civus
Hearing audio

ZBA Hearing - January 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 28, 20267h 52m

Thank you.

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Good morning, everyone. My name is Bill Bergman, and I will be chairing this meeting in the Philadelphia Zoning Board of Adjustment. With me is our Board Vice Chair, Tanetta Graham.

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Present, Mr. Chairman.

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Thank you. Our Board Secretary, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Board Member Michael Johns.

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Present, Mr. Chairman.

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Board Member Taya Nguyen.

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Present, Mr. Chairman.

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And our Board Member Ryan McAdams.

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Present, Mr. Chairman.

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Also here is Hillary Emerson, our Attorney, our Zoning Board Director, Ian Haggerty, and our Board Administrator, Lakeisha Dandy.

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A recording of this hearing will be posted on the ZBA website by participating in your consent to be recorded.

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This is an in-person meeting with remote capabilities.

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whether remote or in person if you're called to testify must state and spell

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your name then wait to be sworn in once you've been sworn in please state your

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name each time before beginning your testimony any person may enter an

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appearance to become an interested party there are three ways you can identify

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the case property address on your zoom webinar registration you can see a staff

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member or you can call this eba appearance line by the close the business

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tomorrow call 267-270-5548 leave a message that includes your email address and the address of

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the property of the appeal case filing guidance is for a remote attendees when directed you must

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raise your virtual hand in order to be recognized to speak second if you're called to testify you

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will be prompted to join as a panelist please accept the request and turn on your camera third

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the webinar q a is for questions about the hearing do not comment on the questions in the q a fourth

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if you're participating by phone press star nine raise your hand and star six to unmute

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for our in-person attendees please refrain from talking eating or drinking during the hearings

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verbal and physical aggression will not be tolerated restrooms are across from the elevators

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a water fountain is just outside the room to the right when speaking on the record you must speak

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directly into the microphone in order to be heard by all attendees and the court reporter in the

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event of emergency please follow the directions given over the public address system or by the

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staff the main exit is through the double doors at the rear of the room the nearest stairwell is to

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the left outside the doors in case of an evacuation the rally point is at love park directly across

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to Art Street. Please remain here so that we can account for you. Let's look at our schedule for

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this morning. Number 10, MI 2025, 004-565-2927 North 12th Street. Gary Peterson is the attorney.

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We may have a continuance on this case. Mr. Peterson, Mr. Chair, this is this may be a pro se, Gary Peterson being the listed owner and applicant.

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We did receive a request from a Michael Lambert for continuance, but we're not clear on what their involvement is with this matter.

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And unfortunately, I don't see Mr. Peterson or Mr. Lambert in the virtual audience.

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So MI2025, 004-565-2927, 12th Street.

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This case will be continued to 6326 at 930.

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Mark must be heard.

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number four

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mi 2025 004 426 2243 east venango street uh lm and r investments incorporated listed owner

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applicant no exhibits this is the first listing

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No exhibits. This is the first listing.

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Okay.

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I see no hand to chair.

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So MI 2025 004 426 2243 East Vananga Street.

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This case is continued to 6326 at 930.

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Mark must be heard.

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and number 15

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mi2025-005-651-2035 moore street um davis rasheen is the listed owner

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lisa goodman is the listed applicant no exhibits this is the first listing

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i see no handy chair say so in my 2025 005 651 2035 moore street cases continue to 6326

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at 9 30 a.m mark must be heard

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our add-on case mi 2025 002 914 226 harvey street this is a request for reconsideration

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for reconsideration i vote yes to reconsideration and rehearing michael johns my vote is yes to

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reconsideration and rehearing cheryl gas and my vote is yes to reconsideration and rehearing

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Ryan McAdams, my vote is yes to reconsideration and rehearing.

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Tynetta Graham, yes to reconsideration and rehearing.

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Tynetta Graham, I vote yes to reconsideration and rehearing.

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Thank you.

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Okay, we're going to go to our regular list.

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Number one, MI-2025-001-868-271010 North 22nd Street.

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Steve Masters is the attorney.

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There's unanimous support from Allegheny West Civic.

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A letter of support from Swamp Poodle Neighbors Association.

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Mr. Masters.

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He promoted as a panelist.

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Okay.

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good morning mr chair members of the board steve masters from just laws s-t-e-v-e-m-a-s-t-e-r-s

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you swear or affirm to tell the truth the whole truth nothing but the truth

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i do mr masters could you identify your client the relationship to the property

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yes my client is 22nd street water ice which is owned by sheree jackson i believe miss jackson is

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in the virtual audience. Okay, our Vice Chair has a few questions for you, sir.

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Good morning. Good morning. Have you submitted your documents and exhibits five days in advance

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of this hearing? Yes, we have. And do you waive the reading of the refusals and stipulate to their

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accuracy? Yes, we do. Okay, thank you. You can proceed with your case. Sure. Members of the

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board. This location has an extremely long history of commercial use on the first floor.

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Looking at the zoning record, the zoning archive, it appears over 100 years before there was a

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zoning code that there was commercial uses on this first floor. Most recently, the first floor

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has been used for a water ice stand which is extremely popular amongst the neighbors

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we our refusal is simply that um the the designation for zoning is rsa5 and it doesn't

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recognize the over a century use of this first floor as a commercial use the um the petitions

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that we have here uh we have 43 petitions um that were collected all of extremely close neighbors

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um all enthusiastically in favor of legalizing this business and um as uh was mentioned we have

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two rco um strong letters of support a unanimous support from allegheny west and from swamp poodle

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uh our uh site photos uh this is the interior of the uh water ice stand this is the exterior

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uh this is the context um to the left here is a commercial uh

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business that that goes all the way to the corner uh and this is

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business that that goes all the way to the corner uh and this is the the first floor as i said is

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a is a is the commercial water ice the um the second floor of this building is a dwelling unit

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that is um already legal and is not part of this application uh these are some additional photos

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of the interior and storage areas. This is a small alley that is between the water ice

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business and the commercial business next door. And a few more views of the water. This is that

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commercial business that we were talking about. Here's our water ice stand in this area. And

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And this is a it's a corner store, basically.

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We also have our zoning posters that were posted for this hearing.

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We can see today's date and time and the context.

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This is the 2710 door that they're posted on.

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um our tax clearance um is um in this chart um this is this is from the um OPA's website

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showing that all taxes have been paid property taxes on this property

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we uh have a deed um that uh conveyed the the um property to um sheree jackson um who then

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operates the water ice stand under an llc and our we have our uh we have our submissions of the

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application for appeal and the project information form and then our mailing

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was sent to the near neighbors and the proof of mailing is on the last page

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it was 122 individuals that received it. So at this time, I would rest our case and ask for

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Ms. Jackson to be elevated to the panel. Ms. Cherie Jackson, please. Yes.

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

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sheree jackson excuse me s-h-e-r-e-e-j-a-c-k-s-o-n do you swear or firm to tell the truth the whole

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truth nothing but the truth yes counsel um good morning miss jackson um you heard the testimony

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that i've just presented to the board do you agree that it was true and accurate and do you accept it

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as your own. Yes. Is there anything else you wanted to add to the conversation today at the

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hearing? Well, I'd like to say that we have been in business over 30 years on that corner, starting

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at the corner and moving to the side. And we've been operating as a water ice business in that

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area for many years with good standing in the community and invested in our community and

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giving back to our community for our scholarships and things like that to students so i would like

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to continue to you know remain there and do business thank you i have no further questions

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all right questions from the board yes um question so is this a walk up like window

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is that how you're yeah border rights and are there going to be any tables or chairs or anything

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or are people going to just get the water ice and ice cream and go you know what they they get the

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water ice and go but we would love to do i would love i always thought of tables and chairs the

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only thing with that is the sidewalk is really small yeah and the area is really tight and it

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wouldn't be good like for customers coming in and out and the tables and chairs appear i think of

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obstruction okay well and you'd have to go through a whole process with the streets department for

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that anyway yes um and then uh questions then what are we doing about the um trash

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well we i have trash collection every um every week we pay for trash collections from the city

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and we have a storage area in the back where we contain the trash with lids and everything like

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that well i guess i'm more like the people people yeah who are walking up you know what what do you

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have some kind of way to deal with trash from well normally we um we'll take the trash from

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our customers we have but we've had trash outside before at the corner about maybe 20 feet from the

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at the corner about maybe 20 feet from the store maybe less there is um a trash on the corner where

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store, maybe less.

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people can throw their trash but we really clean our pavement twice every day to keep the area

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clean and the thing with trash we've had trash cans outside our business we find it to be a

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nuisance of public nuisance because people will come they'll jump out their cars they'll throw

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trash or we've had neighborhoods we have neighbors or people putting like dirty diapers crap things

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that they don't want to put in their trash in our can it got flies it started bringing bees

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it became to be more of a nuisance than a help so i'd rather um keep the area clean as we normally do

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get the trash out there constantly and we do ask our customers not to throw any trash in front of

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the door payment and if so if they have it they can hand it to us but normally they will take

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their products and they'll walk away but we constantly cleaning out um inside our property

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as well as to the end of the block to keep the area clean and now i guess my last question is um

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it's a walk-up kind of business so is it mainly for people in the neighborhood i mean or do you

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have traffic like people who like drive to yes and how do you handle that um because um well

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normally they don't have a problem but across the street we do have um a parking lot that people use

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but they normally don't use it usually they'll come up pull up in their cars they may sit for

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a minute they may not they may just come out their cars and go i've had people travel um even from

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jersey they say they come and get the water it's all over the city they travel far um they really

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find they really like our um service they also like the way our water ice taste they say it's

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better than Rita's so it's we haven't had a problem in the past for us people

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coming up like with parking coming to the bin or it hasn't been a nuisance for

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the neighbors or the neighborhood okay thank you thank you how does the tenant

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upstairs access the apartment it's a door on the inside on the inside so they

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have to go into the water ice shop no no it's so it's a separate door the

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hallway it's a hallway okay and then what is the what do you do for trash management when the water

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eighth season is happening um like far as how they get it removed like because we pay for trash all

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year they collect it every year when we're not in season there's no trash out there okay and then

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the tenants trash is it commingled with the businesses yes yes okay

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no other questions questions from our attorney not at this time mr chair questions or comments

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from the virtual audience or the current audience i see me no handy chair planning commission amy

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boyd with the planning commission amy boid do you swear or affirm to tell the truth the whole truth

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and nothing but the truth i do please proceed the comprehensive plan recommends a change in zoning

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at this location from the current RSA 5 residential single family to R1 residential multifamily.

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The property has a history of commercial mixed use since at least 1978 as evidenced by a previous

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zoning permit for retail and one-family dwelling. The property has had a business license for takeout

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at this location since at least 2018. The Planning Commission recommends that the board grant their

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requested variants for takeout restaurant and multiple principal uses thank you mi2025 001

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868 2710 north 22nd street i vote yes with proviso per refusal dated 4725 michael johns

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my vote is yes with proviso cheryl gaston my vote is yes with proviso my vote is yes with proviso

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ryan mcadams my vote is yes with proviso by a win my vote is yes with proviso

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next case mi2025-004-490-2028 locust street adam laver is the attorney excuse me mr

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chair we now have two cases that require interpretation um so can we please hear

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those matters next so that we don't lose our interpreter um it's number two and number nine

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I'm sorry, Mr. Laver.

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No worries.

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Number two, MI20250027103207North6th Street.

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Jose Matos is the owner applicant.

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Interpreter, please.

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This is the interpreter speaking. Are you able to hear me?

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This is the interpreter speaking. Are you able to hear me?

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Good morning. Could you spell your name, please, for then?

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Good morning.

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Yes, my name is Steven Aubain. Last name is spelled A-U-B-A-I-N. My interpreter ID is YM288.

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Do you swear or affirm that you will interpret accurately, completely, and impartially from English to Spanish and from Spanish to English to the best of your ability?

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Yes, I do.

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could you please call for us jose matos jose matos si puede entrar en la línea por favor

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si buenos días quieto en la línea buenos días

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puede dar su nombre y teletrarlo por favor jose matos jose jota o s e matos mp m a t o s

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Right. And then, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Jury afirma decir la verdad, toda la verdad, y nada más que la verdad.

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Sí, jura.

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Yes, I swear.

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All right, there's a letter of support from APM.

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Sí que hay una carta de apoyo de APM.

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Our vice chair has just a few questions.

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Y nuestro vice president tiene unas preguntas.

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Good morning. Have you submitted your documents and exhibits five days in advance of this hearing?

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Usted ha sometido sus documentos y evidencias cinco días antes de la audiencia.

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Sí.

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