civus
Hearing video

ZBA Hearing - October 1, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 1, 20252h 39m

However, I did not see that as part of this application.

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This application was only for a change of use.

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So I just wanted to make sure that you're aware if you want to add parking spaces, you will need to seek a separate zoning permit application for that because that will require streets review.

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That will require plans.

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um so i just want to because i saw it on the plans but it wasn't included in the application

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so i just wanted to make sure that you're aware that would have to be a separate application

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because of the way this one was filed okay okay yep i appreciate that so i'll get on that as soon

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as possible um yeah i appreciate that information okay all right thank you questions or comments

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from the virtual audience i see no hands share planning commission thank you chairman and good

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morning david vecto with the city planning commission chairman and board members the

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comprehensive plan recommends a change in zoning at this location from cmx2 commercial mixed use

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to rm1 residential multifamily the city rezoned this neighborhood in 1971 the proposed rm1 zoning

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would not require a commercial ground floor in 2018 the zoning board granted a use variance to

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allow a ground floor dwelling unit. This is a primarily residential block face. The City Planning

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Commission recommends that the Board grant their proposed use variants for not including a commercial

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ground floor. Thank you. MI 2025, 003-329-4601 Taconi Street, I vote yes. Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes. Ryan McAdams, my vote is yes.

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Ty, I win. My vote is yes.

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Thank you, sir.

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Number six.

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Thank you, sir. You have your votes.

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All right. Thank you. I really appreciate you guys.

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Thank you.

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Number six, MI2025, 001-833, 2237 Cybert Street, TB104520.

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Joseph Consul is the attorney.

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There's Brewery Town, Shardswood has an email attached.

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A vote of four in support, three in opposition.

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Mr. Consul, could you please state your name and spell for the sonographer?

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Yes, it's Joseph Consul.

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It's J-O-S-E-P-H, last name C-O-N-S-O-L-E.

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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.

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Mr. Consul, could you identify your client and the relationship to this property?

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My client is Chivetta Property Group.

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The representative from Chivetta, Michael Tomasetti, is in the audience.

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Tanetta Graham has a few questions for you, sir.

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Hi, good morning.

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

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I have.

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

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Well, I think I need to just talk to Hillary real quick about that. So preliminarily, the same day that this refusal was issued, my clients also received full building permits for the properties that are subject to the subdivision that's here.

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so the refusal states that the property that we're seeking the dimensional variances on

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is pre-existing but as you'll see in the photos it's been reconstructed already as part of a

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larger subdivision so i'm hopeful that i don't have to go through some rigmarole to get the

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refusal amended i i think to the process but no no no i understand so i mean if they they

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so there was an existing structure there and it's just that it wasn't torn down and rebuilt was it

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not yes you'll as you'll see in the photos it what it's parcel f is listed as pre-existing

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it's parcel f is listed as pre-existing and that's what we're here for because it did generate two

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and that's what we're here for

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dimensional variances however they were also on the same day issued a building permit for basically

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the whole block and the work that they did okay there so you'll see in the photos that the works

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been done already okay i mean as long as they have because i i did see that there there was

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a subdivision already and then we're subdividing part of the subdivision yeah so i i mean as long

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as they have their their building permits for that um and they had the zoning permit for the

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subdivision um you know i i think we should be fine um then yeah this process is required for

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us to get an approved opa number so they can move forward with selling the property no that makes

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sense and then the further subdivision because the one lot being the existing and then a new build

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here correct yeah so they took a larger lot from a subdivision from pha and are subdividing that

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themselves to create three structures which okay we'll talk about right now okay yeah no i i think

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i think we should be okay if something comes up along the line please please let me know but i i

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think we should be okay okay thank you this is why i wanted mike in the audience because he can uh

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hear what hear what we're saying right now um all right

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i didn't come out right mike but um no that's what it is all right so i'm going to share my screen

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okay joseph consul for chivetta property group michael thomas said he's in the audience as

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mentioned so up is our exhibit packet uh the property that we're here for uh 2237

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Seabird Street is part of a larger subdivision from the Philadelphia Housing Authority that

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has become the property of my clients as part of the workforce housing program that Chivetta

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develops. As the refusal on the screen states, we are seeking two-dimensional variances related to

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this subdivision. So 2237 is a parcel that's being subdivided into two homes. Those are

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parcels E and F. And I guess because we got some folks on the call that know how to read these

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things, I'm showing you the subdivision plans that generated the refusal. It's weird the shape of

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the the before but the after is parcel f on the left parcel e on the right and parcel g uh in in

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the back i can bring that back up if someone like you know michael johns wants to look at it again

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but back to the refusal from what uh that subdivision is what's being created is a parcel

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E for use as a single family household living that did not generate refusal and what's listed

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as parcel F and which I'll show you in a second and what has generated the two-dimensional

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refusals is at the time this was filed was an existing three-story home that my clients

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have redeveloped into a two-story with a setback for the third floor home as a single

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family home and the two variances that we need are the minimum lot size for rm1 is 1440 but the

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proposed uh and what had always existed uh lot size was 750 square feet and furthermore minimum

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required is 16 feet in rm1 and um what's always existed and what has been built on is 15 feet in

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with. As mentioned, my client is Chivetta Property Group under contract with Philadelphia Housing

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Authority to develop this site and surrounding sites as part of the workforce housing initiative.

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We included the sort of confusing deed that surrounds this property as one of our exhibits.

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The land was conveyed by PHA for the express purpose of creating new affordable single family homes. This is not a standard market rate developments public private partnership aimed at creating homeownership opportunities in this neighborhood.

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As mentioned, we met with brewery town Sharswood, we got their letter of non opposition as is attached here.

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I'll prove the mailing

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photos of the posters. I'll zoom back to give you a full view of this project. Again,

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photos of the posters. I'll zoom back to

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you can check the dates, but the refusal on this was the same week that the building permit

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for the development of these properties was approved. So that's the after.

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i'll real quick not to give you vertigo but scan down to the before

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uh which that's hold on that's what it looked like you can kind of see that uh

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sort of gray and white blue door building there and then there it is also there

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the plan of these properties is all similar this one's labeled 2221 through 23 Seabrook Street

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however this is the layout of this property as well to the extent that the board is interested

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I have a video of one of these models you know having models that that they can show

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is a part of their business so we do have an interior walkthrough of one of these models

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if anyone if you want me to to play the video it's about a minute

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but we don't have just individual photos of the interior of the specific property

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so as mentioned parcel e is a new fully conforming single family home that exists

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parcel f is what we're here for and parcel g in the back is a vacant lot and that's how it sits

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right now. Also in our packet, let's see, I included the deed, as I mentioned.

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Actually, I believe practically that's it. And this is the

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model walkthrough of these models though not specific to this property it is

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they're two-story with the third story setback property so this property will be identical

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and while you're looking at it we believe the variance is appropriate the property existed

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prior in the exact same footprint as we're seeking approval for and that's it with that

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i could uh call my client to adopt my testimony and answer any questions the board has

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if you would turn the mic on please oh good good okay oh now it's great okay good

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Good. Thank you. Could you please state your name and spell for this? Yeah, my name is Mike

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Tomasetti, T-O-M-A-S-E-T-T-I. You swear or affirm to tell the truth, the whole truth and nothing

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but the truth. Yes. Counsel? Good morning, Mr. Tomasetti. Did you hear my testimony just now

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regarding 2237 Seabird Street? Yes, I did. Do you agree with what I said and do you adopt it as

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your own? Yes, I do. Nothing further. Questions from the board? Yeah. Could you, do you have a

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diagram that depicts the lots, A, I mean, F, E, F, and G, because the ones you showed,

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like, I only see G, like, is that, can you make that smaller, or?

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Oh, E is where my cursor is.

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Oh, okay.

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We're over here, F. As I mentioned, I stare at a lot of these for this specific client,

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and the way it got, came down from the BHA

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and how it got subdivided twice.

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It's weird that this is part of the same subdivision,

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but it's accurate.

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Okay.

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That's the only way to say it.

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Other questions?

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No questions?

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Other questions.

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So do you know what the opposition was at the RCO meeting?

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There was no specific opposition.

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opposition i for lack of a better way to say it there's a certain sense that there

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other folks want to be developing these sites and we think that there's some opposition generally

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because we get a similar opposition to these variances which is not specific it's just on

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the idea that they and again i don't even know who they is and i don't know how to i'm just trying

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to say this very carefully but it seems like folks don't want this occurring if they're not

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the ones that are doing it if that makes sense but there was nothing specific to this property

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the ones that are doing it if that makes sense but there was nothing specific to this property

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all the questions questions from our attorney hillary emerson not at this time

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mr comments from the virtual audience i see no hands chair planning commission

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thank you chairman and good morning david effecto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rm1 residential

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multifamily zoning at this location. The zoning in this neighborhood dates to 1933. The code

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requires the appellant to meet the dimensional standards in this district, 1,440 square feet,

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while the proposed lot area of parcel F is 750 square feet. Roll home lots on this block face

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range from approximately 530 square feet to approximately 880 square feet, and the proposed

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lot width is minor and in keeping with the purpose and spirit of the zoning code. The city planning

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Commission recommends that the Board grant their proposed dimensional variances for minimum lot

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width and for lot area. Thank you. Numbers MI 2025 001 833 2237 Cybert Street TB 104520. I vote yes.

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Michael Johns, my vote is yes. Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes. Tyowyn, my vote is yes. Thank you, Board. Thank you, Council.

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Awesome. Have a nice day.

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So, number two, MI 2024-001-843-2055, Shelton Avenue.

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Gabriel Fellis is the attorney.

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This is a resumptive hearing.

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Gabriel Fellis is coming back and is a panelist now.

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Okay.

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good morning mr chair good morning council um council this is a resumptive hearing

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and um my understanding that there will be a presentation uh from the appellant who you

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represent there will be questions from the board uh there will be public testimony and um and we'll

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We'll check to see if there's any changes to the plan and commission's recommendation.

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If you would, could you give us, before you start your update, could you give us a quick overview?

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Yeah, absolutely.

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So, like you said, it was up to the hearing.

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The board initially heard this proposal in August of 2024.

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So, yeah, so the applicant met with the Oak Lane and Worcester Community Coalition in August 24,

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about a couple of weeks before that CBA hearing.

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received a vote of non-opposition with several provisos and I think at the end of that meeting

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in 24 the board really just needed formalized site plans I don't think there was any plans

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submitted with that application so now we have them we have Charles Kerr in the virtual audience

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the architect from InEarnest who actually prepared those plans and he's actually going to walk you

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through the plans that we have I'll make it as quick as quick as possible we can just go through

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those plans and then um if you guys have any questions for me or for charles or for the

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applicant i'll open up to questions so why don't you start your excuse me mr chair did you swear

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in mr fellis did i okay could you please state your name and spell for the stenographer

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gabriel fellis g-a-b-r-i-e-l do you swear good oh f as in frank e-l-l-u-s do you swear from

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tell the truth the whole truth nothing but the truth i do please proceed okay thank you mr kelly

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for letting us know we hadn't sworn him in is he on great i'm also if uh if we could i would like

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to also uh invite charles kerr who's in the virtual audience uh top on as well um to provide

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some some background on the plans that he prepared you want your client to come on no no so charles

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kerr is the architect from inner from in earnest um who prepared the plans that um the board

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is he on please should be coming back in as a panelist now chair thank you

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good morning council good morning would you please state your name sir and spell for the

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sonographer. My name is Charles Kerr, C-H-A-R-L-E-S, last name K-E-R-R, and I am the owner

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of In Earnest Design. Do you swear or affirm to tell the truth, the whole truth, nothing

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but the truth? I do. Please proceed, counsel. Okay. All right, Charles, I have up the plans

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all right charles um i have up the plans that you prepared um i will walk through them or

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that you've prepared. I will walk through them or not.

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have you walk through them you just let me know where i should navigate to okay sure sure so we

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will start on the uh the zoning sheet so as you can see it's a corner lot at the corner of chelton

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and woodstock uh it is a three-story building uh if we could switch to the floor plans the next page

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uh this is the uh lower level uh the front half of the basement area is the commercial space

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uh that is the uh plan number two left hand side of the stairs uh the right hand side of that plan

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is unit one the first of four residential units with a large egress well towards the rear yard

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If we could go to the next floor plan.

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The top floor plan is the first floor commercial space with main entrance from the Woodstock Street.

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And then behind that is a set of stairs, common stairs for the building.

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Behind that is unit number two, which is a handicap unit because this is four residential units.

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one of the units is required to be fully handicap accessible. Part of this is a large

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ramp that goes up the sidewalk to the front door of the residential that leads to the first floor

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