Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING February 11, 2014 A public hearing of the Zoning Board of Adjustment was held on Tuesday, February 11, 2014 at 6:30 PM in the Auditorium at City Hall. Gerry Reppucci, Chair, conducted the meeting. Members present were: Gerry Reppucci J.P. Boucher Jack Currier Rob Shaw Carter Falk, AICP, Deputy Planning Manager/Zoning Mr. Reppucci explained the Board's procedures, including the points of law required for applicants to address relative to variances and special exceptions. Mr. Reppucci explained how testimony will be given by applicants, those speaking in favor or in opposition to each request, as stated in the Zoning Board of Adjustment (ZBA) By-laws. Mr. Reppucci also explained procedures involving the timing light. 1. Miguel & Lucia Guerrero (Owners) 100 West Hollis Street (Sheet 86 Lot 22) requesting variance for minimum lot area, 8,825 sq.ft existing, 10,454.4 sq.ft required – to convert a two-family building into a three-family building. RC Zone, Ward 4. Voting on this case: Gerry Reppucci Jack Currier J.P. Boucher Rob Shaw Percy Almonte, East Boston, MA. Ms. Almonte said that she is the translator for the owners. Mr. Reppucci said it may be better if the Board just asks questions about the request. He asked if it is presently being used as a three-family, and they just found out that it’s not a legal three-family. Ms. Almonte said yes. Zoning Board of Adjustment February 11, 2014 Page 2 Mr. Reppucci asked how long it’s been used as a three-family building. Ms. Almonte said since they bought it in 2006. Mr. Reppucci asked if the owners submitted a building permit, and this issue was discovered. Ms. Almonte said yes, they applied for a permit to separate the utilities, and the City found out that it wasn’t a legal three- family. Mr. Currier asked about the paper in the packet with the abbreviated terms, and where it came from. Mr. Falk said that it is notes from the Assessing file, they write down what they see out in the field for the building. He said at one time, it was an approved three-family back in 1972, and it looks like it reverted back to a two-family. He said the notes state that it is a two-family in 2005. Mr. Currier asked what it is assessed at. Mr. Falk said as a two-family. He said it was three at one point, and they changed it to two units. Mr. Currier asked if they pay taxes since 2006 as a two-family or a three-family building. Ms. Almonte said as a three-family. Mr. Reppucci said in 2009, the notes from the Assessing Department is saying that it’s a two-family. He said that they must have it assessed as a two-family. Mr. Falk said the note says that the upstairs apartment is empty, to not rent out, at one time home was a three-family, currently, it is a two-family. He said the Assessors notes say that it was corrected to a two-family in 2005. Mr. Currier asked about parking, and if it includes the fenced- in area. Ms. Almonte that the existing shed/garage is only for storage. She said that there are seven or eight spaces. Zoning Board of Adjustment February 11, 2014 Page 3 Mrs. Guerrero said that there are about ten parking spaces. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Reppucci to grant the variance on behalf of the applicant as advertised. Mr. Reppucci said that the variance is needed to enable the applicant’s proposed use of the property, given the special conditions of the property, and the benefit sought by the applicant cannot be achieved by some other method reasonably feasible for the applicant to pursue, other than an area variance. Mr. Reppucci said that the case is within the spirit and intent of the ordinance, it will not adversely affect the property values of surrounding parcels, there was no testimony one way or another. Mr. Reppucci said that it is not contrary to the public interest, the property has been used this way in the past, and substantial justice will be served, as the building will be brought up to Code. SECONDED by Mr. Boucher. MOTION CARRIED 3-1. (Mr. Currier). Mr. Reppucci re-iterated that the owner still needs to obtain all the required building permits. He went over some of the issues that the owner may have to address in the permit process, such as ingress/egress, doors, windows. MISCELLANEOUS: REGIONAL IMPACT: The Board determined that there are no cases that have Regional Impact. MINUTES: Zoning Board of Adjustment February 11, 2014 Page 4 January 14, 2014: MOTION by Mr. Currier to approve the minutes as presented, waive the reading, and place the minutes in the file. SECONDED by Mr. Boucher. MOTION CARRIED UNANIMOUSLY 4-0-1. (Mr. Shaw abstained from voting). ADJOURNMENT: Mr. Reppucci called the meeting closed at 7:05 p.m. Submitted by: Mr. Shaw, Acting Clerk in Mr. Johnson’s absence. CF Taped Hearing