civus
Hearing video

ZBA Hearing - November 3, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20206h 16m

And good morning everyone. Before I give the opening statement, we're going to wait a few

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minutes to get our list together. We're waiting for Ms. Sunkit. She'll give us the green light.

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Thank you.

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Thank you.

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Thank you.

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Okay, Chair, we have about 30 people we're ready to proceed.

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Thank you. Again, good morning, everyone. My name is Frank DiCicco. I'm the Chair of

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the Zoning Board of Adjustment. I'll be participating in today's hearing along with our Board Secretary,

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Mr. Confessor Plaza, and board members Mr. Thomas Holloman and Mr. James Snow.

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Board Administrator Tanya Sunkit and Board Attorney Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect. First, we will be administering oaths

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to individual participants prior to their testimony. Second, for the benefit of anyone

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

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or testifying. Third, we'd 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. Fourth, for anyone

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participating by phone, if you wish to testify, you must raise your hand by hitting star nine

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and then star six to unmute yourself. I'll repeat, for anyone participating by phone,

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If you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat that as well.

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to enter an appearance statement call google 267-270-5548 and leave your email address

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and the address of the property at issue excuse me with that said we can begin but before the

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vice chair our secretary calls our first case we'd like to ask if anyone is requesting a

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continuance or an appeal listed for this morning's hearing?

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If so, please raise your hand.

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Chair, we have attorney Henry Clinton.

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Mr. Clinton, you can unmute and wait to be sworn in.

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We did receive, Mr. Clinton's case is on the list of continuances that I sent you,

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we received the request in advance. Okay, do we still need Henry or does Henry

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Does Henry have anything to add? If so, Henry, please identify yourself for the record.

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have anything to add? If so, Henry please identify yourself for the record.

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Good morning, Mr. Chairman, members of the board. I don't have anything to add other than

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it's the property address is 2301 North 8th and we're asking for a continuing to continue to

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meet with the community group. Thank you, Henry. This is Sharon. That's number eight on your list.

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Okay, so go ahead. MI-2020-00157. Excuse me. Try again. MI-2020-001577. 2301-13 North 8th Street is continued.

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Thank you, Mr. Chairman.

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Thank you.

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Anyone else?

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We have Sloan Folks. Mr. Folks, you're going to mute yourself and wait to be sworn in.

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Good morning, Mr. Folks. Please identify yourself with the records, spell your name, and I'll swear you in.

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Good morning, Chairman Tachico and the ZBA Board. My name is Sloan Folks, S-L-O-A-N-E, Folks, F as in fire, O-L-K-S, the Office of Councilor Maria Quinonez Sanchez, Room 508, City Hall.

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Thank you. Swear and affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Chairman DiCicco, on behalf of the RCO, who's also sent a letter, we are requesting a continuance for case number MI-2020-000349, 3009 North Front Street.

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The applicant has met with the RCO, but the RCO, actually the meeting was held October 26th.

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At the outcome of the RCO, the outcome of the meeting was that the RCO did not have enough

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information to make a decision whether to support or to oppose the request.

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um what they they requested several things from the uh applicants um uh in anticipation of a

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secondary meeting um and one of the a few of those things include um more outreach to the

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neighboring neighboring properties um a an ada um uh plan um as well as an idea of who is going to

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be renters for the property thank you and that's a 3009 north front correct yes sir all right

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is there anyone else uh related to uh 3009 north front street sure this is sharon saletta we did

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receive the letters from the rco and the um and the councilwoman but since this is a third party

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request if we could confirm whether anyone is here representing the applicant um we did not receive

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exhibits one out there who represents the applicant no hands up at this time thank you so

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mi 2020 dash 000349 3009 north front street is continued thank you sir thank you anyone else

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uh real quick mr chair also if anyone here presenting the case today hasn't met with the

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rco please come forward now and explain to the board thank you thank you confessor

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chair there were also two additional cases that i emailed you though so recently you might not

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have received them brown street or no north 15th 3649 brown street is the first one that's on your

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add-on list they've requested a continuance also see number eight and number 14 okay that's high

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Street, correct? Well, I'll add that in with the rest of the list when I read them off.

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Okay, thank you.

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All right.

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We have Leo Mulvihill. Leo, you can unmute yourself and be sworn in.

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Morning, Mr. Mulvihill. Please identify yourself with the records, spell your name.

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Good morning, Leo Mulvihill, M-U-L, V as in Victor, I-H-I-L-L,

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It's 2424 East York Street, Suite 111, Philadelphia, 19125.

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I'm here today on 3649 and 3651 North 15th.

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Correct.

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Correct and you're asking for a continuance correct? Yes members of the board we had previously

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And you're asking for a continuance, correct?

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Yes, members of the board.

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presented these projects to you after an initial community meeting where we were not allowed

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sufficient time to present. We were given basically 10 minutes and then we were cut short.

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We were asked to come back for a second meeting. There was a scheduling mishap whereas I was still

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in front of the zoning board and I believe that the next community meeting was a different day

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than it actually was. So I'm going to request that we continue to hold these until such time

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that we can have our formal community meeting with the RCO. The ones we heard last week?

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Chair, this is Sharon Saleta. These cases are listed on the add-on list that I sent you.

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Yeah, we have that, but we heard these last week, if I'm not mistaken, correct?

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Correct. Okay. All right. Is there anyone-

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on 1014 I believe oh pardon me two weeks ago then two weeks ago all right thank you all right so MI

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2020-000-551-3649-North15 and MI 2020-000-686-3651-North15 are continued

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um chair i would ask um if this is tanya that um attorney movahill uh inform me when he's ready to

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go forward uh that way we would put it on whatever week as opposed to doing a continuance yes and as

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i recall members of the board this was a case where we do not have to repost as the record

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had been closed, but for the community feedback?

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Yes.

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That's correct.

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Yes.

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Yeah, that's fine.

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This is Sharon.

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The only problem with that is if we don't announce the specific date, it will have to

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be reposted.

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Do we need that date now?

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You can leave it open and repost or announce a date, in which case it wouldn't be necessary.

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If we could get a date in early December, that would be ideal, as I believe that will give us sufficient time to meet with the community group.

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Okay, how about December 1st?

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9.30.

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That's a good date.

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Okay.

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Is that 9.30, Tanya?

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Yes, Chair.

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Okay, so we'll go back again.

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MI 2020-000551-3649-NORTH15 and MI 2020-000686-3651-NORTH15 is continued to December the 1st at 9.30 a.m.

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If I could just clarify, not continue resumption hearing.

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resumption pardon me resumption hearing to take place on december the 1st at 9 30 a.m

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what numbers uh were those they were on the add-on list that show this morning

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and members of the board i have one other case to address as well

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okay that is a property address three six four three north 19th street

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i don't see that on our for 9 30. oh i'm sorry that's for 2 p.m list members of the board okay

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no problem we notice you're not we don't have a visual of you i don't i wasn't given the

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opportunity for the continuance request, members of the board. So I think that's just audio only.

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And if that's it, then I will go back to muting myself. I'm waiting for my next case to be called.

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Okay, thank you. Thank you.

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Any other requests, continuances, or withdrawals?

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no more hands up thank you confessor i'm going to go down the list that was given to me earlier

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and then we'll proceed um mi 2020 that's 0003401530 west champholst avenue is continued

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MI 2020-000307, no, I'm sorry, skipped that one, sorry about that.

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MI 2020-000338-526

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That's 000338-526-High Street is continued.

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I believe that's all I have. Did I miss any?

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I believe number nine.

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i think we already number nine i just

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that was uh we already did that one that's one where

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i believe the councilwoman's office had asked we already went with mr folks we did that one

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any other requests

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and did i leave anything out tanya and or sharon not from me i'm ready to not not that i sent you

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um i wanted to tell you i'm having connection issues so if i don't answer something right away

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that's the reason we're ready to go yes all right uh mi 2020 that's zero zero one five five three

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1234 South Harmony and MI 2020-001554 1232 South Harmony.

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here i've promoted henry clinton

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morning again mr clinton i i think we already did we swear you in no sorry no okay please

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identify yourself with the record and I'll swear you in. Good morning Mr. Chairman, members of the

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board, Henry Clinton, Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 19146.

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Swear and affirm to tell the truth, the whole truth and nothing but the truth? I do. All right

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Mr. Plaza. Mr. Clinton, you agree to waive the reading of its refusal and stipulate to its

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accuracy? I do. Thank you. Also have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal or referral photos and plans five

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days prior to this hearing? Yes, I have. Also, have you emailed and have you met with the RCO and have

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a letter? Yes, I have, Mr. Plaza. Thank you. Please proceed. Thank you. Ms. Sunkit, may I share my screen?

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Ms. Duncan, can you see my screen?

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Ms. Duncan, yes, we have it up.

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Thank you. Good morning, Mr. Chairman and members of the board.

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With me to my right and six feet behind me and masked is the principal of the applicant,

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Lou Achiavati, and he will be here throughout the testimony. This concerns two properties

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in the Forgotten Bottom area of Grace Ferry, which is on the west side of 34th Street.

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I have included my presentation binder for Exhibits AA through 810, my appearance statement,

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Refusal concerns the fact that most of this area is zoned I-2, which is industrial, and we're proposing, consistent with what is on that block, at least on the west side of that block, we're proposing two single-family homes on these long, vacant lots.

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Here's the elevation of the property, trying to be consistent with the neighborhood, double-hung windows, red brick.

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This is our zoning map indicating the rear yard would be 7 feet, and frankly, the rear yard gaps are going to be 10 feet, even though the descriptions on the D do show a rear alley.

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The homes on both sides have really encapsulated that alley,

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so no one is really using the alleys at the rear of this building.

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There are some more photographs for perspective for the board and for the chairman.

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Right next to us to the south is a brand-new construction.

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Some of the other homes are still in need of updating,

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which I think that's going to happen over time.

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Floor plan, we're not going to have any basement.

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This is going to be on a slab, living room, dining room, kitchen, first floor, rear yard, two bedrooms on the second floor, third floor, master bedroom, and a roof deck.

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A cutaway view, we're not asking for any relief with regard to height.

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There's the deeds indicating that Mr. Acciavati, who is with me, is the owner of the properties.

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Tax certification, our application for appeal.

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Our zoning map, here's the property.

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You can see the whole area is I-2, trending toward residential.

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Here's our certificate of mailing, all of which have been pre-submitted.

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So I'm willing to answer any questions that the chairman or the board has with regard to this project,

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as is my client, and I can get him to adopt after there are any questions.

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Thank you.

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Let's get him to adopt your testimony, and then I'll find out if there's any questions.

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Mr. Roger Voddy, have you heard my testimony?

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Henry, ask him to spell his full name, please.

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Sure.

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H-C-C.

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I don't have him.

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Ms. Sunken, he's with me right behind you.

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All right.

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Sorry.

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Okay.

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Will we start over?

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Yeah.

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In fact, Henry, you could spell his name, but it's a little easier to hear if you spell

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his name for it.

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A, C, C, I, V as in Victor, A, T as in Thomas, T as in Thomas, I.

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Thank you.

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And Mr. Achiavati, you swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you.

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Mr. Achiavati, have you heard my testimony today?

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Yes.

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If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you.

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Questions from the board?

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No.

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no no would anyone else like to testify in this case if so please raise your hand

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no hand thank you planning commission good morning david fecto f-e-c-t-e-a-u with the

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city planning commission david do you swear to the firm to tell the truth the whole truth

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