the different plans and how this is going to be presented at that time we'll open it up to the
public for comments we'll also also have comments from planning commission okay uh mr chair i make
one request? I just jump in one second. There's someone with the name Pascual Calavita with their
hand raised, so I don't know if that's somebody, part of the design team or the development team
for this project. That may be my client. I don't know why it's on the only name, but I'll go with
it. I'm guessing that it's probably Yorida Hassa. Yorida, sorry. How are you?
you could you please state your name and spell for the court stenographer urida hasa j-o-r-i-d-a-h-a-s-a
you swear or affirm to tell the truth the whole truth nothing but the truth
yes so we're having a hard time with the plans uh like uh mr posquale said uh i don't know much
of it because my husband is uh doing all this but i did hear about the the rise of the ceiling on the
on the basement and here on the the plants i do see that it says nine feet nine yeah nine foot i'm
sorry and oh we understand thank you sorry thank you but with the issue is we we have to figure out
i just wanted to add another comment about the egress well for the windows that one of the
members mentioned for for the bedroom and it does show here on the plans that is on both sides
for the egress window well, if I'm not wrong.
Yeah, but we're looking at the front, right?
It's on the other side, too.
If you can scroll up a little bit.
The issue is that you have an egress well from the basement in the front,
and then right above where someone would try to get out is a covered deck.
The code does not allow you to do that.
May I suggest something? Can we open it up to public discussion now? I submit a new set of plans, and it's voted on by the board on the papers in lieu of having to come back and redo this.
Well, you're still going to come back.
I mean, one way or the other, you got to come back.
So when you come back, you come back.
We'll open it up to the – what we're going to do is, you know,
it'll be basically closed other than looking at the plans,
examining the plans.
The board will take a look at it.
We'll open it up to the public and planning.
You know, if the plans are proper when they come back,
it's a short period of time, okay?
sure period of time, okay? Okay. All right. And it needs to be reposted?
All right.
And it needs –
It will be because we don't have a date available at this time. Okay. Thank you, sir. You're welcome.
Number seven, MI 2024-003-021-129 League Street.
Roger Perry is the attorney.
Mr. Perry is coming back in as a panelist.
Morning, Mr. Perry.
Thank you.
here i am good morning mr perry you already been sworn just for the record state your name
roger perry r-o-g-e-r-p-e-r-r-y representing the owner of 129 league street could you identify
who your client is please uh yes uh they own it's an interesting case the owner of uh unit one is
129 league street developers llc uh representing them as an attorney uh matt zapolchek is the uh
member of the llc and um we do have a letter of support from queen village neighbors and a letter
of non-opposition from council member school letter thank you our vice chair has a few questions for
you, sir. Good morning, counsel. Do you agree to weigh the reading of the refusal or stipulate
to its accuracy? Yes, I do. I've emailed in all the required documents and exhibits that's needed
to proceed with this case five days in advance of this hearing. Yes, we have. Thank you, counsel.
Please proceed and share your screen. Mr. Perry, I just had a quick question. Because this is
This is two condo units with two separate owners and the refusals for the entire lot.
Are you representing both owners today?
Yes, by way of background.
It's unit one and unit two, two condominium units.
This was legalized in 2022.
22, I'm sorry, in 2002, it was legalized as two residential units with an exception to
unit number one, which was Alden Bly's architecture office.
The approval, and I have the documents here, but the approval was a reversionary interest
that when Alden Bly moved out of the architectural office, it would revert to a second residential
The first, Unit 2 on the second floor, has been residential since 2002 and has always been legal.
But I do represent both parties.
That's owned actually by a partner in my office, Alex Perry, owns that.
We had many, several discussions with the plan examiner and said, well, it automatically reverts to residential under the 2002 zoning grant.
And he said, well, it's listed as commercial on the first floor, so I only want them to confirm at the zoning board level that there are now two residential units.
The second floor has always been legal.
The first floor is the one that we're really dealing with today.
Understood.
Understood.
Thank you so much.
Can I share my screen?
Please.
Let's see what we got here.
This should be 129 League Street.
Can everybody see that?
Yes, sir.
129 League Street, Units 1 and 2.
We attach both beads.
I represent for Unit 1, 129 League Street Development, LLC.
I also represent Mr. Perry at Unit 2 and so forth, which has always been residential.
Let me show you the – well, just going through.
Here's the refusal.
It noted both, although we did talk to the plan examiner, he says that their concern, change of use to two-family household living is preceded to RSA 5.
It's always been a legal residential unit at the second.
Let me scroll down to the, let's see if I have the, I'll show you the photographs where we're, photographs for what was the architecture.
This is the property here with the garage door posted, mailings, approval, as you know, by Queen Village. Queen Village was actually the recognized community organization in 2002 as well.
recognized community organization in 2002 as well when they approved it.
This is the architectural office as it was represented before we, well, just now.
This is what's being converted.
The first floor has an entire garden at the rear.
It's a large unit, over 1,100 square feet.
Let's see what we got here.
Lands.
Okay, so this is what happened in 2002, and it was, let me see if I got, it was approved
for two residential, two units, I'm sorry, residential on the second floor and Alden
office with an access garage on the front. And here it is here. Let's see if I can...
Okay, so this was 2002 and it was granted with
two units. Tom Kelly was the chairman at the time.
restriction on the deed that the current first floor commercial revert to residential and that's
what we're here for today we're seeking that we have the first floor of the two unit architect's
office on the first floor and apartment on the second floor the apartment on the second floor
has been continuously in use since 2002 architect's office mr bly has retired and that was purchased
by my client and is being converted to a residential use.
This is the approval letter and so forth.
Let me see if I can put up the drawing.
Okay, let's see.
Okay, so this is the schematic for the first floor unit.
The two-bedroom unit, large unit, has a private garden in back.
So, the architect's office is being removed, and the unit will be converted to a second condominium unit. It's called Unit 1. The condominium is already in exit. It just has Unit 1 and Unit 2. It'll be changed from architect's office. This was the approval letter from Queen Village.
and i'm trying to see what else you know that's it essentially we're just asking that the
reversionary provision of the 2002 grant be submitted to the zoning board of adjustment
and that the zoning board of adjustment approve it as a two-unit apartment building with an
apartment on the second floor here is approved the office was alden blize so it's this office
that's being changed to a residential unit.
Let me see if there's anything else in the notice.
Certificate of postings, photos, plans for the premises.
There's a tax clearance certificate.
I think it's attached.
Taxes were clear.
See it somewhere.
Anyway, they submitted it.
Anyway, the taxes are clear for both units.
Other than that, these were the plans that were submitted in 2002.
There we are. I knew it was here somewhere.
Questions from the board. Thank you.
Yes. How long has the office been, you know, not in use?
Not in use?
when he closed on this. This is February
of 2024. We immediately filed for zoning
and we took these pictures so you can see that it was
set up as an office to the point of sale.
And now we're just waiting for approval to convert it to
residential apartment and the owner
will completely fit it out according to appropriate plans.
this is the rear garden which is there and is uh controlled by uh unit one as part of the
condominium documents and these were the architect's office okay so is he february 24th okay so is he
going to keep ownership of this and rent it out or oh it was sold oh okay okay it was sold to max
bill check as the 129 Lee Street. So it's a new owner under the deed.
uh nine lead street so it's a new owner under the deed uh and it's either going to be uh rented or
his daughter is going to live there one of the two all right but he's basically going to
that the the property he's applying for the zoning to max for the new owner it's going to be an
investment property he bought it as an llc gotcha all right okay thank you good questions from the
board. Questions or comments from our survey, Hillary Anderson. Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands, Chair. Planning Commission. Thank you, Chairman, and good morning. David
Vecto with the City Planning Commission. Chairman and board members, the comprehensive plan
recommends no change to the RSA 5 residential single-family zoning at this location. This
property has a documented history as one dwelling unit and an office. The appellant seeks to convert
the office into a dwelling unit. The City Planning Commission recommends that the board grant the
proposed use variance for two dwelling units. MI 2024-003-021-129 Lake Street, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Sonata Graham, my vote is yes.
My vote is yes.
My vote is yes.
Counsel, could you please stay on?
MI 2024-003-133-4622 Distance Street.
Just state your name for the record, please.
My name is Roger Perry.
i think max of hilltrak may be here i'm not sure okay um there's a recommendation of opposition
from the city council district six cacone civic association was also present at that
um our vice chair has a few questions for you sir oh i'm sorry okay we're doing distance straight
okay yeah yeah sorry all right good counsel uh do you agree to waive the reading of the refusal
or stipulate to its accuracy yes have you emailed in all the required documents and
exhibits that's needed five days in advance of this hearing yes thank you counsel please proceed
and share your screen counsel could you identify who your client is please yeah certainly let me
switch over here uh my client on distant street is 7232 glenlock street llc uh another investment
owner under LLC. Can you see my screen? I can. Okay. 4622 Distance Street. I represent the owner.
The deeded property was from October 18, 2023.
This request is a variance to renovate a, here's the deed.
You'll see, you know, scroll down to the photographs,
give you an idea of what's going on here.
mailings we had notice uh ticcone was no longer operating as a uh registered so uh
stan zelinski of the councilmatic office held the uh the meeting for us and recommended that
it was posted this property here it's a very large property uh has a side yard it has a large
backyard the rear area and so forth um okay so um 4618 and this is 4622 4618 and 4620 are both
duplexes are immediately adjacent across the street it's also multi-family use from 4622
another multi this is directly across from the 46 this is in the 4600 block also a multi
family use the current property is vacant it's in you know essentially semi-gutted condition
this is the condition of the the property at this time the current owner bought it with the
idea of being able
to renovate it completely,
but because it's essentially
a large-sized property, he's
asked to put in a duplex
I have a text from the back.
I hear the plans.
with a unit A on the first floor and unit B as a second, and there's a hop on third floor.
With a