civus
Hearing video

ZBA Hearing - May 29, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 29, 20244h 53m

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okay chair we have 53 attendees you can proceed as you wish thank you good morning everyone my

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name is bill bergman and i will be chairing this morning's eba hearings with me as our vice chair

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ismail shaheed president mr chairman our board member thomas holliman president mr chairman and

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our board member, James Snell. Present, Mr. Chairman. Also present is our attorney,

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Hillary Emerson, and our executive director, Tanya Sunken. Here's our virtual format. Proceedings

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are being recorded. With your participation, you agree to be recorded. Video will be available by

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contacting tanyasunken at phil.gov. For our court sonographer, we ask attorneys and witnesses to

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identify themselves before testifying. If you're participating by phone, press star nine to raise

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your hand and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave

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your email address and the address of the property in question. And finally, the question box on the

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screen is not for comments or testimony. All comments should be directed to our executive

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Director, Tanya Sumpkin. Let's look at our schedule for today. Number one, MI 2023-003-382-6340

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Musgrave. This case is continued. Mark must be heard. Number three. Hold on one minute.

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Number three, MI 2023-003-477-4231-61 North 5th Street. That case is continued.

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Number five, MI 2023-003-524-5618-22 Chew Avenue. Darlene Treat is the attorney.

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I believe this may be a request for a contingent.

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Counsel.

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Good morning, Jared.

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This is Nadia, and I'll be your co-host today.

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Thank you.

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Darlene Treat has been allowed to speak.

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Good morning, Counsel.

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Could you please state your name?

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It's spelled for the court sonographer.

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Good morning, Commissioner.

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Darlene Treat, D-A-R-L-E-N-E, Treat, T as in Thomas, H-R-E-A-T-T.

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Right.

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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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Yes, I do.

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I understand you want a continuance for this case?

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Yes, Commissioner, we had to change civic associations.

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We had a meeting scheduled yesterday.

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It had to be canceled.

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And this is an all parties request for continuance.

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Thank you very much.

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So MI 2023-003-524-5618 to 22 Chu Avenue.

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That case is continued.

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Number six, MI-2023-005-953-5646 Cedar Avenue, that case is continued.

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And number nine, MI2024-000127, 5458 West Burke Street.

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Leroy Wichert is the owner applicant.

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Could Mr. Wichert please come on?

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Leroy Wichert has been allowed to speak.

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

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Sure. Leroy, L-E-R-O-Y, Wichit, W-H-I-T-C-H-E-T-T.

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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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Yes, I do.

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Sir, is your case ready to go on today? I understand.

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I think I have most of my materials in. I did not receive the public meeting, but I submitted all my other documents. I guess I'm still waiting for my tax clearance certificate.

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And you also, the RCO meeting has not been held?

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Yes, the RCO meeting has not been held. I have reached out to the RCO and left messages and I haven't received a date for the.

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Yes, the RCO meeting has not been held. I have reached out to the RCO.

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OK, so so we're going to continue this case.

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If you have any questions about what you need for for the hearing, please feel free to call the office.

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OK. OK. So and my 20, 24, 0, 0, 0, 1, 2, 7, 54, 58 West Burke Street.

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That case is continued. And number 12, MI 2024-000-179-1514-16 Church Lane, that case is continued.

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Are there any other requests for continuance or any comments about the cases we continued?

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I see no hands.

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Okay. We also have a few cases here with no exhibits. MI 2023, this is number two, MI 2023, 003440, 1624 Naples Street. We have no exhibits.

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this case was continued back in December

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is Mohamed Montagher

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in the audience

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Mohamed Montagher has been

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allowed to speak

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Good morning sir, could you please state your name and spell for the

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court stenographer? Good morning sir, my name is Mohamed

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M-O-H-A-M-M-E-D

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and last name Montahar

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M-O-N-T-A-H-A-R

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1624

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Okay, do you swear or affirm

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

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Sir?

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Yes, sir. Sorry.

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Yes, please.

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So, we do not have

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we have a letter from the

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Ron Horst Civic Association

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saying that there has been no meeting.

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Yes, sir.

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I didn't

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hire a lawyer

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because I went to the lawyer

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this time they want a lot

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of money from the case

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more than $10,000

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so I didn't

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able to hire a lawyer

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so I submitted all of the papers

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of the

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GPA board and

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they told me then

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you meet the meeting then after then they'll talk

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about you

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so you're going to have to have

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civic association meeting, and you're going to also have to make sure that all of your paperwork

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is put in. We're going to continue this one more time, but the next time this case has to be heard.

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Do you understand? I understand, sir, but one question, sir. I didn't understand a lot of

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paperwork there, so when I went to the lawyer, they had a lot of money. Okay, so here's the thing.

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If you have any questions on what you need, call the zoning board office.

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They will try to help you, but we're going to have to continue this case today, sir.

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I'm sorry about the lawyer, but they'll tell you how you can present this yourself if you can, okay?

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Okay.

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So MI 2023-003-440-1624, Naples Avenue.

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This case is continued.

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Mark must be heard.

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And number four, MI 2023, 003-495-3911-19 North Fish Street.

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Augustina Marina is the listed owner.

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No exhibits.

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This is the second listing.

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Mr. Chair, this is Hillary.

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Just to clarify, Augustina Marina is the listed applicant.

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And SNS Realty LLC is the listed owner.

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Okay.

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Augustina, if you're in the audience, please raise your virtual hand.

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I see no hands.

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So MI 2023-003-495-3911-19 North 5th Street.

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This is the second listing.

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We have no exhibits.

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No one appeared.

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The last time I vote to dismiss.

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Thomas Holloman, my vote is to dismiss.

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James Snell, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Thank you.

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We're going to go to our add-on list.

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So MI 2022-004-440-204 North 52nd Street.

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Mr. Holloman and James Snell

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Mr. Holloman and James Snell, before they vote, will certify that they reviewed the video of this. I vote no.

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Mr. Holloman.

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Thomas Holloman, I certify that I reviewed the video and my vote is no.

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So, James Snell, I certify that I reviewed the video of the March 6, 2024 hearing in this manner, and my vote is no.

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Mr. Shaheed, my vote is no.

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So number two, MI 2023-006-538-6858 Keystone Street, voting on this will be myself, Thomas

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Hallman, and James Snell.

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I vote yes.

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And Mr. Chair, sorry, just briefly, it's 6658 Keystone Street, just to clarify the address

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for the record.

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Thank you.

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Thomas Holloman my vote is yes. James Snell my vote is yes. I'm sorry Mr. Chair there is a proviso

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for this one per refusal dated 5-2024. Can we please re-vote this matter? Sure. Thank you.

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MI 2023-006-538-6658, Keystone Street. I vote yes, proviso. Her amended refusal, 5-20-24.

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Thomas Holloman, my vote is yes, with proviso. James Snell, my vote is yes, with proviso.

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number three mi 2023 007025 7001 tulip street

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i vote yes her amended refusal dated 3 2024

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um no living in the garage is that okay hillary no household living in the garage

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No household living in the garage.

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Thomas Holloman, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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Thank you, everyone. We're going to go to our regular list.

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Number seven, MI 2024, 000106, 1357 Dyer Street.

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Joseph Consul is the attorney.

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There's a letter of support from the Frankfort Neighborhood Advisory Committee.

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morning morning mr consul could you please state your name and spell for the court stenographer

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yeah it's joseph consul that's j-o-s-e-p-h last name consul c-o-n-s-o-l-e do you swear or firm

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to tell the truth the whole truth and nothing but the truth i do could you identify your client

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the relationship to the property? Yes, my client is Raca Eterna Properties, LLC,

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and BSET Durham, D-U-R-H-A-M, is the representative on this call. Our Vice Chair has a few questions,

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Mr. Counsel. Okay. Good morning, Mr. Counsel. Do you agree to waive the reading of the refute?

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Yes. Have you emailed in all the required documents and exhibits that is needed to

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to proceed with this case five days in advance of this hearing?

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Yes.

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Thank you, counsel. Please proceed.

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You have already shared your screen.

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Great. All right.

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Good morning, Zoning Board.

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Joe Consul here on 1357 Dyer Street.

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This request that we're in front of you all for was approved originally in 2008.

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Another application was began in 2020, but for whatever reason,

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And it appears to have not gone to the finish line, not through any any kind of opposition, but I can't really tell why.

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But anyway, it's 1357 Dyer Street. We're here attempting to re-legalize, hopefully for the final time, the three unit household living in this property.

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uh actually there's a note on here that it was issued in 2020 so there was two success

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successful um applications here and um there was never any rental licenses pulled so they weren't

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able to to keep that up so here we are the third time and third time's the charm we went in front

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of the frankfurt neighborhood advisory committee they um approved it and we're hopeful that's

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Approved it, and we're hopeful that's good enough to get the approval of everyone today.

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good enough to get the approval

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Here's the photos and plans. Again, it's set up as a three-unit building.

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Showing the property, showing the meters, the electrical boxes. So in 2008, when it was approved as a three-unit, it was built as such, and that has withstood the test of time.

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no no changes in terms of the layout of the property have been made since that time.

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My client purchased the property in November of 2023 incidentally.

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Submitted pictures, submitted our plans showing the layout of the property

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and then all of our other required documentation. Here's the 2020 application for the same thing,

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three unit here's the rental license that expired in 2012 and required the 2020 application and then

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no licenses were pulled since that approval and again here is evidence of the 2008

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approval so it's been through sean ward anastasio and me and here we are so that's

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Joe Consul, 1357 Dyer Street. I'd like to call Bissette Durham from Rocca Eterna Properties, LLC, to adopt my testimony.

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If you're in the audience, please raise your virtual hand.

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Bissette has been allowed to speak.

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

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My name is Bissett Durham, B-I-S-S-E-T-T-D-U-R-H-A-M.

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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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Yes.

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Mr. Counsel, please proceed.

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Good morning, Ms. Bissett.

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Did you hear my testimony just now regarding 1357 Dyer Street?

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Yes.

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Do you adopt it as your own?

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Yes.

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Nothing further, Board.

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