civus
Hearing video

ZBA Hearing - October 14, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 202556m

thank you

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good morning everyone my name is bill bergman and i will be chairing the meeting

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of the Philadelphia Zoning Board this morning.

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With me is our Vice Chair, Tanetta Graham.

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Present, Mr. Chairman.

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Our Board Member, Ryan McAdams.

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Present, Mr. Chairman.

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Our alternate Board Member, Emily Persico.

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Present, Mr. Chair.

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Also here is the Board Attorney, Hillary Emerson,

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our Zoning Board Director, Ian Haggerty,

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and the Board Administrator, Burstrator, Lakeisha Dandy.

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Recording of the hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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it. This is an in-person meeting with remote capabilities. Whether remote or in-person,

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if you're called to speak, you must state and spell your name, then wait to be sworn in.

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Once you've been sworn in, please state your name each time before beginning your testimony.

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Any person may enter their appearance to become an interested party to a case.

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There are three ways. You can identify the case property address on your Zoom webinar.

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you can see a staff member or you can call the zba appearance line by the close of business

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

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the property of the appeal here's the guidelines for our remote attendees first when directed by

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the chair you must raise your virtual hand in order to be recognized to speak

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Second, if you're called to testify, you'll be prompted to join as a panelist.

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Please accept the request and turn on your camera.

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A.

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And fourth, if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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Let's look at our schedule for today.

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number one mi 2024 001 941 53 15 to 17 chancellor street this case has been continued until 12 16 25

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at 9 30 a.m number two mi 2025 000 476 1625 north marshall street this case has been continued to

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12 16 25

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at 9 30 at 9 30 a.m. thank you

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number four mi 2025

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004 233 5900

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202 north 13th street this case is continued

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to 3426 at 2 p.m.

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Number 8, MI 2025, 005-235-700 South 2nd Street.

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This case is continued to 113-26 at 9.30 a.m.

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And number 9, MI 2025, 005-237-700 South 2nd Street.

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This case is continued to 113.26 at 9.30 a.m.

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Are there any other requests for continuances?

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Good morning, Chair.

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This is Jeff Benton.

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I'll be your co-host for today.

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I see no hands at this time.

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Thank you very much.

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Number three, MI 2025-003-689-3135 South Juniper Street.

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Vincent DeFino is the attorney.

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Chair Vincent Dufino is coming back in as a panelist now.

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Sure.

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Thank you.

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Good morning, Chairman, members of the panel.

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

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Yes, Vincent Anthony DeFino, and that's the last name spelled D-E-F as in Frank, I-N-O.

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Right.

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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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So, as you know, counsel, this is a reconsideration hearing.

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Yes.

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The evidence and testimony presented at the February 26, 2025 hearing in this matter are incorporated into the record for this hearing.

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The evidence and testimony presented at the February 26, 2025 hearing.

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The scope of today's reconsideration of hearing will be the presentation of supplemental written and photographic evidence that was not presented at the original hearing.

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Yes.

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So this is how we'll do it.

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You give us a presentation of supplemental evidence.

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There'll be questions from the board.

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will be public testimony only limited to the additional evidence you give today,

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and then we'll have updates from the Planning Commission.

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Okay?

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So, Counsel, why don't you start?

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Okay.

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Basically, just a little background on this.

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This is a rear deck in East Packer Park area, Stadium District,

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Veterans Stadium District handled the hearing.

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and um the uh refusal was basically for two reasons three foot setback is required one foot

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is what we were looking for and a staircase leading to the deck which we would believe

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would be okay a good thing because it's an egress in case god forbid there's a fire there's

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something that happens so we presented this case uh back february 26 and there was some concern

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about the adjoining neighbors and the councilman um so what i do have now is i have um letters from

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the adjoining neighbors if you could uh allow me to okay i could share and um

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I could go

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into here.

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Should be that green dot at the bottom

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of the shared documents.

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Yeah, I got the, I think, okay, share.

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Yep, it's coming up now. It'll be up in a minute.

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Okay.

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and here we have the request that was in right it was all submitted um to you

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can you make it just a little bit larger just a little bit okay i'm going to try

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i'm having a problem okay we'll we'll uh we'll find a way to see this here's a letter from the

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councilman they were concerned about what the councilman thought so the could the council

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president has sent a letter of support council president sent a letter of support they were

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concerned also about the adjoining neighbors the adjoining neighbors both send a letter of support

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okay and then there is also um a letter from my client but there's another letter from

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veteran stadium neighbors civic association okay supporting the request for reconsideration

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they supported the original zoning there was no opposition whatsoever from the neighborhood

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so that's basically it i mean if you need some pictures okay so the only the only other thing

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that i think you listed that i haven't you have a picture of other and another deck is that am i

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correct yes i do have pictures just for the record why don't you put that on there there's one okay

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right here with a staircase going down okay here's one that are actually a little bit larger this one

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here is a little

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this one here

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and they're on the

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alleyway so it's like

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and there's another couple

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there's another one

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another one

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why don't you bring your client on

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and have your testimony adopted

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yeah he's in the audience somewhere

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so he can raise his hand

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you will get him

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Mr. DeFino what's your client's name

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it's Phil

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Philip Crenitti.

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Philip Crenitti is coming back in as a panelist now.

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Good morning, Mr. Crenitti.

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hi everyone good morning sir could you please state your name and spell for the sonographer

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yes my name is philip criniti that's p-h-i-l-l-i-p last name is criniti c-r-i-n-i-t-i

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do you swear or firm to tell the truth the whole truth nothing but the truth

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I do.

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Please proceed, counsel.

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Yes, Mr. Crenitti, you heard my testimony here today.

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Is that correct?

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I did.

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You didn't hear my testimony?

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I did.

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Yes, he did.

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Oh, you did.

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Okay.

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And do you find it to be true and accurate?

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And would you adopt it as your own testimony?

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Yes, I am.

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Okay, thank you.

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Okay, questions from the board.

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i have a question how many of the other properties

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on your block already have stairs coming from the rear decks

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um there is a the pictures that we have here is just a one of them i believe there is two or three

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that's in the immediate neighborhood where i live not not specifically maybe on my block but within

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within the East Packer Bark area.

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Other questions?

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Questions from our attorney?

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Not at this time, Mr. Chair.

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Comments from the virtual audience?

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I've seen no hands, Chair.

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Planny, do you want to change your testimony or update?

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Do you want to swear me in first?

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Oh, sure.

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Hey, why not?

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Go ahead.

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state your name oh thank you chairman good morning david effecto f-e-c-t-e-a-u with the

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city planning commission do you swear affirm to tell the truth the whole truth nothing but the

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truth yes sir i do please proceed all right thank you sir uh chairman we would uh um request to be

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able to stand on our prior recommendation thank you very much um mr if you know what we're going

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to do with this is um a couple of board members have not seen the original um uh hearing and we

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have it on video so we're going to hold this and we're going to vote on this on the 29th of february

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of uh october at 9 30 a.m okay okay thank you thank you thank you for your presentation and

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thank you for coming in mr kennedy you got it thank you appreciate your time have a great day

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And Mr. Chair, I just want to note for the record, board member Wynne has now.

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Yeah, well, we have her and I guess our other board member can leave.

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And Emily, as usual, we thank you for your always quick response when we call.

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Thank you, Emily.

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A meeting that ran over.

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I appreciate you.

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All right. So number five, MI-2025-004-486-3935 Ogna Street.

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Myrda Felderker is the attorney. This is a remained hearing.

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It's coming back in as a panelist now, Chair.

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Okay.

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Good morning.

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Good morning, counsel.

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

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Sure.

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Meredith Ferliger, F-E-R-L-E-G-E-R.

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Okay.

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So this is a case that's been remanded from the courts.

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Correct.

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The evidence and testimony presented at the July 24th, 2024 hearing in this matter are incorporated into the record for this hearing.

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The scope of today's remand hearing will be limited to the presentation of supplemental evidence that was not presented at the original hearing.

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So you'll have a chance to present supplemental evidence.

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There'll be questions from the board.

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There'll be public testimony only limited to the supplemental evidence, and we'll see if planning has to change their update.

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So, counsel, could you please proceed?

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Sure thing.

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Give me one moment to get my exhibits up.

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All right. Good morning, Mr. Chairman, members of the board. By way of reminder, my client

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is Haverford Square by Metropolitan 7, represented today by German Yakubov.

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As Mr. Chairman mentioned, the case is before the board on remand from the Court of Common

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Pleas. What I'd like to do is just give the board a brief progression in terms of procedure,

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What I'd like to do is just give the board a brief progression in terms of procedure just to refresh your memory as to how this case is back before you today, and then I can once again refresh your memory as to some of the changed circumstances that have occurred since you heard this case quite some time ago at this point.

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just

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So as you might recall, the case was first heard by the board on July 24, 2024.

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That hearing followed two rounds of civic design review meetings, where, in a fairly rare move, the project was entirely redesigned in response to the committee's feedback.

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Unfortunately, at the time of the July 2024 hearing, there were some outstanding concerns which prevented the project from receiving support from the council office.

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This board denied the requested relief.

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An appeal to the Court of Common Pleas followed.

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Even though the council office was not a direct party to the appeal, for over half a year until February 2025, my client continued to work directly with the councilwoman's office, seeking to address any outstanding concerns.

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On February 19, 2025, and I will bring this up here, my client recorded a voluntary declaration of affordable housing covenants with the recorder of deeds that is of the same format of the declarations used by the law department.

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My client voluntarily agreed to restrict 20% of the units, or 18 units, at 40% AMI, which would mimic the obligations imposed under the MIN overlay that became effective in this area just slightly too late to bind this particular project.

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I did, as you can see, include a copy of that recorded declaration at new exhibit 21.

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