civus
Hearing video

ZBA Hearing - November 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20214h 45m

of the record, do I do the original MI and this number as well? No, you would only be voting today

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on this. On the numbers you gave me just now, correct? Yes, that's correct. Thank you. MI 2021-003743,

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is that correct? Sharon? It's MI-2021-003743, correct. 3743, okay.

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6134-46 Rare Wayne Avenue, my vote is to deny the appeal.

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Professor Plaza, appeal denied

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Thomas Holliman, appeal denied

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James Snell, appeal denied

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and thank you that concludes the morning list excuse me chair i'm not sure we do have to

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Thank you, that concludes the morning list

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Excuse me, Chair, I'm not sure we do

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schedule a second hearing for the variance part of this miss sunkit do we have a date or is that

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something that will be scheduled later my question to rachel is that everything done and you're ready

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to proceed um not today but as soon as available yes november the 16th thank you very much at

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at 9 30? I'll still be here on the 16th. Okay. Yeah, Mr. Chair. 16th at 9 30. I mean, sorry,

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two o'clock. Okay. Thank you. Thank you very much. We have in the record that we have not received

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any of the submissions that the applicant has submitted to the board. We don't have a letter

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from SEPTA around the easement.

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We don't have a list of witnesses.

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Mr. Masters, we will get all email.

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You'll provide everything?

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Yes, we will be ready to do that.

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And if you'd like, you can email us requests,

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but I think you'll be satisfied with our packet

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going into the variance hearing.

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We just provide them with a list of the information you need

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and they'll provide it.

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There's just been a pattern of not providing that to us

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until the very last moment.

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Well, they're on record now telling us that they will.

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We will provide it within five days of the hearing.

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If they don't, you'll raise that at the next hearing.

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Thank you.

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Okay.

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Thank you all.

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All right.

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Thank you.

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Thank you.

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Excuse me.

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You're muted.

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I'm sorry.

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To the board, we'll be back at 1.45 for an executive session.

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All right.

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I will send out invitations to that session.

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Thank you, Sharon.

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Okay.

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Thank you.

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And Yvette is still the administrator today?

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Yes, Chair.

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Okay, let us know when you're ready.

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We're ready now, Chair. We have 22 attendees in the room.

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Thank you. Good afternoon, everyone. My name is Frank DiCicco. I'm the Chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our Board Secretary, Mr. Professor Plaza.

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Professor?

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My apologies. We've been so present.

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No problem. Board Member, Mr. Thomas Holloman?

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Present.

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And board member, Mr. James Snell.

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Present.

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Our board administrator, Ms. Yvette Benton, and our board attorney, Ms. Sharon Saleta,

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are also in attendance, as is our zoning board administrator, Ms. Tanya Sunkett.

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For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded and that the recording will be made available to the public by contacting Ms. Tanya Sunkett at tanya.sunkett at phila.gov.

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if anyone if you're participating by phone and you wish to testify you must raise your hand by

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hitting star nine and then star six to unmute yourself i'll repeat for anyone participating

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by phone if you wish to testify you must raise your hand by hitting star nine and then star six

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to unmute yourself. Finally, to enter an appearance statement, call Google number 267-270-5548

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and leave your email address and the address of the property at issue. And I'll repeat that.

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For anyone participating by phone, excuse me, to make an appearance statement, call Google number

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two six seven two seven zero five five four eight and leave your email address and the address of

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the property at issue and i'd also like to remind everyone please do not attempt to testify in the

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chat comments questions and issues of concern should be directed to ms yvette benton or board

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administrator this afternoon having said that i will read off the add-ons of the two o'clock list

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MI 2021-001896. 1221 West Allegheny Avenue. This was a resumption hearing. We were waiting for a letter from the RCO, which we have received.

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This was a resumption hearing.

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We were waiting for a letter from the RCO, which we have received.

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My vote is yes.

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With the proviso, revised plan, one page approved today.

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Professor Plaza, yes, with proviso.

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Thomas Holloman, yes, with proviso.

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James Snell, yes, with proviso.

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So number two on our add-on list, MI 2021-002399, 1241 North 28th Street.

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We were holding this for a letter from the RCO, which we have received.

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My vote is yes.

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Confessor Plaza, yes.

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Thomas Holloman, yes.

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James Snell, yes.

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i'm sorry chair this is tanya i hate to interrupt but were we supposed to read the record the the

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letter on record sorry was i supposed to read it yes i believe so you're right i apologize yep

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thank you kindly

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Okay, the letter, I'll read into the letter, has to do with, hold on, where is it?

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There you go.

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So if I could ask if we can go back to 1221 Wesley High Avenue first and read that email slash letter into the record and then vote.

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And then we have a letter for the second one as well.

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Okay, as it relates to, correct me if I'm wrong, as it relates to MI 2021, that is 001-896-1221 West Lehigh Avenue. I'm reading the letter into the record, Tanya, is that correct?

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Yes, the information that's right under your add-on that you received from Ms. Saleta.

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email from norman wooten yes 12th and cambria advisory board uh we and this is the part of

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this is the body of the letter we did have a second meet community meeting and the owner

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agreed not to have the entrance to the two units in back on seltzer street he also agreed to a

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community benefits agreement uh the writer says i have a copy of it and if you would like

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to have a copy, let me know. I would hope Mr. Clinton has given you a copy. We voted and the

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vote was as follows. Nine yes, two no, and one no vote. Everyone likes the fact that they should

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be a good neighbor and good for the neighborhood. Signed Norman S. Wooten, 12th and Cambria

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advisory board rco so having said that i'll go back and my vote is yes uh with the revised plan

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one page approved today professor plaza yes we're providing thomas holliman yes with the visor

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james snell yes we're providing okay we're going to go back and do number two on the add-on list

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MI 2021-002-399-1241-North 28th Street.

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Get that letter up.

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And you should look at page two of the attachment, Chair.

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please accept this this is the one the correct uh sharon please accept this letter yes it's a

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letter from brewery town shardswood community civic association please accept this letter on

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behalf of the brewery town shardswood community civic association zoning committee expressing

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our non-opposition to the variants requested for 1241 North 28th Street, permit for use as three

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dwellings in an existing structure. The project was presented at a public community meeting on

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September the 23rd, 2021. After the presentation and subsequent discussion, the vote was 10 to

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support, nine to oppose, eight abstain. The lack of a consensus speaks to a larger division in the attitude about

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The lack of a consensus speaks to a larger division in the attitude about the proliferary of multifamily housing units coming into our neighborhood.

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We do not oppose the granting of this variance request with the proviso.

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The owner will provide lighting and cameras, which is not enforceable by the board.

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Thank you for the opportunity to provide our input.

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and it leaves information as to where to contact the board.

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Signed by Doris Aldridge.

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I believe it's Aldridge, A-L-D-R-I-D-G-E.

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My vote is yes.

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No, there's no proviso.

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My vote is yes.

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Confessor Plaza, my vote is yes.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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You are now going to number three.

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MI 2021-002064, 1737 North 23rd Street. Planning supports this case was originally heard on October

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the 6th and continued for receipt of a tax clearance and a letter from the RCO. The tax

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clearance was received, but we have not yet, correct me if I'm wrong, we have not yet received

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the letter from the rco i understand that the attorney mr vernon anastasio has requested that

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letter on multiple occasions and without any objection my vote is yes confessor plaza my vote

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is yes thomas holliman my vote is yes james snell my vote is yes okay thank you uh tanya

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and leave anything out no chair all is well okay now go to the two o'clock list

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um there are no requests as of yet for continuances or withdrawals so I'll ask the

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question is there anyone who would like to have a case continued or withdrawn from the two o'clock

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list please raise your hand if you're requesting a continuance or withdrawal

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for the two o'clock list raise your hand

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I see no hands at this time chair

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okay thank you we'll go to the first case

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MI 2021-003191

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1107 South 6th Street

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Zen Jin is the attorney of record

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Dickinson Square West Civic Association

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sent a letter of support and Councilman Mark

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Squilla sent a letter of non-opposition. Mr. Jinn, please identify yourself. You're still

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under oath from earlier this morning. Thank you. Good afternoon. My name is Xen Jinn,

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Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf

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of the applicant. Mr. Plaza, I have some questions for you. Yes, good afternoon, Mr. Jinn. You swear

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I'm sorry, do you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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I have.

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And have you met with the RCO and have a letter?

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Yes, to both questions.

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Thank you. Please proceed.

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Thank you.

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Good afternoon.

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This is an application to use this particular location as a business office.

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I am going to first share with the board the information we submitted to the board, which includes refusal, RCO letter, plans, and photos.

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The refusal indicates that this is a RSA 5 zoned property.

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However, this was previously approved by variants to a commercial use, but as a vacant commercial property.

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Therefore, each time a new use comes in, a new application must be made to certify the use itself.

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In this case, the refusal specifically says the office use is not permitted in the RSA 5 district.

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We do want to point out, however, that first of all, Dickinson Square West Civic Association supports our application and pointed out in their letter that this is a new tenant to occupy the building as a business.

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This is not the first tenant and that this use is consistent to what is in the area and what is surrounding this property.

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The photos also show that this is a commercial building that is in fact a mixed use with

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residential, above, and commercial on the first floor. Again, because it was vacant,

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a new zoning certification is required each time a new tenant comes in. This use is going to be

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This use is going to be an office for a senator, so that is the potential tenant who wishes to take occupancy of the space.

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an office for a senator.

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So again, it's a very basic business professional use and certainly will not negatively impact anybody in the area.

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Based on the support from the neighborhood and the uses being consistent to what is essentially set up for the property on the first floor, we would ask the board's favorable review of this matter.

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I'll be happy to answer any questions or redirect to any exhibits the board would like to see.

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That's on the, is that part of the pad that makes the parking area for the mall at 6th and Washington Avenue?

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um it's yeah it's it's a six of washington i think it's one of the buildings on the corner

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that is right near okay shopping center all right got it thank you thank you thank you

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do you have a client to adopt your testimony um either mr kim ing or miss stella wong may be with

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us can you raise your hand virtually so that you can be identified

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Ms. Wong, you can unmute yourself and wait for the chair.

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Good afternoon, Ms. Wong.

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Please spell your first and last name, then I'll swear you in.

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Okay, spell it, Wong, S-T-E-L-L-A-W-O-N-G.

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Do you swear or affirm the title of the truth, the whole truth, nothing but the truth?

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Hello?

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Yes.

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Thank you, Mr. Jin.

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Thank you.

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Ms. Wang, have you heard my testimony to the board

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and saw the presentation I made before the zoning board?

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Uh-huh.

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Thank you.

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Can you verify what I've stated is true and correct

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and adopt it as your own testimony?

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Yes.

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Thank you.

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