civus
Hearing video

ZBA Hearing - June 3, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 3, 20266h 30m

private home, no commercial activity going on. He didn't think he needed to go through the

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process of getting permits. He didn't realize that there were size and dimension requirements

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and setback requirements. So he's sorry. He thought that unless it was commercial, he didn't

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need it. So here we are just trying to make good that which he needed to do initially.

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Why don't you bring him on, Joe, and adopt your testimony?

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Waseem, can you come on to the Zoom?

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Waseem, are you there?

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Or maybe you need to raise your virtual hand so they could find you.

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Do we see him?

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No.

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And what's your client's name again?

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Waseem, W-A-S-E-E-M, Kokar.

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Okay, yes.

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and he's being promoted now to panel thank you okay thank you

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and sir you will have to okay he did accept it he's coming back in now chair

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sure thank you very much

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sir can you please unmute yourself

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it's already unmute wasim can you hear us can you say something

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yes good morning can you hear me sir yes could you please state your name

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and then spell for the stenographer. Wasim Khoekar, W-A-S-E-E-M-K-H-O-K-H-A-R.

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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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Yes, I do. Counsel?

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Thank you. Wasim, have you heard my presentation to the Zoning Board?

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yes I did and do you agree with it yes I do and would you adopt it as your own

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Yes, I did. And do you agree with that?

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Yes, I do.

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And what you were doing,

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testimony if you were testifying yes do you have anything to correct me on no

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anything else that you'd like to add no all right questions from the board so

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So, the other shed has been legalized? Is that what you're saying? And now you want legalization for this one, is that?

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That's correct. That first shed was always there. It was always there. It was always a part of the property.

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And I believe at 130 square feet, I think that was already legal by right.

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Let me just confirm, 160 square feet.

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Okay.

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And then this shed is going to be how big?

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313 square feet.

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So it's 16 feet 3 inches by 16 feet 6 inches.

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And I'll give you the height again.

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10 feet 11 inches and okay and and you need oh he needs all of this extra storage for just some

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Christmas well more it's it's more than Christmas his mother uh he also lives with with his mother

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um as well as his wife and his two children uh who are teenagers um young teens um and also

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and also his mother-in-law who lives in Virginia, she comes up to stay with the family in Philadelphia

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for extended periods of time. So the mother-in-law, she has her stuff in Virginia as well as

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her stuff here in Philadelphia. Okay. And how many people did you say lived here?

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It's him and his wife, Nancy, his mom, and their two children. And then for extended periods of

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time there would be his mother-in-law so we're counting between five people minimum for six

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people maximum okay and well and then i guess maybe this doesn't have anything to do with this

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but what is this about the pool that was removed what what was that yeah uh he had a pool at at

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that at that location and it was removed uh yeah i'll show you voluntarily or was this something

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else where no it was there no it was voluntary it was just a um you know just a just a simple

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uh above ground pool that you put together and you take apart ah okay all right um thank you

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One other thing that I needed to mention, when we had our RCO meeting, it was discussed and it was agreed that this structure would not be connected to any utilities.

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No water, no sewer, no electric, and no gas.

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It was mentioned, it was discussed, and we agreed to it.

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So even though Mr. O'Hara didn't put it in his email to us, we are not having any plans to connect the structure to any utilities.

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And it was also discussed that nobody would be sleeping in there. Of course, nobody would be sleeping.

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Of course. Thank you. You kind of answered one of my questions.

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so my oh sorry got it i'm sorry yeah my question is um yeah my question is

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my question is um who built the shed and was like the shed ever like inspected by

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any professional wasim uh could you answer that question who built it

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uh it was a contractor and we had the architecture mr ray white they did everything

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so you had a contractor do it yes okay

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all right other questions

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questions from our attorney

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not at this time mr chair questions or comments from the virtual audience

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planning commission thank you chairman and good afternoon

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good afternoon David Fecto with the City Planning Commission chairman and board members the

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comprehensive plan recommends no change to the rsd3 residential single-family detached zoning

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at this location the city rezoned this neighborhood in 1991 in a council-supported map change the

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the appellant requests dimensional relief for building two accessory structures in their rear

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appellant requests dimensional relief for building two accessory structures in the array yard

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yard without the benefit of permits the city planning commission recommends the board deny

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the proposed dimensional variances thank you um mr vicaro i just want to sit next week and talk to

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the the board a little bit about where we stand with this um but we'll make sure that we vote on

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this at 9 30 a.m for you okay i appreciate it thank you very much thank you very much is there

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anyone in the audience who's 9 30 cases not been called i see no hands chair thanks everybody see

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everybody 2 p.m good afternoon everyone my name is bill bergman and i will

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be chairing this meeting of the philadelphia zaudi board with me is our vice chair tenetta graham

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present mr chairman our board secretary cheryl l gaston present mr chairman or board members

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michael johns uh present mr chairman taiya wynn present mr chairman and ryan mcadams president

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mr chairman also present is our attorney hillary emerson our zba director ian haggerty our board

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administrator lakeisha dandy this hearing is being recorded and will be available on the zba website

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by participating you agree to be recorded this is an in-person meeting with remote participation

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whether in person or on zoom if you're called to speak please state and speak and stake state your

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name and spell it and wait to be sworn in after that state your name each time before you testify

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to get to enter your participation

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the the property address where you are recorded and the zoom put it on the zoom webinar

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speak with a staff member or call the zba office

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call before the close of business tomorrow call 215-286-2429

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and provide your name email and the address of the property involved remote participation

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raise your virtual hand when directed to speak while you speak click before you start speaking

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click your button to join the panel

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use your q a for procedural issues only not case information

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if if you if you are joining by phone press star nine to raise your hand and star six to unmute

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in person p in person participation if testimony if testifying get closer to the mic so that all

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attendees and also the court reporter can hear you no talking eating or drinking before in the room

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aggressive behavior will not be tolerated in case of emergency follow the directions

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given by the staff the main exit through the doors in the rear and the stairs are to the left

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if if we evacuate go to love park which is in right across our street please wait

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there so that we can account for you let's look at our schedule for this afternoon

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Number 9, MI 2026, 000551, 3024 West Dauphin Street.

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That case is continued until 9-26-26 at 2 p.m.

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Are there any other requests for continuances?

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Good afternoon, Chair.

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This is Jason Handel.

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I will be your co-host for the session.

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i see a hand up from a lisa coker i will allow them to speak at this time sure

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hello hi good morning could you please state your name and spell for the stenographer

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lisa coker k-o-l-k-e-r right do you swear or affirm to tell the truth the whole truth

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nothing but the truth i swear what what case are you talking about um do i

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what what case are you talking about um do i i'm a concerned resident so i have an application number

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Thank you.

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um do i well tell me what case you're talking about oh it's about 49 31 wissahick and avenue

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Council District 8 Zoning RSA 5. I was scheduled for two o'clock today.

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Okay, so we're not to that point yet. We're just calling cases. So you're on the word that

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third one yeah you're just going to be uh about an hour or so we'll call for you

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all right thank you so much sure any other requests for continuance

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i do not see any further answer mr chair so we have several add-ons here so number one

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mi2025 004 571 1401 66th avenue

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i vote yes with proviso temporary variance for 24 operation of drive-through lane

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that exits that starts extends june 4th 2028 expires june 4th 2028 temporary variance second

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Again, interior access to the restaurant is prohibited after 10 p.m. and before 5 a.m., on Monday through Thursday, and 11 p.m. and 5 a.m. on Friday, Saturday, and Sunday.

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michael johns my vote is yes with proviso

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charl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso

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william mcadams my vote is yes with proviso

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number two mi 2020 5006 073 1700 spring garden street i vote yes with proviso revives planned

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18 pages stamped by CBA, June 3rd, 2026. No illumination between midnight and 6 a.m.

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Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Tanetta Graham, my vote is yes, with proviso.

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Ryan McAdams, my vote is yes, with proviso.

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Number three, MI 2026-000-350-5912 Ridge Avenue.

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Hold on one minute.

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I vote yes with provisos.

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Revised plans, two pages, stamped by ZBA, June 3rd, 2026.

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interior trash storage michael johns my vote is yes with proviso

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cheryl gaston my vote is yes with proviso

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number four ryan mcadams my vote is just with proviso another gram my vote is just with proviso

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I will tie it in. My vote is yes with Proviso.

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Number 4. MI 2026-000574-5112 Willows Avenue.

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I vote yes with Proviso. Revised plans, one page, stamped by ZBA, June 3, 2026. No roof deck or roof deck access.

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Yes, approve you, approve use is single single family household only.

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Michael Johns, my vote is yes, with proviso.

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4.

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Cheryl Gaston, my vote is yes, with proviso.

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Tanetta Graham, my vote is no.

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and ryan mcadams my little just with proviso

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okay we're going to start our regular list

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right

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that was four okay yeah we're good

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okay yeah we're good

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all right okay okay number 12

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number 12

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and my 2026 000809 4112 peachen street alan knockamson is the attorney we also have um

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um danielle mcelhatten is involved in the case too with with yep

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yep okay why don't you sit down and we'll put the mic on for you and the number of the papers

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all right do you swear or affirm to tell the truth the whole truth nothing but the truth

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i do sir okay mr knockamson are the both of you doing this we are your honor oh my goodness

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it's going to be a long presentation so i figured no it's not it won't be a long presentation it

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It will be a short presentation today, but a long presentation.

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Mr. Nockamson, please state your name and spell for Mr. Nockamson.

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Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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

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I do.

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Mr. Goldberg?

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A-L-E-X-G-O-L-D-B-E-R-G.

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

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I do.

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Mr. Nachumson, could you identify your client and their relationship to this property?

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Yes, Mr. Chair.

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My client is Pine Manionk Development, LLC.

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And in the audience is Tim Townhill, its member.

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Right.

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And Mr. McElhain, I think you've already...

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I have.

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But if I could, Mr. Chair, yesterday in communication with the zoning board staff, we were made aware of some time limitations.

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Yeah.

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I'm about to tell you. Oh, fine. I just wanted to make sure you understood. Our folks did not come in. I got it. I got it. I think that was a good move on your part.

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Our vice chair has a few questions from both of you. Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing? Yes, we have. And do you waive the reading of the refusals and stipulate to their accuracy? Yes, we do. Okay. All right. Thank you. You can share your screen and proceed with your case.

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So, Mr. McLaughlin, did you give this to Mr. Nockam? I did. All right. So just so everybody knows, we're going to tight schedule. 35 minutes. Yes. Mr. Nockamson. Yes. Well, good afternoon, members of the board. My name is Alan Nockamson. I represent the owner of 4112 Petchen Street. We're just going to go quickly through the table.

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can you get can you get a little closer to the mic he is he i'm right here um sorry uh we're

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going to quickly go through the exhibit list and then we're going to kind of streamline this

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process as much as possible uh so we have 14 exhibits here the notice of refusal uh correspondence

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from the central roxborough civic association uh we have elected to remove one of our refusals for

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height uh we'll look over quickly the notice of refusal uh but we have revised plans where we're

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now closer in conformance with the code uh area views of the property maps of the area and uh

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photographs of the surrounding area our plans and drawings which will be the subject of today's

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presentation um our urban forest review and investigation we're dealing with the removal

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of a heritage tree or trees so that will also be in play for today's hearing we have some expert

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reports which will probably be presented more thoroughly at the next session our rco meeting

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notice we have met with the neighbors a number of times our application for zoning variance the deed

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to the property showing that my client's the owner of the property and our certificate of tax

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clearance as you can see we have a number of witnesses mr townhill who's the owner's

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representative will probably go last. We have Mr. Woodruff, Scott Woodruff from Design Blends. He'll

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primarily be the one testifying today, along with Shannon Heibach-Park, who's our civil engineer.

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We have Michelle Cooley, who's a licensed realtor, and Mike Gorello, who is a contractor

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who will provide expert testimony. Why don't we just show the notice of refusal? So there's a

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little history here uh my client has been trying to develop something here for some time on this

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lot it's an over 15,000 square foot lot the issue with the lot is only 75 feet wide it goes street

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to street from pet petchen street to loriston and um originally we tried uh to have a 35 unit

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