civus
Hearing video

ZBA Hearing - August 18, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Aug 18, 20263h 10m

Good morning, everyone. My name is Bill Bergman and I will be chairing this morning's

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meeting of the Zoning Board of Adjustment. With me is our Vice Chair, Tanetta Grant.

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Present, Mr. Chairman.

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Our Board Secretary, Charlotte L. Gaston.

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Present, Mr. Chairman.

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Board Member, Michael Johns.

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Present, Mr. Chairman.

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Board Member, Taya Nguyen.

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She may be on her way. Also, here is our attorney, Lynn Reuter-Huber,

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our ZBA Executive Director, Ian Haggerty, and our Board Administrator, Lakeisha Dandy.

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This hearing is being recorded and will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote participation.

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Whether in person or on Zoom, if you're called to speak, please state and spell your name,

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wait to be sworn in, and then after that, each time you testify, start by stating your

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name.

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to enter your appearance indicate the property address on the zoom webinar speak with a staff

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member call the zba office by the close of business tomorrow call 215-686-2429 and provide

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your name email and the address of the property in question remote participation raise your

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virtual hand when directed to speak. When we call on you, you must click the join as a analyst

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button. Use the Q&A only for procedural questions, not questions about the case.

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If you are joining by phone, press star nine to raise your hand and star six to unmute.

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In-person participation. If testifying, get close to the mic so that all attendees and

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the court stenographer can hear you. No talking, eating, or drinking during the hearing. Aggressive

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behavior will not be tolerated. In an emergency, follow the staff instructions. The main exit is

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the two doors at the rear, and there are stairwells to the left once you get out into the hallway.

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If we evacuate, please go to Love Park, which is across our street, and please remain there

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so we can account for you so let's take a look at our schedule today

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number eight mi 2025 waltz road mi 2026 003033 um could the spanish interpreter please come on

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Good morning, Chair. This is Doreen, and I will be co-hosting this morning.

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Thank you.

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You're welcome. The Spanish interpreter will be coming in as a panelist.

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Sure. Thank you.

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Good morning.

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Good morning. Could you please state and spell your name?

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rancor rodriguez f-r-a-n-c-o-r-o-d-r-i-g-u-e-c do you swear or affirm that you will interpret

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accurately completely and impartially from english to spanish from spanish to english

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thank you okay could you please call um maria good to teres to come on please

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uh can you repeat the name sorry yes maria g-u-t-i-e-r-r-e-z

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there are no hands raised okay uh interpreter could you uh we we're continuing with this case

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until 9 15 26 at 9 30 a.m could you please announce this for us

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thank you very much sir we appreciate your help is there anything else i can help you with today

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no that's fine thank you very much all right have a wonderful day everyone bye bye all right

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We're going to go to number one, MI 2025-004-134-3813 Folsom Street.

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Alan Nockmson or Al.

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Mr. Goldberg, this is a resumptive hearing.

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Good morning, sir.

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Good morning, sir. Could you please state your name and spell for the stenographer?

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Could you please state your...

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Alex Goldberg.

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Alex Goldberg. A-L-E-X-G-O-L-D-B-E-R-G.

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

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I do.

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Mr. Goldberg, this is a resumptive hearing.

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Our schedule is that we will have an update from you.

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There'll be questions from the board.

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We won't take public testimony.

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It will be limited to what is additional today.

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And then we will go to the Planning Commission.

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So could you please start your presentation?

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Sure, I can.

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And you might want to just give a little overview of what the case is about.

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Okay.

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So the property address is 3813 Folsom Street.

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We presented to the board on June 17th at 3.30 p.m.

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The application is for a three-family dwelling,

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the erection of a three-family dwelling on a currently vacant lot this this application

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was approved previously by way of variance in 2021 it had the support of the coordinating rco

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at that time which was mantua civic association due to financing issues my client was unable to

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build it the permit expired and they went to seek that variance again with the same set of plans

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the application was again supported by the coordinating rco which was hope phl this time

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around we also have a letter of non-opposition from the council member council member gautier

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and when we came to the zoning board on june 17th there was some feedback that the massing of the

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structure was out of character with the block and it was recommended that we create a mansard roof

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or a third story setback so we've done that we have a provis proviso form and revised plans

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that you can see. Let me go full screen mode. Right here, listing the changes to the architectural

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drawings where we added a mansard roof to the third floor. There's a very slight increase in

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building height just because of that mansard roof, but pretty negligible. We also shrunk the

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building slightly in the rear to give a little bit more light and air in the back and rear yard

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space, an additional six feet. In turn, that reduced the occupied area. We've also added a

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built-in trash enclosure to the front of the property and we we corrected the front setback

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which was previously listed at eight feet to match the adjacent property but upon an additional

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measurement it was actually 10 feet so that was corrected these are those revised plans you can

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see the mansard roof whoops the mansard roof there go to the floor plans i think it'll give

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you a better idea of what we're working with here obviously the property was posted again

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and here were the revised drawings so there's a trash enclosure in the front

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there is obviously you know additional space in the rear yard uh 16 foot wide rear yard there's a

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there is basement use but we've um sort of carved out a basement walkout out of the rear

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and kind of like a sunken patio back there so what you're looking at is sort of top down here

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the green the green unit is the top floor it is a two bed one bath the second unit is pretty

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similar two bed one bath and then the blue unit is the first floor and lower level which is a

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two bed two bath we added a porch at the front again out of the mansard roof and you can see

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that there's you know this walk out here as well as a walk out of the rear here as well

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um with that i'm happy to take any questions from the board questions from the board i guess if

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you'd like for my client to adopt that you could if you bring okay heaven thomas is in the virtual

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audience heaven thomas is coming in as a panelist thank you

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heather he should be coming in now chair sure

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heaven thomas can you unmute yourself

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hello hello hi good morning could you good morning could you please stay

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and spell your name for the stenographer hello my name is heaven thomas h-e-a-d-e-n last name

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hello my name is heaven thomas h-e-a-d-e-n last name thomas t-h-o-m-e-s

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Thomas.

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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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unmute please

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you're muted hi hi do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes counsel heaven did you hear my testimony today yes was it true and correct yes and do you

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adopt it as your own yes thank you questions from the board what's what's the material of the uh

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uh trash can enclosure in the front and how high is that so the the trash can enclosure i believe

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is going to be sort of like metal panel doors or like metal screen doors as far as the height the

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first floor is two feet six inches above grade it looks according to this plan that it's just about

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at that height level um so that so the trash cans will be pretty pretty well screened yes okay all

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right all right thank you you're welcome all the questions yeah i'll quickly um so there's also

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trash storage in the rear well that's just theoretically unit one could store their trash

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in the rear but um you know i think it would just be easier to to store it where the rest of the

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trash stored. Okay, thank you. Questions from our attorney? No questions at this time, Mr. Chairman.

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Questions or comments from the virtual audience or the present audience here?

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There are no hands in audience, Chair. Planning Commission. Amy Boyd with the Planning Commission,

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A-M-Y-B-O-Y-D. Do you swear or affirm to tell the truth, told truth, nothing but the truth? I do.

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please proceed chair we've already been on the record about this case but i'm happy to repeat

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if you wish sure why don't you do that the comprehensive plan recommends no change to

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the rsa 5 residential single family attached zoning at this location there is no unique

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condition or circumstance of this property that would prevent it from being used in conformance

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with the zoning code therefore the planning commission recommends that the board deny the

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proposed use variance for multi-family household living thank you um um this case is closed uh we

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will vote on this one 8 26 26 at 9 30 a.m okay all right thank you had conversations with council

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about that yes okay thank you number five

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Number five, MI 2026, 000492, 4055 West Dorot Avenue. Henry Clinton is the attorney.

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henry clinton will be rejoining as a panelist thank you good morning mr chairman members

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mr clinton could you please state and spell your name 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.

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Mr. Clinton, this is a resumptive hearing.

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My understanding, you will give us an update.

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The board will have questions.

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There will be public testimony.

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And planning will also have a chance to take questions.

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So why don't you start?

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And if you would, please just give us a brief overview of where we are with this.

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Is that visible, Mr. Chairman, the first page?

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Yes, sir.

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You might want to make it just a little bit bigger if you get a chance.

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Got it.

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So I was before the board early June on this project.

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The project involved the rehabilitation of the long dilapidated building, 4055 West

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Girard Avenue.

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We had full support of the community for six units.

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we presented to the board in the cmx2 zoning district the board was not enamored with the

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number of units the size of the bedrooms uh as well as a apartment uh in the basement and we've

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since revised those plans and i have those to present to the board today table of contents

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here's a refusal it was simply concerning use we had no issue with open space rear yard it was

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simply a use it issue in the cmx 2 zoning district we did have the rco east parkside

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residents association full support with the initial refusal and we had

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with the initial refusal and we had signatures from the block you may recall this building it's

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a large building on gerrard avenue in bad shape my client has done some make safe issues with

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the property to safeguard it and i'll show you the original plans and this may help you recall

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what we talked about in June so these were the original plans that we

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presented to the board again vacant commercial space on the first floor we

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don't know what that commercial space will become we had a an apartment studio

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in the basement first floor another unit and then on the second and third floor

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we had two units there was concern from the board about the two bedrooms in the

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rear we've since changed that and made those one-bedroom units the same with

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the third floor so I'll move on to the revised plans again reduction in

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apartments from six to five elimination apartment in the basement which is now

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designated as storage inclusion of trash closets and kitchens of all five

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apartments second of floor rear bedroom apartments are reduced uh the bedrooms that is reduced from

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two to one here are the revised plans again commercial space uh in the front basement

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storage in the rear there's an existing uh access from the sidewalk into this rear space

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so it's really not in egress well it's it's an opening that you would see

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typically on corner stores where there are iron grates that you can open up and

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walk down into the basement on the first floor one apartment in the rear now

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included the furniture in the drawings and again commercial vacant space in the

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front you go up the stairs situated in the middle of the building to the second

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floor, one bedroom in the rear, two bedrooms in the front, and that same floor plan is repeated

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on the third floor as you continue up the switchback steps with one larger bedroom in the

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rear and two bedrooms in the front. So that is the presentation. My client is here to adopt my

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testimony why don't you bring your client all right my client is to my right your left can

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you spell your name for the board please my name is nevin abedina n-e-v-i-n henry could you bring

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him a little closer a little closer spelling is n-e-v-i-n capital a-b-e-d-i-n-a-j do you

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swear or affirm to tell the truth the whole truth nothing but the truth yes i do debon you you sat

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here when i presented your revised proposal correct yes if you had the opportunity to testify

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would you adopt my testimony as your own and that's true and correct yes thank you uh questions

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from the board can you zoom into the the plan so we can see the the whole board plan certainly

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Do you want me to concentrate on the basement? Mr. Johns, I work my way up.

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Yeah, that would be good. So, so you made the changes, the suggested changes, and that's just storage. I think that's great.

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First floor is zoom out a little bit more so we can see the whole plan a little bit more.

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Okay, and so you go through. So the access to the backyard is through the kitchen, not through the bedroom. Okay.

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right yeah well there okay all right can you just zoom zoom out a little bit more so we can

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see the whole the whole floor plan on both floors no zoom zoom out yeah zoom out not not in but out

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okay okay yeah it's better that's better

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Okay, stop moving slide slide it back. All right. All right.

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Any other questions? Yeah, I think I'm good. Yeah. Yeah. So the storage for in the basement, is that for the units?

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Or just clarify with that storage in the back and the rear basement.

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That's really general storage for the commercial.

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The green, the green space space. Yes. Okay.

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okay other questions

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Other questions?

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not a question but a comment that first floor apartment has that condition that i don't like

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where you have to go through the living room and the dining room to get to the bathroom but

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you know i don't know how else you can rearrange it but

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That's 1 of my issues with some of these.

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