2026-09-10 - Board of Zoning Appeal

00:00for public comment. I will give

00:01instructions for public comment at that

00:03time. And you can also find instructions

00:06on the city's webpage for remote BZA

00:09meetings. Generally, you will have up to

00:123 minutes to speak.

00:15I'll start by asking staff to take board

00:17members attendance for our 6:00 p.m.

00:20continuance agenda and verify that all

00:22members are audible.

00:27>> Stephen Eng

00:29>> Stephen Eng

00:30>> Present.

00:31>> Virginia Keesler

00:33>> Virginia Keesler present.

00:34>> Daniel Hidalgo

00:36>> Daniel Hidalgo present.

00:37>> Zaria Miranda

00:39>> Zaria Miranda present.

00:41>> Brendan Sullivan

00:42>> Brendan Sullivan present.

00:45>> Thank you. Uh so, our

00:49one item on our

00:50continued cases agenda is uh case number

00:54BZA 121-2288

00:58uh for 162 Otis Street. Uh Elad and

01:01Shelly Shushan uh being represented by

01:04Sarah Radigan.

01:06Um I'm being informed it was

01:12Do we just

01:14uh

01:15withdraw or should Sarah speak to it?

01:18>> There is no Sarah here.

01:19>> Oh, okay.

01:23>> Okay. Um was there anything in the

01:25folder about it?

01:29>> You have it. Sorry, everyone.

01:41There is. Okay. So, um

01:45there's a

01:47request to uh to submit a withdrawn

01:49decision.

01:51And so, I will make a motion um I move

01:55that uh case number BZA 121

02:002288

02:01seeking a variance at 162 Otis Street be

02:04withdrawn without prejudice. Uh voice

02:07vote by board members, please. Uh

02:10Brendan Sullivan.

02:12>> Brendan Sullivan um accept the motion to

02:15uh withdraw the case.

02:17>> Thank you. Daniel Hidalgo.

02:19>> Daniel Hidalgo in favor.

02:21>> Thanks, Daniel. Virginia Keesler.

02:23>> Virginia Keesler in favor.

02:25>> Thank you. Zaria Miranda.

02:28>> Zaria Miranda in favor.

02:30>> Thank you. And Stevening in favor. Uh

02:32with that uh the motion withdraw to

02:35withdraw passes and

02:38uh

02:38the case is withdrawn.

02:41And we have next up

02:44uh

02:45is scheduled for 6:15, so we've got 10

02:48minutes.

02:50Um so we'll uh

02:53see everyone in 10.

07:44>> Mhm.

09:39>> Mhm.

11:34>> Mhm.

13:29>> Mhm.

14:03>> All right, welcome back everybody.

14:05Um, next up

14:07on the agenda for 6:15

14:11is case number BZA 1222289,

14:1637 Brattle Street, uh, 7 Street Burger.

14:20Uh,

14:21attendant

14:22of AP Brattle Square.

14:25Uh, being represented by Sarah Radigan,

14:28um, seeking a special permit for

14:30operation of a quick service food

14:32establishment that meets the definition

14:34of formula business,

14:36uh, citing sections

14:37>> I'm not hearing any words.

14:42>> Oh.

14:44Am I good? Can you hear me now?

14:51>> Is there a do you have a mouse over

14:52there?

14:55>> No.

15:00>> Does the Does it touch screen or not?

15:02>> I don't think so.

15:04>> Okay.

15:07We'll be back in a sec.

15:11>> You need a mouse for it?

15:13>> I don't

15:14No, we have a touch screen.

15:18I don't know.

15:21Just speak into it.

15:23>> Okay.

15:28All right, we'll just switch some mics

15:30around. Sorry about the technical

15:31difficulties here.

15:32Uh 615 case uh BZA1222289

15:3837 Brattle Street uh

15:41you 7th Street Burger uh tenant of AP

15:44Brattle Square uh being represented by

15:46Sarah Radigan seeking a special permit

15:49for operation of a quick-service food

15:51establishment that meets the definition

15:53of formula businesses uh

15:56citing articles 11 section 11.30

16:00uh section 4.35

16:03quick-service food establishment

16:0520.54.10

16:08quick-service food formula business as

16:10well as section 10.40

16:13for special permit um and uh

16:17Sarah you're online?

16:21>> Good evening, Mr. Chairman.

16:23Uh Sarah Radigan for the petitioner. I'm

16:26sorry, I I did not hear anything that

16:28you said up until the last few words. So

16:31um I'm not sure if there was something

16:33going on with my audio, but

16:35>> Okay.

16:35>> um

16:36hopefully you weren't asking any

16:37questions.

16:37>> No, none at all. It was just uh

16:39summarizing sections you're uh citing

16:42and and what the application is seeking.

16:45>> Perfect. Thank you. Um

16:48so uh for the record uh my name is Sarah

16:51Radigan Trilogy Law uh

16:5412 Marshall Street in Boston.

16:56Um I'm here representing the petitioner

16:58which is 7th Street Burger.

17:00Um 7th Street Burger is a um burger shop

17:03uh out of New York that is seeking to

17:07open

17:08um a shop in Harvard Square in the heart

17:11of Harvard Square at 37 Brattle Street.

17:14And um with me today are um Jeff

17:18Emmanuel,

17:19I believe Dan Kestenbaum, and Dean Duffy

17:24um, from 7th Street Burger. And it's

17:27possible we have someone from the from

17:29the landlord owner of the building,

17:30Asana Partners, as well. Um, Mario

17:33Cabrera, who's been very helpful for us

17:35as we've been planning uh, for this

17:38application. Um, so as you know, under

17:41the Harvard Square overlay, if you are

17:44um,

17:45considered a formula business, a quick

17:47service food establishment that meets

17:50the definition of a formula business, so

17:51you've got I can't remember what the

17:53threshold numbers are, but we have over

17:55the threshold number of stores

17:57nationally. Um, and 7th Street Burger

18:01has at least two other locations in

18:03Massachusetts. So they do meet that

18:05definition.

18:06We need to come to this board requesting

18:09a special permit um, to allow for the

18:11use. And we have the usual special

18:15permit standard requirements as well as

18:18a set of parameters to go through and

18:21describe to you all under 11.31, which

18:23which we'll do. Um, I thought maybe we

18:26would start, if it's okay Stephen, if

18:28you could pull up the slides just to

18:30give a little visual of where we are in

18:32the square and what the um,

18:35what the burger shop is going to look

18:38like.

18:38>> Absolutely.

18:44Visibility

18:45>> Yes, exactly where I wanted to start. So

18:48this is

18:49an over overhead view. If you don't mind

18:52zooming out a little bit, Stephen, I

18:53think the images

18:55gives you a little bit more of the

18:57location in the square.

18:59Uh, well, you can uh,

19:01yep. Perfect. Okay, so we're looking

19:04we're looking down bird's eye view. Um,

19:06this is the curb of Brattle Street. I

19:09would call this the heart of the square.

19:11I don't know, some people would say

19:13the pit is the heart of the square, but

19:14anyway, the one of the hearts of the

19:16square.

19:17>> [laughter]

19:17>> Depending on your viewpoint.

19:19Um, and this is a a relatively small um,

19:23uh, retail site. Um, if you scroll down

19:27a bit, Steven.

19:29Um,

19:30this is the uh, the

19:32rendering that was done by the signage

19:34group. Um, so you can see in the little

19:36panel, it shows the existing street view

19:38with um, green lighting with the retail

19:41um, store that's um, just very recently

19:43left next to the Moscow Inn.

19:45And um, 7th Street Burger would take

19:47that location. Um, and if you just see

19:50the next uh, image there, this is the

19:52the sign um, application.

19:55Um, the sign application actually was

19:57already approved, but um, you can get a

19:59a view here of what the what the signage

20:01would look like, but you can see a

20:02simple small uh, small fronted uh, re-

20:06retail space. [music]

20:07Um, next slide, please.

20:11Actually, if you don't mind, you can

20:12just um, skip forward uh,

20:16to yep, the this view. Yep, another

20:19uh, front-facing view of what um, the

20:23retail front would look like. Um, next

20:25slide, please.

20:28Um, here's an image of what the inside

20:30of the store would look like. Um, 7th

20:32Street Burger has a

20:34um,

20:35has a a philosophy of uh, simplicity. It

20:40was um, it was started by a couple of

20:42friends who were looking for the best

20:44burger ever. Um, and they like the smash

20:46burger style, so like the really thin

20:48crispy patties. And I shouldn't be

20:50telling you about this now cuz I didn't

20:51eat dinner before this hearing.

20:54Um, but they have a very simple menu.

20:57They I believe they have three things on

20:59the menu.

21:00And as they describe it, they do them

21:02really well. And that's what they do is

21:04they stick to their basics. Um, and then

21:06the inside um, sort of clean lines and

21:08sort of old style,

21:10um, is uh, keeping with that kind of

21:13concept. Um,

21:15they anticipate about 20, uh, 20 seats.

21:19Um, and, um, if you show the next slide,

21:22please.

21:25Uh,

21:27actually, you can

21:28Sorry to flip through, but you can the

21:31I've provided some promotional

21:33information just because it gives a lot

21:34of the back story of the company, um,

21:37which I thought would be helpful to the

21:38board. Um, but I'm not going to go

21:41through these in any detail, but, um, so

21:43you can

21:45advance through the next few images.

21:52>> Getting hungry, Stephen?

21:53>> [laughter]

21:58>> And it's just, you know, showing they

21:59they are company-owned, um, so they're

22:01they're not franchises.

22:03Um,

22:05they are quite popular.

22:08And

22:11next slide. So, we're getting through

22:13Okay, here, we're back to the square

22:14again showing its location. Um,

22:18I thought there was one other image that

22:20we were going to share.

22:23Oh, but perhaps it didn't get in here.

22:24Was there an image of outdoor seating?

22:27Stephen, is there another slide or is

22:28this the end of the deck?

22:32Uh, it would be below.

22:34Yeah, no, I I don't I'm sorry. I I don't

22:36think that we got it in there. There's

22:38There's a

22:39There's a possibility, um, they would

22:41like to, um, explore having

22:45two, um,

22:47two small seats at the front of the

22:50store.

22:51Mhm. Um,

22:52and Stephen, you can you can just, uh,

22:55choose, um,

22:57Actually, we could probably stop showing

22:58the slide deck unless people want to see

23:00it again. Um

23:02there there's the um potential for um

23:06seeking a license from the city to allow

23:07for um for probably two tabletops

23:10outside the front of the front of the

23:12store um for seating as well, but um

23:15there's no we don't have an application

23:16out yet, but that that is a possibility.

23:19Um and was actually something that um

23:21the folks with the Harvard Square um

23:24advisory committee who who we presented

23:27to um was um keenly interested in.

23:30Um

23:32so I want to just run through some of

23:34the elements of the special permit um to

23:38um uh go over some of the more specifics

23:40of the operations and and then be

23:43available for questions because I want

23:45to be able to answer those or members of

23:47the Seven Street Burger group are here

23:49as well.

23:49>> Sounds good.

23:50>> Um so um we have to establish that we're

23:54not going to create traffic problems,

23:57uh reduce available parking,

23:59threaten public safety,

24:02encourage double parking. I'm putting

24:04these all together in a lump together

24:06just to sort of talk through those. So

24:09as you would expect, you know, with this

24:10location and the type of store that it

24:12is, we expect um foot traffic um almost

24:15exclusively.

24:16Um

24:18the um

24:19there's really nowhere to park in this

24:21part of the square. Um so this is folks

24:23coming off the T, um

24:25kids from Harvard and MIT, etc.

24:28Um you know, neighborhood people um

24:30coming into the square for food, and

24:32it's sort of centrally located with a

24:34lot of other um great options sort of at

24:37a at a reasonable price point. Um

24:40and um so we don't expect issues in that

24:43regard. There was a good um healthy

24:45conversation in the help Harvard Square

24:47advisory committee group about um

24:50dealing with things like um deliveries

24:52because this is a difficult area of the

24:54square. Um and so there were some really

24:56helpful suggestions. The 7th Street

24:58Burger folks were saying that they have

25:00the ability to get their suppliers to

25:02have blackout windows on deliveries. So,

25:04they say, "If we tell them you cannot

25:06deliver during these hours,

25:08they won't." And then they have, I can't

25:10remember what they call it, cold box

25:12storage where basically the delivery

25:15people can deliver in the middle of the

25:16night, deliver to a refrigerator that

25:20they have access to inside the building.

25:22Um, and so that's what they're intending

25:24to do in this location

25:26so that they can avoid some of the, you

25:28know, congestion concerns and um, you

25:30know, the

25:32the the the difficulty of getting in and

25:33out of the square when there are a lot

25:34of people there.

25:35>> Mhm.

25:36>> Um,

25:38the other thing that was discussed um,

25:40and um,

25:41a fair amount was uh, talking about um,

25:44delivery drivers and third-party

25:48like, you know, Grubhub, DoorDash, etc.

25:50Um, and what 7th Street has said is that

25:52they one they do not like those

25:55third-party um, you know, vendors. I

25:57think a lot of a lot of the businesses

25:59don't.

26:00They they can't say that they would

26:02never use them, but um, they have found

26:05in other locations um, including there's

26:07a store in um, a new location in Newbury

26:10Street. And in that location they've

26:12just turned it off. That's not even an

26:14option there

26:15um, because the store is plenty busy and

26:18um, it would really kind of overwhelm

26:21the the store um, if they were to open

26:23that up. Um, and they don't like, you

26:26know, having to deal with those that

26:27kind of traffic and and uh, delivery

26:29drivers.

26:31So, um, they have both the willingness

26:33and the ability to to to manage that um,

26:37kind of issue.

26:39Um,

26:40the um, physical design, you know, color

26:43and use of materials um, um, they like a

26:46lot. I think it looks really neat. Um,

26:49and their signage has has been approved

26:52and seems to be, you know, uh, fit in

26:54well in that location in the square.

26:56It's not standing out a lot.

26:58Um, and then the Seven Street Burger

27:00>> [music]

27:00>> um,

27:01uh

27:02um, sort of value proposition for the

27:05square I think is a really good one.

27:07Um, it is unique um, in that it's

27:10got the simple um,

27:12one option.

27:13This is where your friend who loves

27:15burgers and doesn't want a taco and

27:17doesn't want pizza goes. Um, and um,

27:21it's offering um, a really good product

27:24and uh, sort of a lively a lively use in

27:27in this part of the square that um, the

27:30Harvard Square Advisory Committee folks

27:31were were um, excited to encourage.

27:34Um,

27:36we talked about the uh,

27:37attracting people who are walking in um,

27:40and um, the next element was using

27:43biodegradable materials which they're

27:45going to use um,

27:46um, you know, use to the greatest extent

27:48possible.

27:50Um,

27:51they have um, they will have both, you

27:53know, good trash management um, both for

27:57on-site as well as um, in terms of

28:00removing trash. There's um, I think

28:02there's a trash facility that the Asana

28:04Partners folks have that um, manages for

28:07that whole area which is um, quite good.

28:09They also have a fair amount of basement

28:11storage area so trash can be kept if it

28:13hasn't been picked up, it can be kept,

28:15you know, inside the building. Um, so

28:17that that will be managed well at which

28:19I know is important.

28:22Um, and then in terms of um, meeting

28:24requirements for handicapped and

28:26disabled people, um,

28:28the site is um, it is at ground level

28:31um, already which is which is which is

28:33good. Um, and the um, they are providing

28:37a ADA accessible bathroom which is uh,

28:40nice for a size of a space like this to

28:42be able to have a

28:43a a good bathroom is is also nice.

28:46Um

28:49Let's see, what else? Um

28:52I've covered a lot of things. I hope

28:54that um you had a chance to take a look

28:57at the We had two letters of support.

28:59I'm sure Mr. Chairman, you'll you'll

29:00reference those.

29:02Um but um both support from the Harvard

29:05Square Business Association um as well

29:07as the advisory committee, which uh we

29:09met um in mid-August.

29:12Um

29:13thank you.

29:15>> Thank you, Sarah.

29:17Uh any questions uh from the board?

29:23>> Mr. Bonito, I have no I have no

29:24questions. I think that the letters that

29:26Sarah just referenced, especially from

29:28the Harvard Square Business Association,

29:30speaks volumes

29:32of the proposed use and also how they

29:35conduct their business.

29:36As far as whether or not there's a need

29:38in the

29:40area,

29:41um I've always felt that the

29:45marketplace

29:46will decide the need and if it's a good

29:49product,

29:50fairly priced and served well, then it

29:54will survive and that will fulfill the

29:56need. So,

29:57um that that would be my comment on the

29:59application.

30:02>> Thank you, Brandon.

30:03Uh anyone else?

30:11>> Jay Williamson from the public.

30:13>> No, no, it's uh just board member

30:14questions.

30:15Yeah.

30:17Any other board members?

30:20None. Um I just had a question, Sarah.

30:24Uh

30:25what are uh

30:27currently the proposed hours of

30:28business?

30:31>> Thank you. I'm sorry, I forgot to um

30:33>> That's okay.

30:34>> reference that. Um

30:37So, the proposed schedule is to open at

30:4011:00

30:41uh every day of the week.

30:43And um, to close

30:46at midnight from Sunday to Wednesday.

30:50And then um,

30:52Thursday through Saturday, they're

30:53proposing a a 2:00 a.m. close [music]

30:55time.

30:57And um, that was um, also with some

31:01urging from the Harvard Square Advisory

31:03Committee cuz I guess there's uh, a

31:05sense of

31:07um, desire to really enliven um,

31:11this area uh, in the later hours.

31:14>> Got you.

31:16All right, thank you.

31:19Um,

31:21I th-

31:23think Yeah, we could probably move on if

31:26there's no other questions from fellow

31:27board members, I'll move on to um,

31:31public comment first um, going through

31:34the correspondence as Sarah mentioned.

31:36We do have two letters. Uh, one is from

31:40City of Cambridge uh, Community

31:41Development uh, speaking or reporting

31:45back on the meeting with Harvard Square

31:47Advisory Committee.

31:48Um, they do support uh, the application

31:51and special permit for the project. And

31:54I think just to cut to their

31:55recommendations,

31:57um, they do support those proposed hours

32:00as mentioned by Ms. Radican. Um, they

32:03believe you know, it gives just

32:06that extra those opportunities for

32:08people to for gathering in the square

32:11uh, throughout uh, the week. Um,

32:14probably the more important topic which

32:17we'll talk about and expand upon is you

32:19know, about the delivery logistics.

32:22Um, just with all the complexity in the

32:26square of different ways uh, folks are

32:29moving around and um,

32:31using uh, bike lanes, traffic and so on.

32:34Um,

32:36the uh,

32:38concerns about the

32:40the uh third-party delivery and pick up

32:43and uh is causing is, you know, even

32:46currently now causing quite a bit of uh

32:48congestion there, but um

32:50they do mention what you were sugge- uh

32:53mentioning earlier uh that

32:57uh

32:587th Street has options and ways to

33:01manage that. Um so, we can discuss that

33:04a little further. Uh

33:06they mentioned the outdoor seating and

33:08they support and encourage um

33:11providing that uh space and approving

33:14that patio license. Uh and also shared

33:17the Harvard Square Advisory Committee

33:19guidance document uh

33:21to the applicant um to review.

33:25Um and you know, and they were unanimous

33:28in terms of uh supporting the

33:30application. Uh they we also had a

33:33letter or email received from

33:37uh

33:38Denise Jillson of

33:41the

33:43Harvard Square Business Association.

33:45Um and you uh

33:47I think one of the key notes here is

33:50just citing how well uh

33:54the landlord of the property has been

33:56working with um 7th Street as well as

33:59serving the community uh Asana Partners.

34:02And I think that that um one we want to

34:05make sure people hear that uh

34:07uh

34:09you know, good news that we have a

34:11landlord who's supportive and and

34:13working with the city as well as sat-

34:15you know, meeting tenants' expectations.

34:18Um

34:20So, those two were in support and uh we

34:24can go now to public comment uh online.

34:29Any members of the public who wish to

34:31speak should now click the icon at the

34:33bottom of your Zoom screen that says

34:35raise hand. If you're calling in by

34:38phone, you can raise your hand by

34:39pressing star nine and unmute or mute by

34:41pressing star six. I'll now ask staff to

34:45unmute the speakers one at a time. You

34:47should begin by saying your name and

34:49address and staff will confirm that we

34:51can hear you. After that, you will have

34:53up to two minutes to speak before I ask

34:55you to wrap up.

34:59>> Jay Williamson

35:07>> Um can you hear me?

35:09>> Yes, we can.

35:11>> Thank you. My name is James Williamson.

35:13I live in North Cambridge.

35:15Um I actually lived on Fifth Street

35:18between A and B

35:19in uh New York, right around the corner

35:22from their

35:23uh first uh shop. Um but I've lived in

35:26Cambridge now for 55 years. Hi Brandon.

35:29Um

35:30>> James

35:31>> Hi. I obviously obviously this is going

35:33to go through. I mean there are other

35:34businesses. There have been other

35:36restaurants that have come and gone in

35:38similar locations. Couple of

35:40observations. There is a driveway behind

35:44the row of buildings that um comes down

35:47next to Sinclair. There's an a fairly

35:51capacious parking area. I believe that

35:53deliveries are made to um Felipe's from

35:58that area.

35:59>> Mhm.

36:00>> And I don't know if you want to be a

36:01little more explicit about the potential

36:03use of that space for for deliveries.

36:06And by deliveries, I mean

36:08you know, to the business, you know,

36:10supplies. The I think the big issue is

36:14going to be

36:15the DoorDash. I didn't quite get catch

36:18everything. I was distracted for a

36:19minute.

36:20But there's going to be an issue with

36:22First of all, we got an issue with these

36:24people racing around on their little

36:26scooters. No enforcement in Cambridge of

36:28any traffic laws just that I can I'm

36:31aware of.

36:32>> [music]

36:32>> So, there's a real serious problem there

36:34and then the congestion and if you know

36:36anything about Harvard Square at night,

36:38I'm I'm quite familiar with it. I know

36:40the owners of Felipe's. You know,

36:42there's a huge line out which is good,

36:45right? There's a huge line of people

36:46waiting to get into Felipe's

36:48and that sidewalk is already

36:51quite congested from the people waiting

36:53in line and everybody wants to

36:57take a little more space for their

36:59seating. And I guess I would just ask

37:01that there be not to pick on this

37:03particular applicant, but that there be

37:06a better scrutiny to how much of the

37:08public sidewalk is being taken by

37:13anybody who has

37:15table seating out on the sidewalk, which

37:16I actually think is a is a good thing,

37:19but you know, you put the seating and

37:20then you put the planter and pretty soon

37:22there's not a lot of space for people to

37:24walk down the sidewalk. So, um those are

37:27the things that I wanted to flag.

37:29There's a real problem all with with

37:31vehicles backing up on Brattle

37:35all along the section between Felipe's

37:38and uh

37:40Palmer Alley

37:41at night. I mean, it's it's a you know

37:43what show, so I don't know what you ask

37:46the ISD to or the license commission to

37:49maybe pay a little closer attention to

37:51managing that that congestion. And thank

37:54you.

37:55>> Thank you, Mr. Williamson.

38:01Anyone else?

38:02>> No.

38:04>> Okay. Uh that was it uh for public

38:07comment, so we'll

38:09close public hearing public comment at

38:12this time.

38:14So, discussion among board members, um

38:19any thoughts or can you share your

38:20thoughts, uh,

38:22about what how do we kind of help

38:27address the traffic concerns with the

38:29third-party delivery, or how can we,

38:32um,

38:33try to

38:37qualify or

38:39somehow try to make some kind of effort

38:42to

38:43manage that? I think Mr. Williamson's

38:46description of what that's like it it is

38:48true that Felipe's line uh, the cars all

38:51take up uh, non-parking spots or, you

38:54know, and it can get pretty hectic right

38:57at the curve. I think, uh, 7 Street

39:00Burgers location is a little further

39:03away from that intensity, so that would

39:06help

39:07a bit, but, uh, those third-party folks

39:09will come down Mount Auburn and kind of

39:13find whatever space they can.

39:15Um,

39:16but, uh,

39:18any thoughts from

39:20the board on how we can help mitigate

39:22that?

39:33>> Uh, this is Bonnie Sullivan. Uh, Mr.

39:35Chair, I think that it's sort of borders

39:38on sort of a policing action in a sense.

39:41The

39:42crowds and the number of people and the

39:44congestion is a good sign in one

39:47aspect because it shows somewhat of a

39:49healthy economy and supportive of the

39:51businesses in the area.

39:53And yes, that the it does take away from

39:57some of the

39:58pedestrian,

40:00um, traffic, um,

40:02back and forth and able to,

40:04you know, walk along the sidewalk. So,

40:06it's

40:07it's everybody's sort of vying for the

40:10same real estate at, uh, the same time.

40:14Um, this has always been sort of an

40:16issue with

40:17Harvard Square

40:19in

40:20Um and it's really somewhat unsolvable.

40:24I think it just solves itself. Um

40:26Um because any regulation, any

40:29type of condition that we would put into

40:32it

40:33Um who's going to enforce it and how's

40:35it going to be enforced?

40:37And you know, it puts the onus on the

40:40owner who's really basically just trying

40:42to

40:44Um

40:45run his establishment to the best way

40:47possible to service the customer.

40:50And you know, what is the problem? Is

40:52the problem with the

40:54applicant, the store owner,

40:57uh the um

40:59In in this case, uh the burger

41:02establishment or is it in

41:06the number of people who find the area

41:07attractive and

41:10the limited space to accommodate all of

41:12these people, which to me I Again, I go

41:15back. I think it's sort of a it's a good

41:16thing as opposed to if you go to other

41:18parts of the city and other cities,

41:21you know, these Arlington, there's

41:23there's no crowds. There's for rent

41:24signs. There's sale signs.

41:27Um so

41:29Um

41:31I I I I I guess I would just say that

41:33it's um something very difficult to put

41:37a condition on because it becomes a

41:39policing action and if it fails to meet

41:42whatever standard we put into the

41:44condition,

41:46then it falls back on the establishment

41:49to correct and I'm not sure how it's

41:52correctable. So,

41:54I'm not sure if that's helpful or not,

41:55but that's sort of my thought.

41:59>> Well, thank you, Brandon.

42:00>> Zaria Miranda.

42:01Uh-huh. This is Zaria Miranda. Um I was

42:04going to just second that. I think it's

42:05hard to come up with a solution

42:08to that problem because we want to

42:10attract people to the square and I think

42:13that, you know, the line at Felipe's can

42:15be long and tiring when you stand in it,

42:19but maybe we can push the line down just

42:22around the corner to 7th Street. Um

42:26I think the issue with the

42:28uh

42:29the deliveries and the scooters and the

42:31cars pulling over is something that's

42:33sort of

42:34out of our hands. I wouldn't want to put

42:36put a restriction that, you know,

42:37business couldn't have

42:39Uber Eats or DoorDash. Um

42:42and so I think it's something that also

42:44just sort of has to solve

42:46itself. Um

42:50it's a double-edged sword with the

42:51traffic.

42:54>> I This is Daniel Hidalgo.

42:57Yeah, I I I agree with the um sorry and

43:00and and friend and and that especially

43:01for the pedestrians. I think

43:04I just worry about the enforceability in

43:05terms of I don't know what ISD would be

43:07responsible if there are complaints and

43:08that's strikes me as very hard for them

43:11to enforce.

43:12Um any any kind of consistent way

43:14especially since the the lines I think

43:17are, you know, somewhat out of control

43:19out of the control of the

43:21the the business. Um

43:23On the Uber Eats and delivery, I think

43:25maybe that's more possible there's a

43:27solution there. I I um in the sense that

43:30you I can imagine them having

43:32some kind of rule about when that's

43:35available or not, but I I'm sort of wary

43:37about being overly prescriptive. Um um

43:41so I I guess I if I

43:44you know, if I heard a good solution for

43:46the you know, delivery,

43:48I I guess I'm I'd be more interested in

43:50that, but it still strikes me as tough

43:52for especially for ISD.

43:54>> Yeah, and my my focus was more about uh

43:57the delivery, the vehicles and so on. Um

44:01not I'm not concerned. I think

44:03pedestrian activity is a good thing for

44:05the square, you know, and that's always

44:07going to draw people in.

44:09And we welcome that, but it it it does

44:11get pretty hectic

44:13out there

44:14in the evening.

44:15But uh

44:17Okay, just wanted to put that out there.

44:19I think

44:20um

44:21uh

44:22you know, the advisory committee's

44:24recommendations

44:26are kind of listed and 7th Street

44:28Burger's one of the few applicants who

44:30actually has some

44:32you know, ways of managing deliveries

44:34and blacking out periods of time. So,

44:38um

44:39I guess that was really

44:41my personally, my only concern was to

44:44bring up the the traffic

44:46issue, but otherwise totally I

44:48personally totally support the

44:50application.

44:51um

44:52in itself. So,

44:54uh any other comments from the board?

44:59All right, are we ready for a motion, I

45:01guess?

45:03>> I'm counselor Sullivan, ready.

45:04>> All right. Uh the chair makes a motion

45:06to grant the special permit from the

45:08requirements of the ordinance under

45:10sections 11.30

45:13uh section 4.35 for quick service food

45:17establishment

45:18uh 20. 54.10 for quick service food

45:22formula business, section 10.40 special

45:25permit. um and

45:28uh based on the criteria for special

45:32permit, um just summarizing those

45:35responses. Uh so, item A, um it appears

45:39the requirements of this ordinance

45:40cannot or will not be met uh and

45:44the proponent's establishment does meet

45:47the definition of formula business in

45:49the Harvard Square Overlay District,

45:51which requires uh seeking a special

45:54permit uh

45:55if the business meets the uh following

45:59criteria. B, traffic generated or

46:01patterns of access or regress would

46:03cause congestion, hazard, or substantial

46:06change.

46:08Um

46:10The project meets the general special

46:12permit criteria that it will not impact

46:15the established vibrant neighborhood

46:17character,

46:18nor cause congestion hazard or negative

46:21impacts in terms of traffic generated or

46:24patterns of egress or access. Um C, the

46:28continued operation of or the

46:30development of the adjacent uses as

46:33permitted in the zoning ordinance would

46:35be adversely affected.

46:37Um

46:39The continued operation or development

46:41of adjacent uses will not be adversely

46:43affected by 7 Street Burger operating in

46:47their location. In fact, its patrons

46:50will augment and contribute to the

46:52vibrant pedestrian-centric experience in

46:54Harvard Square and attract attract

46:57additional retail and other customers in

47:00the square. Uh D, nuisance or hazard

47:03would be created to the detriment of the

47:05health, safety, or welfare of the

47:06occupant. Uh and we'll find no nuisance

47:09or hazard will be created by the

47:12granting of the requested special permit

47:15relief and reasons described above. Uh I

47:18And lastly, item E, and for other

47:21reasons, the proposed use would impair

47:22the integrity of the district or

47:24adjoining districts. And um who

47:27the requested special permit can be

47:29granted without impairing the integrity

47:31or of the district or adjoining

47:34districts. Um

47:37Uh

47:38in Harvard Square. So,

47:41by that finding, they meet the criteria

47:44on the sections 10.40 for special permit

47:47on the condition that the work proposed

47:49conform to the set included in the

47:51application package, which includes the

47:54following documents. Uh drawing set

47:56entitled 7 Street Burger for Harvard

48:00Square, 37 Brattle Street, Cambridge,

48:02Mass. by

48:03AGPC,

48:06dated April 30th, 2026.

48:12And further that we incorporate the

48:13supporting statements and dimensional

48:15forms submitted as part of the

48:17application. On a voice vote, please,

48:19board members. Brendan Sullivan.

48:22>> Uh in favor of the motion to grant.

48:25>> Thank you. Uh Daniel Herda.

48:28>> Daniel Herda in favor.

48:30>> Virginia Keesler.

48:32>> Virginia Keesler in favor.

48:34>> Zoraya Miranda.

48:36>> Zoraya Miranda in favor.

48:38>> And Stephen Eng in favor. Uh the vote is

48:405-0 in favor and a special permit is

48:43granted.

48:45Thank you.

48:47>> Thank you very much.

48:52>> All right. Uh

48:53next up is our

48:566:30.

48:58We're well past that. Um case number BZA

49:011225403,

49:03127 Mount Auburn Street. Uh seven uh

49:0817 Story LLC, Janet Jang, uh represented

49:12by Patrick W. Barrett, um seeking a

49:16variance to reduce the front yard

49:18setback along Mount Auburn and Story

49:20Street, uh citing sections 5.31 table of

49:24dimensional requirements and sections

49:2610.30 for a variance.

49:29Um

49:32Is Is

49:34Is Mr. Barrett here or are we just doing

49:36the continuance?

49:39>> I would say just read whatever the

49:40correspondence was.

49:46>> Is it Is that in here?

50:02>> Uh I believe I I don't think there was

50:04Is there a letter from them?

50:06Yeah.

50:07I believe they've requested a

50:08continuance of the application. Um I

50:11know

50:13the Harvard Square Advisory

50:15Committee hasn't really provided uh

50:18feedback on this application.

50:20So

50:21>> This is the correspondence.

50:23>> Ah, here we go.

50:24Thank you.

50:30Yes, they're uh requesting a continuance

50:33uh so that uh

50:35they can uh present to the Harvard

50:38Square Advisory Committee.

50:40And um

50:42do we have a date for

50:47>> Did he Did he say one or not?

50:54>> No, no date was mentioned.

50:55>> Then we're going to give him December

50:5717th.

50:58>> December?

50:59No, come on.

51:00>> [laughter]

51:01>> Um

51:04Oh, you know what?

51:07Just a second. Let me see if

51:14>> Just trying to find a date here.

51:24>> Did he say anything about

51:27when they're going to Harvard Square

51:29Advisory Committee?

51:39>> Nope, there's nothing here for a date

51:41with Harvard Square Advisory.

51:43>> Okay.

51:44I'd I'd I say why don't we just give him

51:46September 24th? He's already on here

51:49that night.

51:50>> Okay. So, we'll continue to September

51:5224th.

51:54Um since we haven't heard the meeting, I

51:56don't think there's any need for, you

51:57know,

51:58>> And there are already scheduled cases

52:00for that night.

52:01>> Yeah.

52:02All right. So, um motion to continue. Um

52:05continue this matter to September 24th

52:08on the condition that the petitioner

52:09change the posting sign to reflect the

52:11new date

52:14of September 24, 2026 and the new time

52:17of 6:00 p.m.

52:20Or do you have the time?

52:22>> Uh yeah, continue it at 6:00.

52:24>> Okay. Also, that the petitioner sign a

52:26waiver to the statutory requirements for

52:28the hearing. This waiver can be obtained

52:31from Maria Pacheco or Olivia Rete at the

52:35Inspectional Services Department. I ask

52:37you sign the waiver and return it to the

52:39Inspectional Services Department by a

52:41week from this coming Monday. Failure to

52:44do so will de facto cause this board to

52:46give an adverse ruling on this case.

52:49Also, that there are any new substantial

52:53changes to the drawings, dimensional

52:54forms, or any supporting statement, that

52:57those be in the file by 5:00 p.m. on the

52:59Monday prior to the continued meeting

53:01date. Uh on the motion to continue this

53:04matter until September 24th, a voice

53:08vote by the board members, please. Uh

53:10Brendan Sullivan.

53:11>> Brendan Sullivan, yes to continue the

53:13matter.

53:13>> Thank you. Daniel D'Augo.

53:16>> Daniel D'Augo, in favor.

53:17>> Thank you. Virginia Keysler.

53:19>> Virginia Keysler, in favor.

53:21>> Uh Zoraida Miranda.

53:23>> Zoraida Miranda, in favor.

53:25>> Thank you. And Stephen Ning, in favor.

53:28So, that continuance is going to happen

53:31then. And I think that was it for this

53:33evening's business. Um thanks everybody

53:36for jumping on and um

53:39we'll see y'all soon.

53:43>> Right. Good night all. Stay well.

53:45>> Thank you.

53:45>> Thank you. Have a good night.

53:47>> Thanks. You too.