them back a draft and hopefully you know we can have this resolved have a cba uh in place um that
cba because the south kensington community partners wants us to add a commercial unit at the ground
floor. If we come to an agreement and given that the property zone RM1, we would need to amend the
application. So there'd be some additional time required once we come to an agreement. So at this
point, if we needed a date certain for a follow-up vote, I had emailed Hillary that just a couple
minutes ago after talking to my client that we'd probably need six, seven, maybe eight weeks, or I
could be designated as a movie party. Okay. We'll take that into consideration. So MI 2022 007
291 430 West
Burke Street. Cases continue.
Do you want this attorney moving party? I think
that's best so that we just don't take any time.
Okay, so cases continue.
Attorney moving party.
Attorney moving party. Thank you, sir.
I appreciate you getting on the phone. Thank you.
Have a good day. Good. And number 16.
MI 2023
006415
Germantown Avenue
E-G-328733, Cases Continued, Attorney Moving Party.
And also number three.
Number three, MI-2023-005-752-32 West Seymour Street, that case has been withdrawn.
Are there any requests for continuance on the list and the audience?
No, there are no hands to you.
We're going to go to our add-ons.
The first add-on is MI202300694933, Lindley Avenue.
Ismail Shahid will be handling that.
First case.
I'm here, Chair.
Okay, you have number one.
Hold on a second.
I've got to pull it up.
Take your time.
I'm all open now, Chair, you said number one.
Number one on the Adelan, sir. Thank you.
Thank you.
MI-2023-006-949-933 Lindy Avenue, my vote is yes, with proviso, maximum.
My vote is yes.
With proviso, maximum two dwelling units.
Here you go.
Thomas Holloman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
His number two is yours too.
Number two, MI-2023-0068942319-21 Ridge Avenue.
my vote is going to be yes and no provisos there sorry there is a proviso for refusal per refusal
dated 3-14-24 okay so my vote is going to be yes per refusal uh corrected issue on 3-14-24
Thomas Holloman my vote is yes with proviso James Snell my vote is yes with proviso
okay thank you number three MI 2022 003 757 2024 to 28 north 22nd street
Voting on this will be myself, Mr. Holloman, and Ish.
My vote is yes with proviso.
Her amended refusal dated 3-29-23.
Revised plans, two pages, stamped by ZBA, March 20th, 2024.
Approved uses for commercial space are those in the CMX-1 zoning district.
Use registration required prior to occupancy.
Thomas Holloman, my vote is yes with proviso.
Ishmael Shahid, my vote is yes with proviso.
Thank you.
We're going to go to our regular list.
what we have
in our regular list
do we have one that's
first, do we want to do first
am I right? Yes
that, give me one second
that is
number 14
Albert Street
I knew there was one there
I'll be right with you
I'll be right there.
Sorry.
I'll be right there. Wait, wait one minute, please.
Wait, my computer's stalled here one minute. I'll be right with you.
I'll be right there.
I'm sorry.
My computer just gave me a little problem here.
No problem, Chair.
We'll wait for you.
So, here we go.
Number 14, MI 2024, 00149, 2350 East Albert Street.
There's no RCO letter at this point, but a meeting was held on 227-24, Old Richmond Civic Association, and there's a letter of opposition from Council Member Squilla.
Joseph Consul is the attorney.
Joseph Consul is coming in as a panelist, Chair.
Hello.
Mr. Consul, could you please state your name and spell for the court stenographer?
Yes, Joseph Consul, J-O-S-E-P-H, last name Consul, C-O-N-S-O-L-A.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, a relationship to the property?
Yeah, my client is Fishtown Properties, LLC, and the owner of the company, Emily Barker, is on this call.
Okay. Our vice chair has just a few questions.
Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?
i do have you emailed in all the required documents and exhibits that is needed to
Have you emailed in all the required documents and exhibits that is needed to proceed?
proceed with this case five days in advance of this hearing i have uh accepting the rco letter
we've been in contact with them they said they would get it over but they have not yet
thank you please proceed and share your screen
okay uh hey joseph consul here 2350 east albert street this property is uh or was purchased by
fishtown properties llc last year the property um was acquired to um hopefully uh by virtue of
getting approvals today function as a short-term rental property as well as a place for my client's
extended family to stay when they're in town. It's an international blended family. She'll
explain to you her situation in a second. This property was purchased to be able to accommodate
the needs of her family. And so as a corollary to that, she was hoping to get approval for a
short-term rental permit. There's our refusal. As mentioned earlier, we met with the RCO.
We had a full meeting on February 27th. We have not been made aware of what the vote was or where
they came down on it, so we don't have any information as far as that goes. I had spoken
with john from the rco on friday he said he would get a letter over but that hasn't come yet
it's a three-bedroom two-bath property
there's photos of the outside interior is furnished
no living space in the basement
nice tidy row home on albert street we included the plans showing the layout of the property
all the bedrooms on the second floor first floor dining room kitchen living room access to a fenced
and backyard and the basement is strictly mechanicals washer and dryer finally we
included the tax information form as well as the deed to the property and again we're hopeful that
the board sees fit to be able to accommodate even with the type of temporary variance my clients
requests as she'll explain in a minute this would be able to assist her family in its ability to
visit the city which they do often so with that I'll call Ms. Emily Barker to raise her hand
Emily Barker is allowed to speak.
Hi, could you please state your name and spell for the stenographer?
Yes, hi, my name is Emily Barker.
Could you spell please for the stenographer?
Apologies.
No, no, no.
E-M-I-L-Y and then Barker, like Bob Barker.
Okay, thank you.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. Consul.
Good afternoon, Ms. Barker.
Did you hear my testimony just now regarding your property on Albert Street?
I did.
Do you adopt it as your own?
Is there any statement you'd like to add to the board regarding your intended use of this property?
Yeah, I just want to add that while it's Fishtown Properties, LLC, that is me.
I'm an attorney, and I bought it in that way since I knew I might be wanting to rent it.
So that is just the background on that.
And yes, my family is, my husband's from Italy.
His parents still live there.
His father is one of 11 children, so he has many, many first cousins, et cetera.
They do come to visit us.
We don't have enough room for them.
And my sister actually lives right around the corner on East Perth as well.
So my family lives in Illinois, and when they come, it's the same situation.
and the thought was we could purchase this place,
have it be a place that our families could stay
when they are in town
so that they're not running on top of us.
But then in between,
we could offset some of the costs
by having it be a short-term rental.
And obviously it's gonna have our stuff in it.
It's a place for us.
We're not outsiders.
We're from nearby.
So I do recognize concerns people have generally
with Airbnbs,
but I'm hoping that this is an instance
where it's slightly different
and people can understand why we want to do it
and that it would not be some burden on the community so that's that's pretty much it
that's that's pretty much it okay thank you everything further questions from the board
okay thank you i have nothing further
no mr chairman no chair questions or comments from our attorney hillary emerson
um i just wanted to note um the excuse me um it's possible i didn't get the letter from
council member squilla till late yesterday it's possible they have a copy of the rco letter and
Chances are, if they wrote a letter in opposition, the RCO was in opposition as well.
However, we don't have the letter to know if they had any suggested provisos or what the vote was.
So I think that if we wanted to delay the vote, I can reach out to the council member's office and ask for a copy of the letter.
We are going to delay the vote for at least one week.
Questions or comments from the virtual audience?
There are no hands, Chair.
Plenty of commission.
Thank you, Chair Bergman, and good afternoon. David Fecteau, F-E-C-T-E-A-U, with the City Planning Commission.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir, I do.
Please proceed.
Thank you, sir.
Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.
There is no unique physical condition or circumstance of this property that would prevent it from being used in conformance with the zoning code.
The city planning commission recommends that the board deny the proposed use variants for visitor accommodation.
Thank you, Mr.
Consul, I'm going to hold this for one week to next Wednesday to next Wednesday at 2 p.m.
It will be closed.
Everything else is closed other than the letter from the RCO.
And we'll show you'll have a chance to respond to that.
Okay. Thank you. Okay. Thank you.
Up here.