611

Okay. So you're saying in in your comments that all you have is assessing records, not occupancy records establishing a single I Work was never done.

3:04:26 – 3:05:0926

Madam chair. Let me respond to that. Yeah. Often, when there is no record, we go to the assessing department to help us to make a determination on the on on the true occupancy. Usually, we go back twenty five years. From 1985 to 2000 2020, that give us twenty five years. If someone has been paying taxes on an on a number of dwellings for twenty five years, we think it's fair to give that person that occupancy. But this one here has been zigzagging. Three family, two family, one family playing games. So we don't and then we purchased the gym as one.

3:05:10 – 3:05:4226

It was advertised as one. We have record now that just came to light. It was one. 2019, they come and legalize it as one. We have one mailbox in front of the buildings. So all these things, as building officials, I have to make decisions. These are the reasons those decisions were made. One mailbox. Where are the three mailbox? Since the last time three people live there

3:05:4226

You can't answer that question.

3:05:44 – 3:06:1311

Yes. Yes. So so mister commissioner, you're talking about twenty five years ago, and then you're also saying that you are relying on records. So the assessing records, you'll see this in our exhibit, from 2003 to 2018, you don't have to go twenty five years back, shows it as a three family. And then in 2018, their property card notes that it needs to be converted.

3:06:14 – 3:06:5311

The work needs to be converted to a single in order to take advantage of that. So it follows that from 1981, while there was a permit issued, the work was never done because clearly, we know that 2003 is later and up to 2018, madam chair and members of the board, it's still a three family. It's never been converted. Then to answer just quickly, because I think this is important, if we can go back to the presentation Exhibit A, the Commissioner talked about one mailbox. It's an interesting fact.

3:06:53 – 3:07:2911

It's clearly not if you look at the preponderance of the conditions, it's very clear that a single mailbox doesn't establish a single unit. This is the photos that are very clear. And one of the things that wasn't included in the commissioner's occupancy committee was his own inspector's report, which found this to be in Mr. O'Donahue was there when that inspection was happened. If you can go back and we can provide an affidavit where the his own inspectors suggested this is a long existing

3:07:290

tree. Let the ambassador know where you need them to go?

3:07:3211

Yeah. Mr. Donahue, why don't you take us through the photos here, okay? The next page.

3:07:3711

Yep. Next page. There you go. What are we seeing here? Jim?

3:07:41 – 3:08:1639

So if you enter the building and you start in the basement, there's three meter there's three gas lines. And so let me just back up. The buildings have been vandalized several times over the last year for scrap, and people have removed everything of value from the building, including a lot of the piping, the appliances, the, electrical wiring, the copper pipe, and the pull stuff out, the neighbors have stopped them from entering the building several times, and we've stopped people going in and out several times trying to steal more pieces.

3:08:161

So if we start in

3:08:17 – 3:08:3639

the building in the basement, we have three gas meter bars. And some of them are vandalized, but you can see three connections there. Then on the next one, if you move on, you should see three fuse boxes. So there's the meter bars. You can see them.

3:08:3611

One, two, three.

3:08:37 – 3:09:0939

One, two, three. And actually, there's one missing now. Somebody broke in last week and they were stealing again, and we stopped them. They were taking more pipe out. We stopped them from taking more out of the building. And if you could roll on, please. So these are, again, the three fuse boxes. The gray box on the bottom is a fuse box that goes to each apartment. And then there's electric meters, but one has been stolen, and that that, again, happened when we were there before we got to take the pictures on that.

3:09:10 – 3:09:5811

Yeah. So the other photos which clearly show a single unit with demising walls with kitchen and bath on each floor. Now, if you have one mailbox, I think what you need to do is weigh that based on your own inspectors report and our live account of that attestation that this is clearly an uninhabitable three family. And I just think if you're going to rely on a 1981 permit that was never certified and the work was never done and you have records in front of you in 2018 that show that, that's a clear dereliction duty of the city here.

3:09:5826

And Can I please find them?

3:10:03 – 3:10:3926

Thank you. Good morning, madam chair. The 1981, permit number 1182, it was to legalize occupancy as one family dwelling. It was not to do work. It was to just to legalize it from what it was before to a one family so the one person can stay there and live there. So that's the thing. So you cannot go back in time to get occupancy even though you do expand. And after two years, you lose your occupancy if you do not use it.

3:10:3911

Right. So that single family was abandoned. And then in 2003, it was not Joe.

3:10:4426

Joe, allow

3:10:450

Can you let the commissioner finish?

3:10:4626

Yeah. Yeah. Allow me. He was not abandoned, Joe. The man died.

3:10:52 – 3:11:3326

He sold the property, and then they sold it as a single family. It was purchased as such a single family. The no owner came here to Tenpin Mass Ave, went to our document room. They gave them the occupancy of the building as a single family, went to the assessing department, and made them change it as a two family in 2026 After he purchased it in November 2025, few weeks later, he realized that what he wanted to do, he went to the and told him, oh, can you change it to three for me? I start I wanna start paying three.

3:11:3311

That's why So that so that we can pay more taxes.

3:11:3526

But but It was one family.

3:11:37 – 3:12:0011

Commissioner commissioner, you you are right. You can't go back to establish occupancy, but you can go forward. And what you're doing is you're jumping from 81 as a three family.

3:12:0026

No. No. No.

3:12:0131

So so you're

3:12:0226

I wanna correct that, Joe. Please allow me to allow me

3:12:050

to correct

3:12:0526

what you just said.

3:12:0611

What happens then?

3:12:07 – 3:12:2926

I received this permit yesterday. I just told you that. If I know there was a permit to legalize one, the process of the occupancy would have never occurred. That's when I went to the assessing department. Assessing department told me in 02/1985 to 2001, it was two family.

3:12:31 – 3:12:5826

From 2002 to 2018, it's three family. And 2019 to 2025, it's one family. That gives you a span of time of about thirty years. Within thirty years, and I take the two family for sixteen years, the one family for six years that give you seventeen years, that's a little bit

3:12:5821

more than the

3:12:5911

three family So the single family would have

3:13:011

been abandoned.

3:13:0226

That's how I I I allowed the a two families to be.

3:13:0611

When you I think you gotta read our documentation.

3:13:0926

I want get the nearest to give it up to. Yeah.

3:13:112

Yes. Think you gotta look

3:13:1211

at the 2018 assessing records in the permit. And if you had read that

3:13:1826

I did. Did.

3:13:2039

All right. So There's something.

3:13:240

So can I see if there are other board members with questions?

3:13:31 – 3:14:152

Yes. But I'm sure I'm I am wondering if it seems seems that there is a big confusion here about what documents are available to review. I wanted to ask maybe Caroline if it's an option for us to defer this conversation so the two parties can review any additional documents documentation that they have not not seen and come back more prepared because I just feel that we are going in around in in circles, and I'm not getting any new information that can help me make a decision at this moment. So if there is any recommendation from legal or other board members, I would like to know what are our our options at this moment.

3:14:16 – 3:14:3135

Caroline? Yeah. So that is an option. As you were saying, if you wanna defer, see if there's more discussion that can happen, as always, like, defer to anyone of the other board members, their judgments.

3:14:32 – 3:14:515

And I have a question. Maybe it's a point of clarification for the process. But I guess I would like to know what the homeowner is planning to do with this property. And then what's the process like depending on what they're trying to do with it, what would be the process after that?

3:14:52 – 3:15:3211

Yeah. Thank you for that. So Mr. O'Donohue plans to renovate it as is to clean it up. It's a terrible derelict building that inside. And so we want to take the three family and make it into a renovated three family. And to force us to go to the Board of Appeal would subject him to unfair an unfair process that's really just unjustified for that. So really the public wants to see this and has a strong interest in seeing the existing conditions here improved. And that's all we're looking to do. It's not a two, it's not a one.

3:15:33 – 3:15:5311

You can look at the photos. It's very clear. Occupancy has never been established. Someone tried to evade taxes in the '80s that had nothing to do with us. And my client opened it all up and is willing to pay more taxes now and just wants to clean it up as is.

3:15:548

Can I say something?

3:15:570

Sure. So

3:16:00 – 3:16:4239

there there is no subdiffuse here or anything. I'm not sure what mister Joseph is saying. I've known Mark for twenty five, thirty years. I've been going over there. And then I bought the building as a tree family with the tax office. If you go through the complete ISD jacket, 100%, there is no mention of any occupancy. The last permit was 1981, and it was never closed out. I'm not sure what Mark is talking about. I have never been over an ISD in the Plan Room. My only call to ISD because everything is online, on the record my only call was to Bridget about two weeks ago, and I asked her about the occupancy process and we had a conversation.

3:16:42 – 3:17:0439

That's my one and only ever call or visit to ISD. I'm confused as to his statement. I run a very honorable business and I keep everything above board. Like I said, there's no subdiffuge. I looked up the record. There was no occupancy whatsoever. I said, why is this a single family? I went to the tax assessor office.

3:17:0426

They said they came and

3:17:0539

looked at it. They said it was a tree family. I did that because there was no record of occupancy ever. Okay. I think we I'm confused as mister I

3:17:140

think mister Valencia is correct. We're hearing some of this. Commission. Yes. We

3:17:1826

said you brought it as a tree family. I have the NLS number here. 73423877. Yes.

3:17:2611

None of that public family. Upsets the fact that

3:17:290

there was no Okay. Thank you, guys. Thank you. We

3:17:3211

submitted the purchase and sale agreement, which said as is. I I just wanna

3:17:380

second. Thank you. Give me one

3:17:40 – 3:17:5526

second, please, madam chair. He said that he wants to rebuild it as a three family. You get it as a three family, it does not have to put sprinkler system on it. That's exactly what all this evasion is about. So if it's a

3:17:5539

We have to do Sprinklers are Yeah.

3:18:0211

We'll we'll put sprinklers in.

3:18:04 – 3:18:4726

Okay. From 02/2003, you have to make code. You have to know everything that needs to be done there, and then we have the record that says that's in one family. Ask the permission right here in charge of this department. So I issued a permit and error thinking that there was no record, and there is a record for it. My I am leaning on revoking the permits for the two family and keep the one you have from 1981 as a single family. Then you can go to the process to change the occupancy from one to three as you always wanted. And that's the way you got it. That's the way it was in the assessing department. So that's the way I would like to keep this at this point.

3:18:4826

And that I

3:18:4811

I risk my right to do that.

3:18:5026

Okay. That's really my right to do that under

3:18:5211

the disagree. So May I may I just keep say something? I I I don't wanna Very quickly. Because of my clients' rights.

3:18:580

Okay. Repeating things. So wrap it up.

3:19:01 – 3:19:4211

Wrap it up. Ramifications of this. So it this could go the other way. Correct? Where someone in all sense says, gee, that basement unit, there was there was a permit that was applied for, but there was no CO. So therefore, I get a two family versus a single. Okay? So if it is the position of this Board, I don't think it's that difficult that there's no established occupancy for a pre code structure when there's been no change and no closed out CO, then bring forward all sorts of other stuff. It can go in the other direction and no one's going to like it. But I do reserve the right.

3:19:43 – 3:19:5611

I question that 81 permit. We have it. We disclosed it. It was never closed out. And it was also time passed with further changes to a three family, and it's always remained as a three family.

3:19:560

So Thank you. We have not heard anything else new. So any comments from the board before we make a motion?

3:20:06 – 3:20:294

I mean, I have a just a question for procedures. I'm hearing the commissioner wants to change his determination to a a single family. So how what's in front of us is to determine whether they were right in deeming it as a two or if it's a three, but we don't have the question in front of us if it's a one.

3:20:297

So Right.

3:20:304

My question, I how do we proceed?

3:20:33 – 3:20:4935

Yeah. So right now, it's up to the board to determine if the board sees it as a three family versus a two family, and that's that's the board's authority on this. However

3:20:500

yeah. Miss miss Wiebaugh was mentioning that the commissioner is now suggesting something different than their

3:20:5726

than their Yes. But I'm just based on the new information I got yesterday

3:21:020

I don't understand. So our question to Caroline is Yeah. How does that affect any potential vote? So if

3:21:10 – 3:21:2735

the board determines that it's a two family, it's a two family. If the board determines that it's a three family, it's a three family. The board has the right to challenge the building commissioner's determination, which is Yeah. Why we're

3:21:28 – 3:21:4111

That's what we're asking for. So we'd love a vote. We do think that land court is the next avenue, and that's it's not to go back and forth and continue to have a discussion when the thing speaks for itself.

3:21:424

Caroline, if we deferred this to could the commissioner submit a new determination as a single? Yes.

3:21:51 – 3:22:1526

I can do that. I wanna do that because I want based on the nineteen eighty one paragraph. They asked, and it was used as one, and we got that yesterday. That has no informations. First, it was in no record of occupancy. Now we know there was a record, so we can use that. If I know that from the beginning, so this could have never gone to occupancy committee. We could have used that as a single family.

3:22:1511

And we We dispute the accuracy.

3:22:171

Send you that as a motion.

3:22:19 – 3:22:3111

Okay. We dispute the accuracy of the commissioner's, you know, reliance, and and we reiterate our request for interpretation that this be considered as a three family based

3:22:310

I understand what your request Any other comments from the board and or is there a motion?

3:22:384

Madam chair, if there's no other comments, I can make a motion.

3:22:410

Any other comments? Okay. Let's make a motion.

3:22:46 – 3:23:134

Madam chair, I'm gonna put forward a motion of deferral. I give a lot of deference to the commissioner here. He's in this work every single day. And anytime we are being asked to overturn the commissioner's decision, at least for me, it's a really high standard of review. It sounds like there's some new information where the commissioner wants to change the determination, and I think we should have that in front of us.

3:23:13 – 3:23:444

And then I also think, to the attorney's point, each case is so different. We've been asked to make this determination a couple of times now, and every single time, there's just a different set of facts and evidence that we need to consider and be very careful about considering. So I'll just say that I don't think this will set a precedent, but that's sort of where I'm landing right now. I want to hear more about where the commissioner's new determination will be.

3:23:440

So Okay. We have Okay. We have a motion to defer. Is there a second?

3:23:510

Mister Stembridge? Yeah. Mister Valencia?

3:23:59 – 3:24:170

Mister Langham? Yes. Miss Wewell? Yes. Miss Turner? Yes. Mister Burnell? Yes. Chair votes yes. The motion carries. Will move to Caroline to discuss dates.

3:24:1835

Oh, we have to yeah.

3:24:1918

For the record

3:24:2035

so for dates, Joe, what date are you thinking? Still in May, June, or July?

3:24:2711

Yeah. The sooner, the better. At the pleasure of the board, of course.

3:24:320

We would just appreciate the slides to discuss this further before

3:24:3611

you Yeah. Come No. I think it's pretty simple.

3:24:380

We're Thank you.

3:24:3911

We got most of this information.

3:24:4135

We can do May 19, June 2, or June 16.

3:24:4611

Mister O'Donohue, James, any

3:24:51 – 3:25:0239

May good. I I think, commissioner, if if you could be so kind as we could have a conference between ourselves and present the facts in a civilized manner, I think we can

3:25:02 – 3:25:1426

trust. We we absolutely, again, just reach out to my secretary, Sharon Kernan, and schedule a meeting for which we are pleased to have a conference with you. Thank you.

3:25:1411

May 19 would be great. Thank you, madam chair.

3:25:160

Thank you. Thank you. Thank thank you, everyone. Pleasure. Thank you.

3:25:2032

Have a good day.

3:25:220

next time. Have

3:25:2431

a good day, folks.

3:25:254

Have a good day.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.