civus
Hearing video

ZBA Hearing - May 12, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 12, 20214h 52m

includes approval for 13th floor setback of deck along 23rd street we'll make that we'll

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so note what you're saying will be the proviso uh so mi 2021-000831 2222 market street my vote

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is yes with the proviso that has been read into the record by ms soletta my vote is yes with proviso

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Yes, for Proviso.

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Yes, for Proviso.

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Calendar number 0952-2324 Waverly Street.

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Mr. Charles Loomis has been promoted to panelist.

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Sir, can you put your name and address on the record and spell your last name?

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Yes, this is Charles Loomis. Full name, C-H-A-R-L-E-S. Last name, L-O-O-M-I-S.

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

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I do.

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Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of this hearing, and have you met with the OCO, and do you have a letter?

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We have, and we do have a letter.

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Sir, are you an attorney?

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I am not.

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I was just about to say I'm an architect.

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The owners are here.

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Bob DuPlessis and Rachel DuPlessis are on, and they should be speaking.

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Okay.

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Mrs. DuPlessis, please identify yourself with the record, spell your full name.

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My name is Robert DuPlessis.

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The last name is spelled D as in David, U-P as in Paul, L-E-S as in Sam, S as in Sam, I-S.

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

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Yes.

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Thank you.

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Please proceed.

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The project is simply for a regularization, I guess that's the right term, of an existing deck that has been on our house since at least 1994.

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All right.

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Mr. DuPlessis, do you have any exhibits or Mr. Loomis that you can share with us?

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May I turn this back to our architect, Mr. Loomis?

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You have to testify, but he can show us the, and we can ask him questions.

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Thank you.

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So I think I have the screen shared up, Bob.

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And on the first is the refusal.

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Right.

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The refusal had two reasons.

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One is that the existing porch railing is 45 inches high rather than 42 inches high.

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And the second reason was that there is no setback of five feet from 24th Street, which is where the deck is.

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Our house is a corner house at the corner of Waverly and 24th Street.

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The deck, as I say, oops, I don't know what happened there. Something happened. Maybe Charles can do that again. Charles, can you?

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What's wrong is this? The screen share there. Thank you.

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The deck was on the house when we bought it in 2003. Photographs that are in the exhibit show

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that it has been on the house since at least 1994. It is in severe need of repair. The surfaces

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are warped and it's not usable. There is no possibility to actually move the edge of the

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deck five feet back because the door as you see here from the hallway is right at the edge and

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to move the door would mean essentially destroying our bathroom. This deck is on the third floor

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Uh, we have no backyard. This is our only outside space. So we would like, uh, to be, uh, granted, uh, whatever it is, I guess, a waiver or a regularization or whatever the term is, um, uh, with the understanding that, uh, the railing when we, uh, renovate, when we repair it would be 42 inches high.

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we have no backyard

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this is our only outside

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we had a meeting with the center city residents association they voted to not oppose with no

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provisos and we talked with a number of our neighbors and at the CCRA meeting one of the

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neighbors appeared a neighbor whom we did not know and made an unsolicited supportive statement

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and also submitted a letter of support to CCRA.

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Thank you.

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Thank you.

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Do we have any questions from the board?

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No.

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No.

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No.

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Anyone else would like to testify?

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Please raise your hand.

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i would just i can't raise my hand because i'm screen sharing at the moment i'm the architect

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uh yeah you could just hold off for a second um

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do you have anything else to add sir and if you do you have to provide us with your full name

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yeah this is charles loomis hello charles you were already sworn in i'm sorry

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already sworn in. I just wanted to point out on the refusal that LNI noted in its note to the ZBA

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that the deck has been existing since 1994 but no permit history can be located. This deck was built

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prior to the 2012 zoning regulation in which the five foot setback went into effect. So it's quite

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possible that when this deck was constructed that it was a completely compliant deck but there's no

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record of it. Thank you. Thank you. Okay. Anyone else? If not, Planning Commission?

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Good afternoon, Chair. Peter Bernard for the Planning Commission.

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This property is indicated for commercial mixed use in the Comprehensive Plan.

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The roof deck has existed since 1994, and we feel the violation is de minimis. Accordingly,

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we recommend that the special exemption be granted thank you MI 2021 that's zero zero zero nine five

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two two three two four Waverly Street my vote is yes my vote is yes my vote is yes my vote is yes

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thank you Mr. Duplitz I understand you were an amazing professor at one time oh no I'm not sure

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who would have told you that,

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but thank you for saying it.

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Like everybody, I always like a compliment.

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I'll ask it this way.

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Sharon, would you agree?

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Well, I would agree that his wife was.

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Oh, okay.

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All right.

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And I'm sure you were too, Mr. Duplessis.

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Thank you.

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Okay, have a good day.

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Thank you.

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Thank you very much.

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Small world, wow.

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calendar number 2710

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2840

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home avenue

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the attorney is

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Ron Patterson

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and he's already

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been sworn in

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we have a letter

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of support

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from the RCO

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can we promote

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Hi, Mr. Patterson. Can you put your name and address on the record and spell your last name

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again? Sure. Hello again. Ronald Patterson, P-A-T-T, E-R-S-O-N, Claire Harrison Law Firm,

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1835 Market Street, Philadelphia PA, 19103. You're already sworn in. Do you agree to

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weigh the reading of the refusal and stipulate to its accuracy? Yes, I do. Have you emailed

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the exhibit packet with proof of ownership tax compliance refusal or referral photos under plans

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of the property five days in advance of this hearing and have you met with the RCO and do

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you have a letter yes to all of the above okay thank you you may proceed sure thank you so

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this application as you mentioned regards 2840 home avenue here is a aerial picture it's located

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across to the north here on this picture configuration of northeast old nazareth hospital

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configuration of Northeast Nazareth Hospital. This is the property here. And I point to this

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rear back because this is an outdoor play area to the existing daycare. And that's the subject

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of this application. Here's another view of the hospital across the street. So this building,

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although in an RSA2 residential zoning district, was never a residential building,

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never used for residential. It was built in 1961 and was used as a YWCA. In 2014 I was before the

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board to ask for a variance because of the conditions that would be a non-residential

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to approve a daycare center. And that daycare still exists. And it is,

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there's some pictures of it. Does it exist now? Where we find daycare, I may say.

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um so here we are we're in existing space two and uh space three has become vacant and as you'll

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hear from Anna Pasek who is the operator and has been since 2014 where we before the board

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we wish to expand into space number three which is vacant um the expansion however will not um

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increase any occupancy of the number of children. It's just an amenity to create a separate play

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area. You know, in COVID times, it can spread out further and not have to worry about being

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inside during the inclement weather. And I'll show you a better picture of the interior.

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So as I showed you, here is the existing. Here is the new proposed space. Not being used, but it's ready. It is already state licensed, which is a prerequisite.

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And as I mentioned, you know, the property can't be viably used for the zoning district that it's located in being residential single family.

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And as I mentioned, the hardship was granted a long time ago, although it was probably existing, approved, but no longer conforming as a fitness center and history, as I mentioned, variance granted.

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So we're asking for an extension in a way of that previously granted variance.

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We did meet with Mayfair Civic, and they have provided a letter of support.

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and that letter coupled the fact that this has operated without incident without complaint

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there's adequate parking on site if you were able to see the parking lot that has been listed

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so there has never been any issues with parking loading drop-off since it is a self-contained

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use I'll go back to this photograph see the parking area here

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um here's a view of that rear uh kind of play area that i showed you from the aerial view

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um if you if i may if you could promote anna passing p-a-s-e-k uh to testify

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while we're waiting it says with proviso is that just for the four plans or is that

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what is the proviso it says yes if yes with proviso um chair this is these these are not

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revised plans that the proviso would be approving it's simply that the community asked mr patterson

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to confirm the existing uses in the various spaces so you would be if you approve this it

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would be the proviso as per floor plans approved by board today okay okay i thought there may have

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been something else? No, the floor plans, it actually was the floor plans that were shown

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to the civil group. We met with them twice. The first time the plans that were shown to them

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were not accurately depicting the space and configuration. So I just thought there was

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something other than the floor. No, nothing for you to approve since it's an e-plan. Okay, understood.

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Thank you. All right, thanks. Is Anna here? Yes, I am. Oh, hi, Anna. Good afternoon, ma'am. Please

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identify yourself with the records by your full name and and we'll swear you in yes my name is

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anapasuk a-n-a-p-a-s-u-k my address is 1123 camp lane philadelphia pennsylvania 19115

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do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes i do thank you mr patterson thank you uh hi anna you've heard of my presentation would you

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Hi, Anna. You've heard of my presentation. Would you agree that it's true and accurate and you adopt it as your own?

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agree that it's true.

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Yes, I do.

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Okay, thank you. And so, you know, as I mentioned, you have been there since 2014 and you've operated without any issues in terms of loading and parking or complaints. Is that fair to say?

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Yes, that's correct.

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Okay. And what we're here for today is for you to expand from Space 2 into Space 3.

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And could you just briefly tell the board what your current occupancy is and what you plan to

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use Space 3 for? Yes, our license occupancy is 82 children. We are fully enrolled. And we would

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like to open indoor play area. Since we're participating in Keystone Stars and we recently

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receive the third one we going for a higher standards so when the children can play outside

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because of the weather uh we will like them to have an area larger area to be able to run and

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play and do all the gross monitor games so by space become available we like to use it for that

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reason thank you and so just to clarify the number of children are not increasing no it's not it's

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It's not being counted as a classroom, it's just being counted as a model area, like playground.

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Okay. Thank you. So again, in light of that, we feel that there will be no continuing

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adverse impact upon the area of public health, safety, self-welfare, and traffic.

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Thank you. Questions from the board?

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No.

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No.

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Anyone else like to testify in this case, please raise your hand.

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and mr peter mcdermott has his hand raised i will allow him to speak at this time

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thank you good afternoon sir please identify yourself with the records by your full name

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and i'll square you in mcdrmot i am one of the three rcos involved made for civic association

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being the coordinating 64th democratic board which is ours and there's a 60th or let me

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interrupt you will you swear for him to tell the truth the whole truth nothing but the truth

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i do thank you please proceed uh 60 democratic board which is registered at 7535 pattersby

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one nine one five two uh i'm gonna i'm gonna confirm what mr patterson said

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the initial issue we had with hearing one was clarification and cleanup to administrative

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losing you you're breaking up

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yeah we lost it we'll stipulate all right we'll stipulate mr patterson you being officer court

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that the gentleman who just got disconnected would adopt your testimony okay planning commission

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good afternoon chair peter bernard for the planning commission

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this property is indicated for single family residential in the comprehensive plan and is

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located within a child care overlay however we recognize a hardship at this property and that

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the existing daycare has been in operation and is supported by the community accordingly we have no

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objection to the granting of the variance thank you mi 2020-002-710-2840 home avenue my vote is yes

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with proviso uh as court plans approved today my vote is yes with proviso yes proviso yes for

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proviso thank you so much thank you madam vice chair i think we go to number 10 and for the

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court reporter once after this case we'll take a 10 minute break okay thank you calendar number

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0121

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4290 North Penn Street.

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The attorney is John Sabatina.

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Mr. Sabatina, are you in the audience?

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If so, please raise your hand and please wait

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to be sworn in, sir.

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not available

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he's in the audience but he hasn't raised his hand

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mr peter mcdermott is here we go here's mr sabatina

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okay

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He has now been promoted to panelist, madam.

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Hi, Mr. Sabatina, can you put your name and address

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