We have a big lobby.
We have a cafe.
We have a big hall.
We have private walking trail, a lot of greenery, a gazebo.
And there's definitely ways to share those resources between buildings.
So we're looking forward to doing that.
Other questions?
What does your on-site property management look like?
So we have a live-in super, and then we have a management office that's there, as well as areas in the basement that stores a lot of our materials and supplies for the building.
I'm thinking more so for this to be a senior living community.
You have to pre-qualify all your tenants.
so are you working with a property management company are you guys managing that process
oh yeah sure yeah so we self-manage um so we would be we manage it on site we have a resident
uh coordinator who kind of handles the leasing aspect of it as well as
um the different event programming that we do for our tenants
okay and then um what's the long-term plan for the vacant commercial space there is that's what i'm
saying no that's that was a that was a complete mistake on the on the refusal i think that they
looked at the kitchen and think thought that may be a restaurant got it but that's the amenity yeah
that's the most perfect yeah okay all right questions from our attorney not at this time
questions from questions from the audience could you please come up
could you please let him sit there yeah yeah come on
Hi, sir. Could you please state your name and spell it for the stenographer?
Sure. Paul Canty. That's C-A-N-T-Y.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Are you a neighbor?
Please proceed.
Okay. Here's what's happening with this. Here they had a community meeting for this development,
it but they didn't have it in our community they had it in longcrest in longcrest it's at 62
they had it at 6200 rising sun avenue where this building's where this project is at is 70 40
oxford avenue this is in barham and i'm the person who sent you get the my petitions and i sent like
right one day we have so here that's the people that deliver across the street from this when i
told them this they're they're all like shocked like you're gonna they're gonna do what right
and so we'd like to have a community meeting with the community with the community not with
ward 35th ward yep rco it's bar home pacific association so that's why i sent in the paperwork
and that's what this is basically about when i told the people they want to have 49 units with
no parking so you got to be kidding me everybody that signed the petition and there's an apartment
complex right next door to this this one you know want to put up it's called pen manor apartments
it's got 62 units that's got parking for 40 cars right and here in the community the people in the
neighborhood i mean they were just shocked how many 49 units with this 40 with the 7040
oxford avenue development that and plus the height of the building in other words it should be only
three stories not four and in the end they'd rather they they would like a community meeting
a community meeting in the community not you know like a couple miles away so
in the community not you know like a couple miles away
is that's what the community would like to happen okay have a community meeting all right um thank
you for your input we'll we're taking everything you said under consideration all right thank you
can i yeah yeah can i see if there's anybody is there anyone in the virtual audience that you
do at all no mr chair i do not see any hands raised okay yeah mr chair this is the first time
i'm hearing anything about you know the fact that we didn't meet with you know any members of the
community uh you know you know my information is you know not you know you can find my information
i have not received any outreach from any other community groups and as you know the board knows
we meet with whomever is the coordinating RCO, and we send our notice out.
But honestly, I haven't even received any petitions or anything else.
It was submitted to the board. I don't know if you received it.
Yeah, so, I mean, I would like to get a copy of that just to see what's going on here,
but I'm actually a little surprised.
Sure. Okay. Thank you.
Planning Commission, do you want to make a...
Planning Commission is going to hold its testimony pending a review of the amendment refusal.
sure okay so uh we're gonna have a resumptive hearing 11 17 at 9 30 a.m all right thank you
okay uh thank you for coming in on your birthday we appreciate it
yeah yeah of course okay so we're back to number five am i correct yes mr chair um did i swear you
in for this already and i swore me in for uh okay all right so i don't have to swear you in
so we're going to 905 shell street right yep um could you just state your name and spell it for
the stenographer now i'll have to do the allen occamson right and could you identify your client
the relationship to the property yeah my client is rmv development llc and to the left of me is
Raphael vital, the owner. All right. Our vice chair has a few questions. Sure. Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing? Yes, we have. And do you waive the reading of the refusal and stipulate to us accuracy? Yes, we do. All right. Thank you. You can see your screen and proceed with this case.
all right so this board or the zba has seen this matter two other times my client was involved
a few years ago with a partner and they you know not they're no longer working together
and unfortunately the uh the approvals lapsed uh so we have 13 exhibits here uh at the conclusion
my presentation i'll ask rafael uh to be sworn in and i'll have a few questions for him um but
um and i have mr weckerley who's the architects representative who is online for any questions
regarding architecture pretty oh sorry yeah pretty straightforward uh project 905 south
shell street it's a single-family structure i've never never seen a lot so shallow in my life 22 feet
and seven and a half inches that's the depth of the lot we're based all we're asking for is full
lot size a full lot coverage here um everyone else has it uh so you know we met with the bella vista
neighbors association actually alex did move this thing down uh and uh they you know while there was
some noted opposition from some nearby community members those members actually have exactly what
we're asking for full lot coverage uh so this is a private street their concern was with stormwater
management they're like well we don't want you to build anything here because this is going to
affect stormwater management for this private street and we're like okay but that means you
want nothing here because this is a single family lot we're trying to put a single family here
we're asking for every we're putting a building structure here that everyone else has and
And we'd be more than happy to work with you in terms of stormwater management for the
private street as a whole.
We never heard anything back after the community meeting.
But the Bella Vista Neighbors Association, which is, again, another sophisticated group
who's head of that group is an architect himself and who asked, trust me, a lot of tough questions,
saw that this is a reasonable ask for a variance.
And there is an undue hardship here.
but you know the the group itself voted seven uh in non-opposition uh and you know there were two
there were four neighbors two nearby and two uh not nearby who voted against it but i just think
they voted against they would vote against anything that would be built there we're not
built there we're not asking for anything that's out of the ordinary uh we did make a change to
asking for anything that's out of the ordinary uh we didn't
our plan so if the board feels so inclined yeah that was asked of us by the by the community
group so that's what we did you know to shorten the depth of the bay window and then the property
history again in 2012 these same plans were produced you see all these refusals the board
granted that that that request you see by way of zoning permit a few years later rafael was a part
of this you see there's a little bit less refusals but the same plan the zoning code is just changing
on us and now you see there's only one refusal and that's you know again the uh full lot coverage
and you can see a zoning permit was there unfortunately he didn't build it have you
showed us photos yet no i'm going to show you photos yeah all right you're setting the tone
for us for the photos right yeah well how about this just take a look at this these are all the
other buildings on that block all right let's do it aerial view same thing zoning map we don't need
to worry about photographs this is our property front of the property notice posting this is the
to the right of the property to left of the property our plans and drawings again we're
doing full lot coverage, so does everyone else have full lot coverage. I can go over the floor
plans, but they're pretty straightforward in that it's just a single family lot. I actually had my
architect put together what a buy right option would be. It's just not like you have an entryway.
As soon as you get in the entryway, you're in the kitchen. There is really no living room. And you
go up a flight of steps and you have a bathroom and a laundry facility, but no bedroom. And then
have one bedroom on the third floor that's what a buy right option would be it would be completely
unreasonable we met with the community july 7th proof of mailing you know our application for
appeal and our deed to the property showing rmv development llc is the owner and our certificate
of tax clearance we are on a payment plan uh with that being said i would just ask that
uh rafael be sworn in could you please get close to the mic could you please state your name it's
spelled for the stenographer yeah it's a rafael vital r-a-f-a-e-l-v-i-t-a-l right do you swear
or affirm to tell the truth whole truth nothing but the truth counsel rafael you heard everything
i had to state it today about your zoning matter so true and correct yes and do you adopt as your
testimony thank you questions from the board is there a an alley behind the behind the property
what's what i mean if this if this is going from property line to property line how are you
accomplishing um fenestrations at the property line yeah i don't know if if mr weckerly is on
i i would ask him to be promoted as a panelist he's the architect yeah but don't don't you have
photos i thought you showed i did i don't know let me take a look you showed them all together
yeah 100 yeah let me see if i have that hold on a second site plan that shows alley with me
are you just checking somebody's backyard houses yeah let's see
that there yeah um i i would have to probably get it on the deed
page of the city's let's see if the site plan so what the site plan has do you
have a you don't have a site plan for this I know we do I guess I'm yes I'm
saying let me take a look at the site plan
I don't think I don't know it says it says something five foot wide plus or minus not
on city plans i don't it was that the i don't know what we're looking at though this is this
is our this is our property right that's right so that's so that's the street but then there's
it doesn't really say that there's an alley behind it yeah let me stop sharing my screen
and just go on atlas and let me just see for a sec i mean clearly i see where it's consistent
with the the adjacent properties uh i'm just trying to get an idea what it looks like anything
is sort of yeah let me just i'm going to reshare my screen i don't think there's an alley back there
i'm going to reshare my screen i don't think there's an alley back there
at least down again it's uh behind you yeah let's see is someone i thought it was the other yeah
at least
i thought it was mr goldberg who was shaking his head no no no he's shaking his head too
he he always shakes all right let's see um it's the rear of the darien street properties yeah is
this darien right here yes all right yeah i just think it butts up against it like every other
property on on shell street are you proposing windows on that side are we
where are we proposing windows no no we can't I just want to make sure there are
no windows on so there are no windows on that side no okay there's only windows
on the front facade building that is correct no everyone else has this thing
everyone else has the same thing I mean we have that wait a minute your your
partners coming up hi yes you do I think it was sworn in before I could I did
swear a minute earlier today Alex Goldberg for the record but my
understanding speaking with the architect is that the way that these
homes which are all designed the same way accomplish a secondary means of
egress as far as my understanding the building code is is the egress well
that's at the front of the property from the basement okay which is the same condition of
all the other properties none of them have access to any alley except for i guess the ones on the
end 915 but that's a party wall anyway and and there's no there's no no deck proposed no roof
deck proposed or anything so no no outdoor space there is a roof deck proposed there is a roof
that's the only outdoor space okay all right those are my questions thank you thank you
other questions yeah i guess just two things one how many of the other properties on this alley
deck does it doesn't look like it's most of them
regrets
are you going to testify me yeah we there's yeah there's somebody they wanted to test
so at least for sure the two properties to the left of us because these properties
originally all approved together 905 903 and 901 so that those two have roof decks if alan can share
the aerial photo i believe the majority have roof decks the older there are several older homes on
the block i think three or four um those don't have roof decks but all of the new construction
on the block as far as i can tell and i would imagine um the neighbor behind me might have an
idea as well the newer construction i believe they all have roof decks i mean i would i would
imagine that's the only way you're going to get any kind of outdoors have any exactly they don't
have any outdoor space otherwise yeah yeah i agree okay and um you know the basically the block was
built up from 2012 to now in different sets because some some developers you know 912 and 914 were
done together nine nine hundred nine oh one nine oh three and nine oh five were all done together
obviously nine oh five wasn't built that's why we're here so it's mostly all construction done
in the last 12 to 14 years okay and then do you know what the height um to the top of the parapet
is in comparison to the homes on either side at 9.03 and 9.07?
I believe we're matching the parapet of both properties, or at least the properties to
the left, 9.03 and 9.01.
it looks like the parapet is three feet and it's partially railing I don't know the height of the
parapet wall of the neighbor at nine of seven our height to the roof line is 29 feet seven inches
okay but 38 to the pilot house which was my question good thing questions from our attorney
none at this time questions or comments from the audience could you give up your sheet please
hi do me if you ever get close to the mic and um could you please state your name
and spell for the stenographer sure good afternoon liz green schultz l-i-z-g-r-e-e-n
s-c-h-u-l-t-z right you swear or affirm that tell the truth the whole truth and nothing but
the truth i do are you a neighbor i am please proceed i will be as brief as i can but the
board is missing testify some key information i am the owner of the newest constructed home
I am the owner of the newest constructed home on the street.
on the street there are no
There are a number of problems on the street that far exceed mere stormwater.
I didn't know them when I bought my home, and egress did not occur to me when I bought my home because I trusted that the home was built safely.
i am asking this board to deny this variance because to me the question is should this
developer be permitted to build on this lot this year and that is a very clear no to me
the reasons include water on the street i will give a little more detail but in some there's a
private sewer on the street that was not built to have this many homes on the street and i only
learned well i'll come back to that the water on the street the basement problems the egress
and the construction plan with respect to this particular property are my four main concerns
with respect to the water the city does not claim ownership over the sewer and the water