ZBA Hearing - May 17, 2023

Again, the board granted reconsideration on its own grounds primarily because, again, a determination was made that the neighbors and the community did not get an adequate chance to express their concerns.

As far as the incident that took place over Mother's Day, that was presented for the purpose of indicating that the neighbor's concerns about safety and nighttime activities at the location are founded.

And again, somebody could have gone back and, you know, if you want, you can keep the record open.

I can go back and get CAD reports for the neighborhood going back several years prior to the zoning board that could have been presented and that the neighbors didn't have an opportunity to present.

So, again, the incident, it's not a new thing.

As far as new evidence, and again, we don't believe that the zoning board is restricted to simply new or evidence that, you know, should have, I mean, courts remand cases all the time to take in new evidence.

So, and with respect to this, we don't believe that the board was made aware of the fact of the numbers of people on the petition in favor of the project being so far away.

And you can simply, we would simply ask the board to re-examine the petitions and you can take judicial notice of where the addresses are in relation to the subject property.

so and again we think that's that's fairly self-evident um but again and i i do want to

say in terms of things that the board can take judicial notice of what the permitted uses are

in cmx1 uh you can have adult care family child care group child care library religious assembly

safety services transit station building uh antennas you could have uh the board knows that

these are all the things that the applicant did not explore he mentioned a bodega okay they don't

want to have a bodega did they explore business and professional offices sole practitioner group

practitioner government office well that's not going to happen building supplies and equipment

consumer goods uh food beverage pet supplies all these things were ignored mr chair the zoning

to go the zoning board no they can't hear you again i'm sorry i was muted because i was speaking

over mr reuter and my apologies the zoning board knows the code there's absolutely zero new evidence

zero new testimony do you have anything new here there's nothing burn burn please

Leonard, do you have anything else?

No.

Hillary, should we open up for public testimony?

I actually don't think that we need to at this point because we have taken particular.

Do we need the planning commission to make another comment?

We can ask the planning commission if they have another comment, but I think given that the scope of the hearing was limited to people who hadn't previously testified,

and we ask for lists in advance.

We do not need to take public testimony.

And I can just state again, as I did,

that the Planning Commission recommendation

hasn't changed.

There's nothing to add to that.

Again, no new testimony here today.

Okay. All right.

So obviously, we've heard a lot today.

So we're going to take this to executive session next week.

And Hillary, will you do this at the 2 o'clock meeting?

The add-on?

Yes, Mr. Chair.

We'll do this 2 o'clock next Wednesday, and we'll vote in public, okay?

And thank both of you for your comments.

Thank you, Mr. Chair.

Is there anyone in the audience whose 330 case has not been called?

I see no handshake.

Thank you, everybody.

Thank you.

We don't usually go this late, but I do appreciate everybody.

Thank you. I just appreciate everybody hanging around.

Thank you.