civus
Hearing video

ZBA Hearing - September 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20205h 34m

thank you anyone else wish to testify in this case if so please raise your hand

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chair we have slum folks

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good afternoon again mr folks just identify yourself you're still on the roof

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Good afternoon, Chairman Chico and ZBA Board.

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Sloan, folks, FSF Fire, OLKS, Office of Councilwoman Maria Keona Sanchez, Room 508, City Hall, 19107.

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The applicant, having met with the RCO and receiving a letter of no position, our office offers non-opposition to this very request.

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Thank you very much. Anyone else wish to testify in this case? If so, please raise your hand.

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no one chair thank you i went out of order any questions from the board no no planning commission

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chairman and members of the board this property is zoned for single family residential in the

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comprehensive plan the planning commission has no opposition to the granting of the variances

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requested thank you very much mi-2020-000-800-2406 north howard street my vote is yes

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my vote is yes my vote is yes thank you uh is the sonographer we have two more cases

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in this session. Are you okay? Do you need a break? Okay, thank you. MI-2020-000854-2531

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north 2nd street and mi-2020-000855-2531 north 2nd street mr knockinson uh good afternoon mr

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chair members of the board alan knockamson of knockamson pc 123 south broad street uh suite

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1600 Philadelphia PA 19109. I'm here to present 2529 and 2531 North

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2nd street I will share my screen

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And you will see a packet of materials in front of you, which include eight exhibits.

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The first is the agreement of sale to the property or properties for these properties.

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Second exhibit, you'll see a certificate of tax clearance, or showing that the owner

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is in good standing with the City of Philadelphia.

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Third exhibit is the notices of refusal.

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So each property has its own refusal, and essentially it's the same.

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Both are CMX2 properties, and we're allowed to have three units, two residential and one commercial.

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As to both, we're just looking to swap out the commercial unit on the first floor and put a residential unit,

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and these will each be three-unit condominium buildings.

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Last month, August 25th, we presented 2262 North 2nd Street under MI-2020-000771, the

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same circumstances for the same client of E2 properties.

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In that presentation, as well as this presentation, we asked for the board to hold it under advisement

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only because we're meeting with the community September 9th and we would like community input.

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But we did meet with the coordinating RCO.

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We had a pre-community meeting with them last month,

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and they were very receptive to this plan of converting essentially the commercial use on the first floor to residential use

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to increase the ability of the commercial corridor on North Front Street to succeed.

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During that hearing last month, I also pointed out that we did 2401 North 2nd Street, which is a 102-unit apartment complex under calendar number 38531.

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We have presented, not for V2 Properties, but for another client, where we have heard time and time again from the Norris Square Community Alliance and from the neighborhood in general,

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In order to make the commercial corridor succeed on North Front Street, they would like to push the commercial uses to North Front Street and keep the residential component of North 2nd Street intact.

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So, you know, here's the application appeal for these matters.

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and here are the

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you'll see this is

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even though this shows CMX2

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or ICMX

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on North 2nd Street

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that's the furthest thing from the truth

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you'll see from the photographs

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that this is a residential neighborhood

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I mean there is a parking lot here

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but on this side there's a residential

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in nature and they would like

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to keep that intact

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so you'll see there it's residential

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And then you'll see the floor plans, typical V2 property, you know, three unit condominium building. Each unit has its own floor, brick facade. And you'll see that we're meeting with them on September 9th.

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I will point out that the Planning Commission, when hearing this exact same presentation at 2262 North 2nd Street, recommended for the approval of the zoning appeal.

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For 2262 North 2nd, not this, obviously.

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Bill, can you virtually raise your hand again?

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He's already sworn in just to identify himself.

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He's still on the roof.

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Okay.

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Okay. Bill, can you state your name and address for the record?

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Bill, you have to unmute yourself.

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Okay, Alan, can you hear me now?

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Yes.

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Sorry to interrupt.

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No worries. State your full name and address for the record.

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for the bill archer 130 clover lane perky omenville pennsylvania 18074 all right uh and you heard

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everything i stated today yes and is it true and correct yes and would you adopt as your own

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testimony yes i would okay thank you questions from the board no no anyone else wish to testify

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in this matter, please raise your hand.

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We have slum folks.

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Folks, you're still under oath.

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Just identify yourself with a record, please.

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Once again, Chairman DiCicco, good afternoon.

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Once again, Chairman DeChico,

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good afternoon.

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Slum folks.

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Sloan folks, S-L-O-A-N-E, F is a fire, O-L-K-S.

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Officer Councilman Maria Ciena Sanchez from 508 City Hall 19107.

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We just respectfully request that the ZBA hold this matter until the community has a chance to weigh in.

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We appreciate and understand that there's a preliminary meeting with the NSCA committee,

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but we just want the community to have a chance to hear what the various request is

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and give their opinions and ask questions.

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And we only want the Norris Square, we only ask to hold so that Norris Square can make their opinions known to the ZBA.

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Thank you.

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Thank you.

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Anyone else wish to testify in this case, please raise your hand.

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no hands raised thank you planning commission

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chairman and members of the board this property is zoned for commercial mixed use in the

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comprehensive plan staff has no opposition to the admission of the commercial use and

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the granting of the variance is proposed thank you sharon and or tanya do we recommend a

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attorney moving party?

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Since they have

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a definite date for the RCO

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meeting, maybe if

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Tanya, if you have a date available after

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that for them to return for the community

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input. And

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actually, I just want to interject. We

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do have a date, and I don't have in my notes

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of course, but we did have a date

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well, after

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September 9th, Mr. Chair.

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For 2262

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North 2nd Street, when we met

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uh on august 25th we did create a supplemental hearing date uh in time and i don't have it in

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my notes all i would ask is let's have all three of these heard together

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but you don't you know i don't i don't i don't have it in my notes it was stated on the record

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and i'm trying to look um and i don't seem to have it in my notes but we leave it this way

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that i'll read it in that this case will be resumed on the date to be uh to be uh

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to be decided on and that way alan can get back to tanya with it with the date for the other

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hearings sure that works all right and this again is limited yeah yes absolutely thank you all right

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So MI-2020-000854, 2531 North 2nd Street, MI-2020-000855, 253 North 2nd Street.

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the hearing will be resumed on a date specific to the date to

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a date certain that will be supplied to us by mr mr knockinson excuse me at which time

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we will only consider any feedback from the rco

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and that date will be consistent with the date on the other second street north second street

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property you'll get get that date to tanya please thank you okay does that work tanya

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yes chair it does thank you calendar number three seven six seven nine

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two seven zero dupont street is a reconsider case for reconsideration

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Mr. O'Brien Mr. O'Brien and Mr. Wise, you've both been promoted to panelists.

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You can share your screen and unmute yourself so that you can be sworn in.

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Good afternoon. Good afternoon. Please identify yourself with a record. I'm Coren Wise,

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attorney for protesting RCOs and neighbors, RCOs including Central Roxborough RCO and many of

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neighbors please spell your name sure c-o-r-e-n w-i-s-e and you swear and affirm to tell the

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truth the whole truth and nothing but the truth i do thank you mr o'brien please identify yourself

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good afternoon mr chairman members of the board william o'brien from manioc law office 4322

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Good afternoon, Mr. Chairman.

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Members of the board, William O'Brien from Manioc Law Office,

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4322 Main Street, Philadelphia, 19127.

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We're confirmed to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Thank you.

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If I could just interject one thought, Chair,

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if we can have Mr. Wise put his address on record.

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Wise?

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Mr. Wise, your address?

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I'm sorry, my phone's ringing.

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I think, do you hear that?

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I'm sorry.

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I'm trying to not

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shut myself off in the process

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Okay

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Cor and Wise

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Law Offices of Cor and Wise

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100 North 18th Street

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Suite 300 Philadelphia PA

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19103

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Thank you

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Mr. O'Brien

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Are you

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I believe Mr. Wise's client

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is the moving party

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Okay, thank you

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that's right yes thank you um mr chair uh members of the panel um this i believe this is our fourth

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appearance uh before the zoning board we were heard on this application originally in november

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i think that was this that might have been the second listing um it was held for a vote uh so

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that parties could um try and come to a compromise although they had tried uh value valiantly

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uh before that hearing um a decision was received in january of 2019 um uh after a letter from mr

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o'brien had been hand delivered but uh mailed to the rcos i don't believe i got a copy um

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that could have been an oversight uh we that 2019 or 20 i'm sorry the november hearing was 2019

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the decision was January 2020 okay thank you yes thank you a reconsideration was requested by

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the joint RCOs on this project on this application because it's such an important

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application and really does change the nature of this block and the neighborhood and we do

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um we do thank the board for hearing us uh and we're here in september and thank you all for

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your efforts uh it's been it's been a long slog um this is this is 270 dupont street um this

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present on the property is a compliant non-conforming three-family dwelling

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uh that's been there for years it's occupied excuse me for interrupting sir do you have

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any exhibits you can share with us? I do. Does everyone see where we are? So this is

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the exterior of 270 DuPont Street. It's a corner property and where these cars are,

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if you can see my cursor is dupont street this property faces on dupont street and this one-way

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street where my cursor is on the side of the property is fleming street uh the nature of

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dupont street is front-facing homes on dupont street there's uh i don't believe there are any

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driveways uh presently uh mr o'brien's applicant appeared before the board testified that they are

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equitable owners with the property under contract they testified that the agreement of sale the

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consideration of price was a secret matter confidential um and we're seeking to uh raise

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this property take it down and build subdivide this single family lot which is our uh i believe

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rsa uh it's a single family lot rsa3 or rsa5 um and uh construct four originally the project was

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to construct four fleming facing uh uh homes townhomes uh this would dramatically change

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the character of this block of dupont street this is a prominent property on the corner

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of what is a main drag in this area um with all these properties facing on dupont and uh what

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would happen would be then this property would be facing fleming street dupont street would now have

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a side of a building, and there was a proposition which has been adjusted a few times, but at

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some point, if not continuing to today, the proposal was for a driveway with a curb cut

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on DuPont Street so that the newer homeowners on Fleming Street would access rear-facing

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parking so that the neighboring properties on DuPont Street would then be looking at

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the back of a house with a curb gun and a drive aisle there.

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with a curb cut and a drive aisle there. The neighbors, when we appeared in November,

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I forget the exact number, the record would reflect that I believe at least 15 or 16 near

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neighbors did appear in person at our hearing before the Zoning Board. Several testified

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along with me appeared John Carpenter and Celeste Hardister from the Central Roxborough RCO as well

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as John Hunter and Celeste Hardister. I have my notes backwards. The representatives of the

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Many Young Neighbors RCO as well as the Central Roxborough and they are here on the call today

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as well, as well as several neighbors. I believe, and we'll, we'll find out when we get to that

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point, but I want to also share a petition that was, was handed up at the prior hearing,

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which you'll, you'll, there's, there's several, obviously several pages of petitions. This was

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circulated online. All these zip codes are 198. I believe there are several 197, but to

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highlight the opposition to this we also went through and showed let me spin this so you can

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view it we we did want to show the board um on the map that we have 270 here and in that petition

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i believe which is five pages of over uh over 100 signatures near neighbors are noted on the

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on the map with green checks uh also with me today on the call

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we believe if everyone's made it this long to be

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