civus

ZBA Hearing - September 15, 2021

Hearing video from Philadelphia Zoning Board of Adjustment (ZBA), Sep 15, 2021, 4h 44m

so that's what is was existing prior to construction and we're actually putting

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another car on the street instead of taking a car off the street so and that's

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here's our proof of mailing 148 households here's our poster that also went out and we

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had unanimous support from both um rcos with provisos for trash receptacles and uh we have

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a private cva between the parties and with that if there's no other well before we get

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of questions i'd like my client michael jacoby to raise his hand

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and he's available mr jacoby please spell your full name and i swear you in

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good morning uh first name m-i-c-h-a-e-l last name j-a-c-o-b-y do you swear for him to tell

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truth the whole truth nothing but the truth yes sir all right thank you mr anastasio thank you

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mr chairman michael did you hear my presentation to the board this morning yes the true and accurate

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to the best of your knowledge yes and would you adopt it as your own testimony yes thank you

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nothing further mr chair thank you any questions from the board no mr chairman no yes sir uh anyone

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else like to justify in this case if so please raise your hand yes chair we have a jerome hill

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hello mr hill please uh identify yourself spell your full name and i'll swear you in

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drum hill um j-e-r-o-m-e-h-i-l-l um neighbor uh live on master street on the 600 block

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um i guess i would just excuse me sir do you swear for him to tell the truth the whole truth

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nothing but the truth yes sir thank you please proceed um i guess i would just like to to log

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you know i guess two two complaints one is you know i see that he mailed out lots of stuff we

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never received anything um to any previous um sessions um i was given a notification by a

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neighbor of this hearing. This is the reason I'm even attending. My second point would be that

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while those two spots were there, as a person who's in the neighborhood for some time, there

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never have been any use of those driveways, those parking spots for years. So it wouldn't really be

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taking a car off the street. The second is that in this area, especially along Marshall

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and some other streets there are several cars with or excuse me houses with garages

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where individuals don't use them for car spots parking is

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where individuals don't use them for car spots.

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Parking is a really tight and premium,

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so I feel like another spot that's not being used for a car or for anything else

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other than a car is not beneficial,

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considering it would take a parking spot from the street.

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That is all.

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Mr. Chairman, I think the witness will be happy to know

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that my client Mr. Jacoby is actually going to be living in the building

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and this is specifically for his car so it will be

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off the street for sure and the curb cut will be half

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of the length it currently is. Anyone else would testify in this case?

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Yes we have a Ms. Monroe

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Monroe, 14th Ward. Ms. Monroe

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please identify yourself with the record and I swear you in. Okay

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Okay. Diane Munro. D-I-A-N-E-M-O-N-R-O-E.

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Do you swear to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Please proceed.

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Okay, thank you.

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As you know, with this project, we do have provisos, and we did go into a CBA,

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wherein he said we'll honor our provisos.

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and the most important thing is about the trash we realized that um the yard

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um his application um he was getting rid of the open area and the depth of the yard and you know

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what trash has been a major problem and um but with if this is granted he did say and his

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illustration is showing that he will have the trash held behind the garage

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wherein it will be out of sight those trash receptacles will be out of the public view

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for the young man that just called in who just spoke um um you know i'm so sorry that um

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a lot of those residents over there do not get the notifications and we did the ones that

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tuned in for our zba hearing or i'm sorry our zoom open community meeting um we didn't get any

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comments of opposition and hopefully it will work out well over there and I don't know if I

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if it's appropriate for me to do this but if he can reach out to me we will definitely put his

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name on our email list so he will definitely be notified I don't know if he was within that

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It was a 250 feet notification of the impact community that he missed it, and the developer is supposed to put the poster on the site that indicate the our open community meeting.

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I'm so sorry about that so because we don't no longer have in-house meetings.

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um so otherwise than that this um the developer has promised and we hope that

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you cannot put any a lot of our our um provisos on but hopefully you'll be able to emphasize the

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proviso about the trash that it will be kept back there um behind that area that they are

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are destined to be a trash storage place.

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Thank you, again, Ms. Monroe.

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Mr. Anastasia, do we have a revised page, you said?

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Is there a provision?

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No, it's just a community benefits agreement.

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That's it, yep, and it's been fully executed document.

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OK, thank you.

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Any questions from the board?

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No, Mr. Chairman.

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No.

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Chair, this is Sharon Saleta.

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In addition to the community benefits agreement, Ms. Monroe's letter did specifically request a proviso regarding trash.

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If you could add a proviso stating trash stored to rear of garage out of public view, that would be.

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I got that in. I made my notes already. Thank you.

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I apologize.

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No, no, no. You didn't know. You're not sitting next to me. So I made a note of that. Thank you.

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Anyone else to testify? I think I asked. Planning Commission.

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Good morning, David Fecto, City Planning Commission, Mr. Chairman, members of the board.

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The comprehensive plan recommends no change in the existing residential multifamily zoning at this location.

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The variances sought appear to mirror existing nonconformities.

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the variances sought appear to mirror existing non-conformities we recommend that the board

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approve the requested variances thank you MI 2021-001893 700-06 master street my vote is yes

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with the proviso trash to be stored in rear of garage out of sight of public out of the public

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view thank you carol tenere my vote is yes with proviso

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i say yes with proviso james snell yes with proviso thomas holliman yes with proviso thank

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you i believe that concludes the 9 30 list does anyone feel as though they've not been recognized

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on any of the cases.

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Chair, we have Dan.

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Dan, you can unmute yourself.

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Dan Auerbach?

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Yes, Mr. Chairman.

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I came a little...

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Excuse me, excuse me, excuse me.

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Spell your full name, please.

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Dan Auerbach, A-U-E-R-B-A-C-H.

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You swear for him to tell the truth,

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the whole truth, nothing but the truth.

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I do.

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Thank you.

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Please proceed.

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i was just checking on the status of uh 2349 north 20th street i came a little late i wasn't

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sure if it's continued uh at the beginning of the hearing i had requested a continuance i just don't

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know the the status of that request 2349 north 20th is has been continued uh thank you mr chairman

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thank you anyone else no more hands here okay that concludes the 9 30 list uh see everyone

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back here at two o'clock. Thank you.

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.

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good afternoon everyone my name is frank d chico i'm the chair of the zoning board of adjustment

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i'll be participating in today's hearing along with our vice chair ms carol tenere

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board secretary confessor plaza and board members mr thomas holloman and mr james snell

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Board Administrator Lakeisha Dandy and Board Attorney Ms. Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some

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of the basics of what you can expect. First, we will be administering oaths to individual

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participants prior to their testimony. Second, we'd like to advise everyone that this proceeding

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is being recorded and that by participating you acknowledge your agreement to be recorded

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and that the recording will be made available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat.

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For anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue. I'll repeat that.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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And I'd like to remind everyone, please do not attempt to testify in the chat.

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Any comments, concerns, or questions you have should be directed to our board administrator, Ms. LaFeshia Dandy.

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Having said that, I will now begin with the add-on list for the 2 o'clock hearing.

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And let me pull that. MI 2021.

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So for the other board members, this is not on our sheet.

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this was just sent over to me by Sharon a few minutes ago. MI 2021.

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sent over to me by Sharon a few minutes ago. MI 2021-000460, 441 Brown Street.

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I read the transcript and I watched the video.

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Chair, excuse me, this is Sharon. And just so you understand, this is a hearing on reconsideration.

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The attorney is Rachel Pritzker. She'll be presenting all exhibits and testimony from the

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prior hearing are incorporated into the record for this hearing thank you so noted um and she's

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coming in as a panelist now thank you good afternoon good afternoon please identify yourself

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and i'll swear you in sure rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635 market street street

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1600 philadelphia pa 19103 you swear a firm to tell the truth the whole truth nothing but the

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truth yes all right thank you um i i sharon i guess carol needs to read in the uh the questions

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or no since um yes yes do that okay carol um we we do know that the exhibits were we know that

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the exhibits were submitted um this would only be for i think that um miss pritzker probably

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needs to be sworn in rachel you weren't here this morning were you no i was not okay so that will

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be all that you don't really need to do wave in this step i'm sorry mr chair no because this is

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a hearing on reconsideration that was all done at the original hearing thank you so rachel do you

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swear for him to tell the truth the whole truth nothing but the truth yes thank you please proceed

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Okay. And while I'm doing this, can Scott Woodruff be promoted to panelists as well? He is our architect to go through the plans. This is 441 Brown Street. This is a intermediate lot that is zoned RSA 5.

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We're proposing an attached building with roof decks at second floor and side third floor roof deck and roof deck access structures with an elevator above the third floor for the use as a single family household living to include private residence parking garage.

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The refusal says two parking spaces. The main revision that we made here in collaboration with the Northern Liberties Neighbors Association and the Near Neighbors is just to reduce the size of the curb cut from two car to one car.

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And we have proviso plans and revised plans to that effect. Most of the refusals were generated based on the RSA 5 based district and not allowing for accessory off-street parking.

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and the property doesn't have any ability to provide it from a rear street or a rear alleyway

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we've reduced again the curb cut width and Scott can provide that with the plans it's not uncommon

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to have front-loaded parking on the street there's several other properties that have front-loaded

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parking on the street and I don't believe we have any opposition I know we don't have any opposition

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from northern liberties neighbors association i believe um kenny grono from northern liberties

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is also on the call this is the lot as the board can see um and then from the photos the aerial

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photos and then from the front as the board can see has an existing garage um and an existing

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building and then further down the street um 425 429 and 433 blonde street all have accessory

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off-street parking access by a front street so it's within the context of the neighborhood

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and we'll provide for off-street parking um with the property that already has existing parking

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excuse me this is sharon i can confirm that we received a letter in support from northern

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liberties neighborhood association and a letter in non-opposition from councilman squilla

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thank you so yeah i have uh the letter up on the screen um for support and um as sharon mentioned

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in a letter of support from or non-opposition from the council office um other than that if

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just scott could go through the pr the plans briefly so that if the board has any questions

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we can answer them and then other than that i'm happy to take um any other questions um i also

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will want to ask as an officer of the court if uh i could have my client adopt my testimony he's not

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able to make it today but i've been authorized to affirm his testimony as long as it's okay with the

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board noted thank you uh before you begin uh is there a proviso still with this one page revised

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plan yes okay all right you'll proceed and uh we'll we'll read that into the record thank you okay

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um could we promote scott woodruff yep um i'm promoted great scott are you able to just go

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through the plans let's swear them in scott please spell your full name uh scott woodruff

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Scott Woodruff, W-O-O-D-R-U-F-F, 4001 Main Street, Suite 203-19127.

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W-O-O-D-R-U-F-F.

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Do you swear for them to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Rachel, please proceed.

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Thank you.

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Scott, if you could just share your screen and go through the plans, specifically just

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the revised plans and the changes that we made working with the community.

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And then obviously, if the board has any questions, we can pause when you're done.

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Sure, absolutely. So essentially what we've done to the plans is we originally had a two-car garage.

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We've removed that and gone to a one-car garage, essentially making sure that the existing curb cut,

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the new curb cut that will be provided will be no bigger than the existing one that's already there.

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As Rachel said, this is the existing photos. You can see there's a current one-story garage.

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curb cuts on the left side of the building we're simply just moving it to uh you know the right

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side uh so there's no additional impacts on the the actual street here you can see the plans we'll

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have the one car garage on the right side there's an entry in um we're moving it to the right side

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just to create a better circulation flow as we have a weird kind of kink uh in the property it's

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kind of a weird, weird shape here. But again, this is made to be a primary residence.

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Again, three stories, we're under 38 feet. We do have a pilot house and an elevator to go

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from basement to the top floor, but all within the dimensional considerations needed for RSA 5.

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Again, work with the community on any aesthetic needs that they had, but there weren't any

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specific things that were brought up besides having a little bit more of a recessed entry

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and kind of stoop, which we did do within the front facade here to give a little bit

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more street appeal and kind of eyes on the street.

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And then again, this is just kind of looking at some of the parking, kind of showing that

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there'll be no loss of parking on the street with this one space that we're providing based

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on you know the existing curb cuts there we're just moving it down uh a few feet

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rachel anything else you wanted me to go over yeah do you just go back um one more slide where

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