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Hearing video

ZBA Hearing - May 13, 2026

Philadelphia Zoning Board of Adjustment (ZBA)May 13, 20265h 38m

A little bit.

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Okay.

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hello hello yeah i think it did yeah i think it did uh uh oh no there's a delay on your computer

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i don't know what to do about that or okay so i can step in here this is

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why don't we do this why don't we do this um

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Joe, you're an officer of the court. Because of the situation, you can testify forever. Am I correct?

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If I can, then yes, I will.

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You seem to be able to do it. Okay. Questions from the court.

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Questions from our attorney?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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do not see any hands mr chair planning commission

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addison matera planning commission staff the comprehensive plan recommends no change to the

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existing rsa 3 residential single family zoning at this location this property has a documented

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history of two families the planning commission recommends the board grant the request variance

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for two family household living mi 2026 000 855 1664 conklin street i vote yes

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michael johnson my vote is yes

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thank you counsel thank you board all right cindy i'll give you a call bye all right is

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there anyone in the audience who um case has not been called from the two o'clock list

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i do not see any hands raised okay we're going to take a five minute break and then we'll

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come back and finish, okay? Good afternoon, everyone. My name is Bill Bergman, and I will

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be chairing this meeting of the Philadelphia Zoning Board of Adjustment. With me is our

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Board Secretary, Shoal Gaston. President, Mr. Chairman. Board members, Michael Johns.

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He'll be on any minute. Taya Nguyen. President, Mr. Chairman. And Ryan McAdams. President,

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present mr chair also here is our attorney hillary emerson

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Also, here is our attorney, Hilary Emerson, our zoning board director.

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our zoning board director ian haggerty and our board administrator lakeisha dandy

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this hearing is being recorded and will be posted on the zba website by participating you agree to

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be recorded this is an in-person meeting with remote participation whether in person or on zoom

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if you are called to speak please state and spell your name and then wait to be sworn in

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after that state your name each time before testify

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to enter an appearance

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indicate the property address and list it on your zoom webinar speak with a staff member

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call the ZBA office by close of business tomorrow call 215-686-2429

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also provide your name email and the case address

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remote participation raise your virtual hand whether directed when directed so we can

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uh bring you on to testify whether whether we call on you you you must click the join the

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join as a panelist button use the q a only for procedural questions not the case comments

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if you're if you are joining by phone please hit star 90 raise your horn hand and star six to unmute

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let's look at our schedule for this afternoon there's nobody here in person um number one

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number one mi 2025

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0 0 7 1 8 3 24 35 to 37 east vang ven venico street wow okay um this is a continuance my

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correct hillary okay this case will be continued to 9 16 26 at 3 30 pm next case number two

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this is withdrawal number two

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oh five five i got five okay never mind i'm sorry i went to the two

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MI-2025-007-392-2232 Latonia Street. This case has been withdrawn.

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And number six, continuance. MI-2025-007-410-310 Moore Street. This case has continued until

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9 16 26 at 3 30 p.m mark must be heard we're going to go to case number two is that what andrew

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and mr share we received updated documents in case number two that is ready to proceed

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yep okay thank you number two mi 2025 007 314 1949 devereux avenue um min nego is the attorney

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yeah this is jason handle will be a calls for the session i have a hand up

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you're welcome sir i have a hand up from a tanya solomon let's see if she's related

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why don't we bring everyone and see if she's part of that understood

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maybe the attorney's with her

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good afternoon good afternoon good afternoon is counsel there yes all right counsel could you

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please state your name and spell it for the stenographer min m-i-n-h-v uh nugent m-g-u-y-e-n

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes could you identify your client the relationship to the property

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could you identify your client the relationship to the property

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my client is miss tanya sulliman she is a lease or of the property right

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my

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dc i'm sorry the owner no she's the lisi okay are you okay sorry um i do have a letter of

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unanimous support from the rco and also i see a letter from council member lazada

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yes our uh vice chair has i'm not a vice chair our secretary has a few questions for you uh good

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afternoon counsel did you submit your documents and exhibits five days in advance of this hearing

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good afternoon uh board secretary my client tanya did submit the documents five days before hearing

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

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yes then you may share your screen and proceed with your presentation

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hey join as a panelist it's joining right now as a panelist they'll be back in shortly

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good afternoon uh steam council members are you seeing my screen no sir

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are you seeing the screen now we see you now sir yes what is the screen shared council uh esteemed

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council members okay yes we see you and your your client i guess right let me share the screen again

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yeah did you click the share screen button the green button at the bottom

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i did but let me redo it it may ask you to select what you wish to share whether it's your screen

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or a particular document or window okay there we go there we go okay so let's go to this

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um esteemed council my client is requesting a limited zoning release to permit a small group

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child care use with a maximum of 12 children at the property um she's not requesting an intense

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commercial operations she's requesting a moderate community center daycare operation

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in the building that has already been uniquely situated to the exact type of use

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the evidence from the board shows before the board shows that this property is not

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a typical dwelling residential dwelling the property historically has operated as a dental office

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the photographs that we submitted clearly demonstrate that the property has long

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functioned in the community serving manner and physically resembles a small professional office

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rather than a traditional single-family residence then show you some so Council here we have all

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your documents yes do this why don't you go to the photos so when you're talking about it we

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see what the photos look like okay okay so here's the photos of

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yeah it's a long one sorry councilman oh no take your time

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here's the other photos this is the drawing uh survey of the property architectural um

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this is the photo of the the property it's a it's a corner unit it's attached to the resident rs5a

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right it's always been in use as a dental office

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this is the photo of its original use right do you want me to go back to that picture

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so that original use that's the property she's going to have the daycare is that right

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Yes.

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Do you have pictures inside of there?

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Yes, a couple pictures of the inside.

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Right now she's not operating, but this is a picture of the inside.

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Right, right.

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And that was a dental office at one time.

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Yes, it was.

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And then I think I saw you have drawings of this, right?

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Yes.

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Why don't you show the architectural drawings?

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Okay.

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Okay.

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here's the architectural drawings of the property as you can see this

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the property is semi-detached from the residential area

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the property is semi-detached from the residential area

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but so why don't you go back and just let people take it in a little bit okay so

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and it'll only be in that part of it not into the house right it just stays there

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yes okay okay

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this is the notice of refusal let's go back up to the notice of refusal

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Well, we counsel, we've already seen your notice of refusal.

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OK, so we have so she wants to have 12 children in there.

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Am I correct? You say that? Yes. Yes, sir.

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She runs one now. She does have another business.

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Yes. That as a daycare. Yes.

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OK, so how long has she done that? Give us an idea of their experience.

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I've been in business now for over 17 years.

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started from a family on up i know one let me do this why don't why don't i could you state your

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name and spell for the sonographer and i'll swear you in yes solomon t is in time a is an apple n

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is in nancy y is in yo-yo a is an apple solomon s is in sam o is an orange l is in larry o is an

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orange m is in mary o is an orange n is in nancy you swear or affirm to tell the truth to hold

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truth nothing but the truth yes so council one question her about what her experience has been

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and things like that um miss solomon do you agree that you've been in the child care professions

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for over 15 years yes um how do you feel about working with the community um i've actually worked

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close with our council people in the community as far as book bag giveaways. Not only have we

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been trained to do CPR, we are certified to train other facilities to do it.

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So, Ms. Solomon, the community, you have signatures from the community. Can you explain that?

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Yes. So, what we did when we decided in the location that we wanted to put this,

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We saw the need for a daycare. There is not oversaturated. There was a need for it there.

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So what we did, we went to the businesses that's already in the area and we spoke to several of our neighbors.

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And with the zoning signs and everything going up, we actually got a waiting list now for the facility.

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How many neighbors signed the petition to help you?

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We have over 50. The RCO also contacted and we got 30 more supporters.

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Do you also have support from the councilwoman? Can you explain that a little bit?

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Yes, we spoke to Councilman Lizardo, who was also in support of the facility going there.

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Now, could you answer this? Is she going to have to do work inside that property?

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there's nothing to be done only thing we had to do was paint um the walls everything else is there

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is already handicap accessible um in a daycare facility with 12 children you only need one

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handicap bathroom we actually have um not only a handicap bathroom we have um another bathroom

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there okay all right questions from the board yes what's the plan for play spaces for the

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there's a huge yard out front it's a huge yard already fenced then there are also barriers I

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guess they put extra barriers around there um because it is a corner property they put extra

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barriers around the fencing okay um and then are you going to do anything or is it just going to

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be the yard as is I can't hear you are you going to add anything or is it just the yard as is

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um well we um not adding anything um ridiculous like we would have some toys and stuff that we

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would put out there and then what's your plan for drop off um there's um drop off and pick up

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there's parking spaces in the back of the building there's um off street parking not only is it

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parking on Devereaux. There's also parking on Busselton Avenue. Okay. So you have exclusive

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exclusive use for the parking lot that's attached to the commercial? Yes. Okay. Yes.

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use for the parking lot that's attached to the commercial building? Yes.

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And then how many employees are you planning to have on site at any given time? Two full-time,

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one part-time. Okay. Other questions? Yes. What age children are we talking about here?

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Infancy to school age. So it'll be a mixed use with it being 12 children is considered a mixed

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use for a group and there are no steps in this no steps no okay and uh how many restrooms did you

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say one handicap and one regular size bathroom okay and then uh i think even with um with there

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being no steps um do you have sufficient means of ingress and egress for this property we can't

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hear you do you have uh sufficient ingress and egress you need like yes there's a front entrance

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and a back entrance okay and uh yeah generally you have to have you know the upgraded fire

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protection system for um children who are not capable of self-preservation which yes it's a

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fire system already in the building okay and uh door with panic bars so that folks can get out

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yes okay all right thank you any other questions questions from our attorney

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

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i do not see any hands mr chair planning commission madison matera planning commission

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staff the comprehensive plan recommends no change to the existing rsa5 residential single

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family zoning at this location the appellant has shown that there are unique physical conditions

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or circumstances of the property that would prevent it from conformance with the zoning code

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the planning commission recommends the board grant the proposed variance for group child care

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hillary what do you want to do for defining where it's at

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so yeah so i was going to ask because this this is this is like an adjacent almost like wing of

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another row house is is this specifically set out as like a separate

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suite or anything like that I'm just trying to determine location I mean we

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could say ground floor found for addition yes we could say ground floor

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addition does the applicant or their council have any feedback on specifying location council we

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have it down as ground floor also ground floor okay yes all right so you just say i think just

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just say ground floor that'll be okay thank you mi2025 007 314 1949 devereau avenue i vote yes

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with proviso ground floor michael johns my vote is yes with proviso cheryl gaster my vote is yes

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with proviso ryan mcadams my vote is yes with proviso tya win my vote is yes with proviso

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thank you counsel thank you esteemed panel thank you very much good luck good luck thank you bye

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number three mi 2025 0 0 7 3 3 3 7 34 to 42 samson street darlene treat is the attorney

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unanimous support from washington square west and a letter of non-opposition from

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council member squilla there's also a petition of 29 signatures

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good afternoon hi council chairman darling on behalf of the applicants could you please state

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your name and spell it for the stenographer my name is arlene d-a-r-l-e-n-e last name freight

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t as in thomas h-r-e-a-t-t do you swear or affirm to tell the truth the whole truth and nothing but

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the truth yes i do would you identify your client the relationship to the property uh my clients

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today uh ashkar and val patel our board secretary has a few questions good afternoon council did

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you submit your exhibits and documents five days in advance of this hearing yes i did i did receive

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the community letter today and i only uploaded that today and uh do you waive the reading of

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

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the refusal and stipulate to

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Yes.

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And you can share your screen and begin your presentation.

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Thank you.

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Can you see my screen?

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Yep, we have it.

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Great.

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Good afternoon.

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I'm Caroline III, and I'm representing the Patels today.

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Actually, the official address is 734 to 42 Sampson Street.

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