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Hearing video

ZBA Hearing - May 12, 2021

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

on the record and spell your last name?

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As soon as you unmute yourself.

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yes hi hi mr sabatina can you put your name and address on the record and spell your last name

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please on sabatina 1742 emerson street philadelphia pa 19152 thank you do you swear

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for him to tell the whole truth and nothing but the truth i do do you also agree to waive the

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reading of the refusal and stipulate to its accuracy yes and finally if you email the exhibit

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

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property five days in advance of this hearing and have you met with the rco and do you have a letter

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yes to all the above except we don't have a letter before we go any further mr sabatina

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would you please by your last name s-a-b-a-t-i-n-a thank you thank you you may proceed

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frank yes uh i believe mr mcdermott is going to place the exhibit up i don't know he i just

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texted me that he was somehow cut off

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uh we lost him in the last hearing i don't know how i'm sorry mr chairman but uh mr mcdermott has

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been uh reconnected and he has been promoted to panelists at this time

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darman i believe it was sworn in minutes ago please identify yourself for the record and proceed

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My name is Peter McDermott. I'm with Sabatine and Associates for this case,

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and I'm going to try to share my screen now.

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Here we go. Can you see our screen?

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yes okay yeah we'll start off obviously this is the index of the list of exhibits

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we do have the application for the zoning and the use registration

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and the app the notice of refusal of the proposed use

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application for appeal to the zoning board

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Project information form, deed, the tax clearance certificate, and the commercial activity license.

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Here's some exterior photographs.

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The building is a former Catholic school, St. Joachim's.

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There's pictures of the postings, interior photographs.

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As you can see from these pictures, it was obviously a former school, and the application is for use.

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Part of the building is a school for GE, GDE or whatever, you know, for people who have possibly dropped out or couldn't finish their education, and another portion of the building to be used as a daycare.

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there's a site plan

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can we go back to the site plan

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there was on the refusal it mentioned

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the fact that there was no

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parking designated however as you can see from the rear of the building

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there is ample room to provide parking as needed.

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There's ample room to provide parking as needed.

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There's a floor plan which shows the existing school and the proposed child-based care alongside of that.

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here's a zoning map of the area

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as is evident from its prior use to try to open this building for an educational facility is not

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a stretch and that's basically what the owner has intended there was some we had several meetings

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with the RCO the first meeting on March the 4th

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seemed fine. And then later on, we received, noticed that they had additional questions

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and they requested another meeting, which we had again on May the 6th, which

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and we had that on may the 6th the only question was whether or not we were going to be we needed a

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an affidavit of restricted use for the upper floors.

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However, inquiring to the Michael Jackson of the fire code unit,

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he indicated back to my clients that that was only necessary

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if the upper floors were not compliant with the building code.

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We also, at the meeting, voluntarily advised the people that we would seal off the third floor if they had an issue with it.

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And I don't know why we don't have a letter of their findings, but it was a recent meeting, May to 6.

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Perhaps they'll send the letter later on.

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Were you at the May 6th meeting?

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Yes, I was.

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Do you know if the vote was taken, and do you know what the outcome of the vote was?

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No, I did not know the vote was taken.

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When we left the meeting, they were still questioning whether or not we needed an affidavit of restricted use, which, according to the fire code, we don't.

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which we research. We don't need it. What we did, we are clients willing and able to

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close off the third floor to prevent access. There was some concern as to whether or not the

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children, young children in the daycare might wander up to the third floor. And, you know,

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we offered to simply seal it off, but we can't get an affidavit of restricted use

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because they don't issue them

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when the floor is in compliance.

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Okay.

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All right.

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Have you concluded your testimony?

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Yes, it does.

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Okay.

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Is there anyone else you need to bring on?

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No.

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Okay.

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Questions from the board?

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No.

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No.

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Hello. Anyone else would like to testify in this case? If so, please raise your hand.

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Mr. Chair, Sloan Fulks has his hand raised. I'm all alone. I'm just picking his thumbs up.

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Thank you. Good afternoon again, Mr. Fulks. You're still under oath. Please identify yourself.

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Good afternoon, Chairman Chico, members of the ZBA board. My name is Sloan Fulks,

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Office of Councilwoman Maria Quinones, Sanchez, 508.

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Yes.

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The I was I was in attendance at the meeting last week, the final RCO meeting between the RCO and the applicant, the app, the the the RCO did request this affidavit.

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I was in attendance at the meeting last week.

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Their concerns were safety around safety regarding the children that would be attending the the daycare and access to the third level, which was not in use.

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They did request this affidavit. I do not know why they haven't submitted their letter, but I know that this would be, the letter that they would submit would be a proviso that they would request.

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I humbly request the RCO hold their decision for a week until the RCO can submit their letter.

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You mean the ZBA hold?

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The ZBA. Thank you, sir.

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Mr. Chairman, this this has been going on since March of 2020.

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We've met with them. We cannot comply with something that simply doesn't exist.

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And that was the only issue that was raised.

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Sharon, I need you on this one. If we put a proviso in that the third floor is not to be utilized or sealed off, would that be a proper proviso?

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um mr sabatina would that be consistent with your plans for the property would you be willing

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yeah i'm sure my client would be willing to seal the third floor uh off uh while there's no no use

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being taken place there so mr folks that would satisfy that issue that was yes yes sir but again

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the the rco was very adamant in requesting that that affidavit be provided by the city

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um i i don't think that a week would be onerous to the applicants i do know that the the you know

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um one way or the other uh they're going to move forward the process i do know that the

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that the rco is not in uh complete opposition uh toward the project they're just concerned

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about the safety and the welfare of the children understood mr chairman mr chairman yes tom the

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The ceiling off of the floors above is a building code issue.

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Yes.

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Yes, Chair.

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Actually, this is Sharon again.

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If you could hold the record, hold the vote for one week, closing the record except for receipt of the letter from the RCO, which will be read into the record.

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And I could, during that time, confirm with Ellen and I whether this would create a problem if you were to add that proviso.

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Okay.

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All right, John, just give us another week.

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it'll be resolved yes uh you just have in mind that it doesn't exist we can't get an affidavit

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understood i think but made that made me to be that message may need to be uh uh clarified with

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the community and mr folks i think will handle that and mr sabatini can i say that if we it

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would take more time if the board were to add a proviso that um ellen i would object to so

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So one week to clarify that would probably be helpful to your clients as well.

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All right, then.

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Okay, so Shara, we're going to just, we'll hold this for one week.

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The case will be voted.

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The record is closed aside from a letter from the RCO, which if submitted in the next week will be read into the record.

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So that case number MI2020-000121-4290 North Penn Street. The record is closed. We will hold this matter until next week's executive session to review the letter from the RCO.

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Thank you, ZBA.

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Excuse me, Mr. Chairman. Is it necessary for me to attend next week?

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No, it'll be done in executive session. Correct, Sharon?

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it will be um discussed in executive session if a letter is submitted in the next week it will be

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read into the record and there will be a vote but there will be no testimony so not necessary for

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you to be here thank you all right john thank you all right with that that concludes the two o'clock

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list i believe excuse me mr chairman yep i'm sorry this is peter mcdermott from uh 2840 home avenue

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i don't know why i got cut off but i just wanted to finish my statement on 2840 so the applicant

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and their attorney did clean up the site plan for us the only other thing that the 64th ward

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were worried about was the amount of trash in the area and they they um confirmed with us that they

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were going to routinely do maintenance around the area and make sure that the trash was picked up

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so that that site is actually uh has a large slope in it and the address on home avenue actually

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backs up to the confluence of solly avenue and lexington avenue and at the top of their site

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There was an unbelievable amount of trash that we wanted to make sure that was put on record.

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there was an unbelievable amount of trash

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that we wanted to make sure that was put on record

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that that has to be cleaned up.

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Mr. McDermott, this has already been voted

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and we're not sure if the applicant is even still present

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or his representative.

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So the record is closed.

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Miss Aludia, with all due respect,

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we're in a different world right now with pandemic

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and me getting cut off is a little bit different.

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Well, we understand that.

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Well, that is part of it.

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It's a challenge for all of us

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and we're sorry that you got cut off.

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You were actually breaking up for a while

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and then we lost you completely.

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You hear me good now, right?

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Yeah, we hear you perfectly now.

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Yeah, we can.

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Chair, if I could mention.

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Yes.

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This is Tanya.

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There appears to be other individuals

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who wish to weigh in on this case.

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Same case, Holm Avenue?

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Or Penn Street?

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Are we talking about 2840 Holm Avenue?

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um i have i have someone with their hand up that's asking

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penstreet he's saying mr gross is here

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um we already voted that um no you haven't voted yeah i'm happy

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you were holding it for one week for the letter from the rco if mr sabatina is still here and

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others would like to testify. I should hear it. Jason, could you please allow the one with the

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hand up to speak, please? Mr. Aaron Gross has been allowed to speak. Mr. Gross, please identify

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yourself. Mr. Gross, Mr. Gross, hold on, hold on. Would you please spell your first and last name

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I'll swear you in. Yes. Good afternoon. My name is Aaron Gross. That's spelled A-A-R-O-N-G-R-O-S-S.

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

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I affirm. Apologize for the technical problems we're having today. Please proceed.

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No problems at all. I'm an attorney for the owner of 4290 Penn Street, and I was also on that

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meeting last week. The document that you saw of the email exchange between Michael Jackson

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and the owner was that was between myself and Mr. Jackson and Mr. Sabatino was correct in stating

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that this proviso is literally non-existent and I understand where the RCO is coming from and

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they said they have a double standard for safety and we agree to that but this document is actually

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a document that is necessary only prior to a CFO. If a CFO is issued, it means that this document

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was never necessary. It's under the city's website listed under documents that are necessary to obtain

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a CFO. And I understand the confusion because we stated that we weren't using it. However,

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I just want to be clear that the owner doesn't want that the use is granted with the proviso

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that the third floor, that we need to come back to you guys to be able to use the third floor.

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We just want to, you know, we want to be amenable to the RCO and allow them to, you know, give

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them assurances that we're going to make the building as safe as possible. But the whole

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discussion was based on a misunderstanding, which I understand where that came from,

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but it was based on a misunderstanding of the applicable laws and documents.

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Thank you.

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Any questions anyone have?

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Sharon, do you have anything to add?

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Just one question, and I'm not sure that I completely understood the last statement,

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but would a proviso, the proposed use is going to be on which floors of the structure?

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On the first floor.

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so proviso stating um approved use limited to first floor only would that satisfy the rco

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i believe that would but again i think they still need to be somebody needs to clarify to them that

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the document they were requesting they they said that because the city requires such a document

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therefore it's a safety issue and therefore they don't want to they want to have a double standard

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but well the thing is that if if it is required then it will be required as part of the building

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it's not required that's what i'm saying mr gross hold on please yeah sorry if it isn't required

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we can't require it the board can't require it if it is required you'll be required to

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um submit it as part of the in order to get a cfo so no problem thank you okay thank you i think

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that hope anyone else

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sure that appears to be all thank you very kindly thank you we're going to take a

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Chair, that appears to be all. Thank you very kindly.

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Thank you. We're going to take a 10-minute break. We'll be back here at 10 of, what's it called, 20 of, 10 of?

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Yes.

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Everyone, my name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment.

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