civus
Hearing video

ZBA Hearing - November 3, 2021

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

any requests for continuances or withdrawals on the 330 list okay yeah please spell your full

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name ma'am michelle m-i-c-h-e-l-l-e kleschick k-l-e-s-c-h-i-c-k um sorry with parallel

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architecture studio 230 south broad street 17th floor philadelphia pennsylvania 19102

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you swear to tell the truth the whole truth nothing but the truth yes and you're requesting

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a continuance yes for which case man for um mi 2021 002432 1831 north 21st street

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thank you uh mi-21 excuse me mi-2021-002432 1831 north 21st street is continued unless there's

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any objection to that if not anyone else requesting continuance or withdrawal

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i'm sorry chair the previous continuance that um she state her relationship to the case

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i believe she said she was the architect is miss uh michelle still there

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she's there chair yeah yes your affiliation with the case

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yes i'm design professional from parallel architecture studio

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you're making the request on behalf of the applicant

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uh yes i'm sorry miss salette are you there

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i am miss sunk it because it is only a continuance request

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um i think the board can accept it okay thank you the continuance request must be heard for mi 2021

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1831-002432, 1831 North 21st Street. Any other requests for continuances or withdrawals on the 330 list?

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Any other requests for continuances or withdrawals on the 330 list?

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I see no other hands at this time, Chair.

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Thank you. We'll begin with case number one, MI 2021-002431, 1624 South 20th Street.

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I'm not sure if this is an attorney

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Haki

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H-A-K-I

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and

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Kwanu

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Q-A-N-U-E

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Mana

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M-A-N-A

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Here's a letter of support from the Point Breeze Community Development Corporation

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Anyone here for 1624 South 20th Street

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Hi Chair

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This is Tanya Sankip, the administrator. Just for the record, Ms. Saletta requested I check for the exhibits, and we still have not received exhibits in the RCOZBA email box.

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Thank you. One more time, is there anyone here for 1624 South 20th?

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Chair, we have someone by the name of Hakeem Mani. Mr. or Ms. Mani, you can unmute yourself and wait for the chair.

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you uh miss mr or mrs uh amani please identify yourself spell your full name um yeah uh we

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also have an attorney here um named scott sigman well just spell your name first and i'll swear

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you in yes so your name bob my name is uh haki h-a-k-i my last name is m-a-n-a mana you swear

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affirm to tell the truth the whole truth nothing but the truth yes and you have an attorney yes

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yes scott sigmund here uh sigmund please spell your full name yes scott last name sigmund that's

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like sam i g m a n affirm to tell the truth the whole truth nothing but the truth yes sir thank

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you um are you prepared to go forward with this case

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we are prepared to go forward but i'm just being informed that apparently you don't have our

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exhibits we don't we do not and this is sharon i can confirm that neither i nor the rco according

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to miss sunkit received them because the rco my understanding is approved was supportive of this

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i'm sorry i'm going to say the board itself has an email box that they have to be submitted to

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that is RCOZBA.

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I'm sorry.

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You're saying what's the email address again

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and we'll get those exhibits to you based on that chair.

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Do we need to request a continuance

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and get these over or this can be done today?

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Chair, we generally would not hear a case

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when the exhibits had not been submitted even.

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Understood.

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Thank you.

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So then I will request a continuance

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of this matter to get the exhibit submitted to you.

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What is that email address you need to submit it to?

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My email address is ssuleta at gmail.com.

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And Ms. Sunkett, if you could tell me

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if I'm getting this right, rcozba at phila.gov.

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Absolutely correct.

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Thank you.

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Okay.

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Okay, Mr.

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All right, so I'll request a continuance then.

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Yes, I'm requesting continuance.

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Okay, MI 2021-002431, 1624 South 20th Street is continuance, must be heard.

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Any other requests for continuances or withdrawals?

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I see the other heads at the side, Chair.

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Thank you. We'll now go to case number 3, MI 2021-002427, 325 Green Street,

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This is a pro se case.

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The owners are Peter and Julie Bernard.

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Northern Liberties Neighborhood Association submitted a letter of support.

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Mr. and or Mrs. Bernard, if you're there, please raise your hand.

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Spell your full name and I'll swear you in.

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Chair, we have Peter Bernard.

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Mr. Bernard, you can unmute yourself and wait for the chair.

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Yes, good afternoon.

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My name is Peter Bernard.

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p-e-t-e-r b-e-r-n-a-r-d you swear or affirm to tell the truth the whole truth nothing but the

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truth i do thank you sir please proceed mr mr plaza has questions for you i'm sorry

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chair he's coming in now as a panelist thank you very kindly

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i'm sorry should i switch to attendee or join as a panelist

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He's being promoted to a panelist now.

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He's being promoted to a panellist now.

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Chairman, you sworn him in already?

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Yep, he's sworn in.

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Okay.

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Confessor, I think you can proceed.

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Okay.

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Yeah, he's on.

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Mr. Bernard is on.

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Yep.

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Sir, have you emailed an exhibit packet with the required document,

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proof of ownership, proof of tax compliance, copy of the refusal or referral for voters and

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plans five days prior to this hearing? Yes, I have. That was emailed. I don't have the date,

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but it was emailed prior to it being required to do so. And have you met with the RCO and have a

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letter? I did, sir. Yes. Okay. Are you an attorney or no? I am not. Okay. Please proceed.

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mr bernard please proceed with your presentation share any exhibits you may have with us please

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uh sure uh um yeah i'm going to share my screen

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um so thank you for thank you for uh for hearing my case my name is peter bernard i'm i'm i'm here

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on behalf of 325 Green Street, a property that my wife and I currently own. I purchased this

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property back in April. It's actually of 2001 and lived in the property as a resident until 2010.

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I purchased the property in the condition that it's in now, which is essentially configured as

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a three-family property. I bought it. I lived in it. I had a friend of mine renting one of the

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apartments. All of the utilities have been in place. You'll notice that there are electric

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meters that were in place, gas meters that were in place, all when I purchased the property.

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I basically bought it from a friend back in 2001, and it was never zoned as a

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three-family house. I only had a second unit in it and was running it essentially as a, you know,

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to a friend. The property is very similarly configured. This is just where it's located

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in the block. You'll notice that a number of the other households right next door, 323 is a

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three-family property, 319 is a two-family property, 317 is a three-family property,

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and 313 is also a three-family property, all configured exactly the same as the unit that

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I live in. These are just some pictures of the houses that are on the block that are

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configured that way. These are some of the documents that I just obtained showing that

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the houses were converted and when they were converted. And I'm simply asking, it's my hope

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to bring the property into conforming, to conform to the way that it's configured and just have it

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legally changed from a single family to a three-family household so that I can have it occupied

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legally and be able to rent out the property in the future. It is currently not rented,

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The units are vacant. I have a friend that's staying on the first floor, and I'm interested in just getting it classified as a three-family household, the way that it's configured, and being compliant with the requirements.

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Do you have any interior photos by any chance?

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uh i do not uh the only interior photos i took at the request of um of the rca with the with the

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meters

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questions from the board no mr chairman

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anyone else would like to testify in this case if so please raise your hand

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i see no hands at this time chair you planning commission this is uh ron bednar city planning

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it's r-o-n last name bednar b-e-d-n-a-r firm to tell the truth the whole truth nothing but the

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truth i do thank you ron please proceed property is indicated for residential on the city plan

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given the documented use history

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we recommend the request of variance

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MI 2021-002427

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0-0-2-4-2-7-3-2-5 Green Street.

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325 Green

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My vote is yes.

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Professor Plaza, my vote is yes.

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Thomas Holliman, my vote is yes.

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James Stell, my vote is yes.

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You will now go to case number 6, MI 2021-003521, 706 Cantrell Street.

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Mr. Henry Clinton is the attorney of record.

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7th Street Community Civic Association sent a letter of support, and Councilman Mark Swilla

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sent a letter of non-opposition. Mr. Clinton is coming back in as a panelist now, Chair.

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Thank you. Mr. Clinton, you know the drill. Please identify yourself, spell your name,

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and I'll swear you in. Sure. Good afternoon, Mr. Chair and members of the board. Henry Clinton,

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Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 19146.

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

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I do.

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Thank you.

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Mr. Plaza has a few questions for you.

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Mr. Clinton, you agree to wait to read in a bit of refusal and stipulate to a dead person?

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral, photos and plans five days prior

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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.

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Thank you.

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Please proceed.

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can you see that mr chairman yes okay uh so this is the presentation for 706 cantrell

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on behalf of my client anthony giacobatti who's on the call with me as well as his son

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this table of contents containing exhibits aa through 810 all of which i ask to be admitted

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this is my appearance statement this is the refusal this is an rsa5 zoning district

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and we're requesting a two-family dwelling with a parking space in the rear even though it's zoned

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rsa5 i'll show you from the photographs and the zoning histories that there are a number of duplexes

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two-family dwellings with garages and there's at least nine garages already on the street

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we have a letter of support from the RCO and basically going into the details of what we

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presented at the meeting who was there and indicating that there are garages already at

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718 720 and I have documentation that there's also garages at 715 and 717 so there's a letter

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of support. And then we also have nine written submissions from neighbors on the block in

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support of the project. Every neighbor is on the 700 block of Cantrell Street. These

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are photographs. Let me reduce them a little bit. Some aerial photographs indicating garages

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and duplexes on the block already this is 706 right here this is looking westbound on cantrell

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again just showing you the multiplicity of garages on the street and there's only parking on one side

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and frankly there's really not that much room even park you can see everyone has jumped the

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curb and and parks on the curb on the south side uh this is looking same direction again showing

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you more actually no yeah it's looking the same direction uh again just giving you a feel for

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the number of garages new construction and duplexes on the street

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some construction it's under undergoing on the block this we're currently a vacant lot right now

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and these are some of the other garages on the street typically they're just used for storage

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by some of the businesses in the area frankly this is 718 718 again this is 720.

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the plans for the project are pretty straightforward brick and a bay on the

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second floor with metal or perhaps hardy siding here the rear elevation of the property

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the floor this is the site plan ample rear yard nine feet deep

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floor plan pretty straightforward again you have foundation there's no basement full garage on the

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first floor and it's two one-bedroom units one on the second floor one on the third floor

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uh this is just some history to provide the board indicate this is 7 15. i can't dwell

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to provide the board indicate this is 715 cantrell two family dwelling this was granted back in 19

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excuse me 2018. 717 same thing 2018 two family dwelling with a garage

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718 two family dwelling with the garage no basement and same thing with 720.

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morning. We have the other pro forma documents that you usually would see in a presentation,

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tax certification or application for appeal, a zoning map indicating the RSA zoning district,

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the deed, etc. So just in summary, this project is asking for a change in use. The use on

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the block had many garages already four duplexes two four two family dwellings already recently

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granted there's no parking on one side of the street and the parking is tight on the block

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there's no effect on light and air but joining neighbors we have a unique block and unique

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circumstance here we believe the project is in harmony with the code and in harmony with the

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community, which has provided their letter of support. So with that, I would rest and ask if

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the board or the chairman have any questions, and I certainly will have my client adopt the testimony.

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Let the client adopt their testimony, and then I'll ask the board.

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Okay. Anthony, can you raise your hand so you can be unmuted?

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