civus
Hearing video

ZBA Hearing - October 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 29, 20255h 57m

Cheryl Gaston, my vote is yes.

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tie when my vote is yes

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okay um thank you sir you have your votes let's go back to number nine

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mi 2025 002 663 2830 hayne street west hayne street

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isaac and jordan howlin townsend

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All right, Mr. Townsend. He's still not promoting. See if you can do it, Jay. He's still not promoting.

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okay all right so so what i'm going to do is i'm going to we're going to continue the case

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and you know i'll make sure that they know that they have to contact the office for the next time

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to make their case um um so mi2025 002 663

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okay mi2025 002 663 28 to 30 west hayne street this case is continued to 429 26 at 9 30 a.m

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well what we'll do is we'll have them um get a hold of the office right and then see if in fact

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we can get them back in okay thank you um number two mi 2024 005 744 4858 fairmount avenue um

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um steve masters is the attorney um steve how do we did we uh how we do with the rco well

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why don't you state your name first and i'll swear you good morning mr chair members of the

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board steve masters s-t-e-v-e-m-a-s-t-e-r-s do you swear or firmly to tell the truth the whole truth

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nothing but the truth i do how would you make out with the rco with this we had a very productive

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RCO meeting last week

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in which there was overwhelming

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support for the project

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we were expecting to get

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copies of the RCO

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report and

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vote information but

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we have not received that

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why don't you present your case

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okay

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can I get promoted

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let's see

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oops

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I have to find it again

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hang on

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yes I am logged in

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but it looks like I got

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logged out for some reason

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Okay.

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Okay, it looks like it's working.

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all right

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good morning again um mr chair members of the board uh i'm here with our our clients um

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uh the the uh business name for the client is mount boy investment group llc um anthony page

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is the member of that LLC. We're here on 4858 Fairmont Avenue. I'm going to go through

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some of the exhibits and then Mr. Page will present a little bit more about the project.

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um it's a little a little clanky here

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so

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this is um a project for a duplex and in a um in a property that is zoned for single family

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However, I'm going to jump to the planning commission's 2035 plan.

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Wow, it is very slow when we're moving here.

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so the 2035 plan um we're showing you is um whoa i apologize there there's like a very big delay

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so i'm i click on something and i think it's done and it's still in process

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Thank you.

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It looks like it's coming back up.

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Thank you.

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We have a hard time with your computer, Steve, or?

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Yeah, this is my computer.

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I think it's the connection that I'm using inside the room.

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Yeah, I'm on the Wi-Fi.

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Get off the Wi-Fi.

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No.

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Okay.

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So that's your petitions there, right?

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Yes.

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The 34 signatures you have.

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Correct.

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So it looks like we are on the part that I wanted to be on, which is the Planning Commission's report for 2035.

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What I'm going to try to do is get off my VPN.

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My VPN, maybe that's what's going on.

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Yeah, and maybe that's what's going on.

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Could you transfer this to your associate's computer,

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then use hers?

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um could try that why don't we do this why don't we do this why don't you we'll go on to the next

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case but i'll get right back to you okay so see if we can get this going and then we'll come back

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okay thank you thank you very much um number four mi 2024 006 754 226 written street joseph

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consul is the attorney there's a letter of support from the whitman council no vote count provided

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and proviso of interior trash storage.

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Non-opposition from Council Member Squilla.

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Mr. Council.

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Chair, we have a hand up for Mr. Zen-Gen.

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Maybe he took the case over.

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Okay.

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Mr. Gen, you're allowed to speak?

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Yes.

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Good morning.

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I will be representing the applicant for today.

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Thank you very much.

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Thank you.

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Counsel, could you please state your name and spell it for the stenographer?

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Sure. Yep, we're good.

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Yes, good morning.

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Xin Jin, Z-H-E-N-J-I-N, here on behalf of the applicant.

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All right. 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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Counsel, could you please identify your client, a relationship to the property?

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Yes. My client is a LLC. It is, apologies, one second.

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It is J.G. Premier Home LLC, the owner of the property and the owner, I mean, the representative of the LLC is here today as well.

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All right. Vice Chair Teneda Graham has a few questions.

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Good morning. Have you submitted your documents five days in advance of this hearing?

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I believe it was submitted by the applicant themselves. However, I have reviewed the documents and asked them to submit an updated one this morning. I don't know if the board has that available.

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Okay. And do you submit to the refusal and the reading note? I'm sorry.

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Do you waive the reading note of refusal and submit to its accuracy?

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I do.

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All right. Thank you. You can proceed.

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Thank you. I'm going to share with the board the exhibit that I have on my file. If it is slightly different than what the board has, please let me know.

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Can the board see my screen on theirs?

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We can.

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Thank you. So this is an application for the legalization to use the property as a two-family dwelling.

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This property is zoned in the RSA 5 district and as a result only permits a single family dwelling.

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However, Whitman Council is well aware and the neighbors as well, as my client did a petition in the area as Whitman Council normally would require.

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They're aware that this property has historically been a two family dwelling and my client also acquired the property as is.

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We're just trying to legalize the conditions within the property.

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So the property in question is here.

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This is a corner property that has a front entrance.

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Oh, I'm sorry.

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I don't know what happened there.

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Let me.

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As well as a side entrance.

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However, the layout is very simple.

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There's one unit on the first floor, one unit on the second floor.

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The property has been occupied for many years.

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it's not a new condition the meters in the basement existing the basement itself is used

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for utility and storage and it's not a finished basement so that is essentially what the conditions

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are for this property we do have because of the corner property we do have both a rear deck as

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well as a rear yard accessible from the street for trash storage for both units, so no trash

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is ever left outside.

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Whitman Council specifically also requested that no trash cans or dumpsters or anything

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no trash cans or dumpsters or anything of that nature be left on the street side.

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of that nature be left on the street.

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The plans are a little hard to read. I'm sorry about that.

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Let me try to make sure it's zoomed in properly.

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So it's a pretty simple layout on the plans.

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Let me again try to zoom in a little further.

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So the entry is from the front of the building.

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there is a side door that leads into the first floor unit and then there's direct exit from the

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rear bedroom to the outside so that is the first floor the second floor is laid out very similar

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it's a these are all single bedroom units with a kitchen living room and a bath with access to the

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rear exterior. Historically, this property was a duplex as the history shows that at one point

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it was a store in a single family. Then it was converted into two family only as far back as

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in the 50s. And the community does agree that it is historically been used that way and therefore

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they had no opposition to legalizing the conditions. And it's because of that reason,

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we request the board's favorable consideration in this application in allowing it to be legalized

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as a two-family use. Thank you. My client should be here to verify my testimony adopted as his own.

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His name is? His name is Mr. John. I don't want to screw up his last name. JG actually

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stands for his initials. Mr. Gaeta, G-A-E-T-A.

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They're being promoted to panelists.

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Mr. Gaeta, can you...

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Good morning, sir.

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You need to unmute, Mr. Gator.

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Do we see him?

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I see him on the screen.

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He's still muted.

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counselor do you know when he bought the property uh the yes i do have the deed here

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the property was purchased on the september of 2021 and it was a duplex then it was a duplex

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then yes can you hear me now we can sir could you please state your could you please state

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your name is spelled for the sonographer yes sir john gata g-a-e-t-a jr right do you swear

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or affirm to tell the truth the whole truth nothing but the truth yes sir is it possible

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could you turn your video on oh

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I don't know how to

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all right counsel why don't you start your question yes thank you great go ahead am I there

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yes yes yes can you uh verify that you purchased the property in 2021 in the condition it is in

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today? Yes, sir. We bought the property as is in 2021. And it was a duplex at that time?

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Yes, sir. Thank you. And have you seen and heard the rest of my presentation before the zoning

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board today? Yes, I did. Can you verify what I have represented is true and correct and adopt

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it as your own testimony? I adopt the testimony. Yes, I do. Thank you. Questions from the board.

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You purchased the property in 2021. Has it been rented since then or occupied since then?

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Yes.

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Mr. Gera, did you hear that question from the board?

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Yeah, I'm trying. My phone's ringing. I'm sorry.

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so the question the question was you you bought the property in 2021 has it been occupied

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and rented out since then yes sir

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additional questions from the board

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um is that a deck on the back of this yes it's a it's a deck on the second

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Is that a deck on the back of this?

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Yes, it's a deck on the second floor, and there's a rear yard for the first floor.

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Gotcha. Okay. And then you're keeping the trash where?

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The trash is being stored on the first floor in the yard.

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Okay. And how does the second floor unit have access to that?

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they'd have to walk it downstairs

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and put it in through the door

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on the first floor to have access

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there's a door in the fence correct

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yes

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ah okay

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so they have to walk outside

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yeah they can't

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be throwing it you know you won't be

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able to hand it down so you have to come down

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the steps and go through the door

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where you have accessibility through

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the yard door

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that would be on

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American Street

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and the storage in the meantime the trash storage in the meantime for the second floor unit is is

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there a trash room is there a how no they bring they bring it down and they put it in the first

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floor yard so that when the trash men come they could put it out that day and it can be picked

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up they do have a they do have exterior uh rear yard deck i mean rear deck that can temporarily

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store it there until they bring it down to the first floor they don't have to leave it in the

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premises. Thank you. All right. Okay. Thank you. Other questions? Yes. What is the plan for the

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basement? The basement's not furnished, and there's no plan for any living spaces. It's just

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storage and meters and utilities. Okay. Questions or comments from our attorney, Hillary Emerson.

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um just briefly um mr jen we did receive um some updated plans but if there's a complete

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packet that you'd like to submit you can resubmit that um by close of business tomorrow thank you

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sure thank you questions or comments from the audience or the virtual audience

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