civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

therefore

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and our

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dead

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see

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you're breaking up

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hi

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hi Darwin this is Tanya

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would it be okay to turn your video off

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maybe that might help

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alright

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I'll do that

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so are you

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I'm sorry

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your video not the

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presentation

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okay

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are you

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are high all compliant with an rm1 zoning classification and result when we present

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this to the community the community accepted our use and supports the project and as a result

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the councilwoman also supports the project um given the technicalities i just want to call up

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Mr. Michael Thorpe

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at this time.

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Mr. Thorpe?

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Mr. Chair, I do not see

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him in the audience, in the virtual

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audience. Anybody with their hand

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up at all?

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No, sir. No hands raised.

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Okay.

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Darwin, I think we understand what the issue is here and what you're trying to do. So you're an officer of the court. We'll accept your testimony. Questions from the board?

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No, Chair. No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Ryan McShurry?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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again no answer planning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the existing rm1 multi-family residential at this

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location we feel the applicant hasn't demonstrated dimensional hardship and that the commercial

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parking lot is not an appropriate uh setback for establishing the required setback at this location

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accordingly the planning commission recommends the board grant the variance thank you so mi2023

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004 915 843 north 40 street i vote yes thomas holliman my boot is yes james snell my vote is yes

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Thank you, counsel

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Thank you, Mr. Chairman

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Take care, everyone

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Okay, number four

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MI2023

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006-621

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1919 North Oriana Street

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Alan Nockamson is the attorney

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There's a letter of support

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from the Nara Square

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Community Alliance

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and the applicant provided three form letters

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from the 1900 block of North Oriana

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they're coming back in as a panelist okay it's a chair

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good afternoon mr chair members of the board alan knockamson a-l-a-n last name knockamson

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n-o-c-h-u-m-s-o-n do you swear for him to tell the truth the whole truth nothing but the truth

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i do could you identify your client their relationship to the property

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Yeah, my client is Ibika Singh, the owner of the property, and she should be in the virtual audience.

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And our vice chair has just a few questions, sir.

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Good afternoon, counsel. Do you agree to waive the written of a refusal or stipulate towards accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed 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, counsel. Please proceed and share the screen.

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Alan, did you have the proof of tax compliance?

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Yeah, you know, I realized after the fact that I forgot to put it in there, so I updated it, and I just sent it.

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All right, thank you. Appreciate it.

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You're welcome.

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Please proceed.

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I was like, come on.

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This is not our first time at the rodeo here.

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All right, so I'm here to present – I don't know why I can't go full screen mode, but that's so big – 1919 North Ariana Street.

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so from the outset my client's not a developer she owns the property next

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So, from the outset, my client's not a developer.

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She owns the property next door in 1921.

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She lives there.

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And she, you know, for safety purposes and just honestly for convenience, she owns 1919 North Ariana, and she wants to use it as non-accessory parking.

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And so, we'll go through our presentation packet.

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There you go.

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Where we'll review the notice of refusal.

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And, you know, we're here just because of this non-accessory use.

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on an RM1 property, which is undersized at 605 square feet of lot size. We'll then review the

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letter of support from the Norris Square Community Alliance, where there was overwhelming support

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within the community meeting. My client also got letters of support from the nearby neighbor,

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the one that's next to where this non-accessory parking would be, and the person most directly

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impacted, where they're in support of this project. Again, she's a neighbor, my client's a neighbor.

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you know she's lived there a few years and she just wants this non-accessory parking and we have

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a few letters to support from people across the street then we have maps of the area you know we

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have a zoning map but i don't think it matters here we're not trying to change the density of

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the property in any way we just want to show you that this is an arm one property that's undersized

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to 605 square feet and we are in the north square section of philadelphia aerial view of the

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property you'll see just in the aerial view it's hard to see but other people are using their lots

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as off-street parking not legally we're trying to do it legally and we're parking on the sidewalk

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not legally and we're trying to do this legally photographs of the property in the surrounding

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area our plans are drawing very simple like we're just showing you like there's a good turning

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radius every you know we comply in all respects uh with regards to uh parking regulations um our

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RCO meeting notice. Again, a pretty well-attended meeting. Again,

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overwhelming support. Our application for appeal that we filed

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on Ms. Singh's behalf. Her deed to the property, and most

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importantly, the certificate of tax clearance. And then at the conclusion of my

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presentation, I would ask that Ms. Singh virtually raise her hand

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and be sworn in, and now I'll have a few questions for her.

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Notice of refusal. Again, this is an RM1 property. We're trying to

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have uh non-accessory parking uh two parking spaces with a roll-up gate um and we're here

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you know for that particular purpose because this is a residential property uh letter of support

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uh from the north square community alliance as you can see support um you know for this project

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uh you know again we had overwhelming support there and then you know more importantly the

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people who are most directly impacted by this use are in full support of this use of the

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property. 1917, North Ariana. 1914, North Ariana. 1916, North Ariana. And then maps

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to the area, again, you know, we always try to give the board an idea of where we are

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in the neighborhood and what zoning classifications we're dealing with. And again, you know, we're

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between Berks and Norris, and, you know, we're on Oriana, which is between 3rd and 4th Streets

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North. And then just aerial view of the property, and you can see here that there are cars parked

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on different lots here, not legally, I suspect, but it's not out of character to have such off-street

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parking. We're trying to do it legally. And then photographs of the property, my client kind of

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jumped the gun. She found out that she couldn't just put a roll-up gate there, but there was no

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ill intentions here. And once she realized what she needed to do, you know, she hired Harman

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Deutsch, a well-known architecture firm in town. And then, you know, we're here to assist in this

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endeavor as well. But again, this is 1917. They're not against this project. And then, you know,

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this is just the only picture my client gave me was a picture of her dogs, like running around

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in this area but this is used for par and then just again the orange notice poster so everyone

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knows what's going on here and then here are pictures so left and right on north ariana

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and then our plans and drawings again very straightforward uh you know and by the way i made

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a misstatement here uh 1917 is to the right of 1919. i did the inverse facts so um but we just

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roll up into this parking spot or

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hopefully parking spot or parking spots. There's two of them.

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What we're trying to do is what many people do in this

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neighborhood, unfortunately, illegally. We met on March

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13th at 6 p.m. This is proof that we emailed that notice a few

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weeks beforehand and showed proof of mailing to

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121 addresses. These are the addresses we actually physically

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these are the addresses we actually physically mailed it to and then the proof of mailing to

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mailed it to and then the proof of mailing to those after

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those addresses our application for appeal on missing's behalf

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her deed to the property and the certificate of tax clearance as you can see i think this is the

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last time i'm going to be able to say it for at least this tax year but you know technically taxes

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are due. Well, they've chosen a rare age of 1280.82, but technically they're not due until

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April 1st. So, you know, we're cleared from a tax perspective. Ms. Singh, can you virtually

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raise your hands? Is there parking on that block, counsel? Yes, that's what I'm saying. Yes, there

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are other people who park on that block. That was their point. In the street, they can park,

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what I'm saying, are they parking in the street there? Can you park in the street? Or is that

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yeah it's a small orion is between third and fourth streets so it's a it's a it's not that

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it's not a street that you know people would pocket of course all right good thank you you're

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welcome yeah they've been allowed to speak i could you please state your name and spell for

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the court stenographer hello my name is ambika sang it's spelled a m b i k a s i n g h 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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Please proceed.

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I guess, Ms. Singh, you heard everything I had to state to that.

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Yes.

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And is it true and correct?

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Yes.

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And do you adopt this as your own testimony?

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Yes.

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Thank you.

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Mr. Chair, I just wanted to confirm.

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I did look at the pictures when just confirmed what I stated was correct.

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There is no parking.

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That's true.

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That's right.

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Okay, thank you.

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questions from the board no mr chairman questions or comments from our attorney

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ryan mcsherey no mr chairman questions or comments from the virtual audience

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i don't see any further hands mr chair hi planning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the existing rm1 multi-family residential

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at this location we feel the applicant has failed to demonstrate a hardship that would prevent the

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property from being used in conformance with the code accordingly the planning commission recommends

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the board deny the variance thank you mi2023 006621 1919 north oriana street i vote yes

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Thomas Holloman, my vote is yes

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James Snell, my vote is yes

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Ishmael Shahid, my vote is yes

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Thank you, counsel

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Number six, MI 2023

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005047, 209 West Chestnut Hill Avenue

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Adam Laver is the attorney for the owner

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David Feynman is also, should be

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will swear David Feynman into. He represents

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Protestants. There's a letter of support

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from the Chestnut Hill Community Association with a

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proviso. There's a letter of support from the Chestnut Hill

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Business District. The applicant provided 10 letters of

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support from neighbors, along with four form letters of

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non-opposition. Chestnut Hill Landmarks

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provided a petition and letters in opposition.

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Mr. Laver, could you state your name

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and spell it for the court stenographer?

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Good afternoon, Chairman Bergman and members of the board.

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Adam Laver, L.A. V.S. and Victor, E.R., Blank Rome, 1 Logan Square.

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Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, Mr. Chairman, I do.

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Could you identify your client, a relationship to this property?

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Certainly.

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Blank Rome represents Greylock Development Partners, LP,

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the owner of 209 West Chestnut Hill Avenue, the subject property. With us today is its managing

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member, Lavi Schenkman. Okay. Our vice chair has just a few questions. Thank you. Good afternoon,

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counsel. Do you agree to leave the reading of the refusal or stipulate to its accuracy?

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Good afternoon, Mr. Vice Chairman. Yes, I do. Thank you. I'll have you emailed them all the

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