civus
Hearing video

ZBA Hearing - November 30, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 30, 20224h 34m

Carl Teneri, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Thank you.

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Thank you.

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Number three, MI 2022-004-587-2108 South A Street, Jeffrey Young is the attorney.

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Letter of support from the 7th Street Community Civic Association.

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Okay, sir. Mr. Young will be rejoining us as a panelist.

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Good afternoon, members of the board.

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Hi, Mr. Young, how are you? Could you state your name and spell, please, for the court reporter?

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Yes, Jeffrey Young, J-E-F-F-E-R-Y-Y-O-U-N-G,

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counsel for the applicant, Ms. Cabrera-Thomas.

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All right.

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Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth?

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Yes.

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Our vice chair has a few questions.

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Hi, Mr. Young.

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Do you agree to waive the reading of the refusal

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and stipulate to its accuracy?

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I agree to read the reading and stipulate, yes.

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Okay, great.

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Have you emailed the exhibit packet

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with proof of ownership

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tax compliance refusal or referral photos under plans of the property five days in advance of

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this hearing and have you met with the RCO and do you have a letter? The documents have been

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submitted however they were submitted late because of the holiday but we do have a letter from the

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RCO. Okay great you may proceed and begin to share your screen. Thank you. Hillary before we started

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Are we straight with the address?

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Yes, Mr. Young and I have discussed over the email, and we're all good.

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Thank you.

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Thank you, Mr. Young.

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No worries, members of the board.

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Again, my name is Jeffrey Young.

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I'm here today representing Ms. Cabrera Thomas.

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She's a tenant at 2108 South 8th Street.

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We are here today to present an application for use of the property as a daycare facility.

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Here is a brief couple of pages of her lease. Again, her lease is technically for 2108-2110, but here again, we're just going to specifically talk about 2108.

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Here again, we're just going to specifically talk about 2108 South 8th Street, and I'll switch over to Paige, her lease.

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I did send the lease separately as exhibits. I do not have the full lease in my exhibit package, but it was sent separately.

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As you see here, clause number 13, our use permitted for the tenancy is a child care and day care facility.

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Here is our tax compliance of Ms. Thomas.

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And I'm going to address the refusal.

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So we are in a RM1 zoning district, and child care facilities are prohibited in this zoning district.

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This particular property is located in the South Philadelphia neighborhood on the west side of 8th Street near 8th and Snyder between Snyder and Cantrell.

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So this area of property has a history of commercial usage, and as such, you know, we feel that this variance should be granted.

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Again, if you look across the street, those CMX designated properties, we were located directly across the street.

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Again, this would be a buy-write project.

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here. These are pictures of the front facade of the properties on 8th Street. Again, historical

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use of commercial businesses and office space on these particular properties. And as I go through

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the historical use, you'll see that this particular space has not been used as a residential,

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has not had a residential use in its history.

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So I'm going to start here.

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As you can see, this application was in the year 2000,

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where this property was actually zoned C2.

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So it previously had a commercial zoning designation.

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And the use of this property was a toy store with apartments above.

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Again, in 2005, again, another application for use as a retail grocery store.

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And as far as back as 1978, the property was a carpenter shop.

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And even there are also use permits on file for 1933 as the property being used as the carpenter

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shop as well. Here are some interior pictures. I see my client has done some renovations to the

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property to be able to use it as a daycare. Here's the ADA compliant bathrooms, changing stations,

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again, pictures of the bathroom, the industrial refrigerator,

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and then also the heating, the cooking, excuse me, the heating area for food. There will be no

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cooking food at this establishment. Again, all exit signs illuminated. This is another

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half-bathroom located at the facility, and then another angle of the room.

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uh here is a layout um of the uh facility here for uh 2108 south 8th street um as you see there are

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um multiple uh egresses um uh from the property from the front and also the rear that leads to

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an alley that leads to uh can chuck can't trail street excuse me um this here is in our notification

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that was sent out to the community we held our meeting on august 19th um at the ford powell

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center um on six and snyder um and we do have a letter of support um from mr i believe mr bruce

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um uh johnson is his name um and uh with that uh members of the board i uh also sorry we have

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pictures about zona notice as well that we posted on the property um and with that um you know we

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would take any questions that you

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have. Mr. Young, do you want to have

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your testimony adopted?

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Yes, I would like my client, Ms. Cabrera

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Thomas, to be

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appointed as a panelist.

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There is a telephone number that I believe she's on

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the phone.

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Ms. Thomas, can you raise your hand?

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Do we see anybody?

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I'm sorry, the last four digits.

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I'm sorry, the last four digits.

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Yes, the last four digits.

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And it's star six to raise your hand.

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The last four digits are 0031.

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Mr. Johnson, Mr. Young, you're an officer of the court.

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We will take your testimony.

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Oh, good, good.

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

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Hi, good evening.

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My name is Maria Chante Thomas.

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Could you spell for the court reporter, please?

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C-A-B as in boy, R-I-A, last name T as in Tom, H-O-M as in Mary, A-S as in Sam.

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All right.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, I swear.

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Proceed, counsel.

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Thank you.

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Ms. Thomas, are you the tenant at the subject property?

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All right, yes.

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And did you hear my presentation to the board?

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Yes, I did.

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And do you stipulate to its accuracy?

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Yes.

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And do you adopt my testimony as if it were your own?

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Yes.

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Thank you.

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Okay, questions from the board?

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No, Mr. Chairman.

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No, Mr. Chair.

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Questions or comments from the virtual audience?

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I do not see any further hands, Mr. Chair.

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Thank you. Planning Commission.

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Ron Bednar, City Planning.

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While this property is currently indicated for residential use on the city plan,

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given the physical conditions of the site and its documented use history,

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we recommend the request of variance be granted.

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Thank you.

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MI 2022-004-587-2108 South A Street, I vote yes.

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Thank you.

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Carol

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Jim

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Carol

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my vote is yes

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Thomas Holloman my vote is yes

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James Snell my vote is yes

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Ishmael Shaheed my vote is yes

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okay

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thank you counsel

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all right have a good one

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number six

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MI 2022

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202-003-699-1709-North Marshall Street, Vern Anastasio, waiting on RCO letter, APM meeting was held on 10-19-22.

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turn back in as panelists sir

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hello mr chair how are you i've earned just state your name please you've already been sworn

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verne anastasio 2016 spruce street philadelphia pa 19103 could you identify your client in

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relationship to this property sam to creevy uh who's the owner of the property yeah okay um our

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Vice Chair has a few questions. Yep.

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Do you agree to waive the reading

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of the refusal and stipulate to its accuracy?

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I do. Have you

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emailed the proof of ownership, tax

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compliance, refusal referral,

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photos, plans of the property

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five days in advance of this hearing,

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and have you met with the RCO, and

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do you have a letter?

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All of that, but I don't seem

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to have a letter yet, which

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is unfortunate, but

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I have tried.

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You may proceed and begin.

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Burns, we have the tax rate?

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Yeah, I think I did send

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Attorney Emerson

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a tax

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clearance on this one.

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It basically is for

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an erection of an attached structure,

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roof deck for a two-family

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dwelling.

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And

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by the way,

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I do have an architect here

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uh on call if joe joe if you could raise your hand so we can walk through the project i would

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appreciate that mr anastasio this is hillary um the last um correspondence i had with you

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um was that you uh you said the posting photos and you said the tax

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certifications were being worked on um so i have not received it yet that's correct i have not uh

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The tax rate that I have did expire 1026.

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My client is working on the tax certification and we're working on getting it from the city system.

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I think it's been cleared up. Just a matter of getting it cleared with the city.

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Well, while you go through your presentation, I'll just I'll just double check the city's the city system and see if it's been cleared up.

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the city system and see if they're thank you thank you attorney emerson thank you

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Thank you, Attorney Emerson.

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we have proof of posting i'm mailing from 124 individual uh households here's the flyer that went

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out and if joe the uh the architect could uh please raise his hand we could present him so

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that he can walk through the the presentation he's been allowed to speak but i will promote him

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hi hi joe could you state your name and spell for the court reporter

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hello he's coming back in as a panel okay sure thank you but it's the erection of a

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of an attached structure for use of as a two-family dwelling.

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And he will go into the design of it.

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Okay.

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But it's a, you know, standard two-family dwelling

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with a basement plan or first floor plan.

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And.

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

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Okay.

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Hold on, Mr. Chair. Let me see if I can get him.

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It's adjacent to new construction. There's lots of empty space to the east of it. So it's certainly in need of some density. It's been disinvested for quite some time.

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but i do want to have the architect talk okay about the uh is the architect

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i'm here i'm here okay could you hi do me a favor please state your name and spell for

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court reporter joe jankishay j-a-n-c-u-s-k-a right do you swear or affirm to tell the truth

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the whole truth nothing but the truth i do proceed counsel thank you thanks joe so unit one is over

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a thousand square feet is that right correct and unit two is over a thousand square feet

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correct okay and i'm going to uh walk the board through the plans so you could talk to them about

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the actual design if you don't mind no problem just just very briefly yeah and go ahead why

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don't you do that with uh what i have up okay it's a three-story building the first unit is

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