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Hearing video

ZBA Hearing - January 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 24, 20246h 48m

Yes, Chair.

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We have someone by the last name of Garcia.

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Okay.

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Please unmute yourself.

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Good morning. Could you state your name, please, and spell for the court stenographer?

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Yes, sir. Hello, my name is Eastman Garcia, I-S-M-A-N-I-E-L. Garcia is my last name. I am

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currently a resident on... Hold up, hold up, hold up one minute, sir. Do you swear or affirm

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to tell the truth, the whole truth, nothing but the truth? Yes, sir. Are you a neighbor?

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yes all right please proceed uh i am a neighbor on the property block and i have been very

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upset recently because due to break-ins due to not having a neighbor occupying that space

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okay all right so you're in favor of the project you're saying yes i am in favor of

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the project i think it will help out a lot with the the community the block just the residential

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mr garcia thank you for calling in we appreciate your input is there anyone else in the virtual

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audience i see no hands chair planning commission excuse me chair um they're bringing up their hands

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spontaneously at the last minute.

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We have someone,

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Kevin, last name, ending with a B.

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Okay.

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Sir, could you state your name

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and spell for the court

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stenographer?

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Kevin, which is K-V-A-N

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B as a boy, A-S-Z

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C-Z-E-W-S-K-I.

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Right. Do you swear

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for him to tell the truth, the whole truth, nothing but the truth?

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I'll do it.

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Are you a neighbor?

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can't hear it are you a neighbor i am a neighbor okay please proceed with your testimony

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so um similar to what the neighbor said i've i've witnessed people breaking in and

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it it ends up me spending way too much out uh time on the street getting the cops coordinated

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traveling around the block trying to catch the criminals it's ridiculous i don't have time for

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it i think it's mostly because it's just not no one's in it and they know it's and they keep

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and they know it's and they keep coming back and it's uh it's it's it's not good so i really like

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coming back and

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it's

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to see this place get occupied and it would have to be residential for that to happen at this point

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thank you very much for taking the time to call us we appreciate your input is there

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anyone else in the virtual audience i see no hands chair planning commission

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good morning chair members of the board this is greg waldwin from planning commission staff

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The comprehensive plan recommends no change to existing commercial mixed use at this location.

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The applicant's proposal for three dwelling units could be achieved by right by providing one affordable unit at the moderate income level through the Mixed Income Housing Bonus Program,

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a program that helps the city achieve its affordable housing goals while allowing developers to build at greater densities with a by-right permit.

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There is no hardship. Furthermore, there is no hardship for not providing the required ground floor commercial use on Frankfurt Avenue, a commercial corridor with active storefronts up to Huntington Avenue. The City Planning Commission recommends that the Zoning Board deny the variances.

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Thank you. I'm going to put these both together when we vote. MI 2023-004-079-2556 Frankfurt Avenue.

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Hold on, I'm sorry.

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13.

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And MI 2023, 004-078-2554, Frankfurt Avenue.

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I vote yes to both.

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Thomas Holloman, my vote is yes to both.

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James Snell, my vote is yes

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to both

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Ishmael Shahid, my vote is yes to both

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Thank you, Ken

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Thank you

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Number 5, MI 2023

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004-008

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1607-09

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McKean Street

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Michael Gumbel is the attorney

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There's a recommendation of support

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from the East Point Breeze

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Neighbors Association

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10 in support, zero in opposition.

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Mr. Gumbel is coming back in as a panelist.

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Thank you.

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Good morning, Mr. Gumbel.

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Could you please state your name?

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It's spelled for the court stenographer.

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Good morning, Mr. Chair and Board.

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Michael Gumbel, G-U-M-B-E-L.

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Right.

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Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth i do could you identify your client in relationship

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to the property yes uh alan kwan dr alan kwan and breen neff and they are the owners of the property

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okay and our vice chair has just a few questions sir good morning counselor do you agree to waive

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the reading of the refusal or stipulate to its accuracy i do have you emailed in all the required

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documents and exhibits that is needed to proceed with this case five days in advance of this

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hearing we have thank you please proceed and share your screen

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where's the share screen at it'll be on the bottom the green button

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oh there we go

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okay can you see that it's coming up now you're up yes sir

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Okay, thank you. So again, my name is Michael Gumbel. I represent Dr. Alan Kwan and Bree Neff. And Ms. Neff is the owner of, they're the owners of property as a residential unit, but Ms. Neff is also the owner of Equilibrium Pilates, which is a physical therapy and Pilates studio that she's owned for approximately 20 years in the city in various different locations in Queen Village and Bella Vista.

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So they purchased this property about a year ago, and it has a unique zoning in that it zoned both RM1 and CMX2.

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And essentially what that means is if more than 10% of the property is being used as residential, then they consider it RM1, whereas the inverse of that, it would be considered CMX2.

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And so this use would be by right if we were using the property exclusively as a CMX 2.

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However, as you'll see, a majority of the property is being used as their personal residence,

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and we're just seeking to use a small portion of it for her Pilates studio.

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So you have the refusal there.

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You have the application that was filed, the project information form, the deed.

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The project information form, the deed, tax clearance, photos of posting, and then we have the property here.

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So the property is located at 16th and McKean in the kind of lower east Point Breeze section of the city.

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And what you'll see on this property is it's a massive kind of double wide, almost triple wide property on McKean Street.

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in between 16th and 17th Street. And what's unique about it is that if you look around,

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you'll see that essentially every other property on this block is a commercial property. So you've

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got a garage next door. There's actually a brewery, second district brewery, two doors down from them.

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There's several garages across the street, a daycare center. And if you go across,

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or I'm sorry, around the block on a Bancroft Street, again, it's filled with garages and

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commercial properties. On the other corner, you've got several little grocery stores as well as

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another bar situated there. So effectively, what we're trying to do is on the second story of the

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property, that's primarily the residential area. On the first floor, they have parking garages where

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they can fit four vehicles. And then the first floor was also used by the prior owner. They had

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a construction company and that was their office. So when you come into the property, you go straight

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back through this hallway and this first room here is about 17 by 17 and that would be kind of like

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a sitting area for the studio. And then in the back room, you have a room that's 13 by 30 and

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this would be where the Pilates machines and so on would be kept. Again, Ms. Neff has been a Pilates

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instructor for over 25 years. She's got excellent credentials and certifications. She's been on the

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best affiliate list. So she's very well known in the industry and throughout the city. And she's

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really just trying to move her studio into her living space to make things easier on herself

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and make things easier financially for them. It's not a huge impact on the neighborhood. She only

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meets with one client at a time. So it's not as though there's going to be several people coming

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in and working with her. It's not going to impact traffic. Again, they do have parking

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garages there, as well as a space in front of the building that they could use.

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Here is the RCO notice that went out, as well as the proof of mailing.

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And then again, we met with the East Point Breeze Neighbors Association, and they were

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strongly in favor of it as it's bringing a well-known business to help lift up the neighborhood

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and it's not going to have any significant impact on the surrounding neighbors and businesses

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themselves. Ms. Neff is here today and she is happy to testify and adopt the testimony as well.

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Why don't you bring her one to adopt your testimony, sir?

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Brie Neff

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Brie Neff

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Excuse me, I've allowed you to speak

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Please unmute yourself

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Good morning, could you state your name and spell it for the court stenographer

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My name is Brie Neff

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Last name N as in Nancy

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E double F as in Frank

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do please proceed counsel thank you miss neff have you heard my testimony today

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i have uh is it true and accurate to the best of your knowledge it is and if asked to testify

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would you adopt it as your own absolutely thank you questions from the board no mr chairman no

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chair no chair questions or comments from our attorney hillary emerson

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Planning Commission.

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I'm sorry.

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It's all right, Greg.

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Sure.

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Good morning, Chair and members of the Board.

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This is Greg Walden, Planning Commission staff.

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The comprehensive plan recommends no change to the existing zoning at this location,

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which is split between commercial and mixed use and residential multifamily.

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When a property is split zoned, the more restrictive zoning

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designation regulates the property if that zoning district encompasses greater than 20% of the lot area.

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The proposed variance is minimal and does not conflict with the purpose and spirit of the zoning code.

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The proposed variance is minimal and does not conflict with the purpose and spirit of the zoning code.

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The City Planning Commission...

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The City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you. MI 2023-004-008-1607-209-McKean Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you, Counsel.

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Thank you.

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Okay. We're now going to hear three cases together. Number six, number 12, and number 15. So number six is MI 2023-003-952-2553 East William. Number 12 is MI 2023-003-948-2049 East Williams.

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And number 15, MI 2023-003-947-2151, East Williams.

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We have our counsel is Rachel Pritzker or Brandon Sovereign.

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Recommendation of support from the Somerset Neighbors for Better Living.

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A letter of non-opposition from Council Member Squill.

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Good morning, counsel. Good morning. Could you state your name, please,

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to spell for the court stenographer? Sure. It's Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.

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Do you swear or affirm to tell the truth, the whole truth, and not think about the truth?

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Yes. Could you identify a client, a relationship to the property?

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Yes. The client is Finch LLC. They are the owner of the property, or Finch Development LLC. They

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are the owner okay and our vice chair has just a few questions good morning counsel do you agree

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to waive the reading of the refuse or stipulate to his accuracy yes have you emailed in all the

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required documents and exhibits that is needed to proceed with this case five days in advance

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of this hearing yes thank you please proceed to share your screen thank you okay

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can you see my screen we can okay so this is the refusal um the properties are all essentially the

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same that's why we're hearing them together um just to give an aerial view for the board

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um we have 49 51 and 53 um and as you can see it's sort of a pretty blighted and

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vacant block. The refusal is the same for all the properties where we're proposing

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two units on each of these vacant sites. The properties have been vacant since at least

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1996. And there's only been one time of new construction on that block, which was at 2048

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East William Street. The construction of a single family home, which is what is only permitted on

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these properties given the RSA 5 zoning designation, is clearly not viable. You can see the state of

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this block and the lack of construction. And so we're proposing two units on each, which we

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believe is the minimum adjustment from the code, just adding one additional unit so that the

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property, these properties can be constructed and be viable and sort of add to the surrounding

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area. As you can see, there's a need for development and especially residential development.

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There's 33 lots on this block between East William Street, Coral Street, and Amber Street,

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and only four have residential structures and one is a garage. The other 28 lots on this block are

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vacant. Again, so the zoning classification provides a bit of a hardship here given single

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family home designation doesn't allow for any other sort of viable uses. Again, just seeking

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to do one additional unit per property. We met with the Somerset neighbors for a better living

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as mentioned i'm going to get to their letter of support this is the deed and all the zoning

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posters have to come up as you can see again ariel of the site zoning posters on the property

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mailings we did and here we have the letter of support um from the somerset neighbors for a

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And I believe the board has the letter of non-opposition from Councilman Swilla.

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I do want to bring on our architect, David MacArthur, just to go through the plans.

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They're similar for each property.

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Some are slightly turned around, but essentially the same.

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essentially the same and we do have a proviso plan form as we added um some trash enclosures so

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And we do have a proviso plan form as we added some trash and clothes.

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there are proviso plan forms should the board choose to grant the variance

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just want to see if our architect can can jump on and uh yeah do we have copies of the plans

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in the uh exhibit here or do you need me to okay hold on hold on sir could you state your name

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please and spell for the course sonographer oh sure my name is david mcarthur i'm the project

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