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Hearing video

ZBA Hearing - August 31, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 31, 20227h 0m

We have unanimous support from the RCO.

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I did want to show you the street view so you could see the challenging nature of the project

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and the property. It's this lot here indicating on my screen. First of all, can everybody see my

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screen? Yes. Thank you. And you can see you have a very large billboard right to the right of the

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property. And then there's an open parking lot on the left, not the most desirable location. So

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the two variances that we're looking for, members of the board and Mr. Chairman, are

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we're just a little bit short for the third residential unit the use is otherwise permitted

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it's a mixed use we have um an open uh vacant uh storefront that we're proposing along with

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um three units above um show you some photos and so the relief is not uh too extreme it's

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really dimensional in nature let me show you the refusal um while i'm going through this i'll ask

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steve gordon to raise his hand virtually i'm just going to have him adopt my testimony in a moment

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but there's your refusal you can see we have a little bit of an open area variance um again we

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want to have a decent number of units and we want to have them not be too overly large uh so that

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Have them not be too overly large so that they're acceptable and marketable in that particular zip code.

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there um

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As you can see, Woodland Avenue is a, you know, a mixed use, a lot of commercial, a lot of unusual uses, but it's a commercial location.

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So the use is appropriate for the area.

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Our floor plans, let me get that up.

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Here we go.

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so we're going to have trash storage in every unit there is actually rear yard access

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for the tenants but we did put trash closets in the upper units just in case

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we were unable to because we do have 100% lock coverage it's built as there's no side yard so

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we can't assume that there will be future rear yard access for all the tents but we did just

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in case put trash ventilated trash closets in each unit um and let's see we i guess that's about it

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let me have steve raise his hand virtually here's the rco letter unanimous vote in favor this is a

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this individual is a local uh individual born and raised in southwest philly and he's uh just

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hoping to develop his own community uh steve are you with us and here's the unanimous vote from the

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RCO. They like the idea that a young

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businessman from the neighborhood

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is going to be developing this property.

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Mr. Gordon, please unmute yourself

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and wait for the chair.

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He's going to swear

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you in, Steve.

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Y'all can hear me? Yes.

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Okay.

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

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please? Yes.

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Stephen Gordon.

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S-T-E-V-E-N

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G-O-R-D-O-N.

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Right.

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

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Yes, I do.

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Proceed, counsel.

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Steve, did you hear my factual statements, and are they true and accurate, and can you adopt that as your formal testimony today?

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Yes, yes, they are, and yes, I can.

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Okay.

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And you're from the area, right?

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You're born and raised in Southwest Philly?

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Yes, I'm born and raised right on the same corner that I'm trying to, you know, build this new property.

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And it would be very difficult for you to try and develop this with only two residential units, as I stated. Is that correct?

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Yes, because of the way that, you know, the economy is going.

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So I was trying to stretch it out so it would be, you know, profitable.

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But it would also be conducive for, you know, people moving in.

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And so it'll be fair for both sides, my side and the tenants moving in and also the people in the neighborhood.

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And at the RCO meeting, you promised to work with the neighborhood on finding a good as of right commercial tenant for that space, correct?

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Yes, correct.

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And we will do that. All right, Mr. Chair, that's my question.

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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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Yes, Mr. Chairman.

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On the commercial space, will we have trash storage?

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Yes, you can see here, Mr. Shahid, there's a very large utility area.

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There's actually room in the basement for trash storage for the commercial tenant.

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And the commercial tenant also will have access to the rear yard as well.

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But there's plenty of room.

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There's a full basement area for either storage or the like.

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And I don't think you're going to see a restaurant there anyway, Mr. Shahid.

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But even if we did need a restaurant, I believe we would need a, I believe we might need a special exception, but don't quote me on that.

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But anyway, bottom line is plenty of room for trash storage in the basement for the commercial space and rear yard access as well.

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Thank you, Counselor.

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Thank you.

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Questions or comments from the virtual audience?

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Planning Commission.

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Thank you, Chair. Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the Board, the comprehensive plan recommends a zoning map change from CMX2 to RM1

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at this location. We agree that the proposed dimensional variance is minimal and does not

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conflict with the purpose and spirit of the zoning code. However, this is not simply a

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dimensional variance case. There's also a request for an additional dwelling unit beyond what is

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allowed in the cmx2 zoning district this is a use variance and the applicant's hardship claim here

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is purely economic we feel the applicant has failed to demonstrate that there's a unique

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physical condition to support a hardship claim for the proposed dwelling unit count and then we also

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note for the board that the applicant is sidestepping the existing zoning bonus program

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three dwelling units would be permitted as a matter of right in exchange for provision of an

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affordable unit that's deeded affordable, but the applicant's asking the board to grant that

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but the applicant's asking the board to grant that additional unit without providing the required

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additional unit without providing the required public benefit.

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public benefit. We recommend that the board grant the dimensional variance, but deny the use

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variance for a permitted maximum of two dwelling units. May I in response, Mr. Chairman?

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If this were going to be, I just heard, I thought I'm confused by that testimony. The Planning

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Commission says that they want it to be arm one. So that would allow at least three units,

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if not four i believe the the lot is big enough to have four residential units so i'm not sure

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why that doesn't make a lot of sense to me but we would get three units easily with the rm1

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so i'm not sure about that but anyway i think the case is clear

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yeah to clarify the position is based on the refusal that's been issued by lni

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this is currently zoned cmx2 which permits one uh commercial unit and two dwelling units the

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The applicant has asked for an additional dwelling unit which could be achieved by participating

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in the mixed income housing program.

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Thank you.

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MI 2022 002 381 5437 Woodland Avenue, I vote yes with proviso.

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Use registration for commercial space required prior to occupancy.

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carol tenary my vote is yes with proviso thomas halliman my vote is yes with proviso

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james snell yes with proviso ishmael shaheed yes with proviso thank you thank you for your

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number four mi 2022 002 576 2056 north bodine street henry clinton is the attorney

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letter of support from the NARS Square Community Alliance.

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Mr. Clinton, can you please raise your hand?

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He's coming back in as a panelist now, Chair.

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Good morning, Mr. Clinton.

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Good morning, Mr. Chairman.

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

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Sure. Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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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, Mr. Chairman.

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Could you identify your client in relationship to this property?

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Sure. My client is Leo Isilovich, I-O-S-I-L-E-V-I-C-H, and he is a principal of the owner's LLC.

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uh may i say one thing there's three properties that were reviewed by norris square community

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and i submitted all three as one entry yeah i think uh council we've talked about this before

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i think we're going to hear them all separate because of the locations where they are sounds

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sounds good okay okay mr chair if i could yeah if i could just jump in um mr clinton unfortunately

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the other bodine street case which is right next door is on the 330 list and because of posting

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requirements we couldn't move it to another list and the reese street property is a few blocks

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away so we felt that that was not appropriate to hear with the bodine case on the 930 list

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thank you thank you henry for looking to try to do that um our vice chair has a few questions

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Good morning, Mr. Clinton. Do you agree to waive the reading of the refusal and stipulate

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to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy

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of the refusal or referral, photos and or plans of the property five days in advance

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of this hearing and have you met with the RCO and do you have a letter?

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Yes, to all of the above.

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Okay, you may proceed and show your screen.

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Thank you.

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Is that visible, Mr. Neri?

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It is, it is.

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Okay. Good morning, Mr. Chairman, members of the board. Henry Clinton for the owner of the property, 2020 Reese LLC. And as Mr. Chairman mentioned, this is 2054 Bodine Street. My presentation package includes two other properties, but we're going to concentrate on 2054 North Bodine Street.

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My package contains exhibits AA through A10, which I ask to be admitted into evidence as we proceed.

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This is my appearance statement, and this is the refusal for Bodine Street.

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Basically, this is an RSA 5 zoning district, and we're asking for a two-family...

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Sorry, Mr. Clinton, I'm just interrupting.

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2056 North Bodine is the one that's on the 930 list, not 2054.

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not 2054. Thank you. I know it's confusing. I'm sorry. I can't correct it. I'm glad you're

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Thank you. I know it's confusing.

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watching over my shoulder, Ms. Emerson. That's good news. So let me retrace my steps. This is

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2056 North Bowdine Street, and my presentation package includes the same exhibits that I

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referenced previously, and I'll ask that they be admitted into evidence in this case. We have two

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refusals. One is a use refusal because this is an RSA 5 zoning district. We're asking for two

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family dwelling. The other is a dimensional refusal. We're about seven percent off on the

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occupied area, which I would consider de minimis as we proceed. We have a letter of support from

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NARA Square Community Alliance. You can see 2056 was voted on and there was basically overwhelming

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support for the project. There was no letter of explanation other than there was just a straight

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vote. So this is 2054, but we're talking about 2056, which is the adjacent property in this

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aerial photograph. You can see that this block is one that has many, many vacant lots. And the

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feeling of the community was having some development, or perhaps spur on additional

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development in this RSA 5 zoning district. Additionally, across the street, American

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Street is right here to the east, but across the street, this is also an occupied lot now,

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but it's all commercial, as you'll see in my next photograph. So we have a situation where

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we're looking for multifamily use toward the end of this block, directly across the street

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from a commercial establishment.

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This is a photograph looking south.

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Again, here is where the commercial establishment on American Street has expanded

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and usurped the ground on the east side of Bodine Street.

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2056 is right here, right before the telephone pole,

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which appears in this photograph on the right-hand side.

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these are the plans for

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you just get the right set of plans here these are the plans for 2056 bodine street

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we basically have a unit on the basement in the first floor and then we have a unit on the second

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and the third floor each are three bedrooms two baths the unit in the basement in the first floor

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as rear yard access for open space

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and the proposed unit on the second and third floor

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as access on the rooftop deck.

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This is the floor plan, again,

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indicating three bedrooms on the first and second floor,

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excuse me, basement on the first floor,

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and then the same duplication of three bedrooms

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and two baths on the second and third floor

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with the rooftop deck.

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We have our tax certification, the additional pro forma documents that one would see in an application such as this.

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I just want to point out to the board, besides the fact that half the block across the street is commercial,

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as you can see, American Street is to the east. This is commercial.

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The property is also a mere two vacant lots from the corner, all of which is surrounded by an RM1 designation.

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So the proposed use is kind of consistent with the area, not necessarily that side of the block, but with the surrounding area.

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Indeed, our notice letters to all the community.

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So in summation, I would just like to argue that the dimensional variance is de minimis.

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The two-family use in an RSA 5 zone is somewhat consistent with the surrounding area.

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As I say, 2056 is actually two in from the corner.

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2054 is the third one.

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So forgive my confusion there.

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But again, we have RM to the west.

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We have commercial to the east, and we're a mere two lots in off the corner.

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It's not an overuse of the property.

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The lot is fairly large.

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The community group is looking for additional development on the block to spur development.

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And at future times, if future projects come before the board or before the community where they want to press for single family, they're certainly entitled to do so.

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With that, I'd like to rest and ask that my client be unmuted and permit to adopt my testimony.

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And I'll accept questions, obviously, from the board.

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Mr. Clinton, what's your client's name?

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Mr. Clinton, what's your client's name?

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Leo Isilovich, I-O-S-I-L-E-V-I-C-H.

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