civus
Hearing video

ZBA Hearing - September 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 21, 20224h 24m

Thank you.

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how do we look Tanya

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they're slowly coming and we're almost ready okay

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okay chair you can begin as you wish thank you good morning everyone my name is bill bergman

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and i will be chairing this morning's zba hearings with me is carol tenary our vice chair

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present mr chairman ishmael shaheed our board secretary present mr chairman thomas holliman

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our board member. Present, Mr. Chairman. And James Snell, our board member.

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Present, Mr. Chairman. Also present is our executive director, Tanya Sunkit,

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and our board attorney, Hillary Emerson. Before we begin, here's our virtual format.

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Be advised, the proceedings are being recorded. By participating, your knowledge agreement to be

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recorded. A video will be available by contacting tonyasunkett at phila.gov. For the benefit of our

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court sonographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, if you wish to testify, press star nine to raise your hand

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and star 6 to unmute. To enter an appearance statement, call 267-270-5548. Leave your email

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address and the property and the address of the property in question. And finally,

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the question answer box on the screen is not for comments or testimony. All comments should be

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directed to our Executive Director, Tanya Sunkit. Let's look at our continuations for today.

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Number three, MI 2022-002-815, that case is continued.

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Is there anyone have any comments relative to that case?

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good morning chair i see no hands at this time thank you and also case number 15 mi 2022

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004-396-2901 grant avenue councilman o'neill has a request for a continuation

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is council adam laver present

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Mr. Laver is here, Chair. Mr. Laver, you can unmute yourself and wait for the chair, please.

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Good morning, Mr. Chairman. Mr. Laver, good morning. Could you state your name and spell

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for the court reporter? Yes, Adam Laver, L-A-B-E-R. Right. Do you swear for him to tell

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the truth, the whole truth, nothing but the truth? Yes, Mr. Chairman, I do. We have a request for

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continuation for your case. Yes, I'd like to speak to that briefly. I have been in touch with

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Councilman O'Neill's staff regarding this matter, and we respect very much Councilman O'Neill and

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and his staff uh in in light of their requests we are not opposing uh the continuance however

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i'd like to state for the record that the hearing in this matter was held on december 2nd 2020

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so almost two years ago the notice of decision was uh issued the decision was issued on that date

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a request for reconsideration was filed on December 14th of 2020. The

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zoning notice regarding this hearing was issued on August the 11th.

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I would request that if the board grants the continuance that we have

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grants the continuance, that we have certainty in this matter as soon as possible, and that I

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have the opportunity, please, to work with Ms. Sunkit on scheduling an expedited hearing so that

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we are not further delayed. Okay, thank you. This case will be continued, and please contact Ms.

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Sunkit, and I'm sure that she'll try to do the best she can with this, okay? Thank you, Mr.

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Chairman members. All right. Thank you. Are there any other requests for continuances for this

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this morning? I see no hands. Okay. Hold on. Pardon me? We have someone by the name of Alonzo

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Boone with his hand up. Okay. Mr. Boone, you can unmute yourself and wait for the chair, please.

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please note you should only be asking for a continuance right now please note any other

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questions q a please thank you okay please state your name and spell for the court reporter

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my name is alonzo dorsey bone lias a-l-o-n-z-o middle initial d last name b-o-o-n-e hyphen l-y-a-s

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all right do you swear for him to tell the truth the whole truth and nothing but the truth

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Yes. What case do you want to continue? I would like to continue MI-2022-002759.

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What's the local address? 4343 North 9th Street.

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Mr. Chair, that's number four on the list. Okay.

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Okay, that case will be continued.

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Thank you for calling in.

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Thank you.

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Any other requests for continuances?

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I see no hands at this time, Chair.

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I have a number of cases that we do not have exhibits.

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Number two, MI 2022-002349-1129 South 51st Street.

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First listing, no exhibits, Mr. Din, D-I-N-H.

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Are you present?

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Are you present?

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here i see no hands at this time that case is first listing will be continued

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Here, I see no hands at this time.

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That case is first listing will be continued.

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also case number five that we have mi 2022 002 348 3218 holly oaks road

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Also, case number five that we have, MI 2022-002-348-3218, Hollyoaks Road.

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um no exhibits first listing Wayne Hoglin is the owner

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is there anyone that that case 3218 Hollyoak Road first listing is continued

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Mr. Chair I think Mr. Chair um I think going back to um number I'm sorry number two I

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think the applicant may have their hand raised now. Okay. Mr. Dinh. Mr. Dinh, you can unmute yourself

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and wait for the chair, please. Hi, could you state your name and spell for the court reporter?

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My name is Quang Pham. Spell your name, please, for the court reporter, sir.

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My first name is C-U-O-N-G, middle name is D-I-N-H, and the last name is P-X-A-M, sir.

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Right, right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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We don't have any exhibits for your case. Did you mail things in, email in?

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So this is the first time I ever doing this.

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Okay, so here's what I want you to do. Contact the zoning office, and they will help you on what you need to do for your case, okay?

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Okay, sir.

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The case is being continued, but call the office, and they will help you prepare for your case, all right?

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Okay, sir.

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I'm sorry. Chair, hi, this is Tanya. If I may just clarify to the applicant, the zoning board office, reach out to us, not zoning,

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and we will assist you to make sure you have everything you need okay yes sir and the staff

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the staff will give you the number and the email address okay could you all put that in the chat

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for the applicant please thank you kindly chair number five did mr hoglin ever put his hand up

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no chair his hair was not up all right so that case is continued number seven

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no chair his hair was not up all right so that case is continued

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mi 2022 002 881 1550 lardner street josie bondagray is the owner no exhibits first listing

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mr and ms bondagray if you're in the virtual audience please raise your hand

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Chair, we have someone with their hand up, but it's not the applicant.

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Let's see who they are.

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Mr. or Ms. Yost, you can unmute yourself and wait for the chair, please.

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Hi, could you state your name and spell for the court reporter, please?

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Good morning.

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Could you state your name, please?

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Their hand is no longer up, Chair.

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Thank you.

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Lana Gray's hand is not up.

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I'm sorry.

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I apologize.

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Can you hear me?

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Yes.

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Could you state your name and spell for the court reporter?

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Sure.

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My name is Keeley Yost.

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It's spelled K-E-E-L-Y.

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The last name is Y-O-S-T.

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Okay.

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Before I swear you in, are you relative to this case, 1550 Lardner Street?

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i am relative to it yes i've been working on the case with the applicant all right do you

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swear or affirm the tell the truth the whole truth is nothing but the truth yes okay so we

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don't have any mr chair i would say mr chair now we have the applicant raising their hands um i'm

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not sure what role miss yost is playing but the applicant is now raising their hand okay

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all right okay could we could we have recognize the applicant please

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Mr. Bonagree please unmute yourself and wait for the chair

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yes hi can you guys see what could you say your name could you state your name and spell for the

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court reporter my name is Joshua Bonagree and the first name j-o-s-u-e last name Bonagree b-o-n-e-g-r-e

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right do you swear for him to tell the truth the whole truth nothing but the truth

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yes sir uh so you're this is the first listing for your case we don't have any documents or no

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exhibits yet okay so i'm waiting for i'm also waiting for my lawyer because he's like um my

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lawyer's in court right now so we try to get him like on the line no no but i'm saying there's no

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exhibits here you don't you have not sent any paperwork to us i mean what do you mean i haven't

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send anything that shit i'm sorry i'm sorry sir tanya i'm okay okay what i want you to do

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is to contact the zoning board office and they'll tell you how to prepare your case is being

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continued okay okay i was just going to check and see if the documents were sent under different

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names since there's a few people he's mentioning okay um who is the attorney for this matter

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Mr. Bonagre?

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His name is

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Dion?

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Do you have the full name?

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I have the full name for you.

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Is Dion

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Basil?

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Okay.

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We have not

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received anything.

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Okay. This was your first listing. The case will be continued. Please make sure you or your lawyer

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contacts the zoning board office, okay? Okay. Thank you.

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Number nine, MI 2022-002-346-450 North 61st Street.

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The first listing case is continued.

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And number 16, MI 2022-002-353-1601 South Fraser Street.

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Janice Ferguson is the owner.

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No exhibits, first listing.

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I'm sorry, Janice Ferguson.

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Ms. Ferguson, if you're in the virtual audience, please raise your hand.

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I see no hands at this time, Chair.

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So 1601 South Fraser Street is no exhibits, first listing, cases continued.

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Are there any requests for withdrawal?

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I see no hands up at this time. Thank you. We're going to go to our add-on list. MI 2022-002-685-4331 Lancaster Avenue.

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I vote yes. Thomas Holloman, also Ishmael Shaheed are the other two voting. I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you.

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We're going to our regular list.

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MI 2022-002-687-2429, Madison Square.

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Vern Anastasio is the attorney.

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Letter of support from South of South Neighborhood Association.

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Mr. Anastasio is coming back in as a panelist now, Chair.

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Good morning, Mr. Chair.

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Good morning, sir. Please state your name and spell for the court reporter.

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Sure. It's Vern Anastasio, A-N-A, S-T-A-S-I-O, 2016 Spruce, Philadelphia, 19103.

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Right. Do you swear or affirm 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, please, in the relationship to the property?

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Yes, I represent owners Kelly and Rob Piasecki.

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Okay. And our vice chair, Carl Tenere, has a few questions.

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Good morning, Vern. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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Strike that. Strike that.

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i still said i said i do okay so i'm out to lunch too so do you agree to waive the reading of

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refusal and stipulate to its accuracy i do have you emailed the exhibit packet with proof of

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ownership tax compliance a copy of the refusal or referral photos under plans of the property

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five days in advance of this hearing and have you met with the rco and do you have a letter yes

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Okay, you may proceed, and your screen's up, so that's good.

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Thank you.

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Mr. Chair, members of the board, I'm here today for 2429 Madison Square.

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This is the legalization of a non-conforming pre-existing use of a two-family dwelling, and that's why we're here today.

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It is, in fact, zone RM1, but the lot size is what the issue is here.

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because of the pre-existing lot size the two units would be non-compliant however it's been

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consistently a two-family dwelling for just about ever here's my exhibit pack up part of my exhibit

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packet i'm submitting uh exhibits amounting to 50 pages of exhibits in evidence today here's the

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property parcel and the zoning map this is the the property in question right here where my cursor is

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here's the plot plan and the elevation as you can see it's not very deep

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here's the existing first floor with the garage and rear yard

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let me pull this out a little bit

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and there's the existing second floor and the existing third floor

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There's some more photos of the block itself and some aerials and some rear photo.

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We've got interior photos of the garage.

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Please note the two electric panels.

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Also in the front of the property, there are three meters already, one for each unit.

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Here is the first floor apartment.

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Here we go.

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Here is the second floor apartment, and this is the third floor apartment, which is vacant pending approval.

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Here again is the proof of the electric meters.

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and

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we got some more photos

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and there's the water heater

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I'm going to jump to

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this is the flyer that went out

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we met with SOSTA more than once

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but the large meeting was June 15th

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2022

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You were first on the agenda.

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