civus
Hearing video

ZBA Hearing - August 10, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 10, 20224h 29m

uh bathrooms and then there are also some that are just sort of more common

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okay my vote is yes it's no shaheed yes all right thank you thank you thank you counsel

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thank you all right mi 2022 003 643 21 14 to 40 art street and labor is the attorney

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um letter of support from logan square neighbors neighborhood association

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

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Good afternoon, Mr. Chairman and members of the Board.

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Mr. Laver, you've already been sworn. Just mention your name, state your name, please.

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Adam Laver.

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Could you identify who your client is in the relationship to the property?

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Yes, Mr. Chairman, members of the board. I represent 2114-40 Arch Street Associates, which does business as PMC Property Group Incorporated. This entity is the owner of the subject property at 2114-40 Arch Street.

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Our board secretary has a few questions.

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Of course.

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Good afternoon, Mr. Labor.

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Good afternoon, Mr. Shahid.

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Do you agree to weigh the reading and the refusal and stipulate to its accuracy?

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Yes, Sarah, I do.

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Did you email all the exhibits and documents as required, such as proof of ownership, tax clearance,

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copy of refusal or referral, pictures of the drawings of the property five days in advance of this hearing?

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Did you meet with the RFCO? Do you have a letter?

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Yes to all.

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Great. Please proceed and share your screen.

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Thank you.

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Mr. Chairman and members of the board, as I mentioned, Blank Rome represents the owner of the subject property.

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It is located at the southeast corner of 22nd and Art Streets, which should be up on your screen.

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And let me help to define it for you, if I may.

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The property takes up most of the block.

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It's this entire structure that I am trying to show you with the cursor.

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It's a series, as you can see, of different properties that were consolidated over the years.

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Most of the property comprises 62 apartments.

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There's vacant space, however, right here at the corner in the three-story property.

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That had previously been occupied by the Science Leadership Academy, SLA Charter School, which I believe moved into the Spring Garden neighborhood off of Broad Street.

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Here you can see more of a close-up rather than an aerial of that subject property, and this photograph actually shows the old signage from Science Leadership Academy.

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And one more, this is the back of the property, the south of the property, Walden Street, and the side of the property along 22nd Street, with what had been the entrance to the Science Leadership Academy, and is now vacant space.

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With us today is Adriano Calvinese of PMC Property Group, who is available if questions arise.

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The subject property is located in the CMX3 zoning district, as you can see on the screen.

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On the left of the screen now is the subject property, and on the right of the screen is the Greentown Montessori School.

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The application before the board is to permit the relocation of the beloved Greentown Montessori School, a gem in the neighborhood, a gem in Philadelphia.

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which is currently located at 2121 Arch Street with a location also down the street.

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Unfortunately, the Greentown School was hit hard by what I refer to as the biblical floods that

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occurred at about this time last year. The space across the street at the former Science Leadership

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Academy space is ideal for Greentown Montessori. The use itself, the child care use, is approved

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under the zoning code. However, the necessary outdoor space for children's play, a roof deck,

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requires special exception approval. You can see on the right of the screen, the existing location

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has that in place. It's been there for many years. We are proposing the same atop the three-story

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portion of the subject property to the west of the subject property. Daniel Rayner, who's president

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to the west of the subject property. Daniel Rayner, who's president of Koreantown Montessori

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Schools Board of Directors is here, along with Sarah Sweeney Denham, who is head of school,

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and I believe many other supporters have been patiently standing by should the board wish to

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hear from them. In addition, as noted, Logan Square Neighborhood Association has supported

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this request. They are the coordinating RCO, and Rich Lineback is present to speak if desired.

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This is not a refusal. It is the lower standard of referral, which is up in front of you. There

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is one issue. Roof decks accessory to non-residential use in the district require special exception

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approval. Here is how the roof deck across the street is being used or was being used and how

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it would be used in the proposed location. A beautiful children's space for healthy outdoor

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activity and exercise during normal hours. So many members of the community have sent their

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children, grandchildren, and others to the school.

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It's really considered an amazing amenity.

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The proposed roof deck across the street

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would be about 4,000 square feet resting

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above the third floor of the portion of the building

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to the west and above what had been the Science Leadership

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Academy.

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There's just another plan showing that space.

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We have worked closely with the Logan Square Neighborhood Association, which supports the application for special exception.

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And that letter is before you.

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It was a very clear vote.

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The proposal fits into the surrounding neighborhood as evidenced by the support of the coordinating RCL.

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In the interest of time, I believe that I hope that Mr. Calvin Easy is still available by telephone from PMC Property Group to adopt and affirm if you like.

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And if not, or additional testimony is needed, there is a large group from the Greentown Montessori School who is here.

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Mr. Calvin Easy has indicated that he's available by phone.

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So why don't we have Mr. Calvin Easy adopt your testimony?

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Sir, would you please raise your virtual hand, or perhaps if you're by phone and that becomes more difficult, the administrator will be able to identify a telephone participant who would like to speak.

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Mr. Laver, would you happen to know the last four digits of his telephone number?

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Yes, I believe it would be 3232.

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there we go uh mr calvin easy would you please unmute

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hi could you please state your name and spell it for the court

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yes adriano calvinese a d r i a n o adriano calvinese is c a l v as in victor a m e s e

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Do you swear, affirm, to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Proceed, counsel.

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Thank you. Mr. Calvinise, thank you for staying with us through this hearing. Have you been able

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to hear the entirety of the testimony that I've offered today?

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Yes, I did.

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And Mr. Calvinise, would you adopt and affirm the testimony that I have offered as your own?

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Absolutely.

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Thank you, sir.

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questions from the board no mr chairman no mr chairman

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questions or comments from the virtual audience

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here i see no heads at this time just a moment here someone just raised their hand

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okay mr lineback can you unmute yourself and wait for the chair please

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

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Sure. Rich Leinbach, L-E-I-M as in Mary, B as in boy, A-C-H.

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

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I do. Proceed, sir. I am a board member and a co-chair of the zoning committee of Logan.

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I am a board member and a co-chair of the zoning committee of the Logan Square Neighborhood Association.

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And at our July 12th meeting on this project, we voted unanimously 27 to 0 to support the request for the special exception.

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Mr. Lineback, thank you very much for calling in. We appreciate your time.

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Any other questions or comments from the virtual audience?

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Chair, I see no hands at this time.

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Planning Commission.

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Thank you, Mr. Chairman.

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David Fecto, City Planning Commission.

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The comprehensive plan recommends no change to the commercial mixed use zoning at this location.

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The applicant has shown that a roof deck will have no more of an impact than a roof deck would be expected to have.

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Therefore, the City Planning Commission recommends the board grant the special exception for a roof deck.

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Thank you, David.

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MI-2022-003-643-2114-40, Archery, I vote 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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Thank you, counsel.

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Thank you, Mr. Chairman, members of the board.

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Have a good afternoon.

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I thank you.

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Number eight, MI 2022-003-079-2628-44 Martha Street.

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Joseph Consul is the attorney.

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There's an email indicating that the East Kensington Neighborhood Association has a letter of non-opposition.

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

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Thank you.

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Mr. Chair, this is Hillary.

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I just wanted to note for the record, we received a letter from Council Member Squilla today

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leaving the decision of this case to the board because they did not receive a letter from

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East Kensington Neighbors Association either, but it also received no opposition to the project.

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Thank you so much.

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Good morning.

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All right, Mr. Consul, could you state your name and spell for the court reporter, please?

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Yes, Joseph Consul.

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That's J-O-S-E-P-H-C-O-N-S-O-L-E.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Could you identify your client and the relationship to the property?

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Yeah, it's Andrew Robinson and Dylan Carr.

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They trade under the name Crown and Feather Tattoo.

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They are tenants of Gerard Galster, who's the owner of the building.

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Thank you.

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our uh board secretary has just a few questions okay

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i'm sorry this is tanya i think ishmael is having some problems right mr council have you

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provided me by we hear you now is

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yes do you agree to waive the

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mr consul do you agree to uh waive the uh

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waive the referral reading of the refusal and stipulate accuracy yeah uh it's a referral yes

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but yes okay and and um you've had all your paperwork in within five days

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yes sir with the exception of the the email uh indicating on opposition but the letter

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from the rco has not come through yet we called we emailed that's fine but you do have you do

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have an email with that one right i do yes yeah all right proceed all right uh joe council here

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2628 through 44 martha street uh this is a commercial mixed use building uh we have it's

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This is the property itself. There are artists and other makers in this space, as well as at least one other body art group, and my clients, Crown and Feather, in fact, have space in this building as well, in addition to space 2C, which is highlighted on this document here.

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we just labeled it just to show you which unit specifically we are here asking for approval on.

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It's for body art. Traditional tattooing, the business hours are going to be Tuesday through

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Saturday, 10 to 6, estimating around seven clients per day. And then following that,

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we have all of the other necessary documents, including the lease agreement with the owner.

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and the very end our tax clearance certificate and at the very end we've got some examples of

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our clients work um not to have your testimony adopted mr counsel yes is uh

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andrew or dylan available on the call still

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Chair, we have Dylan Carr. Mr. Carr, you can unmute yourself and wait for the chair, please.

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

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Yes, it's Dylan Carr. That's D-Y-L-A-N-C-A-R-R. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Council?

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Good afternoon, Mr. Carr.

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Did you hear my testimony right now regarding your space on Martha Street?

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Yes, I did.

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Do you adopt it as your own?

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Yes.

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Is there anything you'd like to add today to the board?

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No, I think that's all.

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All right.

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Thank you very much.

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I have nothing further.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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chair i see no heads at this planning commission thank you planning commission

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thank you mr chairman david facto city planning commission the comprehensive plan recommends no

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change to the industrial and residential mixed use zoning at this location the applicant has

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shown that the proposed body art services will have no more of an impact than body art services

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would be expected to have so the city planning commission recommends the board grant the

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special exception for body art services. Thank you. MI 2022-003079-2628-44 Martha Street, I vote yes.

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Thomas Alvman, my vote is yes. James Snell, my vote is yes.

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thank you my vote is yet thank you thank you so we have one more i believe one more case in

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in the the two o'clock list i'm going to do it then we'll take a short break afterwards

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mi 2022 002 546 2772 to 74 coral street william o'brien is the attorney

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um letter of opposition from somerset neighbors for better living

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mr o'brien is coming back in as a panelist now chair

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there's also a petition signed by 33 neighbors in support

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mr o'brien could you state your name and spell for the court reporter please

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Yes. Good afternoon, Mr. Chairman. William O'Brien, W-I-L-L-I-A-M, O-B-R-I-E-N.

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

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I do.

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Could you identify your client in relationship to the property?

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Yes. Alex Atkinson is sitting to my right. He is the owner of the property,

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has been for the last five years. He also resides at the property.

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thank you our board secretary has a few questions do you get out to know council do you agree to

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waive the reading of the refusal and stipulate to his accuracy yes i do did you email all the

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exhibits and documents as required such as the proof of ownership tax clearance copy of refusal

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or referral pictures or drawings of the property five days in advance of this hearing and did you

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meet with the RCO, do you have a letter? Yes, I did. To all of those.

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Great. Please proceed and show your screen. Thank you.

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so this here's the refusal

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