ZBA Hearing - August 2, 2023

and because my client had a reliant interest uh when checking with lni again it could never be

marked compliant without an inspection first and it was marked uh and to convert this property back

to a uh anything but what it is would be just uh

to a uh anything but what it is would be just uh lay the property to waste as i said he was just

Oh.

under half a million dollars that he purchased the property for let's look here in 1976 as far

back as then the property was a vacant store and three apartments and then they were able to get a

permit for an amusement center that was basically pinballs back then there wasn't too many uh

video games in 76 but there were pinballs and there were pool tables on the first floor and

three apartments above so if you look at it the use of it historically what we're proposing is

actually a step down from that um with just three nice size top top you know top end um

living units. We did meet with the RCO, 144 individual households were mailed.

We did not, we were sort of, there were some concerns. We were trying to reach through a CBA

settlement agreement. That still may be in the works, but they have not come down definitively

on it aside from that the um the fact that my client relied on the lni compliance uh which had

to happen pursuant to an inspection and the fact that there is you know demonstrably no uh commercial

activity on this otherwise cmx block i respectfully request the granting of the variance

and with that i'll ask my client to raise his virtual hand if that's okay mr chair yeah please

Mahmoud, please raise your hand.

There, Mahmoud Yagnam has been allowed to speak.

Sir, could you state your name, please, and spell for the court stenographer?

Hi, my name is Mahmoud Yagnam, M-A-H-M-O-U-D, last name Y-A-G-H-N-A-M.

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Yes.

Proceed, counsel.

Thank you, Mr. Chair.

Mahmoud, did you hear my presentation to the board this afternoon?

Yes.

Is it true and accurate to the best of your knowledge?

Yes.

And do you adopt it as your own testimony?

Yes.

Thank you.

Questions from the board?

No, Chair.

No, Mr. Chairman.

No, Chair.

Questions or comments from the virtual audience?

There, I see no hands at this time.

Planning Commission, this is Ron Bednar, City Planning.

While this property is currently indicated for neighborhood commercial mixed use on the city plan, in the physical circumstances of the site, we recommend that the question variance be granted, provided maximum two dwelling units only.

I don't know what to do with the third one. Sorry, Mr. Chair.

He bought three.

Hillary, we don't have an RCO letter, am I right?

That is correct, Mr. Chair.

So why don't we close this and just wait for the RCO letter, and then we'll vote.

And we'll give it a period of time.

If we don't get one, then we'll vote anyway.

Good idea.

Yeah, Mr. Chair, I was going to suggest two weeks.

That's fine with me.

Yeah, so we'll vote this August 16th at 2 p.m.

And the record is closed except for the RCO letter.

and any response from Mr. Anastasio if necessary. Thank you, Ms. Emerson. Okay. Thank you. Thank you.

We're going to vote on at 2 o'clock or at 3.30? I'm just putting on my notes.

2 o'clock. We usually vote 2. All right. That's great. Thank you. Is there anyone

in the virtual audience whose case has not been called on the 3.30 list?

i see no hands at this time chair okay thanks everyone we've done a little bit early today

we don't usually get done this early thank you all this is the earliest ever i just wanted to

say thank you all team zba you guys are amazing and chair and board members thank you for a

wonderful night all right thank you all right bye take care good night good night good night all

Thank you.

You

Thank you.