The Cambridge Board of Zoning Appeals voted 5-0 on Oct. 9 to grant a special permit allowing the addition of a fourth floor and one unit at 351 Cardinal Medeiros Ave., a corner lot in East Cambridge.

The permit lets the proponent raise the pre-existing, nonconforming building to four stories under a special-permit pathway after the board and Inspectional Services Department (ISD) legal staff concluded that a footnote in the new multifamily zoning — often called “footnote 3” in the dimensional table — does not apply to corner lots. The board attached conditions requiring the work to conform to the submitted drawings and supporting statements.

Attorney Patrick Barrett, representing the proponent, said the project would add one unit, repair a building described in the filing as being in “a pretty significant state of disrepair,” and bring the structure closer to what the new multifamily zoning allows. Barrett said the building is effectively a zero-lot-line structure and that the application was before the board under Article 8 as a special permit because of the corner-lot setback issue.

A nearby resident, Joel Fishman of 1 James Way, spoke during public comment, saying the neighborhood is predominantly two- and three-story buildings and that a fourth floor on the corner building would increase shadowing on his property and trees. Fishman also noted that the nearby example the applicant cited sits across from a church parking lot and is not a directly comparable built condition.

Board members asked questions and discussed the zoning footnote’s language. Chair Jim Monteverdi explained he had consulted ISD and the city legal department and that their reading was that the footnote’s setback calculation — which averages adjacent setbacks for interior lots — was not written to apply to corner lots. Board member Daniel Legato said he was inclined to approve, noting the new zoning encourages four-story buildings in the district; other members also said they did not see traffic or safety detriments.

The board’s motion granted relief under the ordinance provisions cited in the application (the motion referenced the table of dimensional requirements and sections on nonconforming structures and special permits) on the condition that the work conform to the drawings titled “Property Renovations, 351 Cardinal Medeiros Avenue,” prepared by W. D. G. Design Group and dated 06/19/2025 and that the supporting dimensional statements submitted with the application be incorporated. The board stated it found the special-permit criteria under section 10.43 to be met.

The special permit was approved unanimously by roll call: Virginia Keesler, Steven Ng, Zaria Miranda, Daniel Legato and Chair Jim Monteverdi voted in favor.

The board’s approval is limited to the scope and conditions spelled out in the permit: the work must match the submitted drawings and the supporting statements incorporated in the motion. The file contained no correspondence for or against the application other than the public comment made at the meeting.