civus
Hearing video

ZBA Hearing - October 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 12, 20223h 32m

We're seeking to incorporate the basement into the existing living quarters for this.

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It's still a single family.

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but there's no intention to have it as a multi-family it's basically converting the

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basement into living space for the existing family that is there but Mr. Feynman based on

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the pictures that we're seeing it's a complete separate dwelling unit there's separate living

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space bedroom bathroom and kitchen well what I didn't show in the photos is there's a stairway

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that leads up to the first floor and the kitchen and dining area on the and living areas on the

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first floor the the son doesn't have access to that because he's in the wheelchair right so it's

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a separate dwelling unit in the basement for him that is what's being created and that is what

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needs to be requested even though the stairwell still is there there's nothing to stop the

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stairwell from being closed off so so mr fineman what what i think you need to do is to reapply

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you know change what you're asking for and then i think you go back to the rco and explain the

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situation of what it is and then then you come back okay is that right hillary yes he needs to

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um request from the board permission to amend the application and then go back to l and i and

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ask them to amend it to add that additional use of two f2 family dwelling

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well so we give him permission to do that hillary we yes we would we would grant permission to do

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that but he needs to make that request in writing to the board okay thank you i will i will take

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care uh addressing that and doing that promptly and i greatly appreciate the um the courtesies

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okay all right hillary thank you yes thank you thank you mr feyman thank you very much

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Okay. Have a good day. So we bounced around a little bit today.

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Is there anyone in the virtual audience whose case has not been heard?

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I see no handshare. Okay, everybody. She, everyone at two o'clock. Thank you.

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All right. Good job, all.

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Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon ZBA hearings.

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With me is Ismail Shahid, our board secretary.

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Present, Mr. Chairman.

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Thomas Hollman, our board member.

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Present, Mr. Chairman.

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And James Snell, our board member.

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Present, Mr. Chairman.

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Our board attorney is here, Hillary Emerson, and also Lakeisha Dandy, our ZBA hearing

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supervisor. Before we begin, here's our virtual format. Be advised the proceedings are being

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recorded. By participating, you acknowledge your agreement to be recorded. The video will be

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available by contacting tonyasunkett at phila.gov. For the benefit of our court stenographer,

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we ask attorneys and witnesses to identify themselves before testifying. If you're

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participating by phone, if you wish to testify, press star nine to raise your hand and star six

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to unmute. To enter an appearance statement, call 267-270-5548. Leave your email, the address of

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the property in question. And finally, the question and answer box on the screen is not

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for comments or testimony. Any comments should be directed to our Executive Director, Tanya Sunket.

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So let's look at continuances for this afternoon. Number five, MI 2022, 001-761-3518 G Street.

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That case is continued.

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And case number nine, MI 2022-002-208-744-North Forty Street, that case is also continued.

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Is there anyone in the audience who has a comment relative to those two cases, five and nine?

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I see no hands, Chair.

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Is there any other requests for continuances for this afternoon's list?

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I see no hands, Chair.

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Okay.

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Well, number eight, we have no exhibits.

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No exhibits. And that's case number MI-2022-001-374-4812 Knox Street. Joanne McCauley is the owner.

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And that's case number M-I-T-E.

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I see no hands, Chair.

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So that case is continued. MI-2022-001-374-4812 Knox Street. The case is continued.

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And number two is a withdrawal. That's MI-2022-001-681-3878 Lancaster Avenue. That case is

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withdrawn. Any other withdrawals? I see no hands, Chair. We're going to go to our add-on list.

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Number one, MI 2022-003-170-2300 North 18th Street.

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There will be a result.

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Excuse me.

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Sorry.

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I just realized there is a typo in the listing.

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It should say October 26th, not 28th.

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Thank you.

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Thank you.

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No problem.

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Sorry about that.

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resumption there will be a resumption hearing on

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the 26th yes Wednesday the 26th in two weeks okay okay there will be a resumption hearing on

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Wednesday October 26th at 2 p.m. for the limited purpose of taking testimony from a representative

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of the 16th Democratic Board and they have responses from the attorney. And number two,

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MI 2022, 001-057-3251 Fox Street. This case will be continued for two weeks.

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And let's go to our regular list. Mr. Chair, with the last one, can we just announce the

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vote on the case is now scheduled for October 26th at 2 p.m. Thank you.

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Okay, so

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okay, hold on a minute.

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okay so this this case the vote will be taken october 26 at 2 p.m is that right

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yes for 3251 fox street yes 3251 fox street thank you

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And number one on our regular list, MI 2022-001-676-3618 Sears Street.

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Leo Mulvihill is the attorney.

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We do have a letter, Hillary.

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We have not received the letter yet.

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My understanding from the RCO is that it will be a letter of support, but we have not received it.

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Okay. Thank you. Mr. Mulvihill.

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Good afternoon, Chairman, members of the board. Hopefully, I don't have the Zoom issues that I had this morning.

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I don't think you do, but just could you raise your volume a little bit, Leo, please?

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Certainly. I'll do my best. I'll edit that right now.

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all right you've already been sworn in could you identify your client in relationship to the

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property certainly my client is the owner of the property it's emble's property in philadelphia

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say that one more time leo i'm sorry we're still having issues hearing me chairman

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man yeah uh we're gonna back out and get back in i'll okay thank you

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you

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You

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Jim Overhill?

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he's not back in yet chair okay

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all right let's wait just a couple more minutes in the moment

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Okay, so why don't we move on to a case that we believe is ready, okay?

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And we'll take Leo at the end.

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MI 2022-003-408-1030 Loney Street.

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Clementa Amazon is the attorney.

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A letter of support from the Fox Chase Homeowners Association.

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Ms. Amazon is coming back in as a panelist.

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Good afternoon, Chairman, members of the board.

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Hi, counsel, could you state your name and spell for the court reporter, please?

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Of course, Clementa Amazon, C-L-E-M-E-N-T-A, last name is A-M-A-Z-A-N.

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

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I do.

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Could you identify your client in relationship to the property?

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Of course. My client is the owner of the property, and his name is Anthony Samarco.

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Okay, thank you. Ishmael, are you going to pick it up?

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Sure, I can share, no problem.

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Good afternoon, counsel.

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Good afternoon.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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did you email all the exhibits and documents as required such as the proof of ownership tax

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clearance copy of the refusal or referral pictures or drones of the property five days

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in advance to this hearing and did you meet with the rco and do you have a letter

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yes and we do have a letter of support okay thank you so much proceed and share your screen

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of course thank you

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Can everyone see my screen?

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We're fine.

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Perfect.

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So again, my name is Clemente Amazon, and today I will be representing the owner of

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1030 Loney Street.

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During my presentation, I will go through the refusal, the letter of support that we

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have from the community, the letter of non-opposition from Councilman O'Neill.

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We did also meet with the Planning Commission, who provided us a review lever of said meeting.

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plans for the property photos of the property as well as the surrounding area maps of the area the

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notice that was sent to the community of the community meeting our certificate of mailing

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the application for appeal the deed for the property certificate tax plans as well as the

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memo that was submitted so the refusal for this property we only have one refusal which is for

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the accessory parking location where my client has converted the lower use for a interior parking

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space which is not permitted in this district the property is currently zoned as rsa3 so the

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refusal reads for the removal of one existing accessory interior parking space and the creation

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of one accessory service parking space and we did meet with the community and we do have a

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letter of support the community was held on june 8 2022 and as you can see we did receive resounding

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support for this particular project which is straightforward and we received a vote of 25

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in support and only three in opposition to the project and we did also receive a letter from

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the councilman's office indicating he had a stance of non-opposition as well as a meeting with

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planning just going over the refusal as well as why we felt that there was a hardship for this

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particular property and that the use is very similar to that of what is going on in the

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neighborhood the accessory parking space is very common throughout this 1000 block of Loney Street

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Furthermore, as you will see in the presentation, there are other similar properties that have

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also made similar conversions.

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So it is also a hardship in that if this is not granted, it would lead to the property

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being not used to its full potential.

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And again, the distance between the easement and the rear wall is 28 and a half feet, so there's ample space for parking.

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And again, the distance between the easement and the rear wall is 28 and a half.

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This isn't a situation where you're trying to squeeze in parking in any way, as you'll see in the photos of the property as well.

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And here we have the site plan. This is a single-family home.

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There are no changes that are being made, with the exception of the lower-level floor here, which will be converted into a parking space for one car.

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and here we have a view of the front of the property and you'll see a closer shot of the

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rear of the property so this is the area that has since been converted and this is the driveway

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again this is very similar to other properties in the area the driveway matches that of the

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properties next door on either side of the property as well here we have a view of the

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front of the property on Loney Street and here we have a view of the posting of the property

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letting the neighborhood know of today's community excuse me today's dba hearing

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and this is a photo of before and a photo after the rear of the property as you can see the only

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changes to the driveway is that it has since been paved and then changing the door to include only

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a single door as you can see this is also above grid views of the interior and this is only

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shoot the left of the property only shoot to the right of the property and this is the rear access

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easement as you can see here this is commonly used for parking vehicles so this is not an

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uncommon use for this particular area a zoning map indicating that this property is zoned as rsa3

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and there are three other properties as you see here that have similarly been converted

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specifically 1014 loney street as well as 1027 loney street and 1019 loney street

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and this is the letter that we sent out indicating that there would be a community

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meeting that would be held on June 8th at 7.30 p.m. As you saw, we did receive resulting support

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for this project, a copy of the refusal that was attached. Again, we're simply asking for the

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accessory use of a surface parking space, as you saw in the photos, as well as other properties in

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the area. This is not uncommon for this particular neighborhood. And this is indicating that the

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mailing was, in fact, sent to all the properties as being effective. The application for appeal

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our project information form, and indeed showing that my client does in fact own the property.

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As well as our certificate of tax clearance and the memo that was submitted along with

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the presentation material. And as you can see here in this exhibit, this is a use that has

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dated back to 1996 of using the, excuse me, driveway as an accessory parking space.

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and the nearby non-conforming uses so with that i will answer any questions that the board may have

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and have my client adopt my testimony why don't we one of you adopt have your testimony adopted

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thank you um if i could have anthony samarco raise his hand so that he could adopt my testimony

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mr samarco please unmute yourself yes i'm here i could you please state your name and spell it

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for the court reporter, please?

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Sir, Anthony L, middle initial, Samarco, S-A-M-A-R-C-O, Jr.

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Right.

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Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth?

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I do.

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Counsel.

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Thank you.

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Anthony, did you hear my presentation this afternoon?

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I did.

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And was it true and correct?

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Yes, it is.

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And would you adopt it as your own testimony?

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Yes, I would.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have Beth C.

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Okay.

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

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Ms. C, please unmute yourself.

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