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Committee backs option to waive land‑use board fees for variance filings linked to building recertification repairs

2124509 · January 17, 2025
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Summary

The committee approved sending an amendment that would let the City Commission waive land‑use application fees by resolution when variances are required to correct deficiencies identified in building recertification inspections; members asked for an administrative path and a hardship statement option.

The Land Use and Sustainability Committee on Jan. 16 advanced an amendment to allow the City Commission to waive land‑use board application fees in cases where a variance is required to make repairs or improvements identified in a building recertification inspection report.

The item was introduced by a commissioner who described a condominium association, Boston Plaza, which faced costly variances after a 40‑year recertification and predatory contractor behavior. Property manager Mike (translating for Gabriel Caravanou) described a situation in which the association had to install light posts to pass a photometric test to obtain recertification and then seek variances after the work was done. He said the association includes about 60 units, many occupied by elderly residents on fixed incomes, and reported city variance fees “I believe they totaled $18,000. How much? $36,000.” He described the resultant financial strain and special assessments.

City attorneys explained the ordinance would permit the commission, on a case‑by‑case basis, to waive some or all fees associated with variance applications necessary to comply with recertification. Staff recommended any fee waiver remain under the commission’s purview but noted waivers could be placed on a consent agenda for efficiency. Committee members discussed adding a requirement that applicants include a statement of financial hardship in the application; the sponsor indicated willingness to include that as an optional application requirement but also warned that associations may be victims of fraud or other circumstances even if not strictly impoverished.

The committee moved the item “as amended” and adopted it by acclamation. The motion forwards the draft LDR amendment for referral to the Planning Board and ultimately to the City Commission.