Page 18 THE EVERETT ADVOCATE – FRiDAy, DECEmbER 30, 2022 CITY OF EVERETT - LEGAL NOTICE - ZONING BOARD OF APPEALS 484 BROADWAY, ROOM 24 EVERETT, MASSACHUSETTS 02149 To Whom It May Concern: This notice is to inform you that a public hearing will be held on Tuesday January 17, 2023 at 6:00 PM, Everett City Hall, 3rd Floor George Keverian Hearing Room. All interested parties may attend and opinions will be heard regarding the following petition. Whereas a petition has been presented by: Property Address: 28 Cedar Street. Map/Lot: B-01-000136 Person Requesting: Mr. Cleomar Batista 4 Wilder Road. Leominster, MA 01453 PROPOSAL: To demolish the existing structures on the property and construct a Four (4) Story Six (6) unit Residential Structure Reason for Denial: The proposed use as a Six (6) unit building is not permitted is this Zoning District Permit was denied in accordance with the City of Everett Zoning Ordinance Appendix A as follows: Violations: • A Six (6) unit residential use is not permitted • The frontage for the lot is only 41’-9” in length. • The total side yard setback is only 14’-8”. • The FAR (floor area ratio) for the proposed use is 1.32. where 0.5 is the limit • Parking shown on the lot only indicates 10 spaces where 12 spaces are required. • There are several parking spaces that are undersized (less than 9’ x 18’) Zoning Ordinance: 1) Section 4 Dwelling Districts (a) Uses quoted below (a) Uses. Within any dwelling district as indicated on the zoning map, no building, structure or premises shall be used and no building or structure shall be erected which is intended or designed to be used in whole or in part for any industry, trade, manufacturing, or commercial purposes, of for other than the following specified purposes: (1) A single or double semi-detached dwelling existing at the time of the first enactment of, the Zoning Ordinance may be converted to provide not more than a total of three (3) dwelling units provided that the following standards are met: Any addition shall comply with the front, side and rear yard requirements and height limitations of the Zoning Ordinance. Where the existing building is already non-conforming, any alteration shall not increase the existing non-conformity. Parking in accordance with this Zoning Ordinance shall be provided for any additional dwelling units. (Ord. of 4-29-91) 2) Section 4 Dwelling districts b) Dimensional Requirements 2) line C Quoted below C. All other uses--------------0.5 maximum floor area ratio (Ord. of 6-29-87; Ord. of 4-29-91; Ord. of 7/16/2002; Ord. of 11/13/2007) 3) Section 4 Dwelling Districts b) Dimensional Requirements 1) Frontage which states the following: Frontage: a. 50 (Fifty) Feet minimum Residential lots in existence prior to the passage of this ordinance shall be exempt from The frontage requirement in this ordinance for a period of five (5) years from the date of passage of this ordinance, but shall conform to the requirements in effect prior to passage of this ordinance (Note: 30 feet Minimum) (Ord. of 6-29-87; Ord. of 7/16/2002 Ord. 11/13/2007) 4) Section 4 Dwelling Districts b) Dimensional Requirements line 6 which states the following: Side Yard: a. Four (4) feet minimum with a total of sixteen (16) feet 5) Section 17 Off-street parking paragraph A line 2 which states the following: A. 2 spaces per dwelling unit Off-street parking facilities shall be provided in accordance with the requirements as outlined below. Where the Term “gross square feet” is used, it shall mean the total occupiable floor area measured within the exterior walls of the building. (Original Ord. Of 2-26-1965, 6-29-87) 2. Multi Family Dwellings 6) Section 17 Off-street parking line K which states the following: (K)Parking facilities shall be designed so that no vehicles shall be parked nearer to any street lines than the minimum specified building setback for the Zoning District in which the parking facility is located. [in this case the front yard set back is a minimum of 10 feet per Section 4 Dwelling Districts b) Dimensional requirements] 7) Section 17 Off-street parking line I which states the following: Each required car space shall be not less than 9 feet in width and 18 feet in length exclusive of drives and maneuvering space, and the total area of any parking facility for more than five (5) cars shall average two hundred seventy-five (275) square feet per car. No driveways or curb cuts shall exceed thirty (30) feet in width. (Ord. 01-046/2001) MARY GERACE- Chairman ROBERTA SUPPA - Clerk of Board of Appeals December 30, 2022, January 6, 2023 BEACON | FROM PAGE 16 “The Legislature has made veterans’ issues a priority from the start of the session,” said Rep. Paul McMurtry (D-Dedham), House Chair of the Committee on Veterans and Federal Affairs. “It’s a great honor to chair the Veterans Committee and bring a great deal of pride to the House as we continue the commonwealth’s long history of recognizing veterans and their families.” (A “Yes” vote is for the bill.) Rep. Joseph McGonagle Sen. Sal DiDomenico ALSO UP ON BEACON HILL SEVERAL LEGISLATORS DECLINE TO COMMENT ON THEIR BILLS SHIPPED OF TO STUDY COMMITTEES AND ESSENTIALLY DEFEATED. Here are five bills that were shipped off to a study committee where bills are rarely actually studied and are essentially defeated. It is a way to kill a proposal without holding a vote on the bill itself. The sponsoring representative of each bill did not respond to repeated requests by Beacon Hill Roll Call to comment on why they sponsored the measure, how they feel about their proposal essentially being defeated and whether they plan to refile the bill in 2023. HATE CRIME (H 2443) – Adds an “attack on a police officer which results in serious injury or death” to the definition of a hate crime in Massachusetts. Current law defines a hate crime as any criminal act “coupled with overt actions motivated by bigotry and bias including, but not limited to, a threatened, attempted or completed overt act motivated at least in part by racial, religious, ethnic, handicap, gender, gender identity or sexual orientation prejudice, or which otherwise deprives another person of his constitutional rights by threats, intimidation or coercion, or which seeks to interfere with or disrupt a person’s exercise of constitutional rights through harassment or intimidation.” Supporters say that the recent increase in attacks on police officers across the nation is outrageous and that attacks on police officers who risk their lives every day should be a special protected class under the state’s hate crime law. Sponsor Rep. David DeCoste (R-Norwell) did not respond to repeated requests by Beacon Hill Roll Call to comment on his bill. FALSE MARINE DISTRESS CALLS (H 2458) – Requires the Massachusetts Secretary of the Executive Office of Public Safety and Homeland Security and the Attorney General to establish regulations setting a penalty schedule for individuals making false marine distress calls. The penalties must include reimbursements by individuals making the false call of the costs incurred by the responding state agencies. Supporters say that these false calls can cost the state thousands of dollars and also tie up emergency response teams that could be responding to real distress calls. Sponsor Rep. Ann-Margaret Ferrante (D-Gloucester) did not respond to repeated requests by BEACON | SEE PAGE 19 Yes Yes
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