pages: PlanningBoard/2019-09-09.pdf, 4
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PlanningBoard | 2019-09-09 | 4 | Maria Dominguez said the use permit application has not been investigated thoroughly. She said there is a pending landlord-tenant issue that may be litigated. She said granting a use permit would send the message that it is permissible to take away a tenant's rights without proper investigation. She said the board should do additional environmental review. President Curtis closed the public hearing. Board Member Teague asked if the space in question is in legal dispute. Staff Member Tai said that the issues that some speakers described were civil matters between landlord and tenants, and not within the scope of the use permit consideration. Board Member Teague asked how we can process a use permit for an area where multiple people have claims. Celena Chen, Assistant City Attorney, said that it was a civil dispute and does not impact whether the Planning Board can grant a use permit to the tenant to use the space. Staff Member Tai said the use permit decision would be based upon the findings in the draft resolution. Board Member Teague asked for clarification on what the requirements for the exhaust system would be, even though it is not part of the board's decision tonight. Staff Member Tai said the mechanical permit for the exhaust vent is a separate issue from the patio use permit. President Curtis said he visited the site and that the exhaust system is quite complex. He said there were two scrubbers and that the fan was at the top of the stack in order to mitigate noise problems. Board Member Rothenberg suggested that staff ensure the strictest standards be enforced on the mechanical system. Board Member Hom asked what the City's usual view on these type of permits has been on Park Street, and whether the hours of operation restrictions are in line with other similar properties. Staff Member Tai said this is a classic land use issue and that the conditions are fairly consistent with other use permits that have been issued. He said they have given probationary use permits in the past to see how the applicant performs. Approved Planning Board Minutes Page 4 of 11 September 9, 2019 | PlanningBoard/2019-09-09.pdf |