civus
Hearing video

ZBA Hearing - May 8, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 8, 20243h 45m

Massaras bought the property in 2023, this is what the condition of the building was. So you can see

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it's the same footprint. Here historically is the two-car garage and there's an existing curb cut

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here. So when he bought the property, this was the building that was in existence. So what

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they're looking to do is, forgive me here, I don't know what's happening with my edit. So

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there we go. So these are the improvements that the Massaras are looking to make to the property.

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They're keeping the exact same footprint. They will use this existing garage, two-car garage

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with an existing curb cut. They will keep the existing roof deck and this edition, second

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story edition, and all of the exterior facade will be renovated to bring it back to sort

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of its historic glory and to be consistent with the other renovated residences in the

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area. And I can pull up some photographs just so everyone can become familiar with the location.

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So here is the Massara residence at 626 Friend Street. You've got 95 here and here are some

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park areas across the street and you can see that there are various residential uses both

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on the same side of the property and on the other side. Here are some additional photos

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on both sides or both corners of the property.

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And you can see here, this is to orient you, this is the Massar's property and these are the

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homes that have been renovated on the same side of the street. So this is the corner,

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this is the condition of the property as it currently exists. So when Mr. Massara applied

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for the zoning permit so he could do these exterior and interior renovations, he discovered

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that when the prior owner, when he owned the property, actually he had demolished this

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structure right here and rebuilt it with what you see right here in this photo. And while he got a

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demolition permit for the demo, he never got a zoning permit for the rebuild. And so when Mr.

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Massara went in to obtain a zoning permit for just his exterior and interior renovations,

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he was told that he needed to get variances because the existing structure is not in compliance

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with the 20% open space requirement on a parcel. As you can see, the building encompasses

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20 percent open space requirement on a parcel as you can see the building encompasses the entire

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parcel and not nearly 80 percent that the existing rooftop deck is not set back five feet from the

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building line which is as required and that accessory parking in this particular zoning

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district is not permitted unless you access it from the rear with a shared driveway which also

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So because of the existing layout of the building on the parcel would would be impossible to do.

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And so to utilize this garage with the existing curb cut of variance would be required for that.

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So that is why we're here today. As I mentioned, we have 13 exhibits.

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Would you like me to walk through the exhibits or just list them for for the board's convenience?

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We have most of the documents through there. OK, so. OK, great.

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So, Mr. Massar, we sent out all the requisite mailings, and Mr. Massar and I appeared before the Queen Village Neighborhood Association to describe the project and to ask for their support.

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And, Counsel, you posted, too, am I correct?

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Yes, we posted, yes, and the posting is at exhibit date.

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Show us a quick picture of the posting.

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Correct, yes, certainly.

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so you can see the zoning poster here on one side of the property with the date stamp

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and then here on the other side of the property thank you thank you very much um uh so mr massara

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gave a presentation of his proposed project to the rco and and received overwhelming support

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um and there's a letter of support that is at exhibit uh 12 here

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um so that's the support he also um uh he uh wrote a letter um to the neighbors and on his own and

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i'm going to pull that up here it's at exhibit 11 on his own um hand delivered that to people

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in his immediate vicinity um so he could describe what he was doing and to to get any feedback and

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and the feedback that he received um from his neighbors in these person-to-person communications

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was also overwhelmingly positive, and to our knowledge, there have been no issues raised by

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anything in terms, by anyone in terms of concern for the project. It would be virtually impossible

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for anyone to do anything to this property in terms of improvements without getting a zoning

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permit, and because of the existing non-conforming structure, a variance would be needed to do

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anything. And so this is a hardship that's been imposed on the Massaras. The only way to become

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compliant with the zoning ordinance would be to demolish the existing building, which would be a

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shame because of its historic significance as well as financially infeasible. And so that's why we

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are here today asking for the board's variance approvals so that Mr. Massara can proceed with

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This project that will clearly be consistent with the surrounding community will vastly improve the neighborhood.

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It's a beautiful project. It won't create any traffic or any negative kind of impact on uses in the surrounding area.

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It won't place any kind of undue burden on any of the infrastructure.

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In fact, by reverting back to its residential use, the impact will be less than the prior commercial use.

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And so for those reasons, we're here today asking for relief from the board.

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If I'm a correct counsel, the local councilman also sent a letter. Am I correct?

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I believe that's correct.

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We have a copy of a letter of non-opposition from Councilmember Squillin.

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Wonderful.

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OK, so why don't you bring your client on to adopt your testimony?

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Yes, certainly.

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Mr. Massar, will you please raise your hand so the board can accept you into the meeting as a participant?

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Carl Massara has been allowed to speak

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good afternoon Mr. Massara

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could you state your name

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and spell for the court stenographer

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my name is Carl

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C-A-R-L Massara

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M-A-S-S-A-R-A

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and I've been an architect in Philadelphia

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since 1967

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and I'm older than anybody on the group there

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okay

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do you swear or affirm to tell the truth

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

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I do.

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Please proceed, counsel.

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Thank you.

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Mr. Massari, were you here and present to hear the testimony that I just presented with respect to your proposed project?

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I think it's very accurate, and I think the neighbors are very anxious to get this project going.

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They keep calling me about, it's a real eyesore that see this all boarded up and just sitting there.

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and I really wanted to do it real quick.

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I live in Chester Springs, presently so far away from my office in the city.

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I live in Chester Springs, presently, so far away from my office in the city.

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I'm still working.

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And so I do want to move.

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And my daughter lives about five doors down.

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So I would like to live in this house.

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I like everything about it.

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I know how to do it.

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I've been doing it for a long time.

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And I've done a lot of historical projects in hotels and commercial projects,

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and historical projects, all kinds of projects over the years, including the, I could hate some of you, but I don't want to bore you.

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And Mr. Massara, in hearing the testimony that I provided, do you adopt and affirm that testimony as your own?

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I'm sorry, say it again?

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Yes. If you heard the testimony that I provided in describing the property in your project, is that correct?

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I find that very correct. Yes, that's right.

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Okay, good. So you adopt it as your own and it is accurate.

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correct okay thank you so questions from the board no mr chair no chair questions or comments

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from our attorney hillary emerson not at this time mr chair questions or comments from the

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virtual audience i see no hands any commission

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good afternoon chair peter bernard for the planning commission

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peter just for the record spell your name my name is spelled p-e-t-e-r b as in boy

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a as an apple r as in roger n as in nancy as an apple r as in roger d as in dog

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do you swear affirm to tell the truth the whole truth nothing but the truth

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i do chair please proceed

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give me a second i lost

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the comprehensive plan recommends no change to the existing cmx1 commercial mixed use at this

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location we feel the applicant has demonstrated hardships for lot coverage and front loaded

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parking and have no objection to the residential use of this location accordingly the planning

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commission recommends the board grant the variances thank you mi 2024 000 811 626 south front street

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i vote yes thomas holliman my vote is yes james snell my vote is yes ishmael shahi my vote is yes

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Thank you, counsel.

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Thank you very much.

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Okay.

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Number five, MI 2024, 001170, 3252 Miller Street.

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Alan Nockamson is the attorney.

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There's a letter of support from the Port Richmond On Patrol and Civic Association.

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Applicant provided a petition and support signed by approximately six neighbors and four form letters.

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we do not have

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let's see here

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I guess we do have a letter

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okay we're good

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Mr. Nockamson you have already been sworn today

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could you just state your name for the record

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Mr. Nockamson

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okay and Mr. Nockamson

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could you identify your client

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in relationship to this property

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yes my client is Muhammad Farajay

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the owner of the property

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And our vice chair has just a few questions, sir.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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Yes, we have.

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Thank you, counsel.

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Please proceed and share your screen.

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Thank you.

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So I'm here to present 3252 Miller Street.

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This is a corner property in the Port Richmond section of Philadelphia.

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Essentially, all we're trying to do is legalize the use.

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Has two entrances, you'll see.

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It was advertised to my client that there's two units, and this property has a history

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of multi-unit use.

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So first, we'll review the notice of refusal of this RSA-5 property.

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We met with ProPAC this week, actually, and we got overwhelming support.

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You'll see in the letter, support the vote count.

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My client did a limited petition, really focusing on the nearby neighbors who would be most directly impacted through this legalization, and they're in support of this project.

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You'll see the history of the property, again, as multi-unit.

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You'll see the history of the property, again, is multi-unit.

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I think it has a history of a one-on-one.

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I think it has a history of a one-on-one, one commercial, one residential.

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I also provided the MLS listing where it was advertised as a duplex.

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And my client detrimentally relied upon that.

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And, you know, now we're trying to legalize this.

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Interior photos, we didn't change anything up other than in terms of configuration.

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My client has invested money in making the property look really, really good.

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And that was actually noted during the community meeting when we initially talked to the representative of PROPAC.

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They stated they typically don't agree to legalizations of properties, but given the nearby neighbors and how positively they have spoken about this project, there was overwhelming support at the community meeting.

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we have photographs of not just the interior but the exterior of the property and the surrounding

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neighborhood our plans and drawings pretty simple plans this is a corner property trash will be

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stored in the rear outside for both units our rco meeting notice showing that uh we sent out notice

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for you know a community meeting which took place this week and proof of mailing of that notice or

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applications for appeal that we filed on muhammad's behalf as well as the deeds of the property showing

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that he owns the property and a certificate of tax clearance. At the conclusion of my presentation,

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I would ask that Mohammed virtually raise his hand, be sworn in, and then I'll have a few

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questions for him to answer. Notice of refusal. This is an RSA 5 property. We're simply looking

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to make this into a duplex. This is a legalization. Again, my client was sold this as being a legal

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duplex and unfortunately found out later that was not the case and that's why we were hired.

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Letter of support from ProPAC.

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I think I saw somewhere where it said 18 to 3.

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Maybe it's the next page.

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No.

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Where did it say that?

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It was somewhere on here.

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Maybe we had the second page.

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But, oh, here, 18 to 2.

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I'm sorry, right here.

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18 to 2 in support.

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Petition, again, we really just focused on the nearby neighbors,

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the people that would be most directly impacted in terms of a petition and letters to support.

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And then the property history,

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you can see that this has a long history of multi-unit use.

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When you see the property,

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it's the quintessential corner property

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where there would be two doors, one for each unit.

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It was advertised as a duplex.

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As you can see here, it says duplex, vacant units, two.

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And then it talks about how this is a truly one-of-a-kind duplex

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with premium and tasteful finishes.

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So we're just trying to make this an actuality.

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And then you can see from here where we are. We're in the corner of Madison and Miller Street. And then you can see this from a Google Maps perspective as well. Interior photos, I get my client keeps it nice and clean, maintains it very well.

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and then photographs the exterior here's the entrance going up to the second floor

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and then it has a separate entrance for the first floor and again both parties

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