there's a window on the side of the house
and she's saying she'll take out the window
and put a doorway there
so there's already two front entrance
this is already separate entrances right
you're keeping the separate entrances
so the first floor unit would go out the side
to use put the trash in the rear
or use the backyard i mean it might make more sense to just provide the where the
the trash is i'm not sure about i think it's not this is not for trash it's for the use of the
backyard for the use of the backyard so i don't know on the record you're saying you're going to
do that uh you're um camille you're under oath um and and you agree that you will during the
construction phase of this of this project. And my
understanding is this is the side, this is the window we're
talking about right here, right? I could work with my
architects to redesign the bathroom layout where that side
where that side door can be usable from the comedy area yeah and just let the record reflect
door can be usable from the common area.
Yeah, and just let the record
and i'm pointing to the floor plans that exhibit okay thank you that's a much better living
condition all right thank you so mi2025 000447 4941 havinford avenue then i vote yes michael john
My vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Tia Nguyen, my vote is yes.
Ishmael Shaheed, my vote is yes.
Number nine, MI2025-000448, 4749 West Highland Avenue,
letter of support from the Chestnut Hill Community Association
with unenforceable proviso.
So there's also a petition of support with 11 signatures, approximately six from that immediate block.
Mr. Nockamson, could you just state your name for the record?
Alan Nockamson.
Right. And can you identify your client and the relationship to this property?
Yes, my client is Highland Avenue Associate, the owner of the property.
And to the left of me is Jim DePetras, one of its members.
Okay, so why don't you start? Well, please follow up.
Counselor, do you agree to either read another refusal or stipulate to his accuracy?
Have you emailed in all the required documents and exhibits as needed to proceed with this case five days in advance of this hearing?
I have.
Thank you, Counselor. Please proceed.
All right, thank you.
All right, so this exhibit packet includes 13 exhibits.
I will first go to the notice of refusal.
So this is an RSA 3 property.
We're looking to have three-family dwelling here.
This property has been a three-family dwelling since 1942, and as the chairman stated, we
do have a letter of support from the coordinating RCO, as well as a petition of nearby neighbors.
As I indicated, this property has an extreme history of three-family dwelling.
They just let the rental license lapse.
And so that's why we have to legalize this.
But you can see there was a rental license here for some time.
And then you can see through the zoning permit that this has been a three-family dwelling since 1942, and through this document as well.
It's also assessed this way as a multifamily structure, as you can see here from this exhibit, regarding the building description.
Maps of the area. We're a corner property, which tends to be multi-unit in nature. We're rather large as well.
Our lot area is 6,733 square feet.
Photographs of the property.
So this is from West Highland Street.
This is how you get into the ground floor unit.
And then this is from Shawnee Street, the intersecting street.
It's not the best picture in the world, but here's the second way to get in.
And that goes to the upper level units, both on the second floor.
Posting photos for today's hearing.
west highland street to the right of the property to the left of the property
shawnee street to the right of the property and to the left of the property interior photos again
this is just a legalization of this three-family dwelling it has been like that for 80 something
years um meters showing obviously multi-meters here again just a legalization of this property
because we let the rental license lapse uh pretty straightforward here this is um let me just make
sure i can't see uh this is that front door you saw in the middle this gets you to unit number
one which is a two bedroom uh one bath you have a living room right here a little i guess secondary
play area dining room and kitchen actually three bedrooms three bedrooms here um as well as
another a bathroom right here this is unit number one there's no living in the basement it's just
mechanicals down there in storage uh instead of going for unit number one you go to units two and
three you go up a flight of steps on shawnee street and then they are mirror images of each
each other they're one bedroom one baths you can see there's windows in each of the living areas
so there's a lot of light in there as well but you got a dining room kitchen living room one bedroom
know no roof deck this is just a legalization meeting notice uh we met on april 15th with
the community i have proof of email of that notice as well as mailing of that notice
i also have the application for appeal that i filed with the zba along with the notice of refusal
and the project information form the deed to the property showing the highland avenue associates
owns the property they've owned it for some time and it's unfortunate they let the rental license
for some time. And it's unfortunate they let the rental license lapse, but they're trying to
slaps, but they're trying to clean that up.
clean that up a little bit. And then finally, the certificate of tax clearance. With that being
said, I'm going to unshare my screen. I'm going to ask that Jim be sworn in and I'll have a few
questions for him. Sir, could you please state your name and spell for the stenographer?
James DePetris. D-E-P-E-T-R-I-S. Do you swear or affirm to tell the truth, the whole truth,
nothing but the truth yes please proceed counsel yeah jim you heard everything i had to state today
about your zoning matter is it true and correct including the fact that this has been a three
family dwelling as long as you have owned it yes and do you adopt that testimony as your own yes
thank you questions from the board yeah how do you manage trash for um the unit the three units
it's it's actually now professionally managed the property so i believe he has commercial
trash pickup there currently so there's is it stored in any other areas outside or inside
right now uh where where is it do you know where the trash is stored
it's stored in the basement okay thank you that's what i thought but i didn't want to say
Are there any questions from the board?
Questions or comments from our attorney?
We did have a question.
Is there
universal access to the basement?
I couldn't tell from the
point.
Does everyone have access
to the basement, all the tenants and occupants?
Do they all have access to the basement?
He said yes.
And then a question
because I know
just looking at the photo you had
it looks like everyone has access
to the rear and the side yard
as well
all tenants
he said yes
questions for our attorney
just briefly are there any parking
spaces at the property
there are not so yes
there should have been another refusal
okay yeah so I just wanted to note that for the record
There should be a refusal for parking. It's included.
Questions or comments from the virtual audience or the present audience here?
Chair, we have Charles Richardson with his hand up.
He's been unmuted and allowed to speak.
Good afternoon, Mr. Richardson.
Good afternoon, Mr. Chair.
It's been a little slow business for you today.
That's not a bad thing.
Would 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.
The Councilwoman is not opposed to granting the variance.
Thank you very much.
Planning Commission.
Good afternoon, Chair.
the the comprehensive plan recommends no change to the existing rsa three single family zoning at
this location this property has a documented history of three-family use the planning commission
recommends the board grant the requested variance for multi-family thank you mi2025 000 448 47 to
49 west highland avenue i vote yes michael johns my vote is yes cheryl gaston my vote is yes
Tanetta Graham, my vote is yes.
Eowyn, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you.
And our last Mr. Nockamson case, MI 2025, this is number 10, MI 2025, 000449517 Bainbridge
Street.
Mr. Nockamson, just for the record, state your name.
Alan Nockamson.
Mr. Nockamson, could you identify your client and their relationship to the property?
Yes, my client is Azam Halak, who's one of the owners of the property.
He's to my left now.
Thank you.
There's support from the Queens Village Neighbors Association with a proviso and also a letter of non-opposition from Council Member Squilla.
Our vice chair has a few words.
Council, do you agree to waive the reading of the refusal or stipulate to Azam?
have you emailed in all the required documents and exhibits that's needed to proceed with this
case five days in advance it is here i have thank you counsel please proceed thank you
here to present 517 bainbridge street this is two building structures one facing bainbridge
another facing cater street as you can see from the illustration
this exhibit packet has 11 exhibits. We'll start with the notice of refusal.
This exhibit packet has 11 exhibits. We'll start with the notice of refusal. So this is a CMX2 property, and as I stated, there's two building structures on here. Building structure A is on Bainbridge. It is currently a four-story structure. We're looking to redo the whole building, but specifically the four-story.
uh work on that a little bit more intensely and adding a roof deck access structure building b
we're looking to take a two-story structure with a with uh with a garage add a second story
and have vacant commercial space in there so we have two refusals the first refusal is the
accessory parking which is existing you'll see from the photos the second refusal has to do
the height but they're having to using the height of the actual roof deck access structure as our
height we would still exceed the 38 feet allowed of height from the roof line but it's not out of
character and you'll see from the photographs from um properties nearby so as the chairman stated we
have a letter of support from the community group um nearby properties with off-street parking so
showing not out of character plus we're not taking any parking away from the street on cater but
531 Bainbridge, 519 Bainbridge, 709 and 711 South 6th Street, 716 South 6th Street, 721 and 23 South 6th Street, 732 and 34 South 6th Street.
And then on our block on Cater Street, 520 Cater Street, 514 South Street, which is across the street really from us on Cater.
That's another property that goes street to street, which has an apartment building, but their parking is coming off of Cater Street.
515 Cater Street, which is next door to us.
Then is it out of character to have properties that have a roof line exceeding 38 feet high?
514-18 South Street, which is across the street from us on Cater Street, is similar in height as us.
And here's the photos, the site plan for that.
As well as 519-25 Bainbridge, which is right next to us, to the left of us on Bainbridge, has a similar roof line to us.
what we're proposing maps of the area we're also surrounded by a lot of cmx3 which would
not have these height limitations uh that we're facing um uh and would allow for parking as well
so if we were like two doors down you know we wouldn't be here in some respects uh five you
know the google maps photographs of the property so this is a very like not i think a very pretty
like structure look that you would see in in the you know in this part of town and you can see that
this had a commercial component which we're going to make a lot nicer uh as you'll see from the
renderings um but you know it's really a four-story structure you can't really see this part of it but
you know set back like with a mansard roof this is the property on cater street this is the existing
uh garage again not taking any parking away and you can see this is the other
standalone garage to the left of us and then this is the hearing poster showing from the
bainbridge street side as well as the cater street size side that we posted for today's hearing
and then this is bainbridge street to the right of the property
and to the left of the property as you can see some of these buildings then do go higher
setback and then this is cater street so most importantly you can see there's no parking
allowed on the street so having that off-street parking spot which we're repurposing a garage
anyway um makes sense under circumstances plus you can see the height of the buildings on cater
street not out character to go above 38 feet in height and then even here these are the apartment