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Hearing video

ZBA Hearing - May 11, 2022

Philadelphia Zoning Board of Adjustment (ZBA)May 11, 20224h 26m

community partner in all the neighborhoods in which he's open to business. So with that being

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said, I would like to call forward Mr. Ho just to adopt my testimony. Mr. Ho, could you state your

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name and spell, please, for the court reporter. Mr. Ho, if you're in the virtual audience,

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please raise your hand. Okay, he's been allowed to speak, sir.

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Could you state your name and spell for the court reporter, please?

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Hello, yes. My name is Sonny Ho, S-O-N-N-Y-H-O. Do you swear or affirm to tell the truth,

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the whole truth is nothing but the truth. Yes, I do. Proceed. Thank you, Mr. Chair. Sonny, did you

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get a chance to hear my testimony this afternoon? Yes, I did. And was everything that I said true

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and accurate? Yes. And do you wish to adopt my testimony as your own? Yes. Thank you. Members

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of the board also available is our project architect to the extent that anyone has any

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questions related to the zoning plan that was provided as part of my exhibit package?

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Questions from the board? No, Mr. Chairman. No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Sir, I have a Mr. Dillon Mahoney with their hand raised. I have another to speak.

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Mr. Mahoney, could you state your name and spell it please for the court reporter?

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Yes, sir.

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Dylan Mahoney, D-I-L-L-O-N-M-A-H-O-N-E-Y.

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

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I do.

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Proceed.

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

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Dylan Mahoney from the Office of Councilwoman Sherelle Parker.

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Our office received the letter of non-opposition from the 35th Ward RCO, and the Councilwoman is also not opposed to the project.

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Thank you.

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Thank you very much.

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any other comments from the virtual audience

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planning commission

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Planning Commission.

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I'm sorry.

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planning commission

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Planning Commission.

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David Fecto, City Planning Commission.

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Mr. Chairman and members of the Board, the comprehensive plan recommends no change to

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the commercial mixed-use zoning at this location.

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The applicant has shown that a takeout restaurant will have no more of an impact than a takeout

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restaurant would be expected to have, and so the City Planning Commission recommends

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the Board grant the special exception.

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Thank you.

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MI 2022-000765-5200 Whittaker Avenue, I vote yes.

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Carol Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Number nine.

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Thank you.

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MI-2022-001-064-6602 Haverford Avenue.

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Michael Mattione is the attorney.

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The RCO HMC Square did not take a position,

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but noted some concerns.

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Okay.

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Mr. Mattione has been promoted to panelist.

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Sir, he should be coming back in shortly.

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Okay.

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Good afternoon, Mr. Chairman.

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Could you state your name, please, and spell for the court reporter?

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Certainly. Michael Mattione. That's M-I-C-H-A-E-L-M-A-T-T-I-O-N-I.

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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.

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Could you identify your client and the relationship to this property?

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certainly the client is south 29th street partners llc and they are the owner of the

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property and gary farrell the principal is on and available today thank you our vice chair

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carol tennari has a few questions hi mr mattione do you agree to wave the reading of the refusal

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and stipulate to its accuracy i do have you emailed the exhibit packet with proof of ownership tax

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compliance a copy of the refusal or referral photos under plans of the property five days

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in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, I will be above.

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Great. You may proceed and share your screen.

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Thank you.

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And again, I'm Michael Matamoni, and I represent South 21th Street Partners, LLC,

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the owner of this property, and I have Gary Farrell available.

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As you can see, I have submitted exhibits in advance, including the tax clearance refusal, letter from HMC Squared Community Association coordinating RCO, letter of support from Congressman Brady, the leader of the 34th Democratic Ward Executive Committee, letter of support from the 34th Ward Republican Committee.

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Judge Pantapinto is the chair there, and letters of support from owners of 15 surrounding properties, including 6600, 6604, 6606, and 6608 Haverford Avenue,

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and a map showing all of the letters of support that are located with respect to the property in question.

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the survey, the site plan, floor plans, photographs, a map showing surrounding uses, affidavit of service of the RCO, meeting notice, and the deed.

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South 29th, again, is the owner of this property, and it has been vacant for a long time, and it is in a dilapidated condition.

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Just there's the RCO, coordinating RCO letter, the 34th Ward Democrat Executive Committee support letter from Congressman Brady, where he specifically says that he's in support and notes that this has been a vacant building, deteriorated for a long time and has become a blight.

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A letter of support from the 34th Republican Ward RCO, which, again, is signed by Judge Pantapinto, a resident in the area.

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And again, his support for the variants.

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Map showing all of the supporting letters.

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This is the project.

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And the neighboring properties all around on Haverford Avenue all support the project.

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I'd like to show some site photographs.

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This is the building.

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As you can see, it's got a seafood store next to it.

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It's got a CVS across 66th Street.

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Next to it again, you have a roofing company and what appears to be a residential structure.

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And what appears to be a residential structure in the rear of the property, which is accessible by a vacant street, we would add two parking spaces.

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I'll get to that in a minute.

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That's just to show the context.

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And there's the roofing company that's on the other side and their back.

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They use that for their trucks and other equipment.

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Again, here's the front.

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This is the building.

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This is the roofing company.

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This is the building.

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that's the italian american social club um a very large building on the block uh just again

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showing the property and then showing uh surrounding properties the roofing company

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next door which one is that which one is the property right there the white one

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building the three-story building the larger building got it and then yeah that's us sorry

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for that confusion um and then if you go in the back again there's the roofing company again

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their rear and there's the non-american social club going farther down the block you'll see

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there is a church again the church another shot of the church and farther down is a daycare center

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which is legal for eight residential units above the daycare center that's all in an rsa3 zone

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district. Again, we are seeking

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back up to the refusal. We were refused because we were seeking to go from the four units that

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this was last used for up to six units. I'll explain that in a minute. And because we are

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going, while there are no parking spaces at all at the property now, we propose to add two parking

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spaces, but if we have six units, six parking spaces are required. So, and it's just a survey

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of the property. It's a long lot. It's about 3,800 square feet, and down at the end of the lot,

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you can see Adams Street. It's not legally open, but it exists, and again, the roofing company over

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here, they park off of Adams Street. We would add two parking spaces off of Adams Street.

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if you look at the site plan this is where the existing structure is today let me move that over

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a little that's the existing structure three-story structure and it's been last used as four units we

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would add an addition and add two additional units to preserve the structure not change the

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front other than clean it up not change the existing 33 foot height again add two parking

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spaces. We do have come down to the floor plans. We have a trash area in the back, which would be

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accessed off of 66th Street. We have a one-bedroom unit in the front, one-bedroom unit in the back

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on the first floor. On the second floor, it would be a two-bedroom unit, two-bedroom unit in the

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front, there's the front door to it, and a one-bedroom unit in the back. And on the third

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floor, again, a two-bedroom unit in the front and a one-bedroom unit in the back. All the units have

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a little outdoor area, a little balcony space attached to them. Again, this property has been

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vacant for a long time. It's a 3,975 square foot lot. If you look at the zoning map, this part,

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which has the seafood store, our building, the roofing company, the Italian American club,

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the church, and the daycare center with eight residential units, for some reason, is on RSA3.

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We're surrounded by either RM1 or CMX2 or the CA2, which is a large grocery store

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with a lot of parking.

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So the zoning really doesn't make a lot of sense

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given the uses that are here.

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Much larger properties, none of them are residential.

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We're proposing to keep ours residential

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and go from four to six

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to allow the cashflow necessary to do the renovations

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to save this really unique building.

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Again, you can see on Haverford Avenue

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what uses we have here.

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the seafood company, our site, the roofing company,

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social club, the church, and the daycare farther up.

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Again, that's the property.

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We hope to be able to preserve it.

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It is dilapidated.

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That was noted by Congressman Brady

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in his letter of support.

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Also, the units are larger than 600 square feet.

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We would access it for the two parking spaces.

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Again, we're going from four to six units if this were to be granted, and the two new units would each have one-to-one parking, but there is nowhere to put any other parking.

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And the two new units would each have one-to-one parking, but there is nowhere to put any other parking.

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So you could not have six parking spaces.

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And this has long existed as a four-unit structure with no parking.

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And I also have Gary Farrell, who is a CPA, and he is the developer.

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And he prepared a cash flow analysis.

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And he showed that doing the renovations necessary to make this a modern structure with modern safety features as a four-unit structure just doesn't work.

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As a six-unit structure, it works financially, but it is by no means a windfall.

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I will have Mr. Farrell answer a few questions about that, but his cash flow analyses are in the materials provided, and he will explain them.

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So this property cannot be used as a single-family structure, cannot be redeveloped even with the four units that it has long been.

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We're requesting the two units.

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It's a really, Mr. Farrell will explain, really expensive to come in and add sprinklers and other life safety features to this building.

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And to deal with four units, it just doesn't work.

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The variances will allow this property to be redeveloped and keep the original building and just have an addition on it.

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We meet all of the dimensional requirements.

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We're only 33 feet.

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You can be 38.

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It's a 3,900-square-foot lot.

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We have a 20-foot rear yard.

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actually, I believe it's 50 foot rear yard,

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but we well exceed what's required.

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We have the open area that's required.

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Again, it's surrounded.

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If this were across the street in the RM1 zoning district,

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you could have eight units here with no parking

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because we happen to be on the side of the street

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that for some reason is owned RSA3.

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We're required to have one-to-one parking,

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but you couldn't have one-to-one parking here.

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And it doesn't have it with the four units

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that presently exist.

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So again, the requested variances will have no impact on the surrounding non-conforming

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structures such as the seafood company and roofing company.

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It will not be detrimental to the public welfare.

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They'll provide for the renovation of this dilapidated structure and maintain the architectural

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character of the community.

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It will decrease the likelihood of fire and other public health threats by having a building

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in compliance with modern safety features.

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Again, it's five foot lower than the permitted height, so it will not have any adverse impact on light and air to surrounding properties.

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It will not have an adverse impact on public facilities.

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We're even adding parking where none exists, and it will make environmental problems less likely.

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You've got an older building.

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It probably has lead paint in it, may even have asbestos.

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All that would go away, and the building would be preserved.

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So we believe that the requested variances are proper and should be done.

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I would like to call on Gary Farrow, if he may be promoted.

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Mr. Farrell, state your name, please, and spell for the court reporter.

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Mr. Farrell, you're free to speak. Please unmute.

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Could you state your name and spell for the court reporter, please?

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Mr. Farrell

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can hear me yes could you state your name please and spell for the court reporter

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Gary Farrell G-A-R-Y-F-A-R-R-E-L-L do you swear for him to tell the truth the whole truth and

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nothing but the truth yes proceed thank you Mr. Chairman and Gary are you a CPA yes and do prepare

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the cash flow analyses in Exhibit 10A and 10B? Yes, I did. And is Exhibit 10A on the screen now?

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Yes. And in your opinion, both as a developer and a CPA, is this renovation project feasible

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as a single family residence? No, it is not due to the cost of bringing the fire life and safety,

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