civus
Hearing video

ZBA Hearing - May 26, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 26, 20215h 28m

Yes.

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Thank you.

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Please proceed.

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Okay.

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Description of what's being proposed.

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Yes.

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It's an existing three-story building.

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So we're not expanding the building, but we are adding a roof deck, and this is the site

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plan.

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And as you can see, the front of the building is three stories, and this goes down to two

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stories and then it goes down to one story and then you have your yard.

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And the proposed layout is you come in, you're going to add a wall here with a door that

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goes to the first floor unit and the second door that goes upstairs when you come into the first

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floor unit got living space got a bedroom uh you keep going you have a bathroom shared bathroom

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you keep going you have a bedroom and then the existing kitchen is in the back and then you have

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the door to the rear yard the door to the basement once you go down to the basement the basement is

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just utilities and the laundry area and there's an existing powder room down there that the owner

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would like to keep. And if you come back through the building, come up to the front door, go through

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the second door to go upstairs. You come in upstairs, we want to do a new kitchen, a pretty

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large kitchen. And you have a shared bathroom. We'll take some walls down. And so you enlarge

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that space to a living area in a separate utility closet. Then you go around and you go up. And once

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a bedroom suite and a laundry, and then we're going to add a small access to a deck that

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goes out. It's a spiral stair that goes to the roof on top of the third floor roof. That's

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it for the plans. Any questions from the board? No. No.

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Anyone else would like to testify in this case, please raise your hand.

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There are no hands at this time, Chair.

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Thank you. Planning Commission.

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Thank you, Chair DiCicco, members of the board, Ian Hegarty with the Philadelphia City Planning Commission.

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Comprehensive plan recommends no change to the existing single-family zoning at this location.

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the applicant's hardship claim doesn't seem to be related to physical circumstances or conditions

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of the property and so accordingly the planning commission would recommend that the board deny the

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variance. MI 2021-000-557-1536 South 15th Street my vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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I think that concludes the morning list.

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Yes.

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Okay.

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Thank you all.

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And see everyone back at two.

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Chair, if I could ask that everyone check their email before starting the two o'clock session,

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there is an additional add-on that you should be aware of.

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Thank you.

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Thank you.

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All right.

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See you all at two.

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Thank you, board members.

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Bye, Ian.

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So is that going to be number one, Frank?

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Yes.

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Okay, I was talking with my microphone off.

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No problem.

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That'll be number one, but before we get to that,

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pardon me, make sure that we're ready to go.

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We are ready, Chair.

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Ready to proceed.

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That's good.

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Thank you.

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Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our vice chair, Ms. Carol Tenere,

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our board secretary, Confessor Plaza, and board members, Mr. Thomas Holloman and Mr. James Snell,

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Board Administrator Yvette Benton, and Board Attorney Sharon Saleta are also in attendance.

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board administrator, Yvette Benton, and board attorney,

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded, and that by participating, you acknowledge your agreement to be recorded.

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And to also know that the recording will be made available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat that.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I will repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I would also like to remind everyone, please do not attempt to testify in the chat.

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Any comments should be directed to our board administrator, Ms. Benton.

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Thank you for that.

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With that, I will read off a list of continuances that have been requested on the two o'clock list.

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Number three on our list, MI 2020-003416.

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134 East Susquehanna Attorney Moving Party.

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Pardon me, number eight on our list, MI 2020-001005.

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3656 Edgemont Street, and number 12 on our list, MI 2021-001-004, 8400 East Roosevelt Boulevard.

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If anyone objects to those cases that have been just read out as being continued,

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please raise your hand at this time.

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there are no hands at this time chair thank you i will now ask if anyone is request would like to

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request a continuance or withdrawal to raise their hand at this time if you want to request

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a continuance or withdrawal please raise your hand at this time here we have a russell manning

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Mr. Manning, you can unmute yourself and speak now.

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Good afternoon, sir. Please identify yourself for the record, spell your full name, and I'll swear you in.

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Good morning, Your Honor, Mr. Chairman. Sorry, my name is Russell J. Manning.

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I'm an attorney with the law offices of Karen Ann Ulmer, and I have been retained by the concerned citizens of Point Breeze.

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Sir, would you please spell your last name?

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M-A-N-N-I-N-G.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do, Your Honor. Mr. Chairman. Yes, Mr. Chairman, I have been retained by the concerned citizens of Point Breeze in regards to appeal MI-2021-001578 in regards to the address 1420 and 1428-32 Point Breeze Avenue.

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excuse me this is sharon if i can interrupt for one minute we i know that you are requesting a

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continuance in this case but we also have not received any exhibits um it's number four on

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your list chair right i saw that but we'll continue that case okay okay so mi mi 2021-001

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1578 1420 Point Breeze Avenue is continued.

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Anyone else requesting a continuance or withdrawal?

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Please raise your hand.

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There are no other hands at this time, Chair.

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Okay, so with that, the case, a rehearing case, MI 2020-0003401530 West Shampolst.

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Anyone here for 1530 West Shampolst?

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Sharon, we have Andrew Walker.

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Excuse me, this is Sharon Saleta.

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I believe that Ms. Sandra Broadus, who represents ACCA, the RCO, that requested the reconsideration and rehearing, she is also present.

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Mr. Walker is the property owner.

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Yeah, so let's hear from Ms. Broadus.

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She has to raise her hand.

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Ms. Broadus, can you please raise your hand?

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Our hand is not up at this time, Chair.

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we we have had the reason for the rehearing is technical difficulties before so let's go to

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number two carol on the list and then calendar calendar number one zero zero two 1244 south

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26th street the attorney is henry clinton

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okay

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Mr. Clinton, can you please raise your hand?

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He's also number five.

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Yes.

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He hasn't raised his hand at this time, Chair.

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All right.

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Let's use number five.

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Three and four is continued.

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Let's go to number six.

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Calendar number 1007, 2333 East York Street.

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The attorney is Alan Nocklinson.

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Mr. Nocklinson, you've been promoted to panelists.

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You can unmute yourself and speak.

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also chair mr clinton has his hand up now hold on mr knockinson we're going to go back to mr

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clinton let's go back to number number two on our list 1244 south 26th street right mr clinton

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can you please put your name and address on the record and spell your last name

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sure and thanks for your patience so let me uh get on mute i appreciate that

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C-L-I-N-T-O-N, Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 19146.

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Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,

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voters under plans of the property five days in advance of this hearing and have you met with the

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RCO and do you have a letter? Yes. Okay you may proceed. Thank you. I'm sorry Mr. Clinton hi

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could I get a little bit more volume from you please? Absolutely is that better? Yes thank you

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kindly. Yes. Thank you, Ms. Sunkit. Can you see the screen, Mr. Chairman? Yes. Okay. So this is the

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hearing for 1244 South 26th Street. On the line with me is the principal of JRG Properties, Jerry G.

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Loretta. There's a table of contents for my presentation today, and I'll walk through them

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as needed appearance statement. This is the refusal. This is a CMX2 zone property. It's on

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the corner of 26th and Latona. It's been a vacant lot for many, many years, a few decades, I

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understand. And we have two refusals. As the board knows in the CMX2 district, it's required to have

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commercial along the first 30 feet of the building depth. And we would be permitted to have two units

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above. There's also a open air refusal, which we have cured. We have now indicated open space at

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We have now indicated open space at 20%, and we have revised plans and a proviso sheet if the board looks kindly upon this application.

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20% and we have revised plans.

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So in the CMX2 zoning district, we would be permitted commercial and two units above.

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This request is simply for two residential units.

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The commercial district in this area is on Washington Avenue, and I can show you that with the aerial view.

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We do have a letter of non-opposition from residents organized for advocacy and direction.

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That is a splinter group from Grace Ferry Community Council, and they are the designated RCO in this section of Grace Ferry.

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We also have a petition signed by seven people from the block, and then there's other signatories from surrounding blocks.

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Photographs, to give you the border perspective, this is the vacant lot.

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Washington Avenue is to the north, and now we're looking west. You can see there's a lot of new

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construction already on Latonia Street, but the corners here, which are zoned CMX, and you'll see

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that in my zoning plan, they're all residential. There's really few stores in the area. This is

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looking south toward South Philadelphia. There's a church here, Old King of Peace School, and there's

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an apartment building there the residential and across the street is commercial this is a commercial

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building across the street again just indicating our posters have been presented this is our

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proviso sheet which has been forwarded to miss saleta i can walk through the plans

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so this is latona street all brick front elevation also will be brick with some

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Cement board siding, two units, first basement of first floor is one unit, second floor and

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third floor is another unit, and there's outdoor space for the resident of the second and third

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floor. The basement of first floor has the outdoor space in the yard. The rest of my documents

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include tax certifications, you know, the mailings and all the typical pro forma documents that one

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would expect a presentation before the board so i would entertain any questions from the board

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and or i would ask my client if he's unmuted to adopt my testimony so in summary though this is a

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cmx2 property commercial is not really viable in this area on 26th street the commercial corridor

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is both gracebury avenue as well as washington avenue and i think the community is looking to

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bring residents into the area that can then patronize those businesses on those two avenues.

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Okay, Mr. Giloretto.

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Jerry, can you unmute yourself?

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Mr. Giloretto, you've been unmuted.

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You can unmute yourself and speak now.

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Mr. Giloretto, please identify yourself with the record.

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Spell your last name, and I'll swear you in.

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Jerry Joloretto, G as in George, I-A-L-L-O-R-E-T-O.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you, Mr. Clinton.

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Mr. Joloretto, have you been on this call when I presented your project?

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Yes.

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If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you, Mr. Joloretto.

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Thank you.

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Any questions from the board?

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No.

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No.

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If anyone else would like to testify in this case, please raise your hand.

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There are no hands at this time, Chair.

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Thank you.

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Planning Commission?

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Good afternoon.

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This is Greg Waldman, Planning Commission staff.

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Greg, would you spell your full name?

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