civus
Hearing video

ZBA Hearing - December 3, 2025

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

at the tenant wall the you enter in the restroom is on the far far wall and the kitchen will be

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on the rear wall. We'll both have windows to the bedroom for egress and also three more windows in

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the open area where the kitchen and the living space is. In the front apartment, the bedroom is

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also on the tenant wall and shared wall between the two units. And there's a restroom, a kitchen

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and a living space on that first floor will also have the entrance up to the second floor

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and the staircase with a hallway leading into the basement

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okay questions from the board i would argue that that front unit one bedroom is not a kitchen and

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a living space it's a kitchen that's it that's not there's nowhere to put chairs tables sofa

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a TV. It's a walkway and a kitchen. So I think

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that's not a legitimate unit.

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The unit in the back is probably much better.

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I like the fact that you have trash stored

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within the unit because if

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you go back to the plant, go back to the pictures of the

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elevation of the street, all these multifamily

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units on that block all you see are trash cans in front of those units the whole block is littered

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with trash cans in front of the units we've got to do better developers and planners that are

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building these places or rehab these places to make sure that they do something about these

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trash cans because it makes the city look horrible so i appreciate that you're doing trash cans

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storage in the basement and are vented that's a positive but that first floor front unit is not

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really a good unit doesn't work i would like to double down and say that the first floor real

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unit is not really a great unit either because the kitchen isn't there's not a lot of space in

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the kitchen it's really tight i question why this needed to be a four bedroom and not have a single

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bedroom on the first floor i also feel like because that had a separate entrance and you've

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got the sidewall, this was an opportunity to easily get a wheelchair accessible unit

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on the first floor. So I do feel like knowing that that's a need in the city, this was a

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place where it was pretty low barrier to get something that was fully accessible on that

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first floor. Other questions? Gabriel, why don't you have your client adopt your testimony?

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Great.

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Our name is Shirley Eisen.

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Sure.

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Ms. Eisen.

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Shirley Eisen, if you're still in the audience, please raise your virtual hand.

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Thank you.

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They'll be coming back in as a panelist shortly.

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Thank you very much.

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Hi, Shirley Eisen is here.

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Hi, Shirley, could you please state your name and spell for the stenographer?

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Sure.

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My name is Shirley, S-H-I-R-L-E-Y.

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Last name is Eisen, I-S-O-N as in Nancy.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Please proceed, counsel.

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Ms. Shirley, can you describe your relationship to the owner of the property, West Powleton Exchange Group?

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Yes, I am the owner of the West Powleton Exchange Group.

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Great. And have you heard my testimony today?

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Yes.

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And was it true and correct to the best of your knowledge?

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Yes.

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And would you adopt it as if it were your own?

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Yes.

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Great. Thank you.

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Questions or comments from our attorney, Julia Remerson?

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Not at this time, Mr. Chair.

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Any questions or comments from RCOs?

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No hands, Mr. Chair.

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Anyone from the district council's office?

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No hands, Mr. Chair.

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Anyone else?

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Again, no hands, Mr. Chair.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change to the existing RSA 5 residential single-family zoning at this location.

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while the property had a documented history

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While the property had a documented history of a church and a one-family dwelling dating back to 1960,

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of a church and a one-family dwelling

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dating back to the 19th century.

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there are other multifamily properties on this block.

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The appellant has not shown that the requested four units is the least minimum.

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The Planning Commission recommends that the board grant the requested variance for multifamily with proviso max two units.

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Gabriel, we're going to hold this, take a look at it next Wednesday morning.

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we will vote at two o'clock on it but obviously that first floor was a yeah so i don't think that

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first floor did well on anyone if i may share um would you be i mean you heard uh some of the board

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members um feedback for that first floor um would you be open to potentially adjusting some of these

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plans to have only a one bedroom on the first floor uh what i want to do is really i i heard

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some of the board members but i want to talk to all of them i'm sure to get a sense of actually

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actually where we stand and what we want to do with this okay understood no problem so we will

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vote on this next week i'm sure thank you all right thank you where you think we're okay with henry

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then we'll take a quick break okay number 10 mi 2025 004 514 3922 mellon street um henry clinton is

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the attorney we're going to hold this right hillary um yes it's my understanding that

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there are going to be revised plans that are submitted.

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Sure.

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So, yes.

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Morning, Mr. Chairman.

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Good evening, Mr. Chairman, members of the board.

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Yeah, it's a long morning, I'll tell you that.

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Yes.

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Mr. Clinton, could you state your name and spell for the stenographer?

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Sure.

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My name is Henry Clinton, H-E-N-R-Y Clinton, C-L-I-N-T-O-N.

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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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Would you identify your client, the relationship to the property?

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Sure. My client is AHM Properties, LLC, and the principal is Leffler, L-E-F-T-E-R, D-H-I-M-A, and he is on the call.

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And there's a recommendation of support from Mantua Civic Association, and our vice chair has just a few questions for you, sir.

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

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Yes, I have, Ms. Graham.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Okay, thank you.

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You can share your screen and begin your presentation.

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Thank you.

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Hendrion, we're going to hold the vote on this.

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Am I correct?

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Yes.

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Yes.

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Is that visible, Mr. Chairman, first page?

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It is.

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Well, yeah, we have it now.

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Okay.

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So I'll give you a little bit of background.

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We met with Mantua Civic Association just this past Monday, and there is a letter of support, overwhelming support in our favor.

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After the meeting, the client and I and the architect, we talked a little bit more about the plans.

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Even though they were approved, we wanted to tweak them because we were able to get rid of one refusal.

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We wanted to tidy up this trash storage situation, and we wanted a better means of egress from the rear of the property.

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None of those will result in enlarging the property.

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It actually shrinks the property, but I think it makes for a better project.

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And that's why I'd ask Ms. Emerson if I could present what we have.

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But since the meeting was only Monday night, we'll submit the revised plans by Friday of this week, if that's okay.

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So this is a table of contents, A1 through A10.

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Again, this is a request for a three-family dwelling on one of the two largest lots on the block.

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This lot is 86 feet deep.

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Most of the lots, save for one other, are only 50 feet deep.

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The lot, based on the records that I'll show the board at the end, this particular lot has been vacant since 1975.

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So it's been sitting there empty for basically 50 years.

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The other thing about this particular lot, it's not a corner lot, but it's at the end of the block.

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And the side of the house faces the rear of the properties on Union Street.

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And I'll show you via aerial photographs of that.

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And then there's a four-foot alley between our parcel and the rear of the homes on Union Street.

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So this is the refusal.

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Basically, this is an RSA 5 zoning district.

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Multifamily is not permitted, an RSA 5.

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And the second refusal, which is the one that we're going to eliminate, there's an excess of maximum occupied area by almost 10%.

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maximum occupied area by almost 10 percent we're going to shrink the house down to 75 percent to

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We're going to shrink the house down to.

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make it conform with the code so our single refusal is for use. The RCO letter you have

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I don't have it in my package because it was sent to you directly. These are photographs of the

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street. This is Mellon Street where my cursor is is Union Street. This is the vacant lot and these

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These are the rear of the homes on Union Street.

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Just a closer view of the property.

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We're looking east.

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This is a triplex on Union Street and the property adjacent to that.

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This is 665 where my cursor is and 667 on Union Street.

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They're both triplexes basically almost across the street, but I would say caddy corner to where our parcel is.

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This is the posting of the signs.

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These are the plans.

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Again, these plans are going to be modified because we're going to shrink the house from about 68 feet deep to about 59 or so.

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Floor plans, basement of first floor will be one unit, second floor is a second unit, and the third floor is another unit.

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We have one three-bedroom, which is the first floor and basement, two two-bedrooms on the second and third floor.

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In the basement, we have two bedrooms.

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This is an egress well.

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One of the changes we're making on the plan, and again, it's not going to affect the refusal, is we're going to have a set of spiral stairs in the egress well so that when these sliding doors are open, you're able to exit from the basement level where we do have the bedrooms.

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On the first floor, living, dining area, one bedroom and a full bath with access to the rear yard.

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Second floor, two bedrooms, front and rear.

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And we have kitchen area and living area right here.

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We also have a trash storage area right here behind the kitchen.

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And we move up to the third floor, continue up the set of steps to the third floor.

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Again, a mirror image of what's on the second floor, bedroom in the front, excuse me, bedroom in the front, bedroom in the back with a balcony.

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And we have a trash storage area right here behind the kitchen.

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And the remaining documents are the application for appeal, typically what you would see in

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a presentation, tax clearance indicating $0 owed on real estate taxes, the zoning map.

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This is instructive because, again, as I said, our property is here, and my client's property is 3922 and 3920.

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They're both the largest two lots on the block by in excess of 30 feet.

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And as I said, there's a four-foot alley between the side of our property on the west side and the rear of the homes on Mellon Street.

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There's a triplex here, and there's a triplex here directly across the street.

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This is the deed indicating ownership of the property by my client.

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And this is our notice letter that was sent out to 156 addresses within 250 feet of the property.

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And this is from the zoning records circa 1955, October, indicating complete demolition of the property.

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The other thing that I wanted to show the board was, this is from the OPA, just indicating some of the market values of the houses on the block.

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Again, most of them are smaller homes, where they are typically below $200,000.

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And I think from prior testimony, and my client will adopt it, that to build a single-family home would be in the neighborhood of $3,000 to $350,000.

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And from an economic viability vantage point, I think that's probably why no one has made an effort to build anything on this lot for over 50 years, a single-family home, that is, because it really calls for a multifamily, as there are two directly across the street.

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I also can show you the zoning records for the properties directly across the street, 665 Union Street and 667 Union Street.

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So, we basically have an RSA 5 zoning district. We are not impacting any property's adjacent lighter air usage. We believe a unique physical situation where we have an extraordinary large lot.

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So we basically have an RSA 5 zoning district.

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As I said, one of the two largest lots on the block.

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It can accommodate multifamily.

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There's multifamily across the street.

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We're in harmony with the code because it is residential,

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and we're not detrimental to the public welfare,

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and we are not impacting the appropriate development of any adjacent property.

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And with that, I'm going to ask Mr. Dima to unmute himself,

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and then we'll entertain

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and I'll put the floor plans back up.

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I'll entertain any questions from the board.

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Sure.

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What's your client's name, Henry?

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Mr. Dima, D-H-I-M-A.

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Sure, Mr. Dima?

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Coming back in as a panelist now, sir.

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Thank you.

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Good evening.

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Good evening, sir.

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Could you please state your name

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and spell it for the stenographer?

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My first name is Lefter, L-E-F-T-E-R

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and last name is Dima, D-H-I-M-A.

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

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Yes, I do.

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