civus
Hearing video

ZBA Hearing - January 22, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 22, 20257h 43m

Do the basement already have it set up for two units?

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No, no, the basement is not a unit.

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It's just a regular...

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Is it set up with the utilities?

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Oh, yes, yes, yes.

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The utility, the gas,

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each unit have their own

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high water tank.

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Everything is separated.

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As I indicated,

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my client, upon purchasing this property,

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talking to the prior owner,

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talking to the realtor,

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talking to the appraisal

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and the loan officer,

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this has been a duplex

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for over 30 years.

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and i believe my client my client was yes um one are there separate pico meters you mentioned

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every utility except for electric yes pico i'm sorry um i'm sorry i'm in delaware county

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and waters what you're saying everything separate everything is separated correct

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um and then i just at purchase um did you do what did you run title

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well i didn't represent her at closing but i'm sure that title work was done she's on the call

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though so yeah yeah she's on the call um i'm sure title was done um could she answer yes okay and

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what did your title search say um i'm not sure i might be able to pull it up or i could send it

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that's okay did you get title insurance i do have title insurance okay um i'm just my concern is

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that all of the documents for this call

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it a four-bedroom, one-bath, single-family

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home going back in all the zoning records

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for the city of Philadelphia.

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So understanding that that's

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different than the as-built

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condition, I do feel like

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there was enough information on the internet, I did

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it while you were presenting, to

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determine that this was not

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a two-unit

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legally.

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So, I don't know.

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I'm just trying to understand. Do you have any

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sense of how many other duplexes are already on that existing block are you asking me yes or any

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either of you so there's a duplex directly across the driveway from me um and i believe there's two

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more there's there's like every other house is a duplex and then when you had the rco meeting

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is a duplex. And then when you had the RCO

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meeting, did any of your, like, adjacent

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or nearby neighbors come and express their support?

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I don't believe so, no, not to my recollection. Nobody

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from the block attended the RCO meeting.

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Can we see a copy of the RCO letter?

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Sure.

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So the meeting was on December 17.

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So it shows 15 in support and no one opposed.

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I guess, Ms. Gallagher, do you intend to remain in one of the units?

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Yes.

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Any other questions from the board?

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Questions or comments from our attorney, Ryan McSherry?

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Yes, Mr. Chair.

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I would just like to note that although there was a letter of unanimous support from the 10th Ward Democratic Committee,

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it did contain unenforceable provisos. However, we could require a certificate of occupancy

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to address the RCO's concerns. Thank you. Questions or comments in the virtual audience?

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I see no hands at this time, Chair. Planning Commission.

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

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please proceed i think your mic needs to be on

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thank you okay the comprehensive plan recommends no changes to the existing residential single

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family zoning the appellant has supported their hardship claim with evidence of unique

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physical circumstances or conditions of the property the city planning commission recommends

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that the zoning board grant the variance for two-family household living mi 2024 005 582 1550

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winsome street i vote yes with proviso obtain a certificate of occupancy prior michael johns my

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

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with proviso.

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My vote is yes

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with proviso.

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Ishmael Shaheed,

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my vote is yes

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with proviso.

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Thank you, counsel.

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Thank you.

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Number four.

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MI 2024

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002 349

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2837

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to 39

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Wesley I Avenue.

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Joseph Vaccaro

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is the attorney.

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Joseph Vaccaro

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will be rejoining us

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as a penalist.

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can you hear me i can mr vicaro thank you could you please state your name and spell for the

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stenographer good afternoon may please the board my name is joseph vicaro v-a-c-c-a-r-o and i'm the

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attorney for jose rodriguez and manuel rodriguez i have jose rodriguez sitting behind the computer

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in my office okay uh hold on do you swear or affirm to tell the truth the whole truth and

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nothing but the truth yes i do and could you uh hold on for a few questions from our vice chair

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good evening counsel do you agree to weigh the reading of the refusal or stipulate

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to its accuracy yes i do have you emailed in all the required documents and exhibits as needed to

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proceed with this case five days in advance of this hearing? Yes. Thank you, counsel. Please

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proceed and you may share your screen. Okay, thank you very much. If I may share my screen,

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this is an application to legalize four apartments in this already existing building.

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can you see we we see uh yes okay we don't see now oh oh dear okay see it now yep yes okay fine

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so i'll start from the beginning my client jose and his brother manuel had purchased this building

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which was built circa 1915 in 2021.

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It already contained the four apartments

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on the second and third floor,

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which we're trying to legalize.

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Jose and Manuel operate a first-floor grocery store, so this is a three-floor building.

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Jose and Manuel operate a first floor grocery store.

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So this...

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There's a grocery store, which they operate on the first floor, and the four units, which

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we are trying to legalize, are on the second and third floor.

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Scrolling down, we have the refusal with the application to the zoning board with the project

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information form, proof of mailing of our notice to the near neighbors.

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we just passed the letter this is the letter that we sent to the near neighbors with proof of mailing

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try not to scroll too fast so i don't miss any of the important exhibits

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i'd like to focus on there we go so this is a schematic drawing of the building this shows the

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The basement, my character is over the basement, if you can see.

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The basement is used for storage pertaining to the grocery store.

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The building measures approximately 60 feet on the 29th Street side and 50 feet on the Lehigh Street side.

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It's a quarter building.

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What we have, unit one consists of two floors. Unit one consists of two floors.

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my the entrance to all four units would be from lehigh avenue and this is the my cursor is over

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the main entrance where you would take the steps going up to the second floor and then there's a

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hallway with additional steps going up to the third floor um with respect to unit one my cursor

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is over unit one. This is, and it's actually labeled unit one here, unit one consists of

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two floors. So this is the bottom part of unit one, which is on the second floor. And

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then this is the top part of unit one, which is on the third floor. Going back to the second

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floor, we have unit two, and my cursor is over unit two. And that consists of a two

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bedroom apartment with a family area and a kitchen and bathroom. Here's the kitchen area

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with the bathroom. And then unit three, my cursor is over unit three. That is another

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two bedroom apartment, bedroom one, bedroom two, with a kitchen and bathroom area.

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On the third floor, you have unit four. Unit four is a four bedroom unit, bedroom number four,

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three kitchen family area hallway bathroom bedroom one and bedroom two this is all unit four

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and then as i indicated earlier this is the second floor of unit one uh which can which is a two

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bedroom apartment this is the view from lehigh avenue again the supermarket which my client

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operates is here. This is the entrance that I described earlier. Unit 1 consists of these two

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floors. This area where my cursor is now was Unit 2. Unit 3 would be in the back. And then this

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would be Unit 4. And this is the 29th Street side. Trash would be stored in the back

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along with the grocery store trash.

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My client is not an absentee landlord.

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He'd be at the site every day along with his brother

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operating the grocery store.

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So there's free and easy communication

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between the landlord and the tenants.

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If any issues come up, they'd be resolved immediately.

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So far, there are no issues.

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What happened was back in 2021, when my clients had purchased the property, it already was constructed in that area, in that way.

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So they didn't realize that the property was not properly zoned for these four units.

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And we're here trying to correct what the previous owner should have done, should have been doing.

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This is an outside photo.

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This is the Lehigh Avenue side.

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Photo of the store.

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this is again the lehigh avenue side

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this is the corner my cursor where the windows are that's lehigh avenue where the bricks

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My cursor, where the windows are, that's Lehigh Avenue, where the bricks are, that's the 29th Street side.

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This is the 29th Street side.

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This is an inside bathroom of one of the units.

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The following photos are of the inside of the units.

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They're already being occupied.

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This is the front door to one of the units.

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This is the unit one, the unit that consists of two floors.

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one of the kitchens

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scroll down some more

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another restroom another bedroom

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this looks this is a living room

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another kitchen this fire suppression uh fire alarm system

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So, this is a view from the roof of one of the fire escapes coming out of unit number three.

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So, it's a means of escape.

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This is a view from the back on the 29th Street side.

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You have one balcony and another balcony.

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Again, these are not terraces.

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These are not balconies only for escape purposes in case there's a fire.

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We had shown this document, this page from the OPA, but we had emailed to the board's council proof that my client did indeed pay the outstanding real estate taxes.

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So I don't know why it's still showing that there's a negative balance, but we did submit to the board's council that the tax issue, that he is compliant with his taxes.

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And we've also included the residential leases or the proposed residential leases for the units.

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And we have the letter of non-opposition, if I could pull up that letter.

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that's the proof of payment

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I'm sorry

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can you see that letter

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no

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okay I'll stop sharing

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and then I'll start sharing

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the letter

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can you see it now

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yes

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Okay. Here's the letter of non-opposition. We had a Zoom meeting with the RCO, Strawberry Mansion. I do have Jose Rodriguez. He's sitting to my left, but as I was saying earlier, he speaks Spanish. So I would ask the board to accept my testimony as if he were, as if he were testifying.

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And you communicated with him. You understand everything.

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Yes, I do.

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All right. Questions from the board.

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Yes, I have a question.

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How many of the units are currently occupied?

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They're all currently occupied.

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Other questions?

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Mr. Vaccaro, did you notice the provisos that the RCO recommended?

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i'm looking for me i'm looking okay i didn't i didn't see any provisions so so so let me read

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it to you sure interior trash storage no household living in the basement and a sale to be must be

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obtained that's fine okay that's fine in insofar as the basement the basement's already being used

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for his grocery store.

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So he has no intention

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of using the basement

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for the tenants.

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I actually have another question.

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Has any construction work

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