civus
Hearing video

ZBA Hearing - August 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 21, 20246h 4m

properties right next door. That house that's sitting right next door to the empty building,

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as well as the building right next to or behind that you cannot see is owned by Bill Brinkman,

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who is the former owner of this building. This bait and tackle shop has been in business for

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over 65 years in this location with the traffic in and out my husband Michael Reynolds owned

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the building for almost six years he passed away last year we are selling that building

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in contingency of the the board proving the traffic has always been a challenge but has

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as most certainly was accepted as Mr. Griffin was saying, because it was a bait and tackle shop,

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the traffic coming and going, we were open seven days a week. We were only closed two days,

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Christmas and Thanksgiving for the last six years. Now, from what I understand,

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Bill Brinkman never closed. They were open 365 days a year with the traffic. So Bill Brinkman,

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His name is Bill Brinkman. He owns those buildings right next door to the building that I am selling.

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All right. Thank you very much for taking the time to call us. Is there anyone else in the audience, Jason?

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I missed it. Mason Rias, who had their hand up before, they had their hand up again. I will let them speak once in a while.

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Hi, could you please state your name and spell for the stenographer?

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Yeah. Can you hear me now?

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I can.

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Yeah, I'm sorry. I was a little miscommunication with the thing. Sorry about that previous one.

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My name is Massim Riaz, M-E-H-S-A-M.

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Last name is Riaz, R-I-A-Z.

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

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Yes.

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Are you a neighbor?

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No, I'm not a neighbor.

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Are you in favor of this project or against?

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Yes, I'm in favor of this project.

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And you're not a neighbor, but you're in favor?

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Yeah. No, no, yes.

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Okay.

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Could you tell us why you're in favor?

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I'm in favor they're putting the poultry

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there right

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livestock meat

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okay alright thank you very much we appreciate

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Jason anyone else

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hold on sir

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okay there's Stan Chawinski

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with the hand raised I have a lot of them

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hi could you please state your name

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and spell for the stenographer

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can you hear me

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yes could you please state your name and spell for the stenographer

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My name is Stanley Cywinski, S-T-A-N-L-E-Y, C-Y-W-I-N-S-K-I.

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Right.

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

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I do.

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Are you a neighbor?

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Not a near neighbor, but I am representing the 6th Council District.

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I'm the zoning director.

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Okay.

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Are you in favor of this project or against this, Terry?

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The councilman is not in favor of this project.

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Thank you for taking this time to close.

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We appreciate it.

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you're welcome anyone else in the audience

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i'm no mr chair there is

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no further answer mr chair no no one else thank you planning commission

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good afternoon amy boyd with the planning commission amy b o y d

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

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do you swear a firm to tell the truth the whole truth is nothing but the truth i do

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I do.

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Please proceed.

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The comprehensive plan recommends no change to the residential single-family RSA-3 zoning at this site.

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While there are some light industrial uses in the area, there are nearby residents,

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and the proposed intensive industrial use would be detrimental to those residential uses.

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The appellant has not shown that there are unique physical circumstances or physical conditions

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that would prevent the property from being used in conformance with the code.

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the Planning Commission therefore recommends that the board deny the requested variance for

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intensive industrial. Thank you. MI 2024-001-795-4999, Linden Avenue, I vote no.

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Michael Johns, my vote is no. Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is no. Dioin, my vote is no. James Snell, my vote is no.

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Ishmael Shaheed, my vote is no.

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Thank you, counsel.

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Number two, MI 2024, 001-848-2055, Cheltenham Avenue.

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Olak Sokoloff is the attorney.

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There's a letter of non-opposition from Oak Lane Worcester Community Coalition, RCO, with provisos.

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Mr. Sokoloff.

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Yes, good afternoon, Mr. Chairman, members of the board.

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nice to see everyone oleg sokolov on behalf of the applicant ordering base incorporated that's

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o-l-e-g s-o-k-o-l-o-e do you swear or firm to tell the truth the whole truth nothing but the

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truth i do our voice share us a few questions sir sure good afternoon counsel do you agree to

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waive the reading of the refusal or stipulate to its accuracy good afternoon mr shaheed yes i do

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thank you have you emailed in all the required documents and exhibits that's needed and required

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to proceed with this case five days in advance of this hearing we in the interest of full disclosure

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we emailed the majority of the packet within five days and then there were some supplements that

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were sent yesterday thank you please receive and share your screen thank you um just as i'm sharing

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my screen a little point of order mess um uh who testified on the earlier one is actually

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my client i just spoke to him he was a bit confused he thought it was an open

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like forum to to voice support or a position yeah thank you we appreciate that

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all right is everybody able to see my screen we do sir wonderful um so this is a bit of a

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unique situation this property is actually zoned cmx one but as a result of a particular overlay

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And the fact that it's abutting an RSA 5 district, the uses intended for multifamily here are not allowed because, as I said, it abuts an RSA 5.

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So the refusal is fully accurate, but it's the application for a new construction of an attached building with a roof deck and two roof access structures.

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As the board will come to see later, after a number of meetings with the RCO, we have proposed not doing any kind of roof pilot house or structure.

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So that is one of the proposed provisos that we're asking the board to consider and was recommended by the RCO itself.

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So here's the deed. You can see the property was purchased in December of 2023 by the entity.

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So, the property is currently a vacant lot. This is the lot itself and this, the lot in the neighboring building here at 2053 of zone CMX1. It's this, if you can see what I'm highlighting, which is a residential block here on, I believe, Woodstock Street that creates the refusal.

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and this is looking down that residential block on Woodstock Street and then this is

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looking down Chilton Ave and once again here's the property. You can see that Chilton Ave is

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full of businesses. This is certainly something a building you know as you'll see it's a new

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construction here is hoped to to start a bit of a revival of the commercial corridor of Chilton

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avenue and this is per the zoning plan so once again you know chelton avenue is certainly a mix

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of rm1 and cmx2 but they're most of this block in and of itself including across the street

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are commercial properties despite the fact that they're currently zoned rm1 excuse me

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here's an elevation of the proposed property so it would be commercial on the first floor

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with four apartments on the second and third floor, two on each floor.

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And then this pilot house is what we're proposing not.

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And then this pilot house is what we're proposing not be part of the zoning plan and not put into construction at all.

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So we're not going to have any kind of roof deck there, as that was a concern from the community about potential entry into the building or worse, some kind of bodily injury that could occur from somebody being up there.

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our application for appeal, our project information form.

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This is our latest notice to the community. We actually met with the community in June as well,

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where we discussed some of these proviso issues and some of the concerns of the community.

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We went back, discussed the matter, and then met with the community again and decided to,

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that we would be very amenable to accepting the provisos recommended by the community,

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which are shared on their letter of non-opposition.

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Our certificates of mailing out of the most recent, this is 172 mailers were sent.

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Not the best picture, but a picture of the notice poster at the property posted.

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Our tax clearance certificate, letter from the RCO, unfortunately, wasn't very well attended either time, but there was certainly a lot of discussion.

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There was a representative from the council person's office, as you see, and a lot of the suggestions for the provisors were taken from that representative.

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and aside from the pilot house issue that was brought to to our attention it was really the

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the concerns of the community were for the type of establishment that would go into the commercial

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space so we weren't able to tell the the community exactly what type of business we are going to be

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putting in there as the application is just for a vacant commercial space at this point but we did

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agree to certain restrictions of the types of businesses. So no stop and goes, no event spaces,

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smoke shop, gambling machines, no grocery store, and then the last proviso of the roof. I did also

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want to share, Mr. Riaz, the representative of the entity, had been discussing this because of

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the lack of attendance at the formal RCO meeting with direct neighbors, and we have submitted 21

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form letters of support from neighbors on the block, neighbors, caddy corner, neighbors,

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you know, within even a 250 foot radius of the property. So a lot of support for something new

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on this block. At this time, if it's okay with the board, I'd like to bring on Mr. Riaz to adopt

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my testimony. Counsel, what's next door to the property? What's that large property next door?

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the large property next door that's constructed yes

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to be quite honest with you I'm not sure what kind of establishment it is but if the board

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would would allow me the courtesy of one moment I'll take an additional look at it

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what so it's it's commercial and apartments upstairs i i couldn't testify properly that

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it's apartments upstairs but it's definitively you know commercial commercial commercial all

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the way on this all right two thousand thank you thank you mr rias can you raise your hand please

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they have been allowed to speak yes thank you do i gotta match uh you've already been sworn

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sir in another matter okay okay please proceed yes mr you're you're uh a representative of

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or stockholder director of ordering base incorporated is that correct yes okay and

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have you heard my testimony to the board here today yes and would you adopt it as your own

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yes and the proposed provisos that were raised by the rco um you you would propose accepting those

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with in front of the zba as well yes okay thank you no further questions for him mr sokoloff did

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you show the uh the drawings of the apartments you mean the floor plans of the apartments themselves

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we don't we don't fully have those sussed out at this point this was just for for a use but they're

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i believe they're intended to both be two uh bedroom yes all four are going to be two bedrooms

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correct yes so it's going to be two two bedroom and one one bedrooms apartment

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And the question about the next door, I think it's a restaurant on the first floor, and I think it's about two apartments on the second floor, I believe.

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and the the question about the next door next door i think is a restaurant on the first floor

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So each floor is intended to have one two-bedroom and one one-bedroom apartment, correct?

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Yes.

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Questions from the board.

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I thought you did show floor plans. You just went past quickly.

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I don't know.

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No, just elevations.

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So what are the square foot of the apartments?

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Of the two bedrooms and the one bedroom.

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I mean, yeah.

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The two bedroom, I think, so they're like bi-level apartments.

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So like the kitchen and dining room and the living room will be on the first floor.

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And then two bedrooms and a bathroom will be on the second floor.

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Give me one second.

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I could pull it up in my note.

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Where's the pen?

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The, the, all right.

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So you want to know the square footage of each apartment?

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I think she said the bedrooms and the apartments too.

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oh oh so the bedroom there there there the bad no the apartments it's the apartments

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oh the apartment give me one second i could give you that right so give me one second

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give me a calculator let me just do the calculation right now so if it's 29 times

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19 5 2. uh they're gonna be around 1100 square foot for the two bedroom apartment

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okay and um are you saying you're doing four bed four apartment units or three units uh four

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units i believe two two bedrooms and one one two two bedroom and two one bedroom apartment okay

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what's the square footage of your one bedroom apartment the square footage of one bedroom

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apartment is, I believe

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it is

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30 tons.

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Roughly around 600 square feet.

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And are those bi-level as well?

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No, no. They're one level.

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But the two

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bedrooms are bi-level? Yes.

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this is a three three story building I'm sorry were you done um board member yes it's a three

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it's a three story building and something that I would just like to direct the board's attention

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to if you can see here the setback from the um the closest residential neighbor here in the back

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is 95 feet so it's it's certainly a long way away from you know there's a large backyard and and

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nothing impacting really this closest residential neighbor here on Woodstock Street.

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So you're asking for residential units?

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Well, it's kind of hard for me to believe that you have this level of drawings for zoning

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and there are no interior layouts of these units.

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So, Michael, just so you know, we're going to hold the vote on this until we get a better

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understanding of what it is.

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yeah what we're going to do is we're going to go through to planning and then we're going to

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close it except for drawings what it looks like and and council i would also think

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instead of just you know a little idea of what the block looks like too how many apartments on

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the block what the next door neighbor structure is and things like that okay you mean in terms

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of apartment count there yeah we want to know how many if there's apartments there i i don't

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i don't think anybody was clear what was there so i'd like to see how many apartments are there

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you know what you know not just why i think it's a restaurant is it a restaurant on the first floor

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but then we'd like to see the drawings of the building the way it's structured what it looks

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like and everybody can take a look at it and then we're going to vote on after that okay

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