civus
Hearing video

ZBA Hearing - November 4, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 4, 20207h 39m

Yes, I am.

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Okay, sir.

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Please proceed.

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Confessor?

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Okay, last time we was here.

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Is this a follow-up hearing?

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It is a follow-up hearing, yes.

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Okay, all right.

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I'm sorry.

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Thank you.

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Please proceed, Mr. Levy.

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Okay, last time we was here and then we didn't have no approval or whatever from the RCO and then we had a meeting with them on the date and I don't really know what's happened there. I showed them whatever they asked last time, the drawing and everything, like they do have everything now and that's why we are here again.

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Did we get a letter from the RCO?

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Uh, no.

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Sharon, do we have anything in our file?

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I'm checking.

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One moment, sir. One moment.

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Surely we do know the name of the RCO?

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We do know the name of the RCO.

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No, we don't.

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I believe it is Swamp Poodle.

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we have um we have old correspondence from them on this case back from january so

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when did you meet with the rco sir on october 20th if i believe that's correct

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over 20th they give you any indication whether they were supporting your project or not there

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was a vote and honestly there was only two people on the block out of six and they weren't able to

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give me the results at the moment and what was the application for um the property um is we bought

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it as three but it was zoned as one we purchased it and then we just got to legal stuff and then

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they just told us we have to rezone it for three again and this is what we did okay

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i'm sorry i'm the manager i'm just here with him his english is not the best so

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Okay, your name, sir?

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Ziv Noah.

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Please spell it front and first and left.

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Yes, Z-I-V, last name Noah, N-O-A-H.

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

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Yes, I do.

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Thank you.

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Chair, if I could just mention that I did receive at 1.53 p.m. correspondence requesting a continuance from Swampoona.

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Okay.

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Can I ask, is the representative, I believe Adrienne Fernandez is the representative, is she?

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Signed on as a participant.

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No.

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Okay.

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He hasn't raised her hand.

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We're going to go, I want to go through the vote on this.

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It's already been continued.

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I'd like to vote this.

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Any objections?

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Here, I do see Charles Richardson here.

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I believe it's for this case, if he can speak.

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Mr. Richardson?

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Good afternoon, Mr. Chair. Let me clear up some things.

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Before you begin, just identify yourself with the record.

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Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.

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I just sent over to Sharon, and it looks like it went through on October the 21st,

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a letter from Nicetown Improvement Team, a letter of non-support for that property.

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They were asking for, and I'm trying to pull up the letter.

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They were asking for what?

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They were asking to, oh, here we go.

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They were asking to find, oh, here we go. The following requests were not fulfilled. They met with, okay, to the RCO ZPA zoning board. We, the members of Nicetown Tayoga Improvement Team, RCO, met with the applicant's representative, Mr. Nowell, on Tuesday, October the 20th, 2020, regarding zoning variances for the address listed below, 3248 Carlisle.

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The following requests were not fulfilled.

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They met with.

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The following requests were not fulfilled. Produce multifamily rental license.

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Excuse me, Mr. Richardson, I have the letter in front of me now. Do they understand that he cannot get a multifamily rental license unless he has the zoning approval first?

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And that is something that was a little confusing here to me as well.

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and the things that they're asking for

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aren't necessarily things that can be

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can be regulated

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by the zoning board

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one thing I do want to ask

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the applicant

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do you currently have tenants in that

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building at this point in time?

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Mr. Levy?

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You can unmute yourself

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Yes

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Are there people living in your building now?

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Yes

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How many units?

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All three are occupied?

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Yes.

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Thank you.

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Mr. Richardson?

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Excuse me, Chair.

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This is Sharon Saleta.

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You could add as a proviso that he obtain a rental license within a specific amount of time.

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Right, right.

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Is that Mr. Richardson?

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As far as that goes, the Councilwoman doesn't like to approve things that are already functioning illegally.

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But in the instance such as this, we will have no objection with the proviso included.

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Okay, thank you.

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Okay, calendar number 39608-3248 North Carlisle.

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My vote is yes with the proviso.

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Rental license must be obtained within 60 days beginning today.

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Yes, we're proviso.

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Yes, we're proviso.

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Yes, we're proviso.

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You understand, Mr. Levy?

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Yes.

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Yeah, I do understand.

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Okay, we're approving it, but you must get a rental license within 60 days.

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Take care of it tomorrow.

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Better yet, thank you.

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Thank you very much.

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Thank you.

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Okay.

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Is that everything on the add-on list?

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i believe meredith is next with other than yeah meredith is the next one right

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so mi 2020-360 no hold on i don't have the right i don't have all the numbers

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shall i read it in chair yeah because all i have is a 2020

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Oh, okay. I'm sorry. It's MI 2020-001180-3602, Brandywine Street.

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Thank you. And again, this is also number four on your list.

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Move that away. That's what happened. Okay. Okay, Meredith.

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Hello Mr. Chairman. Okay, please proceed. You've already been sworn in, correct? I sure have.

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All right, so I guess before I get started, Rami, do you want to hit the raise hand button now,

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we can get you sworn in. Also Harrison Haas if you want to also hit that raise

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hand button.

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Tanya did either of them raise their hand

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um yes Haas is available but um typically the chair will swear to amend so you can adopt later

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so it's up to the chair yeah let's move on we at the end of your testimony we'll thank you

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No problem. All right, so to refresh your memory, the board first heard this case concerning 3602-04 Brandywine Street, which is in Mantua, on September 30th.

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Now, during the hearing, few members of the community, some immediate neighbors, in fact, expressed some concerns about the proposal.

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Accordingly, the board suggested that we continue the hearing to have some further discussions.

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Accordingly, the board suggested that we continue the hearing to have some further discussions.

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We're back before the board today having come to an understanding with the immediate neighbors,

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all of them in fact, some who I believe do intend to speak when I conclude.

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Now to briefly summarize the original proposal, the application requested the consolidation of two lots

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and for the erection of a new structure that was originally intended to be a four-family dwelling.

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The original zoning plan is reflected at tab 5 and is up on your screen.

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Now, as a result of our discussions with the immediate neighbors, the plans have now been revised.

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The height of the proposed structure has been reduced from four stories to three stories.

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Furthermore, the number of units has now been reduced to three.

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The revised plans are reflected at tab six and I have also submitted five days in advance a revised

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plan with the revised plan proviso form. Now I did present our full argument concerning the hardships

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facing this lot to a single family development during the last hearing. Now unless the board

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desires I will not repeat those arguments in detail. However just to briefly refresh your

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memory, the only refusal we do have here is for the proposed multifamily use. The property is

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surrounded by a variety of different zoning classifications, including CMX2 across the street,

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RM1 to the rear, and RM1 along North 36th Street. Furthermore, pre-consolidation, these two lots are

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extremely small, each just over 700 square feet and 12 feet wide, which would make the by-right

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development here quite challenging as the lots are half the size required by the RSA 5 zoning

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district. They're also more narrow than any lot on this block. After consolidation, the newly formed

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lot will be 1,500 square feet. The former RM1 zoning would have permitted four units by right,

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but as I mentioned in response to our discussions with the community, we have agreed to reduce that

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to three units. Now of course I can certainly elaborate further if it becomes necessary,

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but the record made during the September 30th hearing should have sufficiently established

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the hardship to buy-right development. Now to refresh your memory as far as the community is

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concerned, we did meet with Mantua Civic Association that did support the proposal,

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and I do actually believe there are a few representatives from Mantua Civic on the

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line today in case additional input is needed directly from them, but their original letter

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of support is still reflected at tab 14. Rami, my client, also worked with the immediate neighbors

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here and reached an understanding. The only aspects of that understanding that are specifically

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before the board today are the plan modifications that I did describe before. So at this point,

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if we can get Rami sworn in just so he can adopt my testimony

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before we turn it over to Mr. Haas from the community.

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Rami Shreem.

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I don't have anyone with that name with their hand up.

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Is it, do you possibly have under Sam from Mantua RCO? I believe they are sharing a computer.

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Okay, they can unmute. Thank you.

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Hello, this is Rami Shraim. I'm here with Sam and Gwen from Manchua Civic Association as well.

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Rami, name and address for the record, please.

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Rami, R-A-M-Y, last name Shraim, S-H-R-A-I-M, as in Mary, 433 North 32nd Street, 19104.

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Mr. Chairman, do you need to swear him?

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Frank, did you lose audio?

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Okay, we can pause until you come back.

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Well, we need to swear somebody in, Altonia.

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Yes, confessor Rami.

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Okay, I'm back.

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Rami, you swear?

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Can you hear me now?

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Yeah, we hear you.

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Okay, finish, confessor, yeah.

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You swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Rami have you heard all my testimony offered before the board today yes and would you adopt

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that testimony as if it were your own yes okay thank you that's all I have for Rami I know

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Harrison Haas would also like to speak

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good afternoon chairman and members of the zba

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sir you're going to have to speak up good afternoon can you hear me now a little bit

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better get closer to the mic or increase your volume i think this is probably the best i can

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do that's pretty that's okay please give us your full name and spell it certainly my full name

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is Harrison Hawes. That's H-A-R-R-I-S-O-N. And my last name is Hawes, H-A-A-S. And my address

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is 516 North 36th Street. We're going to affirm to tell the truth, all truth, nothing but the truth.

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I do. Thank you. Please proceed. Thank you. I'm here to state that Meredith,

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Rami and I, and the other adjacent neighbors met together, discussed the proposed plans

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that you see before you, and reached an agreement for the aforementioned reduction in height

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and the reduction in density to three units.

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And as a result, we collectively support the proposed plans.

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Thank you.

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Thank you for your testimony.

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do you have anyone else meredith i do not know okay uh do you i'm sorry do you need to have

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anyone adopt your testimony i already did okay that's probably when i lost everybody all right

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uh questions from the board no no uh anyone else would like to testify in this case if so please

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raise your hand no hands thank you meredith uh revised plans yeah i did submit the revised plans

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and the revised plan provides a form to uh to tanya and sharing how many pages oh i'm sorry

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just one one page and that reflects the number of units being reduced it certainly does yeah i can

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zoom in so that you can see it i just want to we're good i just want to make sure i want that

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on the record thank you okay uh planning commission

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good afternoon chairman members of the board ian litwin planning commission staff i need to be

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sworn in please spell your last name ian it's ian ian litwin l-i-t-w-i-n you swear and affirm

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to tell the truth the whole truth nothing but the truth yes i do please proceed okay so this

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