though there's a refrigerator a microwave and everything downstairs I live on top so everything
will be cooked and brought downstairs. I meant more so from the outside of the exterior of the
building because you're you're at an alley and so it's not a corner but it is an alley so what's
What's the plan for how the children are getting to your facility?
I'm assuming some are going to be coming by car.
So we don't have, like, pickup drop-off, if that's what you're asking.
But parents, they can, if they come on the bus, if you come through car.
um the way the house is set up the alley is it is like once you come out it is directly
like right across so this is like the alley right there and then it's right across from
the daycare i don't want to say not across the street it's next to the daycare
yeah not across the street it's like next to the daycare so yeah okay and meals
are they being dropped off are they being prepared on site oh no i'll be preparing so i live i live
upstairs so i'll cook all of those and they'll be brought downstairs so you're cooking all of
the meals off site is that allowed first the state regulations yes so because it's a group daycare
um i went through this with the health department as well because it's a group daycare
and I also have
what is it called
oh my goodness now I can't think of it
it's what you cook food in I'm so sorry it's not
a microwave it's
oh my goodness I can't
think of it right now but it's
also able to be food is able
to be cooked in there as well and it's inside the daycare
okay and using the
kitchenette area that you showed
in the video?
Is it using that kitchenette area that you showed in the video?
And I guess all play is
happening inside.
Because you've got space put into the tomb room.
I have no further questions.
My last question is, is there a basement?
There is a basement which
will not be occupied.
And it won't be used by the daycare for storage
or anything like that? No.
Okay, thank you. You're welcome.
Questions or comments from our attorney?
Not at this time, Mr. Chair.
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
Questions or comments from the...
Chair, we have Charles Richardson.
He'll be coming back in as a panelist shortly.
Good morning, Mr. Chair and board.
I just want to note, I don't think you've ever missed a day.
Could you please state your name and spell for the stenographer?
Certainly.
Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass, room 508 City Hall.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, sir.
I have on the phone here Sharon Carter, who is the chair of the Oakland Worcester RCO.
And I was informed by her that Ms. Johnson was supposed to be requesting a continuance today, not trying to go forward with the case, because no one showed up.
And she had informed her of that fact, that she needed to request a continuance.
So what we're going to be requesting is, since this is going forward, that it be a hear and hold, and that they have another meeting.
And, you know, we're attempt at a meeting because from my understanding, Ms. Johnson said, well, what if nobody shows up at the second meeting?
And, you know, and, you know, it was going to be tackled at that point in time.
But, you know, she's moved forward without, you know, against the request of the RCO.
Can I say something?
That was never clearly communicated with me.
we yes we did discuss it me and miss sharon um she told me exactly what she said but she also
said that i could continue with the meeting i even emailed her and text her asked her if she
could send over the meeting summary to me so that i can move forward with the meeting there would
have been no meeting summary if there if it was going to request for a continuance miss johnson
that's what the confusion is because she told me she would send it i have sharon on the if she can
speak to this. She's on the phone. I don't know if you guys are going to be able to hear
exactly. Sharon, can you be sworn in?
Yes. Good morning. Sharon, could you please
state your name and spell for the stenographer?
Yes. My name is Sharon
Milburn, M-I-L-B-U-R-N
Carter, C-A-R-T-E-R
and I'm the chairman of the...
All right, do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
All right, so what happened at the hearing?
At the hearing, there were only Ms. Samaj and myself
and I waited for almost a half an hour.
When I explained to her, I asked her about the plans
and she said that she didn't have the plans
and she explained it to me.
what she had to do, and she asked me, she said, what happens if nobody comes on?
I said, you would have to ask for a continuance for another hearing.
She wanted to know what would happen if we had another hearing and no one showed up.
I said, at that point, it would probably be at the discretion of the board.
okay um so there was no i didn't know our attorneys our attorneys ready to speak
yes so i just wanted to provide a little clarification into what is what is required
in the code the code requires one meeting with notices sent out it does not require
that there be people in attendance at the meeting um if nobody shows up at the meeting
that that happens um but that does not mean that the applicant cannot give their presentation
and does not mean that they have not met their requirements so in this case a mailing was done
a meeting was held members of the community did not show up but from the perspective of the board
and the zoning code the applicant has met their requirements um a second meeting can be requested
but it is not something that is required under the zoning code.
Thank you. Thank you so much.
Well, we're requesting a second meeting.
Okay. Is that something I can object to?
Mr. Richardson, we hear you. Is there anyone else in the virtual audience?
I see no hands, Chair.
Planning and Commission.
thank you chair and good morning David Fecto with the city planning commission
Thank you, Chair, and good morning, David Fecto.
chairman and board members the comprehensive plan recommends no change to the RM1 residential
multi-family zoning at this location the city rezoned this neighborhood in 2019 in accord with
recommendations in the comprehensive plan in February 2025 the appellant received a zoning
permit for a family daycare facility in this building nothing about the property has changed
since then the appellant has not shown that they cannot continue to derive value from the property
by continuing to use this as a family daycare the city planning commission recommends that
the board deny the proposed use variants for group child care okay um i'm going to um i'm
going to hold this and we're going to vote on this on the 29 on 10 29 at 9 30 but um before we vote
i need some more photos like when you say the bathroom we didn't we didn't see what the bathroom
was you tried to explain it and i'd also like some photos of the outside of the place so the
hearing is closed except for the receipt of photos from you of what the property looks like
okay should i email them or how would try to submit them on the um on the upload tool if you
cannot do that then you can email them to the board council email as well as the rco zba email
and um miss johnson the the presentation um in the video that you showed we had not received
those in advance so if you can please submit those um as well so that we have a complete record for
this case that would be appreciated oh do you want like the slideshow yes oh okay okay yeah
i'll send it thank you so this case is closed except for the receipt of photos etc right and
if the and if the um rco and council office would like to submit any information prior to the vote
on the 29th they can do that as well counsel do you hear that i mean mr richardson i don't think
he's no longer promoted good okay thank you i have one question if i can go ahead so the the
family the um the family daycare license i mean yeah the zoning license that i have that one
is no longer accurate i can't use that one for downstairs correct i would have to get approved
for the group you're gonna i think you're gonna have to figure that out yourself we don't want
to give legal advice that would that would be a question for l and i um and probably and maybe the
state in terms of your licensing um but there these proceedings as of right now they're they're
not invalidating a permit that you have obtained by right okay all right i'm sorry the confusion
is just coming in where because i did bring this up to l and i and they told me that is a question
for you guys because it's not zoned as that, that I would need it zoned for the group daycare.
Well, right. No. So, so, so you got a permit for family daycare and you requested more children
than is permitted in the family daycare. So right now you'd only be able to be allowed under the
city zoning to have six children. You're seeking 10 children and that is considered a group child
care which then requires a variance so that's that's what happened so you could you could have
yours you have a zoning permit now that would allow you up to six children but you are asking
for more so you need you're in it that puts you in a different zoning category understood that's
not what i originally wanted i wanted just up to six kids but ellen i told me i had to go through
you guys because it's not it's not a home it's a oh okay i see what you're saying yes right it's
not yes the fam if the family does need to be in your residence and technically this is a separate
unit so that must be why they were looking at it that way yeah that's why i that's why he told me
i have to go through you guys for the for the family daycare well it's supposed to be a group
daycare now because i didn't want up to 10 i mean it would be preferred i guess but um yeah he said
it would have to be the group daycare, and I would have to go through this process.
Got you.
All right.
Thank you.
You're welcome.
So, number seven, MI2025-004-920-10914, Nandina Court, Fern Anastasia was the attorney.
This is a reconsideration hearing.
Fern Anastasia is coming back in as a panelist now.
good morning mr chair good morning council could you please state your name and spell
for the stenographer yeah it's verne anastasio a-n-a-s-t-a-s-i-o on behalf
Yeah, it's Vern Anastasio, A-N-A-S-T-A-S-I-O.
On behalf of my client, Mr. Sherzad Alamov.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
So this is a reconsideration hearing.
The evidence and testimony presented at the June 4, 2025 hearing in this matter are incorporated into the record for this hearing.
The scope of today's reconsideration of hearing will be the presentation of revised plans that were not presented at the original hearing.
So the way we would run the hearing today, Vern, is you do your presentation of supplemental evidence, questions from the board and council, public testimony limited to your supplemental evidence, and then updates from the planning planning.
So could you please start your presentation?
Understood.
This is a single family home. And just to do a brief recap, single family home,
my client hired a contractor to put on a rear addition. It was done unbeknownst to him without
the benefits of building permits. The sole refusal is for open air. What's required is 20 feet.
Because of this addition, we now have a little over 10 feet. And that's the reason for the
refusal, and we were trying to legalize the addition. When we came before the board initially,
it was a standalone addition attached to the prop, the rear of the house, but doing so
eliminated rear access outside from the first floor. And as such, the board thought that that
was an issue and a problem. And I believe after reviewing the transcript, it was the impetus
for denying the appeal i'm going to stop sharing that for a moment i'm going to show you the new
the new design
updated plan right here's the storage area which by the way is just being used for
yard equipment. So this access from the common area office den was not part of the original
proposal. And when we came before you several months ago, that was a major concern that folks
from here could not access the outside by going through the storage area and outside in the event
of an emergency. This was a complete solid wall here. And upon review of the transcript, it seemed
to be the impetus for the board denying the appeal. As such, we have now proposed that we
put a door from the den through that area so that someone can safely have rear egress in the event
of an emergency. That is the only difference in our proposal, but I believe for health and safety
reasons, it was an important one for this board, and as such, we've made the necessary adjustments.
Otherwise, he would have to be forced to tear down that entire addition, and again, it was put up
without the benefit of permits, but unbeknownst to him, and that would be an incredible burden to
carry. Why don't you have your testimony adopted? Mr. Shurzad Alamov, if you could please raise your
virtual hand to be recognized by the board. Thank you. Shurzad Alamov is coming back in as a panelist now.
no sir could you please state your name and spell for the stenographer
first name sherdot s-h-e-r-z-o-d last name olimov o-l-i-m-o-v right counsel
mr olomov did you hear my presentation to the board this morning
yes sir is it true and accurate to the best of your knowledge
And do you adopt it as your own testimony?