dominic you're breaking up a little bit could you say that again i said we are requesting
that it appear back in front of the community thank you thank you i hear you is there anyone
else in the audience yes um they that person went all oh yeah here they go michael andre ward
okay will be promoted
good morning sir
unmute all right can you hear me sir i can could you please state your name and spell for the
stenographer my name is michelle andre ward that is m-i-c-h-a-e-l-a-n-d-r-e first name last name
is ward w-a-r-d do you swear or firm to tell the truth the whole truth nothing but the truth
yes your honor mr ward could you please put your video on is that possible
um if it's not that's okay oh wait wait wait i just are you a neighbor yes please proceed
please proceed i'm actually the house right next door at 1830 mcclellan street
i'm actually at a house right next door at 1830 mcclellan street okay
okay please lift up this block for for since and since this this neighborhood says 77 i lived here
since 97. wow okay and um as for this proposal as uh one of the judges had said earlier we
We only have single-family homes up this block, and it's always been single-family homes.
Many of my neighbors, they weren't able to get on the Zoom meeting in March 22nd.
I was there on March 22nd with Mr. Little Page and other constituents in our neighborhood.
And today, also, a lot of them, because it's at work, were unable to voice their opinions.
And it's like last year in July, when he has sent out a letter, many of us, my neighbors didn't get letters to voice our concerns.
And as for going back to the issue of a third floor house, when I when I first introduced a house at 18, I think it's 1823 was the first three story house.
I did not know we had the power at that time to refuse a three story house for that particular area.
and so i was unaware and ignorant that that we actually had a power to say something and advice
for our safety reasons now for the house being built next door i have a concern for the safety
of my house because when i demolished the house at 1828 mcclellan street it damaged my house
also the foundation, the walls, and there's also
they damaged the house at 1826. So when I hear them
going to lower the basement, I'm really concerned about safety features
safety-wise. So I've been here
when all these houses have been being built. A lot of property
damage from when they were building the houses, my neighbors
pavements have gotten destroyed uh parking we have very limited parking here because it's under the
ppa so to have a two-family home it's really concerning when we already have limited parking
and we have a lot of families here okay like i have a son and daughter my neighbors have children
the single family um idealism is what moved made a lot of my neighbors move here
because they enjoyed having a single family community homes okay i was voicing to say
i have hope that the refusal stays intact and when the gentleman said that we had no refusals
your honor on the 22nd you know i was there on the 22nd we were we all were voting refusal for
him to sit there and say that oh i i don't there was no nothing from the community they weren't
against it when we all right thank you thank you very much we understand thank you your honor
position uh counsel do you have any questions of this person
sir you were at the meeting correct yes okay and you had a chance to testify there or voice your
concerns yes sir okay and yet your testimony today that you were voicing concerns about
the property being a single family dwelling yes sir and you understand that that wasn't
part of the reason why he was refused correct yes sir okay i don't have anything for it
all right thank you uh anyone else in the audience
there was but their hand went down um obviously we're going to hold this planning do you want to
take a position now uh yes chair we can testify yeah uh once again jonathan goins planning
commission staff the comprehensive plan does recommend a change in zoning at this location
from the existing RM1 residential multifamily to RSA 5 residential single family the dimensional
variance for occupied area is de minimis and third floor addition without the required setback
is consistent with several other properties on the block uh therefore the city planning commission
recommends that the board grant both dimensional variances all right thank you um Council we're
to we're going to hold this after suggestions by several people i'm going to make a resumptive
hearing um i think the rco has asked that you come back one more time and that's fine we didn't
and that's fine we didn't know we would have asked for a continuance absolutely so we have
No, we would have asked for a continuance and met with them.
We have no problem.
no problem at this point the consult resumptive hearing i have is july 7th at 9 30 a.m okay yes
thank you very much thank you very much number number six that was six here number 18.
uh council stay on um mi 2020 5006 990 2601 south marshall street raymond derizio is the attorney
Raymond DeRizio is coming back now sure
good morning Mr. Chairman and members of the court so this is 2601 South
Marshall Street here's unanimous support from Whitman Council and a letter of non-opposition
from Council Member Squilla could you identify your client a relationship to the property
yes my client's name is mark lewitz and he is the owner of the property our vice chair has a few
questions good morning have you submitted your documents and exhibits for this case five days
in advance of the hearing yes and do you waive the reading of the refusal and stipulate to its
accuracy yes all right thank you you can see your screen and proceed with the case okay thank you
Okay, so this is 2601 South Marshall Street.
My client is the owner of the property.
He's owned the property for about 39 years.
This is our second time here on this one.
He was refused because he's seeking to do a two-family dwelling unit in the existing property.
It's been a duplex for a long time.
We were here in 2021.
He was granted his variance, but he never actually got the permit, so that's why we're back.
Um, this is at Marshall and Shunk Street, and here's the deed going back to, I believe, like, uh, 1987. Um, here are the plans. There's two units. They're one bedroom each. This was the decision from February 3rd, 2021.
one uh we're not seeking to do any changes to either the outside or inside of the property
it's a corner property between the blocks of sixth and seventh street
there's some of the photos it does have multiple meters gas electric which were there for
a long time here's some inside photos of the property the zoning the notice of the appeal
was posted and then we did send in a supplemental photo because it wasn't exactly clear from that
tax clearance is here and we did go before whitman council and they did support the project
and we did attach the notices there's several um notice documents after that but that was
basically the cover of it um i believe my client is on the call um but how many years has it been
a duplex council several uh at least i would say at least 10 to 15 maybe more i mean he was out
When he first bought the property, he was operating on the first floor.
He had a cement business and a plumbing business there.
You want two residential there?
Is that what you're saying?
Yeah, that's what's been there going on for a very long period of time.
Why don't you bring your client on?
Mr. Liuzzi, do you want to join as a panelist when you're asked, please?
Thank you.
Mark is declining the promotion.
Mark, can you accept the promotion, please?
He has declined again.
I know he's been on before, so he's hitting the wrong button.
Mr. Liuzzi, please accept and come on.
I'm going to promote it again right now.
Thank you.
Sorry for the delay.
Yeah, he has once again declined.
Counsel will accept your testimony.
See if you can, questions from the board.
He just texted me, said it wasn't working, but maybe he's having a technical issue.
sorry about that inconvenience yes could you just uh describe to me i see three doors
right and so for the property so could you just describe which door goes to which um entrance
yes um so there's the garage there the back door maybe i can get a better picture yes so the back
door should be for the well my client would know that better than me i believe the back goes up
and the front is for the first part
so that's the third one i didn't even count the garage doors oh i'm sorry
believe the one is for the garage but i'm not exactly sure i'm trying to get a better photo of
that I'm sorry okay so are the do you know if the two units on the two doors
on the side but is that the two entry ways to the units I guess the back
doors he just clarified to me is for storage so that door there that is
storage area and then there's the other two front doors which go to the units
in that photo so is that storage for both units yes storage for the whole
building to be used for the whole build and where would trash be stored is that
where trash is in each unit there I believe there should be receptacles
there in inside the unit is where they've been stored and I'm going to
clarify because he is able to get back to me
so the zoning board approved this in 21 and he never picked up the permit is that correct
yes do we do we have interior pictures yes okay thank you second floor has a trash
deck and i believe the first would be inside so i'll get to the interior photos
this is one
kitchen
those are the interior photos provide is that the first floor unit
yes this one was the first floor and is it one bedroom two bedroom
what how many bedrooms each unit has one bedroom okay and a full bath yes okay
all the questions do you have a floor plan
can be plans attached
so this was our floor plan okay
make it just a little bigger sure okay
i'm wanting the best of your ability council could you go through it
yes so there's the basement there to the left and then you have the uh first floor
uh the back is the storage area um i know it's hard to read and i wish my client can get on he
I know it's hard to read, and I wish my client can get on.
He just asked me if he can unmute.
He just asked me if he can unmute.
I was expecting him to go through it.
In the front, there's the kitchen.
And then there is the, I believe, the bathroom and living room.
Oh, I'm sorry.
The living room is at the entrance.
And the center would be the bathroom and bedroom, as I understand it.
And I think that's for the first.
and then the second floor is from the back there's a deck there where he where there's trash for the
second unit and then there is the kitchen bathroom living space and bedroom
any other questions
questions from our attorney i would just note um not necessarily a question but when the uh
the board before granted it that there was a proviso that there was a maximum two dwelling units
questions or comments from the virtual audience for the present audience here
I see no hands planning commission
Johnson Goins planning commission staff the comprehensive plan recommends no change to the
existing RSA 5 residential single family zoning at this location the property has a documented
historical use as a multi-unit building therefore the city planning commission recommends the board
grant the requested variance mi 2025 006 990 2601 south marshall street i vote yes with proviso
maximum two resident resident residential units michael johns my vote is yes with proviso
cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso ryan mcadams my
yes with proviso my vote is yes with proviso thank you thank you very much have a good day
number
number 11 mi 2025 006 633 1246 to 54 south 11 street adam
labor is the attorney mr labor could you please state your name and spell it for the stenographer
Good morning, Mr. Chairman and members of the board. Adam Laver, along with my colleague Eric Bodzin of Blank Rome, on behalf of Palner Group, LLC, owner of the subject property.
And I noticed there's a letter of support from Point Free's Civic Association, a letter of support from Maxwell Freeling, who lives on the block, and there's a lengthy letter of opposition from John Robinson.
Our vice chair has a few questions.
Certainly.
Good morning. Have you submitted your documents and exhibits five days in advance of this hearing?
Good morning, Madam Vice Chairman. Yes, we have.
okay and do you waive the reading of the refusals and stipulate to their accuracy
yes with the acknowledgement that we are working with council for the zoning board of adjustment
concerning a amendment to the refusal which we'll discuss in due course all right thank you you can
share your screen and proceed with the case thank you very much
there we go i'd also like to state at the outset mr chairman and members of the board
that we have just received this morning four additional support letters from near neighbors
which have been submitted to ZBA executive director added to the file and possibly during
this hearing we may be able to provide you with the physical copies that are with your
professional team right now in the back room. Thank you. With us today also on behalf of the
development team are Vitaly Polyachenko, Gene Nearest, and Isaac Singleton along
Along they're they're here in the actual hearing room virtually we have Rustin Oller of Harman Deutsch Oller Architects, and in the hearing room is Benjamin Cromey of the American Institute of Certified Planners, currently managing partner of CH planning and an expert who has appeared before this board previously.
they're they're here in the actual hearing room
But the most important people in the room, or among the most important people in the room, are those from the Point Breeze Community Civic and Business Leadership, Al Littlepage and Claudio Sherrod.
uh and there are others who are present we believe virtually as well the presence of a
vested a vested community leaders truly speaks to the collaborative proposal that we are excited to
share with you today that we're proud to share with you today the plans that we're presenting
reflect input of stakeholder interests and feedback making this a better project which we
believe is the best way to make projects happen in our city beyond the specific provisions however
of the zoning code that we'll delve into shortly a real issue here before the board is a neighborhood's
vision for their own future a shared vision of those who have been a part of the community
often for generations through good times and not so good times those who have earned through
endurance tenure and grit the right to have a voice in shaping the future of point breeze
who proudly called point breeze home when others passed by it quite frankly members of the board
before the influx of more recent neighbors these are the individuals who have weathered the storms
of yesteryear and uh have been our partners in many ways in in the project that we share with
you today it's one that comes to you with input uh of these folks i have on the screen before you