civus
Hearing video

ZBA Hearing - August 6, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 6, 20255h 46m

It's commercial trash pickup. And the intention is to make sure that the commercial trash pickup continues.

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It is daily. Well, it's in the evening hours.

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And there is a concern about the trash being picked up on that rear street, on Alter Street.

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So the owner has agreed to work with the trash pickup company to have the trash actually loaded onto the truck off of Washington Street and also to provide potentially to this tenant, to the grocery tenant, either totes or other containers to store the food and to bring it out for pickup.

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But that is a daily pickup. So there should not be any accumulation of trash beyond the day, which would be stored either inside until that time or placed in a dumpster in the rear, which would then be transported to the street for the pickup.

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So the intent is to not necessarily have that trash pickup truck going down Alter Street, although it already does.

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So the owner is very willing to accommodate and work with the neighborhood to make that happen and instruct its trash pickup contractor to make as many accommodations as possible for trash.

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Um, the other issue that most people, well, I shouldn't say most, but the few that had opposition, uh, was parking and the applicant has agreed to make application for, but cannot promise the granting of it, um, application for a 30, 60 minute loading zone out front, as well as, um, uh, uh, applying for, I'm sorry, 30, 60 minute parking out front, as well as a small area of that as a loading zone.

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So with that, we can't guarantee that it will be granted by the city, but the application and the spirit of it is there.

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But with respect to parking, as I put it, this type of establishment, as it's conceptually put, is somewhat walkable for that area.

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And the intent being that someone coming home that lives nearby can pick up some food and just go back to their home.

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but we we cannot overcome the fact that parking is is of concern anywhere and everywhere in the

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city especially along commercial corridors so we recognize that there are some provisos that

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were asked for by the community and while we think that some of them are achievable through efforts

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we can't promise that a loading zone would be granted and we can't you know we can we can attempt

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And to, well, we can promise to keep the trash inside.

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So with that said, I'd like to bring my client on to adopt my testimony or if the board has any additional questions.

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Sure.

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Happy to answer them.

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Mr. Feinbush is your client?

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Yes.

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Mr. Feinbush.

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Okay, Mr. Chair, Mr. Feinbush has been promoted and he'll be back in shortly.

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Sure, thank you.

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hey good afternoon hi good afternoon mr feinbush could you just state your name and spell for the

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stenographer of course ori feinbush o-r-i-f-e-i-b-u-s-h do you swear or affirm to tell the

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truth the whole truth and nothing but the truth i do please proceed counsel thank you

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Mr. Feibusch, have you had an opportunity to hear my testimony to the board today?

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I have.

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And was it true and correct to the best of your knowledge?

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Yes.

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And would you adopt my testimony as if it was your own?

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I would.

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Thank you.

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If the board has questions for Mr. Feibusch.

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Questions from the board.

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Did you say that there would be daily trash pickup?

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That is correct.

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Please go ahead.

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Yeah, we currently have several totes that we have a trash room internally here and that we carry them out.

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Forgive me, I'm actually sitting in the space where we're talking about at this moment here.

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But we bring that trash out on Washington Avenue and the prime halal is taking our space as it's built here.

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And so they would get the same benefit of the trash room and they would just carry those totes out in the same manner that we have here.

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does the fact that this is a food business increase the volume or have concern for increased

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volume for them to use the building's existing trash room yeah so we uh i have a real estate

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office here so certainly different types of trash and probably less we have trash collection for our

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office twice a week and they're expecting to have theirs uh six days a week so i i'm certainly

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And they're expecting to have theirs six days a week. So I certainly expect more trash to be created.

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extremely expensive.

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And they are responding to that by having near daily trash collection.

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Other questions for the board?

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Mine is for deliveries in terms of the groceries and the meats and stuff like that. Is that in the rear of the building?

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No. So the tenant actually does not have access to Ultra Street that is occupied by a bakery.

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So that would all come effectively drop shipped off of Washington Avenue and be brought into the front doors.

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Other questions?

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Questions or comments from our attorney, Hillary Emerson.

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um just briefly um mr crick i did look at over the provisos in the letter and i think the

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only thing that would be enforceable by the board would be uh saying commercial trash pickup because

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it looks like they ask for private trash pickup so i think commercial trash pickup and if the

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board wanted they could say daily commercial trash pickup um but i do think those other

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PROVISORS ARE NOT SOMETHING THE BOARD COULD IMPLEMENT IF IT DECIDES TO GRANT.

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THANK YOU. QUESTIONS OR COMMENTS FROM THE

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VIRTUAL AUDIENCE? I DO NOT SEE ANY HANDS, MR. CHAIR.

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THANK YOU, CHAIRMAN. GOOD AFTERNOON.

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DAVID FECTO WITH THE CITY PLANNING COMMISSION. CHAIRMAN AND BOARD MEMBERS, THE COMPREHENSIVE PLAN

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recommends a change in zoning at this location from i2 general industrial to irmx industrial and

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residential mixed use the city rezoned this neighborhood in 1985 and a council supported

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map change the proposed uses would be either allowed or allowed with a special exception

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in the proposed zoning district these uses are in keeping with the uses that a reasonable

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a reasonable person would expect to find in a commercial corridor the proposal for not providing

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parking is necessitated by the current building covering 100 of the lot providing parking would

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be impractical the city planning commission recommends the board grant all proposed use

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and parking variances thank you mi 2025 001 822 1924 to 36 washington avenue i vote yes would

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proviso commercial trash pickup daily my vote is yes with proviso cheryl gaston my vote is yes

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with proviso tennetta graham my vote is yes with proviso ryan mcadams my vote is yes with proviso

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iowen my vote is yes with proviso thank you council thank you members of the board

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uh is there anyone in the audience who uh 2 p.m case has not been called

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i do not see any hands mr chair we're going to take a five minute break

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mr altieri you'll be first most of it's going to be reading off

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some continuations but you'll be first

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michael everybody

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good afternoon everyone my name is bill bergen i will be chairing this meeting of the zoning board

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of adjustment. With me is our board member

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Cheryl L. Gaston. Present Mr. Chairman.

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Our board member Tenetta Graham. Present Mr. Chairman.

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Board member Michael Johns. Present Mr. Chairman.

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Board member Taya Nguyen. Present Mr. Chairman.

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Board member Ryan McAdams. Present Mr. Chairman.

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Also here is our board attorney Hillary Emerson

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and our zoning board director Ane Haggerty.

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Recording of this hearing will be posted on the ZBA website

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by participating you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in person, or if you're called to speak,

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you must state and spell your name and then wait to be sworn in.

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Once you've been sworn in, please state your name each time before beginning your testimony.

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Any person may enter their appearance to become an interested party to a case.

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There are three ways to enter your appearance.

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One, you can identify the case property address on your Zoom webinar.

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Two, you can see a staff member.

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And three, you can call the ZBA appearance line by the close of business tomorrow, call 267-270-5548, leave a message that includes your email address and the address of the property of the appeal case.

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The following guidance is for our remote attendees.

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First, when directed by the chair, you must raise your virtual hand in order to be recognized to speak.

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Second, if you're called to testify, you'll be prompted to join as a panelist.

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Please accept the request and turn on your camera.

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A.

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Fourth, if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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Press star 90, raise your hand, and star 6 to unmute.

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Let's look at our schedule for this afternoon.

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Let's look at our schedule.

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Number one, MI 2021-003-878-6019-35 North 5th Street.

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That case is continued to 2-18-26 at 3.30 p.m.

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Number two, MI 2022, 001-797-2600 Montgomery Avenue.

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Ian, do you want this the same day too?

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Okay, thank you.

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That case is continued to 2-18-26 at 3.30 p.m.

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Number three, MI 2022, 004-033-2235 Cecil B. Moore Avenue.

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That case is continued to 2-18-26 at 3-30.

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Number four, MI 2023-000084-2007 South 10th Street.

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That case is continued to 2-18-26 at 3-30 p.m.

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Number five, MI 2023-002-106-7401 Edmond Street.

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That case is continued to 2-18-26 at 3.30 p.m.

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Number six, MI 2023-002-607, 3336 North 17th Street.

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That case is continued to 2-18-26 at 3.30 p.m.

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And number 8, MI 2024-003-936-8132 Lister Street.

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That case is continued to 2-18-26 at 3.30 p.m.

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And number 9, MI 2024-006-896-2400 Montgomery Avenue.

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That case is continued to October 1st at 9.30 a.m.

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At number 10, MI 2025-001-086-90 Red Lion Road, that case is continued to 2-18-26 at 3.30 p.m.

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Mr. Chair, 90 Red Lion Road was a continuance request attorney moving party.

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I'm sorry. MI 2025-001-086-90 Red Line Road. That is a continued attorney moving party.

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Okay, here we go.

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Number seven, MI 2024-003-930-11101 Academy Road.

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Leonard Alteri is the attorney.

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Mr. Alteri, could you please state your name and spell for this phonographer?

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Yes, thank you very much, Mr. Chairman.

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Leonard Altieri, L-E-O-N-A-R-D, Altieri, A-L-T-I-E-R-I, with the law firm of Claire Harrison Harvey

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

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I do. Could you identify your client in relationship to the property?

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My client is Archbishop Ryan High Schooler of the Archdiocese of Philadelphia,

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and the property is 111-01 Academy Road, sir.

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All right. Okay. Board member Graham has a few questions for you.

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Good afternoon. Have you submitted your documents five days in advance of the hearing?

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I have.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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I do.

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All right. Thank you. You may share your screen and proceed.

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And we also have a recommendation of support from Millbrook Civic Association. Nine votes in support.

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Thank you very much, Mr. Chairman and members of the board.

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Again, this is the property at 11101 Academy Road, which is the Archbishop Ryan High School.

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An aerial view, again, just to familiarize the board with Archbishop Ryan, located right

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off of Academy Road, the property itself is located in the RSA4 residential single family

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attached zoning district and is subjected to five overlay districts, which are not necessarily

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applicable to an extent.

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What we are seeking this afternoon is a variance for the installation of one double-sided, freestanding, illuminated sign.

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This is the subject property from Academy Road.

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Here's another angle from Academy Road.

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Again, the zoning map showing that it is in the RSA4 zoning district.

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And this is what the proposed sign is going to look like.

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The sign itself will be illuminated.

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It will rotate every 15 seconds with new imagery.

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It will not be illuminated during the hours of 11 p.m. to 6 a.m.

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during the hours of 11 p.m. to 6 a.m., so we'll be off during that time. With regards to brightness,

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So we'll be off during that time.

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it's one of the new photo-centric cells, so the brighter it is, the darker it gets. The darker it

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is, the brighter it will get. The sign will advertise just news related to Archbishop Ryan

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High School, whether it's showcasing and publicizing the achievements of students,

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letting residents and students know news and events. That is the primary purpose of what the

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sign is. With regards to the placement of the sign, as you see on the screen right now,

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it is essentially where this black cursor, this black Sharpie marker is

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in front of the high school. In another angle, you can see right here where my cursor is kind

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of like a divot. That is actually where we are going to be running the conduit and the base of

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sign will be located here's another angle right here and then lastly looking directly on from

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academy road we did receive a refusal for this because of both the electronic bill electronic

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sign is not permitted in the zoning district and then also one for height and one for square

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footage of the maximum sign area we are allowed seven feet we're proposing our sign to be 15 feet

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And then with regards to square face, the square footage of the sign face, we're permitted 15 square feet, and we're seeking 66.21 square feet.

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As the chairman did say, we did meet with the Millbrook Civic Association back on August 6th.

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They were very accommodating, despite the fact that they normally don't meet in the summer, so we're appreciative of that.

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There were 10 members that were present.

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Nine of them voted in favor.

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One vote was an abstention because it was a member of the councilman's staff.

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With that being said, Mr. Chairman, I do have Mr. Ed Hughes from the school, who is going

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to be my witness to adopt my testimony.

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Mr. Hughes, could you please state your name and spell for the stenographer?

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Yes, Mr. Chairman.

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My name is Ed Hughes, E-D-H-U-G-H-E-S.

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

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I do.

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Please proceed, counsel.

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Thank you very much.

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Mr. Hughes, were you present while I made this testimony?

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I was.

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And is everything accurate to the best of your knowledge, information, and belief?

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Yes.

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And if I called you to testify, would you have adopted that testimony as your own?

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I will.

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I have no further questions, Mr. Chairman.

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Questions from the board.

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