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Board continues two taxi and zoning appeals to Feb. 18, 2009 with briefing rules
Summary
The Board of Appeals continued two appeals — Azam Enazar (medallion revocation) and a rear-yard variance at 1813 Church St. — to Feb. 18, 2009. For the taxi case the board ordered simultaneous five-page updated briefs and allowed declarations authenticating GTU/transponder records.
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The Board of Appeals set return dates and limited briefing for two matters it did not decide on Dec. 17.
Azam Enazar v. Taxi Commission (appeal no. 08-156): After extended argument about the admissibility and foundation of GTU/transponder and log-on records used to audit waybills, the board voted 5–0 to continue the case to Feb. 18, 2009. The board required simultaneous updated briefs from each party, limited to five pages, due the Thursday before the hearing; it allowed parties to submit declarations authenticating transponder/GTU records and said the parties must serve each other prior to the hearing.
Rear-yard variance appeal (1813 Church St.; PO 08-157): The board also continued the variance appeal for a proposed two-story rear addition that would extend into required rear yard. Commissioners expressed concern about impacts to mid-block open space and encouraged the appellant to consult with the zoning administrator about alternatives (open deck/open stair or lateral expansion within the buildable area). The board continued that matter to Feb. 18, 2009 by a 5–0 vote.
The continuances give both appellants an opportunity to present foundation declarations and updated briefs and to negotiate alternative designs or authentication of records before the board reconvenes the matters in February.
