civus
Hearing video

ZBA Hearing - June 1, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 1, 20225h 8m

the property yes and have you uh engaged in the same analysis that mr henderson engaged in in

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order to determine whether you could develop this property with nine homes or less yes well i'm the

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I brought the engineer in right and what we found out was it was a dump site back in the 50s

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it was a dump site back in the 50s and it was dumped with ash and um so we would have to remove

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and it was dumped with ash

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the ash and bring in fresh soil along with doing the hill go pierce so it actually would actually

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be better for the neighborhood all the way around because there's a lot of problems

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in that area where they have a lot of moisture in the base and this would actually take care of it

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And as far as the analysis on the construction costs for this project, can you develop this project for less than nine homes, feasibly?

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The number I came up with, you start making a profit halfway through the eighth home.

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so in other words so if you were to develop eight homes or less could you feasibly develop

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this property no and is that based on your professional experience as a construction

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industry yes and have you developed other other homes have you constructed other homes in the

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area yes hundreds i would say about 130 total and what has happened as far as construction costs

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since you initially proposed this project to the board back in 2018 well i'll make i'll make it

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i'll make it simple uh a sheet of plywood which was three quarter was about 38 a sheet it's now

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97 dollars a sheet average home uses about 130 sheets

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you do your calculations right there excuse me sir excuse me sir are you quoting retail wholesale

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so when we buy material we buy in bulk so we usually get a better price

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that we'll buy

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50 sheets at a time

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that's our price

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for CD

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plywood

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CDX plywood

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so you're quoting

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wholesale

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that's bulk sir

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when you buy plywood sir

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there's all different types of plywood

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if you

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bought a three quarter

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three quarter

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um i'm i'm familiar i'm familiar with plywood i'm an architect so they know the different

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standards of the plywood correct i'm just getting the cost from you

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i'm telling you the prices for three quarter inch plywood are going anywhere from 80 87 to

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to close close on it. I was a sheep. Thank you. And Mr. DeMarco. Yeah, last question. It has says

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the supply chain issues that we've all heard so much about. Has that also impacted your ability

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to to feasibly pull off this project? Yes. How so? Well, most of the interior

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fit out. There are products that are being held up. Not so much

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the framing, but HVAC

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equipment, electrical equipment, cabinetry,

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countertops, flooring, drywall.

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All them prices are up at least

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45%.

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Mr. Turner, do you have any questions? I do.

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Mr. Appelajati, do you agree with Mr. Henderson that the nine-init proposal is no longer feasible?

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I already made that statement.

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So you agree with him this is not a feasible proposal being presented to the board today?

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I said halfway through the eighth one is when you start making money.

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okay um have you done a cost analysis for a uh detached single family home on each of the two

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lots in question i don't i'm gonna explain something to you this way you understand

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you ever build a home before i'm the attorney i asked the question i'm asking you did you ever

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build a home before no i don't think it's hold on hold on hold on mr pelshadi do me a favor

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just answer his questions well i'm trying to could i'm not okay so just answer his questions

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yeah answer it without asking if you didn't that's fine yeah now it's when you take them on a site

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okay like this site you have if we put just say we put a 4 000 square foot home on there

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we would still have to have to do 90 of the work that we would have to do for nine homes

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So it's not feasible.

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so it's not feasible

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Do you agree with me that there are 4,000 square foot homes that sell in excess of $850,000 in the immediate neighborhood?

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you agree with me that there are four

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They don't have these soil problems, though.

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Okay.

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And so if you did a detached single-family home, how many helical piers would you need?

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Objection.

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You're aware of this.

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Once you disturb the soil, we have to take it all out.

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So if you were to construct a 4,000 square foot detached single family home on either

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of the two lots in question, what would the cost be for the helical piers and what would

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the cost be to remove the soil you're referencing?

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The soil itself and the helical piers, we have to stabilize the ground, the whole ground.

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okay that's the problem with when some half-assed builders come in like they did years ago that's

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why all that on us1 where all them homes collapsed because they built there but around it the ground

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shifted and settled this is why we have to put piers in all the way around backfill it with

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clean fill i removed it the ash that's in there so the price is the same no matter if you build

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The one home, as far as the structure of infrastructure, will be built nine.

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So, Mr. Palachati, what would the price be for stabilizing the ground,

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installing the helical piers on either of the two lots?

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You're probably talking about 1.1, 1.2.

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A million.

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Yes, sir.

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Right. And that's for both lots or one lot? It's all, well, I'm considering one lot.

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How many less? What's the reduction in number of helical piers if you're just doing a detached

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4,000 square foot? I answered that to you already. The piers still have to go in there for

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stabilization of the ground. So if you build a shed that you need to do the same number of

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and the same site clearing as if you build a 20,000-square-foot home?

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The soil is all the way around.

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We would have to put a sleeve.

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It's almost like when they build down the shore,

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when they sleeve an area for a home,

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we have to put steel sleeves all the way around,

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almost like a box.

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Fill it with clean fill and dirt.

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And then for a 4,000-square-foot home,

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you're probably looking at uh 66 probably 66 peers

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and is that included in some sort of written calculation or is that just your off the cuff

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analysis here today that's that's off my cuff right now just like you're okay yeah but before

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today did you go through the exercise of running the numbers for one four thousand square foot

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home or eight 2100 square foot home i i i heard you before i want you to answer my question

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wait a minute wait a minute guys wait a minute mr pelciotti listen to me if you didn't do it

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that's fine just say you didn't do it no no sir i brought an engineer in and we discussed it

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together and he's the one that came up this i did not come up with this that we have to

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stabilize the ground he said dan we have to stabilize the whole the whole area in order

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for you to build one big home yeah so mr palachati the commonwealth court took this case and brought

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it back to this tribunal and they asked for us to assemble record factual testimony on what is

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the minimum variance like at what point does the project break even and so what i'm asking you i

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know you've done you know i'm gonna object to ask an answer but i'm sorry wait a minute every tanya

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everybody listen. First of all, you got to stop arguing. Mr. Toner, I think he hasn't done those

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kind of exercises that he said. He had to talk to the engineer. We got to move on here. Do me a

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favor, Mr. Pellicciotti, just answer yes or no. You don't have to debate this. Just answer yes or

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no. Yes, sir. Mr. Toner. Mr. Pellicciotti, did you go through the exercise of working with an

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engineer coming up with calculations for one single family home on each of the two lots in

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question? Yes. I'm going to object. It's one lot. Why do we keep asking a question about two lots?

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It's one lot. I'm sorry, Chair. This is Tanya again. Objection. I would respectfully ask that

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we consider doing a resumption for this hearing. We have one more that might be

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We consider doing a resumption for this hearing.

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We have one more that might be lengthy and then the 3.30 list.

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Let's go.

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I agree.

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Thank you, Chair.

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Let's finish with this witness, at least.

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Mr. Toner.

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Is there any written document that includes the details of the off-the-cuff analysis you gave here to the—

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I think he's answered that.

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I mean, that's what he said.

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He answered that was off-the-cuff, so there's not a written document.

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Okay.

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all right i have no further questions okay so we're going to have to resume this hearing at

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another time um tanya i'll have them get in touch and we'll figure out when it is okay

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thank you sir mr pelchotti thanks for your testimony thank you sir okay thank you mr

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chairman members of the board thank you get here okay okay number 13 mi 2022 001 290 8230

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to 38 frankfort avenue

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letter of non-opposition from holmesburg civic association

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Joseph Consul.

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Mr. Consul, you've already been sworn.

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Yes, Joseph.

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Could you identify your client relationship to the property?

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Yes, my client is Melody Emmerin.

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She is the owner representative of Legacy Enrichment Center, LLC.

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And our vice chair has a few questions.

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Certainly.

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Hi, Mr. Consul.

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

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It's a referral, but besides that, yes.

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Okay.

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Sorry about that.

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

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photos and or plans of the property five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter?

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Yes to all.

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Thank you.

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You may proceed, and please share your screen.

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I attempted to share. Is my packet up?

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There it is.

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All right. We're good. Okay.

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Joseph Consul here for Legacy Enrichment Center, LLC.

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Melody Emmerin is with me and will adopt my testimony in a moment.

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We are here on 8230 to 38 Frankfurt Avenue.

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That is a small shopping center near Penny Park Creek.

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I can give you, here's what the outside of the building looks like. The previous approval, though it was never used, was for a daycare center. Here's a photo of the inside of the space.

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My client is here seeking a special exception to use the property as a daytime community class center for things like personal finance, real estate classes, that sort of thing.

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And then at night or on the afternoons and the weekends, bridal showers and baby showers and those kinds of special events.

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um we included in our packet the referral it's cmx 2.5 so it's an assembly and entertainment

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um referral um we have the non-opposition letter from holmesburg civic association we had a nice

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meeting with them and there was no opposition expressed at that time for us to use this space

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and the packet contains the rest of the items I mentioned, including the plans and the photos.

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Here's the floor plans showing what the setup will be like inside

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and our other tax documentation, all included, as well as the three-year lease and the letter

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from the landlord approving my client's use of this space as assembly and entertainment.

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with that i'll call miss melody emeryn to adopt my testimony

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yes hello can i can you hear me yes yes could you do me a favor state your name and spell for

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the court reporter yes it's melody m-e-l-o-d-i-e emeryn e-m-e-r-a-n right do you swear or affirm

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to tell the truth the whole truth nothing but the truth yes good afternoon melody how are you

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i'm doing well how are you i'm well did you hear my testimony just now regarding uh your leased

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property on frankfurt avenue do you adopt it as your own yes is there anything you'd like to add

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Yes. Is there anything you'd like to add today to the testimony? What's that?

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today to the testimony what's that

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Oh, did you say yes or no? No, I don't need to add anything else. Okay. Thank you.

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We'll rest with that. 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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planning commission good afternoon mr chairman david vecto 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 the proposed use will have no more in no more of an impact than

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

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special exceptions. MI 2022-001-290-8230-38

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Frankfurt Avenue, I vote yes.

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Harold Teneri, my vote is yes.

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Thomas Sullivan, my vote is yes.

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James Snell, my vote is yes.

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Thank you, Board.

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Ishmael Shahid, my vote is yes.

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Thank you.

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Thank you. Have a nice day.

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MI-2022-001-308-8330 Millman Street. Call for Maverro for the applicant. Call Boney for the protesters.

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Letter of support from the Chestnut Hill Community Association.

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Letter of support for revised plans from the Chestnut Hill Conservancy.

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mr primavera uh yes mr chairman members of the board carl primavera uh can you see me

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and hear me we can hear you but we can't see you see you that may be a break

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how's that now we can we're back we're good could you could you spell your name for the court

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