was the visibility from the deck they're actually more concerned about someone
climbing onto that deck and causing problems so they asked that to be
removed the there were other safety issues on the block unrelated to my
client's property going back a few years so a lot of the discussion went into do
you have lighting on there what and he does and he does have security camera as
well so the committee members and the neighbors are very happy to hear about
that primarily we are asking for dimensional variances here for various items that's uh
pretty much the uh refusal items that you see uh with the deck being one of the things that we're
not looking for however that that basically changes our 100 coverage uh to basically a
smaller overall coverage because once the deck's removed the rear yard is still shorter than what
code permits with the uh with the property being the way it is uh with the access to the rear
alleyway being available and it's it's going to be maintained again as a two-story single family
dwelling we had no other objections from the neighbors and once again the rear does match
the neighbor's depth which has a similar depth rear yard my client should be here to verify the
testimony uh we were told to estimate to be heard around 12 30. uh i did ask him to still log in
in advance so i'm not sure if he's on at this moment that's i missed amir simpson yes amir
simpson yes before your client comes on are you saying the whole deck goes yes the whole deck
would be removed. Okay. Sir? Amir, if you're on, please unmute. Hi, sir. Could you please
state your name as spelled for the sonographer? Amir Simpson, first name A-A-M-I-R, last name
simpson simpson do you swear or affirm to tell the truth the whole truth nothing but the truth
yes counsel thank you amir um did you hear my testimony before the board and also see the
presentation on your screen yes can you verify what i have represented to the zoning board to
be true and correct and adopted as your own testimony yes can you confirm that the deck
will be removed if uh the board permits this to move forward as proposed yes thank you
questions from the board uh yeah there are a number of uh guess concerns one do you own the
property adjacent to you directly adjacent to you so no so for that property i paid a property tax
the owner abandoned the property when they knocked down the building so i've been practicing
I believe adverse possession. So I've been paying the property taxes and everything for the last,
I want to say about 10 years. And I own four other lots after that. So it's the one that's
after that so it's the one that's directly next to me and i own four directly after that so the
directly next to me and I own four.
one directly next to you you don't know that's the one that you're looking to to get adverse
possession for and i believe that's 20 years right um so i think for residential i believe
it's a little bit less is it less okay yeah um because you know i look at your plan and you've
got these windows on the property line which you can't have um so lni is going to make you take
them out right because you can't have windows on your property line um if you don't own the
property next to you um that would need to be some sort of lot consolidation right so that that's
going to be problematic and you put a lot of work into this i can see um the other thing is the
enclosed porch i don't doesn't that have to go separately as a separate approval it is uh part
of the front setback refusal is what the enclosed porch uh triggered uh on the um on the uh refusal
side okay because the adjacent house doesn't have the porch okay enclosed it does have a
The porch is not enclosed. So that is the front. Right? Yeah.
Um, okay. And then you did the extension on the back.
Correct. All right. Yes.
All right. So, those are my comments.
The questions questions from our attorney.
Yes. I just wanted to clarify. You've indicated that you're removing the deck. I realize that. Did you submit plans to L&I, like revised plans to L&I, that showed the absence of the deck in the rear?
In fact, I believe our plans here does not show a deck, right? That plan that is before the board today also has the deck already removed on the plan.
Okay, because that would be this area will be covered by the deck. Is that correct?
Yes, it was just a question because you indicated you were then removing the deck. So that's why.
Questions or comments from diverse audience?
Yes, Chair, I have a phone number ending in 3552.
Okay, they will be allowed to speak.
hello hi adrian hi how could you please state your name and spell for the stenographer
yes adrian fernandez my life name is spelled f-e-r-n-a-n-d-e-z
truth and nothing but the truth adrian yes please proceed
okay um comfort rco is only um only support of the front enclosed porch if
the owner uh gets certificate of occupancy from lni the uh eight percent is no one around here has
eight percent back there and um the decks also we don't have decks or um the uh yards on that
block of race mark feel like that's a small block um the south facing wall is adjacent to 2911
north fronzo the owner and her mother have passed away and house was torn down after that so it is
part of their state and not owned by 2913 owner that wall has numerous windows that shouldn't be
there it has a door that shouldn't be there and it also has a deck built out my guess is about
um maybe 10 feet or maybe not maybe uh six feet it's built out six feet into um 2911 as a camp
reliever to the structure to the structural wall the south facing wall so all that has to be removed
um i forgot if there's a deck in the back or not but i think it was mentioned there was a deck in
the back that needs to be removed there's um this house was worked on at the opposition of neighbors
for a long time with complete disregard to what was happening to the what it caused in our
neighborhood that part of judson street it is the most dangerous in terms of if you hide you can't
see if visibility is hidden you can't see there was a murder in front of the tree which is about
2909 a murder of a man who was the son of one of the mayor's employees
a murder of a man who was the son of one of the mayor's employees and also on the corner more
recently the owner of that property was robbed because the owner of 2913 has built security
fences um there's no curb cut never has been it's all residential um he's built them on 29 11 2909
2907 2905 and he also it's 100 okay he cannot see through it so it makes a large area where
it's not visible and increases um you know crime dangers to the area um all that needs to be
removed because he does not own those properties continuously he does not own them um neighbors
want all that removed and to be restored to um either a fence you can see through that's lower
um or just you know open with like a wooden fence as a lot of the lots have so um
there's a lot of violations on 2913 i think there's 16 investigations and about 12 violations
the other properties that he built on without permits fencing security gates that you can
drive-through and keeping cars on those lots belong to other persons and um they are 2911
2913 2909 2907 and 2905 all all those structures that he built there need to be removed
we did inform the owner of 2913 that we would never approve a curb cut there because
we are within a thousand feet of a school and um children are always walking down that street
on school time even in summer because the school is open for camp it just makes it dangerous to
think that cars will drive down cambia and then make a right onto judson that's going to be a
problem for children on an ongoing basis because it is elementary school so there's really young
children walking over there and a lot of elder persons so in summary the porch on the front
if um he can get l and i approval for that because we don't know how sound the structure is and to
protects the neighbor that's connected and we're also asking that the if the
variance is granted there's just be for the porch no eight-foot wall and no deck
and also that there be a temporary variance granted for four years to give
the owner and us time for him to correct all the not unpermitted and not
implemented structures that he has built on 2913, 2911, 2909, 2907, 2905, which is really
egregious to do that to a community without going through LNI, which has been a whole
lot easier if he had just went through LNI because it guided him and given instructions
on how to properly build on properties that he was allowed to build on.
Thank you very much.
All right.
Thank you.
thank you uh adrian um just just to be clear the other properties is basically the enclosure that
you're taking issue with correct because there's a fencing around what you're saying i'm not i'm
not sure give addresses because he's built on five properties 11 13 13 which he owns he's built on
11 and he does not own 09 0705 so can you be specific when you ask me questions so the structure
your the structure you're referencing is basically a fence correct
l and i is calling that a security gate it is a drive-thru security gate that requires a um
you know a license for a um that is a um that is a separate that's a separate product property
that has separate uh ongoing uh matters with l and i uh with regard to this property okay let
let me finish i wasn't finished the those structures were built
who owns 2913 and this is why ellen i was called to the locations okay so he built
all of those structures and we have photographs proving that uh with his construction workers
and everything uh not not to cut you off ms agent uh said i'm here at the property if y'all want me
to like show y'all a video or anything because i don't know which structure you're wrong here's
here's structures are the security center listen to me listen to me everyone listen this is a
concentration on 29-13 and that's what the board's looking at and adrian i appreciate your testimony
but that's where we are right now 29-13 uh zen do you have anything more you want to say about 29-13
yes uh just that we would agree to remove the deck um it would be part of if that's any part
of the requirement that's been agreed to uh and and uh any other requirement the board may have
thank you i have one more question i'm looking at google is that extension i see an extension
on to 2913 is that an extension is that extension still there um when you're
is that an extension is that extension still there um when when you're talking about extension you
mean it looks like it appears to be a wooden second floor extension that's the deck that's
the deck well it's enclosed it's like a second floor edition uh no uh amir the in the rear there's
a the when you're talking about second floor there's an on the google maps is that the deck
that's kind of covering that rear open space as a cover is a second floor deck that extends on
to 29 whatever the property is next to it i guess that's the deck is on you talking about on 29 11
correct correct turns to the side of the building yes all that will be removed part of the deck
all right okay um planning commission
Jonathan Goins Planning Commission comprehensive plan recommends no change to the RSA 5 residential single family zoning at this location.
Work was done without the benefit of zoning permits, and the appellant has not shown that dimensional compliance would have caused a significant financial burden.
The city planning commission recommends the zoning board deny the dimensional variance. Thank you. Um, Council, uh, we want to hold this.
It's a lot to digest, and I don't want the whole board to get a feel on where we stand with this.
So we will vote on this next Wednesday at 9.30 a.m.
Can I speak just to respond to some of what Ms. Adrian?
I think there's enough response.
I think a lot of comments were made about other properties.
has 2913 in front of him and that's what we're going to concentrate on what what's going to
happen at 2913 what we think is the right thing to do so next week we will go at 9 30 a.m do you
want that the date it's all sure sure it's going to be let me just make sure i'm right yeah august
5th august 5th okay into the right thank you everything's closed everything's closed thank you
Thank you. Mr. Nockamson, will you come up and finish?
So, if I remember correctly, we were in the
point of following up and you were trying to answer questions. So why don't you introduce
your clients first and I'll, Darnell? Darnell. Darnell, could you please state your name and
spell it for the stenographer? Darnell Hamilton. D-O-N-N-E-L-L. Right. All right. Last name?
h-a-m-i-o-t-o-n do you swear or affirm to tell the truth the whole truth and nothing but the
truth yes now counsel you remember some of the questions so why don't you kick it off yeah so i
made a few representations to the board that you did not hear i just want to make sure they're true
and accurate um you're going to have three staff members working eight hour shifts separately each
so it'll be 24 7 care yes uh your clientele will be highly functional autistic individuals
yes all right um while you're not administering uh medication uh you will uh
i guess allow them to have medication while in the premises yes and you did state something about
like a reminder system that you do have so can you explain that so so it's a medication reminder
that the residents uh the people will have based off their needs that they need to utilize their
medication that's what the medication reminder is it doesn't necessarily mean that we're
delivering it it's just that they have it on hand all right and then the individuals that will be
living there are through city and state government programs is that correct yes all right and then
your why don't you state your qualifications like certifications as such the board i'm a six-year
licensed practical nurse i have a wide expertise when it comes to people of disorder mental
disorder like schizophrenia autism etc uh in multiple different facilities okay and then
the individuals that would be working here and including yourself have to go through background
checks yes have to sign hipaa agreements yes medical screenings yes provide immunization
documentation yes have cpr certification yes first aid certification yes
have cpr certification yes first aid certification yes emergency response training
yes abuse neglect and reporting training yes training on de-escalation and behavioral training
yes all right um what what would be the age this was a question the board asked what would be the
age range of the individuals who would be living there the age range would on average be around 30
to 50 okay and they would have no physical limitations no and you expect that they would
the clientele that you're seeking you would expect they would be taking public transportation if
anything yes all right and then you would you know the people oh we talked about uh food service you
would have your staff cook food for these individuals yes all right and then you would also do
programming for these individuals as well yes can you tell the board some of the programming
you envision in the property well some of them will be like a programs where you know in field
trips like once a month we'll take them out to certain events like neighborhood or you know
certain events like you know the casino or movie night uh and uh day programs is basically um
Like, it's therapeutic things like, you know, events like stretching or, you know, getting them more independent with their livelihoods, because we are, it is a supportive system that we're trying to do.
We're, they're basically people that are like tenants, but, you know, we're just assisting them and we're just trying to improve their daily livelihood with these daily programs.
Right. And then there's state licensing requirements, such as a PA, PhD, OPD license as required, right?
And the state has regular property inspections as well, right?
I think that's basically it that I presented last time. I don't know if I missed anything.
You want to talk a little bit too. Three bedrooms, four people? Tell me how you'll handle that.
The three bedrooms for four people maximum. So one will be a shared space. It will be the biggest room. Everything else will be private. It's above watching 20 square feet and that meets the requirements to have two people in there at the same time.
okay all right and then oh one other thing the board didn't mention that there was a lease that
was presented to them of one year but my understanding is that you agreed to a five-year
extension with the property owner who also happens to be your father right yes and then i can have
mr hamilton also verify to the board that they'll adopt your testimony and he'll adopt that portion
of the testimony that there would be a five-year lease starting the date of the hearing so that
board feels comfortable that it's now a one-year lease so for the term of it so and what and would
the uh applicant be uh if we so were inclined to approve a five-year temporary variance
state that again a five commensurate with your lease a five-year temporary
I have a question. So are these residents, are they mandated to participate in your programs
or are they, is it optional for them since you said it's supportive?
100% optional.
Optional, okay. And then the other question is, you said there will be 24-hour staff.
I know the drawing that you gave us wasn't, you know, to scale, but could you show us