civus
Hearing audio

ZBA Hearing - February 4, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 4, 20264h 28m

So this is an existing structure.

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We're not building anything.

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A little bit about the history of this property.

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This property has been a car wash since 1990 when it was built, just as a bit of novelty.

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I remember using this car wash when I lived in that neighborhood as a kid, so it's definitely been there for a long time.

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So I think it has been vacant for some time, so repurposing it now for vehicle repair I think is a great use.

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As you can see, and you'll see later in the letter of support from the RCO, what we've agreed to is using, it currently has four bays.

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We are going to be using one of the bays for office and storage, and the three remaining bays that are currently just car wash ports will just be for vehicle repair.

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And then there's like a long vestibule that's going to be mechanical rooms, and there's a bathroom in the back.

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So this is the property, like I said, many of you may be familiar with it.

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It's located on Busselton Avenue, right between Grant and Murray, and it's quite a big lot.

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it's actually 9533255 busselton so it's it's a double lot there we're not going to be changing

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anything to the outside characteristics of the property except for and as part of the

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discussion and proviso per the rco letter of support we are going to be removing these vacuums

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some of the discussion with the rco was about excuse me noise it directly abutting the property

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to the right and left are commercial uses but behind it is a residential neighborhood

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so we want to make sure that we don't have any kind of noise going on so these vacuums will be

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removed as the board well knows this is a very commercial corridor here on busselton avenue

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there is a gas station not quite catty corner but a little further down on um i believe red line

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right there up excuse me not red line um either way a few a few blocks down this is the inside of

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the ports and the back of the property

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as i said the the neighborhood is definitely a commercial corridor the entirety of this

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block between Murray and Grant is CA1. And these are the residential communities that I was

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discussing that directly above the back of the neighborhood, excuse me, of the property.

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The board has granted similar variances in the neighborhood. We could find two within about a

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mile radius, a little less actually, that were both CA1s where personal vehicle repair and

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maintenance was granted at 1614 grant and then personal vehicle repair maintenance and a car

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wash and automatic car wash was granted at 9201 Cruz Town Road. This is our second letter notice

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to nearby residents. As I said, we had two meetings with the RCO, so I'll go through both of them. The

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And just for a little bit, this is again the amended refusal that was sent out.

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Here is our letter of support from the Greater Russelton Civic League.

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And here are the provisos that we've agreed to after two meetings.

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So no part of the structure would be used as a car wash.

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We'll be installing noise reduction panels at the rear wall of the garage, and we'll

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be eliminating the outdoor vacuums. This is a petition of support that our client had signed

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by some nearby neighbors. So we have seven signatures of support. It's a similar owner

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for many of these. This property was purchased in July of 2024 by SAAS Financial. Here's the deed.

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Our application for appeal, our project information form.

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Our application for appeal.

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Our notice poster is posted at the property, a little zoomed in, you can see for today's

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date. Proof of tax compliance. This was an outstanding balance that, if the board could

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see, was just paid on the 30th. And then we have two sets of our certificates of mailing,

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these being for the original meeting which was on in december

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and then these being you can see in january date for our january 29th meeting

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that concludes my presentation before the board if i could bring on

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the managing member of the llc mr agi george could you raise your hand please

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mr george yes i'm sorry mr george could you please state your name as spelled for the stenographer

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um my name is aji george that's a-j-i-g-e-o-r-g-e you swear or affirm to tell the truth the whole

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truth nothing but the truth sir i do sir counsel thank you um mr george you heard my testimony

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before the board today yes sir and would it be accurate to say that it's true and correct to the

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best of your knowledge yes sir and would you adopt that testimony as your own i do is there anything

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you'd like to add for the board's consideration of this matter i just wanted to um to say that i i

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I did work with the RCO committee and tried to address all the issues, and we have come

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to an agreement of actually, you know, whatever the demands were to meet those demands.

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Thank you, Mr. George.

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Thank you.

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Questions from the board?

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Any body work planned to be done here?

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No body work, no paint.

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No body work, no paint.

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Okay.

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what is your plan for hazardous i'm sorry since you brought up the issue we're not going to be

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selling tires we'll be doing tire rotations and balancing and things of that nature

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what's your plan for your trash and hazardous waste um there is an area in the back that's

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going to have the compliant types of cans that are required for for all of that waste

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and Mr. George if you have more details on that would you address Mr. John's question

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yeah well I will be probably putting a dumpster in the back which is going to be recycled whatever

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needs to be done to meet the compliance I will do that the trash I will be placing the back

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anywhere there's plenty of property in the back to place those trash so people's all right so

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is there a plan for a uh removal like every week we i mean i see i understand you're going to be

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dumping in the back but how often are you going to be removing the trash and taking it to the

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appropriate uh dump sites or we have a contract in place or plan to have a contract in place

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Yeah, we're going to have a service available for this.

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So it will be automated in the sense that, you know, we're going to have someone come

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in and take the dumpster.

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So it won't be myself practically removing it.

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It will be a company that will be doing it.

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Okay.

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Are you done, Mike?

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Oh, go ahead.

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Yeah.

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Okay.

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Okay. All right. So you're removing the vacuum that I'm seeing here in this picture. Don't move.

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This is actually the back of the property. There is one vacuum here. All of the vacuums will be

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removed. This is the front of the property here. Let me make that a little bigger for you,

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Ms. Gaston. If you can see it, this is Busselton here. So this area right in front of the shrub

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has two vacuums i believe uh which you're seeing here as well okay those those will be removed

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all right and then where is this back wall what is this this noise

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Where is this back wall? What is this noise reduction wall at the rear of the garage?

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So the rear of the property, although it's substantially set back from the residential neighborhoods that you'll see here in the zoning map, I don't know if that's too small, but you'll see that the lot line itself abuts a RSD3 district that has a PUD, a collection of homes.

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But we're talking about, Audrey, what would you say is the distance between the building itself and the back of the property?

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I think it's about 70 feet, I believe it is.

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Okay. So despite that, the way it's set up right now is this is a double bay.

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That's not going to be a double bay. It's going to be just drive in and drive out the front.

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So this back wall will have noise reduction put in to address the community's concern of any noise going back towards that residential area.

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So when you say you're going to install the wall, is the wall just that part of it?

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It will be inside those doors. So it will be the inside part.

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yeah it's they're like um if you've ever seen like recording studios or anything like that

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they're like sound insulation panels basically gotcha okay and uh we already talked about the

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removal of like the hazardous are you doing like oil changes and things like that fluids

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that kind of thing is that yes ma'am i'm planning on doing oil change breaks inspection

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okay and tire tire just will be rotations and balancing okay so you won't be stirring any tires

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okay all right thank you thank you miss gassi

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hillary all these changes in the amended refusal

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so personal vehicle repair and maintenance encompasses both a car car wash and

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Repair service, so I, I'm trying to remember what was exactly changed about the refusal. I can, I can bring up the original refusal. Yeah, if you don't, you don't mind. I think it was just a minor change if I recall.

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Yes, so the way it was originally written is personal vehicle repair and maintenance in two bays, two and three.

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Um, with accessory office and storage and bay four and an existing car wash in one of the base.

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And the amended.

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just has three bays as repair and one as uh one is office so okay all right we're okay with that

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whole resentment um if you're able to see that i think yeah i think it's fine like i said i

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believe that car wash is encompassed in personal vehicle repair and maintenance but they've they've

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agreed with the community to i mean they took that off of the refusal so right okay and and if it if

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behooves the board to to approve this and you know a stated proviso that this won't be there

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will be no car wash here and my 2025 0 0 6 1 3 2 9 5 3 3 to 35 bustleton planning commission oh

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did i miss planning and then i think oh my god i think um uh alice udivich from council member

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o'neil's office that has her hand raised as well okay all right no i'm getting i'm getting a little

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excited here but we're ready to break we're ready to break it right now um comments from the virtual

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audience chair we have alice udovich with their hand raised hi alice

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good afternoon chairman members of the board alice yudovich on behalf of councilman brian o'neill

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you've already been sworn just start your testimony thank you the councilman has no

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objection to the granting of this variance and agrees with the provisos requested by the greater

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busselton civic league thank you um planning commission the board with the planning commission

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the comprehensive plan recommends a change in zoning at this location from the current

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say one commercial auto oriented to cmx2 commercial mixed use the property has a documented history

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of personal vehicle repair and maintenance since at least 2007. the planning commission recommends

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that the board grant their requested variance for personal vehicle repair and maintenance

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Thank you.

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MI-2025-006132-9533-35

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20, 25, 0, 0, 6, 1, 3, 2, 95, 33 to 35, Busselton Avenue.

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I vote yes with proviso per amended refusal dated 12, 30, 25, and no car washing.

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Michael Johnson, my vote is yes with proviso.

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Charles Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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Taya Nguyen, my vote is yes with proviso.

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Is there anyone in the audience whose 2 p.m. case has not been called?

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Members of the board, thank you. May I have an excuse?

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Yes, sir.

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It was nice to see everyone.

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Thank you very much.

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Thank you.

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Thank you, everyone.

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Chair, there are no hands up at this time.

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Move right into the 3.30 list.

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Good afternoon, everyone.

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My name is Bill Bergman, and I will be chairing this meeting of the Philadelphia Zoning Board of Adjustments.

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With me is our board vice chair, Tanetta Graham.

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Present, Mr. Chairman.

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our Board Secretary, Cheryl L. Gaston. Present, Mr. Chairman. Our Board Member, Michael Johns.

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Present, Mr. Chairman. Board Member, Ty Wynn. Present, Mr. Chairman. Board Member, Ryan McAdams.

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Present, Mr. Chairman. Also present is our Board Attorney, Hillary Emerson, our Zoning Board Director,

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Ian Haggerty, and our Board Administrator, Lakeisha Dandy. A recording of this hearing will be posted

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on the ZBA website. By participating, you consent to be recorded. This is an in-person meeting with

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remote capabilities whether remote or in person if you're called to speak just state and spell

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your name and then wait to be sworn in once you've been sworn in please state your name each time

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before beginning your testimony any person may enter their appearance to become an interested

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party to a case there are three ways to enter your appearance you can identify the case property

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address on your zoom webinar you can see a staff member or you can call this eba appearance line

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by the close of business tomorrow call 267-270-5548 leave a message that includes your

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email address and the address of the property of the appeal the following is is a guide for

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our remote attendees when directed you must raise your virtual hand in order to be recognized to

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speak if you're called to testify you will be prompted to join as a panelist before before

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or please accept the request and then turn on your camera the webinar Q&A is for questions

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about the hearing do not comment on cases in the Q&A if you're participating by participating

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by phone press star 90 raise your hand and star six to unmute so let's look at our schedule for

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afternoon number one mi 2025 000 792 26 2061 bybury road this case is continued until 6 10 26 at 3 30

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p.m and number three mi 2025 004 950 2342 east huntington street that case is continuing until

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6 10 26 at 3 30. we're going to go to number two mi 2025 004 747 1966 to 68 bridge street joseph

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Vaccaro is the attorney.

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They're being promoted to panelists, Chair.

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Yep.

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Good afternoon, members of the board.

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Good afternoon, counsel.

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Just state your name and spell it, please, for the stenographer.

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May it please the board.

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joseph vicaro va ccaro on behalf of the applicant b15 enterprise the owner of the property

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and i and i have in the room brian the de la nueces okay remember all right mr vicario you've

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already been sworn in so our vice chair has a few questions for you but before we start

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there's unanimous support from frankfurt neighborhood advisory committee and a letter

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non-opposition from council member lozada thank you good afternoon um have you submitted your

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documents and exhibits five days in advance of this hearing yes i did okay yes and do you waive

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the reading of the refusal and stipulate to its accuracy yes i do all right thank you

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can share your screen and proceed with your case okay thank you very much find the exhibits

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do you see a refusal um yes okay very good so brian through his uh llc b15 enterprise had per

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Brian, through his LLC, B15 Enterprise, had purchased the property in question on February 11th of 2025, and he is here to seek approval for four dwelling units on the property.

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Let me get to the photos. So the refusal specifically states that the proposed four dwelling units is expressly prohibited in RSA 5. So the building is still zoned as RSA 5. Yet there was a restaurant and a beer distributorship down on the first floor.

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he's currently not using the restaurant or the beer distributorship either as a

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tenant or as an occupant so those two spots and I'm going to show you in the

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photographs show a Chinese restaurant and a beer distributorship those two

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spots are still empty even though the signs are still up they haven't been

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removed those are still empty again the the proposal is for four dwelling units

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if I could go to the plans and the photographs scrolling down here's a

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picture of the building we're starting with a picture of the building as I had

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testified earlier here's the beer and Chinese food restaurant which is closed

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he has other plans for that at the appropriate time under separate

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applications here's a here's the corner of the building on the Jackson Street

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side here's the entrance to where the units would be the staircase going up

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and here is inside unit a we're calling it unit a or unit one there's some

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laundry facilities and the front door to unit a with a restroom bedroom living

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