store their trash before it gets to the dumpster or they just have to take it to the dumpster like
are there chutes or trash there are no chutes there is a ventilated trash room inside the
building um as well i believe uh in this one if it's not on this one then there's a dumpster in
the back that's that's set away from the building and against the line
so there's no trash storage and there's no trash closet in the in the unit or there are trash
closets in the unit there are no trash chutes um there are there's plenty of closets in the unit
if somebody wants to keep their trash inside they may but the there's a dumpster that gets picked
up four days a week um in the rear of the building other questions yeah go ahead how does
how does the facade of this building align with the rest of the facades on the block are you aligned
with the front of the the brick front of the facades or the portraits of the facades that
are nearest or are you or how does how are you because you don't show it on the plane on lady
avenue there's uh the next we're not aligned the only alignment is the material in that it's brick
um they're they have porches somewhere enclosed um in this instance we're not aligned there
on styles um the house is i don't know if they have porches there or not but there was what i
think what he's asking is in terms of uh the uh the the setback so this is built essentially up
to the property line on Lidey, how does that align with the...
Correct.
There's vacant lots on either side.
The nearest building that's built, they do have porches.
This building does not.
So the front facade, so the actual brick facade of the nearest structures are what, about
eight feet from the property line because of the porch or nine feet?
That's correct.
And you're actually to the property line on the corner.
That's correct.
okay i mean i think that's mainly my sure
okay i mean i think that's mainly my sure comment i think this is a neighborhood full
of porches also there are porches on the style street properties um and so i just i wonder like
what would keep this from aligning with the front because it's gonna despite being on a corner it's
gonna now be very different i think that's also something that happened on the one at 801 it's
that it looks different than some of the other ones in the neighborhood.
Yeah, no, I appreciate that.
In this instance, because the building can only be so deep, right?
So here, this lot, I think, is about 10 feet shallower than the ones with corches.
So if you want to open up the...
Well, so I think this is...
Even was it a drive aisle?
We can't build on the drive aisle because it's public.
So you can really see here how unusual these lots are,
but sort of that effect of the increasing depth of all of the other lots on this block i think the
only other lot that's even remotely similar in depth is is all the way towards and that one's
twice the width it's right it's twice good yes i think just because like knowing the history of
lighty street yes it has not been development but there's been a lot of reasons when the city owns
80 of the vacant parcels on lighty street because it was a failed tax credit project that was
supposed to be individual townhomes so like what comes back in the future is likely going to match
the rest of the houses on the block and there actually is a developer that like has site
control for most of those properties and is planning to do townhouses so i do think like
trying to do something at the front of the facade so that it even if it just like visually
leads to the porches on the rest of them we could probably do
like a faux porch um where it looks like that it's not necessarily usable but it has the same
thing what we do in historical structures where if there was a gable we're pretty much more than
happy to do that and we could probably set it back you know we probably have a foot or two to
play with but not eight or even a shadow box like just something that gives the illusion that it's
not flat and we could do that because we could this building has do we have a bay on the front
You have a bay, right?
Yeah, so we could definitely do that then.
We can create that bay to be more gable-like.
That's not a problem at all for us.
Okay, and then I know you-
So you'd be shifting the building back.
I'm just, I'm sorry.
So you'd be shifting the building back
from the property line then?
We could shift it back like a foot or two,
but we could also create an illusion with that bay
that creates a porch roof over the right-of-way effectively
by making it look like there is a porch.
and then i guess i think it's on the opposite way though but but but i i hear you but go ahead i'm
sorry ty it's okay um understanding your your kind of proposed understanding it's not on this plan
but if you were to try to add the parking this would be in the rear yard that's correct okay
and so i i know like obviously you haven't drawn it out but have you thought and looked into
how much yard would be left if you put two parking spaces back in that space because i mean it's
it's not small but it's not two cars and backyard yeah big right i mean the the backyards and our
other properties aren't utilized other than for um you know trash or dumpster storage so the there
you know there wouldn't be really a backyard that would be usable per se and then it seems like the
main entrance and like kind of the primary facade understanding for zoning purposes lighty street
but for your development purposes is really on style street that's correct okay are you looking
into changing the address at all no i mean no and it's it we can if that you know that doesn't
make a difference for us it doesn't but it might the opa is the opa is generally unwilling to change
addresses unless although you know as i'm saying that in in past experience if the entrance is on
styles they actually might be willing to do that yeah we could do that but i don't know if it's
the chicken or the egg situation right it won't change how l and i looks at it they don't
necessarily care what the official address is if it's on a corner it's two frontages and that's
that's that okay all the any other questions questions from our attorney um i have um just
two one is you indicated um i think you just went by the ownership of the first one 41 50 just for
the record can can you indicate um his availability i'm not available excuse me his relationship to
3936 haperford llc that's actually the owner of the second one my apologies i'm sorry that's the
owner of 4152 so um i'm a principal there as well i'm a member but just for the record it wasn't
there also you indicated with regard to parking as you know parking is not part of this so
Also, you indicated with regard to parking, as you know, parking is not part of this.
So if you are thinking, not suggesting, but if you're thinking about doing revised plans
or amended, whatever, that would have to be there to see, you know, it's not on this.
Understood.
Questions or comments from the virtual audience?
Yes, Chair, we have a hand up from Jahad Ali.
They're allowed to speak.
Hello, can you hear me?
Good morning.
Could you please state and spell your name for the stenographer?
My name is Jihad Ali, J-I-H-A-D-A-L-I.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I affirm.
Please proceed.
Good morning, members of the board and commissioner.
I would like to go out of order for what I was going to say, because the big thing I have a problem with is the counselor.
She said that, oh, excuse me, let me turn my camera on.
The counselor mentioned that, or I don't know if she testified, but everything that she presented today is the first day that we're hearing, that I heard this.
And I was at the meeting.
The problem that we had is the counselor wasn't at the meeting.
So who did the presentation was German.
And German presented a totally different looking building.
We never saw this aside.
He totally was, he was like combative about, you know, the six units versus four units. And the problem that we have is that the process is that an attorney should represent an RCO, should represent a owners of LLC, the attorney counsel on this matter, she must have sent out four or five different correspondents to our RCO.
And at no time did she tell us she wasn't going to be at the meeting. We go to a meeting and we're blindsided. She's not there. And the owner is presenting and he's not a lawyer. So a lot of things that he said, he based as fact and law. And we were in no position to fight it because we really didn't know.
And what I was saying about the setbacks and everything that the lawyer talked about, we asked that at the meeting.
Also, additionally, at the meeting, we discussed that there is a developer that is already committed to do at least six houses on that block, and they all have setbacks.
And we went back and forth with the developer as the RCO to negotiate that setback, and that developer was able to do it.
So the big objection I have today is about this process.
And I think that's something that the board should look at. When you have these LLCs coming in front of community groups, they have attorneys. They tell us that the attorney is going to present. We go to a meeting. There's no attorney there. Then they come to this meeting and they speak, as a matter of fact, as though they present it because nobody really testifies and say they weren't even there.
So I want you to at least the board to look at that. And I'd like to now go into my my issues on the the hardship. So there's no hardship. This is used variance. This is used variance.
A six-year-old small family not permitted in RSA 5, a single family allowed by right of each lot.
4150 is just a vacant lot, applicants' words.
Only hardship claimed was money.
That's the deal, not the land.
Bought after the RSA 5 in June of 2014.
4152 was a 2016 sheriff sale.
4150 was 2024 and 2025.
He knew the zoning.
It was self-created hardship.
Performer for the single family.
he offered at the October 15th meeting. We haven't received it so far
as I know. Number two, the locks cannot hold it. 4150
lot is 1367 square feet versus 1440 minimum
for one house. Six units, 228 square feet of land per unit.
Front setback, zero versus 10 feet required for both.
Coverage 80% maximum, 84.5% for 4150,
82.8% for 4152. The pilot setback
short of 10 feet on both 12 units, one block, develop a mirror image of a building, 12 units
on two lots zone for two houses, grant one. The other is a foregone conclusion process. The
council has said she didn't present at the October 15th meeting. The applicant, the developer
presented, he made a lot of comments that said we're grounded in law. And in fact, we don't know
because we're not lawyers we have come to trust lawyers even though we oppose them most lawyers
are actually uh uh honest but in this case you know you have a developer coming in front of us
presenting and then you have a lawyer who set it all up because she did all the correspondence and
she had no time told us she was not going to be there so i'm asking that the board either have
the developer and the attorney meet with us again or but at least put my uh objections on the record
And I've also submitted two opposition letters, and I asked that they'd be entered into the record.
Thank you.
Okay, hold on.
Counselor, do you have any questions?
Thank you. Anyone else in the virtual audience?
Thank you.
Anyone else in the virtual audience?
Yes, sure. We have a hand up from Effie Shabtai. They're allowed to speak.
Yes, Chair, we have a hand.
Yes. Hello. Can everybody?
Good morning. Could you please state and spell your name for the stenographer?
Yes. My name is Effie Shabtai. It's spelled E-F-I. And the last name is S-H-A-B-T-A-I.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Are you a neighbor?
Yes. I'm a property owner. I own 4156 Lighty Avenue.
Okay. Please proceed with your testimony.
Sure thing. Yes. So 4156 Lighty Avenue, it's a three-unit apartment building that I've owned since about 2022.
I'm an active landlord. I do the maintenance, the leasing, property management all myself.
So I've pretty good interactions with my tenants and I get a lot of feedback
from them. And when I do the leasing, I do it myself.
I get feedback from prospective tenants.
Why don't we do this?
Why don't we concentrate on the two properties that we have here?
Tell me what your position is.
Okay. So I'm just all, you know,
just giving you my experience and as a neighbor and an owner that I'm in
support of the project.
Um, I think that it's going to create a lot of, um, uh, uh, problem solving, uh, and worries,
uh, that of my residents about safety, um, and yeah.
And, uh, cleanliness of the area, um, the lots themselves attract, um, you know, a lot
of dumping, um, it's dark there, um, and it's a big concern, uh, for my residents.
So in approval of this project, do you have any questions?
No, thank you.
Thank you for your testimony
Anyone else in the virtual audience?
Yes, Chair
We have a hand up from Eugene Nadevich
They're allowed to speak
Please state your name and spell it for the stenographer
Eugene Nadevich
E-U-G-E-N-E
Last name
M-A-Y-D-O-V-I-T-H
Do you swear or affirm to tell the truth
The whole truth, nothing but the truth