civus
Hearing video

ZBA Hearing - July 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 29, 20204h 53m

artisanal industrial is prohibited in the district. Let me take you through the

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plans. There's the site plan. This is the existing property. It's right now a

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single-family home. What we're asking to do is have the

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what we're asking to do is have the front of the building be the artist's

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studio and then in the rear there would be an office my clients would be owner

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occupied one family dwelling above the studio there's one entrance to the space

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there's a door at the bottom of the stair that takes you into the second and

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third floor apartment.

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Here's renderings.

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This is the space that we're talking about right here.

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Exhibit C, photos of the property.

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And then photos of the street itself.

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There's heavy-

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Could you rotate those photos on?

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this sunk it is there a way to do that open it right open it up and then I think

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I got it

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see if you um right if you could um yeah take clockwise let's try that here we

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go. Got it. Could you maximize your screen for us please? Of course. Thank you very well. All right

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so now we're so right here is the existing family room and an existing den. This is the front of the

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property. What we'd like to do is for the front room to be the proposed art studio and gallery

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will be a restroom that's already existing and then a proposed office in the back and again my

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clients would be living on the second and third floor and there's the rendering of the of the front

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and there are some photos

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and as i as i was saying the street is heavily mixed which means there is

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some residential but also a significant commercial presence

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That's across the street, and then we have the petitions.

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The folks on the block.

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we have the deed and the tax certifications the hours of operation

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would be 9 a.m. to 10 p.m. on weekdays and weekends however we would like to

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stay open at 11 p.m. when there's art shows we have support from the fair

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amount CDC which I also submitted I may have that again if you need it and we

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have met with the RCO and it appears as though they also sent a letter

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supporting at least in spirit pending a CBA which I believe has come to a

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resolution. Ours as part of a proviso? No I think what Mr. Beller's office is

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representing. Okay all right. Now I'd like to have my client be recognized please

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Erin? And your client is? Erin Gray. I'm sorry, Alexander Gray. They're in there, Alexander.

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Good morning, Erin Gray. Hi, Erin. Please identify yourself, name and address, spell your name for

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the stenographer, please. Yes, Erin, E-R-I-N, Gray, G-R-A-Y. And our address is 2018 Fairmount

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Avenue. Erin, did you hear my presentation? I do. Thank you. Please proceed. Erin, did you hear

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my presentation to the board? Yes. And was it true and correct to the best of your knowledge?

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Yes. And do you adopt it as your own testimony, if need be? Yes, I do. Thank you very much.

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And do you adopt it as your own testimony, if need be?

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Yes, I do.

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Thank you very much.

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With that, I rest, Mr. Chairman.

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Thank you.

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Is there anyone else to testify on this case?

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Yes, Chair, we have Ryan Boland.

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Ryan, you have been promoted to panelists.

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You can now testify.

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Terrific.

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Good morning.

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My name is Ryan Boland.

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My address is 1801 Market Street, Suite 2300, Philadelphia, Pennsylvania.

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I am here on behalf of the Spring Garden Civic Association. I think we're about 10 minutes away

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from reaching an agreement on a community benefits agreement. There's just one word

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that was requested to be removed. I'm waiting to discuss this with my client. I was hoping that if

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we could have this push back a couple on the list that we could then confirm we have a signed draft

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and then we can support this. We also, our support is also contingent upon some provisos.

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So is there a way that we can bump this back a couple on the list so that we can come and support

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this and then read the provisos on the record, Mr. Chairman? I'd rather not do that, Mr. Chairman.

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If you want to just hold your vote until we get you the information, since we've already put our case on.

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Six of one, half a dozen or the other, isn't it?

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If we hold it, hold it till when?

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If we can get that information before we reach this morning session.

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Then you'll vote?

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We will vote it.

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That's all I'm requesting.

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We just want to make sure that this gets signed in the next 15 minutes, half hour.

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Okay.

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All right, Vern, if you'd rather than come back, get it over with.

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Yeah, I'm confident that'll happen.

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Yeah.

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Can I ask that you also send me a list of the conditions that you're requesting?

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Please.

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Yeah, Brian's going to move some provisos into the record, I think.

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Yes.

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Correct.

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I will email them right now to you, Sharon, okay?

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Thank you very much.

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And for the record, I'd like to move my exhibits into the record as well.

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Thank you, Mr. Chairman. So noted. And I guess, Vern, you're going to have to hang around.

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That's fine. We don't know when this material is coming, right? I mean,

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other than what was sent now, we're waiting for the CBA, right?

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We're just waiting for the head of the CDC to agree to remove one word.

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So you might as well just want to hang in there until we get it.

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I think it'll be before you recess the 930 hearings.

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Mr. Chairman, just one quick question. This is Ryan Boland again. Do you want me to read

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the provisos onto the record or is it sufficient that you review them what I've emailed to Ms.

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Soiletta? Well, I think we need to review them. Correct me from wrong, Sharon. We need to know

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which ones are enforceable before we... So you can read them into the record when we resume the

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hearing. Okay, thank you very much. All right, thank you. Thank you all. Thank you.

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calendar number 39461 2514

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what's his number

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Mr. Bolin you're still on okay

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okay do we have anyone for calendar number three nine four six one so it

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takes a minute okay Mr. Overhill you've been promoted you can share your screen

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and you can speak as necessary good morning members of the board good

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morning Leo you agree to waive the reading of its refusal and stipulate to

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it's accuracy? I do. Thank you. Name is Leo, L-E-O, Mulvihill, M-U-L, V as in Victor, I-H-I-L-L.

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Address is 2424 East York Street, Suite 111, Philadelphia, 19125. Mr. Mulvihill, you swear

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and affirm to tell the truth, the whole truth, and nothing but the truth. I do. Thank you. Please

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proceed. Good morning, members of the board. I'm here today on behalf of Thomas and Barbara Barnes.

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There are homeowners in the old Richmond section of the city, which for those of you who are not familiar, is just north of Fishtown, just south of Port Richmond.

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The property in concern today is actually their residence.

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And in sum, what they're seeking to do is take their lots, as they own two of them, the 14 lot and the 16 lot are one deeded lot.

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the 14 lot and the 16 lot are one deeded lot and then the 18 lot is the other deeded lot that

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And then the 18 lot is the other deeded lot.

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contains their home and they want to combine all those together into one lot and on what is going

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to be formally known as the 18 lot they just want to put leo do you have do you have any uh

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plans or anything you could share with us oh absolutely and essentially i'll put that up in

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a moment and essentially all they're looking to do is put two small additions onto their property

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and that's going to allow them to have a mudroom and to expand their dining room area.

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I'm currently seeking to share the plan right now.

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Please let me know if you're all able to see the plan.

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Yes, Leo.

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Okay.

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So first, I'm going to scroll up to our proposed consolidation plan.

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So members of the board, I'm indicating with my cursor right now.

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I hope you all can see this.

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Right here, this is the existing actual house structure of the barns. Their home is located here.

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They have a small shed located at the rear here, and they're seeking to consolidate these two

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lots into one lot. I'm going to zoom now into the proposed property dimensions with existing

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physical conditions so we all get a better look at that. And you'll note that on this exhibit,

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I've indicated two areas in orange. They're not to scale, but that's just to show on the site plan

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where our proposed new structures are going to be. So members of the board, I'm indicating to

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the right of the plan. You see the three-story brick home indicated here. This is actually the

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house structure of the barns. It's a traditional Philadelphia-style row home, three stories, two

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stories, one story frame structure in the back. To the rear facing Webb Street is a one-story

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stucco. I guess we can call it a garage-type structure. It's used for storage. Then we have

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a one-story masonry garage that already exists facing Edgemont Street to the bottom. So this

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whole entire L-shaped area looks kind of like a Tetris piece. This is all their property. For

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purposes of this property, for this application rather, they wish to consolidate all this into

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one lot, and in these two orange areas, here to the top, small addition for a mudroom,

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here to the side, small addition for a new dining area.

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This open area that I'm indicating right now with my cursor, which is noted as concrete

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and pavers, is essentially their interior lawn area.

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It's their backyard, they go out, they have coffee, I have photographs of that in my exhibit

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packet as well, if you'd all like to see that.

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I'm now going to move down to the second page of this plan.

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So members of the board, first, I'm going to zoom in at the bottom.

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You see the Edgemont Street elevation, as I discussed.

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This is the existing three-story structure.

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And this, to the rear, is going to be the new addition for their kitchen area.

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It's just shy of 12 feet wide, just shy of 12 feet deep, and about 10 feet, 9 inches tall.

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It is not located directly on the street line.

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it's located to the rear of their house structure. And again, this is a rear elevation of the home

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as it currently exists along Edgemont Street. This would be the new construction for the new

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dining room area. This here would be the new construction for that mudroom that I mentioned.

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It's about 11 feet tall, 7 feet 2 inches wide, nothing terribly large.

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As we go to the first floor plan that I'm indicating here to the upper right-hand side,

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this that i'm circling right now with my mouse cursor is the existing

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home structure they again this is the new dining area they wish to have built on

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their property this is the new laundry room area that's

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really it members of the board they're just seeking to get a little bit more

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room in their tiny home i'm going to stop the share of the

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plans and what i'll do now is i'll share the

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package just for purposes of the record

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do you have a witness i believe my clients both barbara and tom barnes may be on the line

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mr and mrs barnes are you present you are please raise your hand so that tony can recognize you

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are thomas barnes you've been allowed to speak you can unmute yourself

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okay good morning mr barnes uh please identify yourself name and address for the record spell

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your name please thomas barnes b-a-r-n-e-s 2518 east edgmont street thank you just swearing a firm

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to tell the truth the whole truth and nothing but the truth i do thank you mr mulville sure

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now mr barnes you've heard my testimony today with respect to your property yes i have is there

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Yes I have. Is there anything you'd like to add at this time? No nothing at this

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anything you'd like to add at this time? No, nothing.

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time. And you otherwise adopt my testimony as your own today for purposes

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of this hearing? I do. Thank you. Now members of the board just for purposes of

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the record I'm now showing the cover page for my exhibit packet showing the

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refusal appeal and project information form at page one. Area zoning maps at

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page six. This is a RSA 5 district. My clients deeds are at page eight. Tax

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clearance is at page 18. Our RCO notification letter is at page 19. The letter from the RCO,

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Old Richmond Civic Association, is at page 22. We did have a meeting with them, I believe,

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back in February, and the vote was in support. I have photographs at page 23 of the multiple

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postings that we made on this site, as well as interior photos of the Barnes' home, if you care

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to lose those, and photos of the courtyard area as indicated on the plans where the Barnes intend

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to put these new additions. And with that address, I'd happy to take any questions at this time.

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Thank you. Is there anyone else who wishes to testify on this case?

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There are no hands up at this time. Thank you, Tanya. Questions from the board? No. No.

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Planning Commission. Yes, this property is indicated for residential use on a city plan.

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Given the general site constraints, we have no objection to the granting of the consolidation variance.

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Thank you, Ron.

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Calendar number 39461, 2514-2518 Edgemont Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you, members of the board.

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Have a good day.

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Good luck.

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Thank you.

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Calendar number 39680, 33 East Woodland Street.

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Is there an attorney or an applicant?

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hercules you've been promoted to a panelist you can now speak

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good afternoon members of the board good morning mr griecos do you agree to waive the reading of

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its refusal and stipulate to attack her seat i do agree to waive the reading there is one error

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on the refusal which I will get to in part of my presentation if that's okay. Thank you. All right

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Mr. Grigos please identify yourself with the record. Thank you. Hercules Grigos, 1835 Market

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Street, Philadelphia PA representing JSF Management LLC, equitable owner of the property located at

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