civus
Hearing video

ZBA Hearing - June 26, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 26, 20244h 28m

Yeah, I think what you have to look at, too, is the amount of bedrooms that are in the property.

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You know, we do have 46 units. There is a need in this community for lower density units like the one and two bedroom units, especially when you're in a commercial corridor.

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So but I just want to address that point because that was the point that was the State Planning Commission indicated.

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Okay. So, Alan, there's been a lot of input, a lot of questions about this. What I'm going to do is hold this to July 10th. We'll vote on it at 2 p.m., and that way everybody can have an input on the executive session of the meeting, okay?

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All right. Thank you very much.

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All right. Thank you. And hold on. Don't go away. I think you might be coming up again next.

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Continuance.

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It's Alan, Chair. He got a few.

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yeah he's got Alan's got wait a minute how about the 516 Cabot Street sure I'll do that

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oh thank you so MI 2024 001 853 516 East Cabot Street um there's a letter of support

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516 East Cabbage Street.

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There's a letter of support from the Fishtown Neighbors Association.

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It's 34 to 15.

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And nine abstained.

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Applicant also has 23 form letters of support from neighbors, nine from that particular block.

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So, Alan, proceed.

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State your name for the record.

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And if you would, identify your client, the relationship to the property.

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Yes, Alan Nockmson, and my client is Cabot Street Holdings, LLC, and its member in the virtual audience is Jared Burjali.

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Our vice chair has a few questions for you, sir.

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Do you agree with the reading of the refusal or stipulate towards accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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Yes.

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thank you council please proceed and share your screen thank you

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okay we're here to present 516 east camas street uh this property is in the heart of

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fish town uh all we're looking to do is legal is is to allow us to put uh

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parking in the front of this property. And there's no parking allowed on that public parking allowed

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on our side of the street. And there's many examples of similar type of use. And we'll

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review the notice of refusal in that respect. We did receive a letter of support from the

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Fishtown Neighbors Association. It was a very well attended meeting. It was overwhelmingly in support.

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Again, and there were many of the neighbors who would be most directly impacted at that meeting.

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who, especially the people across the street from us, who don't have, I don't believe, off-street parking,

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who want us to have off-street parking because it's Fishtown and there's a parking situation.

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And the fact that we are adding a curb cut where a car can't park and then taking a car off the street is helpful for everyone involved.

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We also got letters to support from nearby neighbors.

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You'll see the neighbors up and down Kvot Street who supported this project.

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And you'll see, you know, what we're asking for is not out of character on the 500 block of East Cabot Street.

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And we did a map showing all the properties on that street that have off-street parking.

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And then we have pictures of those properties to show the board as well.

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Maps of the area, photographs of the property, our plans and drawings, our meeting notice, our application for appeal, our detail property, which shows that Cabot Street Holdings LLC is the owner of the property.

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and, you know, proof of tax compliance as well.

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At the conclusion of my presentation,

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I would ask that Jared virtually raise his hand,

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be sworn in, and then have a few questions for him.

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Notice refusal.

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All we're looking to do is a compact parking spot

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in the front of the property.

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And, you know, given that this is an RSA 5 property

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and that there's not a common driveway,

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that we need to come to the board

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for this variance request.

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We met with the community. Again, what the community stated and was reflected in the letter,

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we're providing additional parking, representing a net addition of parking to the street.

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These are single-family homes. That's what we're trying to do. We're not trying to increase density.

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We're just trying to strategically leverage the fact that there's no on-street parking on our side of the street.

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create a curb cut, take a car off the street. It helps the neighborhood as a whole. That's why

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the neighborhood overwhelmingly supported this project. And then, you know, you'll look at the

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neighbors who also sign letters to support. Marianne Tempone, 512 East Cabot Street.

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Justin's Sites, 512 East Cabot Street. Timothy Scales, 514 East Cabot. Donald Hare, 517 East

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Escobot. I can't read that one, but I believe the last name is Ricardo, 519, Escobot. Amanda

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Recinto, 522, Escobot. Mr. Reyes, 520, Escobot. Lorraine Hart, 517, Escobot. It goes on and on.

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It's like, you know, I think that the people in this part of the community want this off-street

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parking. And then it's not out of character either, right? So we are 516 and actually my

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client also owns 518. We'll be at a later hearing date, but there's 14 instances, two of them are

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ours. So 12 separate instances of off-street parking on the East Cabot Street. And then here's

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And then here's just, you know, pictures showing that.

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just you know pictures showing that

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And then maps of the area.

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We are RSA 5 property.

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We're not increasing density in any way.

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Again, we want to show from a Google Maps perspective.

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And then photographs of the property.

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This is the property that's being built as we speak.

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And this is East Cabot Street to the right of the property.

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As you can see on our side of the street, no parking is allowed.

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This is East Cabot Street to the left of the property.

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Again, you can see no parking allowed on our side of the street.

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Our plans and drawings showing the turning radius and such.

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Floor plans, this is not, you know, the house was already approved for being built, but it's a single family structure.

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RCO media knows we met with the community on June 4th at 7 p.m.

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We sent that notice via email to the coordinating RCO and other relevant parties a few weeks before that.

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96 addresses were mailed that notice.

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These are the list of the addresses or proof of mailing to those addresses.

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Our application for appeal that my client filed to the ZVA along with the notice of refusal and the project information form.

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The deed to the property showing my client owns the property.

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and then the Certificate of Tax Clearance.

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I'm going to stop sharing my screen.

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I would ask that Jared virtually raise his hand,

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and then we'll have we'll take any questions from the board.

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Hey, I'm here.

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Thank you, Alan.

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Jared, could Jared, could you please state your name

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and spell for the courts?

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Yes, my name is Jared Borgeli, J-A-R-E-D.

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The last name is Borgioli, B-O-U-R-J-O-L-L-Y.

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

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Yes.

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Please proceed, counsel.

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Jared, you heard everything I had to state today about your zoning matter.

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Yes.

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And is it true and correct?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Thank you.

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Questions from the board?

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Questions from the board?

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I have a question. This is for 516, and you said you would have to come back for 518 or?

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Yeah, for whatever reason, they were scheduled on different dates.

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Like the hearing was scheduled on different dates.

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Any other questions for the board?

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Yeah, your question. You kind of go quickly through your plan, so can you go back to the site plan?

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oh yeah sorry and and i apologize i will you know slow down you know i'll you know i'll learn so uh

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so this is our site plan the other parts of the plan

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I'm not seeing the site plan.

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Isn't this the site plan?

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I'm not.

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Okay.

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Now I can see it.

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Maybe it was on my end.

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So you're, I guess what I was trying to see is your, so this is for a compact car and that's what that dimension is that's in front of the house.

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So this is assuming that this is the compact car here, the one that you have drawn at the bottom.

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Okay.

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and so that turning the turning radius into the parking and for the curb cut

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gives you enough space to turn if people are parked across the street that was my concern

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because it went you would buy sort of quick so the idea is that this is the maximum size car

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that would go there or is this dotted line the around the car that you show on the lot

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a potential proposed side car a car size of the car so this is for this car a more a more extensive

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car a bigger car can fit here as well and um we actually reached out to the neighbors across the

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street the ones who would be most directly impacted and we've had direct communications

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with them they're they're one of the ones who signed the letter of support we show them these

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drawings. They know exactly what we plan to do. But you can have a greater car than a compact car.

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But for this, we're asking for approval for a compact car.

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Okay. And that's the compact. I'm just trying to get in my head.

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Yes. My understanding is...

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That tiny car that you show here is the size car that you're asking for a relief for.

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I think we showed a car based on the dimensions that are required of us from the Philadelphia zoning code.

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I think we show the card based on the dimensions that are required of us.

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So a compact. So we're showing a compact car.

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But again, but Jared confirmed, you know, you know, police state because Jared's not only the owner, but, you know, he also is in construction himself.

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Jared, your understanding is that you can put more than a compact car there.

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yeah i realize that for on the site you put more than that size car that you show

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my concern is that someone that's turning into that parking space or turning out of that parking

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space is that turning radius that you show of 12 feet enough so that they don't hit cars across

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the street but that will be parked is my concern yes this is jared i'm the owner of uh kabod street

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Holdings LLC. So there is enough space. The properties are 16 wide and the driveway is

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actually 21 feet, 24 feet if you include the sidewalk. And then to the right of me, there are

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four other homes that are set back and similar lot size that have cars and they are able to

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come and go and turn in and out of their driveways. Okay. And where's the light pole

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located on your site plan because i see it in the picture but i don't see it in your plan

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i think the light pole is in front of 518a um not in front of my property that's the property next

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to mine gotcha okay all right the questions from the board a question uh this is uh yes and hi

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um question um have you uh had these plans reviewed by the streets department

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Is there a stamp from them that they looked at this, your turning radius, your plan for the curb cut?

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Has that been approved by them?

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The answer is yes.

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My understanding is yes, that the streets department did review that prior to our submission.

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Okay.

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And is that in your packet?

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I don't know if there's an actual street stamp on there.

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Um, so let's see. Oops. No. Let's see. Uh, Intel. I don't know if that stamp is on there. So, Jared, you were going to say, uh, yeah, this was reviewed by the streets department.

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They did stamp it.

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I'm not sure.

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My architect was back and forth with them about how they wanted to see the curb cut shown, but it was approved by them.

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I'm not sure if they did stamp it since it wasn't within code of the RSA 5, but I know it was reviewed by them before we could even submit to get the refusal.

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Thank you.

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The other questions from the board.

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I have a question. I have two questions, actually.

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One, just looking at Google Maps, there looks like there's two bollards that are in the sidewalk in front of 516.

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And I'm wondering if those have previously been demolished as they are in the streets right of way.

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Yes, those have been demolished.

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And also on Google Maps, the two homes to the right of me have been demolished as well.

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They're going to be set back as far as mine and then go through zoning.

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And there's no bullards in front of their house as well.

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So everything has to be clear.

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To the right of you, you're referring to 512 and 514 East Cabot Street?

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The 512 and 514, 514 and 512, correct.

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And then you own 516 and 518, correct?

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Correct.

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so uh a question that i have were those houses demolished before or after you purchased the

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property after i purchased or the the properties when i purchased them they were lots and all four

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of them yeah all four of them were demolished at purchase yeah there was a little bit of history

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with the previous owners at this job site and then is there okay i'm sorry go ahead no i said

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There was a huge fire on that block that compromised those four properties that we weren't involved in, previous to our ownership, and then we purchased our two properties as vacant lots.

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Understand.

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And then just questioning, if you're building new construction, are the parking spaces a new addition and you altered your plans?

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Are the parking spaces a new addition and you altered your plans?

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Like, why are they a separate zoning denial to the new construction properties?

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So my client, like, this is a rather long process of at least six months.

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And in order to start the process, he originally just sought zoning for the construction of the building.

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And then in the interim, while he's constructing the building, we're also looking to get the zoning approval for the front parking pads, which, again, is not out of character because everyone pretty much on that side of the neighborhood on that block has similar type of parking pads.

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All right. Thank you.

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You're welcome.

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Questions from our attorney, Hillary Emerson.

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Not a question, but just a point of clarification.

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um typically if there's a curb cut and new curb cut involved there's a prerequisite streets

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approval um but then there's also if the zoning permit is issued um there is additional streets

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approval that goes more extensively into i think turning radiuses and that sort of thing

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um so there will so that i think that may be why it hasn't been stamped at this point because i

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