 It is 7.32 p.m. It is Tuesday, May 10th, 2022. Good evening, my name is Christian Klein. I'm the chair of the Arlington Zoning Board of Appeals and I'm calling this meeting of the board to order. I'd like to confirm that all members and anticipated officials are present from the Zoning Board of Appeals, Roger Dupont. Here. Patrick Hanlon. Here. Kevin Mills. Present. Dan Riccadelli. Here. Have you, Ben Riccadelli? Here. Have you? And Ms. Hoffman, I believe is traveling this evening as she will not be joining us. On behalf of the town, we have Rick Valorelli. Good evening, Mr. Chairman. Good evening. And Vincent Lee is on as well, but I believe he is traveling in the car moment. And then also with us, we have Doug Hyme, who's town council and Jennifer Raid, who's the director of the Department of Planning and Community Development. They're joining us specifically for the executive session at the end of tonight's meeting. Good morning. Good evening, Mr. Chair. Thank you. Good evening. Good evening. Good evening. Good evening. And then we also have a couple of former members of the Zoning Board of Appeals. Stephen Revlak is here. Good evening, Mr. Chair. Good evening. And I don't know if Mr. O'Rourke has joined us yet. Mr. Chairman, Mr. O'Rourke contacted me. He'll be late and he will circle back with you later. Oh, perfect. Okay. And I never heard back from Mr. Ford, so he may not be joining us either. Okay. So this open meeting of the Arlington Zoning Board of Appeals is being conducted remotely, consistent with an act extending certain COVID-19 measures signed into law on February 15th, 2022. This act includes an extension until July 15th, 2022 with a remote meeting provision of Governor Baker's March 12, 2020 executive order suspending certain provisions of the open meeting law, which suspended the requirement to hold all meetings in a publicly accessible physical location. Further, all members of public bodies are allowed to continue to participate remotely. Public bodies may continue to meet remotely so long as reasonable public access is afforded so the public can follow along with the deliberations of the meeting. An opportunity for public participation will be provided during the public comment period during each public hearing. For this meeting, the Arlington Zoning Board of Appeals has convened a video conference via the Zoom app with online and telephone access as listed on the agenda posted to the town's website, identifying how the public may join. This meeting is being recorded and it will be broadcast by ACMI. Please be aware that attendees are participating by a variety of means. Some attendees are participating by video conference, others are participating by computer audio or by telephone. Accordingly, please be aware that other folks may be able to see you, your screen name or another identifier. Please take care to not share personal identification. Anything you broadcast may be captured by the recording. We ask you to please maintain decorum during the meeting, including displaying an appropriate background. All supporting materials that have been provided 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. Ms. Chair, I reserve the right to take items out of order in the interest of promoting an orderly meeting. So going to tonight's agenda. Starting this evening with a few administrative items, including the approval of a decision. This item relates to the operation of the board and as such will be conducted without input from the general public. The board will not take up any new business on prior hearings, nor will there be the introduction of any new information on matters previously brought before the board. After introducing each item, I will invite members of the board to provide any comments, questions or motions they may have. If members wish to engage in a discussion with other members, please do so through the chair, taking care to identify yourself for the record. So we have item number two on our agenda is the approval of the decision for 4-6 River Street. This was a request for special permit. We passed a motion to approve with amendments at our prior hearing, which was April 26th. Patrick Hanlon is prepared. The decision on this case now is distributed to the board for questions and comments and a final version was released this afternoon. Are there any further questions or comments from the board in regards to this decision? Seeing none, may I have a motion to approve the final written decision for 6-8 River Street as submitted this afternoon? Yes, Mr. Chairman. Mr. Hanlon. So moved, except I think it's 4-6 River Street. Oh, beg your pardon, thank you. Do I have a second? Second. Thank you, Mr. Mills. So voting to approve the final written decision for River Street, vote of the board, Roger Dupont. Aye. Thank you. Patrick Hanlon. Aye. Kevin Mills. Aye. Dan Riccadelli. Aye. And the chair votes aye. That is approved. And Mr. Riccadelli, I know you have another commitment this evening. That was the one thing we needed to do for specifically. So if you need to leave, you may do so. Thank you very much, Mr. Chairman. You're welcome. And that concludes the administrative items for the portion of tonight's meeting. Next, we are turning to the public hearing on tonight's agenda. This is item number three, Docket 3695, 1820 Bellnab Street. That's a continuance from our April 26th hearing. So we will recall at that meeting, there was some confusion in regards to who should be hearing this case and what the current standing is. So I have been speaking with the council on this with the Department of Planning and Community Development and also with Inspectoral Services and with our own board. And so I have the following. So the application was filed by Spipon Development LLC in regards to their property at 1820 Bellnab Street. It was filed with the zoning board of appeals requesting a special permit to allow a change in the non-conforming use of the existing building to expand that use into a newly constructed portion of the building. The builders pursuing the renovation and expansion of an existing non-conforming six unit building reducing the number of units to four. The record appears to indicate that the property has been listed as having four units for the past several decades. Past applications before this board from 1968 and 1980 both requested permission to increase the number of units from four to six and both applications were previously denied. In regards to the expansion of the building in reviewing the materials it was determined the submitted site plan did not properly note that the property abuts the Minuteman Bikeway. Under section 342 of the zoning bylaw an exterior addition or change in use requiring a building permit and a special permit in accordance with the use and regulations for the applicable district and located on a site abutting the Minuteman Bikeway it's subject to environmental design review under the redevelopment board. As this application should not have been filed with the board of appeals the board has requested the applicant request to withdraw without prejudice. The applicant has submitted a letter via email to that effect and that letter has been posted to our website for this evening. So tonight, I will just ask the DBA vote to accept the letter and then it will be up to the applicant to consider how they wish to proceed moving forward. Mr. Chairman. Hanlon. I move that the board of zoning appeals accept the request of the applicant to withdraw its application without prejudice. Thank you Mr. Hanlon. Do I have a second for that motion? Second. Thank you Mr. Mills. And then I will take, excuse me to vote of the members present. Mr. Dupont. If this is Bellemap, I think I'm abstaining. I beg your pardon, that is correct. You have mentioned before you have, you do have prior dealings with the owner. And as such, you are requesting that you be excluded. Apologize for that. Mr. Hanlon. Aye. Mr. Mills. Aye. Mr. Riccadelli is not with us at this moment. Mr. Holly. What? Aye. I just put a glass on there. And the chair votes aye. So the request to withdraw 1820 Bellemap Street has been accepted. And so at this point, that is back in the hands of the applicant to determine how they are to proceed. I would direct any further questions on this matter to Inspectional Services. That is the end of the hearing portion of tonight's hearing. Which brings us to item number four, which is the executive session regarding Thorndike Plates. So at this time, I'll move that the board enter executive session for the purpose of discussing legal strategy in regards to the applicant and a butter appeals to the Thorndike Plates comprehensive permit decision. Attendance will be limited to the members of the board, both current and those serving at the time of the decision, the board administrator, town council, and the director of planning and community development. Upon entering executive session, all other meeting participants will be returned to the waiting room until the conclusion of the executive session. At the conclusion of the executive session, the board will reopen the meeting for the purpose of a journey. The board appreciates your cooperation. May I have a second? Second. Vote of the board, Mr. Dupont. Aye. Mr. Hanlon. Aye. Mr. Mills. Aye. Mr. Holley. Aye. The chair votes aye. We are in executive session and resume the public meeting. That motion may I have a second? Second. Hanlon. The vote of the board, Mr. Hanlon. Aye. Dupont. Aye. Mr. Mills. Aye. Mr. Holley. Aye. The chair votes aye. We are returning to regular session. The board is now in regular session. Mr. Valle, please admit all of those in the waiting room to the meeting. Good night, folks. Thanks so much. Thank you. Thank you. Good night. Thank you. Good night. Thank you. Thank you. Okay. With that, so our next meeting is Tuesday, May 24th at 7.30. And we have four new hearings that night. 82 Grandview Road, 44 Edmond Road, 30 Venner Road and 39 Tufts Street. And we will also be forwarding to you. We have a stack of minutes to review and vote upon. We are quite a bit behind on our minutes. So I'm going to try to catch us up a little bit, but we do have some reading in the next couple of weeks. And Mr. Chairman. Yes, sir. One of the things that I'd like us to look into procedurally is that there are requirements for us to both take and renew courses in the open meeting law. And I remember doing that a number of years ago. And I would like to have it on our agenda to sort of follow up with what the requirements are and make sure that we're all fully compliant with law. Thank you. Very well taken. Checking into that in the morning. With that, we're at the conclusion. So 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, especially I wanted to thank Rick Valarelli, Vincent Lee, Attorney Heim. It's great. And everyone else for their assistance in preparing for and hosting this online meeting. Please note the purpose of the board's recording of the meeting is to ensure the creation of an accurate record of the proceedings. And it's our understanding that the recording made by ACMI will be available on demand at ACMI.tv within the coming days. If anyone has comments or recommendations, please send them via email to zbaatown.arlington.ma.us. That email address is also listed on the ZBA website. And to conclude tonight's meeting, I would ask for a motion to adjourn. Moved. Mr. Hanlon, have a second. Okay, Mr. DuPont. Vote of the board. Mr. DuPont. Aye. Mr. Hanlon. Aye. Mr. Mills. Aye. Mr. Holley. Aye. And the chair votes aye. We are adjourned. Thank you so much. Thank you.