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BMZA denies request to add tobacco sales at 3635 Emerson Ave
Summary
The Board of Municipal and Zoning Appeals denied an appeal to allow tobacco sales at 3635 Emerson Ave after planning staff said the neighborhood commercial designation prohibits tobacco sales unless continuous sales pre‑date a 2020 prohibition; the applicant could not show prior tobacco sales.
The board denied an appeal from the operator of 3635 Emerson Ave seeking to add tobacco sales to an existing convenience store. Justin Walker of the Department of Planning told the board that zoning code section 14‑3‑28 explicitly prohibits tobacco sales in neighborhood commercial establishments and that the prohibition became effective June 10, 2020. Planning recommended denial because the applicant did not show tobacco sales at this location before the prohibition took effect.
Applicant Mahamudul Hasan Sohel told the board he converted a barbershop into a grocery about a year ago and said he would use age‑verification equipment and train employees to prevent sales to minors. "I have got some equipments to verify the age, and I try to train my employee as well," Sohel said. Board members asked about the property's prior use and whether a nonconforming use exception applied; planning and the board concluded there was no documented tobacco sales history predating the 2020 prohibition.
Board action: after hearing testimony, the presiding member recommended adopting the planning memo and findings; the board voted to deny the appeal. The applicant was told the board's vote is not final until a written resolution is drafted and mailed, and that no business operations tied to the appeal should begin before receiving the formal resolution.
