civus
Hearing video

ZBA Hearing - December 3, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Dec 3, 20257h 18m

Yeah, sure, sure.

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Basically, you looked at the refusals, Mike, is that correct?

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And the second refusal is the proposed non-accessory outdoor sign is prohibited within 660 feet of all ingress or egress ramps.

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Yes, sir.

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Okay.

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Is it your professional opinion?

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In your professional opinion, what is the intent of that ordinance, 14905?

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Yes. It's my professional opinion that that ordinance adopts the distance from PennDOT typically, which is 660 feet. It's the same distance and it prohibits signs from I-95 egress and ingress points.

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Um, in, in, if I may refer to, uh, the aerial exhibit that I had here, uh, which is exhibit 16. Um, this is a little bit of a different case, uh, in that, that restriction, which is tied to PennDOT's restriction, which is also 660 feet, um, is really to accommodate transition of speeds from high

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lanes of traffic to lower lanes and local roads. In this particular condition the drivers have

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egressed from those higher speeds by 95 and are traveling along this ramp as I mentioned 3200 feet

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or six tenths of a mile at 25 miles an hour all the while passing existing signs which are

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at 25 miles an hour all the while passing existing signs which are most larger than the one that's

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proposed they've had time to decelerate and they've already made up their decision six

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tenths of a mile in advance of egressing off of packer avenue so as i showed those photos they

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they go along and when they get off of that ramp from 25 miles an hour the posted speed limit on

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Packer Avenue is 30 miles an hour. So they're already traveling at a comparable speed and have

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an adequate amount of time in this ramp to transition over into the Packer Avenue traffic.

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And I would contend that at this point, this ramp already is part of the local traffic. You can't

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make any decisions to get off at different points. And you're traveling at like speeds of that local

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road, and you have adequate time

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to transition from that ramp

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to the three lanes of traffic

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that are heading west on Packer.

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Mike, can you go back to 18 real quick?

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Yes, sir.

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All right. And picture

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two.

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Mr. DeFino, tell me what

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because we spent a lot of time looking at this.

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So tell me what this thing is.

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No, no. Tell me what it means.

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He's saying where you turn, where he turns,

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he's going to go to Packer Avenue

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where it's only 30 miles an hour, so he's going

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slower is that what he's saying in other words he's going six tenths of a mile down a ramp doing

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25 miles an hour right and we're saying that this refusal applies to i-95 the main road where

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if you look at two blow that up mike that's coming off i-95 south so that's a major deceleration

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that's what we were just pointing out so this ramp goes on for another six tenths of a mile

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So when you're coming off, you're doing about 25 miles an hour.

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So it's not a major distraction.

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That's all we were pointing at.

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All right.

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I'll rush down, I think.

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And when you went past there, you're seeing different – you go over to have a sign there before you even –

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There's many signs in the area.

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Okay.

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All right.

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Do you want to have your client come on and adopt your testimony?

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Yeah, sure.

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Sure.

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Joe, you out there

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somewhere?

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Joe Felici

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out there?

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Yes, he's been promoted to penalties. He'll be coming

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back in shortly, Calvin.

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Joe?

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Mr. DeFino, did you go to the RCO meeting?

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Yes, I did.

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And how did that?

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Tell us how that went.

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It went excellent.

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There was no opposition whatsoever.

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They were fine.

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all right joe yes joe you heard my testimony joe please do me a favor yes i did you please

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yes listen to me joe listen to me sorry i'm sorry state your name and spell for the sonographer

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sure my name is joseph j-o-s-e-p-h middle initial a felici f-e-l-i-c-i right do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Please proceed, counsel.

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Joe, you heard my testimony today, Mike's testimony today.

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Do you believe it to be true?

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Do you believe it to be true and accurate

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and accept it as your own testimony?

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Yes, I do.

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All right, questions from the board.

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Questions from the board.

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I have no question.

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I think you're pretty thorough.

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questions or comments from our attorney

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no not at this time Mr. Chair

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for me okay questions or comments from the

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RCOs

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do not see any hands Mr. Chair

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questions from the district council persons representative

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no hands sir

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anyone else

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i do not see any further answer planning commission amy boyd with the planning

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commission the comprehensive plan recommends no change in zoning from the existing i2

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medium industrial the appellant has not demonstrated that there are unique physical

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conditions or circumstances of the property that would prevent it from being used in conformance

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with the zoning code the planning commission recommends that the board deny their requested

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variance for side location, height, and size. Thank you. MI 2025, 004-386-300 Packer Avenue.

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MI 2025-004-386-300-Packer Avenue, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is no.

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Tannetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Iowyn, my vote is yes.

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Thank you, Counselor, you have your votes.

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Thank you.

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Sure.

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Have a great day.

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All right.

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Thank you.

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Number eight, MI 2025-004-388-421-North Preston Street.

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Gabriel Fellas is the attorney.

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There's unanimous support from West Palton Saunders Park RCO

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and a letter from Councilmember Gauthier's office indicating, oh, we still have that.

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applicant provided also a petition of support from 41 signatures from neighbors on the block

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good afternoon chair good afternoon counsel could you please state your name and spell

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My name is Gabriel Fellis, G-A-B-R-I-E-L.

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My name is Fellis, F as in Frank, E-L-L-U-S.

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

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My client is Wes Palatin Exchange Group LLC, which is the owner of the property.

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Shirley Eisen is the representative of the entity that's here today in the virtual audience.

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Okay.

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Our vice chair has a few questions for you, sir.

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Good afternoon. Have you submitted your documents five days in advance of this hearing?

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I submitted all the documents, but last night or earlier this morning, I submitted a few more interior photos requested by Ms. Jeffries.

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Okay, thank you. And do you waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Thank you. You can proceed with your case on your screen.

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let's see the table contents yes we do sir great thank you chair uh so we're here seeking today

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approve uh approval for the use of the subject property as a multi-family dwelling uh with four

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residential units in the existing structure uh the property is zoned uh rsa5 which expressly

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prohibits multi-family living uh the property was purchased by the the applicant in may of this year

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Before the current owner took possession, the most recent use of the property was as a church.

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So here we have our proposed floor plans.

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The property in its current condition is a three-story property with a basement.

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The proposed layout would have two one-bedroom, one-bathroom units on the first floor and then a two-bedroom, one-bathroom unit on both the second and third floors.

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Each unit has their own entrance and there will be no basement living.

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The architect who prepared these plans, Otani Green, is also on this call. He'll be able to

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walk you through these plans in more detail if the board has any questions at the end of the

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presentation. So here we have some interior photos of the property. Get a little closer for you.

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So, as you can see here, it's essentially in shell condition right now, so extensive

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renovations are going to be required, but the other plans do not propose any material

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external or exterior alterations so here we have some street views of the property on Preston

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street this is our zoning map again the property is zoned rsa5 but as we'll see in just a bit

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use as a multi-family property is actually in character with the surrounding neighborhood

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it's actually very common on the immediate blocks as well

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this is the new deed to the property showing the applicant taking title to the property in may

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So now turning to our community outreach efforts, this is the community notice letter that was sent on September 22nd.

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We then met with the West Powhatan Saunders Park RCO on October 9th on Zoom, where we received their unanimous letter of support.

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This is that letter here.

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The owner also, as the chair explained, the owner also spoke with nearby neighbors who

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were not present at the virtual RCO and gathered 41 signatures of support from them.

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and gathered 41 signatures of support from them so as i mentioned previously even though the block

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is primarily zoned rsa5 uses of multi-family is actually quite common on the block and is very

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much in character with the surrounding area we included here a list of nearby properties

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that have previously been issued use variances and rental licenses for multi-family properties

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with the same RSA 5 zoning designation that you can see here the majority of the properties on

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the immediate block and on Bering Street having granted variances for multifamily use in the past

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here we have our application for appeal

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and our project information form

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and here we have our certificates of mailing for the RCO meeting notification letters that we sent

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out to the neighbors on september 22nd lastly this is our statement showing real estate tax

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compliance and zba posters notifying the community of this hearing here today

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so with that i'd like to bring on both shirley eisen and otani green to adopt my testimony

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and otani can answer any more specific questions about the floor plans you might have and this

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eisen can answer any questions about um her proposed plans for the property so that's the

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architect you're bringing on gabriel so um i'll bring on uh mrs shirley eisen she's the owner

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and then he's gonna walk us through the plans no no so the the attorney i'm sorry why don't you do

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this why don't you bring the architect first walk through the plans and then have the great

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so the architect is otani green he should be in the virtual audience

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what's the architect's name again

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Otani Green

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Otani Green coming back in

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as a panelist not sure

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sure thank you very much Ian

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you're going to need to accept the promotion to panelists and then come back in serious

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screen thank you he hasn't mentioned it out here okay hello hi hello tony please could you please

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state could you please state your name and spell it for the stenographer sure it's otaney green

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o-t-a-n-i-e-g-r-e-e-n you swear or affirm to tell the truth the whole truth nothing but the truth

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i do could you turn your video on sure

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proceed counsel hey tony so i have your uh floor plans up on my screen can you see that now

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uh yes great um so i just wanted to open up to any questions that the board might have and if

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you want to walk through a little more uh in detail let him walk through the plans now okay

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I'll let you have at it

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and let me know if you need me to zoom in on any specific parts, okay?

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Sure. It's perfect right where you have it, actually.

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Can everyone hear me? Yes.

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The basement space will be used for laundromats.

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We had a request by the neighbors

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that they wanted to store trash on the inside, so it'll be a vented trash room

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and utilities in the basement on the first floor we have two bedroom two one bedroom apartments

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one entering from the side entrance in the in the rear of the building which is already an

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existing door and the first one and the second one entering from the front of the building

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second floor will have a two-bedroom apartment and the third floor will also have a two-bedroom

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apartment we'll be taking out the existing staircase because they we had to make them

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wider to accommodate the uh the new use we'll be fire rating two-hour fire rating two-hour

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firing fire rating between each apartment and each floor the building will be sprinkled

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well well mr green you want to want to talk about that first floor you have two units there

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is that what you're saying yes sir two one bedrooms why don't you try to explain that to

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to us i mean it looks it looks like it'll be a little tight but why don't you give us a sense

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us i mean it looks it looks like it'll be a little tight but one of you give us a sense sure

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sure uh okay sure uh so let's focus on our rear apartment it will be bedroom the bedroom will be

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