civus
Hearing video

ZBA Hearing - June 23, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 23, 20216h 15m

If you would like to give them one more week, you can do that or you can vote it now with or without proviso.

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okay i think i will hold this for a week

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okay so we'll be voted next um wednesday and next wednesday the 30th at 2 p.m at the beginning

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of the session okay next case is calendar number 0730 30 west highland the attorney is carl

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Primavera Madam Chair we have Steve Bertil with his hand up okay I'm gonna promote the panelists

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I believe Mr. Bertil and Mr. Primavera were planning to appear okay they've been both

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promoted as a panelist, you're coming back. Good afternoon, Madam Chair. Hi, Mr. Bertil.

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Name and address for the record, please, and I'll swear you in. Steve Bertil, 1835 Market Street,

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suite 14 uh philadelphia pa 19103 um i'm just handling the uh the visual but uh mr primavera

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is doing the um the presentation okay madam chair hi mr primavera name and address please

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yes carl primavera 1835 market street uh madam chair members of the board one second do you

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swearer from the terrible truth and nothing but the truth. I do. Okay. And I did swear you in

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right, Steve? Yes, that's correct. Okay. Madam Chair, name spelling, please. Yes. Mr. Primavera.

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It's P-R-I-M-A-V-E-R-A. And also Mr. Henry Clinton Esquire is also on the line. I assume

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he represents the other party, which was a near-neighbor group. We were previously before

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the board in April, and Mr. Clinton and his clients requested additional time to meet as a

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near-neighborhood group. We already had the support of the Chestnut Hill Community Association,

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but they felt that there were some neighborhood issues that hadn't been finally resolved. So

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So during the time period since that break and this resumption hearing, there have been many, many meetings with really the cooperation of Mr. Clinton and his clients and my client, Mr. O'Reilly, who's the applicant and his architect, Larry McEwen, as well as an architect for the community association near neighbors, Matt Milan.

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And I'm happy to say that we do have an agreement and just by way of background, this property is split zone commercial, yet it's really in a neighborhood that we believe is more residential.

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We requested a variance for residential use, and basically the community association supported it.

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Through these final negotiations, we now have an updated plan, which I'll call McEwen Architects, dated 6-23-21, A210-623-ZBA.

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And on that plan are three specific agreed-upon dimensional aspects.

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which I'm sure I'm going to hear from Hank to say it's agreeable,

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along with an operational understanding, which may not be relevant for the board,

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but just to get on the record, certain terms and conditions,

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which will be added to the already existing community association terms and conditions.

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And we believe with that, none of which adds refusals or referrals,

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and it's a reduction in the plan in any event,

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We believe we have a full understanding.

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There will be additional documentation among the parties,

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but we think this is obviously a very great design solution

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to what had been a challenging problem.

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And my thanks to the community association,

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the near neighbors and Mr. Clinton.

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I have my clients on the line if you need to hear from them,

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either Mr. O'Reilly or the architect Larry McEwen.

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Otherwise, I'll turn it over to Mr. Clinton,

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I'll turn it over to Mr. Clinton, unless the board has any questions.

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unless the board has any questions.

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Excuse me.

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Excuse me, this is Sharon Saleta.

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Mr. Primavera, did you submit this, the revised plan to us, along with a proviso plans form?

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I believe Steve has done that, Steve Bertel.

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Yes, we submitted this, what you're looking at, the schematic and the proviso form.

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the finalized zoning plans are still in the works and we'll submit that for

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stamps should the board grant these revisions. Well they actually can't vote on it until they

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have those. Well this is it'll be identical to this we just wanted to do a cleaner a cleaner

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version for stamping but if you if you want to stamp the schematic instead. But the proviso

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plans form has not been further revised since you last no that that's accurate and up to date

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okay that's fine and thank you

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so are we voting this case i'm chairman this is henry clinton can i speak uh yes

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do you swear to tell the whole truth and nothing about the truth i do please spell your last name

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and put your name and address on the record sure henry clinton clint on 13 13 south 33rd street

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Philadelphia PA, 19146 Queen Memorial Building. First, I just want to make sure that I get a copy

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of the proviso plan and any other plan may be submitted by Carl or Steve to Ms. Soletta.

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So if I can be copied on that, that would be very helpful. Following up on what Carl said,

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I represent over 225 Chestnut Hill neighbors, some near neighbors, some far neighbors,

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but all residents of Chestnut Hill. And over the course of the last month, Carl is correct,

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there have been many discussions. It's been arduous, tortuous, but I think we've crossed

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the finish line about 15 minutes ago. And the plan that Carl presented by Larry McKeel and

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undated, but we agree it should be dated June 23rd, is the agreed upon plan along with some

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operational issues that we've also exchanged via emails so that those operational issues have also

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been accepted and agreed upon. So the time period between the last hearing and now was well used

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and I think it brought everything to this culmination.

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So everybody's in agreement? Yes. Yes. Thank you.

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Okay. Does the board have any questions?

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No.

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No.

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No.

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Planning Commission?

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One moment, Chair.

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Okay.

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The other thing, Mr. Chairman, I might say is that on the call, there's approximately 70 of the 225 neighbors who are interested in these proceedings.

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and it just shows the amount of community interest involvement and dedication uh other neighbors in

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that area excuse me madam yes you have charles richardson with his hand raised okay mr richardson

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madam chair uh charles richardson from the office of councilwoman cindy bass room 312 city hall

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as long as there is an agreement in place the councilwoman has no opposition to granting the

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variance thank you so much excuse me this is Sharon again Mr. Bertil I'm going through the

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addendum to your exhibits that was submitted today I see the plans that you're showing on

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the screen I do not see the proviso plans form have you submitted one that matches the plans

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that you're submitting yes it was not it was submitted separately per your previous request

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to not to submit that as a separate document okay thank you madam we're done no okay

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planning commission chair can uh the applicant clarify what has changed uh for the planning

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commission in case we have to revise our recommendation yes i i can do that madam chair

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basically on the plan are three enumerated and identified dimensional changes first one says

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unit one the top floor set back eight feet from the face of brick at west highland avenue so that

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was just to give a little further setback for the unit that faces west highland second unit one top

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floor balcony set back three feet from the edge on all sides that's a railing that's being set back the idea is that it's

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on all sides. That's a railing that's being set back. The idea is that it's a little more

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recessed from the street. And then third, West Elevations 3 and 4, there's a design change

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which really is done to create more of a sense of opening. It doesn't separate the buildings,

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So there's no change to that, but it creates a little bit more of a, we'll call it, indentation.

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Yeah.

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What would you call it, Henry?

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An indentation.

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Indentation.

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So, excuse me, Ms. Sharon again, can I, Mr. Primavera, since the Planning Commission hasn't seen these,

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Would it present a hardship to your client to delay the vote for one week simply to wait for the final plan so that they can be stamped at the same time that the case is voted?

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If it's convenient for the board, I'd like to see it done today only because this has been, you know, challenging due to people traveling and getting authorization from people who have been away.

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and I understand that there wouldn't be any need for you even to appear it would simply be a vote

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with the new plans or I'm sorry a vote and the planning commission recommendation but there

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would be a delay in any case because we can't submit the vote sheet until we have the final

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plans in hand so if you could have those by next week it could be voted they could be stamped the

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same day and you could receive the planning commission recommendation i'll defer to uh

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henry on that well now i'm going to defer to sharon mr letta mr clinton since you haven't

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seen the plans it would also give you an opportunity to review them no he's he has

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i i agree uh but i believe mr primavera that that these are the plans that would be

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submitted and they are acceptable to us in its current form. I agree but they are not

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the plans that would be stamped which is the issue. If I'm unless I misunderstood there are

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this is a drawing but there will be actual zoning plans that will be stamped that are

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consistent with this. So you understand I would prefer that we stamp them on the day that they

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approved I understand that okay and it would be again just one week and you would not necessarily

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have to appear is everyone in agreement with that I think it's less about the planning commission

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if it's to defer to the planning commission as much as we respect them I think that that would

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be an overindulgence given six months of negotiations with one of the more sophisticated

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community groups and the these unless you have a magnifying glass you would never see the minutia

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that we've resolved if it's something procedural with the board that will allow me to explain to

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my client who's been at this for over a year and trying to get through the process then fine but

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if it's if it's to accommodate the planning commission i'm sure they'll indulge us given

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the uh the very minute changes that don't uh change if the planning commission is ready to

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give their recommendation certainly that would be preferable but again this would not cause any

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further delay to your client because until i have the final plans to stamp won't be turning in the

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vote sheet so um you would not if the planning commission is willing to give its recommendation

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now that would be preferable and then no one would have to come back next week it would simply be

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waiting for plans that are consistent with the plans you've provided today well i'm sure the

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planning commission wouldn't want to be opposed to the councilwoman who's heartedly endorsed a

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thousand people supporting this plan okay so is the planning commission sure is is the planning

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commission willing to go on record carol would you mind uh swearing me in before we proceed

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i absolutely would not mind do you swear from the tell the whole truth and nothing but the truth

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yes i do for the record my name is peter bernard bernard is spelled b as in boy is apple r as in

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roger n as in nancy is an apple r's and roger d as a dog i am staff for the planning commission

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planning commission would have no objection uh giving our recommendation today uh it was just

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difficult to see

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on the current sketch whether or not

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the changes would have substantially

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impacted our recommendation

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having to watch through them I believe

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our

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recommendation

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holds

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holds so I'm happy to put that on the record. Thank you and then that will just that does

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so I'm happy to put that on the record

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away with that part of it we are only waiting for submission of the revised plans and really in the

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long run rather than you having a stamp on plans that where the stamp predates the date on the

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plans everything will be consistent. So we're holding this one week to vote. One week to vote

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no need no additional testimony the record is otherwise closed except for submission of the

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plans excellent can we reiterate burdensome but uh we're we're happy to have this uh at this stage

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thank you thank you the next case is uh yes

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who's saying carol i only

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see a few people sorry this was peter bernard for the planning commission

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and you just read your i did not read my testimony uh into the record i just specified that we would

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be willing to read our testimony into the record okay i'm sorry today's been a little crazy totally

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understandable. So the proposed use for eight dwelling units is consistent with

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the comprehensive plan goal of encouraging new homes and jobs along Germantown Avenue.

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Further, the proposed density is less than what would be allowed by adjacent RSA 3 zoning.

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The City Planning Commission recommends that the zoning board grant the variance.

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Thank you. So this case will be held for one week and we will vote it in a week.

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thank you very much thank you very much thank you very much thank you miss elena

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welcome and just adding that the record is closed except for the plans of which we will

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will be consistent with what was submitted today

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thank you everyone calendar number 1625 123 reid street

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There are no exhibits and this is the first listing.

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I see no hands up at this time, Madam Chair.

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Okay, this case will be continued.

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I'm sorry

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another hand just went up

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Sean do you want me to allow him to speak

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Sean Castanera

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is the owner

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yes

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thank you

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he's coming back in his panel

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thank you

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Sean, can you hear me?

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mr castanera if you unmute yourself

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hi sean castanera 123 reed street philadelphia pa

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uh 19147 c-a-s-t-i-n-e-i-r-a thank you do you swear our firm to tell the whole truth and

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about the truth yes thank you you may proceed um i am filing for a variance for um the minimum

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open area excuse me mr this is sharon saletta did you submit exhibits five days in advance

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yes they were sent um last week did you did you copy me on them s-u-l-e-t-a-z-b-a at gmail.com

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mine is one of the addresses to which they had to be sent um I will I don't have a record of

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having received them might have just been a mix-up okay um they were sent to the um I'm checking right

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now it

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it was not forwarded to you or cc to you as well okay i have to review those before you go forward

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madam chair could we move this case back on this list and if you could um forward those

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exhibits to me now yes yes i will okay you have my email address did you get that okay

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you didn't want it shouldn't be a continuance um if he if he submitted them to the rco mailbox

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on time of course it's it's the board's call but um if he actually did submit everything and if i

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can review them now and be sure that everything is there you're calling whether to continue it

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if he simply hadn't submitted it to anyone maybe a different matter i can forward you the email

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from the rco um which will show when it was sent okay and of course then the board's call

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on whether to go forward we do have a letter from pensport civic and support and councilman

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is in non-opposition so we just need for you to send whatever um miss saletta is requesting

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yes and then you'll let me know sharon linda call the case yes i'll confirm if everything

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is actually there and it was sent to the rco mailbox on time um then the board can make the

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call on whether to go forward. Okay, great. Calendar number 1856, 1715 North 59th Street.

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The attorney is Leo Mulvihill.

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I think this case

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is continued. Next case, calendar number 1264, 1910 Chestnut Street. Dina Blackman is the attorney.

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