civus
Hearing video

ZBA Hearing - November 18, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 18, 20204h 3m

I ask that my exhibits be admitted.

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And if we can unmute Mr. McAleer, I'll ask him if he'll adopt my testimony and take any questions from the board.

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Mr. McAleer, are you available?

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He hasn't raised his hand.

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all right mr clinton uh as an officer to court will stipulate that your client

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i do have a phone number ended in 4341 that's it that's it mr andy sorry

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mr where yes hi good afternoon please identify yourself with the records by your last name

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Cormac McAleer, M-C, capital A-L-E-E-R

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We're in a firm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Thank you, Mr. Clinton.

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Mr. McAleer, have you been on the entire call when I presented this project?

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Yes.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes, sir.

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Thank you, Mr. McAleer.

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

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We'll hand it at this time, Chair.

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Thank you. Planning Commission?

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Good afternoon, Chairman, members of the board.

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planning commission staff the comprehensive plan proposes that this parcel be remapped to rsa 5

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residential single family attached the proposal aligns with this recommendation and therefore we

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have no opposition to granting the variances thank you very much mi 2020-001822 1611

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on south 29th street my vote is yes my vote is yes my vote is yes my vote i believe that

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concludes the two o'clock list tanya is that correct yes chair that's correct all right

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any unfinished business not that i have not that i have either i i haven't said this in a long time

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I'll see everybody at 3 30. Gary. All right. See you at 3 30.

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We are recording. Thank you. Good afternoon everyone. My name is Frankie Chico. I'm the

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participating in today's hearing along with our Vice Chair, Ms. Carol Tenere, Board Secretary,

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I'm sorry, Board Members, Mr. Thomas Holloman and Mr. James Snell. Board Administrator Ms. Tanya

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Sunkett and Board Attorney Ms. Sharon Saleta are also in attendance. For those of you who have not

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yet participated in one of our virtual hearings, I'll go through some of the basics of what you

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can expect. First, we will be administering oaths to individual participants prior to their

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testimony. Second, for the benefit of anyone participating by phone, we ask that attorneys

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and witnesses identify themselves prior to speaking or testify. Third, we'd like to advise

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everyone that this proceeding is being recorded and that by participating you acknowledge your

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agreement to be recorded. Fourth, for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself. I'll repeat,

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for anyone participating by phone, if you wish to testify, you must raise your hand by hitting

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You must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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star nine and then star six to unmute yourself.

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Finally, to make an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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i'll repeat to enter an appearance statement call google 267-270-5548 and leave your email address

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and the address of the property at issue with that said we can begin but before our vice chair

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miss carol tenere calls our first case we'd like to ask if there's anyone who's requesting a

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continuance or withdrawal for the 3.30 session this afternoon. In the meantime, I will read off

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a couple of cases that we've already been requested to continue. Number two on our list,

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MI 2020-000214, 1825 East Pacific Street. Also, 180, I'm sorry, MI220,

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excuse me again mi 2020-001216 8104 castor avenue if the attorney or the applicant is present and

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you disagree with the request for continuance please raise your hand and in addition anyone

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who is requesting a continuance or withdrawal please raise your hand at this time

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we have a mr polly i'm sorry i can't hear you steve pollock mr pollock good good afternoon

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chairman members of the board i don't know if you can hear me yes we can please identify for

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the record spell your name and i'll swear you in all right uh steven g pollock p-o-l-l-o-c-k

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I am requesting a continuance for 6130 West Pass Yonk Avenue.

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I swear and affirm to tell the truth, the whole truth, nothing but the truth.

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I do, Mr. Chairman.

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Okay, there's a request to continue 6130 West Pass Yonk Avenue.

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Is there anyone who has any?

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Hello?

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Yeah, we just, we haven't had time to arrange a Civic Association RCO meeting.

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I know Councilwoman Gauthier has also sent a letter requesting a continuance, so we're in full agreement.

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We just hope that we could get a date sometime in January, hopefully, for this.

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Okay, we're just asking if there's anyone else, anyone objects to this request for a continuance.

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No objection?

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No, he was.

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I'm sorry?

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No, he was.

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MI 2020-001651-6130 West Pass Yonk Avenue is continued.

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All right.

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Thank you, Mr. Chairman.

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Any other requests?

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Have a great day, everybody.

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You do likewise.

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Stay safe.

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You too.

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Wash your hands.

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All the time.

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We have some folks.

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Mr. Folks?

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Chairman DiCicco.

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That's right.

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Please identify yourself.

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And you have already been sworn in.

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Yes, sir. My name is Sloan Folks, Office of Councilwoman Maria Quinonez Sanchez, room 508 City Hall.

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We are requesting a continuance for meeting number MI-2020-00028.

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I'm sorry. No, no. I'm sorry. MI-2020-0012242740C Street.

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um we don't have a record of a community meeting uh or letter from the rco thank you

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um we do have a request from the applicant's attorney to continue this case very good thank

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you if she is in attendance it starts breaking up sharon hello

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Sharon you're muted I'm sorry I guess I'm sorry it was um the attorney is Dorothy Hamill I believe

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she was in attendance earlier maybe just to confirm that it was continued oh yeah I kicked

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her out because she came into the panelists list um so I don't know if she was able to get back on

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because I kicked her out she will not be able to access again so I don't know if you want to reach

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out to her sharon oh that's right she did request continuance she probably cares only

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all right okay all right mi 2020-001224 2740 c street is continued any other requests

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Any other requests?

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No more hands, Chair.

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Thank you.

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We'll go to case number one, MI 2020-001218, 1832 North 22nd Street.

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this isn't jen is coming in as a panelist

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good afternoon mr jen

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when you get on just identify yourself you're still under oath from earlier today

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good afternoon um i am if i may just have a few more minutes

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I am about to set up my system, and unfortunately, I was caught on the road a little bit.

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If the board would move my case back slightly, I will be ready in about five minutes.

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Okay, we'll move your case back.

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We'll go to the next case, number three on our list, MI 2020-001217, 2004 Pemberton Street.

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mr chairman that's me okay mr clinton uh please identify yourself you're still under oath

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thank you uh good afternoon mr chairman members of the board henry clinton 1313 south 33rd street

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philadelphia pa 19146 do you agree to wait with reading of the refusal and stipulate to its

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accuracy mr clinton i do and have you emailed an exhibit packet with the required documents

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including proof of ownership proof of tax compliance a copy of the refusal or referral

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photos under plans of the property five days in advance of this hearing and have you met with the

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rco and do you have a letter yes to all of you above thank you you may proceed

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Ms. Sunkit, may I share my screen?

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Yes, you can, sir.

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I think I should start at the beginning.

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This is the calendar number, today's date, hearing.

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These are the table of contents, AA through A10.

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On the line with me is Philip Conway, who is the principal of PLR Investments, LLC, and he'll be

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able to adopt my testimony at the end of the presentation. Entry of appearance, refusal.

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This refusal, two refusals, this proposal is for a single-family home in the middle of the block,

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toward the end of the block but in the middle of a group of row homes and typically when the board

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knows when you build a single family home three stories in between two stories that the third

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floor has to be set back. This is in the graduate hospital area and typically the graduate hospital

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community group which is SOSNA prefers that the third floor be a mansert roof with two dormers

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and that's what this project is. The only other issue concerns the rear yard open space required

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with five percentage points off. I can explain that to you when you see photographs of some

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of the other rear yards on that particular block. We did meet with Sazna and we do have a letter of

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support. This is their explanation as to the property. It's 60 by 50 and we will have a

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basement. There's an existing basement there. This was the final tally or vote, basically nine in

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favor, none against, and they're taking the position of support. The one thing they did ask

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us to do, well, they'd asked us to do a lot of things which we agreed to, but one of which was

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that when we build this structure, Mr. Conway builds this structure, that the cornice lines

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from either of the two-story homes

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on either side of our project

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that they all line up.

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And you can see that I signed that

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on behalf of Mr. Conway

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and we will abide by that suggestion.

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These are photographs

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giving the board some perspective.

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This is the property right here.

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You can see it's a mix

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of three-story and two-story.

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And some of the two-story

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were put up years ago

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before Sazna suggested

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that the third floor be or be kind of can it back with a mansert roof.

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Another just shot overhead just again just show you show you the rear yards.

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Some of the rear yards are deeper than others. This house here at 2002.

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Some of the rear yards are deeper than others. This house here at 2002 actually goes back this far,

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and then there's another extension over here, which I'll show you in one of the other photographs

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that I took. So this is looking east. This property here is 2002. This is our property,

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2004. You can see where 2002 actually has half the width of the yard, another extension brick

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with a roof rooftop on it leading almost back to the rear fence and an alleyway.

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These are just some other homes on the block showing you that a number of homes are built

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straight up without any setback and that they were built prior to the change in the code.

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This is the rear yard again just giving you another perspective. Here's another home on

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the same block under construction and they're doing basically what we're doing. We're going

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to have a mansert roof with two dormers, but we will be continuing the cornice line as suggested

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by SOSDA. This is the property itself. You may ask the question, why are you going to knock the

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property down and demolish it? Well, because there's three star bolts right now between the

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first and second floor actually holding the brick facade in. There's also some giving way of the

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front steps. And if you look closely at the windows, the windows are peeling away from the

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brick in some areas. We do have a proviso form with one page to be revised if the board looks

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kindly upon this application. These are the plans. Here's the property, two-story on either side.

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We're carrying the roof line over. We have some metal going on an angle. If you look at the side

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view of the property, you can see that it goes up slightly and the dormers are projecting out

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from the mansert roof. There's a railing for sight line for people on the other side of the

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block so they can still maintain their views of center city. And here's the pilot house.

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We have no issues with height. We're well within that requirement of the code.

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This is the floor plan. Basement basically is open.

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Living kitchen on the first floor, second floor, two bedrooms, third floor master,

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bathroom in the back with a rooftop deck set back appropriately.

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Again, just to give you a perspective of what this mansion will look like,

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comes up on an angle with the dormer's projecting outmark.

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Sazna asks us to do a number of things.

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Some exterior lighting just showing down.

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Cornish line, they also ask us to carry

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some of the siding on the side,

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which we've agreed to do.

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The rest are perfunctory documents,

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our deed, our tax certification,

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our appeal, as well as our

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program information form, and this is just a copy of the zoning for that area.

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We also have our letters indicating that we did provide notice to all the neighbors of both

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the community meeting as well as this meeting. Mr. Chairman, I'd like to ask Mr. Conway if he

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can adopt my testimony, and Ms. Dandy, if you can unmute Mr. Conway.

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yes he just needs to raise his hand

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good afternoon sir please identify yourself with the record spell your name

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so philip conway it's i-l-i-p last name conway c-o-n-w-a-y

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do you swear and affirm to tell the truth the whole truth nothing but the truth

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yes I do good afternoon Mr. Conway how are you good afternoon Hank how are you good good you

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were on the call when I went to the project that you intend to build at 2004 Pemberton Street yes

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I was and did you hear my testimony yes I did and if you had the opportunity to testify would you

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