civus
Hearing video

ZBA Hearing - September 1, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 1, 20215h 11m

sam has been a lot to talk mr michael stamm please spell your last name and i'll swear you

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in sure uh stamm is spelled s-t-a-m as in mike m as in mike we're a firm to tell the truth the

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truth, nothing but the truth? I do, yes. Mike, could you tell the board your connection with

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this project? We're the owner and developer. Okay, and you've heard my presentation,

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Okay. And you've heard my presentation, my testimony. Would you agree it is true and accurate and you would adopt it as if it were your own?

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my testimony. Would you agree it is true and accurate?

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I would, yes.

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I could just briefly comment on the parking. As I mentioned, it is accessing the rear area. And is there a demonstrated and no need for parking in this area?

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Yeah, no, absolutely.

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Okay. Thank you. That's all I have, Mr. Chairman.

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Thank you. Any questions from the board?

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No, Mr. Chairman.

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no no anyone else would like to testify in this case if so please raise your hand

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see no further hands at this time sir thank you planning commission

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good afternoon chair peter bernard for the planning commission

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this property is indicated for multi-family residential in the comprehensive plan

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this proposal already received approval for five mixed use units additional requests for off-street

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parking accessed from the front of property privatizes existing on-street parking accordingly

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the planning commission recommends the board deny this variance thank you mi 2021-001-867

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1754 wiley street my vote is yes professor plaza my vote is yes dame snell my vote is yes

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Thomas Holloman my vote is yes thank you case number five MI 2021-000637

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2626 West Lehigh Avenue Joseph Consul is the attorney of record there is a letter of support

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with provisors from the strawberry mansion community concern

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Mr. Consul we'll be coming back as a panel sir

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hi everyone joe console here please i'd spell your full name and i'll swear you in

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joe console that is c-o-n-s-o-l-e you swear for him to tell the truth the whole truth

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nothing but the truth i do my address has questions for you i'm sorry

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Counsel, you agreed to waive the reading of its refusal and stipulate to its accuracy?

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Yes.

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Have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral photos and plans five days prior

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to this hearing?

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Yes.

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And have you met with the RCO and have a letter?

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Yes.

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Thank you.

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Please proceed.

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All right.

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I got my screen share here.

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did my packet come up yes all right great hello everyone joseph consul consul madison

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1 west 3rd street suite 204 media pennsylvania 19063 i'm here on 2626 west lehigh avenue

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it's uh lehigh between 26 and 27th this is the external of the property and uh here

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is a view of the block. At one time, as you can see by all the storefronts, etc., this block

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was zoned commercial. There's several non-operating storefronts and several operating

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multifamilies. It was rezoned RSA5. My client, Kyle, from Eugene Mickens, LLC,

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um has submitted a request to convert this property to a two-unit property there's our

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refusal got the refusal for two-family living being prohibited in this district um as i said

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uh there's uh you can see all these old storefronts etc properties in need of tlc as is

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uh the rest of the block um we're seeking to put in uh two two bedroom one bathroom units

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he purchased the property in october of 2020 we originally went in front of strawberry mansion

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rco uh in april this year at that time the community was supportive generally but um had

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some concerns regarding a trash plan and security and cleanup measures. So we continued the ZBA

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hearing and scheduled a second RCO meeting. Between then and now, my client has met with

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the RCO twice, once at the property, and then once we had another meeting on Monday evening.

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and that's where we got our letter of support here with provisos the the meeting went went well

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the meeting went well and they asked us

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and they asked

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at least to read on the record that my client agrees

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to limit the exterior facing and finishing

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to either black, gray or beige

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to match the other new buildings that are being built

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in this section of West Lehigh Avenue.

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Scan briefly, if there's anything else that's worth adding.

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I just have some photos of the property.

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As you can see, it's in need of some love.

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It's a shot across the street, which I just showed you. It's a shot off the block.

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That's across the street.

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And here's our plans.

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They asked us to eliminate any living space in the basement, which we agreed to do.

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We've got a first floor, one bedroom. We've got a trash plan.

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the first floor is access to the rear yard for trash second floor has trash receptacles built

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space built into their entryway and then the second floor has two bedrooms and one bath just

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like the first he's going to install security lighting and he has been maintaining the property

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keeping it clean that sort of thing and that that seemed to be to the to the liking of strawberry

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mansion uh mr council excuse me did i think did you misspeak i thought i heard you say one bedroom

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on the first floor oh i'm sorry it's there are two two two bedrooms okay wanted to make sure thank

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you i thought that's right uh all right so i'll call uh kyle malson if i can please raise your hand

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Hello, this is Kyle Mawson.

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Sir, please spell your name and I'll swear you in.

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K-Y-L-E-M-A-L-S-O-N.

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Order for him to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Thank you.

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Please proceed, Mr. Consul.

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Good afternoon, Kyle.

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Did you hear my testimony right now?

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regarding 26 26 west lehigh avenue yes do you adopt it as your own yes is there anything you'd

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like to add to the board no okay with that we we rest thank you questions from the board no mr

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chairman no anyone else like to testify in this case if so please raise your hand

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you know further have wait i got a call on user with the hand raised i'm not going to speak at

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this time.

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I put the hand down so you can proceed Mr. Chair.

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Okay, thank you.

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Planning Commission.

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Good afternoon, Chair.

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Peter Bernard for the Planning Commission.

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this property is indicated for single family residential in the comprehensive plan

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we feel the applicant has failed to demonstrate sufficient hardship

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accordingly the planning commission recommends the board deny the variance

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all right mi 2021-000637

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2626

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West Lehigh Avenue

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my vote is yes

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Professor Plaza my vote is yes

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James Snell my vote is yes

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Thomas Holloman

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my vote is yes

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number six on our list

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MI 2021

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that's 001898

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308

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Sears Street

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there's a letter from the

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Pennsport Civic Association

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and a letter from Councilman Squilla in non-opposition.

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Mr. Chair, Mr. Nockmson has been promoted to panelist.

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Good afternoon, Mr. Nockmson.

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I believe you were, were you on this?

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Yes, you were on this morning.

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You're still on the oath.

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Please identify yourself.

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Yes.

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Good afternoon, Mr. Chair, members of the board.

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Alan Ockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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Mr. Plaza has some questions for you.

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Mr. Ockamson, you agree to waive the reading of his refusal and stipulate to the tag person?

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I do.

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Have you emailed an exhibit package with the required documents, proof of ownership, proof of tax compliance, a copy of the refusal or referral photos and plans five days prior to this hearing?

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Have you emailed an exhibit package with the required documents, proof of ownership, proof of tax compliance?

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Yes, we have.

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And have you met with the RCO and have a letter?

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Yes, we have a letter of non-opposition from the Penn Support Civic Association, as well as a letter of non-opposition from Mr. Squilla, Councilman Squilla.

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May I share my screen?

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yes please

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so in front of you you'll see a packet of materials for 308 seer street and 307

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erp street we're in the pensport section of philadelphia all we're trying to do is

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reconfigure these two properties one each of these properties is a small lot all we're trying to do

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is equalized a lot. Currently 308 Sears Street is 864 square feet and 307 Earp Street is 545

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square feet. We're just trying to equalize the size of the lots to build a single family structure

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on each property. You'll see from our packing materials this is not uncommon to have sizes

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of these type of lots on this block of Sears and Earp. So my packing materials includes the

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deed to the property, certificate of tax clearance, notice of refusal, as well as the description of

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the nearby RSA 5 lots and their lot sizes. Our application for appeal, maps of the area, which

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will also show how we're trying to conform to that block. Photographs of the property in the

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surrounding area, architectural plans and drawings, as well as a letter of non-opposition from the

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Penn Sport Civic Association, as well as a letter of non-opposition from council member Mark

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It's going to increase the size of this so you can see better.

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Here's our data to the property, showing that my client owns the property.

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Certificate of tax clearance showing my client's good standing.

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Our notice of refusal, again, each of these properties on Sears and Herb Street are RSA5 properties.

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All we're trying to do is put a single-family structure on each.

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If you notice, other than the lot size, we have no other dimensional variances, and we're just essentially trying to equalize the lot sizes.

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See all the properties in the surrounding area on Sears Street and on Earp Street.

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On average, these lots are 650.72 square feet.

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We're proposing to have 308 Sears Street be 703.4 square feet, while 307 Herb Street would be a proposed 678, both larger than nearby lots in the area.

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Our application appeal to the Zoning Board of Adjustment, along with our Notice of Refusal and Project Information Form.

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uh again showing where we are in uh the neighborhood uh we're essentially between

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wharton and reed and third and fourth street we're in this little nook where sears is and

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where erp is but as you can see the other properties in the area primarily are subdivided

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in half between one property facing sears one property facing herb and we are also separate

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lots. We're just trying to reconfigure them. The Google map of the area, photographs of the

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property, 308 Sears Street from the front of the property, 307 Herb Street from the front of the

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property, Sears Street to the right of the property, Sears Street to the left of the property,

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Herb Street to the right of the property, Herb Street to the left of the property.

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Our plans and drawings, again, typical single-family home with modern construction,

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uh brick facade if you look at the floor plans it's just an example they're kind of similar

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but you walk into an open floor plan uh you have a living room down in the lower level

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upper level you have second floor two bedrooms and the bath uh third floor you have a master

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suite essentially master bedroom and master bath and then you have a roof deck same thing for the

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other property we did meet with pensport civic association and again this is their letter of

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non-opposition as well as the letter of non-opposition from council member mark swilla

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along with our proof of sending a notice for that meeting and our proof of mailing

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and with that being said i would ask that bill archer virtually raise his hand so he can adopt

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my testimony

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Mr. Archer, please spell your last name and I'll swear you in.

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archer a-r-c-h-e-r for him to tell the truth the whole truth nothing but the truth

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Archer, A-R-C-H-E-R.

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Word for him to tell the truth, the whole truth, nothing.

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yes thank you mr markinson yeah mr archer you heard everything i stated today yes and is it

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true and correct yes and do you adopt it as your own testimony yes thank you any questions from the

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board no mr chairman no no anyone else would like to testify in this case please raise your hand

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Chair, Mr. Dominic Savini has his hand raised. I will allow him to speak at this time.

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Thank you, Mr. Savini. Please spell your full name and I'll swear you in.

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Sure. This is Dominic Savini, D-O-M-I-N-I-C, S-A-V as in Victor, I-N-I.

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We're affirmed to tell the truth, the whole truth, nothing but the truth.

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Yes, sir.

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Please proceed.

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Yes, so I am the committee person for Ward 1, Division 17, and also the owner of 309 Earp Street.

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We as the residents of Earp Street, Sears, and surrounding Oriana and 3rd Street object and oppose the plan submitted for the dimensional variance between lots 307 Earp and 307.

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eight Sears. Reasons for is the proposed plan squeezes two three-story houses with

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roof decks that will tower over surrounding two-story homes and will obstruct views

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and natural light to existing residences. These houses do not submit to conform to the block

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in existing houses. They are a story above and a rooftop above that. I also have visual

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renderings if you uh can let me share my screen yeah um Mr. Chair the only thing I would object

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to I have no objection to Mr. Savini's testimony as an individual I do object to

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his characterization that others in the neighborhood object I actually have several here

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uh all of them have Mr. Mr. Savini you may speak on your behalf if there are others on the line

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and they will have an opportunity to testify.

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Thank you.

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You can unmute yourself.

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