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Hearing video

ZBA Hearing - January 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 10, 20245h 43m

There he is.

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Hi, Mr. Ko

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Hi, Mr. Ko

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there he's unmuted he might be having a technical issue

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um uh what while i wait mr well you're an officer of the court we'll we'll take your testimony i

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think we understand it how about the architect you want to bring him on yes please uh his name

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is david whipple okay

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do we see mr whipple

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i'm here okay mr whipple could you state your name please a spell for the course

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demographer uh sure my name is david

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whipple w-h-i-p-p-l-e right do you swear or affirm to tell the truth the whole truth nothing

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but the truth i do proceed counsel thank you very much uh mr whipple you are a licensed architect

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in the state of Pennsylvania, correct? Yes. And are you the architect of record for this project?

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Yes. And did you hear the testimony that I already provided in this case? I did. And do you believe

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it to be true and correct to the best of your knowledge, information, and belief? I do. And

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would you adopt it thus far as your own? I would. Thank you. And you heard me discuss

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the difficulty or near impossibility of moving that

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pilot house, correct? Correct. If you could, in your

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own words, provide an opinion for this board as to

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what attempting, the hardship resulting from attempting

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to move that pilot house from its current condition.

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Sure. It's a very shallow lot.

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I believe the house is only about 35 feet deep. So our

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only option would be to move this move the third to roof stair stacked over the other stair which

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would be placing it into the center of the house which would mean not only like structural issues

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but we're having to reframe the entire third floor we do all the mechanical electrical and

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plumbing going to the third floor we do the roof um so it'd be a fairly expensive uh

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remodel to something that's already built.

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Thank you very much, Mr. Ripple.

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Board Chair, I don't have any further questions for Mr. Ripple, but I'm happy for the board

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to ask any questions that I have.

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Questions from the board?

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No, Mr. Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Questions or comments from the virtual audience?

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There are no hands, Chair.

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Planning Commission.

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Good afternoon, Chair.

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Peter Bernard for the Planning Commission.

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Comprehensive plan recommends no change to the existing RSA 5 single-family residential at this location.

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We feel the applicant has a demonstrated hardship.

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accordingly the planning commission

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recommends the board grant the variance

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thank you

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MI 2023

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005 890

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2246 Herb Street I vote yes

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Thomas Holloman

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my vote is yes

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my vote is yes

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thank you

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thank you very much chairman

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I hope you have a wonderful day

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great

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did David Fecto

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get back in

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Yes, sir, I did.

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Okay. Thank you.

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Number 12, MI 2023-005-665-2121 East Sargent Street.

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Alok Sokoloff is the attorney.

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There's a recommendation of support from the East Kensington neighbors and a letter of non-opposition from Council Member Squilla.

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Alok Sokoloff has been promoted.

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Okay.

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Counselor, could you state your name, please, and spell for the court stenographer?

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Yes, good afternoon, Chair Bergman, members of the board.

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Happy New Year, everyone.

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Oleg Sokolov on behalf of the applicant, VA Properties 3 LLC.

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Right.

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

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I do.

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Mr. Holleman has just a few questions for you, sir.

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Thank you.

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Good afternoon.

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Good afternoon, Counsel.

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Do you agree to waive the reading of the refusal or referral and stipulate to its accuracy?

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I do.

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Did you email all of the exhibits as required five days in advance to this hearing?

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I do.

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Thank you.

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Please proceed and share your screen.

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Thank you very much.

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okay is everybody able to see that yes thank you thank you very much once again members of the

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board as I stated Oleg Sokolov on behalf of the applicant VA properties we are here seeking

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three separate variances for a new construction of a single family residence

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The refusals issued for this property, which is located in RSA 5 District, are an accessory

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parking refusal, a minimum rear yard depth refusal, which is requiring a nine feet rear

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yard.

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However, we're proposing no rear yard and a front setback, which requires zero setback

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and we're requesting a variance to 16 feet.

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This property was purchased recently transferred or recently purchased by the applicant in June

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of 2023. You can see the deed here. The applicant actually intends to use this property as a personal

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residence for himself and his wife. This is the existing condition of the property. You can see

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this property is very unique and you'll see that further when we get to the lot itself pardon me

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you can see here the property as i was saying is very unique it's already very far set back from

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the other properties on the block um there are some properties in this neighborhood that are

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like this but the majority of properties go right to the sidewalk frontage this property itself

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here you can see the zoning map and you can see the very unique characteristics of this lot

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it is an l-shaped lot depending how you look at it i suppose but it it does veer off into lots

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located nearby this property is located between collins and trenton street and then also between

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east birth and hazard street here east birth and this here is hazard this is the east sergeant and

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then we have collins and trenton down here here are plans for the property and at the end of my

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presentation i'm going to have the architect of record evan litman and blow designs come on and

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just discuss some of the actual property characteristics and the design characteristics

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But as you will see from some of the renderings, the property that is proposed is a very unique property that utilizes this very unique lot in the best possible way to allow for this beautiful single family residence to be built.

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beautiful single-family residence to be built.

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And I'll just take you now through some rendering so you can see exactly what we're talking about.

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This would be the frontage of the property. This is the accessory parking that we're requesting

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here. It would be in the front of the property. The setback would be almost identical to the

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existing setback. Now this is the L-shaped portion of it that turns into the rear yard here.

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And now there is actually a rear yard.

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It's just because of the zoning code, it's not directly at the back of the property.

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It is utilized at the L turn of the property.

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So we're looking right here in the design for this portion of the outdoor space.

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Our application for appeal.

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Our project information form.

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Our notice of meeting, a meeting was held on December 13th.

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with the East Kensington Neighbors Association and the other RCO of the New Kensington Community Development Corporation.

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Our certificates of mailing, I believe we sent out somewhere in the neighborhood of 164 notices to nearby residents.

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our letter of support from the coordinating RCO of East Kensington Neighbors Association.

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I actually did not receive the letter of non-opposition from the council person's office,

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but I appreciate the board mentioning that that was received. So here's the property once again

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with the notice posters located in front. Here's a zoomed in picture of the notice poster.

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And here it's showing a balance which was recently paid, however, you can see the balance

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here from the tax center showing that the property has no outstanding tax obligations

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and just for further evidence of that, a receipt of that payment which was made.

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If I could bring on the architect, Mr. Evan Littman, to just give a quick presentation

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as to the characteristics of the property and go through some of the design characteristics,

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please.

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Evan Littman has permission to speak.

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Good afternoon, Mr. Littman.

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Good afternoon.

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Good afternoon. Thank you, Oleg. Mr. Littman, could you state your name, please, and spell for the court stenographer?

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Sure. It's Evan Litvin, E-V-A-N-L-I-T-V-I-N.

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

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I do.

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Please proceed, counsel.

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Thank you. Good afternoon, Mr. Littman.

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Good afternoon.

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um you are the architect of record on this property is that correct that is correct

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and and you have generated the designs that i'm now showing on on screen correct could you please

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take us through the unique characteristics of this particular law and why it necessitated such

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a unique design that requires these sorts of variances sure uh would it be possible to share

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my screen. Let me stop sharing. Mr. Levin has been promoted.

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you're up okay great thank you um well first off i want to uh point out the site is in a regular

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shaped site is an l-shaped lot um what you're seeing on the site right on the plan right now

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is the existing conditions. You have the small residential structure in the front and a one-story

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structure in the rear, which is directly into the corner on the rear yard line. Our footprint

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for the proposed structure, as you see here, very much falls in line with what is currently there.

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as you see here, very much falls in line with what is currently there. We're a little bit wider,

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we're taking up the full width of the site now, and we are connecting the footprint of what's in

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the rear to the front portion. However, we are also providing light wells and some other relief

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from the, to, for the neighbor property. Um, the, um, the front setback is, um, it is the exact

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setback of the existing structure. And, um, as Oleg had said, at the rear, the idea was really to,

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um, take the, what would be a rear yard and turn it. So it's, instead of it being an enlarged,

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instead it's an enlarged side yard whereas 25 open areas required we're providing for over

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42 here so we're actually under building the site dramatically and in terms of the

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massing we are we're trying to maintain the character of what is there in a lot of ways

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it's supposed to feel light on the site we're using let's get forward to the rendering pitched

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roofs that will minimize the impact of light and and impact shadow on the neighbors and it's supposed

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to really delicately sit into a fairly irregular site happy to answer any further questions

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if i may before that just bring on the the applicant um mr antonio di tomo just to adopt my

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testimony, please.

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Antonio, I'm not allowed to speak.

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Okay, sir, could you state your name and spell

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for the court stenographer?

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I guess Antonio DiTomo,

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A-N-T-O-N-I-O-D-I-T-O-M-O.

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Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth?

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Yes.

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Proceed.

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Thank you. Good afternoon, Mr. DiTomo. Were you listening to my presentation here today?

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Yes.

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And do you adopt my testimony as your own?

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I do.

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And is there anything you'd like to add for the board's consideration?

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No, I think we covered all the bases.

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Okay. Thank you very much.

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Well, I know that this is a different shape property. Is there anyone else on the block that has parking in the front?

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We're not sure if on the block, there are certainly properties in the area that have very similar parking situations.

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But you don't know if there's anything like that on the.

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I would. I would. I do not know definitively.

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Questions from the board.

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No, Chair.

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No, Mr. Chairman.

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Questions or comments from our attorney, Hillary Emerson?

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not at this time mr chair questions or comments from the virtual audience

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yes chair i have three hands the um the hands are going up sorry um dan schulnick will be allowed

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to speak okay all right mr schulnick could you state your name please and spell for the court

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personographer. Hello, my name is Daniel Skolnick. It's D-A-N-I-E-L, Skolnick, S-C-H-O-L-N-I-C-K.

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Do you swear for him to tell the truth, the whole truth? Nothing but the truth, sir.

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I do. Please proceed. Thank you. Forgive my wavering voice. I'm a little bit nervous,

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and I appreciate your time. You don't have to be nervous. There's no reason to be nervous.

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Thank you. This is a beautiful house and a beautiful proposal and design, and I hope it gets built. But I am here in opposition to the curb cut and parking on the block. And I hope you will apply a proviso prohibiting those components. That's one of the reasons for the refusal.

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In answer to your question, there is no other curb cuts or parking like this on the side

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of the block or anywhere within eyesight of this property.

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I was at the RCO meeting where there were only two neighbors.

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