Resident questions 24 Orchard Street’s status as council considers rehabilitation-area designation

Joshua Goldman, a resident at 185 High Street, told the City Council during public comment that a 32-unit apartment at 24 Orchard Street may be illegally constructed and asked why the city was not pursuing enforcement rather than including the property in a rehabilitation-area designation. "If the building that exists was built in the eighties or potentially even before then, then it would never have been conforming at the time that it was constructed. It would be illegally constructed," Goldman said.

Business Administrator Fernandez responded that the structure is a "legally occupied" building with certificates of occupancy and inspections by code enforcement and therefore should be treated as a preexisting nonconforming use under current zoning rather than an illegal structure. "It is a nonconforming building because it does not comply with any of the permitted uses under the current zoning," Fernandez said, adding that the designation in item 26 is "just saying the study was done" and that the resolution merely finds the parcel meets statutory criteria for designation as an area in need of rehabilitation.

Council President noted the distinction between the resolution and later steps: accepting item 26 does not adopt a redevelopment plan or bind the city to a developer’s proposals. Fernandez reiterated that the next step after designation is development of a plan and negotiation with a property owner or developer, at which point the council would have the opportunity to accept, reject or modify any ordinance presented.

The council did not take immediate enforcement action during that exchange; members encouraged follow-up with the business administrator and code-enforcement staff for further investigation of permits and approvals. A separate roll-call process later approved the packet of resolutions and set down associated items for later ordinance hearings.

Next steps: item 26 is a designation resolution; if the property owner or developer advances a draft redevelopment plan, that plan would be presented to the council and could be accepted, amended or rejected in subsequent legislative steps.