Good morning everyone, we will begin shortly.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Good morning, Chair.
there's 34 attendees as soon as our council gets here we'll start
So, you're laying it up after the air.
That is, you know, like close over there.
Are we ready to go?
Yes, Chair.
Bill, are we up?
Ready?
Good morning, everyone.
My name is Bill Bergman, and I will be chairing this morning's meeting of the Zoning Board of Adjustment.
With me is our Vice Chair, Tanetta Graham.
Present, Mr. Chairman.
Board Secretary, Cheryl L. Gasson.
Present, Mr. Chairman.
Members, Michael Johns.
Present, Mr. Chairman.
Taya Nguyen.
Present, Mr. Chairman.
Ryan McAdams.
Present, Mr. Chairman.
Layla Beebe.
Present, Mr. Chairman.
Also here is our Attorney, Lynn Reuter-Huber, our ZBA Executive Director, Ian Haggerty,
and our Board Administrator, Lakeisha Dandy.
This hearing is being recorded and will be posted on the ZBA website. By participating,
you consent to be recorded. This is an in-person meeting with remote
remote participation. Whether in person or on Zoom, if you're called to speak,
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every time you testify, please start with stating your name. To enter an appearance,
Indicate the address on your Zoom webinar, speak with a staff member, call the ZBA website by the close of business tomorrow.
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so that we can account for you.
So let's look at our schedule for this morning.
number one mi 2024 007 221 3014 wesley eye avenue richard brown is the attorney um this is the
fourth listing hi chair that person is here i'm promoting them the panelists sure thank you
uh good morning mr chairman richard brown richard t brown jr for uh the applicant all right could
you please spell your name for the stenographer yes uh brown v-r-o-w-n right do you swear or affirm
to tell the truth the whole truth nothing but the truth i do um mr brown this case has been
on for quite a while could you please tell us where it stands uh your honor uh mr chairman
we're seeking a continuance uh i can't say much more than what we've said on past requests for
continuance okay but i don't have any authority to withdraw the petition all right so so let me
tell you what we're going to do we're going to dismiss this and we will waive the two-year rule
So for MI 2024-007-221-3014, Wesley, I vote to dismiss and also waive the two-year rule.
Michael Johns, my vote is to dismiss with proviso.
Cheryl Gaston, my vote is to dismiss with proviso.
Tanetta Graham, my vote is to dismiss with proviso.
Ryan McAdams, my vote is to dismiss with proviso.
Nguyen, my vote is to dismiss with proviso.
Layla Beebe, my vote is to dismiss with proviso.
Thank you, Mr. Brown.
Thank you, Mr. Chairman.
So number two, MI 2025, 004, 298, 2336 South 7th Street.
This case has been withdrawn.
Number three, MI-2025-004-372-189 West Duncan Avenue, this case has been withdrawn.
Number three, MI 2025, 004.
number number four m i 2024 004 383 709 pine street um this is case is a continued attorney
moving party correct you guys right all right i see you talking there well i i do i do i do very
much all right all right um number five mi 2025 006 267 541 east worcester street um
um this case is continued okay calm down calm down guys um alex sokoloff please or gabriel
fellas they're being promoted to panelists here sure
good morning mr chair good morning uh uh could you please state and spell your name for this
stenographer sure he's gabriel fellis uh g-a-b-r-i-e-l last name is uh f-e-l-l-u-s
all right do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do um this case has been around a little bit could you please give us an update
Sure. Just a little background on our first two continuous requests. The first was actually
because of some confusion we had getting the correct refusal issued by LNI. The first one
was issued with a few mistakes that cleared up. Mr. Haggerty actually helped a lot on that front.
Then we had some more issues getting the correct coordinating RCO. So we had to be reassigned with
the current coordinating RCO in June. So we finally just had our first meeting with Wingo
Hocking and Worcester on July 29th to discuss the project very constructive discussion left off
agreeing that the zoning board for the RCO will provide some of their recommendations for
amendments to the final project after they got some more input from meeting attendees and from
neighbors so we're just waiting on those recommendations potential provisos from the RCO
and then we want to see if they if they want to have another meeting to discuss the recommendations
before we have kind of our formal hearing it's a pretty large development project so we want to
make sure that we've had enough uh engagement with the community before presenting that final plan
um so mr fellis um going back to the directions that you were given um back in february um so the
this appeal um was supposed to be withdrawn and then a new appeal filed because the corrections
were made on a new application they weren't made on the existing application
um so this this one needs to be withdrawn and a new one needs to be filed in order for
the new refusal that you have to actually be appealed and be before the board
so do i have to reapply because i mean the refusal then the updated refusal that we got then it would
be past the 30-day appeal deadline um we would have to we can discuss that outside of this
hearing but yeah that it should have been um appealed at that time but we can discuss that
further but we can't bring that's a separate application that new refusal we cannot include
it in this application um that has been appealed okay um so then should i email i guess you and
kind of discuss how that uh how we can figure that out just like logistically how to appeal that
yes we can we can we can discuss that um would would you be willing to withdraw this appeal on
the record today and then we can or we can continue it and we can put swap in this other
one but we can't we can't we have to have a new appeal file it's a separate application
understood uh yeah and so if that is the only way that we can move forward and um on this one then
we can withdraw on record today and then honestly know you about kind of just before so mi2025
506-267-541 East Worcester Street. This case has been withdrawn.
Number 12. Sorry, no, Mr. Chair, we're going to continue that, give that a date, and then
we'll swap in the new case if necessary. I don't think the attorney's ready to withdraw that at
this time. Thank you. You said the attorney can't withdraw? Is that what you're saying?
So, Mr. Agerdy, if you're saying that we can just get a continued date and then kind of swap in the new the new appeal for that continued date, we'd rather do that.
so mr agardy if you're saying that we can just get a continued date and then kind of swap
I imagine that's going to be a lot quicker than starting the whole appeal process over again.
That would be my recommendation.
We can withdraw on paper once you have that new application process sorted out with board counsel.
OK, yeah, if that's possible.
yeah okay so listen so then we'll list this case for 127 27 at 9 30 a.m great thank you so much
chair mr hagerty i appreciate it thank you
number nine mi 2025 zero zero seven three eight two one eighty one master street um no exhibits
this is the second listing and the KKG1 is the LLC listed owner and Paulette Ahmad is the DBA
and the applicant's name is Philip Philly Permits Expeditors
is there anyone there chair yes chair i don't see any hands at the sign all right so this is
the second listing so mi 2025 007 382 181 west master street i vote to dismiss michael johns my
vote is to dismiss cheryl gaston my vote is to dismiss tenetta graham my vote is to dismiss
Ryan McAdams, my vote is to dismiss.
Tyia Nguyen, my vote is to dismiss.
Layla Bibi, my vote is to dismiss.
Number 13, MI 2025-007-384-7411 Tarsdale Avenue.
Agnes, Marie, Louise, and Samuel Charles are the listed owners.
No exhibits.
This is the second listing.
chair there are no hands at this time so this is the second listing so mi 2025 007 384 74 11
tar sales avenue i vote to dismiss michael johns my vote is to dismiss charl gaster my vote is to
dismiss tenetta graham my vote is to dismiss my mcadams my vote is to dismiss iowen my vote is
to dismiss. Layla Beebe, my vote is to dismiss. Number 14, MI 2026, 001082, 610 Christian Street.
this case has been withdrawn.
And number 17.
MI 2026-002-213-2041 Castor Avenue.
This case is continued until 1-27-27 at 9.30 a.m.
Are there any other requests for continuances?
Chair, there are no hands at this time.
So let's look at our add-on list.
Number one, MI 2026, 002873, 4723 Sheldon Street.
The vote in this matter has been moved to Wednesday, September 16th at 9.30 a.m.
no i believe that remember harry cook's going to withdraw this okay so mi 2026 002 973 4723
sheldon street and number two mi 2026 002 975 4723 sheldon street both of these cases have been
withdrawn um mr chairman can we see if mr cook is there to put it on the record he was supposed to
sure mr cook are you in the audience
they're being promoted to panelists
Good morning, Mr. Chairman.
Good morning, Mr. Cook.
Could you just please state your name and spell for this sonographer?
Harry Cook, H-A-R-R-Y, C-O-O-K.
Harry Cook, H-A-R-R-Y, C-O-O-K.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Do you swear or affirm to tell the...
I do, sir.
Mr. Cook, did you hear the two cases I just listed on Sheldon Street?
Yes, sir.
Is that your wish to withdraw?
Yes, the parties have come to an accord, and we're withdrawing both.
And we also, on behalf of myself and Meredith Ferliger, appreciate the board's time granted to get this done.
Okay, thank you.
So read one more time that they're both withdrawn, right?
So MI 2026-002-973-4723 Sheldon Street.
And number two, MI 2026-002-975-4723 Sheldon Street.
Both cases have been withdrawn.
Thank you.
Number three, MI 2026-000480-3251 Fox Street.
The vote in this matter has been moved to September 16th at 9.30 a.m.
and number four mi2024 001 949 2900 schneider avenue i vote yes michael johns my vote is yes
cheryl gaston my vote is yes tanetta graham my vote is yes ryan mcadams my vote is yes
ion my vote is yes thank you we're going to move on to our um our regular list number seven mi
2025 006 980 1638 east um chelton avenue um there is a spanish interpreter for this case
Could the interpreter please raise their hand?
They're being promoted to panelists here.
Why don't you swear that for me?
interpreter good morning your honor good morning members hi could you please state and spell your
name for the stenographer yes my name is leonel first name leonel spelled l-e-o-n-e-l last name
gillen spelled as in g-u-i-l-l-e-n and our board secretary will swear you in thank you good morning
Do you swear or affirm to interpret accurately from Spanish to English and English to Spanish?
I swear.
Thank you.
Frank, Franklin.
Good morning, sir.
Good morning.
I'm going to please ask him to please state his name and spell for this photographer.
Muy bien. Caballero, ¿me puede, por favor, decir su nombre y deletréelo para el estenógrafo, por favor?
Mi nombre es Frankie Martínez de Los Santos. F-R-A-N-K-L-I-N.
¿Y su apellido?