ZBA Hearing - October 12, 2022

Interpreter, thank you so much.

And this case will be continued and we'll be in touch when the next hearing is.

Okay?

Perfect.

Thank you, Judge.

Thank you.

Thank you very much.

Have a beautiful day.

Pass it with you.

Okay.

Case number two.

MI 2022-001-396-5813.

East Worcester Street.

Vern Anastasia is the attorney.

No RCO

letter as of yet.

We're going to put the case on

and then at the end we'll talk about

we're going to have a

we'll resume the hearing

for RCO testimony, etc.

So Mr. Anastasia.

Thank you, Mr. Chair.

All right. Will you state your name and spell for the court reporter, please?

Yes, sir. Vern V, like Victor, E-R-N. Last name A-N-A-S-T-A-S-I-O.

Right. Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

I do.

Could you identify your client, the relationship to the property?

Yeah. My client is Ms. Nikita Peterson, who's the owner of the property.

All right. Our board secretary has a few questions.

Our board secretary has a few questions.

Good afternoon, counsel.

I don't know, counsel.

Good afternoon.

Do you agree to waive the reading of the refusal and stipulation of equity?

I do.

Do you know all the exhibits and documents as required, such as proof of ownership,

expense, copy of refusal or referral,

the case for drawings of the property, five days in advance of this hearing?

And did you meet the RCO, and do you have a letter?

All but the letter.

I'm asking that the board today hold its vote until they receive the letter from the RCO.

Please proceed and I'll show you the screen.

Thank you.

I'm sharing.

Can you see my screen, by the way?

We can.

We're fine.

Great.

Thank you.

Just give me one moment here.

I'm going to move my toolbar.

Okay, wonderful.

This is an application for 5813 East Worcester Street.

It's a corner property in a neighborhood. My client would like to make this an office building for all intents and purposes, six individual offices in the neighborhood of 58th and East Worcester, realizing that more people are working from home in the area.

However, they don't have space in their homes to actually have working, you know, a working office.

So this would be meeting a need that she has already connected with with other folks who live in the neighborhood who would like to have some kind of office space that's in the neighborhood, but not necessarily in their home because of space limitations.

The property is zoned RSA 5, however, there's a very, very long history of commercial use, commercial mixed use, and it is on a corner, which is right here, and it would be consistent with the use of the corner property right down the block, CMX 1.

As you all know, administrative offices would, in fact, be consistent with the code if this were zoned as its neighboring corner at CMX1.

I'll take you through the plans briefly, the layout.

We've got an empty basement where there's nothing but mechanicals.

We've got two offices here, one, two, three, four more, and then two, and then some storage.

Here's the interior layout.

And here's some photos.

proof of posting on the property both front and rear and the history of the property as you can

see when it wasn't vacant it was always commercial mixed use either two or one

apartments a storefront as well going all the way back to I believe the 60s

I have the history here as well for you.

We have, in fact, met with the community or did some mailings for the community.

We had some issues with the actual, you know, technically meeting with everyone.

There is a proof of no taxes owed, although the new system is difficult and we were not able to get a clear tax cert.

but this does show the equivalent that there are no taxes owed on the property.

There's one of the flyers that went out, second and third.

Charles Richardson from District Council person, Cindy Bass,

did in fact ask that we do a hear and hold for one more meeting.

We, of course, would be happy to do that.

There's a copy of the deed.

And with that, because it's on a corner, because the uses that we are suggesting or proposing

are consistent with CMX1, which is on the corner right down the street, because of its

history as the mixed use, we respectfully request the granting of the variance.

With that, I'd like to have Nakia Peterson raise her virtual hand so I can get her on

the record if it's okay.

i'm not showing any hands up at this time okay so you're an officer of the court

we will we will gladly take your testimony i appreciate that thank you questions from the

board no mr chairman no questions or comments from the virtual audience

chair we have charles richardson okay

chair we have charles richardson okay

good afternoon how are you state your name and spell it please yes sir charles richardson r-i-c-h-a-r-d-s-o-n

office of councilwoman cindy bass room 312 city hall you swear for him to tell the truth the whole

truth nothing but the truth i do proceed i was just calling to in to confirm that we did

request that Mr. Anastasio and his client come back for another RCO meeting in order to get

the opinion of the community and that way we'll be able to the RCOs will be able to have their

letters and then the councilman will be able to make her assessment based upon that Vern has

agreed and we're very happy about that all right thank you sir we appreciate it anyone else in the

virtual audience. I see no hands, Chair. Planning Commission. Good afternoon, Chair. Peter Bernard for the Planning Commission. In 2019, the zoning map was amended at this location from CMX to RSA 5 in order to consolidate commercial activity away from Worcester Avenue. The proposed use is consistent with the existing physical configuration of the building and does not include retail activity. Accordingly, the Planning Commission recommends the

board grant the variance. Thank you. This matter will be resumed on Wednesday, October 26th at 2

p.m. for input from coordinating slash affected RCOs, the district council office, members of

the community who wish to testify, along with a response from counsel for the applicant, if

desired. The record is otherwise closed. Thank you. Thank you, Mr. Chair. It will be 3 30 on

to 26 is that right it says 2 p.m but no it will be it will be 2 p.m because it will be an add-on

very good thank you thank you all thank you thank you is there anyone in the virtual audience whose

case has not been called i see no hands here um we're done before 4 p.m thank you everyone thanks

thank you all

have a good night everyone

thanks everyone

have a good night

good night

good night

see you guys