Thank you.
okay thank you good morning everyone my name is bill bergman and i will be chairing this morning's
zba board of adjustment hearing with me is our board secretary cheryl l gaston
president mr chairman our board member michael johns
he's here our board member taya win
okay i know she's here too present mr chairman oh yep there she is and our board member ryan
mcadams present mr chairman so present is our board attorney hillary emerson our zoning board
director ian haggerty and our board administrator lakeisha dandy recording of this hearing will be
post on the zba website by participating you consent to be recorded this is an in-person
meeting with remote capabilities whether remote or in person if you're called to speak you must state
and spell your name and then wait to be sworn in once you've been sworn in please state your name
each time before beginning your testimony any person may enter their appearance there are three
ways you can identify the case property address on your zoo webinar you can see a staff member or
can call the gba appearance line by the close of business tomorrow call 267-270-5548 leave a
message that includes your email address and the address of the property of the appeal
the following guide guide guidance is for our remote attendees when directed you must raise
your virtual hand in order to be recognized to speak if you're called to testify you'll
be prompted to join as a panelist. Please accept the request and turn on your camera.
The webinar Q&A is for questions about the hearing. Do not comment on cases in the Q&A.
And finally, if you're participating by phone, press star nine to raise your hand and star six
to unmute. For our in-person attendees, please refrain from talking, eating, or drinking during
the hearings. Verbal and physical aggression will not be tolerated. Restrooms are across
and the elevators. A water fountain is just outside the room to the right. When speaking on
the record, you must speak directly into the microphone in order to be heard by all attendees
and the court reporter. In the event of an emergency, please follow the directions given
over the public address system or by the staff. The main exit is through the double doors at the
rear. The nearest stairwell is to the left of the doors. In case of an evacuation, the rally point
is love park directly across hard street please re please remain there so that we can account for you
just hold on one minute
Okay, so let's look at our schedule for today.
3. MI 2024-005-361-2512-32 Island Avenue. This case is continued. Attorney moving party.
Number four, MI 2024-007-406-5907 Erdrich Street.
This case is continued until 4-15-26 at 9.30.
Number five, MI 2024-007-418-1512 Cambridge Street.
This case is continued until 4-15-26 at 9.30.
And number six, MI-2025, 0-0-0-0-2-4, 1925 West Summer Street, Somerset Street.
This case is continued to 4-15-26.
8. MI-2025-002-138-1904 Diamond Street. This case is continued until 4-15-26 at 9-30.
Number eight, MI-
and number 13 mi 2025 002 178 311 and a half east godfrey avenue this case is continuing until
4 15 26 are there any requests for continuous any additional requests for continuance
Good morning, Mr. Chair. This is Jason Hand. That will be your calls for the session. We have two hands up right now. The first one is from Mr. Vern Anastasio. I will allow them to speak.
Good morning, Counsel.
Good morning, Mr. Chair.
Mike, could you please state your name and spell for the stenographer?
Yes, sir. Vern Anastasio. A-N-A-S-T-A-S-I-O. On behalf of Mr. Besso Campela.
Okay, so could you give us an update, please?
Yes, 1653 South 23rd.
I was prepared to present today.
Fifteen minutes ago, I received the letter from the RCO and their position.
In the letter, they state that they would like to meet again with some revisions on the plan.
As such, if I went ahead with a hear and hold, it's likely that the plans I present at a subsequent meeting would be different than the ones I show you today.
As such, I'm going to ask for a continuance here.
All right.
So MI 2025-002-161-1653 South 23rd Street.
This case is continued until 4-15-26.
Thank you for calling, counsel.
Thank you.
Do we have another hand?
Yes, Chair.
I have a hand up from some folks.
I will allow them to speak.
Good morning, Sharon.
I do, sir, thank you.
What case?
I believe the address is 5423 Oxford Avenue.
Or that 5243 Oxford Avenue.
Could you give us an update on that case?
I'm sorry.
Hello?
Sloan, could you give us an update?
What's your comment on this case?
The applicants reached out to our office.
They will be meeting with the RCO as of November 15th.
They weren't prepared to meet with the RCO prior to their ZBA hearing.
I hope someone, and I'm not exactly sure whether the appellant is on the line, but they won't be having their meeting with the RCO until the 15th.
So they won't be prepared to meet with the ZBA until after that.
All right. So let me see who's on the line.
Anyone representing 5423 Oxford Avenue, LLC?
5423 Oxford Avenue, LLC?
And that name would be Matthew Benneby.
Matthew Bentley, please.
Benneby. I'm sorry.
Mr. Folks, do you know if Mr. Benneby is an attorney?
um because the property is owned by an llc he's he's a property owner okay he's the elite property
owner yes okay so i so i believe he would need to if you it doesn't appear that he's here um
if you could communicate to him um that since it appears the property is owned in the name of an
llc he will need to be represented by council at the zoning board hearing he does understand that
we did put that in writing, ma'am. Okay, excellent. Thank you so much. So MI 2025 002 271 5243
Oxford Avenue. This case is continued to 4 15 26 at 9 30 a.m. Thank you. Thank you very much. Any
anyone else with their hand up? No chair, don't see any further hands right now. And number 12
MI 2025-002-165-2815 North 2nd Street.
Isaac Rivera is the listed owner.
No exhibits.
First listing.
Chair, I do not see any hands, and I do not see the person in question.
Chair, I do not see any hands, and I do not see the person in question in the virtual audience this morning.
And, Mr. Chair, I just want to note, for the record, the coordinating RCO did email us last month to advise that they had not been contacted by the applicant.
Thank you. So, this is still the first listing. We have no exhibits.
So MI-2025-002-165-2815 North 2nd Street, that case is continued until 4-15-26.
Mark must be heard.
We want to go to our add-on list.
MI-2024-007-317-254 South 11th Street.
I vote yes. Temporary variance that expires 10, 16, 27, and proviso, second and third floor only.
Michael Johns, my vote is yes, with proviso.
Cheryl Gaston, my vote is yes, with proviso.
Ryan McAdams, my vote is yes with provisos.
Iowa, my vote is yes with provisos.
Number two, MI 2024, 006-028-429-North 53rd Street, I vote no.
Michael Johns, my vote is no.
Cheryl Gaston, my vote is no.
Iowa, my vote is no.
number 15 will be our first going to our regular list mi2025 002 443 537
sanger street i believe that we have a uh interpreter for that this case
yeah spanish interpreter has been promoted to panelist they should be coming back in shortly
Thank you.
Good morning, Your Honor.
Good morning.
Could you please state your name and spell for the stenographer?
Yes, sir.
My name is Leonel, spelled as in L-E-O-N-E-L, last name Gillen, spelled as in G-U-I-L-L-E-N.
Do you solemnly swear or affirm that you will interpret accurately, completely, and impartially
from English to Spanish
and from Spanish to English
to the best of your ability.
I swear.
Could you please call
Angelica Figorio?
Está la señorita
Angelica Figorio.
Figueroa, perdón.
Could you ask her to state her name
and spell for the stenographer?
Puede deletrear su nombre
y puede decir su nombre
y deletrearlo para el stenógrafo,
por favor.
and then do you swear or affirm to tell the truth the whole truth nothing but the truth
yes and i'm going to say this slow interpret i'll do it a sense at a time
This application is for use as retail sales of food, beverages, and groceries.
Muy bien. Entonces, esta aplicación es para poder vender comida al por menor, alimentos, bebidas, y otros artículos.
Convenience store serving hot food.
Y dentro de la tienda vender comida caliente.
on the first floor of an existing structure
with a single family household living above.
En una, en una estructura,
en una casa, en una estructura,
en el primer piso de esa estructura,
que es una casa de uso de una familia, ¿correcto?
Whereas to propose use retail sales of food.
Y el uso propuesto es para venta al por menor de comida.
Beverages and groceries is prohibited in the RSA 5 zoning district.
Y ahora, la venta de comida al por menor, bebidas y otros artículos es prohibido según la regla de la zonificación de RSA.
No más de un uso se permite por lote.
No más de un uso se permite por lote, de acuerdo a la zonificación.
Nuestra secretaria de la Junta, Cheryl Gaston, tiene solo unas cuantas preguntas.
Good morning, Ms. Figueroa.
Buenos días, señorita Figueroa.
Buenos días.
Good morning.
Did you submit your documents to the Zoning Board five days in advance of this hearing?
Usted logró ingresar sus documentaciones para esta Junta cinco días antes de la fecha establecida?
And you can proceed and share your screen.
Puede proceder y compartir su pantalla.
can you see it uh we do not see the screen yet okay
okay it's coming up now it's coming up no let us see okay um can we specify what exactly
are we showing you so so so listen listen um oh she has to testify and that's why we have an
interpreter so you you cannot help her testify okay all right that's why our interpreters here
and he will gladly do anything you ask i'm sorry that's okay all right so we we we don't really
Ahorita, en ese momento, no vemos la pantalla, solo vemos como de nuevo lo de Zoom.
you may need to click on a document and then hit share screen like have a certain document open
and then go and share screen and then select that document. Le puede dar click a uno de los
documentos después le haga de luego después de eso presiona compartir pantalla y pone
Específicamente ese documento
Tell her she can move on because we have that document.
We have it.
we have that
so number one
when i think it'd be worthwhile
if she were to say look this is what i'm trying to do
so so everybody understands
so why don't you ask her
please explain what she wants to do
Muy bien, básicamente lo que queremos es que usted nos diga en este momento
qué es exactamente lo que usted quiere hacer.