We're trying to put in an elevator, trying to become an ADA accessible building.
That can only happen with that increased cost.
We're also seeking that one basically additional unit.
We do have a very large old existing building that we're trying to bring up to current standards and will be required to bring up to current building code standards with by and through this change in use.
There is no effect to the public health, safety, or welfare, negative effect that is. We are fully contextual, and that was noted by CCRA at both meetings in unit count.
The, you know, there is no effect to the public health, safety or welfare.
And we will have actually this building will become significantly safer if we are allowed to make this addition and build it out to the current code, both with sprinklers, ADA accessibility and improved fire escape access, which right now, ironically, the fire escape requires anyone leaving to jump into the property at 1809.
9 in order to escape any fire that would be taking place. And lastly, I think, as everyone
can see, there's been, you know, a large change in this neighborhood, which by itself can justify
a hardship. You know, there is along both Pine Street and Delancey, not only on this block,
but on others, a significant increase in density. And, you know, the general context, as I walked
through, most of the properties are seven and nine units. And we are seeking eight with regard to
how those lay out. Again, we believe that there is, you know, we have a fully built condition,
we intend to not exacerbate that fully built condition, but to proceed. And really, the only
reason why we're coming before you with those issues um the dimensional issues are because
we're seeking that variance for the eight units which CCRA had no issues with and that's why they
changed their vote to not oppose um so with that I know I went very quickly I'm happy to answer
any questions that board chair the other members of the board may have otherwise I'll call my
witnesses. Why don't we bring your witness on? Just one
question. Either side of you, what are the unit counts?
1809, which
you will hear shortly, is
seven units. Right here, that's really the
lone objector to this property.
And who was I had a note in 1805 because they also appeared
I don't have it right in front of me,
but I know my witness will be able to tell you.
Why don't we bring your client on?
Certainly.
Adam Singer should be on.
There's Adam Singer.
I'll allow him to speak.
could you please state your name sir and spell for the court stenographer
adam singer a-d-a-m-s-i-n-g-e-r right do you swear a firm to tell the truth the whole truth
nothing but the truth i do proceed counsel thank you uh mr singer you're here on behalf of the
LLC owning the property, correct? Correct. And the name of that LLC is I Hate 1807 Pine
ST LLC? Correct. Okay. Did you hear all of the testimony that I already provided?
I did. And do you believe it to be true and correct to the best of your knowledge,
information, and belief? I do. And would you adopt that testimony as your own?
Yes, sir.
Now, separately, Mr. Singer, you live locally, correct?
What is your address?
It's 1802 Delancey.
It's the one with the trees right there.
So your property at Delancey Street backs all the way up to Panama Street, correct?
It does.
And do you go up and down Panama Street every day?
Yeah, I park my car in the garage at the Pine Street building, and I go in the back door, out the back door all the time.
Okay. And you would agree with me that this really acts kind of like a rear alleyway, not a street, even though it is a street, correct?
Okay. And did you, just because this has been raised as an issue, did you notice that the rear of the property was posted with signage during this period?
Okay. And did you notice it just once or over a period of time?
No, I've seen it multiple times.
Okay. And again, because you go up and down Panama Street, if not every day, almost every day, because you live backing up to Panama Street yourself, correct?
Correct.
Okay. Thank you, Chair. I have no further questions for Mr. Singer. I do have one more.
Thank you, Chair. I have no further questions for Mr. Singer. I do have one more witness.
Hillary, I'm going to open this up for Cross.
Yes, Mr. Chair.
Council?
Hello, Mr. Singer.
Hi there.
I just have one question for you.
So you have repeatedly walked down the street every day, you stated?
Not every day, but almost every day, yes.
And my client on Monday and Tuesday of this week has taken photos that there were no postings on the street the two days before the hearing.
I just wanted to put that on the record.
uh chair first and foremost i don't hear a question but secondly i think the question
would be the last two days did he see anything thank you sorry the last two days did you see
anything posted yes i did okay at what time
uh i don't know multiple multiple times a day i i really don't know
okay on monday and tuesday you saw the posting multiple times a day
on monday we got word that it came down from the storm we put it back up tuesday was there all day
for sure okay i have a dated photo that it was not there on tuesday morning um can i share my screen
and enter that photo into evidence uh but board chair i think i can help this along wait i guess
the question would be asking him did he see it tuesday uh board chair i think he testified that
he saw it on tuesday and i think i can stipulate i mean um but board chair i'm willing to stipulate
that it was not there tuesday morning my next witness will testify that it was posted uh in
the afternoon. Okay. And that was her job to repost it after I informed her that we had learned that
it had come down. Okay. Thank you. Cancel any more questions? No further questions. Thank you. Okay.
Sean, do you have another witness? Yes, I do. Gemma Dietrich.
Gemma Dietrich, can you raise your virtual hand, please?
oh there she is i'll allow her to speak okay i could you state your name please to spell for
the court stenographer my name is jenna dietrich j-e-n-n-a last name is spelled d-i-e-t-r-i-c-h
wait do you swear or firm to tell the truth the whole truth and nothing but the truth
i do will she cancel sorry excuse me mr chair um with the witnesses who are testifying we should
bring them up as panelists so that they can turn on their video okay I will promote our to panelists
now okay okay Jenna Dietrich has been promoted you've already been sworn counsel please proceed
certainly thank you board chair Ms. Dietrich you are an expediter with the city correct
That's correct.
All right. I misspoke in the city, not with the city, right?
That's correct. Six years. Yes.
For what business entity do you work for?
I work for JAD Development Company.
Okay. You do not work for me, correct?
I do not.
You're an independent third-party expediting service?
That's correct. And I'm licensed and insured.
thank you um excuse me can miss dietrich is miss dietrich able to turn on her video
um let me see here for you
oh i can see you now miss dietrich thank you
um so miss dietrich uh do you post properties often for zoning appeals yes very frequently
and are you familiar with the posting requirements for zoning appeals yes i am it has to be posted
on the frontage of the property and on the rear of the property okay and were you retained to post
1807 Pine for this zoning appeal? Yes, I was. Thank you. And did you, in fact, post 1807 Pine?
Thank you. And did you, in fact, post 1807 Pine?
And you posted both the zoning poster and the refusal?
Okay. And you posted them on the street frontage on Pine?
And do you see the image that is up on the screen? I hope it's up on the screen right now.
And is this where you posted the property?
Yes, I did that.
Okay. And now, did you also post the rear of the property?
I did.
And in fact, did you post the rear of the property twice?
I did, yes.
Did you learn on Monday, actually from myself, after I learned from Mr. Rosenblum that the posting had come down in the rear?
I did.
And you reposted the property, correct?
I did, in the afternoon.
I wanted to do it as soon as I could be.
I cut you off.
You were saying you posted the property in the rear?
I did.
And did you post that in the morning or the afternoon?
Afternoon.
And do you see the image on the screen now?
And you recognize this rear door is where you posted the property?
That's correct.
And was there evidence on that door of your original posting?
No, there was not.
But you did post it the first time, correct?
I did.
And how do you post things on the property?
I have to use a scotch wall-safe tape so I don't damage any property, any glass, any doors, anything like that.
So that's what I use to post.
Now, Ms. Dietrich, you know, you said you post a lot of properties.
Was there a condition at this property that made you made this one more memorable?
Just the fact that I had to redo it.
Also, I remember it being like a tiny alleyway.
I wasn't sure exactly where the rear was.
I had to count the houses back in that alleyway to post it.
Just that's standard kind of stuff.
So is this the alleyway that you're talking about?
Right.
Okay. And so, I didn't meant to do it. And this is the rest of the alleyway, correct?
Yeah. Yes.
Okay. Thank you very much, Board Chair. I have no further questions for Ms. Dietrich.
Cross-examine.
Hi, Ms. Dietrich. I just have one question.
how frequently does the posting need to be checked to ensure it hasn't fallen off?
I don't check it. I post it and then I let my client know that it's been posted.
If there's inclement weather, there's a chance that it could come down. So,
it's always wise to have somebody check it. And how frequently should the property owner
check it i i can't give you an answer on that i don't know i don't know if there's a rule for
that um my job is to do the posting yeah okay questions you want no follow-up uh no i have
no follow-up thank you counsel you want to present your case yes um so again for the record my name
is krista stepkovic from eckert siemens and i'm representing 1809 pine street association who's
the owner of 1809 pine street which is immediately adjacent to 1807 prime first for the record my
client stated that the ccra meeting was not held for my client's property benefit but for the
benefit of 1805 which is on the other side of 1807 and that's why the fourth floor was removed
he was not even aware of this meeting until this past monday and at the hearing yesterday they said
they took that top floor off at the request of 1805 not 1809 and my client never even saw this
plan before monday um i think at this time my client is going to testify so i'd like to have
him sworn in he is uh right next to me please yep hi could you please state your name and spell for
the court stenographer uh martin rosenblum m-a-r-t-i-n rosenblum r-o-s-e-n-b-l-u-m
right do you swear or affirm to tell the truth the whole truth nothing but the truth
Please proceed, counsel.
my client opposes this project and as the board knows we requested a continuance earlier
My client opposes this project, and as the
um i'll have my client testify that there was no posting at the property for at least monday
and tuesday of this week applicant is required to repeatedly check and make sure the posting
hasn't come down which wasn't done he stated he walked down the street every day and you know
particularly after inclement weather he should have checked the posting um my this led my client
to not finding out about this hearing until a few days ago and this is a significant structure so
we are requesting a continuance um still at this time to meet with the applicant
the case is going on we're going to hear the case and okay we'll eventually make the right
this would make it an appropriate decision okay um can i enter into evidence the photos
you can of the posting yep okay i did send them to the zoning board you need me to share my screen
with them i would appreciate it yes okay sorry am i able to share my screen here