{"citations":{"fe42a768-928e-4ee6-a643-fdfddd9e9e10":{"num":1,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"16f7b538-e31c-4b90-a4a6-a5c18719da07":{"num":2,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"9d147661-6eb2-47a2-859a-37222fa30898":{"num":3,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"c80c8193-8501-4b24-8c8c-3c1d00bd3c8c":{"num":4,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"e6a16ecd-feac-42d1-99ee-13d5ef7fa1fd":{"num":5,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"3389c655-8de3-41bd-89e7-7ee5aed593bf":{"num":6,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"3ca99ee5-ae6d-41a4-90f4-72ae70cb0232":{"num":7,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"2f371a9a-74da-43ef-8c6d-e817693d8300":{"num":8,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"7c6353cb-1e56-4c7a-ab0f-96463e428206":{"num":9,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"598489af-4061-4fc2-a8c3-ee0b70733211":{"num":10,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"b0fe01bc-bf72-486e-aa22-480b6b67b39a":{"num":11,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"6194add4-2eb1-4207-a197-f0d83314dbb7":{"num":12,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"c77b80ec-fd4d-4a68-a5c9-db112d0bda97":{"num":13,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"4735c4c8-6221-4be0-b3a6-92f0539a5524":{"num":14,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"ad57a789-79d5-42db-b699-8e5f766488fc":{"num":15,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"6247a147-e618-4880-a960-91767fb34d2f":{"num":16,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"39bdd5af-28e5-492c-99f6-ef5e00f7b280":{"num":17,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"cbb7a834-78b0-4f0b-b3ca-e0e742b3d2ee":{"num":18,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"ec655506-d370-4f0e-ba24-8ec9d9b1c324":{"num":19,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"4e6f2177-c70d-4f78-8422-75e2c52357de":{"num":20,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"86dde2e5-5a9b-4a15-8bbe-36b1150a9efa":{"num":21,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"427e255a-dd39-4a4b-9827-6caba5750bb2":{"num":22,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"23cd2430-2668-4927-bc50-71f79a43176d":{"num":23,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"46ad1ef6-3c68-4d5a-8d68-595360d20b3a":{"num":24,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"5e06d931-1502-4db2-9796-0492b41555ab":{"num":25,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"3ca3aa84-1e0a-48ed-95ac-c70308155d55":{"num":26,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"},"ddab90d6-1285-4fc4-9a43-fb5b4bf861e6":{"num":27,"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c"}},"sources":{"520e43bf-9a44-4453-b58d-ab99c963292c":{"sourceItemId":"520e43bf-9a44-4453-b58d-ab99c963292c","title":"Zoning Board of Appeals — 2026-01-27","videoUrl":"https://dkjpoal1tejoa.cloudfront.net/sites/a1000000-0000-0000-0000-000000000001/source-items/520e43bf-9a44-4453-b58d-ab99c963292c/Zoning_Board_of_Appeals_Meeting_-_January_27_2026.mp4","chunks":[{"id":"fe42a768-928e-4ee6-a643-fdfddd9e9e10","content":"Speaker 1: \n\nSpeaker 2: Good evening. My name is Christian Klein. I'm chair of the Arlington Zoning Board of Appeals, uh, calling this meeting of the board to order. Um, we'll, uh, go ahead and redo the, um, confirmation that members and anticipated officials are present, uh, for the members of the zoning board of appeals. Uh, Mr. Hanlon here, Mr. Holly? Here. Mr. Bla. Here. Mr. Baranowski here. And Mr. Rosenberg here and our clerk and zoning assistant, Ms. Rolston\n\nSpeaker 3: Here.\n\nSpeaker 2: Good to have you all with us. Um, and appearing for docket 3 8 8 4 26 Reed Street. Um, we have JQ Chi. Yes, I'm here. Great. Good to have you with us. So tonight's meeting of the Arlington Zoning Board of Appeals is being conducted remotely consistent with a bill signed by Governor Healy on March 28th, 2025, which extended temporary provisions pertaining to the open meeting law to June 30th, 2027. The extension of these provisions allows public bodies to hold their meetings remotely by providing live adequate alternative means of public access to the deliberations. This meeting is being recorded and will be broadcast by A CMI. Members of the public court participating via Zoom and who wish to offer public comment should be aware that they will be asked to provide their full name and address so that a complete public record of the meeting can be taken in accordance with state law.","timeStart":0.085,"timeEnd":95.995,"chunkIndex":0},{"id":"16f7b538-e31c-4b90-a4a6-a5c18719da07","content":"Speaker 2: All participants of this meeting are advised that people may be listening to the meeting without offering public comment, and those people are not required to identify themselves. Any votes that are taken this evening will be conducted by roll call vote. Also, reporting materials that have been provided to members of this body are available on the town's website, unless otherwise noted, the public is encouraged to follow along using the posted agenda. And as chair, I reserve the rights to take items out of order in the interest of promoting an orderly meeting, as a board will be taking up new business. At this meeting as chair, I make the following land acknowledgement, whereas the zoning board of appeals for the town of Arlington, Massachusetts discusses in arbitrates the use of land in Arlington, formerly known as Monomy, an Algonquin word meaning swift waters. The board hereby acknowledges that the town of Arlington is located on the ancestral lands of the Massachusetts tribe, the tribe of indigenous people from whom the Colony province and Commonwealth have taken their names. We pay our respects to the ancestral bloodline of the Massachusetts tribe and their descendants who still inhabit historic Massachusetts territories today.","timeStart":96.375,"timeEnd":148.355,"chunkIndex":1},{"id":"9d147661-6eb2-47a2-859a-37222fa30898","content":"Speaker 2: So I will, um, briefly take up, um, two, uh, so the, the two hearings, uh, there, we have three hearings on the agenda for this evening. Uh, both Washington Street and Mystic Valley Parkway have requested a continuance to, um, February 10th. And so we will be voting just to on, on those. Just to continue. We will not be discussing, um, the matters before those two hearings further this evening. That will wait until March, uh, excuse me, February 10th. Um, so with that, um, uh, before opening, uh, so where am I on my agenda here? Okay. Um, so for the public hearing for docket 3 8 8 0 3 0 7 Washington Street, um, the applicant has requested a further continuance. They weren't able to get all the information together, um, in, excuse me, in order to present again this evening. Uh, they will present on February 10th. Um, and so with that request for a continuance, um, I will move that the zoning board of appeals for the Town of Arlington continue the public hearing for docket 3 8 8 0 3 0 7 Washington Street to Tuesday, February 10th, uh, 2026 at 7:30 PM Second, thank Mr.","timeStart":153.525,"timeEnd":241.875,"chunkIndex":2},{"id":"c80c8193-8501-4b24-8c8c-3c1d00bd3c8c","content":"Speaker 2: Hanlin. So roll call, vote of the board to continue. Um, I will pass over Mr. Uh, let's see. Pass over Mr. Hanlin and Mr. Holly as they are both recused, uh, from this hearing. So, Mr. Leblanc? Yes. Mr. Baranowski? Yes. Mr. Rosenberg? Yes. And the chair votes? Yes. We are continued on that. That brings us to the item five on our agenda. Docket 3 8 7 8, uh, one 90 Mystic Valley Parkway. Um, again here, the applicant has requested a, a further continuance to February 10th. Um, but I note that the current, um, because it's a variance application, the variance needs to be closed within 100 days of the application. Um, and that date is, will be February 11th. Um, so I have two votes that I am requesting in regards to Ms. Ali Parkway. Uh, the first, uh, would be to extend the public hearing period, uh, for an additional 30 days, which would bring it to March 13th, which would give us time to file the necessary paperwork, should there be, um, a vote on the matter as opposed to just a withdrawal. So, uh, with that I will move that the zoning board of appeals for the town of Arlington extend the public hearing period for docket 3 8 7 8 1 90 Mystic Valley Parkway by 30 days to March 13th, 2026. The clerk is defi, oh, a confirmation letter signed by the applicant and the board with the town clerk no later than February 10th, 2026. Second. Second. Thank you.","timeStart":242.115,"timeEnd":341.895,"chunkIndex":3},{"id":"e6a16ecd-feac-42d1-99ee-13d5ef7fa1fd","content":"Speaker 2: Uh, so roll call, vote of the board. Um, Mr. Hanlon? Uh, yes. Mr. Holly? Yes. Mr. Le Bank? Yes. Mr. Baranowski? Yes. Mr. Rosenberg? Yes. And the chair votes? Yes. So we have extended the public hearing period for one on 90 missing Valley Parkway, and now I move to the zoning board of appeals for the Town of Arlington. Continue the public hearing for docket 3 8 7 8 1 90 Missing Valley Parkway to Tuesday, February 10th, 2026 at 7:30 PM Second. Thank you, Mr. Hanlon. So, roll call, vote of the board in favor of continuous Mr. Hanlon? Yes, Mr. Holly? Yes. Mr. Bla?\n\nSpeaker 4: Yes.\n\nSpeaker 2: Mr. Broski? Yes. Mr. Rosenberg? Yes. The chair votes? Yes. We are continued on one 90 Mississippi Valley Parkway. Um, that I would like to just back up, uh, briefly to the administrative item number two, which is the vote for the approval of the minute meeting minutes from January 13th. Uh, these were prepared by our clerk calling Ralston, uh, sent to the board for questions and comments and a final version posted back to the board. Um, are there any further questions or comments as they relate to the minutes from January 13th? Um, seeing none, I move to the zoning board of appeals for the town of Arlington approved the minutes from the January 13th, 2026 meeting of the board. Second. Thank Mr. Hanlon. So, roll call, vote of the members present at that meeting. Mr. DuPont is not with us this evening. Mr. Barki? Yes. Mr. Rosenberg? Yes. Uh, chair votes? Yes. Um, Mr. Hanlon, do you want to vote on the minutes? I\n\nSpeaker 5: Don't really think I can. I was not at that hearing.","timeStart":345.795,"timeEnd":454.945,"chunkIndex":4},{"id":"ba9a43ec-cffb-4916-90ae-84e869984e47","content":"Speaker 2: Okay. Okay. Very good. Uh, well, that is three votes in favor, which is a positive vote, uh, for approval of the minutes. Um, I do note that there is a member of the public who has a hand raise. So before I move on to open up, uh, the public hearing on Reed Street, I will, um, ask, uh, this Dean, uh, the reason for raising your hand.\n\nSpeaker 4: Sorry, Mr. Chair. Thank you. I just wanted to let you know that there are some folks that are still apparently in the waiting room. I just wanted to let you know, uh, I, I actually, they're coming\n\nSpeaker 6: In. It's just really taken a long time\n\nSpeaker 4: To let everybody in. Okay. I, I, I think some of them are coming in for some of the topics that you are continuing. I just wanted to let you know that I had gotten a couple of messages and wanted to pass it along. Thank you.\n\nSpeaker 2: Thank you so much. I appreciate you bringing it to our attention. Um, SN is everyone outta the waiting room now?\n\nSpeaker 6: Uh, one more. Hold on. I think that's all.","timeStart":455.015,"timeEnd":525.285,"chunkIndex":5},{"id":"c8b1b69f-32bd-496a-a585-cd42b2881058","content":"Speaker 2: Okay. Um, so to those of you who just joined us, I apologize. It's, uh, things are running a little slow on Zoom in terms of getting people outta the waiting room. Um, so we have, the board has received a request, uh, from the applicants for both, um, 3 0 7 Washington Street and one 90 Mystic Valley Parkway requesting a continuance to February 10th. Um, and the board has voted to approve those continuances. So, uh, there will be no further discussion, uh, this evening before the board on 3 0 7 Washington Street, or one 90 missing Valley Parkway. So if you're here for specifically those hearings, um, we encourage you to please, uh, come back on February 10th. Um, with that, uh, the next item on our agenda is, uh, agenda item number six, which is docket 3 8 8 4 26 Reed Street. Um, if I could ask the applicant to please introduce themself and tell us what they're proposing to do.\n\nSpeaker 7: Uh, uh, good evening, everyone. Uh, let me make sure, uh, I couldn't see myself.\n\nSpeaker 2: We can\n\nSpeaker 7: See you share. Lemme you share my screen. Um,\n\nSpeaker 2: Mr. Austin, can you give him the permission to share? Perfect.\n\nSpeaker 7: Can you see it? Can you see my share screen?\n\nSpeaker 2: We can.","timeStart":525.715,"timeEnd":619.945,"chunkIndex":6},{"id":"3389c655-8de3-41bd-89e7-7ee5aed593bf","content":"Speaker 7: Alright. All right. Good evening, everyone. Uh, my name is jq. Um, um, we, my wife together, we are the owner of 26th re Street. Um, tonight, we, um, um, uh, proposed, uh, uh, uh, I enclosed the front porch at that property. Um, uh, the, the main part, hang on, lemme see the main part. This is the image of the 3D image. Looks like the main part of this renovation. Uh, we already have a, um, issued a permit, um, tonight, the special use permit only about this front porch. This is the proposed, uh, the, the, the front porch. Yeah. Uh, now, um, I would like to go to the, the service, um, the plan first so that we can have a look at the, the, the whole picture. This is, uh, this is service plan. Um, this is, this is service plan for the whole project, but the front porch is only here, let me zoom in.\n\nSpeaker 7: We are proposing to build a un enclosed front porch at the, at the front of the exit structure. Uh, as I mentioned, uh, this is the, this is the main part that we, we already have a issued permit. This is gonna be built on the existing foundation. So, um, the, the proposal front porch will be attached to the front, uh, with the depths of four feet. The overall length is about a 36 feet. Um, this is, uh, this is, uh, this is the, the structure that we are talking about tonight. Um, now nasa, I gonna go to the, the, uh, structure, structure image here.","timeStart":621.185,"timeEnd":730.155,"chunkIndex":7},{"id":"3ca99ee5-ae6d-41a4-90f4-72ae70cb0232","content":"Speaker 7: Um, this is the, again, this is 3D image of the proposed front porch. Uh, it's unclosed with the deck, and also on the top will be the, with the roof, uh, with the, with the poles in, uh, at front. Um, this is the, the floor plan. Um, the ex here is the existing foundation structure. We are gonna build a, a, that front porch for four feet depth, uh, uh, the, uh, at, at this location with the two stairs at both side. Um, now this is shows the, the, um, the, the main structure of this, uh, front porch mainly would be the, would be the, um, the five footings with eight feet, eight feet, uh, spacing. And on the top will be the, the be the, the deck beams, and also the, the beam. Uh, the beam joist on the top will be the, the four by four post. Um, uh, again, to support the, to support the roof. Um, the whole structure will be mounted on the existing structure at this site. Uh,","timeStart":733.345,"timeEnd":798.775,"chunkIndex":8},{"id":"362c04af-d3eb-4733-b0e6-f95a7352af71","content":"Speaker 7: Um, this is the, this is the zoning bylaws that we used, uh, to justify this application, uh, bylaw 3, 3 5 B. Basically this, uh, if the existing structure is non-conforming, uh, the proposed extension need a special permit, uh, provided if, um, that provided it does not increase the non-conformity or it's, or is otherwise found not substantially more detrimental to the neighborhood. Uh, from our side, we don't think it's substantially, uh, more, uh, detrimental to the neighborhood. Um, that's why we are applying for this, uh, special permit. Um, the bylaw 3 5 3 9 B. This is basically says down in close step or deck, which apply this case. Um, uh, do cannot project the more than 10 feet into the front yard. Uh, in our case, we only projected from the existing, uh, foundation wall four feet beyond, uh, into the front yard. So I think we are fine here.\n\nSpeaker 7: Um, this is the, the bylaw three point, uh, 3.9, uh, three, uh, 5 3 9. D says the, um, the, the port deck, um, uh, within the, uh, if in the required setback are not considered to be the, within the foundation wall. That's why we need a special permit. That's what we are doing. Um, so this is, uh, the, uh, the basic, basic information about this project. Uh, now, uh, because of the nature of this project, we mainly build, uh, propose this project based on the aesthetic consideration, uh, make it look better, and also, uh, make the neighborhood, uh, uh, in a more beautiful, and it's in line with the character of this neighborhood. Um, I gonna show, uh, the Google map here.","timeStart":805.545,"timeEnd":912.005,"chunkIndex":9},{"id":"7c6353cb-1e56-4c7a-ab0f-96463e428206","content":"Speaker 7: This is the, um, the, the Google map, uh, 26th re street. And, uh, you'll see that, uh, uh, in this side, uh, our neighbors usually all have a front structure. If we build a front porch here, that ba we think it basically, basically in in line with the character of this neighborhood. And also because of nature of this, uh, um, uh, , uh, uh, front porch, it's not, uh, meant to be, uh, increase the living space. Uh, so we don't think that it gonna increase the, um, the utility, the public utility loading for the town, and also is not going to, uh, increase the traffic loading, uh, for this community. Uh, from that part, we think that that's also a safe, um, that's why we come here to apply for this special use permit. Uh, mainly because this is going into the, uh, front setback. Um, I'm gonna stop here to see, um, if there's any question that, uh, we are happy to answer.\n\nSpeaker 2: Thank you very much. I appreciate it. Um, just a couple of quick questions. Um, so I know that this project went before the Conservation commission, uh, because it of its proximity to, uh, wetlands that are immediately behind the house. Um, the plans that were reviewed by the Conservation Commission, did they include the front porch?\n\nSpeaker 7: Uh, yes.\n\nSpeaker 2: Okay. So they're aware of it and they had no concerns about it?\n\nSpeaker 7: Correct.","timeStart":916.225,"timeEnd":1005.455,"chunkIndex":10},{"id":"2f371a9a-74da-43ef-8c6d-e817693d8300","content":"Speaker 2: Okay. Um, and as you noted, the porch is, it's an open porch. Um, it does, does not have, um, any sides on it or anything. Um, and is located within the front yard setback. I know that the, the house that's set, the existing house is slightly in the front yard. Um, and that this will be a further extension into that front yard?\n\nSpeaker 7: Uh, yes. The existing structure has, uh, 19.9 feet from the lot line. Okay. Um, I, I believe this, uh, for this zone is quite a 25, uh, this\n\nSpeaker 2: 25, yeah.\n\nSpeaker 7: 25. Yeah. It's already nonconforming. And, uh, um, so, but we had a four, four, um, four feet, um, extended beyond that, that foundation.\n\nSpeaker 2: Okay. Um, and just outta curiosity, the concrete driveway that's identified here, is that being removed?\n\nSpeaker 7: Uh, this one, yes.\n\nSpeaker 2: Uh, there's a permeable paver driveway that you show, uh, that's plus to the right of where you're pointing the shaded.\n\nSpeaker 7: This one, this one will stay, this one will stay here, will be the, uh, uh, the permeable P driveway.\n\nSpeaker 2: Okay. But the concrete driveway, just to the right of it, is that staying or is that being replaced, removed?\n\nSpeaker 7: This stay, this is staying\n\nSpeaker 2: That is staying as well. Yeah. Okay. Um, so one thing you'll need to discuss with the, uh, with the building department is that a driveway is not supposed to be wider than 20 feet.","timeStart":1006.245,"timeEnd":1093.745,"chunkIndex":11},{"id":"b0fe01bc-bf72-486e-aa22-480b6b67b39a","content":"Speaker 7: Yeah, I, I'm gonna about say that, um, the, the engineering department, uh, ask us to, I believe I need to measure where it is. He said me to within, once we build this one, this one cannot exceed the 20 feet. Okay. So I may remove part of it after the, uh, after the, uh, build dis uh, paper driveway.\n\nSpeaker 2: Okay,\n\nSpeaker 7: Perfect. But the main part will stay.\n\nSpeaker 2: Okay. I just didn't want you to be surprised. Um, partly because, um, and will the garage remain a garage?\n\nSpeaker 7: Yes.\n\nSpeaker 2: Okay, perfect. Um, are there questions from other members of the board?\n\nSpeaker 9: Mr. Chair?\n\nSpeaker 2: Mr. Baranowski?\n\nSpeaker 9: Um, I think I already got this from the presentation, but I just wanna confirm. So the house currently has, has no front porch whatsoever, or, or some front porch. I I may have missed that in the plans, but I'm just curious as to what the front porch on the house is now.\n\nSpeaker 7: Uh, there's no front porch right now. Um, there was a, there is actually a stoop ish marks here. The only, the stoop uh, the front door from wall here, there's a stoop, and it will be the, the concrete walkway or the stair the steps. And it will be concrete walkway. This is the kind of structure. Okay. The stoop is only from here to here.\n\nSpeaker 9: Thank you. That's all I wanna know. Yeah. Okay.\n\nSpeaker 2: Thank you. Are there other members of the board with questions?","timeStart":1094.175,"timeEnd":1184.945,"chunkIndex":12},{"id":"a9ed594f-10bf-4c62-b9ef-6d9ec6829f68","content":"Speaker 2: Seeing none, I'll go ahead and ask the applicant if can go ahead and stop the share. Um, uh, so before opening tonight's meeting for public, uh, I'm now gonna open the meeting for public comment. Public questions and comments will be taken as they relate to the matter at hand. It should be directed to the board for the purpose of informing its decision. Members of the public will be granted time to ask questions and make comments. Those who wish to address the board should digitally raise their hand using the button on the react tab in the zoom application. Those calling in by phone, please dial star nine to indicate you would like to speak. You'll be called upon by the chair. You'll be asked to give your full name and address for the record, and you'll be given time for your questions and comments. All questions are to be addressed through the chair. Please remember to speak clearly. Once all public questions and comments have been addressed, or a designated period of time has elapsed, the public comment period will be closed. So I don't see the need for a designated period of time this evening. Are there any members of the public who wish to address this application? Um, again, this is docket 3 8 8 4 26 Reed Street.","timeStart":1192.255,"timeEnd":1259.575,"chunkIndex":13},{"id":"6247a147-e618-4880-a960-91767fb34d2f","content":"Speaker 2: Any members of the public wishing to address 26 Reed Street? Seeing none, I'll go ahead and close the public comment period for 26th Reed Street. Um, so as the, as the applicant had noted, uh, at the start, this is an application for a special permit, um, under, uh, the zoning bylaw for an open porch to be constructed within the front yard setback. Um, this falls under two different sections. Um, of the zoning ball laws have been noted, the first, uh, section 5 3 9 D, which, um, allows, which requires that if there's gonna be an expansion of, um, a porch on the, within the front yard, step back, uh, that it is required that a special permit be granted. Um, and I, the applicant had also noticed section 3 3 5, which is a different section. I think, uh, it should have been 8 1 3, uh, which is regarding non-conforming single family or two family dwellings.\n\nSpeaker 2: Um, and sub B of that is that no alteration reconstruction, extension or structural change to a single or two-family residential structure that increases in the nonconforming nature of said structure shall be permitted. Unless there's a finding by the Board of appeals, the proposed alteration, reconstruction, extension or structural change will not be substantially more detrimental to the neighborhood. Um, so those would be the two sections that would, uh, require, um, our consideration. I will note that the, uh, section 5 3 9 D does not have any special findings. No. Um, and 8 1 3 only requires, uh, a finding of that it is not substantially more detrimental. Um, so with that, are there, um, additional questions or comments? Um, as it relates to the application, Mr. Hanlin?","timeStart":1265.205,"timeEnd":1384.125,"chunkIndex":14},{"id":"6194add4-2eb1-4207-a197-f0d83314dbb7","content":"Speaker 10: Um, I'm a little bit confused about which are the sections of the bylaw that, uh, the applicant is saying applies to this. Um, I, it seemed to me, and I don't have the, I don't have the bylaw up because I'm having computer problems and don't have the screen capacity, but from the paraphrase that was in the application, I think that he was doing, he was referring to, I think it's 8.1 0.1, um, uh, sit, the, the provision that has, that says basically if you were switching, if you've got a nonconforming use and you're switching from, uh, you're making a change in the building and so on, as long as the use is substantially the same. Um, let me check and see if this is right.","timeStart":1384.585,"timeEnd":1434.765,"chunkIndex":15},{"id":"c77b80ec-fd4d-4a68-a5c9-db112d0bda97","content":"Speaker 10: Yeah, I think that he was referring to preexisting mm-hmm . Non-conforming structures or uses may be extended or altered, provided no such extension or alteration shall be permitted unless there's a finding by the Board of appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood. Mm-hmm . That usually doesn't apply in this kind of a situation, although it seems to me that, that its interesting. Um, the provision that you cited, Mr. Chairman, uh, contains a similar, um, a similar provision, but it only deals with non-conforming single family or two family, um, dwellings. Um, but no matter which section of 8.1 3 8, 8 0.1 you're dealing with, uh, ultimately it comes back to a, uh, no substantial, uh, impact finding. Um, the chair will recall that we've, that this all comes from section six of the zoning act, which is one of the most confusing statutes known to humanity.","timeStart":1439.915,"timeEnd":1504.905,"chunkIndex":16},{"id":"4735c4c8-6221-4be0-b3a6-92f0539a5524","content":"Speaker 10: And, um, uh, I would certainly prefer to, um, address this, uh, this under, uh, section 5.3 0.9. Um, it is true however, that the applicant referred to the one provision of that, that doesn't seem to be to apply. He referred to section B, which deals only with, with steps and that sort of thing. Uh, and if that were to apply, we wouldn't be here because it would be probably be allowable by. Right. Um, but I think that that A and D are the two provisions that, uh, potentially apply here, depending upon whether you consider the stoop that's currently there, um, a landing or something that is being extended. Um, but either way, the test is the same under A and uh, and under B, the, uh, special and under D the special permit is allowable. And, um, and the standards are exactly the same because there are no special regulations for any part of section 5 3 9.","timeStart":1505.885,"timeEnd":1576.545,"chunkIndex":17},{"id":"ad57a789-79d5-42db-b699-8e5f766488fc","content":"Speaker 10: Uh, so we're back to section 3.3, 0.3 overall, but I'd like to suggest at least that we consider this a project under factor nine A and or D, um, and re refer there. Those provide a, a clear rule and you know, the, the provision of substantially, uh, de more detrimental is designed to by state law is designed to relax the standard. So in effect, by picking, by making operating under 5, 3, 9, we operate under a tougher standard for the applicant than we do, uh, under 8.1. Uh, and so if they can meet that, which I believe probably they can, uh, then we don't have to address the thorny questions about how se section six of the state law or SE section 8.1 of the bylaws, uh, apply to us. So that's a long way, long way around it saying, basically, I think that the, we should be evaluating these things under 5.3 0.9, um, which will require us to refer to section 3.3 as we always do. And, uh, and that makes it, that will make it a clean opinion that won't, that will only have a footnote that will recapitulate in 20 seconds what I've just taken two minutes to say.\n\nSpeaker 2: Thank you, Mr. Hanlin, are there comments from the board,\n\nSpeaker 9: Mr. Chair?\n\nSpeaker 2: Mr. Baranowski?\n\nSpeaker 9: I was just gonna, um, thank the applicant for walking us through also how the, what the porches on the other, um, houses in the neighborhood look like. Um, it's useful to get that in the front end, um, as we're thinking of this rather than having to get it kind of as we ask questions. So just wanted to thank the applicant for doing that.","timeStart":1577.205,"timeEnd":1691.295,"chunkIndex":18},{"id":"39bdd5af-28e5-492c-99f6-ef5e00f7b280","content":"Speaker 2: Well, thank you Mr. Baranowski.\n\nSpeaker 9: Yeah, thank you.\n\nSpeaker 2: Okay. So, um, so for the consideration of a special permit, um, permit, there are, uh, the tests, the findings that the board needs to, uh, make. Um, uh, the board needs to determine that the adverse effects of the proposed use will not outweigh its beneficial impacts to the town or the neighborhood in view of the characteristics of the site. And the proposals in relation to that site termination shall include findings of all the following criteria for granting a special permit. Uh, so the first is that the use requested is listed as a special permit use and the regulations for the applicable district or so designated elsewhere in the bylaw, as we had noted, uh, section 5 3 9 A and 5 39 D um, do allow for, uh, the creation of a porch in the front yard. Uh, even though it is, um, uh, within the, the required setback.","timeStart":1692.195,"timeEnd":1756.795,"chunkIndex":19},{"id":"cbb7a834-78b0-4f0b-b3ca-e0e742b3d2ee","content":"Speaker 2: And also section 8 1 3, uh, excuse me, 8 1 1 and 8 1 3 do allow for, uh, the expansion, uh, of a non-conforming structure with the finding that it is not substantially more detrimental. Uh, the second is a requested use is essential or desirable to the public convenience or welfare. Uh, what we are looking at here, this open porch, um, is a, uh, an element that, uh, the, the town has identified in the res in the residential design guidelines is, uh, one of the features that is, uh, beneficial to, uh, property. Um, in terms of creating a more desirable street, street scape. It makes the property more friendly, um, as had been noted by the applicant. Uh, this porch will also, um, be in line and sort of continue a line of porches, front porches, um, on the street and will not be substantially, uh, different in and setback from other properties, um, adjacent to this property on the street.","timeStart":1757.375,"timeEnd":1818.845,"chunkIndex":20},{"id":"ec655506-d370-4f0e-ba24-8ec9d9b1c324","content":"Speaker 2: Um, also having apor a covered porch, uh, when entering a property is convenient because it does allow the, um, the owners not only to, uh, enter their property, um, uh, first getting outta the weather, but also it allows them a place to sit and enjoy the, the company of their neighbors. Um, and so I think the board can find that the requested use is desirable to the public, uh, convenience and welfare. Uh, the requested, the third test is the requested use will not create undue traffic ingestion or unduly impaired pedestrian safety. Um, as the applicant had noted as well, this will not change traffic, um, at all will not increase or decrease from the traffic in the neighborhood. And it is set, uh, back sufficiently and is sufficiently open to not impair visibility of pedestrians, um, at the street. And so I think the board can make that finding, uh, the forester requested use will not overload any public water drainage or sewer system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the town will be unduly subjected to hazards affecting health, safety or the general welfare.","timeStart":1819.505,"timeEnd":1887.815,"chunkIndex":21},{"id":"598489af-4061-4fc2-a8c3-ee0b70733211","content":"Speaker 2: Um, as had noted, uh, this, this is a, a porch does not, uh, really affect any of the systems, um, in town. And I will note here that this, uh, the front porch was also reviewed, uh, by the Conservation Commission as a part of its application, uh, for a notice of intent, um, because of the proximity of wetlands behind the house. And, uh, that board did not find, um, uh, that this would, uh, cause in any issues as far as their approval. Uh, the fifth is the special regulations for the use may be provided in this bylaw or fulfilled. Uh, as we noted, there are no special regulations, uh, for this use. Um, the sixth is the requested use will not impair the integrity or character of the district or adjoin districts, nor be detrimental to the health or welfare. Um, uh, as the applicant had noted in their initial presentation, uh, the front porch is a, a feature that is on several houses in this neighborhood.","timeStart":1888.475,"timeEnd":1945.785,"chunkIndex":22},{"id":"4e6f2177-c70d-4f78-8422-75e2c52357de","content":"Speaker 2: And the proposed, um, porch here will be in line with those and, uh, provide a similar appearance and be well within the character, um, of this district. So, um, I think the board can reach that determine that finding. And the last would be that the requested use will not by its addition to a neighborhood, cause an excess of that use that could be detrimental to the character of that neighborhood. Uh, the, the use is, uh, as a single family house and that use is not changing, uh, as the appropriate use for this district. And so it cannot cause an excess. Um, and then in addition to those seven, uh, findings, the board would need to make a, the section six determination that the proposed, um, is not substantially more detrimental than the existing condition. And I think the board can, um, can certainly find that what is being proposed is an improvement over, um, the existing condition and certainly is an improvement over what the property would be if it did not have a porch in front and it just had, you know, a straight flat wall. The porch really does, uh, improve the character of the house and makes it more fitting with the neighborhood. And I think, uh, for those reasons, um, it would certainly be nowhere near, uh, substantially more detrimental. Uh, so those are the required special permit findings the board is required to make. Are there any, uh, questions from the board in regards to those proposed findings?\n\nSpeaker 2: Seeing none, um,","timeStart":1945.925,"timeEnd":2037.505,"chunkIndex":23},{"id":"86dde2e5-5a9b-4a15-8bbe-36b1150a9efa","content":"Speaker 2: Uh, should the board vote to, uh, to approve, there are three standard conditions that are provided for special permits. Uh, the first is that the plans of specifications approved by the board for the special permit shall be the final plans and specifications submitted to the building Inspector of the town of Arlington. Connection with this application for zoning relief shall be no deviation during construction from approved plans and specifications without the express written approval of the Arlington Zoning Board of Appeals. The second is the building inspector is hereby notified that they're to monitor the site and should proceed with appropriate enforcement procedures at any time they determine that violations are present. The building inspector shall proceed under section 3.1 of the zoning bylaw and under the provisions of Chapter 40, section 20 1D of the Massachusetts General Laws and Institute non-criminal complaints if necessary, the building inspector may also approve an institute appropriate criminal action also in accordance with Section 3.1. And the third is that the board shall maintain continuing jurisdiction with respect to this special permit grant, are there any additional conditions which members of the board feel would be appropriate in order to, um, approve a special permit for this porch?\n\nSpeaker 2: Seeing none, um, as Mr. Hanlin, if he would be willing to draft an opinion in favor of approval of this application?","timeStart":2039.995,"timeEnd":2120.265,"chunkIndex":24},{"id":"427e255a-dd39-4a4b-9827-6caba5750bb2","content":"Speaker 10: Yes, Mr. Chairman, I would, could I ask one question that was Yes, please. Is a technical question. Um, this application I believe was advertised, um, as, uh, the proceeding evolving Bo Bina, LLC, and which I undertook, which I understood to be the owner of the property. Uh, and that may very well be, uh, Mr. She's wife. But, uh, I would like to be straight as to who the owner is since that's who ultimately the permit be issued to.\n\nSpeaker 7: Will be, will be the, uh, Illa A LC.\n\nSpeaker 10: Okay. Thank you very much. Yeah,\n\nSpeaker 7: Thank you.","timeStart":2120.845,"timeEnd":2166.125,"chunkIndex":25},{"id":"23cd2430-2668-4927-bc50-71f79a43176d","content":"Speaker 2: Um, so I had not read this at the, at the start as I would normally have done, but, um, uh, at the conclusion of, uh, uh, the final vote on any matter before the board will be taken at a subsequent meeting, once the written decision has been drafted and provided to the board, after the decision has been adopted and signed, the decision will be filed with the town clerk starting the 20 day appeal period under state law. After that time, the applicant may proceed with their building permit. Um, so the action that the board, um, would take this evening would be to either continue or to close the public hearing. And so I will move that the zoning board of appeals for the town of Arlington close, uh, the public hearing for docket 3 8 8 4 26 re street second. So what will, uh, uh, so just for the applicant, so what'll happen, uh, we will draft an opinion, um, the decision that will be, uh, reviewed and approved at the following meeting, which will be February 10th. Um, and that, uh, decision will then be signed, uh, and submitted to the town clerk, which starts at the 20 day appeal period. And then after that time, uh, you just need to file a copy of it with the, uh, Middlesex South, um, registry of Deeds in Cambridge. And then you're, uh, free to proceed with your building permit. Got\n\nSpeaker 7: It. Thank you. Thank you.\n\nSpeaker 2: Absolutely. So, uh, then a roll call vote of the board in favor of closing this public hearing. Um, Mr. Hanlon?\n\nSpeaker 10: Yes.\n\nSpeaker 2: Mr. Holly?\n\nSpeaker 7: Yes.","timeStart":2168.445,"timeEnd":2270.085,"chunkIndex":26},{"id":"46ad1ef6-3c68-4d5a-8d68-595360d20b3a","content":"Speaker 2: Uh, Mr. Leblanc may have dropped off. He had conflict this evening. Uh, Mr. Baranowski? Yes. Mr. Rosenberg? Yes. Thank you. And the chair votes? Yes. We are, uh, closed on 26th Reed Street. Thank you all very much, uh, for your participation in this this evening.\n\nSpeaker 7: Thank you everyone. Um, in that case, should I just log off?\n\nSpeaker 2: You certainly may. From here on out, it gets really boring.\n\nSpeaker 7: . Thank you everyone. I'll log on. Thank you. Yeah.\n\nSpeaker 2: Uh, Mr.\n\nSpeaker 9: Chair?\n\nSpeaker 2: Yes. I wonder if\n\nSpeaker 9: You said that every time our drop would, you know, we have such drop\n\nSpeaker 2: In the . Well, I, I said that and now I'm thinking I might be wrong 'cause actually, um, the next item on our agenda item, agenda item number three is an update on the change from Novus to one meeting. And, uh, Colleen is gonna tell us all about this change at the town level. And this might actually be exciting.\n\nSpeaker 6: Don't be too excited. . Alright. Can you see my screen?\n\nSpeaker 2: Can, okay.","timeStart":2270.945,"timeEnd":2346.315,"chunkIndex":27},{"id":"5e06d931-1502-4db2-9796-0492b41555ab","content":"Speaker 6: So the first thing they want us to show you guys, I mean it's here, but they want me to show you the quickest way to get there. Um, so from the town website, go to town governance, and then agendas and minutes of course easy. And then come all the way down here to the bottom and you wanna hit view all boards and commissions and then type in zoning so it's quick and simple. Um, and so I was gonna pick the one for February 10th. Um, so you click on this, it will give you where to register, gives you all the information. They're asking us to switch to OpenGov only. Um, and I don't know, does everyone use OpenGov to look at their applications or people still using Novus attachments or a little bit of both?\n\nSpeaker 2: A little bit of both.\n\nSpeaker 6: Okay. So, so when you open this, you guys all should have a, a all the board members should have a sign up, a sign in log in thing. Mm-hmm . Um, I'm not gonna log in 'cause it puts us into the other, um, realm that everybody doesn't need to see. But, um, here's your application, all the information that you need for that. And then here are the files that are attached. For the most part we try and make sure they're all correct. Um, and then legal ads and a butter's list at the bottom. Um, and that is pretty much it for this. Um, they said at some point there will be a different way to get here. Um, but that, that is not happening yet. Okay. Um, so does anybody have any questions?\n\nSpeaker 2: So is Novus definitely going away?","timeStart":2346.815,"timeEnd":2455.075,"chunkIndex":28},{"id":"3ca3aa84-1e0a-48ed-95ac-c70308155d55","content":"Speaker 6: So we are only allowed to attach the meeting minutes to January, tonight's meeting in February, and then after that Novis will be transferred over into this program.\n\nSpeaker 2: Okay.\n\nSpeaker 6: So all the Novus information will come here too.\n\nSpeaker 2: Got it.\n\nSpeaker 6: Um, it'll be sometime probably in February, but they'll let us know. Okay.\n\nSpeaker 2: And then does this allow you also to view past meetings?\n\nSpeaker 6: This does not. That's why they're leaving Novus open for a little bit longer. Okay. Um, Novus, when they pull Novus over everything or minutes, all of our attachments, all of the agendas should come over into this program.\n\nSpeaker 2: Okay. So currently where in Novus there's the option to look at to do research and look at past things. You can't quite do that yet?\n\nSpeaker 6: No. Okay. You can still use Novus for a couple more weeks? That's my understanding.\n\nSpeaker 2: Okay.\n\nSpeaker 6: Okay. But eventually, yeah, you should be able to see everything from um, Novus in this program.\n\nSpeaker 2: Okay.\n\nSpeaker 6: Okay,\n\nSpeaker 2: Great. Are there any questions from the board? Well, thank you very much Colleen. That's\n\nSpeaker 6: Just happy to bring you all the fun stuff I learn every day. \n\nSpeaker 2: . All right. Well the next, or as was noted, the next meeting of the board is February 10th. Um, we have, uh, the two continued items, uh, both Washington Street and me, valley Parkway and, um, Colleen, were there two additional items on that meeting?","timeStart":2456.575,"timeEnd":2569.845,"chunkIndex":29},{"id":"ddab90d6-1285-4fc4-9a43-fb5b4bf861e6","content":"Speaker 6: I believe there are 3 53 Hodge, 1 25. 1 25, um, Broadway. I can't remember what the third one is, but yeah, there's three brand new ones for that.\n\nSpeaker 2: Got it. Alright.\n\nSpeaker 2: Well, with that, I would like to thank you all for your participation in tonight's meeting of the Arlington Zoning Board of Appeals. I appreciate everyone's patience throughout the meeting. I'd especially like to thank Colleen Ralston for her assistance in preparing for and hosting our online meeting. Please note the purpose of the board's recording of the meeting is to ensure the creation of an accurate record of its proceedings. It is our understanding that the recording made by ACMI will be available on demand at ACMI tv within the coming days. Arlington Community Media is dedicated to providing an electronic forum for the free exchange of information and ideas which reflect the talent, skills, interests, concerns, and diversity of the Arlington community. Please visit acmi TV to learn how to support this valuable public resource. If anyone has comments or recommendations, please send them via email to zba@town.arlington.ma us. That email address is also listed on the zoning Board of Appeals website. And to conclude tonight's meeting, I would ask for a motion to adjourn. So moved. Mr. Chairman. Thank Mr. Hanlon. A second. Second. A Mr. Rosenberg, let that roll call. Vote to adjourn. Mr. Hanlon? Yes. Mr. Holly?\n\nSpeaker 11: Yes.\n\nSpeaker 2: Mr. Baranowski?\n\nSpeaker 6: Yes.\n\nSpeaker 2: Mr. Rosenberg? Yes. Chair votes? Yes. The board is adjourned. Thank you all very much.","timeStart":2574.185,"timeEnd":2668.195,"chunkIndex":30}]}}}