civus
Hearing video

ZBA Hearing - June 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 21, 20221h 1m

Okay.

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Okay, are we on the record, sir?

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I am.

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I'm ready.

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Yes.

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Court reporter will begin shortly as we allow all to come in.

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We'll begin shortly.

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Okay.

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Thank you.

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Thank you.

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And Chair, we have 28 attendees.

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We can start when you wish.

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Thank you.

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Good morning.

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My name is Bill Bourbon, and I will be chairing this morning the EPA hearing.

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With me is Carol Tenere, our Vice Chair.

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President, Mr. Chairman.

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Ismail Shahid, our Board Secretary.

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President, Mr. Chairman.

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And Thomas Holliman, our Board Member.

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President, Mr. Chairman.

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Also, here is our Executive Director, Tanya Sunkit, and our Board Attorney, Hillary Emerson.

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Before we start, here's our virtual format.

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Be advised these proceedings are being recorded. By participating, you acknowledge your agreement

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to be recorded. A video will be available by contacting TanyaSunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify

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themselves before testifying. If you're participating by phone, if you wish to testify,

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press star 9 to raise your hand and star 6 to unmute. To enter an appearance statement, call

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267-270-5548. Leave your email and the address of the property in question.

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And last, please note the question answer box on the screen is not for testimony or comments.

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Any comments have to be directed for our Executive Director, Tanya Sunkit.

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So let's look at this morning's continuances.

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Number four, MI 2021-005-417, 1400 to 38 North Howard Street.

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number five mi 2021 005 316 1630 31 church lane number six mi 2021 004 659 21 26 east lehigh

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Avenue. Number seven, MI 2022, 000305, 2625 to 33 Jefferson Street. And number

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7. Hold on one minute. Number 12 MI 2021 003 169 90 Rochelle Avenue. All those cases are being

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continued. If anyone in the virtual audience has a comment about any of those cases, please let me

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know. Good morning, Mr. Bergman. This is Jason Hand. Yes. I do not see any hands raised at this

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time, sir. Thank you. Number 10, MI 2021-003-788. Would Mr. Saverin and Mr. Richardson please get on,

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please. Mr. Chair, to clarify, that's 5951 Kemble Avenue. Yeah, I'm sorry. MI 2021-003-788-5951

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Kimball Avenue. Mr. Saverin. Good morning, Mr. Chairman. Hi, Mr. Saverin. Is this okay for

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the continuance on this case? I'll be coming back in, sir. Okay. Good morning. Yes. So we have a

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wait one minute that if you're going to say, do you swear for him to tell the truth, the whole

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truth nothing but the truth yes i do and spill your name for the court reporter please b-r-a-n-d-o-n

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B-R-A-N-D-O-N, S as in Sam, A, V as in Victor, R-A-N.

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s as in sam

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Are we okay for it continues for this case?

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Yes.

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Okay, thank you.

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Number 10, MI 2021-003-788 will be continued.

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Thank you very much, sir.

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Thank you.

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and then number nine mi 2021 001 951 54 west rod avenue this case is withdrawn

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and number 13 mi 2022 0000 54 934 to 44 east panashawk avenue that case is withdrawn

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is there any comments about the cases that are withdrawn

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i do not see any hands sir okay we're going to go to the regular list

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mi 2022 003 379 1008 addison avenue reed boyton

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is pro se we have a letter of uh non-opposition from washington square west civic association

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and councilman squill is in non-opposition mr boyden has been promoted panelists he'll be

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joining us right now hi there good morning mr boyden could you spell your name for our court

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reporter, please. Sure, it's R-E-E-D-B-O-Y-D-E-N. Do you swear our firm to tell the truth, the whole

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truth, nothing but the truth? Yes, I do. Okay, our vice chair has a few questions. Sure. Hi, good morning,

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sir. Have you emailed the exhibit packet with the required documents, proof of ownership, tax

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compliance, refusal or referral, photos and or plans of the property five days in advance of this

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hearing and have you met with the rco and do you have a letter yes i sent the exhibits last

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tuesday i believe and my rco meeting was the original one from before the reconsideration

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i forget when that took place but it did happen okay great thank you you may proceed

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excuse me one minute this is hillary yes can you read the um refusal into the record please thank

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Thank you. Yes. Do you want the application read in as well?

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Just read the language from the refusal.

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I can't find.

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I have it. I got it.

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For the erection of a roof deck above the previously approved edition and for the increase in size of previously approved roof deck above the existing semi-detached structure.

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Size and location is shown in the application plans.

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the proposed use is refused for minimum front setback for roof decks five feet required zero

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feet proposed and mr chair this is hillary again i just is for the this proposed juice is refused

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for minimum front setback for roof decks five feet required zero feet proposed

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and this is yes um so i just wanted to know as this is a reconsideration hearing the testimony

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and record from the prior hearing

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are incorporated into this one.

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Thank you.

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So, we're ready.

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Share a screen.

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Great, I'll share my screen.

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Thank you.

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So, as you guys just mentioned,

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this is a reconsideration hearing

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where we're requesting exemption

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from a five-foot setback

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that's required for roof decks.

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So, I'll quickly flip through some of these. This is the exhibit packet that I included last week. So, we have the refusal itself. We have the actual application. The PIF is included. Our deed. A letter from my co-owner, Marjorie Miller.

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certificate of tax compliance and the posting for the property i posted the zoning notice

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and the refusal out in front of the house had it out there for i think it was 14 days for a

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for a reconsideration hearing and now to jump into the actual work i'll pull up the original

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zoning plans that were submitted with this application there have been some alterations

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since then, but originally we were proposing a roof access staircase from our third-story roof

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deck up to a proposed fourth-story roof deck, but the staircase was located inside of the required

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but the staircase was located inside of the required five-foot setback.

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five-foot setback.

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So there was a little bit of pushback during the RCO meeting with some neighbors,

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as well as on the previous ZBA hearing.

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So this was denied.

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I requested reconsideration, and now this is the reconsideration hearing.

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Here's a side view, the staircase on the north end,

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and the front view, staircase on the north end.

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As I mentioned, there has been a little bit of a change since this original permit, so we actually submitted a separate permit, so zoning and building permits, which are here, where we moved the staircase.

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So instead of having it on the north end within the five-foot setback, we moved the staircase to the south end to access the new fourth-story roof deck.

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So this was a separate permit that was approved. We've already completed the work,

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as you'll see in some of the pictures, and the permits have been closed out.

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So this brings me to the revised plans for this permit.

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I have the proviso plan form that I filled out,

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and I updated the plans for this permit by removing the staircase along the north end

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so there's no longer a staircase within this five-foot setback and I removed the fourth

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the fourth story roof deck from this permit as well since it was covered in the other one

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so just those two changes the staircase and the fourth story roof deck excuse me

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so that just leaves the only thing that we're requesting in this permit is exemption from that

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five foot setback we're not proposing any physical alterations no staircase no roof deck

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that has all been covered and approved in another permit

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uh now to give you and feel free to jump in with questions if you have any

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but i'll show you some photos of the property just to give you an idea of what this looks like

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here's a photo of the front of the house you can see the parapet wall this this blue wall here

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is the parapet wall on the front end of the third floor roof deck and you can see a little bit of

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the railing that's on the front of the fourth story roof deck which has a five foot setback

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now if we jump up to the actual third story so this was the third third store edition

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third story edition that we added at the end of last year as part of a different permit.

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But just to give you an idea, this is the third story. It looks out on the third story roof deck.

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You can see out the door there. Same thing here. And if we jump outside, this is the third story

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roof deck with the third story edition. And you can see the staircase that's now on the south end

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of the house that accesses the fourth floor roof deck. And a view from the fourth level,

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here's the fourth story roof deck. So this work has already been completed, closed out,

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approved by L&I. So again, the only thing that we are requesting as a part of this permit is

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for this rectangle area up here to be reclassified as a roof deck instead of a non-roof deck.

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Since there's already this solid parapet wall that you can see on the right side, there's no physical alterations that are needed for this.

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We won't have to put up another railing or anything.

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It's simply just a technical classification of this area as a non-roofdeck changing to a roofdeck.

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Thank you, Mr. Boynton.

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Any questions from the board?

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No, Mr. Chair.

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Questions or comments from the virtual audience?

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i do not see any hands mr chair my planning commission

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morning this is uh ron bednar city planning first name ron r-o-n last name bednar b-e-d-n-a-r

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do you swear a firm to tell the truth the whole truth nothing but the truth i do proceed please

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so this property is indicated for residential use on the city plan based on the revised plans

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We recommend, of course, advance to be granted.

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MI 2022-003-379-1008 Addison Street.

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I vote yes with revised plans, three pages, stamped June 21st, 2022.

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Harold Tenere, my vote is yes with proviso.

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Thomas Holland, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes for provisor.

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Ishmael Shahi, my vote is yes for provisor.

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Thank you, Mr. Boynton.

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Thank you, Mr.

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Great, thank you, everyone.

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Okay.

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You're welcome.

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This is beautiful.

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MI 2022-000273-1238-46 Belmont Avenue.

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Michael Mattione is the attorney.

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Letter of support from Councilman Curtis Jones.

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A letter of support from Parkside Association of Philadelphia.

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Mr. Mattione will be rejoining as a panelist, sir.

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Good morning, Mr. Chairman.

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Good morning, Mr. Mattione.

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

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Sure.

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

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All right.

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Do you swear for them 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 the property?

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Yes.

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It's Haverford Square slash Belmont LLC, and they are now the owner of the property.

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Thank you.

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Our Vice Chair, Carl Tenere, has a few questions.

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Sure.

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Good morning, Mr. Matione.

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

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Yes.

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Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes to everything.

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Okay, you may proceed and please share your screen.

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Thank you.

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Thank you.

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okay again um i'm representing haverford square slash belmont llc who is now the owner of the

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property and i do have german yakaba principal on as well and as we discussed we did submit

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excuse me the tax clearance the refusal support letter from parkside association the coordinating

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RCO, support letter from Councilmember Curtis Jones, the site plan, floor plans, renderings,

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zoning map for the area, photographs of the site and the surrounding properties, and deed

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and the affidavit of service of notice for the RCO meeting showing letters sent to 21

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nearby neighbors this project is on the um let me just go down and you see we have the support

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letter from the rco and it was a 14 to nothing everyone attending supported the application

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and we do have a support letter as well from council member curtis jones and he he said

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And again, he joins the Parkside Association and nearby neighbors in supporting the project.

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So this project is on the edge of an industrial zone area.

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It's a transition area from residential uses to Fairmount Park.

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It's on Belmont Avenue and Belmont Avenue at top West Thompson Street.

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This is the site.

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It's a large site. It has an existing cell phone tower in the rear of the site that we can't move.

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We have a long-term lease, so we're stuck with it.

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So we have the building on the front and an outdoor area that surrounds the cell phone tower for use by the people living in the property.

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