civus
Hearing video

ZBA Hearing - April 22, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 22, 20267h 16m

the zoning board to be true and correct and adopt it as your own testimony yes thank you

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questions from the board

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question uh what are we going to do about the uh trash so so in the back of these properties

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there's actually a access way um all the commercial units on this block essentially

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have their trash in the back uh backyard area and the trash truck pulls off to the one of the side

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street then they come through the back alley and pull all the trash out through there it's

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a commercial pickup okay thank you thank you other questions questions from our attorney

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Yes, Lynn Riedelhuber. I just wanted to confirm, are you using the, just the first floor in the basement with regard to the takeout restaurant?

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Yes.

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And the second and third floor will remain as a, I believe, existing apartments?

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Correct.

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Questions or comments from the audience?

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Virtual?

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No hands, Chair.

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planning commission good morning again jonathan goins planning commission staff

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this property was remapped from commercial mixed use 3 cmx 3 to commercial mixed use 2 in 2014.

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the proposed use should not cause detrimental impacts to the neighborhood beyond what normally

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might be expected therefore the city planning commission recommends that the board grant

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the special exception for takeout restaurant.

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Thank you.

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MI 2025-003-564-4941, Frankfurt Avenue, I vote yes with proviso.

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Takeout restaurant use limit to first floor and basement

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with previously approved uses above to remain.

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Michael Johns, my vote is yes with proviso.

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cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso

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ryan mcadams my vote is yes with proviso hi i win my vote is yes with proviso thank you thank you

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council number six mi 2025 003 573 1828 mcclellan street raymond de rizio is the attorney

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Thank you.

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Raymond Dorizio has been promoted

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good morning council good morning Mr. Chair and members of the board

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

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Yes, my name is Raymond Dorizio, R-A-Y-M-O-N-D, Dorizio, D-O-R-I-Z-I-O.

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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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Yes.

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Could you identify your client in relationship to the property?

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Yes, my client is James DeSimone, the owner.

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Our vice chair has a few questions, and for point of information, we're going to hold this relative to a tax issue?

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Yes.

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Okay, thank you.

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all right good morning have you submitted your documents and exhibits five days in advance of

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this hearing yes and a couple supplemental exhibits thereafter okay and do you waive

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the read another refusal and stipulate to its accuracy yes i do all right all right thank you

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can show your screen and proceed with the case thank you so i will pull this up

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okay good morning this is at 1828 mcclellan street um my client is seeking to um

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build, it's a vacant lot right now, build a two-family unit. It's an RM1 zoning district.

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Here's the refusal. The refusal was for the allowable occupied area. He's looking for

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roughly an extra four and a half or so percent usage. And then the third story setback was

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refused for that reason here's my appeal form we oh here's the deed I'm sorry so

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the deed is is 1800 McClellan LLC here are the plans so essentially when my

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client is seeking doing we have met with the community there were two meetings

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that we had he's essentially uh seeking to do i guess it's like the uh mansard roof so there is

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sort of a setback but it doesn't go the full eight feet on the back which is regarding the um

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occupied area there are two uh i guess uh decks outside that have access to the unit

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The unit would be basement and first floor and then the second and third floor as the living space.

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My client is going to reside in one of the units.

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He resides in the neighborhood currently.

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He's a lifelong resident of Point Breeze, so he will be occupying it.

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And he has set forth an email to the community certifying that he would be doing that.

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essentially trash should be kept inside the unit, utilities in each unit. Each unit would be two

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bedrooms. I can't believe I can turn this. I have some photos of the street. That's the property.

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There's a vacant lot. It's a vacant lot currently. I'm sorry, they're a little dark.

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So McClellan Street's a little street. Sorry about that one. So this is one of the houses

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across the street does have the setback. And then there's one to the right of that that does not have

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the setback. So there are two, I guess, new construction or new properties that are third

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floor properties. One, I guess, one with, one without. We're kind of in the middle there

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with the mansard roof. My client did post the zoning poster at the property on that stake.

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tax issue originally and why I say I didn't have the correct certification this was for the

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permanent license that my client forwarded to me he's currently he has an OPA appeal because he's

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getting I think his issue was he was getting taxed as if there was a building there but there isn't

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so that is in dispute and he does have a current open appeal he was at least clear for the permanent

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the licensing that is our meeting um notice and then we have the um proof of mailings which are

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several uh that go back um but that is essentially what we are tell us what happened at the rco meeting

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yeah the rco meeting we met them in july and originally my client was not proposing

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a setback and the community um you know voiced concern and said look you know going straight up

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like that other property to the right in the one photo you know really wasn't something they were

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willing to agree to so my client uh went back and um revised this plan to do the setback to to at

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um revised this plan to do the setback to to at least um address those concerns and then we had a second meeting i believe it was march mid-march

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um march 23rd yes we had a we had a march 23rd meeting and uh presented this plan

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could you bring on your client yes this would be the third third story building

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yes there are two others up that street correct please bring your client on

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okay uh mr de simone do you hear us can you please uh come on and unmute yourself

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uh mr de simone can you raise your virtual hand if you're an audience

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and i see no hands you have to tap the screen mr de simoni you'll see the hand raise i see them

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thank you they're coming in as a panelist now thank you very much you're welcome

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Okay, Mr. de Simone. Hey, good morning. Sorry. I don't know how to work. This is my first

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time okay okay uh could you please state your name is spelled for the stenographer

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james de simone and that's j-a-m-e-s d-e-s-i-m-o-n-e right do you swear or affirm to tell the truth

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the whole truth nothing but the truth yes sir um council uh please proceed and uh yeah when when

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you're doing could you mention basement what's in there and how this place is laid out yes okay mr

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de simone did you hear my test my testimony uh to the board uh yes and was it true and accurate to

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the best of your uh knowledge uh yeah believe yes and do you wish to adapt that as your own

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um yeah the only thing i'd like to just you know uh say well i'm going to ask you to add but okay

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what i said oh yeah adopt that as part of you of your testimony yes okay so chairman had a question

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for you about the first floor the basement the use can you please explain that um so the basement

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and the first floor will be one unit um which giving me the four percent increase in the size

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of building if we can get it will allow me to do my indoor trash and have a two-bedroom unit and

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you know space for everything and then the second floor and the third floor will be the second unit

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which will be another two bedroom if we get the approval for the mansard roof okay and then there

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was something you wanted to add after i asked you if you were adopting my presentation as your

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testimony oh yeah i just wanted to clarify a few things um because i know we had this question come

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up a lot so uh when you didn't say it i don't know if we were going to get to it maybe i'm jumping

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the gun i just wanted to add that the four percent increase that we were asking for was to accommodate

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all indoor trash and allow us to have the square footage for the two two-bedroom units.

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Also, some neighbors had the question, and I don't know if this is going to come up again,

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but so we can clarify. They were going to ask if the back of our house was going to extend past

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the backs of other houses. And with the 4% increase, it does not because their houses

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have an overhang. So we are meeting the overhang. So the backs of the houses will be squared up.

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they'll be flush you know if you were to look down a straight line let's just say and then um

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the mansard roof um again we went for the straight up the first time they didn't like that idea and

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the rco meeting not only just the community i guess whoever runs it they were the ones that

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asked us to well pitched us the idea for the mansard roof and when we presented that at the

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last meeting everybody was okay with it so that's really all i wanted to add okay thank you mr de

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simone i have nothing further so why don't you do this why don't you tell him tell him he needs to

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explain what's in the basement oh okay i'm sorry mr d simone what will be in the basement can you

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go back to the floor plan too so yeah can you just ray can you switch that over so i could see it

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myself um so the basement itself should just consist of the kitchen the utility room um

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um now i know we had some some flip-flop in here so i'm a little confused myself because we had the

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when we read advised the plans we had to move uh some things around to make it work as far as

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square footage and space and just make it you know usable um but the basement should be the kitchen

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well that's what i wanted but the architect i think was proposing the kitchen still be on the

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Well, that's what I wanted. But the architect, I think, was proposing the kitchen still be on the first floor. So I don't know which way he designed it, but he left it as is. So on these plans, I think it's going to show you kitchen on the first. But as of right now, basements should just consist of utilities, washer, dryer. I don't know if we're flip-flopping, again, trash storage from basement to first or first to basement. You'll have your egress. You'll have a basement. You'll have a bathroom.

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so raymond council i i i do think that we we just can't say i don't know or i don't know

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no right right so i think i think these are these are the plans yeah that's not what he's saying

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i just didn't want to say the wrong thing because i know he he he redrew the plans after the first

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drawing so what were proposed though the plans that we attached yes it should be living space

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in the basement and the kitchen was moved to the first floor so is uh is there any bedrooms in the

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basement yes oh okay all right yes there's one towards the back where the egress would be um

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one there's one front so these are the plans the the bathroom two bedrooms would be up

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it's actually a one and a half bathroom

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all right questions on the board so um go ahead go ahead mike no i was good i'm going to just

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want to be clear uh what the refusals are for for this yeah um space right yes so the maximum

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square footage was 75 percent and go ahead right i'm sorry go ahead no let me i'm getting there

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sorry

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so it's lot coverage lot coverage yes and then the eight eight foot setback for the

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and the eight foot setback and so what about nothing for the height are you less than 38 feet

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yes that's by by and this is this is rm1 yes it is it's an arm which is which is which is

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interesting because um i'm looking at this block and they're even the new construction they're all

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single family there are no two family dwellings on this block this would be the first duplex on

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this block so i'm just surprised that people weren't um had issues with that um the one concern

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of course that i have and generally always do is the living in the basement and the depth of the

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basement slab below grade can you tell us what that is yes that is i'm going to go back to the

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drawing and the plans and the plans show bedrooms in the basement right yes too so this is the

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drawing um for the basement and the blue grade uh let me get the number i'm sorry i don't have

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that handy i have it right here uh the actual picture right because i know the

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Do you know the number that you can let the board know? I'm sorry.

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I'm looking at it from a side view to get the depth.

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It looks like it is.

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It looks like we're.

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I don't know how you would judge this.

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Like if we go from grade below grade or into the ceiling.

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So below grade, it looks like we're roughly six feet, five to six feet.

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yeah because then we're the house the house the first floor choices are above grade

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so that's roughly an extra judging by what i see two to three feet so i'm assuming the whole total

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is roughly eight foot so you're fairly deep below grade which is which is concerning particularly

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for bedrooms i think it's just five foot is below the grade i'm sorry it should be five foot below

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for aid all right thank you yep I want to double down I think for this to be a new construction

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I think for the amount of space that you have here I think to only have egress wells into the

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basement and to have the primary bedrooms for that unit be down there like this was an opportunity

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since you're building new construction that you could have dug out and had a walkout basement and

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had more light and more windows that allowed you know air and light into that space so I would look

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at that and then uh my second question is that a a spiral staircase um the spiral two staircases

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in the basement and i i think maybe that's because of this from like an aerial view but the only

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spiral staircases should be in the second unit which is from the third floor to the roof deck

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to save space okay yeah every the main the main comment i have is really around that first

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Yeah, the main, the main comment I have is really around that 1st floor basement egress wells. I think, yes, you did the egress wells, but I think that it is.

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You have an opportunity to actually make those a little better quality.

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Can you just tell me what happened at the meeting?

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yes the primary issue was the setback um and that was the one in july the first one where my client

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did not propose any setback and then we had another meeting and it was last month where

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the proposal was prevented presented with the mansard room

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and there was no other issues um in terms of um multi-family or anything like that that came up

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none that none that i'm aware of okay other questions questions or comments from our attorney

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none at this time but with regard to the hold yeah i should talk about that yeah the tax i

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yeah go ahead one of you two yeah uh we're going to hold it for the tax compliance and also for

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the rco letter in the applicant's response to the rco questions or comments from the uh virtual

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okay we and just to just to but i didn't get a copy of the rco letter so i have no idea what it

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says i wasn't out forwarded to me so we don't have an rco letter no we don't we don't have an rco

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letter that's what i'm saying okay i'm sorry i missed her yeah i i questions there are comments

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from the audience yes sir um i have dominic long with a hand up we have someone here right now

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okay we're wanting to sit down first good morning

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a-l-b-e-r-t-l-i-t-t-l-e-p-a-g-e i'm the president of the point breeze community

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

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i do absolutely excuse me chair this is the reporter i'm sorry i did not catch the gentleman's

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My first name is Albert, A-L-B-E-R-T, like Fat Albert, and my last name is Little Page, L-I-T-T-L-E-P-A-G-E.

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I would have said, like, Einstein.

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I wanted to reflect to the cartoon.

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See, I was kind of aging myself.

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I didn't want to go back to your age, Chairman.

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Go ahead.

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Go ahead.

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And I believe that the council person's office is on. I'm not sure why we haven't sent a,

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because we were in contact with Mr. DeRusso, but we didn't send a letter out. But what we were

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asking for today is to bring this back to the community one more time to address some of the

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issues that were brought forth this morning. And I believe that the council person, Dominic,

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from the councilman's office is online. And that's why I was just trying to hold up because I didn't

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had that he had known yet all right thank you comments from the virtual audience yes dominic

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long will be coming in as a panelist good morning sir good morning could you please state your name

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yes uh dominic d-o-m-i-n-i-c last name wrong l-o-n-g

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you swear or affirm to tell the truth the whole truth nothing but the truth yes please proceed

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so i'm here representing the district office and we are just simply requesting

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