Everyone and welcome to the November 12th meeting of the Zoning Board of Adjustment.

I'm Jay Mankara, ZBA Chair.

To my right is Vice Chair Josh Neely, and then across the stage, Member JP Boucher, Member Robert Shaw, and alternate Joseph Potri.

We have four regular members of the board today, so if Mr.

Potri is willing, he will be participating as a voting member this evening.

So tonight we have applications for both special exceptions for a special exception as well as variances.

A variance application is a request to deviate from the requirements of the ordinance.

In order for the zoning board to um grant variants, we have to find that five criteria are met.

We have to find that granting the variance would not be contrary to the public interest, that the spirit of the ordinance would be observed, that granting the variants would do substantial justice, and that's to the owner seeking it, that the value of surrounding properties uh wouldn't be diminished, and that owing to a special condition of the property, um uh a fair and substantial relationship doesn't exist uh between the application of the zoning ordinance to the property uh and uh uh and the requirement.

So um given that I I think uh hopefully everybody understands the criteria.

In terms of the order of business this evening, uh each applicant, I'll read the case into the record.

Each applicant will be invited to come up to the podium, uh state his or her name and address, and then you have up to 15 minutes to address the board.

You don't have to use all 15 minutes, but you can if you wish.

Following that, uh, we'll ask if there is anybody in the audience who wishes to speak in favor of the application.

And each person can again come forward, come up to the mic, state uh his or her name and address, and we'll have up to five minutes to address the board.

Uh following that, I'll ask if there's anybody who wishes to speak with any questions, concerns, or opposition.

Uh and once again, each person would be asked to come forward, uh, give his or her name and address, and would have up to five minutes.

I don't sense that there are too many people here to speak one way or the other, but uh in the event that there were, um, then uh one person at the end could come.

Oh, I should back up.

Um we will then allow the applicant to come forward uh to uh has the opportunity to rebut any comments that are made.

Uh and also the applicant would have up to five minutes.

And then finally, somebody who spoke with questions, concerns or opposition, uh just one person would be allowed to come forward uh and have the last word.

Uh so that's the general um order of business.

And um, Mr.

Falk, is there any changes to the agenda this evening?

Oh Mr.

Chairman, there are not.

Uh then given that, uh unless there's something I missed, uh we'll call the roll on Mr.

Neely Present.

Mr.

Boucher.

Present.

Mr.

Shaw, present.

Mr.

Patrick.

Present.

All right.

With that, then I will read the first case into the record.

Uh this is the application of Yu Feng Sun, 61 Amherst Street, requesting the following.

One, a use variance from land use code section 190-15, table 15-1, number 90, to allow mixed uh commercial and residential use, where commercial use is primarily on the first floor with the dwelling um with the dwellings occupying the second floor.

This is in the RB zone.

And a special exception from land use code section 190-16 E3A, table 16-2 for a minor encroachment of four feet uh into the seven-foot required side yard setback to construct an exterior staircase to provide access to the proposed second-story dwelling unit.

Again, this is in the RB zone in board three.

Just to note that this application, a similar application was approved by the ZBA on August 10th, 2021.

However, that approval has expired.

And I'm guessing you are here to speak on behalf of the applicant.

That is correct, Mr.

Chair.

Well, hang on a second.

Feels very close.

Good evening.

My name is Elizabeth Hardigan.

I'm an attorney at Goddessman and Hollis, and I am here on behalf of our client, Yu Fen Soon, LLC.

And as Mr.

Chair had said, my partner, Morgan Hollis previously presented before the board with essentially this exact not essentially the exact same application for this property in 2021.

That was during the COVID era, and as you would assume or guess, things were a little bit questionable.

They weren't entirely sure when or if they would construct.

The time is now and they're ready to construct, so we are back.

There's a couple of you that were on the board at the time, but I'm going to go through the whole thing, if you will, if you'll allow me, and we'll go from there.