civus
Hearing audio

ZBA Hearing - February 24, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 24, 20262h 41m

just holding it for a week there's not really time to hold a meeting so and if i could just be clear

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That is for both 59 East Clapier and 61 East Clapier?

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Yeah.

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Okay.

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All right.

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Thank you.

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Thank you.

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All right.

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Number eight.

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Number eight.

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MI 2025-004-514-3922 Mellon Street.

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Henry Clinton is the attorney.

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um this is a resumptive hearing there is support from mantua civic association

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they'll be back in as a panel shortly mr chair

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morning mr chairman members of the board good morning council could you please state your name

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and spell for the stenographer sure henry clinton h-e-n-r-y clinton c-l-i-n-t-o-n and my client

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Leffler-Dema, L-E-F-T-E-R-D-H-I-M-A is also on the call.

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Right. Do you swear or firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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This is a resumptive hearing. We'll have an update from you regarding revised plans.

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There'll be questions from the board, there'll be public testimony and possibly planning commission.

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Thank you, Mr. Chairman.

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Why don't you start, sir?

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Sure. By way of background, I was here, we were here back in December. It's a request for a three-family dwelling on a 3,900 block of Mellon Street. We're across the street from two, three-family dwellings, albeit that's their own Union Street, to be perfectly frank.

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The subject property is the end of a row adjacent to an alley.

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It's long been vacant.

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I couldn't really establish how long it's been vacant, but I believe in excess of a decade.

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It is one of the two largest lots on the block.

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It's 78 feet deep.

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We have the unanimous support of the Mantua Civic Association, and there's been no attempt

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to build on it from anyone that I talk to in the neighborhood.

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And if I could share my screen, I will walk through the presentation.

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Show the board all the changes.

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Show, show the board all the changes.

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Is his screen shared?

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Not yet.

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Okay.

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There we go.

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Let me see.

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Is that visible, Mr. Chairman?

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It is.

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All right.

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So I'm not going to go through all the table of contents because we have it all.

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Right.

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The key issue here is we've eliminated one of the two refusals.

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We had an overuse of the dimensional aspect of the property.

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We had 83 percent, 84 percent rather.

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We've reduced that occupied area to 75 percent.

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So the sole issue before the board today is is the use a triplex in a single family zone residency.

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There's a letter, unanimous support of Mantua Civic.

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Photographs, which I showed before, it's a vacant lot off the corner of Union Street.

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The two properties here are three-family.

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This is an adjacent two-story property, and one of the concerns was the elevations didn't match,

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and I think if you see all the changes that we made, hopefully the board will be somewhat satisfied.

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This is looking eastbound, vacant lot.

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This is the two-story adjacent.

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This is another three-story on the block at the end of the block, 3902, with a mansert roof, which we are mimicking in some way.

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So here are all the seven changes we've made.

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So we've eliminated the dimensional variance, as I said, reducing it from 84 to 75.

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So we increased the rear yard from 9 feet to 18 feet.

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We've added spiral stairs in the rear yard for an egress well.

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that larger yard permits us to do that for the basement egress. We've eliminated the balconies

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on the second and third floor of the front and the rear because really they don't match the block

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as one member of the board said back in December. We matched the window sizes and location of the

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adjacent property on the first and second floor elevations. We also carried the cornice line of

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the adjacent property onto the subject property, the second floor level, and it's going to be wood

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to match next door. We added the mansert roof at the third floor level rather than going straight

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up, and we installed trash closets in units two and three. So here is the new elevation.

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Again, the windows match up, the corners line matches up, the mansert roof, and here's a side

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view of the mansert roof. I'll blow that up a little bit so you can see it's on a 45, so it's

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setback a little bit, taking away that canyon look that you often get when you get three

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stories straight up on a small street.

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We've eliminated the balconies on the front as well as on the rear.

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And over toward the left side, and I'll blow this up, is the egress well in the rear yard,

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able to enlarge the egress well.

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Actually, not really enlarge it, just install spiral steps to get out of the basement in

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the event of a problem.

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We also have an egress well in the front of the house.

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In terms of the floor plan, it's basically going to be the same as it was prior,

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except in the rear, I have a sliding doors to go out to an egress well to get out to the rear yard.

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The bedroom in the front, there's also an egress well there.

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Unit one will be the basement of first floor.

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Excuse me, there's access to the rear yard from the rear bedroom.

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Go up to the second floor, bedroom in the front, bedroom in the rear, washer, dryer, trash closet adjacent.

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going up to the third floor really didn't change

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let me go down one page really didn't change anything from the last time except the elimination

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of the balconies we still have two bedrooms uh and two baths on the third floor with a

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rooftop deck that is only accessible uh by the unit on the third floor um that's it mr chairman

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and basically tried to take all the comments

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from the board into consideration.

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And I really think the issue obviously is use.

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It's a single family zone.

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We're looking for three families because a lot's large.

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It's at the end of a row, not the end of the street,

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but the end of the row,

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because there's an alley between the west side of the property

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the west side of the property and the homes that the rear yards are on union street

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and the homes that the rear yards are on you.

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and there is another mansart roof on the block so i'll entertain you have your client come on

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and adopt your testimony mr leffler leffler dima can you unmute yourself

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leffler he's on the call they'll be coming back in as a panel shortly

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good morning good morning could you please state your name and spell for this thought

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my name is lefter l-e-f-t-e-r and last name is vima d-h-i-m-a you swear or affirm to tell the

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truth the whole truth nothing but the truth i swear please proceed mr demon were you on the

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call when i presented your revised project yes and if you had the opportunity to testify would

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you adopt my testimony as your own and it's true and correct yes thank you sir questions from the

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board yes um well one i just want to say that i think classifying this as a large lot when it's

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1100 square feet and 1400 is the minimum in philadelphia is a little bit of a stretch um and

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i do want to understand the hardship for three units i also think this is a lot of construction

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for all of the bedrooms to be seven feet wide,

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like they're under eight feet wide,

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which isn't even like a decent-sized bedroom.

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And I think at this point that this is just,

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it's dense to try to squeeze in a lot of units

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on a block that's mostly two-story

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and mostly one family.

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Miss, when I hear you,

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I was not trying to misrepresent anything.

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I'm just saying it's a large lot in comparison

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to the rest of the block.

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And I said, it's one of two.

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here's our lot and here's the adjacent lot and you know they are quite it is quite larger than

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or deeper than the other lots on the block so no no misdirection meant uh at all okay i understood

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and and your comments basically reflect what my notes were from december uh you made similar

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comments and also commented about the elevation uh we we did address the elevation but you did

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I think all of the things that you guys addressed were positive.

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I think it still stands that there's still these things that aren't quite working.

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And I think a duplex would make more sense here.

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I think understanding that it's deeper than the other lots on the block,

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they are not typically, those are undersized lots even for that neighborhood.

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So I do think that looking at that property, I think a duplex would make more sense.

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i understand any other questions any other questions

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questions from our attorney not at this time mr chair questions or comments from the audience

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of the virtual audience i do not see any hands raised mr committee commission do you already

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take a position um yes i don't think we have any additional comments okay um henry we're

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to vote on this next week wednesday morning at 9 30 a.m okay thank you very much very much

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thanks for letting us come back to the board i'd really appreciate it appreciate it so number four

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So MI 2024-006-832-4238-4283 Viola Street, TA-63838.

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Meredith Ferliger is the attorney.

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There's a letter of opposition from the RCO,

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the letter of opposition from Council Member Gauthier,

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Meredith Ferliger, and also Steve Masters is the attorney for the Protestants.

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Good morning.

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Good morning, counsel.

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Could you please state your name and spell for the stenographer?

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Sure.

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Meredith Ferliger, F-E-R-L-E-G-E-R.

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Great. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Mr. Masters, could you please state your name and spell it for the stenographer?

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Good morning, Mr. Chair, members of the board, Steve Masters, S-T-E-V-E, M-A-S-T-E-R-S, with the law firm of JustLaws.

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We represent the Viola Street neighbors and other objectors.

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All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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murder could you identify your client a relationship to the property my client

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is Haverford Square Viola LLC which is the deeded owner of this property and

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and our vice chair has a few questions good morning have you submitted your documents and

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our vice chair has a few questions good morning have you submitted your

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exhibits five days in advance of this hearing yes and do you waive the reading of the refusals and

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stipulate to the accuracy uh yes except this is a referral our referral okay thank you you can

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share your screen proceed with your case so for both councils um you know we have several cases

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and that this is one of the cases

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that's going to be a little bit more protracted.

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And the way we stand now,

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we have L&I review board coming in here at 1230.

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So we have to be done by then.

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So, Meredith, how long do you think

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your particular presentation would take?

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Mr. Chair, I think my presentation

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is no more than 20 minutes.

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I can't, yeah.

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So here's what we're trying to do

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is we're we're trying to hold this to 20 minutes steve and then she'd make her presentation and

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we'd back and you could start with a presumptive hearing when we come back okay i mean there's just

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no other way we can do this so uh meredith why don't you start yes mr chairman if you give me a

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moment? Sure. Just to make sure, can you all hear me okay? I have a new microphone. I just want to

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make sure that it's working. I can hear you. We can hear you. Okay, great. Thank you.

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All right. Mr. Chairman, members of the board, the request before you today concerns 4283

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Viola Street. You have an exhibit packet in front of you up on the screen that contains 19 exhibits,

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which as always we do request be moved into evidence at the conclusion of the presentation.

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I do also have representative from Haverford Square Viola, Mr. German Yakubov, who will come

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on at the end of my presentation. To summarize the basis for today's request, and I'll bring up the

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or the referral, this application requests a special exception for a group living use

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in the RSA 5 zoning district.

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Much of the background information I will provide today may seem familiar to this board

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in light of a prior case that you heard, so I will try and move through it quickly, but

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I do need to repeat everything for the purpose of preserving our record in this particular

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case.

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The deed is included at Exhibit 3 and is up on the screen, and we did also include tax clearance as well at Exhibit 2.

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The aerials of this property at Exhibit 7 show that the property is a vacant lot on Viola Street, just east of Belmont Avenue.

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And you can see here in this photograph, the context, this is the fire station that fronts on Belmont Avenue.

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From the rear of the property, you'll see that this property directly adjoins structures which front on Parkside Avenue.

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And then by way of a more complete context, in the next aerial up on the screen,

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you will see an outline of the applicant's recently approved development on Parkside

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Avenue, which received a building permit in the spring and is currently under construction

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for 48 units.

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And we show you this just in terms of the context because it is highly relevant in terms of

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management of the property.

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At the zoning map at Exhibit 5, you'll note that the property is zoned RSA 5.

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Current street view photographs of the property are shown at Exhibit 8.

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