Planning Board - Regular Meeting

Welcome to the February 4, 2026 uh City of Rome zoning board of appeals meeting. It is approximately 6:30 p.m. I'm going to call the order of the um members. Raymond Tucker present. Joe Pascali, Jim Dcastro, John Magelino, present.

And I'm John Cello. From uh Corporation Council's office, we have Angie Tumi. And from the codes office, we have Mark Dominico. Uh, all right. Short agenda for tonight. So, we'll go right to item number one, first one of the year. Uh, item 26-001, Rod Olga, potential owner of 825 West Dominic Street, is seeking to renovate the existing building to establish a deli retail goods establishment. This requires a use variance because we're in an R2 zone and Rome zoning code article 12 table 12-1 use matrix A uh says that retail goods establishment is not listed as a permitted use in an R2 district. A rehearing um I'm sorry that is it for that. Is there anybody here representing this project?

Yes. Please, if you're going to speak, please step forward, state your name, uh your address, and your relationship to the project. Bring the microphone. Yep. I'm Jose Klanchi. I'm an attorney that was hired by Mr. Alahim to assist in um the zoning board uh appeal application uh for the um use variance. Okay. Mr. Malachi, you do swear to tell the truth, the whole truth, and nothing but the truth. So, help me God.

You got it. Okay. Great. So, um, you're probably familiar, but I'll read these into the record. Um, when we consider a use variance, we consider four items. And those four items are one, the appellant cannot realize a reasonable return provided that lack of return is substantial as demonstrated by competent financial evidence. Number two, the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood. Number three, the requested use variance, if granted, will not alter the essential character of the neighborhood. And number four, the alleged hardship has not been self-created. This should not be new information to you as your application that you filled out um had those exact same standards and you responded to each one. So, um All right. So, Mr. Malachi, please um tell us about the project and try to keep in mind each one of those standards when you're uh

sure address each one of them if you could.

Um so um as the board may or may not remember um this uh not this exact uh request but a similar request uh involving uh a use uh of the property as a deli and a convenience store was approved back in 2021. Um my client um uh sought the use variance prior to purchasing the property and after the variance was uh was granted uh on the reliance of that um uh that uh uh grant of authority, he purchased the property and um began the work on the property but uh soon thereafter was visited by the city um and was asked to provide some blueprints as to um the project, the scope of the project, and what it was going to look like in order to get a building permit. [clears throat and cough] So, he went about the process of of obtaining the blueprints. He submitted three different applications or three different sets of blueprints to uh the city um at not an insignificant expense to him. Um total about $15,000 ultimately. Um but he got a blueprints um approved. Unfortunately um the time frame in which it took to get the blueprints approved went beyond the uh the allotted time u within the um the Rome code to get a building permit and so the uh the use variance um was uh it expired essentially. So, um, he sought out, um, a second application and I'm not exactly sure what happened during that proceeding, but I think he was told that because he was, uh, previously granted a use variance for the very same thing that he was

reapplying for, um, they could not grant, um, a second, uh, variance approval. So, uh, after some consultation with the city, uh, we were told that if the plans were modified slightly, uh, or if there was a material change in the in the application, uh, that it could be reconsidered. Uh, so that's why we're here now, uh, with the the, um, the latest application. And um the the modification that was made again it was approved as a deli and a convenience store. Uh my clients u modified the application request or the relief request um to a use variance strictly for the use as a deli um and any remaining space in the building would be used for storage to support the deli. Um it would be a deli uh that would not have any tables. It's basically like a a Subway restaurant type deli where people would come in, place their order, and go. There wouldn't really be any tables there for anybody to to sit and eat. It's basically order your sandwich, come in, pick it up, and leave. Um, so that's the uh that's the new request. Um, my client has uh done his best to maintain the property uh during this period of time. So again, the original application request [clears throat] was approved in June of 2021. Um during that time, um he's maintained, uh the taxes on it. He's he hasn't fallen behind. He's paid his taxes each year. Uh the building as far as I can tell um has uh been the uh the victim of of some um people have come to the uh to the to the

property and have vandalized it. Um, as recently as September of 2025, we've had people come in and and cut all the wires out of the building, sold the wires, they've cut the pipes out of the building, um, and sold the pipes. Anything that was valuable in the building has been cut out, vandalized, and sold. Um, and so now it's kind of sitting there. Um, and if it's if it's if this use variance isn't granted, then um, obviously my my clients tried to use it um for or at least advertised it to try to to get it used for any approved or current approved use without any success. he uh doesn't feel that if he was to sell the property that he was going to realize any type of return on it. Uh at this point, um he's got a significant amount invested in it. As I said, uh the purchase price, the blueprints, the taxes that he's paid, I think the taxes are 10,000 a year. So, he's got about four years of taxes in that he's paid without any type of realized return on the on the building. Um, and you know, it's it's a building that right now is in pretty good shape, uh, other than the vandaliz vandalization that occurred. Um but you know it's if if something's not done and there and there isn't any investment in that building then it it then the real um there's a real chance that it's going to start to devolve a little bit and um and start attracting uh maybe some some other elements to that area that I'm sure the neighbors would not welcome. Um, I know that there's uh some concerns about um the traffic uh that might um be encouraged by a business there. I mean, even if it wasn't a deli, if it was a salon, if it

was an office, I mean, you're going to have some sort of traffic at that building. Um it's just it's the nature of any business, right? You want clients coming to the building, visiting the building. Um, my client is uh going to be a good neighbor. I think um he's willing to to limit his work hours um if there's some concerns about parkings that the parking area that abuts um the the residential home because if you look at the building, it used to be the old Maple Dair. I don't know if you guys are all familiar with it. Um, I know as a kid I used to work for the city and we would go there on our breaks and have coffee there and I could see, you know, multiple city trucks that were parked there at any given time and um it was a pretty busy spot. Um, I don't envision it uh to be that type of situ scenario with this type of business. I think it's going to be a situation where again people are going to be coming in and out. Uh if anybody has ever frequented a a Subway or any type of sandwich shop, um you have people coming in for a few minutes, picking up their sandwich, and leaving. So, I mean, that's really the amount of traffic that we're looking at here. It's not going to be anything that's going to be um overwhelming the neighborhood um or involving people that are going to be parked there for uh you know, half an hour, 45 minutes. At most it'll probably each person will probably be there about 15 minutes at the tops. 15 20 minutes to get their sandwich. Um you know I I just you we have somebody here that's willing to invest some money in this community. Um he's willing to you know fix up a building that is you know that may fall into disrepair. We've got a lot of buildings in this town, you know, former schools that fell into disrepair, uh, that had an opportunity to be to have some investment made in them. We had some, you know, when I was

on the school board, we had a chance to to to have, uh, Fort Stanwick's um, significant investment made into Fort Stanwick's building. And we had some concern from the neighbors there that, uh, it wasn't the right kind of investment. and now they've got a building there that's falling apart in the middle of their beautiful neighborhood. And I'm I'm sure that they there are some people that have regretted that decision to oppose it. Um, and I think, you know, on a much smaller scale, obviously, you have the same situation with this building, right? We don't want it to fall into disrepair. We want it to be something that can um be fixed up that's not going to attract vagrants to the area because it's they're already aware. I mean, somebody obviously went to the trouble to go into that building. They knew it was vacant and they ravaged it. There's, like I said, no wiring, no plumbing, anything that was valuable in that build in that building has been taken out. And so now it's sitting vacant. So, who do you [clears throat] suppose is going to be moving into that building next, right? Who's going to be using that bu building next if my client decides to abandon it and not use it? Uh so now we have a chance to really uh you know get some investment in there. Uh get a business involved in there that's not so intrusive. Uh you know I I know that there could be businesses that are a lot more intrusive that could invite a lot more traffic and a lot more business there. Used to be a gas station, right? Um we're not going to have that type of visibility there. It's going to be kind of a low-key situation. Normal business hours. He's not going to be operating at all hours of night. uh and he's just trying to improve the community, make a little bit of money with his investment, and uh and I think it's a it's a good plan for that particular property. So, um like I said, we've got we had prior approval uh back in 21. I don't think things have changed too much since then in terms of the criteria. I think he met

the criteria at the time and um the only thing that's changed is is that um you know he he didn't really anticipate that it was going to take that long to get approval from the city to get a building permit. I think he had good faith uh efforts to try to get things done within a timely manner, but there were just some things that were beyond his control. One of them being the submission of the blueprints. Like I said, he hired three different um architects uh to uh to get the plans and the blueprints submitted. Unfortunately, the first two just weren't uh anything that the city was interested in in approving. Um but he did go to the expense of getting the third one done. He's he's very determined to make this work. Um so I just asked the board to uh to give him another chance to make this work to try to improve the neighborhood. um and be a good neighbor and make sure that that building doesn't fall into disrepair and invite uh some some consequences that maybe um you know the neighbors that are here to maybe oppose it uh aren't fully considering uh if the if the building was vacant. So that's basically it and I'm here to answer any questions that you might have regarding the proposal.

Thank you, Mr. Malachi. Um what we'll do is we'll go to the public portion of the meeting first. Um and then um I might have a couple things from other government agencies to read into the record and then we would the board will have some questions from there probably. So okay. So um we're going to open up the public portion of the meeting uh tonight. So, anybody wishing to speak on uh item 26-001 can go back to the back microphone, state your name and address, and um have five minutes um max to um express your thoughts. Okay.

My name is Cynthia Ballinger. I live at 827 West Dominic Street next to Maple Dair and I've mowed the lawn there for four years on their side that they've never mowed the lawn cuz I did not want to look at it. And when they renovated and did cuz someone stole a lot of stuff and they came and redid the work, they parked in our driveway. They do not own property for a driveway on the right hand side. So they were in our driveway, which I never complained. But all the garbage from their electrical box and the wiring, not in our property, but in that cubby hole is still there. They never cleaned up the garbage. They should have not have been in our driveway. They cannot drive down the right hand side. Thank you, Miss Ballinger.

Anybody else? Hold on. I know we got someone else in front of you, but uh my name is Mark Kazinski. Uh we my wife and I, Daryus, own two properties. We have uh 84 814

and uh 8:16 West Dominic Street. And uh I work remote so I I'm home every day and I do not want to deal with any noise. I don't want to deal with the trucks, right? There's not there's no parking there. Uh I don't want to deal with the trash. I don't want to deal with boom cars and the the the things of that nature. And right now, you know, it's like today was the first day I actually saw somebody plow in front of the store, right? I mean, you know, I'm out there. I have to take care of my sidewalk every day, take care of the snow. They don't even they don't even, you know, you can't walk down the street in front of the store. They don't take care of the sidewalk. They they're that irresponsible right now. So, you know, my point is there's no parking, there's no room for trucks, and I don't want to deal with the noise.

Thank you. Thank you, Mr. Kasinski. Okay.

[clears throat]

My name is Lorine Kikia. I live at 825 West Liberty Street. My backyard goes to Lwood Street, which is about 100 ft from my house. on a regular basis [clears throat] during the summer. O only during the summer my yard is full of garbage from people going to the Maple building, walking through their yard, um the Cindy's yard, going through walking across the little alley. It's it's really an alley. Uh I mean it has a name. And dropping things in my yard like empty milk bottles. um potato chip bottles, tons and tons of cigarettes that they butt out in my driveway. I'm 79 years old. I'm tired of picking up garbage in my my backyard. I have absolutely no interest in having a deli. We don't need another deli restaurant. We've just opened up a a a Drex on the boulevard. Mr. Malachi, I would like to ask you a question, sir, if you wouldn't mind.

I [clears throat] can't answer now. Go ahead. Go ahead. You can nod. [snorts] You did say, correct me if I'm wrong, that he would not have in-house eating. Is that correct, sir? He can't answer right now, but I'm going to ask you guys. Yeah. How about Will you answer that? But John, how about you? We will ask that question when it's our turn to um Okay. So, we'll just make a note of it. That's the whole rules on the public.

My objection is uh I don't I don't care for the premise of in-house dining and then people getting their sandwich and walking down the street with their rappers and dropping the rappers that for some reason attracts my backyard. Also, um there's a school a half a block away without a with a fourway stop at the end of the street, not a stoplight that used to be there for years and years and years. What's to prevent those children? Today's kids all have money in their pocket, believe it or not. What's to prevent those K through 12, K through six, I think Ganzer is sixth grade, uh, from all of a sudden wanting to go to this deli, I'm not really sure if he's just going to have sandwiches or if he's going to have sundries or uh drinks. I'm assuming drinks. That would make sense. was to prevent some of those kids from walking across the street and running down the street. The kids, yes, there's parents there picking them up every day. It's a fiasco every single day on that street. Uh those are those are questions that need to be answered and or and asked. I'm tired of picking up garbage. My neighbor and I share the responsibility. When the man comes to mow my grass, because I sure as hell don't mow grass anymore, he has to make a run up and down my backyard and pick up all the debris from the former occupant of the building. It's not fair to the neighbors. We don't need We don't need a deli. We don't need a deli in our neighborhood. That's it. I'm done.

Thank you, Mrs. Clickia.

Anybody else? My name is Bernardine Ferrron. I live at 831 West Dominic Street and we're writing to you regarding your pending decision for the use of the variance at 825 West Dominic is a deli/ retail goods store. As a longtime resident of the 800 block of West Dominic, the thought of a retail good store in our neighborhood raises multiple concerns. The first concern we all share is a retail store is such a general term. What will be sold and what kind of crowd will this store attract? We do have young children in our neighborhood and generally speaking, retail goods or convenience-l like stores can attract the kind of attention not suitable for a residential neighborhood. If you were raising a family, would you want to raise them across the street or next door to a retail goods store? Another concern is the lack of available parking at 820 at the 825 property. It was never really the most suitable location for a commercial business. It will create more traffic and added on street parking. There is currently a steady flow of traffic as it is. Given the last couple of winters, high snowbanks in a residential neighborhood already present an added challenge around safety without additional traffic and on street customer parking. Lastly, the question we all have is what

will all of this above do to the value of our homes? Some of us have lived in our neighborhood for 30 plus years. I ask you, how would you feel if you had years of investment in your home only to have it devalued by a commercial property? If you were raised in Rome, you know it's not the same city you grew up in. That said, we love our city and we love our neighborhood. We want nothing more than to preserve and continue to improve what we have and a retail goods store is not the type of business that will enhance the neighborhood that we all know and love. We want to be very clear in stating that we are not against anyone's ambition to start a business. However, when that business sits right in the middle of a residential neighborhood, it matters as to what type it is. We respectfully ask that you consider the potential major negative impact on our neighborhood versus the minor convenience of a retail store. Thank you.

Thank you, Mrs. Ferrron. [clears throat] [snorts]

Hi, my name is Daryus Kazinski. I live at 814 West Dominic. And another concern that we have is that people that are in the area already, we too pick up trash in our front yard because we're across the street. And I'm not saying that it all comes from there, but there's not only going to be a lot of vehicle traffic, but foot traffic. And we don't want people walking through our yards. We already have people doing that now. And it's just going to produce more for those people that will be walking the city trying to get to the deli to, you know, get their sandwiches, lunches, whatever. Thank you.

Thank you, Mrs. Kazinski. Hi, I'm Bonnie Platt. I'm from Liberty Gardens. I think it's a bad idea for a place like that to go there because of all the children and teenager we have at Liberty Gardens. We're trying to deal with the children now. If we get a place like that there, we're going to have them running in front of the cars. There's going to be more people hurt the kids trying to break into the stores. Not just us, but a lot of the people. And people do own land in the city of Rome. I rent. They shouldn't be going through their houses and destroying what they have. They've had all their lives. And I'm just afraid something like this is going to destroy the people we've had that made this the city of Rome. Thank you.

Thanks, M. Miss Platt. My name is Ramona Smith. I am the fourth ward counselor. [cough] [clears throat]

Um there's some zoning facts that I just wanted to um go over again for the people here is uh the property in question as the board is aware is located in an R2 residential zoning district. A a convenience store sub shop is is a nonconforming use in an R2 residential neighborhood and the application is requiring a variance. The building has been uh vacant for several years and during that time the surrounding area has functioned as a stable middleclass residential neighborhood. The 800 block of uh Dominic Street is a place where families live, children play outside, residents walk, uh ride their bikes, use the sidewalks regularly. The concern is that introducing a sub shop would fundamentally change the residential character. There are safety concerns for children at play. There's traffic. There's deliveries. One of the primary uh concerns I hear from neighbors is safety of children at play. A subshop would increase both vehicle and foot traffic. I mean, that's what the shop needs uh to stay open. uh and children frequently are playing outside. Of particular concern is the delivery configuration. Delivery access is on the side of the building. It's if you're facing it, the left side with no rear access. This means delivery trucks would either uh have to uh pull in and then back out onto West Dominic Street or maneuver in a way that limits visibility. If delivery trucks offload in the front of the store, this could further slow some traffic down on West Dominic Street and increasingly uh safety concerns on residential uh roadways.

the past issues experienced. Some of the people talked about it several years ago when a store was previously operating at the location. Residents uh experienced a negative impact on their comfort, peace, and enjoyment of their properties. There were repeated instances of individuals cutting through private backyards as shortcuts to and from the store. This causes concern for the homeowner who did not know who was entering their property. And as discussed, litter such as candy wrappers, uh, paper cups was frequently left behind. And at least in one instance, debris caused damage to lawn equipment. These issues directly affected residents sense of safety, privacy, and quality of life. Another concern is hours of operation. Even if the applicant initially proposes limited hours, those hours can be expanded over time. Extended hours would further impact noise, traffic, and overall neighborhood peace in what is currently a quiet residential neighborhood. the increase in traffic, delivery safety issues, an impact on children at play, parking, uh, loading concerns, and the history of a of disruption when a store previously operated at this site. Residents believe this proposal would create an undesirable change of character to their neighborhood. It would negatively impact the comfort, peace, safety, and enjoyment of nearby homeowners and their families. For these reasons, we respectfully ask the board to carefully consider whether granting this uh variance is appropriate for an R2 residential district and

whether it aligns with the long-term interests of the neighborhood, the neighbors, and the people that are paying taxes on their house. Once the variance is granted and a non-conforming use is established, the negative impacts on safety, traffic, and neighborhood character would be difficult to reverse. For these reasons, we respectfully ask the board to carefully consider whether granting this variance um and also whether it aligns with the long-term interest of the neighbors. Thank you. Thank you, M. Smith.

[clears throat] Hi, my name is uh Robert Henry and this is my girlfriend Carrie Graham. We live at 822 West Omnic Street which is pretty much right across the street. Closest house to the road.

Yeah, very close to the road. Um so that's going to impact us with traffic. I work at We're Tid Steel. I work early in the morning, so there's going to be a lot of traffic in and out of there. We have a lot of foot traffic and a lot of riff raff, I want to say, that passes through anyway. And I just believe this is going to increase that. And like she stated, uh, the uh word councilman, it's going to ruin the character of the neighborhood overall. Uh, we have a deli three blocks up the road at Jojo's. I don't believe we need one in this part of our neighborhood, and I just think it's going to be detrimental overall to our neighborhood life in general. I've lived on West Dominic Street my whole life. Um, my mother lives 828. I grew up there and bought my own house. I'm Dominic. It's definitely, you know, it's quiet now without the without the gas station, without the dairy, and I like it. So,

thank you. Thank you. Anybody else? I'm going to close it. All right. Public portion is closed. Any uh correspondence from any other governmental agency? Okay. We can go to questions from the board right now. Um, anybody want to start? Jim Dcastro. [clears throat] What year did you purchase the property?

Hold on. If he's going to speak, we got to swear. Swear a minute. Just come up. Just state your name, your address, and your relationship to the project. You don't have to raise your hand. My name is Rod. I'm the owner of 825 Domin Street. All right. And yeah, let a louder, please. Yeah. Can you Yeah. Just do it again. My name is Rod Elgame. I'm the owner of 825 on Dominic Street. All right. Mr. Elgame, do you swear to tell the truth, the whole truth, and nothing but the truth? All right. Great. Because we're going to probably want to hear a lot from you versus maybe your attorney. Okay. All right. Uh when did you purchase the property? Date, month, year?

It was um during the pandemic at 20 the end of pandemic like 2021. I got it. I can't have around. Well, I think it was he had sought approval from the zoning for the first obviously, right? I I have all that info, but I need to know when he purchased it. So, he purchased it after he got the approval. June. Was it June of 2021? Yeah. Do you have proof of that? Why? I He just said right after the pandemic, right? But I in order for me to really get this info around if it's not right there, I don't know.

Well, we don't have a deed that we brought, but we did. So, he did seek the initial approval before he purchased the property. Okay. So, you you you came in, you got your approval. Yeah. Or was it was on a zoning? 61121. It was a Zoom Zoom call. Yep. Right. That's So, normally No, no, he said it was a Zoom call because of the pandemic. Yes. Okay. Sorry. Normally you afterwards you go get your permit go to code's office you got one year to get your permit and and hence forward. So technically you only had one architect. You really didn't have three. You called three. You didn't hire three. You only had one, right? No, you had three. So you have three drawings.

No, you only brought one drawing. He brought the most recent set that that was accepted by the city. What's the date? You have the date on it? It's 2024. So, you have a year from when you're zoning to get your permit. You have one year to go 120 days to get the Well, 120 days to come get your permit. So, those drawings are stamped 2024. Financial issue, too, because I just brought the building. Maybe Mark can address I think he like Do you want to address that, Mark? Why the delay or was there or do we not or it is sufficient content?

Okay. So we get right away everyone knows the procedure. Yeah. So we don't follow the procedure and it's not in and so you have to reapply again. But you were denied. Let me see. So the stamp drawings are 24th. Then you go in and work without drawings or a permit. That immediately after the meeting, you're asked to go in and get the proper permits. That wasn't done. So, you had a stop work order. Yes.

So, now you have to come back because it's past the uh 120 days and the one year. So, that's why you're back here again for a whole different thing. Um the proof, have you tried to sell it on the market? Yes, I have. But do you have anything from a realtor showing it was listed in the city? Uh Zillow, any any proof that you tried to sell it? It wasn't a Zillow. It was like a private. It was through minor realy. Yeah, like private. So no realators were on a commercial property. You didn't see like Fred M or anybody in Rome. Minor minor. Oh, minor real I'm sorry. I thought it was a a thing there. Um so he did list it. Do you have a contract with them showing that or

We don't have it here today. I mean if [clears throat] you want to table the proceedings, we could we can provide that. Okay. So now you get stopped three and a half years. You says this cost you $10,000 a year. If you got stopped and you had to come back, you could have probably put 40,000 in and turned it right into an apartment or two and never had these problems. You have no parking next door because that house used to belong to the Roth and they had all the parking to use there. So you have just a little street front parking right now over there

and on the left side too. He has parking on on both sides of the building. There's the left side and then according to I know we had a speaker come up and say that it was her driveway but according to the deed um he does have use of that uh driveway area on the right as well because you can like around there an easement there or when you say use what do you mean by use? I think it's a shared drive. No, Jimmy Roth's father owned that and his father used to let Jimmy park there. I know that for a fact because when they Yes. Well, I I don't I don't Well, anyway, that's besides the point, right? Yes. And and and I was going to respond to that u that concern as well um as part of my response to the public comment, but but you can continue with the question, but I I'll respond at that time.

So, all these all this time you're paying on it and you finally get a drawing and stop work order and come back for a another approval when you didn't act appropriately to get the place running. And now you're telling us you're going to follow all your guidelines and three and a half, four years later to get it up and running again.

Well, in fairness to my client, I don't know that it was spelled out to him uh directly that he had 120 days to to to to uh to meet the uh the guidelines or or to to to get a building permit. I know that, you know, when you get an approval here, I I don't know that it's it's explained directly to him. Listen, you only have 120 days. Um, you know, I I obviously I stay on this board for years and I don't know that that was anything that was ever explicitly done on the record by the board and might have been mentioned to him maybe by the codes office, but you know, he he and I and I'm I'm not sitting here saying that that he's absolved from responsibility of knowing the ordinances. He should know the ordinances. Um, but that being said, um, I don't know that he did know. And so I think he felt he had more time. Um, plus you had the situation where the city was coming in telling him, "This is what you need and he went out and tried to get it." Um, had he known about the deadlines, I'm sure he probably would have made a better effort uh to to get them done. But he did submit the plans. He relied on his architect thinking that the plans were were okay. They were submitted ultimately not approved,

but the plans are stated 24. That's the the final the the the original plan was submitted to uh to to the codes office within the 2021. So three years to get a set of final prints to start construction and get a building permit apparently. So the process was is that that in 2021 he was approved. Right. I understand it. All right. And then 20 when when was the second hearing on that? 20 22 or 23 maybe. um where he was denied, right? But he was stopped work order. He didn't even go for his permit. If he would have went and got his permit in the in the amount of time, he submitted plans. They just weren't they weren't sufficient. Yeah.

That's what I'm trying to get at. Stop work order was the first was never right because he didn't follow proper. Well, he wouldn't have been able to get the building permit at that time anyway because he he would have had to have had drawings and he didn't have the drawings done because that's why the building permit wasn't isn't issued at that time. I understand. But

yeah, I get that. So, so and at the same time, I mean, listen, you know, my my PL my client did, you know, he had an investment where he was purchasing the building, then was told that he had and he was going to put money into the building and then he has has to get plans. Not everybody is as well off as as some of the people in this room and and have the resources available at that time to get, you know, what needs to be done. Um, as I said, I I asked my client before the meeting, I said, "How much exactly did you spend on these drawings?" And there were upwards of $15,000 total ultimately. So it took time for him to raise the the resources to do that. Um you own the building. You own the building? So you paid cash for the building. You don't have a mortgage? No.

Okay. So he had no money, but he could pay cash for the building. So I'm you're just saying that to me, Joe. What I'm saying is I'm resourc to assume that just because he bought a building cash that now he had he's flushed with money to to to to invol to to invest in these other uh things that you need to to rehab the building and get it up to to again uh my client is is not a resident of Rome. He's he's not he's new to this country obviously um and maybe things operate a little differently in the country that he's from. But in any event, I think we're kind of getting away from the point of of of the uh the purpose of of why we're here. Um

get a little closer. Just you can take it right out and just talk into it. Sure. Jim, are you all set? Do you have that? Okay. Okay. Raymond. Yeah. Can we can we maybe address hours of operation? We didn't really talk about that at all.

Yeah. So, um, not only hours of operation, but what's going to be operating out of there. I know one of the speakers pro devoted a large majority of her comments to the fact that it was going to be a retail business and and and that wasn't something that was going to be very welcome in the neighborhood. It's not going to be a re retail business. That's part of the modification to the plan that's been submitted to the board to consider tonight is that it's just going to be strictly a deli only. So any retail sales uh or any concerns uh relative to retail sales uh are are are unwarranted because it's not going to be a retail [snorts] facility. So um I think my client was thinking that you know he would be open uh between uh 8 and 8, but obviously that's a that's a flexible situation and if the the board wanted to place limits on on the hours of operation uh he'd be open to hear that from the from the board. But he felt that that would be reasonable to eat. So that way he could serve us a breakfast, lunch, and um a dinner crowd.

Can I go back to the sale of other items unless you No, no, it's um Can So like to hear from the applicant. Um, beyond the take in takeout food that you're planning on that you're preparing for people and they're going to be taking out. Yeah. I assume there'll be some other accessory items that you'll be selling. Um, I mean, I know it's not a retail establishment, but Subway still sells other things, too. What other things do you feel like you're going to be selling in the like um drinks?

Anything else? Yeah, keep going. Whatever you think might actually be like an um an accessory sale. Coffee. Just drinks and coffee. So, just drinks beyond like sandwiches. Beyond the sandwiches and breakfast sandwiches, I assume. Breakfast sandwiches or cold salads. Yeah. Okay. Yeah. Maybe potato chips. And that's it pretty much, right? Yeah. Okay. In the hours. um hours once again.

I'm sorry. Zero. Sorry. Um what's the difference between like a deli and a restaurant? The code just definition wise. I understand this is not going to have any indoor seating. It's going to be that's correct. Yep. Yep. And that was actually one of the big questions from the residents. No indoor seating. No. So on on your application, it says uh convenience in Delhi. Does that mean it's going to be a convenience [clears throat] store too? No. No. Say convenience deli. It says DBA Rome convenience and deli shop. Well, that's the his DBA, but it's so

I think he did the DBA when he originally made the application for the convenience and the deli. So he just kept the DBA. Yeah, cuz that one first got approved then got denied. Now we're changing the variant. So that's just the DBA. So this will only be meats, sandwiches, bread. Hot food, too. Maybe like cheeseburgers like on a grill. Sure.

Any other questions? Um, so you said you have park you have parking in the front and the side of the building. Yes. Do you have any Yeah. Is there any parking that is designated specifically for that location? Like I know street parking is the front of the building. Oh. Oh, and it's on the Yeah, the front of the side on the side of the building too to the left. On the left side. As you're looking at it from the street, it would be on the left hand side of the building. Yeah. Do you know approximately how many parking spots in total? No. Like in the front like six [clears throat] cars.

So you don't have a survey map with you showing the building? I was just going to ask lot size. How big is that lot? How big is it? So you don't you're telling us you own the driveway looking at your building to the left. You own that driveway on the left. Yes. Toward like the portion not the not the gas station piece. Yeah. How much do you own? It's it's like concrete there. Yeah. About how many feet to the left of the building do you own? Oh, like two cars like a width of two cars or one car and a half. Are all those draw is the drawings just interior drawings that you have? Yeah. No outside.

Yeah. I mean I mean I'm I'm just going to speak for a moment. So, you've got it looks like you might have front parking that's directly off the street. If you if you wouldn't have any curb cuts. Yes. But I'll be honest, looking at this on the side of your building, it's a driveway follow somewhat along the property lines. You you have a driveway on the side. You don't really have parking on the side. That would be on the left hand. Speak to him as we came into. I think it's about two parking spaces on the side of the building. It's not it's not back to be stacked. Yep. Yeah. More for probably employees than anything else probably. Okay. Yeah. That's or like a delivery truck. You come back into there

and then there's some thought that there might be a deed right away on the right hand right hand side of the property. Well, I guess I' I'd have to look at the deed to see if there's an easement there, [clears throat] but according to my my client's understanding, it is a shared driveway because it does it looking at again you might be saying that, but Oh, yeah, but I know that's right. Well, and looking at digital tools, it looks I haven't read the deed. I guess we'd have to go and look at the deed to see what the deed if there's an ement that's allowed there. It does look like the garage at 827. That's next door. 827 looks like impedes almost behind the building. looking at site and looking at the overhead areas. Okay.

So, I'm just I'm kind of wondering what's going on there, too. I mean, that that issue is easily done, right? I mean, we could put up a barrier there to make sure that nobody like a no parking sign make an effort to make sure nobody's. He's not looking to use his neighbor's property as part of No, even if there is a use there, he's not. Yeah. I'm just making sure I have Okay. Um, since the incident, um, I'm assuming there were no with the vandalization, I'm assuming there were no, um, cameras or security at the time. Did they stop the work order? No, like National Grid, nothing.

But were there were there are there any security cameras there now? Nothing. There's no wires that allow for it. The electrical wires were caught. So, no alarm system. wanted to put up some sort of a security system to to monitor the the uh I live in Udica, but he couldn't because of the the damage that was done by the people that vandalized it. Um there were mentions about u mowing and snow removal. Have you been keeping up on the property as far as snow removal in the winter time and mowing in the summer? Yeah, in the summer. Yeah. I think she's talking about like cuz they're like in the back is like um trees, not mowing. There's like trees, bushes. Yeah, like bushes. Yeah, big bushes.

Okay. But the m like to the other side, like to the left side. Yeah, I go there and mow it myself. Okay. All right. Thanks.

And there's no snow removal there right presently. I drove by it and because the building's not being used, there's no snow removal. Obviously, if it's being used, they're being incentive to remove the scalp. And like one of them said about like garbage going like or people walking through the back. I can put like a fence like where the bushes are like to block the the property from the neighbors in the back like to block people from walking there like crossing making a shortcut. Yeah. Like a fence can go there. Yeah. I don't I don't think their issue was actually crossing your property. I think it's a general issue in that neighborhood. people moving through people's properties that don't have blockade fences, right? That accurate

and I don't know that that's really going to change. No, that's not something that you It's already happening. I don't know. That's not something that you directly affect, but Yeah. Right. Something that's happening in the neighborhood. It's already happening. So, and I'm sure is frustrating. [clears throat] Um, as far as hours of operation, um, still that's that's a 12-hour operating, um, schedule right there. Um, would you be willing to lap off one of the meals of the day [clears throat]

if you were, would that, you know what I'm saying? I mean that's you know we're looking for um you know if there's I mean delies typically are breakfast and lunch types of uh situations like so like what's the time? Well, I mean from what like delies will typically operate from maybe 8 to 3 on a daily basis. um and not include dinner from that's at least in my you know in my mind it's not an official

you know it's not an official thing but um so when I heard deli I was like oh maybe it'll be you know more during business hours as opposed to going out till 8:00 at night which um okay anybody else have any more questions good all right thanks Everybody, can I respond to some of the questions? Oh, uh, yes. Yeah.

So, you know, I I want to thank the neighbors for coming out and I understand their concerns. Um, you know, obviously there's there's trepidation with any type of change in any neighbor neighborhood and I know that this the dair's been closed for quite some time now and so it's it's taken on a little bit of a different character. Um, but I mean, you know, there are other businesses in that area as were pointed out by some of the speakers. I mean, you know, there's there's a deli that not not too far. You got Stanzas right there. Corpse Corner, which is something that operates into until 2 a.m. in the morning, is probably about about a block away.

Okay. Well, but but there is a business there. You got Norris Candy Shop. There's all kinds of businesses in the area. Um, so you know, and and and honestly, I I grew up during a time in this city, because I'm a lifelong resident of Rome, uh, where, you know, when I was walking to to to my neighborhood school, I passed, uh, at least two establishments that were neighborhood retail stores, and we're not even talking about a retail store here. And one is still an ongoing concern. That's a deli on East Dominic Street. [snorts] um that's been a a neighborhood institution for probably 40 years. Um so, you know, to say that uh this type of an an establishment is automatically uh a detriment to a community, I would dispute that. I mean, I I I think there's a lot of us that rue the fact that that the neighborhood grocery stores have gone away. Um there have been many many grocery store neighborhood grocery stores that have gone away that that that I know personally that I miss East Side Grocery Doris Grocery Corg grocery uh to name a few in in East Rome. Um so you know to say now that that this type of establishment is something that can't coexist in in in a residential community I think is is is ignoring history in this town. Um the garbage uh that the first speaker talked about I think was directly related to the construction um and the rehab of the building. Uh I think it's it's going to be a temporary thing and once the rehab is over I I don't expect that the type of garbage that she was encountering is going to going to occur. And I know that she was concerned about that uh the driveway um on her side and it was something that my client and I actually spoke about on the write up in the elevator here this this evening and he he indicated that he's sensitive to that concern and would make

every effort to to make sure that nobody parked there. Um and so it it is it is uh at the front of his his mind. Um, [clears throat] as far as trucks and noise and traffic, uh, it's West Dominic Street. It's one of the main thorough affairs in this town. Um, you know, I drove there, uh, today just to kind of take a look at the building and look at the site and see what was going on there. And while I was sitting there for a few minutes, you know, I had probably 10, 15, 20 vehicles go by, you know, so I don't know that it's going to uh create an uptick in traffic. It may create an uptick in people stopping at at the uh at that particular location and getting out of their cars to to run in and grab a sandwich, but it's not going to reduce the traffic. West Dominic Street, it's always going to be a busy street. It always has been a busy street. Uh and for good reason. So um you know I I don't know that uh that this particular uh deli while I hope and and and pray for my client's uh success and I hope he's a huge success in that in that area and he and he makes a lot of money with his deli. I don't know that it's going to be uh the type of attraction in Rome that is going to significantly increase the traffic that already goes up and down that street. Um, I thought it was curious that um, a lot of the people that came up to speak were talking about already dealing with garbage and vagrants um, in their properties. Um, my client's not operating anything there right now and hasn't operated anything there right now. So, anything that they may be finding in their backyards is coming from people that um are coming from other locations. I I

don't know where they'd even be coming from with their garbage, but I can tell you this, if you have an empty building sitting there, uh it's going to be pretty attractive to the vagrants that these people are talking about not wanting in their neighborhood. it's going to be a very attractive site, especially if my client decides not to invest any money in the property. So, you know, if that's the type of person that you want to attract there rather than somebody that's going to be coming there to spend money, you know, that's that's something that a consequence that you're going to have to deal with, an unintended con consequence to be sure. Uh but uh you know, you have to kind of be careful what you wish for uh if if that property is not maintained because again, it's already been vandalized. There's been people there that identified it. They targeted it. You know, my client said that when they when he went through um the precision, he was very impressed with with the precision with which these people operated. They knew exactly what they what they were looking for. They went there and they they they gutted that place with surgical precision. And so, um, if they know it's empty, then they're sure you can be sure that there's other people that know it's it's empty, and now it's available for them to go in there and squat and and do, you know, any number of things in that building that are not going to be attractive to the neighbors there. Again, um my client did indicate that um that there's not going to be any in-house eating. It's not going to encourage anybody to eat on site. It's only going to be people that are going to be coming in there and and leaving. So, um you know, hopefully when the people go, they take their food and their potential trash with them. and uh you know and once my client uh by the way uh if he's granted this variance I think one of the very first things he's

going to do is rewire that building and get some security cameras up um and uh some alarms in there to try to prevent those people that are walking through people's yards now uh from um coming into the building. Um, I think that this is going to enhance the neighborhood because if there are people walking through the backyards uh of the the neighboring um properties, he's going to be able to identify those people and help them to make reports to police which will discourage um the type of behavior that's leading to garbage being left, people trespassing on the property, uh vagrants coming in and out. [snorts] So, I I think that u th those types of security measures are something that he's going to implement right away and it's going to help with the community. [snorts] And again, I I mean, I heard some concerns about children and and the safety there. Again, um West Dominic Street is already a busy street. Um, you know, I I don't I don't know that I necessarily understand that the the the the child safety risk that a deli would pose. Um, it's it's not a swimming pool. It's not an attractive type of nuisance where we're going to have young children trying to get there um and and and crossing the street to try to get it. To me, I don't I I don't understand the argument, but I I I I can relate to why people would be worried about that, but I don't know how it how there's a cause and effect with a deli and children not being safe in crossing an already busy road. And again, I mean, uh, neighbor the

neighbors said that that there's already an issue with foot traffic. There's already an issue with quote unquote riff raff. Um, and I think again um with with the measures that my clients can undertake, rehabbing the building, putting in uh security cameras, putting in an alarm, all those things are going to help with deterring that type of thing. And also, he mentions he's willing to put up a security fence. So, if he's going to put up a security fence to make sure that people don't wander from his building onto neighboring property, I think it addresses a lot of the concerns that the neighbors have raised today. So, um so that's that's our presentation. Um hopefully, um the board will will see things our way and and my again my client's uh willing to be a very good neighbor here. He's he's he's open to listening to anybody else uh either after the meeting if there's any concerns they want to address with us directly. We're we're more than willing to talk to people about addressing their their concerns directly. And um he's also willing to make some concessions in terms of hours and um any other condition that the the board may want to place on approval tonight. So with that, if there's any other questions, um I guess I'm done with my presentation. Sure.

Do you know roughly the square footage of the building? I want to say it's about 3,000 square feet in that neighborhood. So, it's only going to be the front of the building that's going to be used and then the rest is going to be used either for storage or uh office space to help run the business. It's 3580.

Thank you, Mr. Mache. Any uh any other questions? Okay. Thank you. Thank you, everybody. Okay, I'm going to um ask the board how we feel on uh 26-001. Um again, Rod Algim, potential or owner of 825 West Dominic Street, is seeking to renovate the existing building to establish a deli uh retail goods establishment. uh requires a use variance because of an R r because of an R2 zone. Um it is not an allowed use. Um I am going to ask for

do we have to do a secret review uh for use variance? Yes, I'll ask for that please. I'll make a motion for a non-coordinated secret review. Uh negative declaration. Negative declaration. Yep. Thank you. So second second by Mr. Magelino. Um all in favor of the uh seeker uh say I I oppose say no. Um okay on the question Mr. Tucker.

Yeah. So these are tough. Um on a use variance obviously we have four things we're looking for. Um first one being whether he has a hardship financial hardship. Um I think with that property he does in fact have a financial hardship. Uh I do think the property is unique that obviously it's not a single family or multif family home in that neighborhood. Um whether it's the alleged hardship self-created think that one could be debated. Um however I do believe it'll change the essential character the neighborhood as it stands today. Uh even though that neighborhood was historically busier than it is today, the gas station and that being the market, most of that stuff has moved on to the boulevard and that was in its busiest condition was prior to that. Um I think the neighborhood has reverted to what it was intended to be which is residential neighborhood. So I am not in favor of the zoning variance.

Thank you Mr. Tucker. Mr. Pascal took you four years to come back. I bought a property come to the zoning board first. I jumped right in. I got going right away. Click on it. It will change the neighborhood. I'm opposed. Thank you, Mr. Pascali. Mr. Dcastro.

Yes, that property is very unique. If you've been in it when Maple Dale had it, that would be one heck of an apartment or two apartments. Uh, a third of that is new. Put on the addition. Water bathrooms are already there. Has a drop down in the back, which would be a beautiful apartment. Yes, it is unique, but not for a dairy, deli, or convenience store. You sat on it for four years. I don't see any financial hardship. You don't have power there. You probably don't show any proof of insurance. You paid a tax on it. I don't know. We don't see a tax bill. So, we going on what you did and I didn't see an actual date of when you bought it and any other stuff that you've spent. We haven't seen anything and it's part of your application and we don't have any of that. So, with all that, I'm not in favor.

Thank you, Mr. Dastro. Mr. Magelino. I'm I'm not in favor either.

Thank you, Mr. Magelino. um you know if anything we are consistent I had the same exact notes as you guys did as far as you know I think um it is definitely not uh I don't think the hardship was self-created just because his initial application um came before he purchased the property which was the right thing to do so um but um it is unique I believe unique property um But the fact that um we didn't have any information on, you know, like the application didn't have any information on how they tried to market the property or see if they can get another rate of return um with another use. And Raymond, I think you hit the no um hit it on the head when you said that, yeah, if this were a while back, that was the nature of that neighborhood, but this neighborhood has transitioned into a pretty much fully residential neighborhood right now. And I think it will um will change the uh character of the neighborhood. So, I'm going to vote no on it again. So, as well, so um item 26-001, uh has been voted down 50 by the board. Um and um we wish you the best with the property. Um whatever you decide to do from there on out. Thank you. Okay,

we're going to move on to the next item. Okay. So, we are um we're going to let for everybody make wait for everybody to clear out probably to uh Oh, okay. Thank you very much.

You're going to make a motion? Yeah. [clears throat] I'm gonna just give them a couple minutes to clear and then we'll move on. Thanks. Yes. surprised that he was not only what bothered me as she waited.

Okay. Um All right. Let's go on to another item uh that we are going to consider this evening. Um I am going to make a motion to rehear for a rehearing um or to review a previously approved use variance. The previously reviewed uh approved use variance was appeal number 12-047 from August of 2012 regarding um personal storage of a property. uh on the address um

104 East Wright Street owned owned by James A. Pelton. Um I make a motion to um to rehear to um uh to reconsider this uh use variance. Do I have a second? I'll second the motion. All right, Mr. Tucker. I have a second on that one. Okay. So, we have uh 104 East Right Street was uh I'm sorry. [laughter] All in favor of this motion say I oppose say no. All right, that motion is carried. Now the discussion part comes in. Luckily, nobody's in here. Of course, we're on TV.

Public discussion. Okay. Um right. So um right now um I actually since is there anybody here to represent this um property? There is nobody here. I'm going to open it up to the public. Anybody from the public wishing to speak regarding this property? Public portion is closed. All right. Um so this is an interesting situation. Um, anybody have any questions uh or any uh discussion points?

Come to our So, it's it's come to our attention that the property in question has had um code violations, police activity, and was the subject of a nuisance property uh hearing. And in that nuisance prop between all of those items, it's been identified the use that we approved for that property, mainly personal storage through the use of two trailers on that site are not being used for personal storage. They're being used to run a quasi scrap business. Uh so uh we want to review it and decide if we should revoke that variance. Thank you, Mr. Tucker. Um, sorry.

I guess I'll ask Mark Mark, can you elaborate on what your I guess give us the general story and know you had a couple letters from [clears throat] senior code enforcement officers and proof of it too.

Yes. All right. So, uh, again, the, uh, appeal number 12-047 was granted to the applicant, Mr. James Pelton. Um on August 1st of 2012, um it was a unanimous decision by the board to grant permission to two accessory structures uh on a on a piece of uh land located uh in an R2 zone district uh at 104 East Wright Street. These two these two buildings were they're called GE trailers. They're about 16 ft wide and close to 40 ft 50 ft long. There are two two of them. Um during the hearing uh for the u the variance in 2012, the applicant represented that this was going to be there to support the single family house and be used as accessory storage to to support the residential structure. Since that date, there have been several um issues with the property in the accumulation of junk and debris um to the point where on several occasions um the applicant was was cited uh for uh um uh violations of the New York State Property Maintenance Code for or junk and debris. Uh he was actually sent to court on on a few occasions. Um there was reports of theft uh in which the the owner of the property uh was test gave gave gave an affidavit to police that that he's he um bought materials and imported materials, scrap materials onto the site. Uh he weighed them uh on his at his house at 104 East Race Street and he paid for that scrap metal. So, there

was a um right from the from the applicant's uh the owner's mouth, you know, he was he was he was putting an affidavit into the into the police department because there was a theft of of materials. Um so uh just recently uh we did because of the the amount of of uh code violations that were were given um it it did make the property subject to a public nuisance hearing uh which was held a few months ago. Uh and the public nuisance panel did deem that property a public nuisance. ordered the um the cleanup of the entire site uh wherein the uh city crews went in there with front end loaders for two days uh and uh cleaned the entire site. Those charges will be going on the tax bill along with administrative penalty. I can share with the board um some photographs as far as the deplorable conditions of the site. You'll see that um there there's evidence of of scrap. There are trailers full of of uh carcasses of of computer uh components um where wire is being stripped and and and uh you know things are being dismantled for the purposes of uh a salvage operation. During the cleanup, uh, two of, uh, code the code enforcement officers were were at the site. They did look in inside of the the two buildings that, uh, we're discussing right now. Uh, as far as the revocation uh, and I'll read uh, an an affidavit that that they put together regarding what they witnessed. And I'll read this to the board. I said on September 29th, 2025, I Matthew Weeden

and Kev and Gino Chichola uh both uh inspectors witnessed the following being stored on the structure owned by James Pelton. During the DPW cleanup on the date listed above, I stood in the doorway uh looking into the structure in the rear portion of James Pelton's property. I viewed a room that was cluttered with various tools and metal. I witnessed boxed, binned, and loose mechanical, electrical scrap. I can say for sure that some of the scrap was likely dismantled from uh computers and appliances. Uh I believe the structure is being used to dismantle and store scrap metal. Uh that's uh what they, you know, what they observed. Um I think it was it's consistent with um some of the some of the objects that were cleared up by by DPW. Um, I think that the pertinent the pertinent issue for the board to consider is uh has the owner uh been using the the property in good faith to the approval that was once granted by this board. Um um you know I'm of the opinion that uh that that it is not um a scrap and salvage operation uh is uh something that would be subject to a use variance prior to even being able to establish it. That has not happened. Um, I think that the uh the affidavit uh that was given or the the um report that was given to the police department uh clearly states from the owner that he uh had uh imported scrap material, weighed it at the his site at his location at 104 East Ray Street and paid a dollar amount um for for that.

Do you have a quote on that? Is Yeah. Can is there a specific

reference to that? Yeah, hang on one second. I'll read it actually to the board. So, this is this is regarding an incident report that was filed by the Rome Police Department and and I'm going paraphrase the the pertinent section uh stated the male metal uh let's see, let's see. Rivera stated the the mail medal to Pelton before and knew he would come pick up what Rivera had. Rivera said he called Pelton around 1500 hours to come pick up the scrap he had for him. Rivera stated Pelton showed up with his white van uh and he helped him load the scrap metal. um continues to say that Rivera said after he located Pelton's van with the loaded Pelton's van with the scrap metal, he then rode with Pelton in the van to Pelton's residence where Pelton weighed the scrap metal and paid Rivera $16 for the metal. And the residence that they're referring to is um the uh 104 East Right Street. continues, "Pelton confirmed he did assist Rivera in transporting the scrap metal in his white van to Pelton's resident. Pelton stated he weighed the scrap metal on a scale at his residence located at 104 East Right Street and came up with 84 pounds, which he paid Rivera $15 for. So, um you know, again, I think I think that uh these these structures are are there uh to really support an operation. That's what's happening. Now, I I will I will add um that the public nuisance panel uh did uh in their in their

determination of a public nuisance, they did put a condition that the trailers be removed from the property. Uh we thought it would be prudent since it was these pro these trailers were established via a use variance that the um the board should consider um the u revocation of this uh you know prior to the city um you know taking any action to actually request them to be removed or or or um take action to have them removed. Thank you. Uh just to put on the record, Mr. Pelton was given notice today's meeting.

He was. Yes. He was in the mailing that went out and we also advertised this uh it was part of the agenda item in the in the Rome Sentinel. Yeah. All right. Then I'm going to make a motion based on uh the information from the codes department office the police affidavit that the board should revoke or is revoke the proper term for this? revoke the uh Oh, yeah. I can 12-047. Hold up.

Yeah. I'll make a motion that the board uh revokes uh the use variance. Correct. Use variance for uh the property at 104 East Wright Street. Uh original appeal number 12-047. That's my motion. Anybody like to second that? Second. All right. Um, any discussion on the motion? You ready for the question? All right. I'm going to go with you, Raymond, first just because um you um you've eloquently stated it already. So, um, yeah,

on item 12-047 from August 2020, use variance for, uh, personal storage, uh, the motion is to revoke this for 104 East Right Street. Yeah, he's using a use that wasn't originally approved under the variance. Yes, you're in favor of the revocation. Yes. Okay. Thank you, Mr. Tucker. Mr. Pascali, in favor. Thank you, Mr. Pascali. Mr. Diccastro. Yeah, based on all the physical and information provided by police department, codes department and uh other people, it's not being used of what we granted, it's uh out of use. So, I'm in favor. Thank you, Mr. Dcastro. Mr. Magelino.

Yeah, same based on the applicant not um adhering to the original uh variance, I I'm in favor of revoking. Thank you, Mr. Magelino. And I agree with my fellow board members and based on the uh evidence that has been presented um and no one here to represent um anything to the contrary um I vote in favor of revocation as well. So, um the 104 East Right Street uh use variance for personal use um has been revoked um on a 50-0 vote as motion to adjurnn.

I have a motion to adjurnn. Do I have a second? I got a second. All in favor say I. Post say no. meeting.