civus
Hearing video

ZBA Hearing - August 30, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 30, 20233h 48m

a change of use application no no no no i'm not adding parking that the uh the garage is basically

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fault it's already almost down i'm just right taking the garage away the the parking spot is

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just the one car garage and i'm keeping it as that i was just i'm sorry i might i might have

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misinformed in that area but yeah but if you are if you are demolishing a structure you will need

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a permit for that so just make sure you get a separate permit for that okay well I mean it's

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definitely not necessary um it was just something I wanted to you know let the um other residents

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know that I'm willing to uh do what is necessary to accommodate their needs as well uh but if

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you know I can fix the garage up I don't have to tear it down it's not a necessity yeah it's

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definitely not a necessity i can definitely just fix the roof on it yes i'm just letting you know

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which is whatever you know whatever you you you plan to do like that you know if you are planning

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to remove it and try more definitively create additional parking spaces that just does require

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an additional permit so i just wanted to make sure you're aware okay thank you thank you i did

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not know that thank you very much so questions from the uh virtual audience um yes mr chair i

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I have a hand up from Vandellin Waring.

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I have allowed them to speak at this time.

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

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Vandellin Waring, are you still there?

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Hands still up, Jase?

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Hands still up, Jason.

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Yeah, they've unmuted, but I don't know if they're not saying anything or if they can't

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ask if the microphone isn't working.

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Good morning.

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Okay.

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Is there anyone else in the virtual audience?

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um yes there's a hand up from a number ending in zero three three zero i haven't got them to

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speak at this time sure thank you could you state your name please and spell for the court sonographer

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star six to unmute

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Good morning.

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Excuse me, Mr. Chair.

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Once again, star six to unmute individual at number 0330.

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still nothing mr chair anyone else in the virtual audience

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i missed a hand up from but there was a hand up from a number ending in two zero zero one but

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they've put their hand okay their hand is back up i'm about to allow them to speak at this time

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sure please i could you state your name please it's spelled for the court stenographer

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james seiler j-a-m-e-s-s-i-l-e-r okay do you swear or affirm to tell the truth the whole truth

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nothing but the truth yes are you a neighbor yes please proceed

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uh i'm one of the neighbors who is in uh opposition okay adding more

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are multi-units to the block okay um i have not received or heard of any um any any document

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stating that it would be changed from a triplex to a duplex and i'm unaware of any any letter

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okay um i would like to know when this was issued when it was circulated and and when it was

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presented well the letter came from the cobs creek neighbors association and they they recommended to

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the owner reducing it from 3

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to 2.

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Do we have a date? I don't have

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the date with me, sir.

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Are you still against 2?

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Yes.

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I don't want any more multi-units on the

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block.

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There are many numbers that agree.

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I don't know how many can

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make it on this call.

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Thank you very much for taking the time to call in.

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we'll take what you said under consideration is there anyone else in the virtual audience

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um yes Mr. Chair in fact they had their hand up but they're um they put it down now so you

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can now proceed please okay um planning commission thank you Chair Bergman and board members and

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good morning David Fecto F-E-C-T-E-A-U with the City Planning Commission

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do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes sir i do proceed sir thank you sir um mr chairman and board members the comprehensive

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plan recommends no change to the residential single family zoning at this location there is

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no unique physical condition or circumstance of this property that would prevent it from being

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used in conformance with the zoning code the city planning commission recommends the board deny the

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proposed use variants for two dwelling units. Thank you. MI 2022 006 363 6229 Christian Street,

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I vote yes with proviso. Maximum two dwelling units. Thomas Holloman, my vote is yes with

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proviso. James Snell, my vote is yes with proviso. Ishmael Shahid, my vote is yes with proviso.

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Thank you.

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So one, two, three.

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Number six, MI 2022 006 537 1028 Lindley Avenue.

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Alan Nockmson is the attorney.

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letter of support from

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Logan Civic Association

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I understand we also have a letter of

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opposition that we received recently

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yes Mr. Chair we received

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Yes, Mr. Chair. We received a petition in opposition that was supplied to the RCO, that was supplied to the council office, and then our office this morning.

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a petition in opposition

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that was applied

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All right. How many people were on that? Do you know, Hillary?

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I did not get a chance to count, Mr. Chair. It was several pages, and there was various numbers of signatures on each page.

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Mr. Nackamson, could you state your name, please, and spell for the court stenographer?

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Yes, Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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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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Could you identify your client and the relationship to the property?

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Yes, my client is Earned Properties LLC, and in the virtual audience is its member, Angelo Adams.

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All right. Our vice chair has just a few questions here.

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Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that are required to proceed with this case five days in advance of this hearing?

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Oh, yes, we have.

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Thank you, Mr. Nackamson. Please proceed and share your screen.

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okay mr chair i think while i was transitioning into the

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as a panelist i heard something about there may have been another letter issued this morning or

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a petition speak up a little bit we're losing you you're going like in and out a little bit

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hold on i i heard when i was positioning in as a panelist i thought i heard something about

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a petition or a letter right you're right warning yeah hillary received it this morning okay miss

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emerson do you mind emailing it to me so then after the presentation i can review and then

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respond to it yes absolutely we just received it this morning all right thank you all right

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may i share my screen you can thank you all right so i'm here to present 1028 lindley avenue uh

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we'll review first the notice of refusal then the letter of support from the logan civic association

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we have our own petition where we canvass the neighborhood of nearby property owners and

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occupants where we received several signatures and support excuse me support we're proposed

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we originally were proposing to have three units in this rsa3 property which is almost 2500 square

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foot lot. We originally were proposing three. The neighborhood wished for us to have two,

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and that's why we received support. But it's not out of character to have multifamily dwellings

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in this part of town, even with this type of zoning classification. And we're going to show

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you that as well. We'll review the maps of the area, photographs of the property,

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our plans and drawings, our meeting notice step for the last meeting that we had where we

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compromised and reduced our unit count to two. So if this board is so inclined to grant our

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variance request, we would say maximum two units, our deed to the property showing that earned

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properties LLC is the owner of the property, our application for appeal that we filed on behalf of

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Earned Properties, LLC, and a Certificate of Tax Clearance showing that my client's in good

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standing with respect to this property as it pertains to real estate taxes. At the conclusion

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of my presentation, I would ask that Mr. Adams virtually raise his hand. He's the principal

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member of this corporate entity that owns the property. I ask that he would be sworn in,

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and then we will ask him a few questions regarding my presentation.

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So first things first, this is an RSA3 property. We were asking for three units. Just to let you

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know, this property has been used for some time as multifamily. So it's configured this way as

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three units. Again, as a compromise, my client is willing to go down to two units, which is in

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character to the size of a lot of 2,500 square feet, as well as the surrounding properties,

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which are also multifamily in nature. We have two refusals. The first has to do with the use,

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which we originally were proposing three units, which we would ask the board to grant

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our zoning appeal now for a maximum of two units. And then the parking spaces, where

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technically under this zoning classification, three parking spaces are required, one per unit,

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where zero is proposed we you know given the configuration of our lot it would make no sense

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you know for us to create a curb cut and it would be virtually impossible for us to create a curb

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cut where we where it would allow for three parking spaces or now two again it would also

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where it would allow for three parking spaces or now two again it would also be out of character

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because you if you looked at the neighborhood no one else who has multi-family use has this type

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of parking as well we're also near uh public transportation both several bus lines as well

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as a line i think the fern rock station as well for the subway we did receive a letter of support

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at a well-attended meeting, 11 people supported this project. And then we actually canvassed the

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neighborhood. So in addition to our property, 14 other properties nearby signed a petition in

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support of our use. And this was originally for three units, where we're now reducing that unit

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count to two for proposing. And then again, we did a canvassing of the neighborhood as well from

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like what the use is. And there are 13 other properties in close proximity, which have a

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history of multifamily use. And then maps of the area. So we're essentially at the corner

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of Lindley and 11th Street and we're between Warnock and Marvin and as you can see we're not

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that far off from the Broad Street line here and you know this additional density will hopefully

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support that commercial corridor and then photographs of the property this is the front

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of the property from Lindley again as you can see there's no way for us to create any off-street

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parking. We're physically limited in that respect. And then this is the hearing notice poster for

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today's hearing. And this is Lindley to the right of the property. And as you can see, there is no

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curve cuts anywhere near here. This is Lindley to the left of the property. And these are our plans

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and drawings. We're not making any changes to the physical nature of the building footprint itself.

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In actuality, we were hoping to just reuse the three-unit configuration that currently exists,

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but we understand that the community wanted less density, and we are agreeing to that.

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But you can also see that we have enough ample space to store the garbage in the rear,

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and we would also ask for proviso trash stored at the rear of the property.

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But as you can see, there's two entrances for each—well, there's an entrance for each

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unit. So it's not like we have one point of entry. So for unit number one, which is on the first

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floor, which is a two bedroom, one bath, you come to the side area and you come in and that's the

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first floor unit. Instead of going to the first floor unit, you want to go to the second floor

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unit. Here's a separate entryway. Again, the way that this house is configured and has been

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configured for some times. And you would come up to the second floor. Each unit has its own floor.

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There's no basement living. There's no roof decks. There's a responsible trash storage and maintenance plan. Again, we met in May at 6.30 p.m. There were, I can't see, there's like 102 addresses that were notified of that meeting.

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excuse me list of those addresses proof of mailing to those addresses

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our deed to property showing that earned properties llc is the owner of the property

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application for appeal that we filed on behalf of earned properties

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and our certificate of tax credits with that being said i would ask that um

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Mr. Adams virtually raise his hand.

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I'm going to stop sharing my screen.

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Is there three apartments there now?

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There are three apartments there now.

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And you're going to take that second floor and break it down to one?

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Yeah, I think right now the second floor is two apartments,

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and we're going to actually knock down the wall and make it into one apartment.

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Okay, all right, good.

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Thank you.

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What's your client's name?

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Okay, hi.

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

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Yes, my name is Angelo Adams.

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That's A-N-G-E-L-O.

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Adams is spelled A-D-A-M-S.

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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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Proceed, counsel.

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Yes, Mr. Adams, you heard everything I had to state today about your zoning matter.

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That is correct.

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And is it true or correct what I stated?

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yes it is and you docked my presentation um as your as the uh factual allegations as your own

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yes i do questions from the board no mr chairman

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No, Mr. Chairman.

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Cheers.

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Chair.

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Questions or comments from the virtual audience?

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Yes, sir.

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I have a Sonia Garrett with her hand raised.

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I have allowed them to speak at this time.

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

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Good morning.

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My name is Sonia Garrett.

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Hi, can you spell it, please, for the stenographer?

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S-O-N-I-A.

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The last name is Garrett, G-A-R-R-E-T-T.

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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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Are you a neighbor?

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