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Hearing video

ZBA Hearing - March 15, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 15, 20222h 45m

And in fact, if the project does not proceed

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as an affordable housing project

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as defined in the deed restrictions

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and the community benefits agreement,

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I know they're independent of the zoning board,

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this project cannot proceed.

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So I think that covers that.

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is this is a very unprecedented way of protecting the community from exactly the concern just raised

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that it would be available for market rate housing so i wanted to make sure that's in the record

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thank you thank you wayne thank you mr kelson mr stole mr reuter chair chair um i in that case

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the planning commission would withdraw the request for the provisor satisfied by the fact

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that there has been a or there will be a deed recorded against the property however we still

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request the uh right to review the uh final plan for parking lot landscaping thank you thank you

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MI 2021 003182 5000 Warrington Avenue. I vote yes with provisos. Revised plan of five pages.

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also number two uh variance for rear yard depth if required number three maximum of 104 units

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and number four uh approval of parking by planning commission one one uh put together

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excuse me chair i'm sorry but we can't make it conditional on planning's approval okay once

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there's a final decision okay we'll we'll take that out so the first three

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thomas howlin my vote is yes with the provisos james snell my vote is yes with provisos

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ishmael shaheed my vote is no thank you thank you members of the board thank you all appreciate it

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Thank you, everyone.

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Thank you.

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MI 2021-0.

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I'm back. MI-2021-005230-5300 Chester Avenue. Hello?

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Yes, sir. Okay. RCO Southwest District,

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letter of support our 51st Republican Ward letter of support West Philadelphia United

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neighbors letter of support. Morning, Mr. Sheriff. Morning, Mr. Mattione. State your name and spell

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for the court reporter, please. Certainly. Michael Mattione, M-A-T-T-I-O-N-I. And it's

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square firm to tell the truth, the whole truth and nothing but the truth. I do. Could you

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state who your client is and the relationship to the property?

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Certainly. My client is the Little Sisters of the Poor, and they are

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the owners and operators of this property since 1902.

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Mr. Holliman has a few questions. Good morning, Counselor.

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Do you agree to waive the reading of the refusal

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and stipulate to his accuracy? Yes, it's a referral.

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Okay, thank you. According to our records, you have submitted

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all the required documents is that correct that is correct please proceed

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thank you thank you and as I said I am representing the little

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And as I said, I am representing the Little Sisters of the Poor.

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They are the owners of this property at 5300 Chester Avenue.

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We do have numerous representatives from the organization on today, including Father Mark

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Fregan, who is their legal counsel, Greg Hensley, who is their owner's representative, Patricia

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Lowe, who is the nursing home administrator, Mother Celine, who is president of the Holy

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Family Home, Sister Maria, the Vice President of the Holy Family Home, Jeff Bolan, our architect,

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and John Medendorp, our engineer. And as I said with Mr. Holloman, I did submit the

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tax clearance certificate, the referral, the support letter from the Southwest Philadelphia

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District Services, the coordinating RCO, numerous plans, photographs, proof of the mailing of the

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RCO meeting letter etc so what I like to do is the reason we're here today is we have a referral

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two two separate referrals we are proposing removal of three heritage trees and I will show

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where they are on the plan briefly and also this personal care use which will be continued

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requires a special exception and the removal of the heritage trees requires a special exception

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And again, the Little Sisters of the Corps

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have been operating here since 1902.

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The present building was built in 1973,

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and given that the present facility is 50 years old,

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it's in need of updating,

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and the updating will allow the Little Sisters of the Corps

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to continue to provide the services to seniors

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that they've been providing since 1902.

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Just wanna run down, we do have a support letter

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from the RCO and at the meeting it was it was unanimous support 14 people from the community

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and three people from the RCO board so it was 17 people in support and no one in opposition

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and I just want to show some site photographs again this is what the present building looks

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like this is looking down Chester Avenue again the corner of 53rd and Chester Chester just some some

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photos showing the interior of the site again some additional photos showing the site and it is this

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entire city block. It is 202,500 square feet of land or 4.64 acres. The proposal is to reduce

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the size of the home and to improve the lot and area where the home operates. There is presently

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157,000 square feet of building area or gross floor area. We propose to reduce that to 105,000

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square feet. The home is presently five stories at its highest. We propose to reduce that to four

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stories again this shows the existing site the existing city block we've got five-story four-story

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three-story buildings this building will be reduced in height this building will be removed

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this building will be removed and replaced with a smaller building in addition to that

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this is what the site will look like if approved we will add a rain garden another rain garden

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third rain garden to help with the stormwater management.

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Again, this building is reduced from 52 feet to about 41 feet.

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The highest new construction is 38 feet.

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We have 73 parking spaces proposed where there are presently 54.

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We're increasing the parking so that if we ever do have events or functions at the home,

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that there's ample parking on site so that it does not have to flow out into the community,

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leaving basically an entire city block for the community to park on.

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In addition, their stormwater management is shown by the rain gardens,

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and we are vastly improving the entrance and exit off of Chester Avenue

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to have it two separate and distinct, one in and one out,

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to have better access to the site.

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Again, we're going to remove three heritage trees,

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but we're going to replace them with 42 new trees

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and also with all the extensive landscaping around the site.

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So, yes, it's three heritage trees that are basically, I'll show you where they are in a minute,

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but they're being replaced with 42 new trees.

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This facility, it's still an RSA too, so it could be developed into 64 homes,

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but this is a much better use, continuing the use to show by the support of the community.

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Again, we're doing what's been here since 1902.

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Again, we're doing what's been here since 1902.

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Um,

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The improvements will reduce the burdens on the community because it will reduce the size of the facility,

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yeah.

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will increase the parking, and add stormwater management where none exists.

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Again, this is just a special exception for two special exceptions.

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And if I go down, I'll show you the elevation plan you will see.

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we are reducing the height down here from the top line to this lower level about 11 feet we're

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reducing this entire building so again the scope of the project is considerably less if i show you

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now other planes this is what presently exists existing frontal chester this is the proposed

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new front addition a much smaller in scope project again front entrance

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and then what it would be proposed to look like and then just some other rendering showing

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the renovations and the smaller scope and scale of the building if approved

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and some floor plans, just again, it's a smaller scope, less units, less residents.

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Just showing this, this will be removed, this will be removed, this will be removed.

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So it's just overall a much smaller scope, but what needs to happen so that they can continue to exist here.

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Believe that the special exception should be granted.

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We're not increasing congestion.

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We're not overcrowding the land.

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We're only occupying 22% where 40% occupied area is permitted.

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We're not impairing light and air.

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We're actually reducing it because we're reducing the height.

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um again this could be 64 homes and it's not it's going to reduce the use of public facilities

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and that's due to the reduction in size of the facility we're not going to impair any

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joining conforming uses and they're going to benefit they're going to have on-street parking

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that they might not have if this were 64 homes the heritage trees will be replaced by 42 trees

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and we're going to have more than 83 total trees on the site when done with the extensive landscaping

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in rain gardens. What I'd like to do, Mr. Chairman, is call on Mother Selene, but Mother

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Selene is on with Patricia Lowe, so Patricia Lowe's name would probably pop off.

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Okay, sure. And she'll adopt your testimony?

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Yes, I have her adopt my testimony.

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Thank you.

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Ma'am, you can unmute. You're free to speak.

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Good morning.

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Good morning.

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Could you state your name and spell it for the court reporter, please?

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Sure.

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My name is Patricia Lowe, P-A-T-R-I-C-I-A.

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Last name is Lowe, L-O.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Are you going to adopt a testimony or is sister going to do it?

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Sister's going to do it.

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Okay.

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Could sister identify herself, please?

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Sister Celine Woducut.

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C-E-L-I-N-E-V-A-D-U-K-K-O-O-T.

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Thank you.

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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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Proceeds, Mr. Manionee.

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Mr. Chair.

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Mother Selene, did you hear my statements to the board?

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Yes.

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And are they true and correct?

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Yes.

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And do you adopt them as your testimony?

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Yes.

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I have no further questions from others.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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Members of the board, Ian Hegarty for the Philadelphia City Planning Commission.

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Comprehensive plan recommends no change to the existing RSA 2 zoning at this location.

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We believe the proposed use will not cause detrimental impacts to the neighborhood beyond

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what normally might be expected, and we also find the applicant's proposal to satisfy the

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requirements to replace removed heritage trees in accordance with 147051F, and that the building

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cannot be practically redesigned to avoid the existing heritage trees. The City Planning

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Commission recommends that the board grant both special exceptions. Thank you. MI 2021-005230

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5,300

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005230 5300 Chester Avenue I vote yes. Thomas Heilemann my vote is yes. James Snell my vote

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is yes. Ishmael Shaheed my vote is yes. Thank you. Thank you Mr. Chairman. MI 2021 00509454 East

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Pastorius. RCO letter in support with Provisos, Faith Community Development Corporation.

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Gussie O'Neill is the attorney.

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Good morning. Good morning. Could you state your name and spell for the court reporter, please?

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Sure. My first name is Augusta, A-U-G-U-S-T-A. My last name is O'Neill, O-N-E-I-L-L.

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all right do you swear a firm to tell the truth the whole truth and nothing but the truth

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i do could you state who your client is and what's the relationship to the property

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sure my client is elad bella he is the principal of matt yanner llc which is the owner of the

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property thank you mr hallman has a few questions good morning counselor do you do you agree to

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waive the reading of the refusal and stipulate to his accuracy I do according to our records

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you have submitted all the required documents is that correct that's correct um I just wanted

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to say I was rejoining as a panelist um I know that the RCO did send a letter of support

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um but I don't think it was sent until Sunday evening but I did forward it to um Ms. Lalletta

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AND I BELIEVE THAT THE BOARD ADMINISTRATOR WAS COPIED ON THE WE HAVE IT WE HAVE A COPY

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OKAY THANK YOU THANK YOU THANK YOU PLEASE PROCEED THANK YOU SO MUCH JUST GOING TO SHARE MY SCREEN HERE

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MEMBERS OF THE BOARD I'M HERE THIS MORNING REPRESENTING THE OWNER OF THE PROPERTY AT 54

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EAST PISTORIUS STREET THIS APPLICATION IS TO PUT THREE SINGLE FAMILY HOMES ON WHAT IS CURRENTLY

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a vacant lot that is owned RSA 5. Just for context, I've got some pictures of what the

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lot currently looks like in the surrounding area. This is where the homes are going to be located.

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This is just a view looking north on East Pistorius Street, just to give the board an

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idea of the look of the homes that are currently at this location. Here is a view looking south.

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on East Pistorius Street. As you can see, it's a pretty quiet street. There's plenty of available

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parking. Next thing I wanted to show was a zoning map. As you can see, this area is

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purely residential. The lot that's highlighted is ours. This is a very oversized lot, as you can see

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from this picture. We received a refusal on December 7th of this year. The refusal that we

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received was because the lot sizes that we're proposing, the minimum lot size that's required

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for homes in the RSA district is now 960, but this property is located in the 8th district overlay.

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And so lots in that district have to be a bit larger. So on our particular application,

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one of the lots that we're proposing, um, is 1,265 square feet. The other lot that is the

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subject of the refusal was 1292. And so we're just off, um, by about a hundred square feet on each

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lot. So we would meet the required minimum lot area at any other place in the city, but, um,

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not in this overlay. We believe that the lot size that we're proposing is actually closer to what

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