civus
Hearing video

ZBA Hearing - July 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20206h 57m

No problem.

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The building is a,

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the existing school is a five story building.

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uh building uh and we're suggesting proposing to put on a 28 000 square foot addition

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that will include a gymnasium 13 classrooms two collaborative rooms as well as restrooms

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they'll be put to the rear of the building even though the property is listed technically on

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robin street the front of the school faces battersby

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there will be significant interior renovation

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that will include providing led lighting throughout this is the

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existing building upgrading the electrical system

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installing the new fire alarm system and security system

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all new finishes throughout new casework new cabinetry

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staining of the existing wood floors. In the new addition, the first and second floor will

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be occupied by the gymnasium. And I'm sorry, I don't have able to show you that how nice that's

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going to look and the color pattern that will be throughout the building. On the third and

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fourth floors, I'm sorry, on the second floor, there'll be one classroom as along with an

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elevator the building is not currently accessible but the elevator will connect

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to the existing floors as well as the addition the third and fourth floors are

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six classrooms and a collaboration room along with restrooms we have our notice

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of refusal refers to the height of the building the height of the building is

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51 feet 4 inches to the top of the deck. There's a parapet and stairwell above that. However,

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in accordance with the code, they're not included in the measurement of the height.

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The existing building is 59 feet. So we think this 51 feet 4 inches is not only necessary to

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be able to provide these needed classrooms and gymnasium, but appropriate for the size of the

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existing building. The notice of referral was that this is an RSA 5 zoning district which permits

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educational use but by special exception. There is nothing extraordinary about what's being added

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to the school. It will be used as a school and therefore we meet the requirements of the code

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in order to earn a special exception. That's really the nut of it. We did appear in a virtual

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in a virtual hearing. We appreciate that the Mayfair Civic Association held that.

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hearing. We appreciate that the Mayfair

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We sent out 217 invitations to that, and our exhibits include copies of that and the

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zoning notice that was included, along with the instructions from

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the zoning board and how to participate, which I obviously didn't read well enough.

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thank you uh do you need anyone else question key question mr chair is uh is the umbrella

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still on the roof boy word travels fast out outside the city oh i was on that's right

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no i actually got the fire department to get it off i couldn't do it myself

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sorry to interject i'm a little bit scraped up but other than that i'm fine thank you

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all right do you need anyone else neil to testify no i don't i i'm testifying on behalf of the

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client under 14 303 13 f maybe sharon tell me um so chair i would just like to mention that

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any callers who wish to testify you would have to raise your hand by pressing star nine

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but at this time chair there are no hands up and there is one now. Okay. Kevin

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Haney you've been unmuted and you can go ahead. Please identify yourself with a

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record name and address spell your name for the stenographer. My name is Kevin

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Haney. Address is 7216 Barnard Street or Barnard Avenue, depending on which map you're looking at.

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And I am a member of the Mayfair Civic Association who participated in last Thursday's

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RCO meeting. Do you swear and affirm to tell the truth, the whole truth and nothing but the truth?

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I do. Thank you. Please proceed.

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I just wanted to make reference to the recommendation from the Mayfair Civic Association concerning the recommendation for some provisos for sustainable environmental

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remediation throughout the school property in addition to the actual work

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being done on the expansion and the construction within. I and a number of

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others. We might see violence. I believe there's a real need for environmental improvements

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at this site. I'm talking about things that would comply with the green schools initiatives

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and the green city initiatives and the clean water rain garden program and so forth.

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At present, the site of the school is, the school property is 130,000 square feet, virtually

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all of that space is covered with either rooftops or asphalt, and now they want the district

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understandably needs to expand the property and put up a 50-foot high

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structure and this is going to impact people on Battersby Street and

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pedestrians and motorists in terms of the visual impact and we think there's

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room to improve

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that situation.

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Thank you.

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I just wanted to make sure

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that

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my

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written

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petition that I filed

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yesterday is in the record

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and also make note that

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I filed a supplement to that petition

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today based

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upon a landscape plan from the district that I only received this morning, in addition to comments from

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In addition to comments from Nicole Ward, I had presented her with a variety of questions

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about the landscape plans and what could be done.

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and she stated in an email this morning that she could not get back to me

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with any kind of substantive response until tomorrow, Wednesday at the earliest.

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And I just think that's further reasons that there be some provisos attached to what, frankly, I and others expect will be a zoning board approval.

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But we just want to have something that will give the community some level of enforcement, so to speak, with the school district.

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And I and others are particularly concerned because, to put it politely,

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we've had a number of communication breakdowns with the school district's Office of Capital

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Programs going back 10 years, the earliest being with the relocation of the new Lincoln

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High School building and outdoor improvements that were discussed then were never done or

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budgeted by the district. Mr. Haney, I appreciate your testimony, but could you summarize?

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We are running out of time. We're already into our 3.30 session. I will just mention that besides

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Lincoln High School. There's also been problems with the new K-8 school, which

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almost led to a lawsuit that the school being built now behind Lincoln High

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School and also with two aspects of additions at the Mayfair School.

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Mr. Haney, would I ask you to just please just address your concerns to this

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specific location? I'm just providing that as background for the need. I understand

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that. And you said you submitted those provisos? Yes. All right. I'm just

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requesting that the board members look at them before any vote on this. Okay.

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Understood. Thank you. Any other witnesses?

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No, Chair, no one has their hand out. All right. I've not seen those provisos.

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Mr. Chairman, I have not seen those provisos. I have not seen a letter from Mayfair Civic as yet.

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I was told that it was going to be submitted directly to you notwithstanding that I know of

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no environmental suggestions that were made this morning I sent mr. Haney as a courtesy a copy of

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the landscape plan if if unfortunately you don't have my PDF to review the property is somewhat

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lined with trees or around the perimeter we're for the most part there are six

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new trees going on with a new playgrounds going the building will not

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on account of the construction violate any environmental rules that we know of

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this was not mentioned at the Civic Association Nora this is hitting us

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blindsided and we would ask that there be no conditions attached to this approval the school

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district is being very responsible in its approach to renovating and adding on to this important

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asset to the community counselor let me ask you this are you saying that no phase one environmental

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study hasn't been done? It was never asked, I have no idea. Because the building was built

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at the time definitely with some environmental problems. If there's environmental difficulties in

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If there's environmental difficulties in the building and they need to be rectified, they will.

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The school district has a very aggressive policy on that.

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I'm also referring to oil tanks in the yard.

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I'm sorry?

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I'm also referring to oil tanks in the yard.

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We don't know of any oil tanks in the yard.

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I don't know.

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nobody brought that to our attention in during the community meeting if they're

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all tanks in the yard and if they need to be removed and that's what pay debt

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wants then they'll be removed. Can you still hear me? Mr. Haney has been

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heard uh i like the board to vote i got it thank you any other questions from the board no

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planning commission while this property is indicated for residential use on the city plan

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given the property standing school use including retaining the existing building height

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we support the granting of the special accessible thank you calendar number three nine eight seven

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four three zero zero one robbins avenue my vote is yes my vote is yes my vote is yes good luck

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thank you

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that conclude the uh two o'clock list

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yes it does yes all right we're going to take a 10 minute break and we'll then begin at four

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o'clock we'll begin around four o'clock the 3 30 list does that work for everyone yes yes

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you mean uh 3 30 right the 3 30 list i'm sorry if i said something we'll begin the

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at four o'clock we'll begin the 3 30 list thank you

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okay good afternoon everyone my name is frank d chico i'm the chair of the zoning board of

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adjustment we have a quorum i'm officially calling this session to order in attendance

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are our board member mr thomas holliman and our board secretary mr confessor plaza in addition

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we're joined by tanya sunkett our board administrator and sarin's letter our board

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solicitor as you probably are aware today is our fifth day of holding virtual hearings

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while we may have to make adjustments along the way our plan is to call each

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case and basically proceed as it as we would have in a live hearing we ask that

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attorneys for applicants or other interested parties identify themselves

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for the record when the case you'll be participating is called we will then

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hear the applicants petition followed by any presentation by attorneys

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representing other parties interested parties and members of the public not

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represented by council will then be given an opportunity to either to testify we will finally

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hear the recommendation of the planning commission at the hearing's conclusion the board will either

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vote the matter immediately or hold it for discussion in executive session any case held

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for discussion will be voted on at the next scheduled meeting august 5th wednesday august

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5th 9 30 a.m a couple of changes related to the virtual format first we will be administering

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oaths to individual participants to to testify rather than to the room as a whole since we do

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not have a room second for the benefit of anyone participating by phone we ask that attorneys and

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witnesses identify themselves prior to speaking or testifying third we would like to advise everyone

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that this proceeding is being recorded and that by participating you acknowledge your agreement

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to be recorded. We would also ask if anyone wishes to testify to please raise your hand

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so that Ms. Sunkit can identify you and patch you in to the hearing. I would also ask attorneys

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to please please try to limit your testimony to those issues that are necessary for the record

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and limit your testimony in entirety for at least for one hour and I don't if I left anything out

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someone please correct me Tanya and or Sharon. No I just wanted to mention here if I may

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that those who are calling via telephone to raise your hand to give testimony you must press star 9

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to raise your hand to give testimony you must press star nine

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and that way

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and that way you will be able to um be recognized

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and go forward and that there also is a phone number

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to call in should you um need to put in a parent statement

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then we have a phone number that you would call into

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and i'll locate it shortly is 267-270-5548 that's the number google line that you call in

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and put information on record if you wish to be a party to either case as presented today

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thank you chief and if i can make one more announcement the board will begin by reading

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a list of cases that are being continued for this session. If you believe that one of these

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cases is being continued in error, please raise your hand following the reading of the

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list. Thank you. Professor? Yes, sir. Okay, here we go. Continuing cases, it'll be calendar

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Calendar number 392-88-128 East Wyoming Avenue is continued.

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Calendar number 39125-4609 Head Street is continued.

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Calendar number 38450-5506 Baltimore Avenue is continued.

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Next case.

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any anyone else who wishes to have a case continue any other requests i believe there's one more

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um calendar three nine zero nine two sixty eight eighteen shoe avenue okay alan i think alan was

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there we have now this is uh we got the tasker street to be heard correct um i have someone

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with their hand up though is it DeMarco are you here for your case are you here for a continuance

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can you hear me yes I'm here for the case okay so we'll confessor this is the tasker street case

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calendar number 39124 1143 tasker street uh Mr. DeMarco you agree to waive the reading of its

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refusal and stipulate to attack IRC? Yes, I do. Thank you. Please identify yourself as a sonographer.

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Hi, everybody. Richard DeMarco here for the applicant and the owner, Dr. William Zaccone.

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My address is 100 South Broad Street, Suite 905, Philadelphia, PA, 19102.

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DeMarco, do you swear and affirm to tell the truth, the whole truth and nothing but the truth?

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yes i do please proceed thank you uh so tanya are you going to allow me to share screen or

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should i see be able to see that button or no i'm going to promote you to panelists now

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i just i just got promoted all righty i just got promoted okay now all right so just so you know

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and thank you for doing doing it in this manner uh chairman and members of the board i appreciate it

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my clients appreciate it um this is my first one i'll try to do my best i do have both of

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my witnesses in the room with me if that's okay i'll turn the computer to them if i need you to

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see them okay thank you and if they testify we'll swear them in thank you all right sounds good so

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I won't share my screen with my exhibits just yet. I'll just do a brief statement. I'm going to try

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to be very brief with this. I know there's been opposition. So let me give a little bit of

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background because the case is a little bit complicated only because of the length of time

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that the owner has been, that the structure has been there. So just so we're clear,

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there were permits issued to Dr. Saccone for this construction. The issue is, and the issue

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before the board, are two dimensional variances. Dr. Saccone, these were vacant properties when

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Dr. Saccone purchased it. They were a parking lot in the past. There was a bar there in the past,

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and there was all other commercial uses at the property, but there was some surface parking

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there when the doctor purchased it and he has sought to construct two single-family twin homes

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not twins in the sense that um there's side yards on each side but together two two properties only

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only before you there's an extension of the row houses on the north side of tasker exactly exactly

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before you there's an extension of the row houses on the north side of tash

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and the um uh it's dimensional variances the two of them are rear yard depth

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let me try this now i'll try to bring up the refusal on my screen and see if this works

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forget just give me a moment i'm going to try to do this

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