2026-10-22 - Zoning Board of Appeals

00:00Ready?

00:01>> Yep.

00:02>> I am ready.

00:03>> All right.

00:06>> No gap in the screen.

00:08Oh, you didn't have that

00:09>> I guess do that. Sorry.

00:11>> I'm going to call this meeting to order.

00:14Um

00:16Would you call attendance?

00:17>> Yes, we're down to five members.

00:20Member Gilroy.

00:21>> Present.

00:22>> Member Ibrahim Lopez.

00:24>> Present.

00:25>> Um member Maggio.

00:27>> Present.

00:29>> Member Olson.

00:29>> Present.

00:30>> And member Clark.

00:31>> Present.

00:33>> All right. Do I have a motion to approve

00:35the minutes of the last meeting?

00:37>> So moved.

00:38>> Second.

00:39>> All in favor?

00:40>> Aye.

00:40>> Aye.

00:42>> All right, the first case we're going to

00:44hear tonight is um 730 Linway and

00:48Harding Street.

00:54>> I'll turn again.

00:56Um

00:58I think and I spoke with the secretary

01:00that um because of the wording, this

01:03this is a $6 million project. So, it's

01:06not satisfying just the members of the

01:08Board of Appeals of the City Council.

01:10It's satisfying the lender. And

01:13um

01:15I won't bore you with the gory details,

01:16but I think this will be coming back

01:19with a slightly different wording. And

01:21so, uh I would ask and I I spoken to the

01:25EDC there about this about withdrawing

01:27it um and but leaving on the table, we

01:31don't want the filing fee back cuz we

01:33may come back, but we understand we have

01:35to pay the advertising fee if we do

01:37return.

01:38So, at this time I just like to withdraw

01:40it without prejudice so that I have the

01:42opportunity to correct uh and and this

01:45deals more with the

01:47actually with the City Council deals

01:48with the with the classification of

01:50licenses.

01:54>> All right. I'd make a motion to withdraw

01:57this project without prejudice.

01:59>> Second.

01:59>> And Wayne, I'm not done. And

02:02I like to talk. Um

02:04>> You took a breath.

02:05>> [laughter]

02:06>> And um instead of refunding the uh

02:10money

02:11we would apply it toward a second

02:13submittal.

02:14>> Right.

02:15That would be great if you do that.

02:16>> Yeah, we could do that and then you

02:18would just pay for advertising.

02:19>> Yes.

02:20>> Okay.

02:20>> Thank you.

02:21>> Yeah, so there's a new advertisement.

02:24>> Yeah.

02:26Okay.

02:30>> Member Gilwein, to withdraw without

02:32prejudice to apply to um the amount back

02:35to the submittal, new submittal, and pay

02:37for the advertising

02:38advertising fee by the petitioner.

02:40>> Yes to all of the above.

02:42>> Thank you.

02:46>> Member Maggio?

02:47>> Yes.

02:48>> Member Lopez-Mendez?

02:50>> Yes.

02:51>> Member Olson?

02:52>> Yes, as stipulated.

02:54>> Thank you. And member Rowlands?

02:55>> Yes.

02:56>> Thank you.

02:59All right, the second um

03:04I forgot to write it down.

03:05>> [clears throat]

03:05>> Uh the second case we're going to hear

03:06is um 91R River Street.

03:16>> And thank you, Madam Chairperson. I'm

03:18Attorney Vitali again. This is Jonathan

03:21Alvarez, the petitioner. Um

03:24He submitted because of a petition that

03:26was initially filed by his contractor or

03:28builder. Fortunately,

03:30uh people here

03:32put the correct uh wording in that

03:35request. And essentially, it's under the

03:39uh section 5 of the new zone ordinance

03:41with respect to

03:43an alteration or an extension. In this

03:46case, it's a small

03:48420 square foot, I believe, addition

03:52uh to an existing dwelling

03:5591

03:57River

03:58and Jonathan owns the property and

04:00usually with his wife who's here as well

04:03and they have a growing family and he

04:04wants to add some bedrooms so that under

04:07that section it says that you may do so

04:10by a finding from you folks that what is

04:13proposed is not substantially more

04:15detrimental in its effect on the

04:18neighborhood and that it does not result

04:20in a

04:22a new nonconformity

04:25and if you look at the

04:27zoning table that was prepared by the

04:30engineer that did the plot plan in fact

04:32a couple of the dimensional things that

04:35there are some that can't be unchanged

04:36and those are right in the ad which is

04:38the existing front setback and the

04:41existing rear yard that's why it's it's

04:42a nonconforming

04:45property from the time it was

04:47constructed adding the addition does not

04:50create any new nonconformity in fact it

04:52improves the rear yard a little bit

04:55because it takes down an existing

04:57staircase and deck that was there to put

04:59the addition there and it that enables

05:02it to have at least in part a better

05:04rear yard line than

05:07was there originally and and the other

05:09end still is there

05:11and so I think that we satisfied

05:13the requirements as as it is worded

05:19Jonathan wants to tell you about his

05:20growing family

05:21>> So yeah we do have two small kids and

05:24they they kind of need their own rooms

05:27and this house only has two rooms we

05:29already have a wife and my stepson

05:31living there so

05:34that's why we

05:35you know requested

05:40>> Thank you

05:41>> Thank you

05:42>> Does anybody have any questions?

05:46No?

05:47Okay you

05:48>> have a question?

05:49>> Um, I'm just going to make sure one

05:50thing.

05:51>> Okay.

05:57What?

05:58>> Councilor May.

05:58>> Oh, you have something to say? Oh, yes,

06:00yes, absolutely.

06:02>> Uh, I just Councilor Jordan Avery, 28th

06:04Court in the great city of Lynn. Uh,

06:06uh, almost on the border pretty much of

06:08River Street. More than happy to

06:09support. I think uh, across our city and

06:11across the Commonwealth uh, visiting

06:12family especially with our families and

06:14our young children. So, want to be on

06:15the record here to support this great

06:17family in Ward 7. Thank you.

06:18>> Thank you for coming.

06:20Anybody else would like to speak in

06:21favor of this project?

06:24Is there anyone here who would like to

06:25speak opposed to this project?

06:29Okay, what is the wish of the board?

06:32>> Uh, move to

06:34um, grant.

06:36>> I'll second.

06:37>> Okay.

06:46>> Member Gillen to grant?

06:48>> Yes, to grant.

06:48>> Member Marjorie to grant?

06:50>> Yes.

06:51>> Member Lopez-Hernandez to grant?

06:53>> Yes, to grant.

06:54>> Member Olson to grant?

06:55>> Yes, to grant.

06:56>> And member Crowley to grant?

06:57>> Yes, to grant.

07:00>> Thank you.

07:01>> Thank you. Enjoy.

07:04Um,

07:06the next case we're going to hear is 72

07:08Woodman Street.

07:12This is this one. This one's turning

07:15into a three-family, right? This one

07:16wants to turn into a three-family.

07:18>> Uh, 72 Woodman Street, Lynn, Mass.

07:22Parcel number 037-276-003.

07:25Eric Orellana, J&E Investments LLC, 790

07:30Saratoga Street, Suite 2, East Boston,

07:32Massachusetts. Applicant behind me,

07:35Alexander Jacob Arano, DBA 10158.

07:40To vary pursuant to Mass. Uh, General

07:42Laws, Chapter 40A, section

07:466 and 10 of the provisions of the city

07:49of Lynn building ordinance to allow the

07:51construction of a three-family

07:53three-family dwelling on lot B with

07:55insufficient square footage per dwelling

07:58unit.

07:581,335.3

08:01sq ft where 1,500 sq ft is required in

08:06the R3 medium-density

08:08residential district with shared

08:10driveway access.

08:12The zoning board of appeals may grant a

08:13variance if it specifically finds that a

08:15strict enforcement of the ordinance or

08:17bylaw will result in a practical

08:20difficulty. In making its determination,

08:22the permit-granting authority shall

08:24weigh the benefits to the appellant or

08:26petitioner

08:28and to the public interest, including

08:30the interest in supporting the

08:31production of housing against the

08:33detriment to the public health, safety,

08:35and welfare of the neighborhood and may

08:37also consider

08:38whether the practical difficulty relates

08:41to soil conditions, shape, or topography

08:43of such land.

08:45Whether the strict enforcement would put

08:47a financial hardship on the appellant or

08:49petitioner. Whether the benefit sought

08:52by the appellant or petitioner can be

08:54achieved by some other method feasible

08:57for the appellant or petitioner to

08:58achieve. And whether the practical

09:00difficult difficulty was self-created.

09:04>> Uh good evening, members of the board.

09:06For the record, attorney A. Jay Copano

09:07on behalf of Eric Orlana and Jay

09:10Investments LLC, owners of 72 Woodman

09:12Street. Uh this is a residential project

09:15in the R3 district. Property was

09:17subdivided into lot A and lot B by an

09:21A&R plan in December of 2025. Lot A

09:24contains the existing two-family

09:26dwelling, and the applicant proposes to

09:29construct a new three-story three-family

09:32dwelling on lot B. Uh a three-family

09:35dwelling is permitted as of right in the

09:37R3 district. We're not here seeking use

09:39relief. We are seeking two limited

09:41dimensional variances. The first is for

09:44lot area per dwelling unit. Lot B

09:46contains approximately 4,006 square

09:49feet. The ordinance requires 1,500

09:52square feet per dwelling unit. The

09:53proposed three family would therefore

09:55provide 1,335

09:58square feet per dwelling, a shortfall of

10:00approximately 165

10:02square feet per unit. The practical

10:05difficulty here arises from the narrow

10:07configuration of this particular lot and

10:10the need to also make the site function

10:12as a whole.

10:13Lot B is 40 feet wide. Within that

10:16limited area, we the applicant has

10:18designed a three family dwelling that

10:19complies with setbacks, height, and

10:22building coverage requirements while

10:23preserving access to the rear to the

10:26required targeting.

10:28There would be limited ability to

10:30redesign without eliminating a dwelling

10:32unit or compromising those other site

10:35plan considerations.

10:37Importantly, we're not seeking a more

10:39intensive use than what the district

10:40would allow.

10:42We're seeking a modest dimensional

10:44relief to allow the three family use to

10:47function appropriately on this lot.

10:49The second variance regards the shared

10:51driveway as shown on the updated site

10:53plan. Lot A and Lot B will use a single

10:5612-foot driveway between the two lots,

10:58approximately 6 feet located on each

11:00lot.

11:01The use of the full driveway will be

11:04protected by a permanent easement that

11:05will run with the land. We believe that

11:08this is a better site plan solution,

11:10site planning solution. It avoids

11:12creating separate driveways and

11:14unnecessary additional pavement, and it

11:16provides coordinated access to the

11:18parking at the rear.

11:20Um

11:21The project went through site plan

11:22review in May of 2026

11:25to confirm that parking layout shared

11:27parking worked. The applicant has worked

11:29with the with her architect and her

11:30engineer to address some of the feedback

11:32that we got there.

11:34Um again, the the the relief that we're

11:36requesting tonight is dimensional. The

11:37building otherwise is going to comply

11:40with the principal dimensional

11:41regulations. We're providing sufficient

11:44parking and it's going to remain

11:46entirely residential in character.

11:48Um again,

11:50with the new variance standard, there is

11:51a meaningful public benefit here. Uh

11:53granting this relief will allow the

11:54creation of three additional housing

11:57units and into an already existing

12:00residential neighborhood. Um the

12:02applicant internally intends to market

12:04these as condominiums and that'll create

12:07potential home ownership opportunities.

12:09Um but the the benefit um in terms of

12:11the variance standard is the creation of

12:13the additional housing. Um we believe

12:15that the requested relief allows a

12:17reasonable residential use of the lot,

12:19uh provides functional site design, and

12:22uh can be granted without substantial

12:24detriment to the neighborhood or

12:25derogation from the purpose of the

12:26ordinance.

12:27And for those reasons, we respectfully

12:29request the two dimensional variances.

12:31Thank you so much.

12:34>> All right, does anybody have any

12:35questions for this

12:37um project?

12:40I have questions.

12:41>> Okay. Thank you.

12:42>> Um

12:43parking.

12:44What are we providing for parking?

12:46>> Eight spaces for five units.

12:50>> And how much We don't We don't

12:54I don't know if I missed it.

12:56Do we know how much of the soil um can

12:59be is drainable?

13:00>> So, the permeable area is approximately

13:03760 square feet pavers in the parking

13:07area.

13:08It's shown on the updated site plan that

13:09I submitted and uh

13:13with that, we fall below the the

13:15pervious area requirement.

13:21So, it's that double hashed area shown

13:24on the site plan.

13:29>> Not that sweet and not that one there

13:30but

13:34>> I have

13:35the ability to pull it up on the on the

13:37screen. I have a data set and if it

13:38would be beneficial.

13:42I believe that we would we would need

13:44both of those to be paired with the

13:45necessary areas to meet the meet the

13:47requirement.

13:48>> Okay.

13:51>> And Eric, when we talked about this with

13:53one of the lower

13:54civil engineers,

13:56we weren't able to stay below the

13:58maximum impervious coverage area.

14:01>> Okay.

14:03Um are any of these units Is there a

14:05plan to market any of these uh

14:08affordable or at restricted income?

14:11>> Our plan to comply with the

14:13inclusionary zoning requirements would

14:15be for a fee in lieu and we've

14:17calculated that at over $30,000.

14:21You can see that from Mr. Bilo.

14:29>> What about landscaping? Is there any

14:30landscaping?

14:33Is there any place to sit outside? Is

14:34there any place

14:37You're going to be trying to sell this

14:39as condos to families. Is there any

14:40place for them to barbecue outside or

14:42sit outside?

14:44Be outside.

14:45>> I've been over there. There's some

14:46There's nice There's some nice area in

14:48the front there that we show as green

14:50space.

14:51Um it's really well maintained and and

14:53we do you know as much of as we can

14:56keep we we will. I believe there's a few

14:58trees in the front that

15:00>> Yeah, we have some trees.

15:03Parks in the back, too.

15:05>> And having followed you you mentioned

15:07five spaces. Where Can you tell me where

15:09the five spaces are for me? I don't I

15:11only see four spaces.

15:20Oh, they're in the back.

15:22It's

15:23It's It's It's three.

15:44>> And the

15:46easement for the driveway is it speaks

15:49to the parking spots as well.

15:52>> Yes, in terms of the maintenance of the

15:53spots, the maintenance requirements of

15:55the back of the building is the same

15:56there for

15:57the 5 minutes um

15:59share access, share maintenance.

16:01>> Okay. And where do you put trash

16:03containers cuz you're going to have

16:04three family, you're going to have six

16:06trash trash containers?

16:07>> So you can see

16:08>> And snow removal?

16:09>> The the the snow pile and the trash and

16:12the recycling bins are delineated on the

16:14plan there for the three families to the

16:17right of the house near the ramp. And uh

16:21for the existing two family, it'll be

16:23next to the deck.

16:25The stair back the back of the stairs

16:27there.

16:28>> So this one common lot?

16:30>> It used to be and we [clears throat]

16:31divided by A&R.

16:33>> So so for the two-story residence the

16:36back school

16:38Does that mean there's two families in

16:40there?

16:41>> On the yes.

16:42>> Okay. And so you have [clears throat]

16:43what?

16:44Three parcels there.

16:46And then once they're going to be an

16:48easement granted?

16:49>> Yeah.

16:49>> I don't think that's what's the other

16:51matter of the parking place because

16:53that's not Is that

16:55>> The plan is to bring them under one

16:56condominium regime so they will

16:57cooperate. The two buildings will

16:59cooperate as one property.

17:01Share

17:02maintenance and uh

17:04>> Okay.

17:05>> They'll operate as a condominium

17:06association. That's the

17:07>> Are you related to that house in front

17:08of you? Is that Is that why you're

17:10cooperating with them?

17:11>> In front of them?

17:13>> Do you own both houses?

17:14>> Two family. You own Yes, I'm the owner

17:16of the two family.

17:17>> Oh. Yeah, I live on the first floor.

17:20>> Okay, so you live in the front house.

17:22Okay, I see. All right.

17:24>> It's on the side. That's where I live.

17:26>> Yes, that's Whitman Street.

17:29>> Oh.

17:30>> Make two 40-ft

17:3240-ft frontage lots.

17:36>> I see the easement.

17:39So the total driveway length width is 12

17:42ft.

17:43Is that correct? For the easement or is

17:46it the 6 ft?

17:48>> 12 ft total, 6 on each lot.

17:50>> And what is the difference in coloring

17:54for the green area versus the gray along

17:58the driveway coming in from Whitman

18:00Street?

18:00>> I believe that is the single hatch

18:02indicating that the entire driveway will

18:04be pavers.

18:08The yellow.

18:10>> So on the legend I see 780 sq ft of

18:14pervious pavers and that is the diamond

18:17shape hatches and then the northern or

18:20the upper half of the easement which is

18:22in yellow is a different hatch. So what

18:26does that mean?

18:28Or is it intended to be

18:30>> I believe the architects are just

18:31showing that half is on this lot half is

18:33on that lot but they were it's going to

18:34be

18:35>> Okay.

18:36>> Pervious pavers

18:38along drive driveway.

18:40>> So the whole driveway including the

18:42drive aisle and the

18:45parking spaces. Oh not the drive aisle

18:47the spaces themselves.

18:51Okay.

18:52>> What's happening to the spaces on two

18:54story residence?

18:56Right now they have them where the

18:58proposed three story residential is and

19:00there's

19:01believe a shed in the back. So it's

19:03going to be and they'll remove the shed.

19:05The proposed three story will be placed

19:08where the current parking is for the two

19:10story and everybody will have a shared

19:12parking in the rear of the property.

19:15>> So, there's no You're not changing the

19:17only part of

19:19of the two-story residential lot that

19:21you're changing pavement is where you're

19:23making

19:24previous pavement along the easement.

19:26>> Yeah, where they'll park. Right,

19:27exactly. Exactly, when we do the

19:28driveway.

19:30>> So, you're going to have a parking stall

19:31that's

19:33half previous and half unprevious.

19:42>> I believe the calculation was done that

19:43would meet the

19:45previous previous requirement. Um we

19:48were we were looking at this,

19:50but I believe that's Yes, that's how it

19:52is intended to to to audit.

19:54>> And how how deep are those stalls?

19:57Did you dimension on these?

19:59>> They're

20:00They're

20:0142 in x 24.

20:1080

20:13>> The 9 by 18s. 9 by 18s.

20:15>> 80 ft across the back

20:17with the 24-ft lots.

20:21>> But 9

20:23times 8 72.

20:25>> So, what we we have is sitting the half

20:27the the

20:28area.

20:36>> Doesn't quite work.

20:37>> Sorry, it's 40 ft x 40 ft x 80.

20:42>> Is 80 ft back there?

20:44>> Yeah.

20:45>> And then 80 and 9 times 80 is 72.

20:48>> 80 ft

20:5080 ft for eight spaces 10 ft wide.

20:55>> Okay, so you did 10 ft, not 9.

20:58The 10 by 18s.

20:59>> I divided the entire width of the lot

21:02since 240 ft

21:03>> Just put put it on I'm going to want to

21:04see a dimension

21:07>> Um just to be clear, the

21:09>> drive aisle is not going to be pervious.

21:13>> Correct.

21:13>> The park the driveway and the parking

21:16spaces are

21:18impervious not the entire lot.

21:20>> So, that'll be another edit to the

21:21actual formal plan because on the legend

21:23the 1470

21:26square feet it is labeled as pervious

21:28pavers.

21:29>> Okay.

21:29>> Which corresponds with the color and

21:31absence of hatches.

21:33>> Or the main drive maybe done

21:35incorrectly and it will be

21:37Okay.

21:38Basically that

21:531,470

21:55square feet pervious pavers at park.

21:58So, yeah,

21:59it it looks like that.

22:01Will also be pervious pavers.

22:03>> Okay.

22:03>> According to these plans, correct.

22:05>> Okay.

22:08What are the dimensions of the two snow

22:09storage areas?

22:14>> It's

22:18You can go down.

22:20We had that to it but

22:31>> Um

22:32It just needs to be straight.

22:33>> It just mark that.

22:34>> No, it isn't.

22:46>> I'll show you the calculation I worked

22:48out regarding pervious snow storage.

22:50Your question about the snow storage but

22:52the max 3,204 square feet of pervious

22:55coverage.

22:58>> And you have 1,200 square foot

23:00building footprint so that's good.

23:02Would be good.

23:06>> Do you have a percentage shown on the

23:08drawing?

23:09>> I have a I I have a um

23:12>> Thank you.

23:32See.

23:38That's the answer.

23:42Just the uh

23:44chart.

23:52Okay.

24:16>> Is this stairway for the two-family who

24:19will stay in that middle room? Is that

24:21going to be relocated? Just going over

24:23that becomes kind of like a main

24:28>> That staircase only

24:30>> You have to.

24:34I don't see.

24:37>> I think in this in these drawings it's

24:38indicated as a staircase.

24:50And it's

24:51a staircase. It's a staircase.

24:53>> If you can show the floor of that

24:54section going up the driveway and saving

24:58>> Yeah, that's it.

25:06Yeah, probably

25:07I'm just concerned with plowing going up

25:09that driveway.

25:10It's just

25:12It's very tall wooden posts there. It's

25:15not going to take a lot. One plow hits

25:17that, that whole deck is coming down.

25:29>> The defense is How do you guys manage

25:31plowing with the house?

25:36>> You got a lot You got a lot more room

25:37now. Now you got to have a building and

25:40a 12-ft wide driveway with the plow

25:43coming down it.

25:45So, what side do you you can't have snow

25:49if they're going to want to push snow up

25:50under that deck

25:52and the plow?

25:54>> So, we just

25:55>> So, it's a To me, it seems like a hazard

25:57to have just a 4x4

26:00pressure-treated

26:02post

26:04getting plowed up right up against it.

26:11Some sort of

26:13a different way

26:15a little bit of a wall, something that

26:16protects that and that's reinforced.

26:20It can't be a wooden pole with

26:21>> Yes, I think

26:22>> against it.

26:23>> Your stairs from that kind of go into

26:26just where would be you'd be reversing

26:28out of the spot there. And then that

26:30could be a little bit

26:32of a safety issue.

26:34>> The parking and circulation was

26:37addressed and approved that site plan

26:38review.

26:39>> Okay.

26:42>> So, you said that

26:48>> You're working with an architect?

26:50>> Yes, Stephen Troy is our architect.

26:52>> Yeah, so it's

26:54I would like to see something

26:56that

26:57stands up, you know.

26:59You don't plow up against

27:02a deck like that.

27:04You're going to have a physical truck

27:07that's going to create a hazard

27:10that could be life-threatening if

27:12somebody's walking down that deck.

27:13>> Well, true.

27:19What tall?

27:21And Erica is, you know, the owner and uh

27:24>> We just use the small machine

27:26to plow them. We don't get

27:28>> It's a condo association. They're going

27:30to subcontract it out

27:33to a private person

27:35to do that.

27:36Condo owner condo association's going to

27:39handle that.

27:41We don't know how they're going to do

27:42it, but most

27:44parking lots, they use a small pickup

27:46truck or something like that with a plow

27:49on it.

27:51They'll use a snow blower for walkways

27:53and whatnot. But I don't know a lot of

27:55commercial plowers

27:57that go around with the

28:00shoveling a whole big parking lot like

28:01that. I mean,

28:02>> [clears throat]

28:02>> eight eight nine cars, eight cars.

28:05>> Right.

28:07>> So something something

28:09structurally

28:11that can withstand that or advise the

28:14the structure of that and reinforce

28:16that.

28:17>> I I

28:18>> I'm not the architect for the job, but

28:20to me that's a hazard.

28:21>> Yeah, I agree with you, Chuck.

28:23And then my other concern would just be

28:25that

28:26are there any entrances from the back

28:28parking lot or you have to walk up the

28:30driveway and around to get into the

28:32house?

28:32>> No, there is

28:34in the back.

28:37It doesn't show in there.

28:42>> It's a driveway on the arrow or are you

28:44assuming?

28:45>> Cuz right now we have a deck.

28:47But it doesn't show in there. But

28:49>> on this yes.

28:50>> Uh-huh. So the deck with Oh, I know, but

28:53how about the three family?

28:54>> It's at the arrow of the 42 B at the end

28:57of the arrow. This here. That is the

29:00entrance on the back end.

29:01>> I believe so.

29:02>> Yeah, you can label where those are, so

29:04when people are coming up.

29:06I would want to have that marked.

29:08>> Oh, no. No, that it won't have cuz it

29:11will be the sprinkler building. So it

29:14just one egress.

29:16So

29:17um it only require one egress.

29:19Yeah, it won't have any in the back.

29:23>> Okay, this is

29:28>> I guess the pedestrian traffic is what I

29:30have a concern with right now.

29:32Cuz if you if you have to enter from the

29:34front of the building, they're coming up

29:36the easement where the driveway is.

29:38I'm like

29:40how are you going to handle that when

29:41cars are coming in and backing out and

29:43you're carrying groceries the other way

29:44and I think for me that's a little bit

29:46of a safety concern.

29:48Cuz you can't go through the side yard,

29:49especially if there that's where your

29:51snow removal is over there.

29:55So for me that feels a little

29:58that feels a little dense.

30:14>> Do you have any more questions?

30:16No.

30:18>> All right, thank you. Is there anyone

30:19else here who would like to speak in

30:21favor of this project?

30:24Is there anyone here who would like to

30:26speak in opposition to this project?

30:30Okay, but it's the wish of the board.

30:34>> I think I'd like to see something done

30:36with that that deck and pedestrian

30:39access.

30:41>> Okay, I have those as two stipulations.

30:43Do we want to do them as stipulations or

30:45do we want to

30:46>> I'd like to see what they look like.

30:47>> You want to see what it looks like.

30:48>> Yeah, there's just not a lot of room

30:50right now where I could like I'd like to

30:52have my eyes on it before we approve it.

30:54>> So, we could make a motion and we could

30:55make a motion to see another drawing

30:58with revised rear entrance and revised

31:02deck support.

31:03>> Yeah.

31:03>> Would that be acceptable to you, Victor?

31:07>> I I think

31:09Yeah, something that that's that's

31:12structurally resilient.

31:16I don't think this wood post

31:19and the wall there

31:21That's a retaining wall.

31:22>> You were just talking about those wood

31:23posts at the end of the driveway.

31:25>> No, they run right down the driveway.

31:26>> Oh, they run right down the driveway.

31:29>> Yeah.

31:29>> Oh, yeah, yeah, yeah, yeah.

31:30>> So, there's seven What do we have? One,

31:32two, three, four, and then the stairway

31:33itself

31:35are all are all at risk.

31:38>> So, let's make the motion that um we're

31:40still looking at this project and we'd

31:42like to see a revision made to the rear

31:44entry so it's a little safer.

31:47And we would like to see a revision made

31:50to the structural support of that deck

31:53so that there's no possibility that

31:55could get knocked down by a snowplow.

31:57>> And that doesn't involve changing the

31:59structure of that. You just need to

32:01guard in that.

32:02>> Yeah.

32:02>> Well, it could be.

32:04>> Could be both. I I don't know. You need

32:06to get your architect to take a look at

32:07it.

32:18>> Yeah,

32:19I mean

32:20you have that space where the deck is. I

32:22don't know if that becomes a pedestrian

32:24safe safer pedestrian access

32:26to get up to the front. It helps on one

32:28side.

32:29I don't know what's

32:31what's on the other side to come around,

32:34but some it's like a safe walkway in

32:38so you're not walking up a driveway at

32:40night and somebody's pulling in.

32:43>> I I think that's reasonable.

32:44>> Yeah.

32:45>> Um parking is

32:47>> Are you sprinkling this?

32:49>> Yeah.

32:49>> It is sprinkled.

32:50>> It is.

32:51>> So just, you know, to make it more

32:54>> Yeah, once you have

32:55>> residential feel.

32:57I don't like walking up an alleyway at

32:59night by yourself,

33:01all alone, but if it is this

33:03entire list that could come down,

33:04there's no

33:05You know, you're like on a subway,

33:07you're looking for a place to jump off,

33:09right?

33:10>> So, [clears throat]

33:11can we continue the case then? How long

33:14>> I I would just point out that you know,

33:15some of these questions were addressed

33:17in the previous site plan. So it was the

33:19site circulation

33:21and the ingress and egress is is

33:23something that is addressed in that and

33:24that was approved.

33:25>> Um

33:26I would be interested if there's minutes

33:29or a recording or something to see how

33:32Was it the planning board?

33:34>> It was

33:35>> site plan review, how they talked about

33:38it and determined their decision.

33:39>> And I'm not opposed to sharing that. I

33:41think this site would work better.

33:44Yeah.

33:44>> Yeah.

33:45>> Yeah, so how how long do you think it

33:47would take you to come back? So we could

33:49Well, our next meeting is what? November

33:5117th.

33:54>> Okay.

33:55>> I just added dimensions to to the

33:58the site plan for the parking stalls

34:01because I don't think the math matches

34:04up with how that drawing

34:07>> Okay. So add dimensions to parking

34:10stalls, rear entrance, um yeah, clear up

34:14the rear rear entrance, vision and

34:16structural support of the deck, yep, um

34:18guarding the deck.

34:19>> And I think you have

34:20>> And make more residential um for the

34:22neighborhood.

34:22>> Yeah, and your your table had 9 by 18.

34:26Oh, then if I if I go

34:289 * 8 is 72, there's 80 ft there.

34:32Is that 4 ft on either side?

34:35Are you going to make them 10 ft? You

34:36got to revise this table.

34:39>> Just make everything consistent.

34:41>> Awesome.

34:42So, that's the motion. Do we have a

34:45second?

34:48You do.

34:49>> Okay.

34:50>> [laughter]

34:53>> I've been deliberating so long, I

34:54forgot.

34:56>> Um

34:57>> [laughter]

34:58>> I can I can I add one more thing?

34:59>> Sure.

35:00>> Um it's just

35:02you have the deck on the the right side

35:03to the two-family, and you have people

35:06on that side, and then doesn't the

35:08three-story,

35:09doesn't that also kind of become a

35:11walkway? So, doesn't that kind of take

35:12away from your parking? I just need

35:14clarification on that easement and the

35:16actual measurements.

35:18So, you have people walking where the

35:20deck would be, and then also now, how

35:22are the people coming from the back all

35:24the way around?

35:24>> Yes. How would they

35:25>> How would they come down from there?

35:27>> What if there's snow?

35:28>> Yeah.

35:29So, show that's clear.

35:30>> Like what would that new measurement

35:31become if you have walkway on that side?

35:33>> So, you're talking the three-family,

35:35right?

35:35>> Yeah.

35:35>> Okay.

35:36>> There's no parking on the easement. It

35:37would be access.

35:39Egress, egress.

35:41>> No, 100%, but what I'm trying to say is

35:44Please.

35:46It's fine. So,

35:47>> whether you're going to have two rows of

35:49of walkable space, and you're you're

35:52balancing out that easement

35:54more centered in that at beginning, a

35:57walking path on either side.

36:01I don't you know, I don't know what

36:03the solution is for the decking above,

36:06post coming down.

36:08>> So,

36:09>> Clarify clarify area around the deck.

36:11>> Yeah.

36:12>> The walking area of the deck.

36:13>> The additional easement.

36:14>> to the front.

36:15>> And what walkable space they have.

36:17>> Exactly.

36:18>> I think my goal is that they can come

36:20along either side.

36:21You know, and

36:22>> Yeah, but that would impact your snow

36:24storage area.

36:26Yeah.

36:27You're trying to fit a lot in a small

36:29space here.

36:31So, that's why I said you need to go

36:32back to your architect and

36:35let them

36:37>> Okay.

36:37>> some of the details.

36:38>> So, that's the second. Do we have a vote

36:41on that? Yes.

36:44Okay.

36:49To continue to November 17th, correct?

36:53Okay.

36:54Um the members would like to see an

36:55updated plan with a safer rear entrance,

36:59a structurally resilient deck support in

37:02the back with guarding the rails, um

37:04make a more residential neighborhood,

37:06add the dimensions to the parking

37:08stalls, clarify the easement

37:10measurements when a walkable space. Is

37:12that it?

37:13>> Yeah, and it's all that.

37:15>> Member Gilrain.

37:16>> Yes, to continue with stipulations.

37:18>> Member Maglio.

37:20>> Yes, to continue with stipulations.

37:21>> Member Lopez-Hernandez.

37:23>> Yes, to continue with stipulations.

37:25>> Member Olson.

37:26>> Yes, to continue with stipulations.

37:28>> And member Claus.

37:29>> Yes, to continue with stipulations.

37:30>> I think the word was structurally

37:32resilient.

37:33>> Struct- I got it right down.

37:34>> Structurally resilient.

37:35>> Yeah, and it's not around the rails.

37:36It's not around the rails. Look.

37:38They got structurally resilient then I

37:40went down here.

37:41>> Okay. You got both.

37:43>> And it's not around the rails. It's

37:44around the supports.

37:45It's around the supports.

37:46>> Supports of the deck. Supports of the

37:48>> Supports of the deck. Thank you.

37:49>> Okay.

37:50>> Supports of the deck.

37:51Thank you.

37:53>> I'll hold. All right.

37:54>> The next case we're going to hear is um

37:56>> I need him to sign.

37:58>> Who?

37:59>> Oh, him.

38:00>> Oh, [clears throat] the lawyer.

38:01>> Attorney Compano.

38:03>> Okay. The next case we're going to hear

38:05is 60 Grove Street.

38:07>> Thank you.

38:15>> Uh

38:16let's see. 60 Grove.

38:1860 Grove.

38:21Right.

38:23Yeah.

38:25Uh 60 Grove Street, Lynn, Massachusetts.

38:28Parcel number 054211005.

38:31Variance hearing 60 Grove Street, Lynn,

38:34Massachusetts. By his attorney Sam uh

38:37Semel A. Vitali, ZBA 10159.

38:41To vary pursuant to Mass. General Law

38:43chapter 40A section 10 as amended and

38:47provisions of the city of Lynn zoning

38:48ordinance to allow the division of an

38:508,722

38:53square foot lot in the RC district into

38:55two lots. Lot A with an existing single

38:57family dwelling onto the altered into a

38:59two family on a lot with greater than

39:02required area and frontage

39:04>> We have that.

39:04>> but less than required rear yard and lot

39:06B and lot B greater than the required

39:09area and frontage but less than required

39:12rear yard in part as shown on a plot to

39:15be approved and such other relief

39:18required or necessary to determine

39:20whether a practical

39:21difficulty exists or the petitioner

39:23about that relief requested supports the

39:25production of housing with no detriment

39:29to the public interest. The zoning board

39:30of appeals may grant a variance if it

39:32specifically finds that a strict

39:33enforcement of the ordinance

39:36by its law would result in a practical

39:39difficulty and making a discrimination

39:42the permanent granting authority shall

39:44weigh the benefits to the

39:45petitioner and to the public interest

39:48including the interest in supporting the

39:50production of housing against reduction

39:52to the public health, safety and welfare

39:54of the neighborhood and may also

39:56consider whether the practical

39:58difficulty relates to soil conditions,

40:00shape or topography of the subject land

40:01or structures, whether the strict

40:03enforcement would impose a financial

40:05hardship

40:06to on the appellant or petitioner,

40:09whether the benefits sought by the

40:11appellant or petitioner can be achieved

40:12by some other method feasible for the

40:14appellant or petitioner to achieve and

40:17whether the practical difficulty was

40:18self-created.

40:21>> Thank you, Madam Chairperson. I'm

40:23Attorney Vitali. This is Ray Therrien, a

40:25retired Lynn police officer. He's lived

40:28at Grove Street for many years.

40:31And

40:32what's proposed is to take this existing

40:35single-family, keep it in the same

40:37footprint, and make it a two-family on

40:39the larger lot that's shown on Mr.

40:41Reed's plan that has the the zoning

40:44table as well. I brought with me a a

40:46copy of the assessor's map so you get a

40:49sense of the neighborhood. Um

40:51These are This is an older neighborhood

40:53in Lynn, and

40:55it reflects a time when the zoning

40:57ordinance didn't require

41:0012,000 square feet as it did for many

41:03years up until June of 2020.

41:05Once that got reduced, it made the

41:08possibility So, that was one of the

41:10practical difficulties is that the

41:12zoning ordinance required 12,000 square

41:14feet, and the people who uh

41:18who reviewed the zoning ordinance with

41:20the in mind that to afford people

41:22opportunities to get out housing,

41:25wisely reduced that size,

41:28and then this created a much larger lot

41:32available for what then was a

41:34single-family or a would-be a proposed

41:36two-family.

41:37The history of the garages is somewhat

41:39interesting.

41:40Um

41:41They've been there for many years as I

41:43understand it. Mr. Reed was the third

41:45Yeah, they've been from like World War

41:46II. They were like constructed in Lynn.

41:48They were there, and then currently

41:50they're in a state of disrepair. Ray was

41:52thinking about

41:54what to do with the garages. That

41:55presented the second difficulty to

41:58with respect to the The garages really

42:00didn't serve any practical need that he

42:03had or that others had.

42:05And so, the opportunity arose to create

42:09another lot with housing. And so, as

42:12shown on the plan that uh, was

42:14distributed,

42:16uh,

42:16it would still result in two lots if you

42:19look at the the assessors map. And a lot

42:22of it would be mostly distributed.

42:24Um,

42:25the only variance that is required with

42:27respect to the this proposal is uh, rear

42:31yard. And even that is sort of in half

42:34uh, because both have at least the

42:35minimum of 10, but it's actually bigger

42:38in one end.

42:39Uh, and so, that's the relief that we

42:42seek. We think that the practical

42:43difficulty is what I described.

42:46Um,

42:47and as I indicated, in terms of the the

42:49goals that uh, the people who set public

42:53policy and make the rules, it's to

42:55promote housing. And this would create

42:57additional housing units. Uh, but also,

43:00it would create housing units that had

43:02adequate uh, on-site

43:05parking. Um,

43:08one of the things I'm discovering about

43:10uh,

43:10people's willingness to put in ADUs is

43:12that they don't require the parking. And

43:15then uh,

43:16and and then candidly, it also affects

43:19the value of the property.

43:21Uh, but here, there there's an

43:23opportunity uh, to create more rental

43:25housing and and more uh, housing

43:28ownership uh, and increase the supply

43:31which it ought to make it more

43:32affordable, we would hope. So, we think

43:34it's consistent with the city's new zone

43:37ordinance policy with the state's

43:39uh,

43:40uh, zoning.

43:42statewide zoning laws. Uh, and I don't

43:46think it results in any negative impact

43:49uh, on the neighborhood because as I

43:50understand it, uh, Councilwoman Holden

43:52has sent a letter to say he hasn't had

43:54any feedback. And I I don't know if

43:56there's anybody here from the

43:57neighborhood, but

43:59uh, we'll be reading the letter.

44:00>> Okay.

44:01>> Okay.

44:01>> Um, so, then I would think that on

44:03balance,

44:05uh, that it is a proposal that's worthy

44:07of consideration and approval. I'd be

44:09glad to answer any questions.

44:14>> Does anybody have any questions?

44:15>> So net we're talking about three three

44:18net new units.

44:20>> It'd be

44:21new

44:22duplex

44:24on the adjoining street on Peter

44:27and they'd be an additional unit on

44:30on so that's three, correct?

44:33And

44:34>> Inclusionary zoning is

44:37is there a payment in lieu planned or is

44:40one of the or any of these going to be

44:41marketed as affordable?

44:45>> Say that one again.

44:47>> Is there any intention of

44:50having any of the new units being

44:53rented or sold

44:55in a

44:56you know two way restricted income band

44:59or is there a plan for a payment

45:01>> I think but I do think that

45:04I'm not a realtor and I I don't hold

45:07myself out in giving business advice but

45:09I I would say this I think that the the

45:12housing that's proposed would be

45:14consistent with the character that

45:15neighborhood and that's why I brought

45:16the assessors map. That's why I looked

45:18at the houses that were there

45:21and I think that

45:22from my understanding of the real estate

45:24world

45:25it's like what is the famous location

45:27location location. So I think that's

45:29going to affect pricing which then I

45:31think puts it more in the range of

45:33people who have uh

45:36what the average median income would be

45:38in the city of Lynn.

45:41>> When you say you're talking about I'm

45:42sorry were you speaking about affordable

45:43housing?

45:44>> Yeah.

45:45>> Okay.

45:46>> So you're you do not believe that the

45:49three units being created by this

45:52proposal

45:54fall under the inclusionary

45:57>> Not with after they amended the zone

45:59ordinance in December.

46:01You can have an additional dwelling

46:02unit, so but if it did, it did, and then

46:05they have to pay the gas fee, but I

46:06don't think

46:07that this does. But that's that's a

46:10decision I don't make, and I don't think

46:12you guys make. I think somebody upstairs

46:14makes.

46:18But whatever if that's required, then it

46:20would be

46:21under that formula.

46:26>> You couldn't

46:27the two families

46:28>> You're going to give me a name.

46:31>> I think two of them are grand father

46:35The two family who sold

46:37the additional dwelling probably ended

46:40up as a second floor apartment, which

46:41would have been paid by tenants.

46:43>> Yeah. Okay, so the intention is to sell

46:45them to family.

46:46>> Yes.

46:46>> Not not

46:54>> So what what are the dimensions of the

46:57parking

46:58on

46:59lot is it lot B?

47:01>> I think they are 9 by 18. I think Mr.

47:05>> Yeah, we need the

47:06>> I see 18 and 9 and on lot A. And I see I

47:12don't see them, you're right, on lot B.

47:14>> Okay, can

47:15I just like to see a plan where the

47:17driveway

47:18>> Well, we talked about it. We need a curb

47:20cut, I think.

47:21>> Yeah. Where the driveways are,

47:23dimensions of those basically a

47:25landscape plan

47:27that shows

47:30Yeah. It shows the paved areas and

47:32what's not paved. Where the snow storage

47:35is.

47:35>> Well, we can point that out to you, but

47:37at the end of the day, if you look at

47:39the impervious table chart uh neither

47:41lot is anywhere close to 65%

47:45impervious.

47:46>> Yeah. So just

47:47>> And then we talked

47:48>> to I want to know what your building on

47:50on the site and what the dimensions are

47:52of those stalls.

47:55Have that showed.

47:57>> The snow as far as snow removal is

47:59concerned.

48:00you can put straight in.

48:01>> Yeah.

48:03>> Yeah, I don't know what's paved, what's

48:04not paved, but

48:06And that pavement should match the

48:08table.

48:09So, you know, to show what you're going

48:11to build

48:13on here

48:14and have that match what you're saying

48:16in the table.

48:18Right?

48:20And then what? Come back and the table

48:22says this and the whole thing is paved.

48:25That you right?

48:27By having the landscape plan it just

48:29protects you and

48:32that it's being built right and and

48:34it doesn't have to get ripped up to get

48:36occupancy.

48:41>> Any questions?

48:45>> [clears throat]

48:47>> Are there any other questions?

48:50Okay, could you read the letter from the

48:53council, please?

49:03>> Um, dear members of the zoning

49:05zoning board of appeals, I'm writing in

49:07my capacity as ward six city council to

49:09express my support for Raymond

49:12Therrien's proposed project at 60 Grove

49:14Street in Lynn, which includes the

49:16proposed subdivision and conversion of

49:18the existing single family residence

49:20into a two family residence.

49:22As a ward six city council election from

49:25the board that as of the date of this

49:27letter I have not personally received

49:28any complaints or concerns from

49:30residents regarding this proposed

49:32project. I recognize that this does not

49:34necessarily

49:36reflect the views of all residents in

49:38the surrounding neighborhood. Based on

49:40the information available to me, I am

49:42supportive of this proposal and

49:43respectfully ask the zoning board of

49:44appeals to give the application

49:47favorable consideration as part of its

49:48review process and in accordance with

49:51applicable zoning requirements. Thank

49:53you for your time, consideration, and

49:55continued service to the city of Lynn.

49:58Uh sincerely, Frederick W. Hogan,

50:02uh Council Vice President, Ward 6,

50:05Charlestown.

50:08>> Okay. Are there Is there anyone else

50:10here who would like to speak in favor of

50:11this project?

50:13Is there anybody else who would like to

50:15speak in

50:16in opposition to this project?

50:19Okay. What is the wish of the board?

50:24Do you want to Do you want to continue

50:26this so that you can see your driveway

50:28and dimensions of

50:29>> Yeah, I mean, it's That's confusing.

50:31Yeah, dimensions of the parking spaces,

50:33the pervious area shown, the driveways.

50:37>> Okay. That it matches the table. And if

50:41you need

50:41>> So, you're asking about lot B.

50:44The dimensions of the parking

50:46>> Yeah. Yeah, I said that. Dimensions of

50:47the parking spaces.

50:49Pervious area and pervious area shown.

50:54And you want a landscape plan you said

50:56that is on

50:57>> Yeah, that's the driveway, the pervious

50:58>> Okay.

51:00And you need to use landscape plan.

51:03>> To match the the table.

51:05>> Matching the table.

51:06>> And if it just So, I can just

51:08And if it needs to change, then

51:12>> All right. So, let's Is a month Is this

51:14November 17th enough time?

51:17>> I'll be here.

51:18>> Yeah, okay. So,

51:21>> [laughter]

51:22>> Just want to make sure.

51:23Um so, I would make a motion that um

51:26we continue this meeting until November

51:2917th

51:30and we see uh a more dim like a

51:33landscape plan with dimension driveway

51:36um

51:37dimensions showing exactly where the

51:39impervious or pervious uh

51:41pavers and stuff are going to be. Yeah.

51:44To the table. And then dimensions in the

51:46Yeah. And it's so that everything

51:48matches back to the table. Yes.

51:49>> And then parking [clears throat]

51:51parking stall dimensions on lot B.

51:53>> Exactly.

51:54Thank you.

51:56>> Second.

52:03>> [snorts]

52:06>> Member Gelwicks?

52:07>> Yes.

52:10>> Member Maglio?

52:11>> Yes.

52:13>> Member Lopez Fernandez?

52:15>> Yes, to continue.

52:17>> Member Olson?

52:17>> Yes, to continue.

52:18>> And member Frawley?

52:19>> Yes.

52:20>> Thank you.

52:23Thank you, gentlemen.

52:23>> Thank you.

52:27>> All right, the next case that we're

52:29going to hear is 11 Chapman Place.

52:37>> 11 Chapman Place, Lynn, Massachusetts,

52:39parcel number 094-519-048

52:43and 008. Gilfix and Phillips, junior, 11

52:48Chapman Place, Lynn, Massachusetts, by

52:50their attorney, Alexander J. Copanas,

52:52DBA 10160.

52:55It's a variance to the Massachusetts

52:56General Law, chapter 40A, section 10, to

52:58allow the petitioner to demolish an

53:01existing single-family home and

53:03construct a new single-family dwelling

53:05with less than the required rear

53:06setback, 15 ft required.

53:09Uh,

53:10together with any other relief as may be

53:13necessary in the R3 district.

53:15The zoning Board of Appeals may grant

53:18a variance if it specifically finds that

53:20a literal enforcement of the ordinance

53:22or bylaw would result in a practical

53:24difficulty. In making this

53:26determination, the permit granting

53:27authority shall weigh the benefits to

53:29the current owner petitioner and to the

53:31public interest, including the interest

53:32in supporting the production of housing,

53:35against the detriment to the public

53:36health,

53:38safety, and welfare of the neighborhood,

53:40and may also consider whether the

53:41practical difficulty relates to the

53:43conditions, shape, or

53:45topography of such other structures,

53:47whether the strict enforcement would

53:48impose a financial hardship on the

53:50appellant or petitioner, whether the

53:53benefit sought by the appellant or

53:55petitioner can be achieved by some other

53:57method feasible for the appellant or

53:58petitioner to achieve, and whether the

54:01practical difficulty was self-created.

54:04>> Well, again, good evening, members of

54:06the board. For the record, attorney A.J.

54:07Campana on behalf of the petitioner, Mr.

54:09Joseph Phillips, concerning the petition

54:12at 11 Chapman.

54:13This property has been in Mr. Phillips'

54:15family since the '70s. The existing

54:17house that's there is in poor condition,

54:19and the lot has become substantially

54:21overgrown. Mr. Phillips wants to make a

54:24meaningful investment into the property,

54:26clear

54:27by clearing it and improving the site,

54:29removing the existing single-family

54:30home, and constructing a new two-family

54:33home. This property is in the R3

54:35district, where dwelling is permitted by

54:37right. Again, we're not requesting use

54:39relief. The The required requested

54:42relief is for the variance from the

54:4415-ft rear yard setback. The property

54:48consists of two separately deeded

54:50parcels that have merged for zoning

54:52purposes. Together, they contain 5,819

54:56ft. Although the parcels remain

54:58separately deeded, their zoning treats

55:01them as one lot, as you all know. So,

55:03the areas are combined, and the internal

55:05deed line is disregarded for for zoning

55:07boundary purposes. This merged lot now

55:11the proposed layout would Sorry, the

55:14merged lot has sufficient area for the

55:16proposed two-family, but the outside

55:18boundaries are highly irregular. In

55:21particular, there's a substantial jog or

55:24projection in the middle.

55:26Um

55:26That condition is part of the existing

55:28lot configuration and can't necessarily

55:30be avoided. So, it makes compliance with

55:32the rear setback practically impossible,

55:35while also providing a reasonably sized

55:37home safe access, adequate parking, and

55:40appropriate separation from that

55:42neighbor house neighbor's house.

55:45So, this layout moves the home further

55:47back into the property and away from the

55:49existing neighbor's house.

55:51It will allow the petitioner to provide

55:53four off-street parking spaces, two

55:55beneath the building, and two surface

55:57parking spaces, together with the trash

56:00area and snow storage areas

56:02in the remaining dimensional

56:05uh great requirements will be satisfied.

56:07As you mentioned, under the amended 40A

56:09Section 10, variance shall be granted

56:12where strict enforcement would result in

56:13a practical difficulty.

56:15In making that determination, the board

56:17you all are allowed to weigh the

56:19benefits to the public, which would

56:21include the interest in supporting

56:22housing production

56:24against the detriment to the health,

56:25safety, and welfare of the neighborhood.

56:28It expressly allows you to consider the

56:31whether that difficulty is a arises from

56:33the shape of the land, which here it

56:35does.

56:36Here it does arise from the unusual

56:37shape. Requiring the full rear setback

56:40would force the building forward and

56:42reduce available parking and usable open

56:44space, and place the new structure close

56:47to the neighboring home.

56:50This relief will allow a deteriorated

56:52and overgrown property to be

56:54substantially improved. It will replace

56:56an aging single-family home with a new

56:59two-family home constructed to modern

57:01building standards, and it will create

57:03one new additional dwelling unit, and it

57:05will provide four off-street parking

57:07spaces, and it's going to improve the

57:09site in in the neighborhood. The site

57:12especially overall.

57:14So, the limited rear setback

57:17you can be granted without detriment to

57:19the neighborhood.

57:20And again, this is a narrow dimensional

57:23request.

57:24It's a by-right use, and it would

57:26advance housing production.

57:28Um

57:30For those reasons, we respectfully

57:31request that the grant that the board

57:33grant the

57:34uh rear setback variants and together

57:37with any other relief you determine

57:39necessary and happy to answer questions.

57:41Thank you.

57:41>> So how close is it to the rear?

57:45I'm looking at the plan and I'm not sure

57:47I'm seeing what I'm seeing on the

57:48>> I have it

57:50at

57:51I believe 5 ft on the most up-to-date

57:54plan between the corner of the house and

57:56that rear property line.

58:02On Mr. Foot on

58:05Mr. Fehr's plan here.

58:11>> Do you guys have any questions?

58:20You're showing two parking spaces for

58:22two homes.

58:23>> There's two parking spaces underneath

58:25the duplex so there's two under and two

58:28surface.

58:28>> Got you. Okay. Does

58:30>> I've been oriented and I'm trying to see

58:32how it's oriented on the site like the

58:33entrance of the house.

58:34>> Yeah so

58:37I think

58:42>> Yeah two stalls straight back

58:46and the front of the house so to speak

58:49is facing the other house.

58:51I'm trying to visualize how the house is

58:53oriented related to the architectural

58:56drawings.

58:58>> So there's the site plan. You can see

59:01the existing on the right.

59:04Those two driveway spots and the

59:05building it's really close to that

59:08and the proposed dwelling has moved

59:10back.

59:11You enter from Chapman through that

59:13driveway

59:14there

59:15and you would pull in front and then

59:17there's two two spaces under.

59:19>> Okay. So so

59:21one of them the two.

59:23>> Yes.

59:24>> How do you get into

59:26underneath the garage with somebody

59:28parked there for them.

59:32I've two for that.

59:35And then how does that person get out if

59:37there's somebody parked there?

59:42>> Um

59:45Well, they they will be

59:47they will have each

59:49they will be designated for use for that

59:51family um or for that dwelling there.

59:54So, they'll have two each.

59:56Um

59:57they can make use of it and coordinate.

1:00:05It's a tough one.

1:00:16>> I see you have a designated snow snow

1:00:18storage, you have a designated trash

1:00:19area. How about um

1:00:21permeable

1:00:22>> [clears throat]

1:00:23>> imper permea imper obvious impervious

1:00:25tile or

1:00:27impervious impervious

1:00:28>> Given that 2,200 square foot lot in the

1:00:31back is going to be all open space, I

1:00:33calculated our um

1:00:36green space to be almost 74 almost 75%

1:00:41um

1:00:42approximately 4,300 square feet.

1:00:45>> Even even with the two parking spaces in

1:00:46front?

1:00:47>> Yes. Yep. Yep.

1:00:49>> Because that'll have to be paved, right?

1:00:51That'll have to be driveway and

1:00:52everything has to be paved up to that

1:00:53point.

1:00:56>> Sure. It's just a way to jockey them

1:00:58back and forth or

1:00:59>> Yeah.

1:01:03It looks like your whole front of the

1:01:04actual isn't going to be paved except on

1:01:06the left side.

1:01:10>> That that area in the back is

1:01:13all going to be lawn and green space

1:01:15back there. Yeah.

1:01:17And behind the porch and

1:01:19>> And on the back inside.

1:01:20>> Yeah, and on those right of the of the

1:01:22house.

1:01:23>> Is it is the um

1:01:26Is the two-family set up like like a

1:01:28duplex?

1:01:29>> It is set up like a duplex, yes.

1:01:32So, I can

1:01:33>> I was wondering, could the

1:01:37could one side of that duplex

1:01:40push back towards that open open lot?

1:01:44It's great. It's on the right side of

1:01:46that like if they split it like a

1:01:47duplex.

1:01:48>> Split off set a little.

1:01:49>> Yeah. They get more space at the front

1:01:51there.

1:01:52Cuz you do have the space in that that

1:01:54>> You mean turn the house like caddy

1:01:56corner so you can stand in the front?

1:01:57>> No, like like the like the like the

1:01:59townhouse duplex where one side would be

1:02:01>> Oh, we split it back.

1:02:03>> and the other side. So, you create a

1:02:04split with

1:02:05at the firewall thing.

1:02:11Just have a couple of

1:02:16>> Oh, I see where they put this here.

1:02:17They put it on this side.

1:02:18>> Yeah, so they're underneath.

1:02:19>> Yeah.

1:02:22So, yeah.

1:02:23>> Yeah, I don't know if that one gets

1:02:24filled, it's really hard to access.

1:02:27>> I mean

1:02:29>> We We We could We had space along the

1:02:32left side of the house here.

1:02:34>> Can you go back to the site plan?

1:02:36>> Yes, I can, yeah.

1:02:39So,

1:02:40number one spot

1:02:42Originally, we had a space here.

1:02:46And I We asked to designate that.

1:02:50But maybe the site overall works better

1:02:53if one goes back over there. I don't

1:02:54know.

1:02:56>> I think probably.

1:03:00>> Yeah.

1:03:01Yeah, further back. I mean, you can move

1:03:02the trash further back.

1:03:04>> Yeah.

1:03:05Yeah, that would work better.

1:03:06>> The original plan had the one over

1:03:09there. I mean, technically, we need

1:03:11three.

1:03:12>> Right.

1:03:13>> Or yeah.

1:03:14>> Yeah, the the one on that side.

1:03:16>> Or we could just eliminate the spot

1:03:18entirely.

1:03:20And then it allows ingress and egress

1:03:22from the from the

1:03:24indoor parking spaces.

1:03:26>> Yeah, what's the intent of this

1:03:27property? To live in it, rent one side,

1:03:30rent both sides?

1:03:32>> We're going to

1:03:33>> Are you going to live there?

1:03:34Are you living there?

1:03:35>> No.

1:03:35>> No.

1:03:36>> No, my son lives there.

1:03:38>> Okay, so this is for your son and a

1:03:39renter? Is that what this is for? Or

1:03:41>> More than likely it's going to just be

1:03:43my family.

1:03:44>> Your family. Okay, so like you and your

1:03:46wife and your son.

1:03:47>> No,

1:03:48um

1:03:49>> Other other family members.

1:03:50>> Other family.

1:03:51>> Got you.

1:03:52>> Yeah, I mean I would I would probably

1:03:55show show a stall there. Hopefully you

1:03:57don't need it, but

1:03:58>> Yeah.

1:04:00>> People obviously when you have family

1:04:02gatherings the driveway's going to fill

1:04:03up completely.

1:04:04>> And then every

1:04:04>> And there is no parking

1:04:06>> There's jockeying

1:04:06>> on the street there at all.

1:04:08Because the trash could move back and

1:04:10that parking doesn't necessarily need to

1:04:12be

1:04:14That portion

1:04:15>> on the wall line on the left.

1:04:16>> That way we don't have two stalls in

1:04:17front of the garage.

1:04:18>> Yeah. I just don't think

1:04:20>> The two stalls were stalls.

1:04:21>> All right, so yeah, I think we move one

1:04:23stall to that side of the house.

1:04:25>> a viable

1:04:25>> What do you think of that spot?

1:04:26>> This one.

1:04:27>> Yeah.

1:04:36>> It'll keep peace in the house.

1:04:38>> [laughter]

1:04:39>> For somebody.

1:04:41>> Move your car.

1:04:47>> Um

1:04:47>> Thank you for that suggestion.

1:04:49>> Okay, so what do you folks want to do?

1:04:52Um well, first of all,

1:04:54do you have any other questions?

1:04:56No. Okay. Is there anybody else here who

1:04:58wants to speak in favor of this project?

1:05:02No. Is there anybody else here who would

1:05:03like to speak in opposition to this

1:05:06project? Okay. Gentlemen, you may have a

1:05:08seat.

1:05:09>> Thank you so much.

1:05:11>> [clears throat]

1:05:11>> Ma'am, up, and your name, and address.

1:05:14>> My My name is Arnaldo Velasquez. I live

1:05:16at 18 Pattison. So, I'm right

1:05:20on the next street over, but I'm a

1:05:21brother

1:05:23to this property.

1:05:24One of my biggest I wanted to come in

1:05:26here just to see what what it was. One

1:05:28of my biggest concerns is that open

1:05:30space. I've been I moved in there in

1:05:322016. The last 10 years,

1:05:35it has never been cleaned up. I have

1:05:37called city inspections sometimes to be

1:05:40able to clean it up, and it's full of

1:05:42rats.

1:05:43>> Mhm.

1:05:43>> I have had to get BNB and other pest

1:05:47controls all around fix some of my

1:05:49property because of the rats that have

1:05:51come over. I fixed the my backyard, put,

1:05:54you know,

1:05:56I cut the grass,

1:05:57put um

1:05:59you know,

1:05:59ground in it. You see the rats that have

1:06:02come through. You walk They walk through

1:06:05and everything like that.

1:06:06So, I'm for I'm not against housing for

1:06:09that

1:06:10>> Mhm.

1:06:10>> housing. I work for a I work for a local

1:06:12housing authority. So, I'm always in

1:06:14favor of, you know, adding more. My

1:06:16biggest concern was I thought it was

1:06:18going to be moving back to clear out

1:06:19that area, make it more beautiful,

1:06:21[clears throat] cuz it'll help me as a

1:06:23neighbor, and it'll help the whole

1:06:24neighborhood.

1:06:25>> Well, doesn't it do that? Cuz the house

1:06:26moves all the way back.

1:06:27>> Well, it Well, it moves all the way

1:06:28back? So, that's the plan?

1:06:30>> Sir,

1:06:32>> So, that's my concern That was my

1:06:33biggest concern because it was never

1:06:35it's never been taken care of.

1:06:36>> Yeah.

1:06:37>> So, and that was always my biggest

1:06:39concern, you know. As my kids grew up, I

1:06:41had to tell them, "Don't go Don't go

1:06:43Don't go go go to the back area because

1:06:45you don't know what's in there. You

1:06:46don't know what's in there. You don't

1:06:47know what's in there and everything like

1:06:48that. So, that was always my biggest

1:06:49concern.

1:06:50>> So, if you look at the If you look at

1:06:51the plan on the left, you see that big

1:06:53rectangle there in the middle?

1:06:55Okay, and that diagonal line that's

1:06:57going across the back, that's the

1:06:58property line.

1:06:59>> Okay.

1:07:00>> Okay, so you can see it's moving all the

1:07:02way back to the back property line. So,

1:07:05that'll

1:07:05>> So, that was my Yeah, that was my

1:07:06biggest concern that to coming here. And

1:07:08when I saw it, I wasn't I couldn't read

1:07:10it from back there and I apologize, but

1:07:11that was one of my biggest concerns.

1:07:13>> Not a problem.

1:07:14>> I mean, if anybody is down there, I'm

1:07:15hoping that they but you know, that

1:07:17that's the whole thing.

1:07:18>> I know.

1:07:18>> I mean, it's to clean up and I know it's

1:07:19a huge yard right now.

1:07:22Um and it's sometimes difficult, but I

1:07:23just wanted to make sure that, you know,

1:07:25we were

1:07:26doing that.

1:07:26>> Yeah, I think that's right.

1:07:27>> I mean, there is a uh a plan to, you

1:07:30know, mediate pests or something like

1:07:32that during construction cuz as soon as

1:07:33they open up the

1:07:34>> Yeah, and things are going to go wild.

1:07:36>> Yeah, everything's going to go wild. So,

1:07:38I don't know how that those plans go or

1:07:40if they get

1:07:40>> I don't either.

1:07:41>> I guess that's something to get

1:07:42>> Yeah, we'll have to get with the staff.

1:07:44>> I see.

1:07:44>> times.

1:07:45>> Exactly. Exactly. I just want to make

1:07:47sure.

1:07:47>> Okay.

1:07:47>> All right. Thank you.

1:07:49>> Thank you.

1:07:50>> Bring some questions that I have.

1:07:52>> You're Ronald Reagan.

1:07:52>> The other The other possible years.

1:07:54>> What's your last name?

1:07:55>> That's Can I get you going with this?

1:07:58AC. What is the plan for your business?

1:08:00>> Is there

1:08:01>> I think I

1:08:01>> Exactly.

1:08:02>> Yes.

1:08:02>> I gave it to the backyard.

1:08:04>> Okay, let's see.

1:08:06>> Okay, that's the book. Okay. All right.

1:08:08>> Thank you.

1:08:09>> I don't have the pictures that I sent to

1:08:11Chris Cole, but I got I went to the site

1:08:13and I sent pictures.

1:08:15>> Look at what she did.

1:08:17>> what it looks like now.

1:08:22The trees are all over it.

1:08:23I think

1:08:24>> So,

1:08:25>> Now that what I would like to see

1:08:27>> Here it's safe.

1:08:27>> is basically a landscaping plan

1:08:29>> pictures from the site.

1:08:31>> What's proposed?

1:08:33What do you think?

1:08:34joining cost. If it's If it's part of

1:08:37this class all the time then

1:08:40Yeah.

1:08:41So,

1:08:42I guess the intention is is to make it a

1:08:44more livable lot for the two residents

1:08:47of the school.

1:08:48Uh which is a luxury in many parts

1:08:52of land. So, for this one it's quite a

1:08:53dense area. It's kind of a unique lot.

1:08:57>> And also And also just to get it cleaned

1:08:59up with these major things. I mean,

1:09:01that's that's huge.

1:09:02>> Yeah, that would help. I know what

1:09:04that's like.

1:09:05Yeah.

1:09:06And so

1:09:06>> Yeah, just landscaping points, you know,

1:09:08you show me your paved meter,

1:09:10what's paved, what's not paved.

1:09:14>> So, show paving.

1:09:17Show

1:09:19>> Revised parking.

1:09:20Revised parking and and what's to be

1:09:23landscaped.

1:09:25>> Okay.

1:09:26>> Paving and landscape.

1:09:27>> Okay, so it sounds like we have a motion

1:09:30to continue until 11:17.

1:09:34Okay.

1:09:38Uh to 11:17, show paving, um obviously

1:09:42previous and impervious, uh show let's

1:09:45get those percentages on there and then

1:09:46show landscaping and

1:09:49and revised parking.

1:09:50>> Revised parking.

1:09:51>> I have PKG. I don't know what that

1:09:52meant.

1:09:53>> [laughter]

1:09:55>> Revised parking.

1:10:00>> I just wanted to say to the abutters, it

1:10:01will be a little disturbing during

1:10:02construction, obviously, there it always

1:10:04is, but hopefully it'll be a in the end

1:10:06result will be an improvement.

1:10:08>> All right, so that's a motion. Do we

1:10:10have a second?

1:10:11>> Did you make the motion?

1:10:12>> I'll second that.

1:10:13>> I did.

1:10:14>> Oh, you did.

1:10:19To continue to November 17th

1:10:22and show on the plans the landscape

1:10:23plan, paved area and not paved area,

1:10:26show that, revise the parking plan, and

1:10:29show previous and impervious on the

1:10:31plans.

1:10:32>> Yeah, the landscape area, you got that?

1:10:33>> Landscape area, yes, I did.

1:10:35>> So, show that on there.

1:10:37What's that like?

1:10:39>> Yes, Attorney Capano.

1:10:46>> Thank you.

1:10:47>> Thank you, Attorney.

1:10:50>> Thank you, Attorney.

1:11:13>> I took a vote.

1:11:14>> Yeah.

1:11:15>> Sorry. Um member

1:11:18Gilrain?

1:11:19>> Yes, to continue.

1:11:21>> Member Vadgama?

1:11:22>> Yes, to continue.

1:11:23>> Member Lopez Hernandez?

1:11:24>> Yes, to continue.

1:11:25>> Member Olson?

1:11:26>> Yes, to continue.

1:11:27>> Member Crowell?

1:11:28>> Yes.

1:11:29>> Number 17.

1:11:32>> Okay, the next one we're going to hear

1:11:35is 313 Eastern Avenue.

1:11:51>> [laughter]

1:11:52>> Mary, you don't even need to read this

1:11:54tonight.

1:11:54>> Can you continue?

1:11:55>> Yeah, you have to read it cuz we didn't

1:11:57we didn't we just continued it. We

1:11:58didn't open it.

1:12:02>> Sorry.

1:12:06I would love to see you, but I can't.

1:12:17Mr. Irwin

1:12:18open

1:12:20>> 313 Eastern Avenue, Massachusetts

1:12:22>> You can ask him to sit down if you want.

1:12:23>> 105

1:12:25423037

1:12:27for Nina Areas

1:12:29Uh Abenza Multi

1:12:31Service LLC 313 Eastern Avenue, but here

1:12:34it is attorney Alexander Jacobson, B A

1:12:38105 55

1:12:41The petition pursue to mass general law

1:12:43chapter 48 section 9 and section 5 of

1:12:48the city of Lynn zoning ordinance for a

1:12:50special permit to use unit one left side

1:12:53first floor as a multi-service office

1:12:57without changing any other existing uses

1:12:59in the R2 zoning district. Section 5B of

1:13:03the zoning ordinance states that the

1:13:04zoning Board of Appeals may approve a

1:13:06special permit to change or extend a

1:13:08lawfully pre-existing non-conforming use

1:13:11or a change from one non-conforming use

1:13:13to another non-conforming use in

1:13:15accordance with this section only if it

1:13:18determines that such change or extension

1:13:21is not substantially more detrimental to

1:13:23the neighborhood than existing

1:13:24non-conforming use.

1:13:28>> Thank you again.

1:13:29Good evening again. Attorney A.J.

1:13:32represent the Avanza Multi-services for

1:13:34the Eastern Ave application. We are in

1:13:36the R2 district. The property contains a

1:13:39lawfully pre-existing non-conforming

1:13:40business use. So we are requesting a

1:13:42special permit under 5B to allow Avanza

1:13:46to operate a multi-services office

1:13:48within approximately 1877

1:13:521877 square feet on the first floor. So

1:13:56the current I got better information

1:13:58from the current landlord. The current

1:14:00building arrangement and the uses are as

1:14:02follows. So Avanza will occupy the 1877

1:14:06square feet 177. I don't know why I

1:14:09can't say that. Sorry. 177 square feet

1:14:12on the first floor and Coolman Electric

1:14:14will continue to use the remaining 623

1:14:18square feet as their office space which

1:14:20is already existing. The businesses will

1:14:22share a common area that has two

1:14:24bathrooms. The basement and the

1:14:26accessory garage are exclusively for

1:14:29Coolman Electric storage.

1:14:31And the second floor is residential.

1:14:34Um

1:14:36This application is not seeking to

1:14:38change

1:14:40We're not seeking to change that it's

1:14:42used as an office with residential and

1:14:44storage and storage. We're just adding

1:14:47their

1:14:48office space used to that first floor

1:14:50portion. Um the Avanza business is going

1:14:53to provide document translation,

1:14:55interpretation, notary services,

1:14:57administrative assistance, uh

1:14:59immigration paperwork, primarily serving

1:15:01members of the Spanish-speaking

1:15:03community.

1:15:04Um the proposed hours would be on be

1:15:06Monday through Friday, 9:00 a.m. to 5:00

1:15:08p.m. The business generally operates by

1:15:10appointment with approximately two to

1:15:12three employees on-site at any one time.

1:15:14Um there's not going to be any retail

1:15:16sales, manufacturing, outdoor activity,

1:15:18outdoor storage. Any signage will be

1:15:21limited to like a window sign or any

1:15:23other signs will comply with the

1:15:24ordinance. Um

1:15:26section 6 requires one parking space for

1:15:28every 300 square feet of office space.

1:15:31So that 877

1:15:33square feet of office space would

1:15:35require three spaces.

1:15:37Uh and Avanza has been assigned the

1:15:39three existing spaces along the driveway

1:15:42of the plan that I submitted number

1:15:43marked as spaces 5, 6, and 7. I can pull

1:15:46it up. Um the the the existing parking

1:15:50serving Coolman Electric and and the

1:15:52residential tenants is also going to be

1:15:55remaining. Um

1:15:57this proposed use is not going will not

1:15:59be substantially more detrimental to the

1:16:01neighborhood than the existing

1:16:02non-conforming business office use. It's

1:16:04essentially a limited change from one

1:16:06office use to another office use.

1:16:08Uh it's not expanding the building. It's

1:16:10not altering the other uses in the

1:16:12building. It's not creating noise,

1:16:13odors, manufacturing, or significant

1:16:16amounts of deliveries. Um the business

1:16:18is going to operate during ordinary

1:16:20weekday hours and primarily by

1:16:22appointment. Um and based on the

1:16:24calculations that I have, we have

1:16:25sufficient parking. Um so for those

1:16:27reasons, we respectfully request that

1:16:29you grant a special permit under section

1:16:315B to allow Avanza to operate their

1:16:35office space. And uh

1:16:38thank you, and we're happy to answer

1:16:39questions.

1:16:40>> What is the

1:16:41What is the actual um

1:16:43range of hours of operation?

1:16:45>> He gave them their work

1:16:46>> Monday to Friday 9:00 to 5:00 is what we

1:16:48told

1:16:48>> 9:00 to 5:00?

1:16:49>> Yeah. Yeah.

1:16:49>> Okay. 10:00 10:00 a.m. to 5:00 maybe.

1:16:51>> I would push them more like

1:16:53Do you have visitors? Do people come to

1:16:55your office for your services or do

1:16:57people call you and mail you stuff? So,

1:17:00appointment

1:17:01>> They want somebody to call you. Yeah,

1:17:02you did say that by appointment.

1:17:03>> it one at a time for privacy reasons or

1:17:06do you have multiple offices?

1:17:08>> Max three people at a time. What one of

1:17:11the

1:17:11>> One of the three?

1:17:12>> Yes.

1:17:13>> Okay.

1:17:14So,

1:17:15>> So, that that requires a lot more

1:17:17parking.

1:17:18>> Yeah.

1:17:19>> So, it just be three people.

1:17:21>> Yeah, you're three but then when people

1:17:23come to visit you, where do they park?

1:17:27>> So, we would leave the parking spaces

1:17:29strictly for clients, not for employees.

1:17:32>> [laughter]

1:17:33>> Okay.

1:17:38How many parking spots are on the site?

1:17:41>> I don't know. Did you bring it up?

1:17:42>> I can bring it up. I believe it shows

1:17:43seven.

1:17:46>> But some are for the electric company,

1:17:47right?

1:17:49>> Is it?

1:17:52>> Well, Eastern, yeah, but it's Try and

1:17:55park on Eastern, yeah.

1:17:56Yeah, there is

1:17:58seven.

1:18:00>> Three.

1:18:04>> Is the garage storage or the street?

1:18:06>> The garage It could be used as flex

1:18:08parking and I was talking about that

1:18:10with the with the land with the landlord

1:18:12who's pulling electric.

1:18:14Um

1:18:16Yeah.

1:18:16>> So, five five six and seven.

1:18:20>> Those are your parking spots.

1:18:21>> Those are the ones that are assigned and

1:18:23those are existing. Um

1:18:24again, I sent in pictures of actually

1:18:27use of the site and

1:18:28I think I actually came by and I

1:18:31And I just think

1:18:32>> narrow. How do you drive by those

1:18:34>> Yeah, the driveway should be Yeah, 12 to

1:18:3714 ft wide

1:18:39>> pull them forward.

1:18:40for parallel parking.

1:18:43It looks like it's about 8 ft wide.

1:18:46And and I would have a hard time pulling

1:18:48a lawnmower in there without hitting the

1:18:51house.

1:18:53And it's really difficult to maneuver

1:18:56the vehicle

1:18:58That requires

1:19:00each car one by one to drive in and each

1:19:02car to pull out to use those spots.

1:19:05>> Which works for

1:19:06electric.

1:19:07>> So because everybody's

1:19:09leaves in the morning and they come back

1:19:11later. So if they stack up that's fine.

1:19:13>> This is the existing layout and again

1:19:15we're you know we're not expanding the

1:19:17building we're just changing a portion

1:19:19of the first floor use.

1:19:22>> I think just to clarify here

1:19:26current area that's being used for

1:19:28offices is under 900 sq ft, right?

1:19:31>> I believe the first floor entirely is

1:19:331500.

1:19:35>> Oh, okay.

1:19:35>> Yeah.

1:19:36>> And so what

1:19:38what the the your clients are renting

1:19:41this how much?

1:19:42>> It's

1:19:4377.

1:19:45877 to a month.

1:19:46>> 800 so okay.

1:19:47>> 877

1:19:49to a month so it's 623

1:19:52to

1:19:53on the first floor.

1:19:54>> [laughter]

1:19:54>> Yeah, that is common area.

1:19:57>> This this floor plan is

1:20:00here but um

1:20:06>> It's a drive.

1:20:07>> It's not it doesn't show Coolman so that

1:20:09shows our space. So

1:20:12that's our space.

1:20:14Part of the office space.

1:20:16>> This is what it looks like.

1:20:17>> Okay, so it's

1:20:18>> Yeah.

1:20:19>> And then the remaining of the first

1:20:21floor which is that

1:20:23demised the

1:20:25square area is what Coolman continues to

1:20:28use as their space.

1:20:29>> Mhm.

1:21:01>> Does Coleman take parking clients?

1:21:04Or is it just the one?

1:21:05>> No, they

1:21:06they're in like multiple houses.

1:21:09>> Yeah, okay. So,

1:21:11have you provided Mr. Poole with the um

1:21:16with the information about when that was

1:21:18converted to an office space? I don't

1:21:20have any record of it at all.

1:21:21>> Yeah, and I spoke to

1:21:23Mr. Poole about that as well. So,

1:21:25>> Okay.

1:21:27>> My client didn't do any of that work.

1:21:29>> No, I

1:21:30>> No, I didn't do that. So, I

1:21:31I have I've requested them. I haven't

1:21:33received anything. We understand that

1:21:36even after tonight we talked about

1:21:38there's going to be be need a

1:21:39certificate of occupancy.

1:21:41Um

1:21:43So, there will be an inspection from ISD

1:21:45and at that point, you know,

1:21:48we'll we'll look at that and we'll get a

1:21:50certificate of occupancy at that point.

1:21:53>> I mean, personally from a zoning

1:21:55perspective, I don't see this as a more

1:21:57intensive use. I

1:21:58If ISD has a problem with parking, then

1:22:01that I'm

1:22:02that's that's their prerogative.

1:22:05But, in terms of the intensity of the

1:22:07use that has affected the neighborhood,

1:22:08I'm not

1:22:10concerned about the the use.

1:22:12>> Well, otherwise other than now have

1:22:14visitors, I don't think the electric

1:22:16company would have visitors.

1:22:20>> No, and then

1:22:22it's it's new space and the lease

1:22:24is very clear that they have those of

1:22:26Safety for their office.

1:22:28>> Yeah.

1:22:28>> So.

1:22:31>> All right.

1:22:32>> So, the the the Walmart next store

1:22:35I I I call it used to be like a marine

1:22:38place and they blocked boats out there

1:22:40all day.

1:22:40>> Yeah.

1:22:41>> Is there is there a fence there now or

1:22:43what's there on

1:22:44>> Yeah, I believe there is a fence. Um if

1:22:46we I just pulled up that picture.

1:22:48>> I think before there wasn't a fence and

1:22:51you could sort of encroach one side or

1:22:52the other a little bit.

1:22:54As needed.

1:22:55>> So, it looks I see I think you can kind

1:22:57of see that.

1:22:57>> That is a big right there.

1:22:59>> Yeah, there appears to be a fence along

1:23:01here.

1:23:02part of these.

1:23:04At least from October 3rd

1:23:06>> You're not getting out of there.

1:23:09>> Uh

1:23:09>> I I know I'm not even going to park

1:23:10there and then get out of there.

1:23:11>> It's not a driveway. When you're you're

1:23:13parking in the driveway is what you're

1:23:14doing in the parking lot.

1:23:17There's no way to go in and out.

1:23:18>> I don't see a fence from imagery from

1:23:21October 3rd, 2026.

1:23:25>> Okay.

1:23:25>> There's some

1:23:27>> There's a fence along

1:23:28>> concrete slabs or something that runs

1:23:30along where the defense used to be, but

1:23:33I don't see anything.

1:23:34>> Yes, they are.

1:23:35>> They're

1:23:35>> Yeah, yeah, the the markers are

1:23:37>> Yeah.

1:23:38>> Oh, there it is.

1:23:39So, is it current

1:23:40>> Yeah, that's all there. It was just like

1:23:42uh other portable ones.

1:23:46>> Oh, is it a portable one? I looked at

1:23:47>> Like like you see in a parking lot.

1:23:49They'll do the same

1:23:50>> Oh, I see what you're talking about.

1:23:51Yeah.

1:23:52Bumpers like you see on concrete

1:23:55>> Bumpers there on

1:23:57>> They used to keep trying to minimize the

1:23:59encroachments.

1:24:01>> I mean, it works.

1:24:04>> Yeah, I mean

1:24:05your customers aren't going to be able

1:24:07to pull in there. It's going to be

1:24:09>> Well, they're going to be able to get

1:24:10in, but I don't think you're going to be

1:24:11able to get out.

1:24:12>> Well,

1:24:12the

1:24:14you're not going to be able to pull into

1:24:15this stall.

1:24:18the middle stall when there's a car

1:24:20>> Yeah, I don't get it.

1:24:21>> Sure.

1:24:21>> Yeah, I don't know. I'm Somebody's

1:24:22parking in seven.

1:24:24and six.

1:24:27I was fine with

1:24:28>> and seven. You know, you're not going to

1:24:30be able to pull in cuz you don't have

1:24:31the sweep eight space to

1:24:33turn the vehicle to fit in the spot.

1:24:35It's going to hit

1:24:38You need You need at least 4 ft.

1:24:40>> I'm going to say somebody's parking.

1:24:41>> That's it. And that's only if you have

1:24:43the head. So,

1:24:45physically fit.

1:24:46>> So, now what you're doing is seven's

1:24:48going to back out with six out.

1:24:51>> And then pull back in. That's the way

1:24:54>> tandem parking.

1:24:56>> And doing that I just

1:24:57>> Which is okay for electrical vehicles

1:24:59cuz they

1:25:00come in and they just pull in the

1:25:01vehicles at night.

1:25:02>> And then pull out forward. But, and and

1:25:04also that's backing out Eastern Avenue,

1:25:05which is That's not possible.

1:25:09>> Which

1:25:11if they're employed there all day,

1:25:13>> Move closer to Mike.

1:25:14>> Given the appointment structure of their

1:25:16business, they may be able to work

1:25:17around that. And if it And if it becomes

1:25:19apparent that they need to carpool

1:25:21everybody and keep you know, they all

1:25:22live in Lynn, they can

1:25:24>> So, the only I would do is just say, you

1:25:26know, if your hours are five, like no

1:25:29business after five, people come home.

1:25:31>> Right.

1:25:31>> And you don't want to be taking up

1:25:33>> Yeah, that's the intention. Very good.

1:25:34>> residents parking when they come home

1:25:36and then nobody has a place to park.

1:25:38>> Yeah.

1:25:40>> Just normal business hours, let's say

1:25:439:00 to 5:00.

1:25:44>> Yeah.

1:25:46>> Okay. Does anybody else have anything to

1:25:48add?

1:25:49Any further questions?

1:25:51Is there anyone else here who would like

1:25:53to speak in favor of this project?

1:25:55Is there anyone here who would like to

1:25:57speak in opposition to this project?

1:26:00What is the wish of the board?

1:26:02>> Motion to grant.

1:26:04>> Second.

1:26:06>> Um

1:26:07with stipulation that um

1:26:10the business be operated during normal

1:26:11business hours, say between 8:00 and

1:26:135:00.

1:26:14>> Yeah, but they do 9:00 to 5:00. They're

1:26:16doing 9:00 to 5:00, I think. please.

1:26:18>> I say 8:00 to 5:00, just so right.

1:26:19>> 8:00 to 5:00, Monday through Saturday.

1:26:20>> I'm going to come in a little early to

1:26:22get set up.

1:26:23>> [laughter]

1:26:24>> Have a little coffee before the

1:26:26translating.

1:26:27>> Okay.

1:26:29Okay.

1:26:30>> [laughter]

1:26:33>> Okay, and by appointment only.

1:26:35>> Yeah, by appointment.

1:26:39>> Okay.

1:26:41Member Kilbane, to grant.

1:26:43>> Yes.

1:26:44>> With stipulations, they open 8:00 a.m.

1:26:46to 5:00 p.m., Monday through Saturday,

1:26:48and by appointment only.

1:26:51>> Yes, to grant.

1:26:51>> Thank you.

1:26:54Member Margio.

1:26:55>> Yes, to grant.

1:26:57>> Member Lopez Hernandez.

1:26:58>> Yes, to grant stipulations.

1:27:00>> Thank you. Member Olson.

1:27:02>> Yes, to grant with stipulations.

1:27:03>> Thank you.

1:27:07>> Thank you. Good luck.

1:27:13Who was watching?

1:27:15>> I will say.

1:27:16>> I will say.

1:27:17>> I thought I heard you.

1:27:23Thank you so much.

1:27:25I 104 Empire Street.

1:27:28Finally.

1:27:29>> [laughter]

1:27:39>> How are you doing, Laura?

1:27:40>> All right.

1:27:41>> We need to read this in or what else?

1:27:43>> Yes, yep. You do need to read it in.

1:27:54Thank you. Have a good day.

1:27:56Oh. 104

1:27:58Last one.

1:27:59Last one.

1:28:10>> You got it?

1:28:11>> Um

1:28:11>> No.

1:28:12>> 105 Empire?

1:28:13>> 104

1:28:14>> 104

1:28:14>> Okay. got it.

1:28:18>> 104 [clears throat]

1:28:19Empire Street Lynn Massachusetts parcel

1:28:21number 095481096

1:28:26fluid Luis Aragon trustee

1:28:29Ochoa Aragon family trust DBA 10157

1:28:35to petition pursuant to mass general law

1:28:38chapter 48 section 9 and section 5

1:28:43of the city of Lynn zone ordinance for

1:28:45special permit to fully dorm at the

1:28:47existing structure including the

1:28:49construction

1:28:50dorm inside dormers within the required

1:28:52setback areas. Section 5 of the zone

1:28:55ordinance states that the zoning board

1:28:57of appeals may approve a special permit

1:28:59for any other reconstruction, extension,

1:29:02alteration, or change of a lawfully

1:29:04pre-existing non-conforming structure if

1:29:06they determine that such reconstruction,

1:29:08extension, alteration, or change will

1:29:10not be

1:29:13substantially more detrimental to the

1:29:15neighborhood than the existing

1:29:16non-conforming structure and will not

1:29:18result in any new non-conforming.

1:29:23>> I have a little letter too. Do we need

1:29:25to read this letter

1:29:26or no?

1:29:26>> I know we don't need to. I think he's

1:29:28already got that letter.

1:29:29>> Okay.

1:29:31Yeah, hi my name is Luis Aragon. Skip it

1:29:33if you already

1:29:34I'm trying to dorm in my house for you

1:29:36know, more couple more rooms. So we are

1:29:38family of Well, we were a family of five

1:29:41and now we're family of

1:29:43four.

1:29:44I have three kids and then they We have

1:29:47a house with two bedrooms

1:29:50and we've been you know,

1:29:51tied up. One kid in the living room and

1:29:55the other one in the dining room and now

1:29:58we finally try you know, make some money

1:30:00to

1:30:01build couple rooms in the

1:30:03attic. That's what I'm trying to do.

1:30:05We can increase the height of the um

1:30:09the roof and

1:30:11build a couple of bedrooms and a

1:30:13bathroom up there.

1:30:23>> Okay.

1:30:25So, are you changing the footprint of

1:30:27the house?

1:30:27>> No.

1:30:29It's a single family just

1:30:30dormer of the house.

1:30:32>> You're just dormering half of this.

1:30:34Yeah, how much

1:30:36How much of the house is being dormered?

1:30:39>> Um

1:30:40I think it's five.

1:30:43Like 90.

1:30:46190 square foot.

1:30:48>> And what's the footprint of the house?

1:30:52>> Uh

1:30:5730.

1:31:03>> So, I see that you're very close to your

1:31:05fence line on one side of the house.

1:31:07>> Yeah, that's the uh eastern

1:31:09>> house you're Is that the side you're not

1:31:11changing that side, are you? Dormers

1:31:13would take it out to the closing.

1:31:14>> Yeah, the setback I think I'm 16 inches.

1:31:18So, I went um

1:31:20I requested a special permit for

1:31:23go up to the straight up with the line

1:31:25of the house.

1:31:26>> Are you doing a dormer on both sides?

1:31:28>> Both sides, yes.

1:31:29>> And then how much of the total length?

1:31:31>> 27.

1:31:33>> Total length

1:31:34What's the total length of the house

1:31:36itself?

1:31:36>> 32 I think it is.

1:31:38>> 32?

1:31:39>> Yeah.

1:31:39>> And does this raise the roof? How high

1:31:41will it How high will it raise it?

1:31:43>> The roof will Right now it's um

1:31:47I think it's a

1:31:484 12 pitch will be almost flat roof.

1:31:53Um whatever it is.

1:31:55>> What's the height of the ground?

1:31:55>> Uh I think it's 30

1:31:5935 36 all together.

1:32:05>> Do we have architectural drawings here

1:32:07or do we have them in the file?

1:32:08>> We have them in the

1:32:09I have them in the file.

1:32:10>> I'm looking at a plan that says it's

1:32:11just shy of 35.

1:32:12>> That's all they have.

1:32:13>> 35 ft

1:32:15>> 34

1:32:1634 ft 8 in

1:32:21>> I'm just before I got to this point,

1:32:22what is the variance for? If it's a

1:32:24single family, it's variance single

1:32:26family.

1:32:27And we're keeping the footprint

1:32:29Where is the

1:32:32>> Making an alteration to pre-existing

1:32:33non-conforming. The non-conformity is

1:32:36side and front yards.

1:32:38>> None of which is changing.

1:32:39>> Stay within the footprint.

1:32:42>> Oh, there it is.

1:32:45>> [clears throat]

1:32:45>> Is there Do you have an existing

1:32:46staircase going up to the attic or is it

1:32:48>> No, it's only 6 ft long. It's

1:32:49non-existing, yes. It's only 6 ft long.

1:32:52Yes.

1:32:54>> Yeah, so it's

1:32:58Trying to understand here is

1:33:00this is 104 Empire Street, right?

1:33:02>> That's right.

1:33:03>> And so

1:33:05This indicates that they're looking for

1:33:08a special permit is required.

1:33:11For any other

1:33:13reconstruction. So, you're not changing

1:33:15the footprint.

1:33:16>> No.

1:33:20>> I think it's just

1:33:21>> You're not You're not increasing the

1:33:22building height.

1:33:24>> Well, the The roof is going to be

1:33:26higher. Right now it's

1:33:28loft style.

1:33:29>> So, the overall

1:33:31The highest point

1:33:32>> point has stayed the same.

1:33:33>> So, the reach the pinnacle, so to speak.

1:33:36>> Yeah, that'll be the same height.

1:33:38>> Peak at right?

1:33:39Um so, that's not changing.

1:33:48It's not substantial. Accordingly, the

1:33:50proposal Accordingly, accordingly, the

1:33:53proposed alteration requires a special

1:33:55permit. Trying to understand why that

1:33:57>> No no part of the existing

1:33:59nonconformities

1:34:01increasing in any way.

1:34:02>> Yeah, so it doesn't need a

1:34:04>> It exists that he needs a

1:34:05>> Okay.

1:34:06>> [clears throat]

1:34:06>> Just to do anything to his house, he

1:34:07needs an inspection permit.

1:34:08>> So if you

1:34:09>> Right. I guess the question I'm still a

1:34:11little confused about where you're

1:34:13putting the dormers. You say you're

1:34:14putting them on each side of the house.

1:34:16Is that right and left side?

1:34:18>> Yeah, basically the basically the full

1:34:19roof.

1:34:21With the exception of a couple of feet

1:34:23on either side.

1:34:24>> So it's going to be shed dormers, not

1:34:26dog houses.

1:34:26>> It's a dormer. I mean the dormer's up in

1:34:28the roof.

1:34:29>> Sorry, what?

1:34:29>> It's on here.

1:34:31>> Thank you.

1:34:32>> Oh, oh, for the attic.

1:34:34>> Yes.

1:34:35>> Yes, of course. That makes more sense.

1:34:37>> There's one bedroom up in the top floor.

1:34:39>> Right, is this bedrooms?

1:34:40>> Yeah, two bedrooms and a bathroom and a

1:34:42bathroom.

1:34:43>> Yeah, okay.

1:34:45Okay.

1:34:45>> No no

1:34:47kitchen sinks and stoves or anything

1:34:49like that.

1:34:50>> Pro- probably a laundry.

1:34:52Laundry, yeah.

1:34:54They got a laundry.

1:34:55>> I don't

1:34:55I don't think I'd want to be up in the

1:34:56attic sleeping.

1:34:58>> [laughter]

1:34:59>> Yeah, my kid.

1:35:01>> I see what you're doing now.

1:35:02>> Okay, I got it.

1:35:05>> All right, so they just need an

1:35:06approval.

1:35:10For the special permit that

1:35:12for the activity. Okay.

1:35:13>> Pretty yeah, the existing

1:35:16nonconformities.

1:35:18Which are not becoming any more

1:35:19nonconforming.

1:35:21>> Yeah. Okay.

1:35:23>> Yeah, in the past it would have been an

1:35:24issue with the full dormer they would

1:35:27have only been able to do 40 ft

1:35:29under the old zoning.

1:35:30With the new zoning that doesn't exist.

1:35:34>> All right, so what is the wish of the

1:35:36board?

1:35:37Do you have any more questions?

1:35:38>> No.

1:35:39I'm clarified.

1:35:40>> You're clarified. Clarified.

1:35:43Uh I make a motion to uh vote.

1:35:47>> Second.

1:35:51>> Any

1:35:54>> No.

1:35:55>> No, okay.

1:35:56>> And just no no kitchen.

1:35:58>> No kitchen.

1:36:00No Oh, yeah, no kitchen again.

1:36:02No kitchen at first.

1:36:04Is that a new construction?

1:36:06>> I'm assuming.

1:36:07>> On the new addition top level.

1:36:11>> I mean, have a house.

1:36:13>> Looks like something.

1:36:14>> So, no [clears throat] kitchen at

1:36:15premise on the new addition dormers.

1:36:17>> Yep.

1:36:17>> Okay.

1:36:19Member Gilmore with the stipulation?

1:36:21>> Yes.

1:36:24>> Member Maggio with the stipulation?

1:36:25>> Yes.

1:36:27>> Member Low Pence and Mendez with the

1:36:29stipulation?

1:36:29>> The grant with stipulation.

1:36:31>> Thank you. Member Olson?

1:36:33>> Yes, the grant with stipulation.

1:36:34>> And member Krawic?

1:36:35>> Yes, the grant with stipulations.

1:36:38>> [laughter]

1:36:38>> Thank you for remembering me.

1:36:40>> It's all right.

1:36:42>> Thank you.

1:36:42>> Thank you.

1:36:43>> Thank you.

1:36:43>> Enjoy.

1:36:44>> Thanks.

1:36:47>> Thank you.

1:36:49>> Mr.

1:36:50>> Oh, yeah, yeah. Uh, do I have a motion

1:36:51to adjourn?

1:36:52>> So moved.

1:36:53>> Second.

1:36:54>> All in favor?

1:36:55>> Aye.

1:36:56>> Aye.