civus
Hearing video

ZBA Hearing - April 14, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 14, 20214h 16m

Can you see now?

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Yes, it's starting to happen.

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All righty, so here is a copy of my review.

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The screen's still not up.

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Here's a copy of the page.

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Your screen is still not up.

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Hmm.

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It says you're sharing.

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sharing. Now it is. Okay. So this is the refusal here. This here is a copy of the deed.

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Okay. Let me see what else I have here.

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sorry this is this is my first time uh using this okay so here's a copy of the deed and then here

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Here you have the project information form.

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And then this is the letter from the RCO voting in opposition.

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Here are photos of the property.

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This is the front of the property here.

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copies of the zoning notices. This is just a showing the property along near the other

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properties on the block. The same an exterior view of the property here.

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Then you have the, this is an office. Pretty much I purchased this property in September 2019.

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It was set up as a small office, which you see here, and upon the second floor.

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These are just pictures of the office.

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What's seeking is a use permit to be able to use this as an office.

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March of 2020.

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okay so it's been used as a let me see here where do i have this it's been used at this is a

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this is the layout of the property it's a small reception area

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a small office area nine by eleven and then you have a small bathroom in the back there

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this is it was the last time that it was able to be used as an office space was in 2014

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which you can see here and at some point that lapsed um it was last year as a multi-service

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business miss velez when it was being used back in 2014 uh was there an apartment

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also or was the entire first floor used as uh there was an apartment

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oh okay so it's always the pretty when i purchased it was set up this way it i believe it's been set

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up this way since the 60s um so it was always an apartment and a small commercial office on

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the first floor so this is pretty much the office space here um let me see here so yeah so it's been

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it's been set up this way it's nothing that i've altered this is the way that i purchased the

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property um i do have i the the rco didn't uh they voted in opposition because they wanted the

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area to stay residential but there are um there are other businesses really close by i'm showing

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a folder two properties down from uh 309 north front street you have here a restaurant

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Could you scroll up? We're not seeing it. Could you scroll up? We're not seeing the other properties.

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Okay. Can you see it now? No, no.

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Okay. Can you see it now?

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And the photographs you were showing us was that were they pictures of the apartment or the office? Some were the office or was it?

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I saw you.

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It was just of the office.

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Yes.

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Do you have any photographs of the apartment?

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Yes, the office.

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Are you able to see?

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Of the apartment?

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I do.

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First floor apartment.

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Let me see here.

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Okay.

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Give me one moment.

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Let me see how I can go in here.

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Okay.

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Just bear with me a moment.

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Okay.

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Okay, here we go.

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Okay, I'm just moving this up now.

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are you going to need some technical assistance okay

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are you able to see this

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are you able to see photos here we only see a portion of photos that i have

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up you see a portion of the front of some buildings

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on the left hand side the rest of your screen is black you can't see anything

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maybe we skip this and come back the two o'clock list will be witching hour

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okay now we now we see the inside of the building

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is that the those is this the apartment okay

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it's just showing us the first yeah this is the apartment here i'm wondering if it's

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time we see the kitchen yes this is the this is the apartment it's just one apartment here

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okay perfect i'm wondering if maybe it was my internet connection okay so here you have the

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the kitchen here it's a the kitchen um this is again the kitchen

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let's see here the kitchen photos okay this is um the upstairs so it's pretty much

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all we see is the first floor kitchen now we see the upstairs but that black block keeps coming up

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okay can you see it now that the first is this the first floor or the upstairs apartment

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this is the upstairs so the first floor is just you walk into a kitchen area and then you have

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here the second floor is let's let me stop you yes this is uh ma'am ma'am just just hanging

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sure the first floor you said you stepped into a kitchen is there a bathroom

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for the first floor apartment yes there is a bathroom is there a bedroom

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there's there's one apartment there's one apartment it's one by level apartment

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so first floor rear of this property is attached has a second a bi-level unit

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yes

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yes so it's just one apartment that's bi-level on the first floor you you walk in a kitchen

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dining area then you go up the stairs and then you have three rooms there

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two of which could be used as bedrooms and one which could be used as a living room and there's

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also the bathroom there as well and then there's another apartment beside that

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nope there is just one small office space on the first floor front and then a bi-level

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two-bedroom apartment that take up the back the rear of the first floor and the complete second

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for okay unless i misunderstood you i thought i heard somewhere that the application had to do

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with two apartments that's that's not correct am i right one apartment and one office

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is that correct yes that's correct yes that is correct

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yes that's correct yes that is correct I didn't mean to interrupt you I was just

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totally confused when I only saw the kitchen all right I understand it's perfectly fine

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I'm going to continue with the apartment photos

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okay so here you have the hallway area of the second floor

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uh and then let me let me stop you could you go back to that photograph i'm going to stop you

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just want to ask a question sure go back to that is this the one no we need the we need the

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photograph of that one yes that's it those that look no not there

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the hallway the one that came after this

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got it i'm i just put it on now i think there may be a delay when i'm bringing

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those is that staircase lead to that kitchen you showed us

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yes it does okay so that's the buy level okay now i got it better on this okay thank you

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all right you can we know what the office looks like this is really one apartment one office and

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want to partner is what you're coming in for correct yeah do we know what kind of all pretty

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much uh mr chair maybe i missed that okay so it was previously

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it i'm sorry if i could interrupt for one second a multi-section she's on delay or yeah it's like

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a big delay and you guys are talking over each other i just want to make sure that for the record

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we're very clear at what's being asked and answered okay so miss velez what type of office

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is that maybe you said it and i did not hear it

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i'm looking to have it um i would like to obtain use for uh just an office space i have

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currently a person that's interested in renting this space as a locksmith um as a locksmith office

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so they would just be using the office space and no one would be they wouldn't have customers in

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and out. They just pretty much be using it as an office space. I have another question. You may

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have answered this. Is there a separate entrance into the apartment? I think you showed that in

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the diagram. So the office and the apartment are separate, correct? Yes, they are separate. There's

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a hallway that separates them um there is a hallway that separates them all up the uh

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okay all right i think we got to pay any questions from the board no no no all right so hold on miss

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velez we're going to ask some questions uh anyone have any uh would like to testify in this case

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please raise your hand there are no hands at this time chair

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Okay, and this place was used up until what, 2014, I think you said, and there are other commercial on that street as well. All right, Planning Commission.

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Ron Bednar, City Planning. The property is indicated for residential use on the city plan. The applicant has not demonstrated necessary hardship regarding the code requirements. No unique physical conditions to this site, not created by the applicants themselves.

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The application is an inappropriate non-conforming mixed use. It's not consistent with our adopted

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district plan. Signage is out of character with the remaining residents on the block. Therefore,

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we recommend the request for variants not be granted. Thank you. Ms. Velez, one more time,

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you were trying to show us some of the other properties on that street that are being used

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as commercial could we never saw that photograph could you show it to us okay yes I will I'm going

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to pull that up now this when you purchased the property it was in its current configuration

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correct yes I haven't done it to alter it this is how it's been it's been this way for a very long

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time.

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Ms. Velez, I am going to cut your video that might help with your internet.

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I am going to cut your video.

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Yes.

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That might help with your internet.

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Okay.

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Okay, got it.

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That sounds good.

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Oh, should I show the first?

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I just want to pull this on here.

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So that you're able to see the photo of the businesses in the area.

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They're very close.

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thank you for bearing with me here

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okay all right i'm pulling up the photo now showing the other businesses i mean there are

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other businesses right in the area

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this was literally two properties down from mine

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okay

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miss velez we still see the black screen two o'clock list

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are you able to see now now there's a part a black screen and a portion of what looks like

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the hallway all right all right i'm screen sharing and maybe because of the delay all right all right

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we're gonna move on uh mi 2020 excuse me mi 2021 that's zero zero one five one three three zero zero

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nine north front street my vote is yes with the proviso a temporary variance

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to expire may 1st 2024 my vote is no

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yes or proviso yes with proviso

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Do I go back to Brett Feldman?

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If he's ready, if not, move on to the next case.

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Mr. Feldman, are you out there?

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Let's go to Sean Ward's case, the number eight, Carol, then we'll come back.

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Thank you.

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Calendar number is 0953, 3251 Cedar Street.

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The attorney is Sean Ward.

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Mr. Ward is being promoted to panelists.

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Okay.

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Okay.

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Mr. Ward, can you put your name and address on the record and spell your last name, please?

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and unmute yourself is that better okay yes it is a lot better good afternoon mr chairman

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members of the board sean ward on behalf of the applicant bill shiffler uh for 3251 cedar street

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my address is 331 east street road trevos pa 19053 i've instructed mr shiffler to raise his hand that

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way the administrator can identify him uh when it's time for him to verify and adopt so thank

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you at this time i'll share my screen okay well you're still under oath and you i'm sorry carol

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yeah whoops you have do you agree to waive the reading of the refusal and stipulate to its

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accuracy yes i do have you emailed the exhibit packet with proof of ownership tax compliance

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a copy of the refusal or referral photos and or plans of the property five days in advance of

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this hearing and have you met with the rco and do you have a letter yes to all the above

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okay um there's a there's a letter of support from propac and a letter of non-opposition from

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yes there is from councilman o'neill i'm sorry i mean councilman squiller i'm sorry

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Sean, are you standing in the street?

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Yeah, Mr. Chairman, I...

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This presentation is brought to you

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by the Green Pirate Newtown.

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That's what I thought.

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That's my sponsor.

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I'm sure it is.

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Mr. Chairman, the district councilman's letter,

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I did not have a copy of it,

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but I included that in my exhibit list.

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I would ask that that be marked as 810.

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But very quickly,

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I've submitted my typical exhibit packet. A1 is the notice of refusal. It's a permit for a

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fitness gym, which falls under the personal services category. Let me load this up so you

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guys can see it better. It's in an I-1 district, and accordingly, we need to use variance.

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It's in an I-1 district, and accordingly, we need to use variance.

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A-2 is the ZBA appeal form.

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A-3, the project information form.

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A-4, proof of ownership.

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A-5, tax clearance.

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A-6 is a site plan.

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A-7 is a key plan.

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A-8 are photographs of the property.

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A-9, separate from the packet, is the PRO PAC letter.

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A-10, separate from the packet, is Councilman Squill's letter.

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Very briefly on the relevant zoning history, Mr. Carey, the owner of the property, purchased it in 2011.

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A variance was granted by the board for a medical office and rehab center in 2012.

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Additional variance is granted in 2013 for the creation of tenant spaces to include the previously approved medical rehab,

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