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Hearing video

ZBA Hearing - August 4, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 4, 20201h 21m

We are live. Thanks Abby. We are live. Thank you. Good morning everyone. My name is Frank DiCicco. I'm

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the chair of the Zoning Board of Adjustment. We have a quorum. In attendance is our vice chair

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Ms. Carol Tenere, our board member Mr. Thomas Holloman and our board secretary Mr. Confessor

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Plaza. In addition we will have Tanya Sunkett our board administrator and our city solicitor

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Sharon Soletta will be joining us shortly. As you're probably aware, today is our fourth week

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of holding virtual hearings. While we may have to make some adjustments along the way,

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our plan is to call each case and basically proceed as we would have in a live hearing.

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We ask that attorneys for the applicants or other interested parties identify themselves for the

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record when the case you'll be participating in is called. We will then

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hear the applicant's presentation, followed by any presentation by

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attorneys representing other parties. Interested parties and members of the

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public not represented by counsel will then be given an opportunity to testify.

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We will finally hear the recommendation of the Planning Commission. At the

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hearing's conclusion, the board will either vote the matter immediately or

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hold it for discussion in executive session. Any case held for discussion will be voted on the

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record at the next scheduled August 12th morning session. A couple of changes related to the

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virtual format. First, we will be administering oaths to individual participants prior to their

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testimony rather than to the room as a whole since we do not have a room. Second, for the benefit of

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anyone participating by phone, we ask that attorneys and witnesses identify themselves prior to speaking

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or testifying. Third, I would like to advise everyone that this proceeding is being recorded

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and that by participating, you acknowledge your agreement to be recorded. If anyone wishes to

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testify, we ask that you raise your hand at the time your case is called, and Ms. Sunkit will

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give you further information. Tanya? So if anyone has contacted us through

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telephones as a call-in, in order for you to testify, you would have to raise your hand,

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and on the telephone, you would push star nine to raise your hand, and once you are acknowledged

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to testify then you would press star six which would unmute the phone and your mic and allow

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you to testify and then if you called in by phone or um else you would have to put in an appearance

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statement and if you wish to be a party to a case you have to put in a parent statement

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to call that number to do that would be 267-270-5548. Again, the number is 267-270-5548,

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and that's a Google phone number where you can call and put in a parent statement. Thank you,

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Chair. Thank you. And again, I'd like to ask the attorneys to please limit your testimony

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to those issues that are absolutely necessary for the record. We'd appreciate keeping their

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testimony to at least one hour if not less. Thank you. At this time we'll entertain any requests

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for continuances or withdrawals. Confessor. Is that me next? Somebody. I actually have a couple.

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okay i do i have a couple hands up pasquale colavita you can now speak and mute yourself

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okay here we go uh good morning uh i have the following addresses which are 17

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and i'm one of them is listed in in the afternoon list but they are 1710 1712 1714

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1716, and 1718 Master Street. Can you please identify yourself, sir?

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Sure, Pasquale Colavita. On behalf of all of the property owners that I just stated, 1710

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through 18 Master Street. And again, I'm not sure which one is on the afternoon list,

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But the request is to have this matter continued to, I guess, at least 90 days.

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We have a meeting with the RCO, which was previously scheduled, unfortunately, due to the.

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with the RCO, which was previously scheduled, unfortunately, due to the closures. We were

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unable to meet. And when I got the new date, did not have sufficient amount of time in which to

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send out the notices. I believe that our new date is September. It's the third week in September.

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i'm sorry um september 16th so we do already 1710 master is at the 330

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okay can you continue do i need to reappear on that one or can you um just add this to that list

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it's the same request we do add it i think we can add it yeah yes that's fine okay thank you

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and that's well you'll be notified by

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Ms. Shunkett as to you said you have a date

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already? We do in September so

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I would need something I guess after

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September 16th

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So you would have to send a letter

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When you say

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send a letter I've already requested it by

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letter to give 90 days

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but that would

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in essence be what our request would

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be

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I've received

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noticed from your department

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yesterday that they received the email

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request and it was forwarded up to you.

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Okay.

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Okay.

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Okay, do I

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continue with the continuances?

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And if I do, everyone

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should listen very carefully.

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And if they're...

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I'm sorry, did you want me to finish?

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We still have other people.

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Oh, go ahead. I'm sorry.

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Yes, finish with...

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Yeah. So Carrie Nace Post, you can unmute yourself and speak regarding your continuance.

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Yes. Hi. Good morning. Carrie Nace Post, attorney with the law firm of Fox Rothschild

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in Philadelphia. I am here regarding calendar number 39482. Property is located at 505-509

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south 9th street and the applicant is hereby withdrawing the appeal which is before this board

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thank you carrie would you please uh spell your name for the stenographer

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sure last name is nace n-a-s-e hyphen paust p-o-u-s-t thank you carrie thank you thank you

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any other yes we have henry clinton mr clinton you've been allowed to speak you can unmute

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yourself uh thank you tanya this may have already been taken care of because it is not on the list

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for today it was originally listed for august 4th and this is henry clinton of the law firm of henry

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M. Clinton, 1313 South 33rd Street, Philadelphia, PA, addressing 4329 East Thompson Street,

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originally scheduled for today. I believe it has already been rescheduled. I'm just

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calling and making sure out of an abundance of caution that I'm not on the list today.

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And if I am, I'm asking for a continuance into September because the community group

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bridesburg cannot meet with us until september 3rd

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either way it'll be continued uh i think i i don't know if i saw that on the list or not

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i did not mr chairman i did not see it on the list uh but just again out of the abundance of

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caution and knowing the new procedures i just want to make sure all right thank you yes it was

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received and sent to the board yeah tanya notified us thank you very much i appreciate it thank you

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that's all we have on that's all we have on this end okay okay carol okay read the rest

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Continuances, please listen carefully.

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Calendar number 39908, 1727 North Lambert Street.

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Calendar number 39321, 3008 Clifford Street.

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And calendar number 38429, 4027 Creston Street is continued but expected to be withdrawn.

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any other requests for continuances or withdrawals

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if so you're out there please raise your hand

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no hands are up chair you can proceed thank you tanya carol call the first

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no hands are up chair you can proceed

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thank you Tanya

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count okay calendar number 39401 1429 wharton street the attorney is david mark kind

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mr markheim you've been can you hear me panelists can i be heard we can hear you

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oh thank you very much i appreciate it first of all i want to thank all the members of the board

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for hearing this under these extraordinary circumstances.

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I know what a difficult thing this is.

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I am the attorney for the applicant

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in this particular matter.

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And I want to introduce the principal

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for the applicant, William Liberato.

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Mr. Markhine, before you do that,

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can you please put your name and address on the record?

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Absolutely.

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Daniel Markhine, M-A-R-K-I-N-D.

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I'm an attorney with the firm of Flaster Greenberg.

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The address is 1835 Barclay Street, Suite 1050, Philadelphia, 19103.

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And Mr. Markin, do you swear in a...

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I'm sorry, Carol.

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I know.

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This is confusing today.

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

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I do.

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Okay.

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Frank?

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Chairman?

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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. Thank you, Mr. Markham. Thank you. Please proceed.

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Once again, I want to thank the board and I want to introduce my client, William Liberato, who is the principal of Wharton Street LLC.

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What we are trying to do here is actually fairly simple. It's to correct something that occurred inadvertently a couple of years ago.

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So this property has been two separate residential units, second floor and third floor, since 1963.

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Approximately 2016, we came to the board for use authority to allow the bottom floor to be used as a cafe, which was granted.

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but somehow for reasons that are not entirely clear, the zoning somehow got switched back

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on the second and third floor, which had never been at issue. And for some reason, the use was

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changed back to being a single family home. And what we're trying to do here is to restore the

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prior zoning, which was two family dwellings, one on the second floor, one on the third floor,

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the way it had been from 1963 to 2016.

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And that's the entirety of what this case is about.

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Any questions from the board?

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Is there anyone else here who wishes to testify?

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If so, please raise your hand

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so that Ms. Sunke could recognize you.

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no hands up chair thank you planning commission yes uh this property is indicated for commercial

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mixed juice on the city plan given the property's history we have no objection to the granting

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of the variance

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thank you uh carol would you give me that calendar number and address again please

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Sure. Calendar number 39401, 1429 Wharton Street.

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Thank you. Calendar number 39401, 1429 Wharton Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes. Good luck.

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Thank you. Thank you, Mr. Mark.

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Thank you.

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Thank you, everybody, and have a good day.

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You too. Thank you.

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Calendar number 3-9-9-0-6 and 3-9-9-0-5, 2803 and 2805 West Allegheny Avenue.

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The attorney is Henry Marshall or Marcial.

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So, if the attorney is present, please raise your hand.

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Mr. Chairman, the RCO opposes and is requesting

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mr chairman the rco opposes and requests and is requesting a continuance on this

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Thank you.

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thank you what is the hello what is the rco slumpoodle thank you

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is the attorney mr marcel can you hear me

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Yes. Yes, we can. Sir, can you put your name and address on the record?

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Yes, ma'am. My name is Henri Marciel. I represent Angora Brothers LLC, the owners of 2803-05

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West Allegheny Avenue. My law office is Marciel and Hay. My address is 101 Lindenwood Drive,

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suite 225 Malvern PA 19355. And sir do you agree to waive the reading of the

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refusal and stipulate to its accuracy? I will stipulate to the accuracy of the

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refusal. Okay please please spell your name for the stenographer please. Yes my

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first name is spelled H-E-N-R-I. My last name is spelled M-A-R-C-I-A-L. Thank you and please proceed

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with your testimony. Thank you. The matter before the zoning board today is for 2803 and 2805 West

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allegheny avenue uh this is a property that was purchased at uh mortgage foreclosure by my clients

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they are they submitted their proposal to renovate the property as on each half

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four apartments two on the second floor two on the third floor

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floor, so that would be a total of eight apartments between the two halves of the building.

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And then on the first floor, which is already a combined open space to have a daycare center

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as their current proposal.

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The property is zoned CMX1, however, because it abuts residential RSA5 property, that is

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the reason for the initial refusal as to some of the proposed changes I would be

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introducing Seth Williams the representative of Angora Brothers LLC to

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testify as to the scope of the project and did everybody receive the packet I

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sent in it contains uh approximately uh 70 pages uh maybe a little bit more of the documents and

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photos the plans are contained on page 54 and we will be referencing those in our discussion

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May I proceed

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Please proceed

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Mr. Williams

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Can you hear me

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He hasn't been

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Allowed to speak

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I don't have a Seth Williams

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I have a Seth Floyd

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I'm sorry Seth Floyd

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I'm sorry

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Don Williams is the other partner

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Seth Floyd

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okay you've been allowed to speak you can unmute yourself mr floyd good morning everyone

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mr floyd mr floyd um would you please spell your name for the stenographer

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steph floyd s-e-t-h last name floyd f-l-o-y-d and do you swear and affirm to tell the truth

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the whole truth and nothing but the truth yes i do thank you please proceed

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