ZBA Hearing - July 9, 2025

questions or comments from our planning commission

amy wood with the planning commission the comprehensive plan recommends no change the

rsa 5 residential single family at this location the proposed dimensions and opacity of the balcony

and fence are existing but the parking is not there are no unique physical conditions or

circumstances that would prevent it from being used in strict conformity with the zoning code

The Planning Commission recommends that the board deny the proposed variances for balcony dimensions, bench dimensions, and opacity, off-street parking, and stall dimensions.

We're going to hold this until next Wednesday. I'll vote on this next. We will vote on this next Wednesday at 2 p.m.

2 p.m.

We'll take it to executive session in the morning. We'll vote on 2 p.m.

Thank you, Mr. Chair.

Okay, thank you.

All right.

Thank you.

MI 2024-001895, 1200 Alcott Street, John Pierre.

Yes, speaking.

Sir, would you start your presentation?

Good evening.

My name is John Pierre, owner of 1200 Alcott Street.

I would like to use my property for professional barbershop variants, because when I bought it in 2022, there were a barbershop already in the building.

And I went to CityWall to open the barbershop on my name.

That's when I was aware of it wasn't zoning.

and then I start the process.

So, Mr. Pierre, before we start,

do you have proof of posting?

Were you posting?

Yes.

Yes, I can share.

I already share the link.

Okay.

Everything is on the window.

Okay.

Mr. Chair, just...

I don't know for what reason.

Mr. Chair, I just want to note...

Excuse me. I just want to note a couple of things. One, that this application is for use as personal services and that personal services are prohibited in the RSA 5 zoning district.

There is a letter of support with provisos from the 35th Ward Democratic Executive Committee and their letter of support from Council Member Phillips.

Okay.

Why don't you show us the inside what it looks like?

yes

I'm going to show you

that's the first

restroom I got there

right

and

that's the inside

that's the inside view

Another one, that's from the inside the picture that I take looking at the outside.

that's the exit door

on the back

How many chairs are you going to have there?

I'm going to have five chairs there.

Okay.

You're only going to be on one floor, right?

you're only going to be on one floor right the barbershop

The barbershop's only on that ground level, right?

Yes, the ground level I'm using.

Okay.

Because it was already exist and the previous owner didn't have legal paper for it.

And then, you know, I'm trying to do it legal and then I present myself to get the variance.

Right.

have you seen what the uh rco's requestion that you close by eight o'clock every night

no outdoor activities permitted yes uh um we we met with uh i met with uh the rco member that

was uh august 19 6 30 and then all the question was answered and then everybody was on the same

page, and then they were

satisfied with

all the answers, and

that's why we grant the

letter.

Okay.

Questions from the board?

You said that the barbershop already existed

when you purchased the building.

Is this the existing condition

layout, or are you doing

any construction

in fit-out?

Not having any construction, we were just the outside the window was a little bit crack with a window, two windows outside. And then we use a contractor to do it to make it fit. Perfect.

Okay.

Any other questions?

Just a couple of comments. I think nothing to do with zoning.

But I see a lot of cracks on your wall.

And I noticed that the window next to the entry door that you're planning to use looks wider than probably what is the lintel above the steel lintel that's above that opening.

So you've got you've got a number of cracks that are going on.

You probably need to have an engineer look at your walls because something happens, something something's happening.

Nothing to do with zoning, but I see it. So I just wanted to mention it to you.

So you got a number of cracks there. You've got a number of cracks.

An engineer should probably look at your walls.

You got a number of cracks.

I had an engineer that was looking at it that had the plan and everything

to submit. He didn't have any concern

with them.

Okay. I'm just telling you, you got a lot of cracks.

But nothing to do with zoning, just an observation.

OK.

Question, other questions from the board.

I'm sorry, did we see the proof of posting and did we?

Yes, in the windows. OK.

And did we see exterior photos?

That was the shot that he came with outside from the, he didn't have, Hillary didn't have it. He showed us the shots he had outside of the front of the building.

Okay.

So what about, is this a?

That's correct.

Is this like a row house?

Yeah, show the front of the building of the barbershop.

Okay. It's a row house that has that like first floor basement level garage type thing.

You'll see. It's like at the end of the street. Like that.

So did the neighbors, did the neighbors on the other side?

We didn't have any opposition when we had the meeting.

But have you thought to the neighbor, do they have a problem with this commercial use? And are there other commercial uses on this block?

There's other commercial use on this area. And all the letter was submitted to all the community. And then we didn't have anybody opposition on this.

okay other questions our attorney hillary emerson just a couple of things um so um first um mr pierre

the the photos of there were several photos that you showed the board that were not submitted so

I ask that you just please submit those

for the record by the end of the day

tomorrow

I'm also noting that the refusal appeared to be missing or fusible refusal for multiple principal uses, as it appears as a both a residence and the barbershop proposed to be located at this site.

also noting that the

refusal appeared to be missing a refusal

In terms of the provisos suggested by the RCO, I think the one that is enforceable is that, you know, the business will close by 8 p.m., hours of operation close by 8 p.m.

Then no outdoor activity permitted. I'm not clear what that's referring to, but any outdoor activity I think would be on would be on the public right of way.

So that would involve other sort of approvals and things. So I think that's the main one.

And then I think based on the testimony that the intent here is to have this use on the ground floor.

So, I would recommend a proviso to the board if they approve limiting the use to the ground floor.

Hilary, how about the dual use?

I mean, does he have to get an amended refusal?

No, I was just noting it for the record by if we grant it, then that variance will be granted as well.

What was that again about the ground floor?

Say it again.

Is the use limited to ground floor?

Okay.

i know the plans indicate first second third floor but i think typically

these like kind of above grade basements essentially l and i refers to as ground floors

not first floors

questions or comments from the virtual audience

you're not seeing any hands mr chair planning commission

Amy Boyd with the Planning Commission. The comprehensive plan recommends no change to the RSA-5 residential single-family zoning at this location. There is no documented history of legal use as a barbershop, although this use is apparent from 2017 imaging. The City Planning Commission recommends that the Board deny the request of variance for personal services.

um my 2024 001895 1200 alcott street i vote yes with provisos barbershop to close no later than 8

p.m uh ground floor level only thing in in in the use michael johnson my vote is yes with provisos

my vote is no

my vote is yes with proviso

my vote is yes with proviso

my vote is yes with proviso

thank you everybody

is there anyone in the virtual audience whose case has not been called

I do not see any hands Mr. Chair

thanks everybody

next Tuesday. Is that when we're coming back

Tuesday next week? That's correct, Sheriff.

All right. We'll come back next Tuesday.

Ryan, this is your first

real day, right?

Yeah, you guys. I didn't count all

those 198 ones

that we put through. You guys

taught me a lesson today.

We're glad you're here. Still here.

I'm still here.

All right, everybody.

See everybody next Tuesday. Thank you.

Good night, everyone.

By the way, a lot of people get through this today.

Yes, no problem.

Thank you.

Good night, everyone.

Good night.

Good night.