civus
Hearing video

ZBA Hearing - February 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 17, 20215h 2m

Takeout restaurant, like I said, with grocery in the front of the store and hair braiding in the

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rear. My client is an immigrant from Africa and he would like to be able to provide his native

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food to the community. We're only refused for the multiple principal uses in the building. We're not

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really refused for any other reason. So with that, we're going to zoom out a little bit.

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it's a corner property like i said and then we have

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um we have the entrance it's corner entrance uh there is a kitchen and this is just takeout

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strictly with the grocery store there's an entrance here that takes you the side entrance

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that takes you to the living quarters up above and then there's a rear

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building which is now a garage for the proposed hair braiding. This again would be part of

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my client's family doing this. I'm going to pull out so you can see exterior rendering.

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This is the photo of 2601 and 2603.

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This is the side entrance.

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Here's the corner for the restaurant grocery store.

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This door goes to the living quarters.

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There's interior space.

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We have a deed.

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We have additional photos.

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We had several RCO meetings, 135 pieces of mail.

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mailed at the last one. I have a tax cert here.

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Here's the flyer that went out. It's a two-page flyer.

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And it's my understanding. I just received an RCO letter last night where they're asking for

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commercial trash pickup and a detailed litter removal plan, which my client would agree to,

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and he'll put it in writing and give it to the RCO. With that, I'm going to ask my

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client to raise his hand so that he could be identified. Mohamed Sanan.

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Mr. Sanan, you've been unmuted. Please wait for the chair.

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good morning sir uh good morning sir please please identify yourself spell your first and

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Good morning, sir.

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last name my name is Mohammed Ali Sanan

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could you help us spell his name for us please yeah sure it's uh Sanan is s-a-n-o-n

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first name Mohammed you swear and affirm to tell the truth the whole truth nothing but the truth

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Yes, I do.

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Please proceed, Mr. Chairman.

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Thank you, Mr. Chairman.

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Mohamed, did you hear my presentation to the board today?

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Yes, sir.

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Okay.

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And is it true and accurate to the best of your knowledge?

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Yes, sir.

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And then you and your family will be operating the grocery store and takeout restaurant,

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as well as the hair braiding salon in the rear of the property.

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Is that correct?

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Yes, sir.

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Thank you very much.

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Hours of operation, Mohamed?

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Yes, for the grocery, it's going to be 8 to 6 p.m., and that's going to be Monday to Saturday,

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and breading, that's going to be Tuesday to Sunday. That hour is going to be 8 to 5.

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very well um you'll be putting in exterior lighting and video surveillance around the

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property as well for safety is that correct absolutely and you'll also you'll be doing a

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commercial trash pickup yes sir and you understand that the rco is requesting a detailed litter

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removal uh program and you're and you're going to be working with your council to put that together

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and provide it to the RCO is that correct yes sir very well Mr. Chairman I have nothing else

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could you uh go back uh the picture the photographs of the side view of the property yes sir

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hold on

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okay could you show that do you said there was a garage there there is

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oh oh it's beyond it's left of what we're looking at now that's correct

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okay and he couldn't see it in the photograph all right yep all right uh

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very good your client mentioned hours of up hours and days of operation were they provisos that he

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agreed to with the community no uh okay at least based on my recollection the primary the primary

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proviso was uh commercial trash and the litter program they want to make sure that these to-go

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containers don't end up on the sidewalks i think they also wanted him to put a sticker on his

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container so they know if it's his stuff or not we we agree i know that's not enforceable that's

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why i didn't bring it up okay all right um excuse me this is sharon saletta we do have an email

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from craig melodoshin that does state hours of operation and his applicant agrees to be bound

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the hours of operation I'm sorry shall be do you want me to read these out it's rather detailed

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yes please and they'll make that part of the record

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the restaurant 8 a.m to 8 p.m Monday through Saturday during the summer

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8 a.m to 6 p.m Monday through Saturday again it says during the summer but I assume they meant

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to write during the winter braiding salon 8 a.m to 6 p.m tuesday through saturday year round

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so that's more generous than we we put on so that's that's fine why i asked and commercial

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trash pickup yes is that right i'm not seeing that we'll put we'll make that a proviso anyway

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i think craig is here as well from the rco okay all right um

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all right i'm sorry verne did you ask your client if he adopted your testimony

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i did i think i did muhammad you adopt my presentation as your own is that correct

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i think i did yeah yes okay thank you all right uh anyone uh any questions from the board no

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

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craig you've been unmuted please wait for the chair

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Good morning, Mr. Melodosian. Please identify yourself with a record and I'll swear you in.

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Craig, C-R-A-I-G, Melodosian, M-E-L-I-D-O-S-I-A-N, Ward 40, Republican RCO, Coordinating RCO, P.O. Box 33355, Philadelphia, 19142.

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Craig, C-R-A-I-G, Melodosian, M-E-L-I-D-O-N.

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You swear and affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Okay, I just wanted to elaborate.

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Craig, you're breaking up.

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We're not hearing you.

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Mr. Melodosian?

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You seem to have lost Craig.

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Give him another hand.

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All right, okay.

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Can you hear me now? Yes, we can. I'm not sure what happened. In the proviso letter we sent,

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we referred to Section 146036 for takeout restaurants, including comprehensive litter

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cleanup plan, hours of operation, and branding of a disposable food and beverage containers.

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Applicant must submit a litter cleanup plan that addresses on- and off-site litter cleanup,

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the location of trash and recycling containers, a litter cleanup schedule, and a map of the

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off-site cleanup area. The hours of operation wanted to correct 8 a.m. to 8 p.m. Monday through

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Friday, Saturday on the summer, and that's 8 a.m. to 6 p.m. Monday through Saturday during the

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winter. The hair braiding salon is 8 a.m. to 6 p.m. Tuesday through Sunday. The premises will be

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posted that there may be no consumption of foods or beverages on or about the public right-of-way

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adjacent to the principal building and the name and addresses of the establishment be printed

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on all disposable food and beverage containers further applicant agrees to apply for two loading

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zones in front of subject premises one on 61st street and one on grays avenue the requested

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hours will be 8 a.m. to 8 p.m. Monday through Sunday. All parties agree the Department of

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Streets is the determining authority as to the granting of the number and location of applied

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four zones. I also wanted to indicate that there has been a long time use of this establishment

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as a food preparation area. And in fact, this is a legalization and moving it from the rear of the

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front in terms of the community or the specific neighborhood. It's the old-time niche neighborhood

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that was the St. Loretto Italian Catholic Church school and a block away. It also includes the

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former Campos Deli a block away. So we believe that this use will be a reemergence of what was

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there previously just with it a different ethnic base uh the rcos are in support of it

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uh and we leave it at that thank you thank you uh anyone else would like to testify in this case

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i see no handshare thank you planning commission

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Good morning. Brian Wenrick, Planning Commission.

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This property is indicated for multifamily use on the comprehensive plan with existing

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commercial uses. We feel that these uses do not pose any negative impacts to the surrounding area.

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Accordingly, we have no objection to the granting of the variance.

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Thank you. Sharon, I'm going to ask a question. Since I don't have the proviso list in front of

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me, could we adopt Mr. Melodosian's testimony as a proviso for those? No. No, we can't do that.

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Okay. I thought so. You can do hours of operation. Well, I meant to say only those that are

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enforceable. Hours of operation, days of operation, commercial trash pickup. Yes.

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and and i mean the labeling of containers and all uh we're getting a lot of feedback again

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um i can ask mr malajosa would it be enough to include a proviso stating applicant to be bound

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by requirements of section 14 603 subsection 6 regarding takeout restaurants

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in addition to the hours of operation and commercial trash pickup

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Yes, that's what we were asking. In fact, I excerpted that and put it into the proviso letter. We also we had previous complaints at another community meeting.

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We also, we had previous complaints at another community meeting about the parking issues.

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So our belief was by asking the applicant to apply for the loading zone spaces, that that was a good faith effort to placate community concerns.

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Actually, we don't believe the parking problems are due to him.

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We have commercial garages across the street, but that's why we put in the parking issue.

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there were we've had actually two meetings on this this started back in 2019 and some of the

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immediate residents were were upset about the parking issue okay um perhaps Mr. Anastasio could

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agree to do that on the record I don't think it can be added as a provide so my client has

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sorry yes and as far as posting the signs with um asking that there be no food consumption in or

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near the premises or near the premises. I'm concerned that those kinds of signs might

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themselves require a zoning application. So I don't believe that can be added as a proviso.

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Mr. Anastasio, do you have any objection to a reference to the code section?

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Absolutely not. I think it's easier that way. And for the record, my client does agree to

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up at least apply for uh the loading zones uh one on each side of the of this of the property

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also with the understanding that it'll ultimately be up to the streets department

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um chair would you like me to read those well when you're voting i would be glad to read the

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provisos into the record if you'd like yes and we're ready to vote so my vote is yes with the

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provisos that our attorney Ms. Saleta will be reading into the record. My vote is yes with

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proviso that Ms. Saleta will be reading into the record. Yes with proviso. Yes with proviso.

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And the provisos are applicants shall be bound by requirements of section 14-16036 regarding

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takeout restaurants. Hours of operation 8 a.m. to 8 p.m. Monday through Saturday for the restaurant.

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Hours of operation 8 a.m. to 8 p.m. Monday through Saturday summer, 8 a.m. to 6 p.m. Monday through

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Saturday winter for the braiding salon 8 a.m. to 6 p.m. Tuesday through Sunday year round

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and commercial trash pickup. Thank you all. Thank you.

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Thank you. And those up Frank you muted yourself. Keep going and it goes back off. Those provisors

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that have just been read into the record by Ms. Saleta reference MI 2020-002-473-2401

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South 61st Street. Thank you all.

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Ms. Tenere, you're muted.

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Carol, go to number 6. I keep forgetting to

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unmute myself. Calendar number 2621

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2558 Collins Street.

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Excuse me, before we go on, can I just say, Ms. Tenere, I think

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that it might be your device for some reason that is causing the

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echo um when other people do you don't have anything different than usual no have anything

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else on that any other devices no everything's all i mean no the construction work going on in

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the next unit that's what it is time to move no it's not do you know what i i'm downstairs frank

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please pay attention in the boardroom eight floors down away from that

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all right uh collins avenue 2558 collings avenue i did call that does anyone

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is there anyone here for 2558 collins street yes here mr currigan please identify yourself

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for the record and we'll swear yes good morning uh joseph kerrigan uh id number six nine seven

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five four spell your last name please

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please spell your last name sir you're muted

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k-e-r-r-i-g-a-n

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Carol?

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Do you swear to tell the whole truth?

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Do you swear to tell the whole truth and nothing about the truth?

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Yes, I do.

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Do you also agree to wait the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing?

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

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Yes, I do.

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Thank you. You may proceed.

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Thank you. 2558 is an 11-foot-wide vacant lot.

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We were seeking a variance for two non-accessory surface-level parking spots on the property.

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Mr. Currigan, excuse the interruption. Do you have any exhibits you can share with us?

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Yes, I do.

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Hold on, please.

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Okay.

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So we saw it, as I said,

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two non-accessory surface parking spots it was denied because it's an RSA 5 zone

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we had a meeting with the RCO on a week ago on February 10th as the RCO said that it was a

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well-publicized meeting we had a question and answer session with the neighborhood association

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and the votes were nine in favor six opposed the um the rco is not opposing it

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mr the applicant mr valensky and miss mazzy reside on the pro at the property next door at

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2556, and they also own the property on the other side, which is 2560 Collins Street.

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They maintain the lot. I'm looking for the photos, excuse me. They maintain the lot.

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They have it fenced. It's a gravel lot. Here's the plans. They reside here.

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This is the, it's for two parking spots.

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This is the fenced off lot.

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This is looking at it from Collins Street, looking into the property.

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As you can see, it's a little dark, but it's gravel on the surface there.

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And that's looking out from the back, or looking into the back.

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And that's looking out on the Collins Street.

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Mr. Currigan, I believe you said there's a letter from the East Kensington neighbors.

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Councilman Squillow sent a letter of non-opposition, but he's referring to that letter.

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Is there anything of importance in that letter that we need for the record?

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