 Good evening. It is November 6th. Welcome to the town of Arlington redevelopment board meeting this evening. My name is Rachel Zembera. I'm the chair of the board. If I could have the other members of the board present in the room, please introduce yourselves. Steve Overlock, good evening. Good evening Eugene Benson. And we have Kin Lau joining us remotely. Hi, Kin. Yeah, thank you. And we have the director of the department of planning and community development, Claire Ricker joining us this evening as well. Thank you. Thank you, Claire. All right. Let's just go ahead and jump into our first agenda item, which is to review the meeting minutes from the last four meetings. We will start with the meeting minutes from October 2nd. And I will run through and see if there are any additions or corrections to the meeting minutes as posted starting with Kin. Great, starting with Jean. I do not have any. Steve, no changes, Madam chair. And I do not either. Is there a motion to approve the meeting minutes from October 2nd, 2023 as submitted? So moved. Second. Second. I'll take a roll call vote starting with Kin. Yes. Steve. Yes. Gene. Yes. Now I'm a yes as well. Those minutes have been approved. We'll move on now to the meeting minutes from October 10th, 2023. Are there any additions or corrections starting with Kin? Gene. I have none. Steve. No changes. And I have no changes either. Is there a motion to approve the meeting minutes from October 10th, 2023 as submitted? So moved. Is there a second? Second. We'll take a vote starting with Kin. Yes. Gene. Yes. Steve. Yes. And I'm a yes as well. Those meeting minutes have been approved. We'll move to the meeting minutes from October 16th, 2023. Any additions or corrections starting with Kin? No, I have none. Gene. Yes. Two very minor corrections on the second page. About halfway down, it says the chair. It should be the vice chair. And then about two thirds of the way down, it says the chair. It should be the vice chair. Great. Thank you. So those two changes. Steve, any other additions or corrections? Nothing here. Great. We'll take, see if there is a motion to approve the October 16th, 2023 meeting minutes as amended? So moved. Is there a second? Second. We'll take a vote starting with Kin. Yes. Gene. Yes. Steve. Yes. And I'm a yes as well. And we will now move to the October 23rd, 2023 meeting minutes. I have one small change. While I'm pulling those up, I will see Kin. If you have any additions or corrections? None. Gene. None. Steve. None. So the only change I have in the second paragraph before the bullet points on the first page, I, where it says here, the chair noted that the board would need to decide whether or not they support the amendments, but they will not address each amendment unless specifically asked to do so. We could change that to can not address each amendment unless specifically addressed to do so. That's the only change that I have. And I will see if there is a motion to approve these minutes as amended. So moved. Is there a second? Second. We'll take a vote starting with Kin. Yes. Gene. Yes. Steve. Yes. And I'm a yes as well. Those meeting minutes have been approved and that takes us through agenda item number one. Great. We'll now move to agenda item number two, which is the continued public hearing for docket number 3752 Calyx Peak at 251 Summer Street. And I will hand it over to Claire Ricker. Thank you very much. I have spoken with the representative from Calyx Peak several times over the past month or so about updated plans, site plans, especially related to this project. And after careful consideration, they have asked that the board close the hearing that has been continued since June for the, which refers to project plans that were submitted in, I believe it was May 23rd meeting. They will, they may come back with updated plans for a new special permit application. But at this time they are unable to come to terms with the property owner about the site and wish to withdraw. Great. Thank you for the update, Claire. And as this is an administrative action, I will ask each member of the board for their perspective to weigh in and we'll start with Ken. Are they planning to resubmit in a new site then? I have heard. This is the last permit. So I'm going to believe in the proof of the last permit or it's all decided. It's my understanding that this is the third and final permit that is available. The select board did approve the host community agreement. Really the issue is with the, with Calyx Peak and the site. If there is another appropriate site that they're considering, they haven't shared that at this time. I believe they were still trying to work out issues with the property owner, but did not want to continue this hearing any further. Gene, any questions or comments? I'm not clear whether they're withdrawing their application or they're asking us to close the hearing or they're asking us to rule no on the special permit application. They're asking us to close the hearing without a finding. What does that mean to close the hearing without a finding? That means that they're withdrawing their application. So we would make a motion in that case to accept the withdrawal of the application and close, close the hearing for docket number 3752. And they would have to file a new special permit. They would have to start all over again and start a new special permit. Thank you. That answers my question. I have no objections to entertaining a motion to withdrawal. Great. Nor do I think that this has, there have been significant issues we still, they have yet to present in front of us and to belabor it at this point. I think we need to give them the time to see if this can work with their site and their landlord and then have them come back when they have a real project. Yes. Okay. Thank you. Great. So is there a motion from the board to accept the withdrawal of the application for docket number 3752 and close the docket without finding? So moved. And can I amend and that they would need to file a new special permit application? Correct. With the stipulation that the applicant should they wish to pursue this project in the future return to the redevelopment board with a new, a fully new application. Would you accept that? I will accept that. I will second that. Great. We'll take a roll call vote starting with Ken. Gene. Yes. Steve. Yes. And I may ask as well. So docket number 3752 has been closed without finding and should the applicant wish to pursue a new special permit they would need to begin that process? That's correct. Again. Okay. Let's move on to agenda item number three, which is the reopened public hearing for docket number 3602, 1207 to 1211 Massachusetts Avenue. And I will turn it over to Director Ricker. So this is a request for a continuance of the permit, which is a three year permit. Mr. Benson advised that given that the final appeal was exhausted in early December of 2020, we have until early December of 2023 to make a decision about whether to extend the existing EDR special permit for this project. The applicant has not indicated, you know, to my knowledge for which amount of time or for how long this permit would need to be extended only that he wishes that it be extended to some point so that it does not expire in early December. We have no updated plans. It is still the the the decision still stands. And like I said, we have nothing updated. It is still the same project. I think they're just asking for a continuance of the permit. Great. Thank you. So at this time, I would like to invite the applicant, Jim Doherty, if you'd like to present your request and any other information that you think would be pertinent to the to the board. If you could sit please so the microphone can pick you up. Thank you. Thank you for having me. Thank you for for agreeing to discuss this matter. As I submitted to the board. Sorry if you could just introduce yourself for the record. My name is James Doherty. I'm the owner of 1207 Mass Ave and 1211 Mass Ave. Collectively the two parcels involved in this particular development. As many of you know, last time I was here, I mentioned that the hospitality industry needless to say was that probably the hottest hit. I don't think many people would doubt that through the COVID experience that we had. Recently going back to the last quarter, I mean the second quarter of this year, the hospitality industry in the jobs reports indicated, you know, it's kind of getting back. I think a lot of people have experienced that. I think even, you know, somewhat probably into 2002 as well. So I think the project has already always been a very viable project. I think it would be a tremendous asset to the community, both from a development standpoint, from a revenue standpoint. And I'm here respectfully asking that it be extended. I did request a two-year extension as part of COVID-19 and then going back to the financial crisis downturn in the in the beginning 2008 through 2010 period. There was similar legislation that was enacted during both of, you know, that event back then and then more recently COVID. But I'm here to discuss it with the board and, you know, hopefully we all share the goal of, it was a vibrant project back then and I think it still is. We just need to get through COVID and I think we're through there. I think you're starting to see people invest versus before. I think they were trying to hold on to their assets, financial institution that I've worked with and very familiar with, that a lot of hospitality clients needless to say during that period. I think they were more concerned about payments that had loans that had been extended and receiving those payments. And I think now they're looking for new opportunities. Great. Thank you very much. I'll turn it over to other members of the board in just a minute, but I do have a couple of questions for you and I do want to say that the hospitality business is one of the businesses that I work in and it's been very vibrant for the past two years. So it's disappointing to me to see that there has not been progress on this site. How far away are you from submitting drawings to the building department? I have nothing marked up right now for that. That wouldn't happen until something concrete is nailed down for the reuse of it. Until something is concrete. What is not concrete? You have an approved site plan. What is not concrete that needs to be nailed down? Well, we need to acquire an operator to operate the hotel and we would need to work through that financially. You have no progress on an operator at this time. I'm not prepared to tell you tonight that we're here to introduce a operator. No. Okay. That answers my questions. Gene? The other interesting thing about the project a few years ago was the restaurant, which was going to be a sit down nice restaurant. I wonder if you have any body company lined up for that sort of restaurant at this point? The restaurant is geared off the hotel use itself. So we would not entertain renting out or identifying and committing to someone for a restaurant until the hotel operator is selected. It just doesn't work that way. Can you tell us the steps you went through between when you got the special permit and now to attempt to make this project happen during the past three years? Sure. Well, the past three years, just to dial it back for everyone, this project was initially discussed when the RFP went out in terms of the 2016 time frame. The property was not even controlled and we didn't get in front of the ARB until I believe it was the summer to early fall of 2019. I believe the second hearing was in January 28th, maybe of 20 just before COVID. And I think the approval was done in June of 20. To be honest with you, me like many property owners at that point were very uncertain that we were taking care of a lot of people that were unemployed that we provide housing for. I was taking care of a mortgage on one of those properties and keeping commercial tenants that easily could have been put to the door in their places. Simultaneous, we continued some discussion with some people that had been interested in the project, but needless to say, they were not in a position to pull a trigger on building. As a person who's in valuation for a living and have a lot of clients who are also in the hospitality business, I don't think many people saw much action at all well through 2021 and well into 2022 in terms of new construction that wasn't already financed or committed to contractually for other obligations. So we've done a tremendous amount of effort. We are the people who have put a lot of money, who have paid a lot of money for that property and are looking to move forward. Just to digress, in the initial hearing, there was a lot of noise around the hearing itself, around the project. And a lot of that, those accusations and undercurrent of some of those discussions were not appreciated, still not appreciated. Excuse me, you're not going to speak directly. I think I deserve to get to the point. You're very general right now and I either need you to be really specific or tie this back to the request. I'm fine with the comments I made so far. I'd just like to wrap up, including comments that were attributed from this board on cable TV about the economics of that project and what the status was. This has been over the course of last year, year and a half. Not one of those people from the department from this board before making any of those statements ever spoke to me. That's what I'm referring to, very specifically. Thank you. Have you closed on this property with the town? I've closed on it a long time ago. So all of it's been fully transacted. You're in full possession of the property. I am in full possession of the property. Thank you. Steve? Another question. When you were here last time and here meaning the ARB and we approved it, you were anticipating that this would be a boutique hotel. Is that still your goal? That's what I'm here requesting the extension for. Gene, you see what's being built in this town? You know what I do for some of my investments, okay? I could have built residential there a long time ago. I could have built it going back into the 17-18 timeframe. I could go out and I could do it tomorrow. I'm here because I was from this town. I am from this town. I'm making a major investment not far from you where I grew up in Jason Heights. I know that house. I grew up there. I could turn around at any moment and change the direction. The economics involved in this project as a proposal to this town, to the undercurrent of why going three directors of planning and community development back where they initiated the whole concept about mixed use was to get commercial revenue in this town and somehow create classification as a way for taxpayers to be able to afford to live in this community. This is the only real project that somehow advances that and I know there's been a lot of discussion on all these projects that have come through. So I sit here tonight continuing to extend my willingness to try to make a good project succeed for myself, my family, and for the town and to the extent that the board elects not to extend it, I'm fine. I'll move on. I just want to be abundantly clear with that. Okay. Any other questions? I have a couple other questions. I guess this is not a question just you're sounding awfully defensive and I'm not sure why you feel like you need to sound defensive. We haven't really made any decision about this and we're here to listen and to understand. I am defensive and I'll tell you why in a moment. That wasn't a question I don't think. You had mentioned in some previous times the legislature during periods of economic downturn did extend special permit terms but I don't think they did it. That would affect this. Am I right about that? I did not dive that deep. I think the result was is because it had more to do with how people went through a lot of permitting process. Boards went through a lot of permitting process and the goal was not if you in a recession which could be synonymous with what a lot of people thought were going to happen. It did happen to a lot of people during COVID that really how are you going to come out the other side? If I could because you asked you inferred it so I think I'm entitled to respond to you felt that I was defensive. I believe as all the board members know and the director knows I've been trying to get dialogue going on this matter since last fall. I've gone months on end of communication to have this discussion and here we are as you thankfully noted at the last meeting that we're at the 11th hour okay and again I'm here not begging asking coming how I approach this project when I first put it in as a economic development package that we can all discuss what the value of that piece of property was without the benefit of knowing that you were going to enter into something that was going to be a joint venture. I'm going to be honest with you I've never felt a love never and I'm not looking for love okay I'm looking to work together yeah I do I do have one other question I appreciate let me finish my answer but I'm all done thank you yeah I know I am too since we in the time since we issued the permit there have been some changes in zoning that would affect the building were we to issue the permit now. Examples include the requirement for solar on a roof the extended stretch code things like that and I'm just wondering I'm just wondering out loud just from my you know colleagues on the board if there's a way for us to extend the permit but also impose those other conditions that would have been in place were we to issue the permit now instead. We can certainly discuss I think that any extension of the permit we would need to discuss what the conditions are for for that extension. Steve? Let me just ask do you have any thoughts about that? I'm glad finally I get to respond some doesn't sound like anybody wants to hear my response to Jim to weigh in on whether or not we can impose any any type of restrictions. Yeah I just have one question you're essentially looking you're not proposing any change to the plans that were approved in what was it August of 2020? I am not correct. That's all I have Madam Chair. Great thank you. Ken? Yeah I'm still supportive of this project when the first came through I thought it was a very nice project that would add to the town. The only stipulation I probably add is I'm supportive of the two-year extension but in one year's time I like them to come back to the board and tell us what the progress is in the year's time so those things still may be forward and what they have done in that year is trying to keep the communications open to two-way dialogue. So if we meet within a year so here's what we've done and that would be fine if you don't and I would say extension ends at that one year time otherwise you look at the four years. Great thank you Ken. We'll certainly discuss that after we take public comment. I think that any conditions that we would impose we would want to discuss after public comment. So at this time and are there any other questions for Mr. Doherty before we move to public comment? Can I make one last comment? I don't think we have any other questions. So I think at this time we'll open it up for public comment so any member of the public who's joined us this evening who wishes to speak regarding the request for extension for this for this project if you could please raise your hand. Thank you and for anyone who is speaking this evening I will remind you that you will have up to three minutes please introduce yourself by your first and last name and address. Thank you. Hi thank you my name is Susan Stamps. 39 Grafton Street I'm a town meeting member and a member of the tree committee although I am not the tree committee did not have a chance to discuss this matter. I emailed the I only recently found out about this hearing and I emailed the redevelopment board three three items that I wanted it to consider earlier today and I'd just like to tell you what those were. One is the first is that the 2020 special permit section 7a approves planting of so-called flowering pear trees and as a member of the tree committee I understand that our tree warden no longer plants flowering pear trees because they've been proven to be brittle and invasive so I would ask that you require the developer to consider or to consult with the tree warden and plant a species recommended by him in writing or alternatively to use the tree committee's list of recommended urban trees on the tree committee's website ArlingtonTrees.org number two as Mr. Benson pointed out there have been some additions to the local laws since this permit was originally approved and one of them is section 6.3.1 of the zoning bylaw which requires a developer to plant a street tree every 25 feet along the development and I would that is critical to allaying the effects of urban heat island during development and on the streets and I would ask the redevelopment board to include that in any approval of the permit and then third and last would be what Mr. Benson brought up which was that since then town meeting has passed the so-called municipal opt-in specialized stretch code known as the specialized stretch code which has much stronger requirements for energy efficient building and it would be a tragedy to have this project go forward without those newer energy provisions that the town meeting has requested thank you thank you any other members of the public wishing to speak this evening please. Ann LaRoyer 12 Pierce Street a neighbor of this site and had a lot of concerns about the project from the very beginning but the fact that it may be delayed even longer means that the site remains unimproved and it's you know there's it's not a very attractive site one of the arguments to make the hotel in the first place was to clean up that property but it hasn't been cleaned up so I'm just concerned about how long how much longer it's going to stay in its rather un-tempered state I know there's lots of other issues but that's that's just an immediate concern of how long it's going to be left thank you any other members of the public wishing to speak this evening okay seeing no hands we will close public comment and turn it back to the board for discussion so I I'm sorry did I miss somebody okay so Ken has suggested that he is in support of the two-year extension with a request for in one year's time there to be progress I'm concerned that no progress has been made and that one year is too to your extension is too long and one year is too long to go if we offer an extension at all like miss LaRoyer indicated the site has not been maintained and it continues to to really be a a challenge for for the community that that nothing has has happened here and to Jean's point quite quite a lot has happened in the intervening years and you know I just I don't have a lot of confidence that this is going to move forward even with the extension Jean what are your thoughts I guess the concept I think is still a worthwhile concept um I it's hard for me to judge whether it could have moved forward during the three years because mr. Doherty says I can't you're in the business and you say yes these things have moved forward in the past three years I think two years is too long I'm not sure what I would do I might I'm not sure what I would do but if if it were shorter than two years and if all of the if it had to comply with all of the current zoning including what town meeting just passed well I think what town meeting just passed doesn't affect it no we can't require that yet well we can because once it's passed once it's passed once it's fast but none of it affects it but I think all of the all of the current zoning which would you know things town one I'd consider it but I want to hear what everyone has to say sure Steve yeah regarding the net the stretch of the enhanced stretch code that's that's basically a building permit requirement is it not so it's not something that we would you know it's the condition if the app if mr. if the applicant were to get a building permit he would have to build to those codes correct there is no there yes kin was just weighing in as well there because there has been no building permit application he has not circumvented needing to comply with that yeah I I'm tending to agree with mr. Lau in that I'm okay with a two-year extension but I would like to see evidence of movement after a year and I I do agree that they're with some of the suggested condition modifications like to the tree tree species and compliance with the tree planting bylaw like a tree every 25 feet on on frontage in other words yeah basically if if we were to extend it I'd like to see us um include conditions that are in the bylaw today so those conditions would be the the 6.3.1 the street tree plantings the compliance with the solar bylaw yes Gina am I missing any I I can't think of any but I think we would want to review it I think if we say would have to comply with the current zoning bylaw not the bylaw in place when we issue the special permit I think the challenge I think I think we need to be more specific about that to be to be honest because I think we need to make it clear to I mean if we're going to request that I think we need to be clear with the applicant rather than having them have to go through and scribe us to what the specific requirements would would be I think that that's only fair so you know we could um nothing is going to happen in the next two weeks so we certainly could continue it and make sure that we work with Claire to make sure that we have a full list of those items I think that the two major items are the the street trees and the bylaw yes Madam Chair I would be happy with those provisions and just changes to the the planting plan and the planting plan in terms of the request that they comply with the tree committee's current list of approved species yes can any other conditions that you would want to put on any extension I just want to say that I think it's the time frame that I said or a year and two years it's pretty fair uh I just want to clarify that within that year of time I think you want to know um you know have an interesting agreement with a with hotel flag that that's the kind of stuff um I'm interested in I don't want to let them to say we're still in progress I want names of the hotels they're talking to have very um entered into contact with an architect to start the working drawings while building permit at the end of the two years that's like it's it's going to take about roughly about nine months maybe maybe a year to produce the full set of drawings and real engineering or whatever for the hotel so within that one year time well no it has a lot that's been hired it has it has the hotel price it's been uh returned I think that is fair to not force them into do something rash you know and keep it going so I'm I just want to reiterate that that one year I think it's pretty fair that's all I'm saying thank you Ken um I I think one year is too long to wait for an update I you know I agree with you I think it's going to take some time for um the full design and development team to create the documentation that's ready for for permit but I you know if we extend it I would want um no more than than six months and an update because again I think that we've we've gone this long with literally no movement and for um I think we owe it to the community to keep a um tighter eye on this to make sure that it that it moves forward you're saying two to six months a six month and a one year update and still keep the extension I think that would be a compromise I'm I'm suggesting that as a possibility again just to ensure that in another year we don't have the same situation that we're in right now okay because if we are you know at some point we have to say you know should should this project continue as originally approved which was started back in 2019 or is it at at that point um something that needs to be fully repermitted I'd be interested in hearing from Mr. Doherty about whether he can meet this time frame great Mr. Doherty can you speak to um a six month progress check-in if it boils to grant a two-year extension I have no problem with the six month check-in I was going to mention this earlier I'm the person paying the bills I will tell you we won't be sitting here in another year unless I'm going to build a hotel talking about a hotel we may be back here in six months if that doesn't happen and I will be letting you know I will be building something else I'm the person that's carried this for the time I appreciate your insight and everyone else's concern it was an automotive use before I bought it it can continue to be an automotive use I'm trying to do something better here I'd appreciate your support thank you just to be clear well I have the microphone I'm not trying to be disagreeable but I think it's wholly unfair to ask me if I should accept some of the changes to the bylaws that have a cost effect to me while not also acknowledging I believe that the uh far on that site went from 1.5 to 3.0 so if we're going to open things up then I think we should be discussing that as well so that there's even balance to both sides so I'm not saying yes or no to anything but I'm just saying when you talk about some things that went through the far for that site as you all know has doubled it has and and actually that's something that you know if you did want to take advantage of that the end wanted to re ask the board to reopen the permit and wanted to um or to start a new permit to be able to take advantage of those items you are you have not started construction on that site you've not submitted anything you are wholly within your rights to be able to do that so that is certainly not a threat to the board that is something it is certainly not something to be used as a threat to the board but it's something we would embrace if that is something that you wanted to to to take on to to relook at the far that we would be more than happy to discuss what that process would look like I greatly appreciate that but I also want to be abundantly clear there was no threat there my thing was very simple that you know you're asking for someone to expend more money on something and I'm not even necessarily opposed to it but I'm just saying if we're going to have that dialogue um we should have it in a holistic way so we can look at all of those things all I'm saying is as much as I'd like to tell you I would do that yesterday the bottom line is we have something that we've had a lot of input from people good bad indifferent we have something that's approved not what I wanted not what you wanted necessarily but it's there so I'm trying to be more practical and I'll be frank you guys know it I know it no operator is going to walk in there and say the rooms are perfect the restaurant space is perfect the vent coming through the roof is perfect so there was going to be some type of minor engineering changes so I'm with you on the big scheme of things and I have a lot of relatives that have been with you for a long long time but I wanted to do something that I felt was extremely tasteful and beneficial to the town so I appreciate all your time yeah I mean I think that the the most important thing again that this the town sold this parcel for this project to to happen and so to us as a board and maybe I'll just speak for me and you all can as well to me the most important thing is that the town who who sold this property to you with the promise that this would be developed this was then handed to the redevelopment board to ensure that we work together with you for a project that would be built and so the most important thing I think that now rests on this board is that we figure out the best cadence to work together with you to ensure that as the select board conveyed that property that that property is used for the best outcome for the town we all want to see this project built nobody in that community wants to see this continue to lay vacant for another three years and so the check-ins are the only vehicle at this point that we have I'm not a postman I'm not insulted by it I just want to make sure that throughout the process we have going to what you just mentioned get to that because I will just tell you it was sorely missing before not from the board per se but I'm going to just give you one example they had in Arlington Heights just the beginning meetings of the Arlington Heights neighborhood association I went to the meeting at down in school the first meeting they had I then followed up with someone who's no longer employed here and asked them if I could get the contact name for that group they said they don't want to be contacted give me your name if they want to talk to you I just didn't feel that that was an economic development process type thing so I'm all for you I'm trying to be positive I'm moving that way I don't look in the rearview mirror so I'm very happy with what you just mentioned at the end there because it's been a lot of pressure on me personally and I'm not crying don't get me wrong but I'm not a dumb person when you know you have 3.0 and you get approved for 1.67 doesn't take a math scientist to figure out you know what's more beneficial but that's not always the case but we may get there for other reasons so I appreciate your time and I know you want to keep me brief I don't blame you but okay so I just want to turn it back to the board for because we either need to decide we have a finding this evening or we need to continue this to to for another week and so Steve would you like to weigh in on where you're currently leaning at this point yes I I take Mr. Doherty's point that the bylaw has changed in multiple directions and yes if he were to reapply today he could there would be a much higher FAR limit so I'm more inclined to I'm I think I am at this point more inclined to do sort of just like a clean extension but you know so no change to conditions no change to the plans but with the check-ins as you know been described earlier if there is mutual agreement to if Mr. Doherty would want to you know basically reopen and bring forward a different set of plans that conform to the current bylaw you know then we you know possibly building to an a higher FAR than you know I think that's something we can but for now I'm thinking clean extension okay Gene I'm okay with the two years I like the idea of a check-in at six months and one year I'm not okay with the clean extension because we could just as easily say no and then he would have to start all over again and he I'm not sure he can get up to FAR 3 on that site anyhow but I would I mean and the two things are not very expensive you know the tree planting bylaw is not expensive at all and the solar bylaw will pay for itself in a relatively short period of time so I would like those added and I would like us to sort of make clear that if there are significant changes to the project for example if it's no longer a boutique hotel but it's a chain hotel that's not going to be acceptable I am in full agreement with your suggestions Gene Ken we visit a decision that was made before yes we put up a with any one you know just give a text if we just have to say yes and then we add things like this I don't think you can hire a lawyer so I'm just believe it at that and say I curious me and okay well we're going to need to hash this one out because I will not vote to extend it if we if we aren't able to do the requests for the additional compliance with the new street tree bylaw and the solar bylaw Gene I'm not sure what your position is that's the way I feel also so well if we're deadlocked the the permit's going well I mean it's is the does extending a permit require a two-thirds vote we uh because it would take it it would take a two-thirds vote to agree it would take four to grant this so if like just you know counting the votes if two vote no then that's you know then the basically the permit runs out and I would not vote no if there were additional conditions on it because I I would like the applicant to to have a I'd like to give the applicant a little more time I do understand you know the effect that the pandemic had so we're giving them more time just has to do two minor yep so you would be so we need to find out whether we need for this extension there's no answer I looked at it you already looked at it the um yeah there's nothing in our bylaw that talks about the extension we're in 40a about that but I think the to me the better interpretation is we need for I would agree I would agree so Steve are so you could get behind the addition or could not I could I could get behind requiring 6.3.1 and the solar bylaw um to be required as well as the current the list of the tree species tree species that are currently approved by the tree warden yep I would I would prefer a clean extension but I could get behind um what the provisions that you stated okay Ken is that something that you could get behind or would you be opposed to those provisions you're not going to vote yes then then it's it's a nuke right I mean doesn't really matter what I say well we would again we would um if it if we need for again because we are only a four to four right now when we need um four votes to move this forward we would you know either need you to accept that compromise or we would not be able to move forward this evening and we need to continue and have further discussion well I think the tree thing is is is pretty minor one of the trees that can kill the project what I'm concerned about is the solar okay you're saying we're saying we have to meet the solar requirements of putting solar panels up there and um that project was never designed to have solar panels up there all right so that's going to change the whole architecture how that thing looks so you you you I think you're just adding something along that's going to in really change the whole character thing when we had approved already so we're the we had rooftop units there with a bomb that was enclosed in by fences between the two cores there's really room for solar panels that go up there or something else is going to change is that I don't know what I'm not sure what the consequences is by just simply saying we're going to meet the new requirements has exemptions in it if the roof can't handle it if it's um pointed in the wrong direction if it's shaded so if it doesn't meet any of those requirements it shouldn't be very difficult for solar to be added to the roof so what I'm saying is if it is if you come back and says I can't add solar to the roof because of the following reasons they're meant to get the obligations then this there were our obligation to add it to them is this is then no longer valid and all this is the trees adding some trees correct but the onus would be on the developer much like with many many items that are in the zoning code to ensure that they have made the effort towards compliance that there are there are a number of exemptions in the solar bylaw and he could explain how he meets one of the exemptions and then if he does he doesn't have to do it but if he doesn't meet any exemptions then he would have to do it and the building's not completely designed yet so I don't think it's a burden compromise just as I want to see this private go for and I'll leave it up to Mr. Berry to decide if he wants to do so or not okay so is there a motion from the board to approve a two-year extension with regular six-month check-ins over that two month two year excuse me two-year period with regular six-month check-ins over that two-year period with the redevelopment board with the conditions that the current zoning bylaw sections 6.3.1 for street trees and 6.4 for solar energy systems 6.4 for solar energy systems be incorporated into the project as well as the tree plantings for the project be specified in accordance with the current approved list of species by the town and can we pick a date as opposed to two years so the permit would expire as I figured this out on December 8th because that was the date three years ago of the court decision so we would extend this to December 8th 2025 thank you and yes I think we can do that and we can work as we go through our list of meetings in our next agenda item we can identify which meetings we would like the applicant to come back and provide updates for this year this would we like to in terms of in terms of crafting a motion yes um we we've we've settled on one two years is would we like to settle on one six months is that's what I'm I'm saying um what I'd like to do is make sure that we look at our and I could do that now might as well so our 2024 meeting schedule be May 6th which may be in the middle of town meeting so let's call this which should be fine because yeah let's call it May 6th okay all right so is there let me restate the motion is there a motion to extend uh for to extend this special permit uh two years to December 8th 2025 with regular six month check-ins the first of which being May 6th 2024 and the future date set thereafter with the additional provision that the applicant comply with section 6.3.1 for street trees section 6.4 the solar bylaw and that the uh tree species that are specified within the project are in compliance with the approved uh species as approved by the ten section 6.3 public shade trees you didn't mention I I did yes 6.3 shade trees and 6.4 solar bylaw okay I will so move I will second great we'll take a vote starting with kin jean yes steve yes and I'm a s as well thank you very much we will now close docket number three seven excuse me 3602 1207 to 1211 mass av let's now move to agenda item number four which is the 2024 ARB meeting schedule uh Claire thank you for drafting this meeting schedule as uh sorry I'm just trying to pull this up give me a second um so as is typical I believe that the base schedule has us meeting the first and third um Monday of every month with um exceptions made for holidays and um uh other other times of year when we um where it is more challenging to meet I did want to identify I believe that the April 15th meeting date is uh during school vacation week so I wanted to see if we could move that date either to April 8th or 22nd I'm assuming that the 22nd is Passover so that wouldn't be a great date so maybe um we we most likely will need additional dates leading up to town meetings so I'm wondering if the first the 8th and the 29th become our three dates in April is there any objection to that so say that again please so rather than April 15th um that's just a challenge for me because it's school vacation week and um my plans are not yet fixed um so my thought was April 1 April 8 and April 29th this is three April meeting dates and then the other dates I wanted to look at were the July dates and any August dates um that's a long period where we don't have any meetings right now in July um so my unless we already have a challenge with July 15th um was rather than July 8th to do July 1st and 15th and maybe the 5th of August we can always eliminate if you know again I know the people's plans aren't fixed yet but I'd rather have a couple of dates in there um because that was a challenge I know this year without having those those dates on the calendar so I wanted to propose that and see what the board thought would you be okay Ken with um July 1st and 15th rather than the first in the 8th just to give us a little bit further into July as the meeting either way either either way is fine with me okay um and then let's do a tentative date for August 5th we schedule in a retreat for the board members for next year's direction and and issues yes we talked about doing that once the new board member was on board um one of the items that I'd like to put on the agenda for um our next meeting in two weeks is to talk about the schedule leading up to spring town meeting because that's going to be the Arlington Heights business district you know we need to congratulations on a great show at fall town meeting but we've got to jump right into spring town meeting press so looking I'm actually looking forward to that I am too I am too there's a lot of excitement in in the community about that one so um I think that Ken to your point perhaps we look at um an early December date or an early January date but we need to schedule something I think um where again we bring in the new board member and and you know talk through I have quite a list of items that we had earmarked potentially for 2024 spring town meeting and uh we sooner rather than later need to go through and determine which of those we are in fact going to move forward with and we can do that at the retreat that's typically a great time to do that we obviously will do that in one of these public forums as well not that the retreat isn't public that is public as well but um what are your thoughts Ken on dates for that or Claire we had talked about doing the retreat in early December yes I think December is better than January so I saw that our our fifth board member is going before the select board on Wednesday correct correct so they would that's correct and I'm in the wrong year that's not helpful they would be available for the 20th the meeting on the 20th November 20th so just looking ahead Saturdays are all soccer all the time for me so they can be a little bit challenging I can make that work um Sundays are a little bit better I'll I'll for the sake of putting opinions in something uh what about December third third we potentially make that work is contingent upon the availability that's a Sunday it's a Sunday I can make I can make a Saturday work they're just a little bit more logistically challenging I can do December third so do we want to tentatively look at December third and we can finalize that date uh on the 20th sure well hopefully before then we can we can communicate back and forth and if we need um to identify a backup date we can do that great okay fabulous for the schedule yes I cannot be here on June third okay then let's find another date for that one could we do June 10 and 17 sure um would we want to 10 and 24 the other thing we could do we could run off schedule a little bit in June and do 10 we could do 10 and 17 that's fine thank you okay well I also be on one more request on the uh the retreat on the third can we get an update on past projects that we've approved already to date uh where the status of that it is um you know the project next to the cvs where that stand right now um some of the other projects that we've approved uh you know they're probably two years in some some maybe three some might be one year in I just want to know where everything is standing right now with all the projects we've done in the last say three to four years that's been approved is that too much to ask for I will uh I will do the best I can um but I should be able to provide um an update at least on everything we've done in the past year or two for sure I can see how far I can go back though okay thank you very much sure great any other uh requests we can put together an agenda for that retreat ahead of time and circulate that for review let's see let me come back to my agenda so do we need to vote on this board schedule as amended we will uh is there a motion to approve the board schedule as amended so moved is there a second second we'll take a vote starting with kin jean yes steve yes and I'm a yes as well the board schedule for 2024 has been approved all right let's close agenda item number four and move to agenda item number five which is open forum uh is anyone who is still with us this evening have any thing you would like to share seeing nothing uh we will close agenda item number five and move to agenda item number six new business claire the only new business I have to share with the board is um the uh your fifth member I had an interview with um Jim Feeney um and um she still is very graciously agreed to become a member of this board um to be confirmed by the select board on wednesday and then sworn in and at your meeting on the 20th so fantastic yeah thank you for moving that forward sure I have two I have two things related to um the town meeting discussing the MBTA communities um and we didn't have really have a chance to discuss this ahead of time I think we I'm not sure the we is needs to put together an application for site plan review so when someone comes in and you know it's no longer EDR review but their site plan review that we have that already yeah for when the first one comes in so I don't know claire if you in the department want to do the first cut sure we can put together a draft absolutely um I think that would be great if not for the 20th then for certainly for the board to treat or the fourth meeting on the fourth yeah yeah yeah and that would include that would go into the rules and regulations as well we need to include maybe we need to look and see because I don't think the EDR applications it's not but I think we had it earmarked and and I have it in my notes that there are there is a section of our rules and regulations which does need to be which does need to address site plan review okay and and and the other is um maybe a report next time on where are we on the inclusionary zoning yes peace and what's going to be happening and anything just a general application process as well that's something that would be great for us to be able to publicly report on sure oh yeah I guess I could have shared this as part of new business I did have a conversation with the state excuse me with the consult well with both the state and the consultant um on the economic feasibility analysis that is progressing um MAPC is our consultant there um we are we plan to um I did speak with the state they said you know please use uh their regular portal um to submit our um our final in DTA uh community's language you know this was um sort of in concert with them trying to do a pre-adoption review for us so they do have all of our uh documents they just like for me to more formally um submit them again um and this will be done in a parallel process with the attorney general's um submission so I have some folks on staff working on that and some folks on staff working on the submission to EOHLC um but they will be done on a parallel process and working with the city clerk on that as well town clerk sorry anything else G so we're going to put in the MBTA community zoning before we put in the inclusion or zoning because that's not going to be ready as quickly right that's correct okay yeah yeah the state knows it's coming yeah and that's why that's written in that way so that they can do their review and right right anything else Steve so um it's it's fall uh so there is an organization called the massachusetts citizen planner training collaborative and every year they put together a set of courses that are held virtually they're fairly inexpensive and they deal with kinds of things that uh planning and zoning boards um uh that come up in the context of planning and zoning boards um their schedule has was posted I think last week and I I believe there is a set there is a uh module on site plan review which I'm hoping to attend right fabulous thank you for doing that Steve great kin any new business no I'm off that I just spoke to y'all well with that uh is there a motion to adjourn so moved second we'll take a vote starting with kin yes jean yes Steve yes and I'm yes as well this meeting is adjourned thank you thanks kin feel better