not a restaurant, even if we were to look at it from impact of its use, I think that this type of
use generally would have less impact than a typical restaurant use and certainly would not
have a greater impact in the neighborhood than what is normally expected. Therefore, we asked
the board's favorable review of this special exception application. I do believe my client
is here to verify my testimony, and we're certainly happy to answer any questions from the board.
We'll bring your client on.
But counsel, is this first floor only?
First floor only, yes.
All right.
Thank you.
First floor, I'm sorry, first floor, and I believe the basement level as well would
belong to the same shop.
But the second and upper floor would be a separate use.
Why don't you bring your client on?
Mr. Singer, can you raise your hand virtually to be identified?
we have a promoter panelist
I'll be coming again shortly
sure thank you
thank you
good morning Mr. Singer
could you please state your name as
spelled for this stenographer
David Singer
D-A-V-I-D
S-I-N-G-E-R
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Thank you.
Mr. Singer, briefly, the last question the board asked was whether the tenant will be using just the first floor.
Is the basement also included?
I just want to clarify that answer.
He'll be using the first floor, and the basement area is a mechanical area for the heating unit and plumbing apparatus and things like that.
Thank you. Did you see my presentation and hear my testimony otherwise before the zoning board?
Yes, I did just now. Yes.
Thank you. Can you verify what I've represented to the board is true and correct and adopt it as your own testimony?
Yes, it's true and correct.
Thank you.
Questions from the board.
Yeah, what is the trash plan? You said there was one in place, but how is it?
So so if you look at the if you look at the business plan that so the they're going to compose the food disposal.
When you put it back up. Oh, sure. I'm sorry.
So the the plan here is that they've done this already in other locations.
They're going to compose the food products because basically it's going to be fruit peels and those kind of items.
So they're going to have that. There will be trash bins empty at the end of each day, and they're going to double back to prevent leaks or spills.
And they're going to double back to prevent leaks or spills. So the food compost will be then transferred elsewhere for gardening purposes. And they're actually going to keep the fruit peels for a garden that they have, that the owner actually owns elsewhere in the city.
okay and then how are they going to manage just like smell like composting is a whole process
that usually requires a very specific setup um how are they going to is that going to be happening
in that back room behind the the bar uh they they're not uh doing the composting on site they
have another place where they take the food to be composted and then uh used in the garden that they
they own so how often are they taking this uh this i guess this byproduct off-site is it
happening daily daily okay daily yes and then is there a bathroom that uh public uh or that
customers have access to because i did see a bathroom on the plan but it did look like it was
for employees only i do not believe it there is a bathroom for the customers because it's most
the the way the juice bar works is all take out um so there's really no consumption
or very little on site and then what's happening in the basement because i do see that oh it's
mechanicals uh mechanical not uh so they won't really use it for much other than the mechanicals
and what's related to the building mechanicals okay and then is where is the stock is all of
the stock happening in that central room between the counter and the bathroom yes it'll be here
and here here's where they do the preparation and storage will be right here because it's a
again it's it's a juice bar so they really uh the stock coming in would just be fruits and
that would be the extent of it yeah i guess my question is i'm assuming fruits are going
to need a lot of refrigeration and i didn't see any refrigerators on this plan
and the walls didn't look deep enough to have recessed refrigerators so i was just
they would i believe they will have they would obstruct a lot of the walking path to the bathroom
which was my question yeah david do you happen to know their plans for the refrigeration
as far as the tenants are concerned no they have uh refrigerators that they'll
use that they don't have any sort of walk-in box that i'm aware of that hasn't been discussed i
believe it's going to be just straight commercial refrigerators that'll be of a slim nature uh
somewhere in that middle space on the wall is what I, what I assume.
Thank you.
Question. Is there, is there, I see a doorway with a stair that goes up.
Is there, is that the,
the only way to get to the upper floors and the tenant is going to occupy the
upper floors also?
So they're not occupying the upper floor and the upper floor actually will be
staying vacant at this point.
If the upper floor would be converted to some kind of use in the future, I think we're going to have to revisit the access for the upper floor.
But as of right now, the design is here, but they're not actually going to be using the upper floor.
OK, so that'll be blocked, locked off.
Yes. They have access to the downstairs, though.
OK. In question, delivery of the fruits and vegetables and what have you, how is that going to be handled?
So that would be delivered mostly by van because they're not going to have a big, really need for a big truck delivery.
We did discuss it as a community and the delivery would be from the front on the street and during the morning hours tend to be when the deliveries would come for most of the other shops as well.
So I believe there are parking that are for temporary parking for delivery on that block that tend to be used by delivery vans.
okay and this is like a small batch kind of operation yes yes this is a small relatively
small space um so about how many customers you're thinking about per day that i am i'm not sure if
they have an estimate on their plan um they expect mostly the customers will be local people walking
in. Let me see if their business plan has any specifics on here. I don't believe we had a number
on the estimated customers. Although the community indicated they are welcoming of the idea because
it's something that the local residents would be interested in purchasing. No, we don't have a
number i'm sorry i don't have that okay that's all right thank you questions or comments from
our attorney hillary emerson not at this time mr chair question or comments from the virtual audience
i do not see any hands mr chair planning commission amy board with the planning
commission amy boyd do you swear or firm to tell the truth the whole truth and nothing but the
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
true. I do. Please proceed.
Please proceed.
The comprehensive plan recommends no change to the existing zoning of CMX 3 commercial mixed use.
The appellant has shown that the proposal will not cause detrimental impacts beyond what would reasonably be expected.
The planning commission recommends that the board grant the requested special exception for prepared food.
MI 2025-000940-303 Market Street.
I vote yes with proviso, limited to first floor only.
I vote Johns.
My vote is yes with proviso.
Cheryl Gaston.
My vote is yes with proviso.
Tanetta Graham.
My vote is yes with proviso.
Ty McAdams.
My vote is yes with proviso.
Ty Wynn.
My vote is yes with proviso.
Thank you, counsel.
Thank you.
Number nine, MI 2025, 000941, 1241 Adams Avenue.
albert alberto perez is the licit applicant this is a pro se and mr chair we have an
interpreter for this case we do yes we do so ask the interpreter to please come on
but we'll be coming back in as a panel shortly thank you
Good morning. My name is Stephen, S-T-E-V-E-N, last name Aubain, A-U-B-A-I-N, ID number YM288, and I'll be the Spanish interpreter.
Thank you. 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?
Yes, I do.
could you please call um alberto perez alberto perez usted puede entrar a la
linea puede levantar la mano para entrar a la linea
actually the the person we're looking for is the owner and i believe she has
her hand raised anna capillon
I promoted them to panelist, they should be coming back in shortly.
Anna, could you please state your name and spell for the sonographer?
My name is Ana Capellan, A-N-A, last name spelled C-A-P-E-L-L-A-N.
Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
I swear.
Okay. Is Alberto Perez there too?
I believe Mr. Perez is...
Alberto isn't here with us. My son Juan is here with us.
Is Mr. Perez your expediter?
Y el señor Perez, el expediente.
Sí, es la persona que está sometiendo todos los documentos.
Yes, he's the person that is submitting all the documents.
Okay, so this application is for the erection of an addition at the rear of the existing semi-detached structure.
For use as two-family household living.
the proposed use
to family household living
is prohibited
in the RSA 5 zoning district
could you please
share your documents
on your computer.
Yes, my son's going to do it now.
And while he's doing that,
Ms. Capellan,
did you attend a community meeting
with the Frankfurt CDC?
uh cdc yes did you receive a letter from them about the results of the meeting
so no they haven't sent it to me they said that they're going to send it to you guys directly
okay we have not received a copy to date i'll i'll double check to just make sure it didn't
just get sent in but we haven't received anything yet either así que nosotros todavía no no hemos
recibido una copia en este hasta el día de hoy así que vamos a chequear de nuevo a ver si lo
la enviaron, pero todavía no la hemos recibido.
OK, so could she please start her presentation?
Así que ya puede empezar su presentación.
Mira, yo, mi hija tiene un bebé y yo pensé en ella, pero entonces al resultar muy grande
so i was thinking of my daughter she has a baby um but i also noticed that this space was
very large so that's why i was asking for um two apartment
what what she has on the screen what she has on the screen she could could she please identify it
force so it's what he submitted um and it's uh for the structure so it could be according to the
law okay so so the first one i'm looking at my left what is that
Así que el primero que estoy viendo a la mano izquierda, ¿qué es eso?
A la mano izquierda, espérate.
Ese sería...
Déjame ver bien.
Questions here.
I have a little more...
I've been with her about the whole process.
We can only take testimony from hers.
The first document here, what do we see?
Ajá, el primer.
Así que en el primer documento, ¿qué es lo que estamos viendo en la mano izquierda?
En la mano izquierda estamos viendo, al entrar una pequeña cocina, un baño,
So we are seeing the kitchen, we're seeing the bathroom, we're seeing the entrance, the front door entrance, we're seeing the kitchen and then two bedrooms.
no i don't i don't think i'm talking all the way over to my left
so the basement is remaining the same there's um nothing that's going to be added it's just
So the next one's the first floor, the next one's the third floor, or the second floor,
I'm sorry.
And then what's the last document, the last structure?
¿Y cuál es la última estructura?
Ah, desde arriba, eso se va a quedar tal y como está. Eso es como una habitación. Eso no se va a tocar.
So the last one is going to remain the same. It's a room, and it's not going to have any work done.
Is that a third floor?
Eso es un tercer piso.
Sí, es como un tercer piso. Solamente hay una habitación grande arriba. Eso se quedaría igual, este tercer piso.
so yes it's the third floor it's just a big bedroom and it's just going to stay the same
So, yes, it's the third floor.