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Hearing video

ZBA Hearing - February 1, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 1, 20235h 16m

back out and

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had them sign letters

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of petitions for

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folks that did not attend

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the original RCO

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meeting

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You know, and there are just so many people that are in support of this particular project because we have a direct service that we are providing to the community, and we have been doing that.

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We've had a NAC contract and providing those services since 2015, when we actually became a CDC.

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Okay.

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All right.

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Thank you, sir.

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um Mr. DeBovey do you I think he's explained pretty well what what he wants to do there

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yeah as well as you yeah but I I just want to just add right because we did uh receive a letter

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of opposition and I understand and I wanted to respond to that because also part of our package

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we have a petition of support and and and with that they they and I wanted to bring up

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uh the uh what the letter uh from the rco um i think they titled it the letter of explanation

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whereas they actually admitted that there were 15 people at the rco meeting and no one asked

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us questions okay no one i think i started off by saying you you you put a petition in with 77

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the neighbors. Yes. And I want the board to understand that because we do know that the CDC

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has been around for such a long time, has been doing work, right? And the fact that we had this

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And the fact that we had this RCO meeting that had no questions, and it was done virtually, and juxtaposing that with the fact that we got 77 signatures.

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RCO meeting that had that had no.

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Okay.

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I understand.

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So thank you.

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So we clearly submit that we do have the support of the surrounding area.

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I do believe that there was something amiss at the RCO.

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We can explore that should the board chooses, but at the end of the day, we do know that the community will be happy for a project like this.

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This is bringing back something that the community has seen for over 60 years, albeit it won't be a grocery store, but there will be commercial activity.

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And it also has the fact that we have residential that's there, which is still continuing with the intentions of the overall intention of the current zoning.

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And we believe the fact that the structure exists in this particular configuration, we cannot create a single family home structure.

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Therefore, that's the essence of our hardship.

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So questions from the board?

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No, Mr. Chairman.

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Hish?

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No, Chair.

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Questions or comments from the virtual audience?

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Yes, Chair.

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We have Ingrid, last name ending in V.

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Okay.

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

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Hi, my name is Ingrid Bernadette Weich, but I go by Bernadette, B-E-R-N-A-D-E-T-T-E, Weich, W-Y-C-H-E.

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Right. Do you swear or affirm the whole truth, the whole truth, nothing but the truth?

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Yes, I do.

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Proceed.

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While I was at the RCO meeting and there was voting on the project, there was near about, I say 75% of the people said no.

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So my question was, was there any questions why that anybody would say no to this project?

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Nobody answered me.

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Nobody gave any explanation or anything.

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I voted for it because I lived in this neighborhood all my life.

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And I know the store, S. Whitey, was always deemed commercial, and it was Cartman's on the second and third floor.

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Okay.

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You're in favor of the project.

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Yes, I am.

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Thank you very much for taking the time to call in.

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We appreciate that.

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Thank you.

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Is there anyone else in the virtual audience?

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Yes, Chair.

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We have Andrew Goodman.

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Good afternoon.

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Good morning, Mr. Goodman.

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could you please state your name and spell for the court reporter good morning andrew goodman

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g-o-o-d-m-a-n here representing office of third district council member jamie gaudier room 586

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city hall you swear a firm to tell the truth the whole truth nothing but the truth yes i do proceed

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thank you thank you members of the board i'm here to testify in support of this applicant

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and asking if the board grant the requested variance um i think there are i wasn't at the

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rco meeting so i can't you know can't um you know hypothesize on on that and what transpired but we

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do think this is a unique circumstance that's worthy of unique consideration you know the

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reasons that the applicant already identified about the kind of clear historic use and setup

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of this building is you know certainly the biggest one and um we weren't we weren't the district

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council office when the remapping of this area was done. But having now worked in a council

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office for three years and seeing how the neighborhood remappings get done, there's

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often an inventory of corner commercial uses and seeing whether or not they're occupied or vacant.

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So my educated guess is that the explanation for the remapping is probably just because it

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was vacant at the time of the remapping, not a clear and direct criticism of corner commercial

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use. We try to encourage it whenever possible. And we're grateful that, you know, that in this

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situation, that it would be kind of reanimated and reactivated in the way that it is. And, you know,

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as a nonprofit office, we don't think it would put any kind of undue burden on adjacent flocks.

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And for those reasons, we support the granting of this variance.

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Thank you, Mr. Goodman. Anyone else in the virtual audience?

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thank you mr goodman anyone else in the virtual audience

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hello sir this is jason hand again i do not see any hands at this time thank you very much

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planning commission thank you chair bergman ian hegarty for the philadelphia city planning

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commission board members in 2017 the zoning map was amended in this area in accord with

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the recommendations from the comprehensive plan and with the support of the community

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this proposed use is clearly consistent with the documented prior use of the building and with its

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existing physical configuration city planning commission recommends that the board grant the

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variance thank you mi 2022 005 109 769 north 39th street i vote yes

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thomas holloman my vote is yes

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ishmael shaheed my vote is yes thank you thank you council thank you mr chairman

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Take care.

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So number 11, MI 2022-005-195, 1331 North 2nd Street, Parcel B.

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Henry Clinton is the attorney.

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Letter of support from South Kensington Community Partners.

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Mr. Clinton will be rejoining as a panelist, sir.

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Good morning, Mr. Chairman and members of the board.

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Henry Clinton.

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Hi, Mr. Clinton, spell your name, please, for the court reporter.

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Sure, Henry, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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

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I do.

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Could you identify your client, your relationship to the property?

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Sure. My client is Kumars Karamaiti, K-U-M-A-R-S, Karamaiti, K-E-R-M-I-N-A-T-I, and he is on the call.

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Our vice chair has a few questions for you.

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Good morning, counsel.

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

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Yes, I do, Mr. Shahid.

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Have you emailed all the exhibits required for this case five days in advance to this hearing?

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All the exhibits except proof of tax payment, which was forwarded yesterday.

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So now all the exhibits are in hand.

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Thank you, Mr. Clinton.

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And please proceed and share his screen.

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Mr. Chairman, is that visible?

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It is.

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All right.

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Again, good morning, Mr. Chairman, members of the board.

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Henry Clinton on behalf of the applicant, which is 1330 Pale Forb, LLC.

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As I said, Mr. Caramides is on the call, and he's the principal of that LLC.

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see. Table of contents containing exhibits AA through A10, which I ask be admitted into the

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record. Appearance statement and the refusal. So this is a request for a front-loaded garage

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on a street that has no on-street parking, on a street that has existing garages on it,

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and on a street where the back end of the properties to the east also have curb cuts

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and are used for parking we're not asking for any relief with regard to height open space or rear yard

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we do have an rco letter of support as the chairman referenced earlier

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and just to give the the chair and the board some perspective uh this uh was a property that went

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from Pale Forb Street to 2nd Street.

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2nd Street is in the background here

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and the property was subdivided.

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So that's why before the board,

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it's listed as 1331 North 2nd Street, Parcel B.

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We are Parcel B.

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Parcel B is actually 1330 Pale Forb Street

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where my cursor is.

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So as the board can see,

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there are other garages on the block already

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on that side of the street.

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You can see there's no on-street parking.

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vehicles are popped up halfway on the curb, halfway on the street. And then also the rear of the

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homes to the east, you can see that there's driveways leading to the back of their home

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for parking. So there's a number of properties on the block that already have curb cuts and parking

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because, as I said several times, there is no on-street parking. And this is a view of Palthorpe

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Street, 1330, looking southbound. You can see to the left the numerous curb cuts

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for parking to the rear of the property,

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to the east.

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Our zoning notice,

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some other parking on the street,

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getting existing curb cuts.

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The plans are relatively straightforward.

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It would be a four-story property,

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no basement.

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There's some elevations

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of what the property will look like,

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uh where my cursor is on the left side of the of the plan and in terms of the floor plan we have a

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where my cursor is on the left side

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of the plan.

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garage on the first floor uh some office space mechanical here on the first floor moving to the

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second floor we have the living area dining kitchen third floor is a one bedroom master

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and then to the fourth floor there's two bedrooms and access to the rooftop deck

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a lot of brick on the front we did make some changes to accommodate some of the wishes of

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the community group but there was overwhelming support because of the lack of parking on the

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street i don't want to belabor the presentation mr chairman but basically we are in a situation

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where we are not going to take a parking spot from the street because frankly there's no spots to

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take we're actually going to take a car off the street and put it on an indoor parking space

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we're not altering the essential character of the neighborhood there's numerous curb cuts on the

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block we are not affecting either adjacent property light or air as i said there's no issue

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with regarding the height of the building or the open space or the rear yard and i believe that

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we're in harmony with the general tenants of the code and certainly we're in harmony with what the

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wants and desires of the community group as evidenced by their letter of support with that

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I would rest my case, ask my client to adopt testimony, and also entertain any questions

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from the board or from the virtual audience. Okay. Client's name again, sir.

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Mr. Karmadi, can you raise your hand, please?

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I'm going to have to speak. Hi, could you state your name and spell it, please, for the court

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reporter sure good morning my name is kumars karamati first name k-u-m-a-r-s last name k-e-r-a-m-a-t-i

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right do you swear for him to tell the truth the whole truth and nothing but the truth

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i do proceed mr karamati were you on the call uh when i just presented your project on pail

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pail forp street yes i was and if you had the opportunity to testify would you adopt my

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testimony as your own and as true and correct i would thank you very much questions from the board

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no mr chairman no no mr chairman questions or comments from the virtual audience

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chair there is a hand up from mr matthew mitten allowed him to speak at this time

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hi could you state your name and spell it please for the court reporter

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hi my name is matthew litten m-a-t-t-h-e-w-l-i-t-t-o-n right you swear affirm to tell

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the truth the whole truth nothing but the truth yes are you a neighbor yes actually sir i just

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moved in we just bought the house uh settled on december 30th all right okay okay proceed

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I live in 1328 North Path of Thorpe Street.

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We just had a question.

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Me and my fiance were wondering how in concern with our work, we're freestanding townhome at the moment.

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The previous owners had applied siding to our our home.

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Will there be a surveyor to come out to make sure our our property is in accordance with what the state has on record for our marking of our land?

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because we had a representative of the builder come out to us and actually

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passively kind of tell us, you know, if we're on their property,

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they're in all rights to dig into our side.

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And we just want to make sure there's no complaints.

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I think, and our council will correct me if I'm wrong,

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I think those kinds of issues are licensed inspection issues and not a

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zoning board issue. And I know you, you know,

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have concerns for it, but I think you'd really be better off taking it up with license and

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inspection and not the zoning board. Hillary, is that correct? Yeah, anything related to

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the property lines and surveys, I mean, those are private issues, but also the streets department

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can get involved in terms of doing surveys and that sort of thing, but construction safety

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