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Neighbors say ZBA continued 43 Union Street application after concerns about stairway and tree

3111533 · April 24, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

At a meeting of local residents and committee participants, attendees described a May Zoning Board of Appeals hearing on 43 Union Street that was continued so the applicant and attorney Arthur Reed could return with revised plans that remove a stairway that residents say threatens a nearby tree.

At a meeting of local residents and committee participants, attendees described a May Zoning Board of Appeals hearing on 43 Union Street that was continued so the applicant and attorney Arthur Reed could return with revised plans that remove a stairway residents say threatens a nearby tree.

The matter matters to neighbors because the stairway’s proposed location overlaps root areas of a significant tree. "They wanted to give attorney Arthur Reed and the applicants the opportunity to come back and revise their plans to remove those elements, particularly the stairwell, that we're concerned about impacting the tree," said Emily Molden, summarizing the ZBA discussion.

Why it matters: If the stairway remains out of the setback or is shown on Historic District Commission (HDC) plans as a parking location, other permits would still be necessary before construction. "Before they could actually construct that, they would still need to go before the planning board for a special permit for the curb cut and also go through DPW to get permission," Molden said.

Dave Chantu, another meeting participant, said he was encouraged that some ZBA members seemed prepared to deny the application as proposed. "I was heartened by the fact that they were . . . definitely ready to deny, out of hand, I think, based on what we wanted to see," Chantu said. He and others urged continued scrutiny at subsequent reviews and active enforcement if permits are approved with conditions.

Speakers also raised practical enforcement concerns if the applicants proceed without the stairway. Chantu said his worry was that extensive daily truck operations to remove roof material and bring in construction supplies could overwhelm the small site and require frequent on-site oversight. "It's almost like the original thing they wanted to do there where they were gonna hand dig a foundation," he said, stressing the need for monitoring and enforcement.

Meeting participants said the ZBA had at least discussed the neighbor and committee concerns and that the next relevant meetings — including the ZBA and potentially the planning board — will determine whether the proposed changes address tree-protection issues and curb-cut requirements. One participant urged members to attend the next ZBA hearing to follow the item.

Ending: Meeting attendees said they will monitor the planning board and DPW agendas, and many planned to attend the next ZBA hearing to press for conditions or denial if the stairway or other elements that might harm the tree remain in the plans.