civus
Hearing video

ZBA Hearing - March 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 17, 20215h 37m

Thank you very much.

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Thank you. Any questions from the board?

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No.

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No.

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No.

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Would anyone else like to testify in this case? If so, please raise your hand.

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i see no hands chair thank you planning commission good afternoon david effecto city planning

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commission mr chairman members of the board the comprehensive plan recommends this property for

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single-family use the proposal will maintain the property as a single-family home these variances

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represent the minimum requested to enable sorry the minimum required to enable the applicant to

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use their property. We recommend that the board approve the requested variances. Thank you. MI

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2021-000382-720 Mountain Street. My vote is yes. My vote is yes. My vote is yes. My vote is yes.

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Thank you very much. I'm going to call all the cases together. Calendar number 2606-726 North

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Shedwick Street, calendar number 2557-728-North Shedwick Street, calendar number 2558-730-North

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Shedwick Street, and calendar number 732-North Shedwick Street. The attorney is Alan Nockamson.

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Mr. Nockamson has been promoted to panel.

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Hi, Alan. Can you put your name and address on the record and spell your last name?

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Sure. Alan Ockamson, A-L-A-N, last name Ockamson, N-O-C-H-U-M-S-O-N, address 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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You're still under oath. Do you also agree to waive the reading of the refusal and stipulate to their accuracies?

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I do.

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Have you emailed the exhibit packets with proof of ownership, tax compliance, copy of the refusal or referral, photos and or plans of the property five days in advance of this meeting, and have you met with the RCO, and do you have a letter?

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Yes, in all respects.

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Thank you. You may proceed, and yes, you may share your screen.

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Thank you.

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Before you ask.

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Good afternoon. Again, my name is Alan Ockamson.

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I am here to present 726, 728, 730, and 732 North Shedworth Street.

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For each of these properties, we're looking to put a two-unit condominium on each of these RSA 5 properties.

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You'll see our table of contents includes the deeds of the property, showing that Merit Properties LLC owns the properties.

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You'll see the Certificates of Tax Clearance showing that they are in good standing with

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the City of Philadelphia. You'll see the Notices of Refusal showing that these are RSA 5 properties,

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and we're looking to put a two-unit dwelling in each of them. In addition, in Exhibit 3,

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you'll see Zoning Permit Number 1009-115. That's a zoning permit to allow for a two-unit

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uh dwelling under similar circumstances under 64 638 north shedwood street this board approved a

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similar variance request on january 22nd 2020 under calendar number 38749 after that you'll

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see our applications for appeal to the zoning board adjustment with regards to these pending zoning

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matters exhibit five you'll see the zoning map and other maps of the surrounding area exhibit

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6 you'll see photos of the front of the property as well as the surrounding area. Exhibit 7 you'll

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see the architectural plans and drawings showing these two unit condominium building which is a

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bi-level. Unit 1 is on the first level first floor in the lower level and unit 2 is on the second

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floor and third floor of this property. And finally exhibit 8 you'll see the correspondence

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You'll see the correspondence from the Mantua Civic Association.

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from the Mantua Civic Association, you'll see that more people

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You'll see that more people voted for and in non-opposition to this project than against this project.

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Let me start with the deeds of the property.

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Again, you'll see Merit Properties LLC owns them.

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We'll quickly go through them.

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You'll see for each of these properties.

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So Merit Properties purchased essentially each of these properties for $50,000 each.

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In addition to my client, Ado Byram, I have Ghaziata7, a licensed realtor in the Commonwealth of Pennsylvania, who will explain why we're asking for this zoning variance, that it is a true undue hardship, given the circumstances and surrounding circumstances of the pandemic.

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In addition, just as a little background, if you look at the zoning file for this property, it does not look like this property has had single-family use or any type of residential use since as far back as the 1960s.

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It may even be further, but this has had an industrial use.

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If you go to that, we're only seeing the...

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Oh, yeah. No, I didn't...

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Oh, my screen froze, too.

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um but um i don't have the zoning file i can screen share i get i can screen share it i just

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went on atlas okay yeah no but if you go on atlas for this property 726 north shedwick street you'll

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see that there was industrial use since the 1960s um for for each of these properties um but here's

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our l and i refusal uh you know for each rsa 5 we're looking to do a two-family household

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Not uncommon, the block over, the same board approved similar type of use.

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And just as a matter of background, we're in Mantua, like similar to 3801 Brown Street and 3860 Brown Street.

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My understanding, you know, for an RSA 5 property this morning, the board approved on two lots, one 1,312 square feet and another 1,200 square feet, approved six units each here.

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Our lot size is 825 square feet for 726, 2830, and for 732 is 845 square feet.

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So the lot size per unit would be well over 400 square feet per unit.

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While earlier this morning, this board approved 3801 Brown Street for six units for 1,312 square feet, which would be, again, more like 220 feet a unit, roundabout, not a mathematician.

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And for 3860 Brown Street in the same neighborhood in Mantua, 1,200 square feet, they approved six units at 200.

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This, unlike that property, I don't believe that was a condominium.

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This is a condominium, which is a form of ownership, which makes it more affordable.

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Here's the zoning permit, which shows this two-household living at 638 Shedwick, which

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was granted by way of variance.

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And here are applications of appeal.

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I'll go over that, I mean, we'll go through them quickly, just to show that we filed them

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and that we're in front of this board.

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And here's a zoning map. So this is Mantua Avenue. This is a commercial corridor that we're next to.

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Again, from a planning perspective, it makes sense to have density created in commercial

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corridors to help support it. We're also along a bus route, the 31 bus as well,

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so it's not uncommon to have multi-family near bus routes as well.

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Sorry about that. Photographs of the property is a baking lot.

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And you can see from different angles, Mantua, to the right of the property, to the left of the property, our notices, and our architectural plans and drawings.

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So again, we're trying to do a brick facade, traditional brick facade, you know, four duplexes.

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Now, a little something interesting. We presented before in Mantua. One of the things we heard is about affordability.

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How can we do something that makes sense for both the developer, you know, in these times where their construction costs are really rising high and fast, but it's also to prevent gentrification and keep, you know, affordable so people who live in this community can remain in this community.

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So from the get-go, one of the things that we did was we proposed that three of the units would be

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market rate housing, while the fourth one would be low-income housing. And we would use the

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guidelines that are with the City of Philadelphia in terms of the zoning bonus.

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So, you know, here's our floor plans.

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So, you know, here's our floor plans.

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Oops, whoa, I don't know what happened there, sorry.

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Oh, Jesus, hold on.

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Let me just go back to technical difficulties.

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Floor plans, you know, each of the units or each of the buildings are the same, open floor plan.

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You have a living room, kitchen, bedroom, and then you have a family room down there with a bathroom.

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That's unit number one.

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Unit number two, which is on the second and third floors, you have a living room, kitchen, bedroom, then two bedrooms up top, and a bathroom, or two bathrooms.

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And then we met with the Mantua Civic Association.

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And then these were, you know, their concerns was that...

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Can you launch that?

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Oh, yeah, sure.

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Is that better?

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One more.

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Oh, one more?

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All right.

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Better?

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uh yeah just scroll down so we can read it yeah yeah that's good thank you yeah so three three

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issues parking congestion on the extremely narrow street again we're right next to mantua avenue

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so our goal is twofold given that we're near the you know the 31 that you know we anticipate that

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people would be using public transportation also supporting the commercial corridor uh we also did

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take pictures during various times of the day um i don't know why it's not in our presentation packet

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But like, you know, I asked my clients to take pictures, you know, at five o'clock and, you know, you know, as an officer of the court, I'll tell you that I saw those pictures.

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There were there was sufficient parking there.

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Affordable rents.

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Sorry.

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We did say as we as we indicated, 25 percent of the rentals will be affordable.

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We're looking to do the low income affordable rates that are within the zoning code of Philadelphia.

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And we would agree to a proviso in that respect and the deed restriction.

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And then the roof decks, they were just concerned that, you know, it was only accessible to the top unit.

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But as we indicated, it's not uncommon to have, especially these two unit condominiums, the lower level, the first floor level would have access to the rear yard.

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And then the second unit, the upper level unit, would have access to a roof deck.

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We indicated that we would agree to reasonable rules and regulations within even the condominium documents to make sure that, you know, they were not considered a nuisance.

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So if you look at it, and, you know, I just take issue in terms of opposition, because if you look at it, there were 14 people that attended the meeting.

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Four people voted in support.

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Six people opposed it.

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Three people voted in non-opposition.

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And then one person abstained. I don't know if it's maybe the, I think with Mantua, the head of the organization usually abstains. And that's why I think that's where we have the abstain. But seven people either supported it or a non-opposition and six people opposed it.

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and then it's a letter for each one's the same

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you know it's the same thing so and then we have the you know the letters showing you know i mean

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you know proof that we sent notice to the community and things like that um so with that

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is it safe to say sorry for the interruption that the opposition based on your knowledge

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is a result of some of the questions and or concerns that were raised about parking and

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whatever the other issues were in one of your other slides the the three issues parking deck

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and um what was the third thing

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it was parking the deck

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oh no it wasn't an issue it's just something that was just affordability which is a good thing

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right you know one of the things i i indicated to the community because i presented before

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Mantua was like they wanted to have an affordability component. I thought that this would be a model

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for Mantua going forward where you have a developer who's looking for variants, you know, in the

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neighborhood to actually set aside a certain amount of units as affordable. Like last week

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when I presented in Kensington, if you may remember, we had 132 unit apartment building.

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we set aside 16 of the units for affordable housing and both the CDR as well as the community

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really embraced that as well. So our office is trying to really push our clients when possible

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to provide an affordability package. And in here, we are allowed four units, right?

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One on each property. What we said to the community is, okay, we would like four additional units

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And it's just dollars and cents. We cannot build single-family homes based on what the construction costs are.

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single-family homes based on what the what the construction costs are it's just an unfortunate

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fortunate circumstance and i'll have god's gotta seven speak to that so in terms of those four

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additional units we said we would give two units back to the community in terms of affordable

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housing and we would give two units and we would ask for two additional units for ourselves

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um and you know i i think that's why we have more people in support and in non-opposition than

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and against. Now, with that being said, you know, the council member's office did reach out to us.

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This was originally scheduled for a hearing, and we were asked to postpone the hearing so we can

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meet with members of the immediate, you know, area. So with Andrew Goodman's assistance, we did

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schedule a meeting with, I believe, some people, but not all, and that's where we take issue with

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this um we had you know we set up a meeting and it seemed to me like our understanding was that

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the people in shedwick had issues or concerns about this project we i always am willing to

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work with the community and understand and try to compromise when when when possible ultimately we

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met like some of the members in that in that meeting one of which was most of them i understood

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them they were living on north 35th street and not on shedwick and even one of them owned but

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didn't even live there anymore but ultimately what i got from it is that they don't want anything

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built there like it's been a vacant lot for a generation and it's not like i said if you look

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at the zoning history it's been industrial and they admit that it's been industrial previous to

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it being a vacant lot and they just like the open space and that's all they want there and i i don't

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think that's reasonable under circumstances. You know, there is a responsible use, and we're hoping

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that this board sees that. So with that, I'd like to have my client adopt my testimony. I also would

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like to have Ghaziada Seven, a licensed realtor, and who has experience in acquisitions and

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development speak in terms of the due hardship. So Mr. Byram, can you virtually raise your hand?

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I have someone by the last name of Taz.

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That may be him.

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You're unmuted sir, please unmute yourself and please wait for the chair.

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I am here, Arif Bayram Taz.

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Sir, please identify yourself.

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Spell your first and last name.

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A-R-I-F-T-A-S

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Do you swear and affirm to tell 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. Notkinson?

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Yeah. Mr. Byram, you heard everything I stated today.

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Did you hear everything I stated today, Mr. Byram?

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Yes.

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And is it true and correct?

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Yes. And given the opportunity, well, do you adopt it as your own testimony?

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Yes. Okay, thank you. I also would like to have Ghazi Ada-Seven speak. Mr. Ada-Seven,

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can you virtually raise your hand?

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You may unmute yourself, sir, and please wait for the chair.

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good afternoon sir please identify yourself for the record first and last name and spell your name

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hi mr chairman i'm a member of the board my name is gazi g-a-z-i last name is era seven

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a-t-a-s-e-v-e-n um where the firm to tell the truth the whole truth nothing but the truth

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i do thank you mr notkinson yeah mr r7 uh can you in a narrative form uh state to the board

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your experience in real estate? Yes, I worked in construction and development company for three

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years and acquisition and the construction management and preparing the older project

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for the construction phase. And also for the five years, I'm a licensed real estate agent

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in Pennsylvania and New Jersey. I have the construction background and the real estate

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background both and during your and during your years in real estate um how many uh real estate

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development projects have you been involved with from the acquisition to the development phase

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uh i can say over 100. okay uh and and you've reviewed uh the merits of the project at 7 26 28

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830 and 32 North Shedwick.

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Yes, I did.

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Okay.

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Is it feasible to build a single family home given how much, given the current environment we're in?

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Is it feasible to build a single family home?

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