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September 17, 2026 – Zoning Board of Appeals – Video & Transcript

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September 17, 2026 - Zoning Board of Appeals

 
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Okay. All right. So this is the September 17th interim hearing for the Wayland Zoning Board of Appeals. And the only agenda item tonight is the discussion of 373 Commonwealth Road, where the applicant is making a request to change a already permitted 40B rental apartment complex to a condominium complex. So we have received a letter from town council stating the applicable provisions of mass general law to guide us, I guess, in having a discussion about whether or not we think this is a substantial change. So I read the memo from town council, and I also looked at the underlying... Law chapter that she references. And I think it's pretty clear this would be a substantial change. It's not an insubstantial change. That's my opinion. I don't know what the rest of the board feels. I agree completely. The original plan for the rental building, each unit counted towards the town's housing stock. Yes. Towards 40B, correct? Correct. If they change over, only a quarter will count towards 40B? Correct. So not only is it a substantial change to the underlying 40B, the process by which the town approved the underlying project, but it does have the side effect of changing the amount of affordable units available in Wayland under the state calculation. So it would immediately cause a Schenker shortfall. Correct. So the question could also be, is it, must it be that all the units become condos, or could a number of them become condos and still preserve... Hey, guys. Stop the windows. Come on. That's an interesting question, Iida, but we don't know because we haven't received the application yet, or all the materials in there, and that could be point of discussion. But I don't know how my understanding of the how that would work. Usually, if you kind of minimize the building, it's usually you do the whole building, although I suppose it's possible to do a portion of it. But I don't really know, we'd have to find out. But I don't think that would matter. I mean, that it still is. I think the only issue we have to review is if we think it's a substantial change or not. Well, it's hard. It's hard to say that it's not a substantial change. To me, I think it's really, it's a really difficult position to say that it's not a substantial change. I agree. Adam, I see you just you just joined us. We literally just opened this. I don't think we need to spend more than a few minutes on this. But it really is just a discussion as to whether or not the board is in agreement that this that changing from apartments to condominium would constitute a substantial change, which would then open the door for us to have a hearing with the applicant. I would think that that would be a substantial change as well. Um, as far as for Justine, she's looking to get she's having trouble getting in. She texted. No, she's she actually was able to get in. You can't see answered me faster than you did. But thank you. Hey, I was looking. I was looking. I appreciate it. Thank you from flag football practice right now. So um, all right, well, I don't necessarily know that we need any more any more discussion. Um, I, I guess I would, I'd make a motion that the zoning board is in agreement that the proposed change for hang on, let me get the address correct. Proposed change for 373 Commonwealth Avenue does constitute a substantial change. Second. Uh, I guess by a roll call, okay. Uh, let's see. Um, Miss Janice. Aye. Mr. Perry. Aye. Miss Paul. Mr. Hirsch. Aye. All right. I couldn't hear you, Justine. Sorry. Aye. Aye. And Mr. White, aye. So we voted five, uh, to nothing that this does constitute a substantial change. So, Anina, do we need to schedule a hearing or is this all you needed to schedule a hearing? So the next hearing would be October 13. So I would suggest scheduling it then and open the hearing. Okay. Do we need to make a vote on that or no? I think it just, um, it just gets Now that we have a, it's, it's a, it's a major change, then now it just gets added like anything else, wouldn't it? Um, I think we can announce it that it would be the hearing of, uh, October 13th. Um, I think we can announce it that it would be the hearing of, uh, October 13th. And I think Aida wanted to say something. No, I, I guess I was muted or something. Um, I think we just add it to the next, the next upcoming agenda. Yeah. If the board determines that this is a substantial change, we can have a broader discussion at the October 13th hearing. Okay. Wonderful. So we're going to send out the notice and the legal ad, and then we can schedule it for October 13th. Yes. Okay. Okay. Um, motion to adjourn. Can I ask a question? Can I ask a question? Oh, sorry. Sure. All right. I'm sorry. I'm going to be that person. Were we going to have that meeting with town council to go over the changes and how that applies to us? Is that something that we heard? We haven't, we, Anina reached out, um, and I think, I think we are waiting, or Anina, did you, correct me if I'm wrong, did you propose some dates for us to fill out to see about that? Or were you waiting to hear back? So this was for this meeting because we have to open it within like 20 days. And if you want to have it on the October hearing, it has to be before the 20th. So that's why the rush for like. Got it. So we haven't gotten confirmation for the other one yet. No, but I think Nate wants, uh, town council to be at the hearing of, uh, October 13th. Okay. Um, and I think we would also need to reach out to mess housing because they are the, um, they funded it. They funded the 40B. So, uh, they would need to agree to that too. So I think there has to be a certain complication, but other than that, we are planning to have town council, uh, at the hearing. Okay. And then that the date for town council to advise us on the unrelated changes to the bylaw is still to be determined, right? Yes. That has not been confirmed yet from, uh. Okay. Okay. Um, all right. So I guess back to, we had a motion to adjourn. And we had a seconded by Ms. Janice. So I guess by roll call, Ms. Janice. Aye. Mr. Perry. Aye. Ms. Paul. Aye. Mr. Hirsch. Aye. I think you're muted, Adam. Is it there? We, Adam may have frozen. I think he wants to adjourn. Well, we only need four, right? We only need four to carry this. So, um. Okay. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. And Mr. White. Aye. So we are adjourned. So there he is. There he is. Hey, Adam, we just, we just loaded. All right, Adam. All right. There we go. It is now official. We are adjourned. So thank you everyone.