civus
Hearing video

ZBA Hearing - July 12, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 12, 20235h 52m

uh first document is a refusal um refusal there's three items all concerning uses uh what we're

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seeking mr chairman is to legalize a multi-family use that's been in play we know for certain since

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1955 as five units and it's been historically a multi-family property since at least 1895

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And I'll show you records from 1895, believe it or not, that we were able to get from the historical conservancy in Chestnut Hill.

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We have the support of the Chestnut Hill Community Association, as well as the Chestnut Hill Conservancy.

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The community organization has a number of provisos, which we've agreed to concerning the use.

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has a number of provisos which we've agreed to concerning the use of the premises because it is

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a contributing historical structure and there are some concerns as to whether or not if that property

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were to go into disrepair would be damaged by a fire that it only could be rebuilt in the same

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mass and size as it exists now and i'll show the board pictures of the of the property so you can

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get a better feel for what we're talking about.

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We also have a letter of support from the Chestnut Hill Conservancy, as I said, with

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a number of provisos which are duplicative of the Chestnut Hill Civic Association.

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And by the way, we did get unanimous support and a vote from the Chestnut Hill board, which

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is a rare feat, I might add.

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so this is an aerial photograph of the block this is willow grove avenue where my cursor is

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in the foreground is a park across the street winston park the property is this what appears

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to be and is a single family property in the front of the property there's a driveway that

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leads to the rear and in the rear there are four apartments when i show you the historical records

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It was a barn at one time, because in this area, there were a lot of tradesmen, and they

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would live in the front structure and then have their barn for whatever trade they were

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involved in.

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Over time, that was converted to units, and at one time, there was even a commercial unit

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in here.

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We are not seeking any commercial use of this property.

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Simply, we're looking to maintain it as a four-unit property, which has been in existence

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for decades.

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This is a clear photograph of the property.

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You can see there's a driveway leading back to the rear, which contains four apartments.

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And so technically, Mr. Chairman, this is a request for five dwellings.

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Again, this appears to be single family and it really is used as single family.

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And that's what has been used historically.

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And we just want to continue the same use for that and the property in the rear.

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what i've done is we've looked around the neighborhood to see where there are other

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multi-family or commercial properties and i've placed red dots on those structures the green

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dot is my client's property this red dot this large building is a large commercial building

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used by a bowman properties to renovate their numerous properties in the area so there's you

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There's activity in and out of this building and all the other red dotted structures are multifamily.

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This is a photograph of East Willow Grove Avenue, where my cursor is.

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This white stucco building is my client's property.

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You can see across the street that there's a park.

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You can see there's ample parking across the street as well as in front of the building.

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Again, for perspective, look in the opposite.

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direction here's my client's property again the park to my right and homes to the left

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a floor plan just to give the board a feel again for what we're talking about this is one of the

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largest lots in this rsa3 district and on the block so we have ample open space there's no

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issues with regard to height it's simply a continuation of an historic use some photographs

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to show that the building in the back

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where the four apartments are located

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is well-maintained.

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Again, some more photographs

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for perspective purposes.

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There are four separate utilities

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in the property

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and the fifth one for the common areas.

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A posting of our zonus notice.

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These are just the floor plans. Again, I don't want to spend a lot of time on it, Mr. Chairman, unless one of the board members requires me to, but this is the second floor, a modest one-bedroom on the second floor to the left and a two-bedroom to the right.

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And below that living room area on the second floor is a large garage, which on occasion has been used by adjacent neighbors for storage.

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The first floor, again, entrance in the front, two bedrooms to the right, two bedrooms to the left.

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These are the historic records that we're able to get from the Chestnut Hill Historic District.

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It's amazing to have records going back this far, but I've circled the relevant historical

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references in 1896, and this is 184 rear. So there's the 180.

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1896, and this is 184 rear. So there's the 184 front is this one, which has been in play as a

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single family residence since 1893. And in 1896, Mr. Schlick, who was a tradesman and a contractor,

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converted the brick barn structure to a dwelling, as well as a two-story front addition.

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Then if we move on to the next page of the historical records for the rear, again, this is 184 East Willow Grove Avenue.

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The second floor use was office and then two family.

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And sometime between this 22 period and 1955, we understand it was used, it was converted to four apartments.

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And my client actually spoke to the son of the Tobago family, T-O-B-A-G-O, who purchased the property in 1955, who confirmed when they purchased it, it was a four unit structure in the rear and one in the front.

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And then when they sold it in 2000 to the prior owner, it maintained its four unit structure.

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This is the tax certification that we received recently.

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My client paid online, not only for tax,

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the next one is a tax receipt indicating full payment for the taxes.

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And we attached this document to show that he also paid for commercial trash fees for commercial pickup.

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But, Mr. Chairman, we've agreed that we will have a separate contractor now come and haul away

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any trash, even though my client has been paying the commercial trash fees.

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The remaining documents are the performance documents one would see in an application

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of this type.

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Our zoning map, again, to show you the 8,200 square feet in excess of for this lot in an

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RSA 3 zoning district.

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This indicates the deed.

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And my client purchased this, Mr. Chairman, in October of 22.

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There's a backstory to this.

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He has been a tenant with his daughter and three other tenants in the property.

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He started his tenancy in 2019.

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And the owner decided to sell the building in 2022 and told the tenants that they're going to have to leave because she was aware that she really didn't have the proper zoning in place.

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So my client, after much, I guess, internal haranguing with himself, decided that he would step up, purchase the property, and then maintain all the tenants that are there, some of which have been there for a long time, because the rents are reasonable.

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It's a great neighborhood to live in. They basically peacefully coexisted with all the houses that surround them for over 100 years.

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And this structure in particular has actually predated the construction of some of the other homes on on the particular block.

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So when the owner decided to sell, you know, my client kind of stepped up to the plate and decided to acquire it.

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And so he is he's very anxious that this structure could become a legal structure and then all the proper licenses will be obtained for for renting the property out to the tenants.

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The other document, which I didn't get to, is at the very end is a management agreement that my client has with a company that is well known in the area.

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let me just get that for you. Yes, it's a management contract between my client at

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Alphont Ponce Properties, and you may have recognized the name Alphont from Alphont

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Wissahickon, which is a well-known real estate brokerage in the area. And Mr. Alphont will

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testify to Mr. Chairman concerning the agreement and the services that he provides.

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The remaining documents I wanted to get to are the zoning records, which mirror the aerial

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photographs that I showed you with the red dots.

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So the first structure is 219 Willow Grove, it's zoned for 12 units and used as 12 residential

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units.

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Next property is 224 East Willow Grove, that's a multifamily three units.

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Next property is 224 East Willow Grove. That is a single family with apartments and offices, according to the zoning records.

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Next property is 224 East Willow Grove.

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And this, again, this is still 224 East Willow Grove.

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Next property is, again, this is more of 224 East Willow Grove.

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I put a lot of documents in there concerning 224 East Willow Grove.

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Again, there's some more going back to 1948, indicating multiple family use.

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Clint, is your client in the audience?

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Yes, my client is in the audience.

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We want to have your testimony.

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I ask that these records and all the documents that I submitted be admitted.

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into evidence. And I also have Mr. Alfont available to testify concerning not only the

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management, but property values in the area. Because I know there was some concern by some

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neighbors raised as to property values. So I don't know if you want me to call Mr. Alfont first or my

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client to adopt my testimony and then Mr. Alfont. Call Mr. Alfont. Had Mr. Alfont come first.

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Mr. Alfont, if you're in the virtual audience, can you raise your hand?

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and I'm about to speak. Hi, good morning, Mr. Alphant. Could you state your name,

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please, and spell for the court stenographer? Robert J., the initial Alphant, that's E-L-F,

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like Frank, A, N as in Nancy, T as in Tom. Right. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? Yes, I do. You see, Mr. Clinton.

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Thank you, Mr. Chairman. Good afternoon, Mr. Alphon. Thank you for participating. I showed the Board of Real Estate Management Services Agreement. And is that with your LLC, your company, you manage the property?

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Yes, we do.

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Okay. And you've managed the property since when?

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We started in 2019 under the former owner and picked up when Andrew purchased it with the current owner in, I think, 2022.

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So we managed it for about five years.

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Sorry, Mr. Alfont.

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And were you a principal in Alfont, Wissahickon?

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I am.

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Okay.

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And you currently remain a principal in that brokerage, correct?

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That is correct.

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And how long have you been a licensed realtor?

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September will be 50 years.

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Congratulations, Mr. Ralph Hunt.

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So, Mr. Ralph Hunt, there's been some discussion at some of the community meetings about the impact of this property on property values in the area.

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You're well familiar with Chestnut Hill, having been a realtor in Chestnut Hill for 50 years.

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You're well familiar with property values.

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Can you tell the board what impact, if any, this property has had, does have, and or will have on surrounding property values?

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This property is a unique property.

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Chestnut Hill is filled with unique properties.

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It's a nice single family in the front.

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It's four units in the rear that are nestled at the end of a driveway in a sort of a private area.

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And to the contrary, I actually believe, and I don't doubt this for a second, that this increases the values of properties in that vicinity.

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We sell properties in that neighborhood all the time.

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The values are strong.

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They remain strong.

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and a property like this, as unique as it is, would lend a greater value to the neighborhood

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because it would sell for significantly more than any of their surrounding properties

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and would bring value as a result.

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And Mr. Alphine, I don't know if you were on the call during my presentation

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of the other multifamily properties in the area.

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Would you concur with what I submitted to the board?

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I think actually you probably missed some. Bowman has multifamilies in that area.

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Woodward Property has multifamilies in that area. I think there's a possibility that you didn't have enough.

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has multi-families in that area, I think there's a possibility that you didn't have enough red dots.

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I mean, it's not rampant, but it's interspersed in that neighborhood.

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And it's been that way for years and it's been fine.

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What about parking in the neighborhood, especially surrounding this property?

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I literally drive by that property almost every day of my life.

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And almost every time I drive by there, especially on the park side, there are multiple spaces available.

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I know part of your agreement is that the tenants in the rear will be allocated each one space.

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So the four apartments in the back are covered on premises and the street parking is always ample.

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I mean, I just never see it parked up.

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Well, thank you, Mr. Alphon, for your testimony, Mr. Chairman. That concludes Mr. Alphon's testimony.

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Thank you. Do you want to bring your client on now?

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Yes, Mr. Berman. Andrew, can you raise your hand?

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He's been allowed to speak.

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

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It's Andrew, A-N-D-R-E-W, Keats, K-E-A, T as in Tom, S as in Sam.

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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 do.

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Proceed.

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Thank you, Mr. Chairman.

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Mr. Keats, were you on during the entirety of my presentation of your application for variances?

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I was.

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and if you had the opportunity to testify would you adopt my testimony as your own

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and as true and correct absolutely yes

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thank you Mr. Keats thank you thank you Mr. Clinton are you done your presentation

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yes I am okay yes Mr. Chairman I asked that my exhibits be admitted into evidence absolutely

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absolutely sir Mr. Masters uh good morning Mr. Chair members of the board

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Steve Masters representing three of the adjacent property owners, Jim and Kathy Fagan and Sarah

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Katz. I'm in a somewhat unique position of supporting this project because of a settlement

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that we have reached with the applicant and his counsel. And I wanted to just briefly review that

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settlement with um the board and have my three clients uh provide some brief testimony

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so okay um actually um hink can you release your screen so i can share

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So as Mr. Clinton said, this property is fairly unique as a historical artifact maybe in the neighborhood because it has a multifamily dwelling in the rear,

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whereas all the properties in the very close area, including my client's properties, are all single family.

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That being said, in the course of conversations and negotiations between our clients and the applicant,

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we concluded that it would be overall best for our clients and for the neighborhood for this project to be approved with certain provisos.

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The community association had multiple meetings of different entities that are part of the process in Chestnut Hill.

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And they came up with a number of provisos, but we expanded those.

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And we wanted to present those to the board and ask that as many of those as possible be incorporated as conditions on the on the variance.

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uh so uh there's 11 um specific provisos that we wanted to review with with the board

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um the first one many of these are are also provisos that had been uh suggested by the

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community association but we went into a little more depth uh the first one is that it's very

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important to our clients that the property remain owner-occupied or be managed by a local

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professional management company. Our clients are very satisfied with the management provided by

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Mr. Elfant's company, but in the event that Mr. Keats no longer resides on the property,

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it's very important that there be a local property management company that, you know,

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that there be a local property management company that has where the near neighbors have all of the contact information.

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