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Hearing video

ZBA Hearing - July 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 13, 20225h 14m

of 4731 walnut right do you swear a firm to tell the truth the whole truth and nothing but the

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truth? I do. Could you identify your client, please? Yes. My client is Justin Green, and also

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on the call is the architect, Michael Cole. Thank you. Our board secretary has a few questions.

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Thank you. Do you agree the way the reading of the refugers instimulate to its accuracy?

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Yes.

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Did you email all the exhibits and documents that are required, such as proof of ownership,

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tax clearance, a copy of the refusal or referral, pictures of drawings of the property and submitted

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the documents within five days in advance of this hearing, and did you meet with the

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RCO, and do you have a letter?

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Yes to all of these.

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Please proceed and share your screen.

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you should hopefully be able to see my packet. Thank you, Mr. Chair. I'll proceed as quickly

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as I can, so I may just rapidly go through some of the exhibits of the refusal, asserted four

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reasons for the refusal for which we are seeking variances. The first issue is that this is an RSA

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a three-zone. We are seeking a three-family dwelling, which is not permitted in that

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zone. The next denial related to the size of the side yard. The requirement is eight

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feet. We are proposing a slightly larger side yard than the existing, but still non-compliant.

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it's non-compliant because the property's physical characteristics

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are such that the wider side yard is not possible

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the next basis for denial was the size of the rear yard we're proposing a 16 foot rear yard

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rather than a 20 foot rear yard the current rear yard is two and a half feet or slightly under two

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and a half feet. As you will see from the presentation, the front yard is 20 feet rather

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than the required eight feet. That is to keep the building in line with the existing properties

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on the block, particularly the other half of the twin. This is a twin property.

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particularly the other half of the twin this is a twin property the other twin has already

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received a variance from the board permitting three family dwelling then the final variance

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that we are requesting relates to the fact there is no parking provided in the property

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although the zoning requires a spot for each unit, excuse me.

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Then my next exhibit is simply the application.

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This is the deed for the property owned by Ja'el Property Group, LLC.

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Mr. Green is the principal member of the LLC or the managing member.

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this is the zoning map i would just like to point out the property in question here

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is this portion here and it's sort of grayed out the adjoining property to the right

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is a merged two property parcel that received a variance from the board for essentially two

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three family dwellings and you'll see photos of this later on. The property owned by my client

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is as I mentioned the other half of the twin that is at 4729 Walmart. As you will also see

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much of the neighborhood is a denser zoning than this portion of the block. In this portion of the

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block is a very large rental building and you'll see photos of that later on in my presentation

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this portion directly across walnut street is the former west philadelphia high school

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which is also now multi-family with hundreds of units in the property

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Sorry, I have to shrink the size of this so you can see the drawing. Hopefully you'll still be

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able to read it. This is the plan for the property and it shows up here the areas where we're seeking

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a variance of particular importance is to note that the zoning code requires a width of a lot

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of 25 feet. This lot is just slightly over 21 feet, so the missing four feet turns out to be

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quite significant, particularly for the side yard. We will be expanding the side yard from a current

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two feet to three and a half feet to create as much distance as possible but given the narrow

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size of this lot the physical characteristics make it impossible to add that additional four feet.

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I will note also that of course the other half of the twin there is no side yard by definition

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But significantly, there is no side yard for the properties from 4727 and 4729, which are the immediately adjacent properties that received a variance from the board.

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um this next page just simply shows the layout for the property um starting at ground level

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is what is labeled as a basement although it is walkout level in the back as you will see

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there's a door here from the bedroom for access to the rear of the property

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I don't know if I mentioned the rear yard is also needing a variance it's proposed to be 16 feet

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rather than the required 20 feet the neighborhood actually has either no rear yards or rear yards

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similar to what the existing condition is which is slightly under two and a half feet

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So we're increasing it quite significantly. The unit on the ground floor is a two-bedroom

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unit with windows and, as I said, rear access at ground level. The first floor has access from

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the front as does obviously the ground floor unit also has access from the front of the building

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access from the front of the building through a stairway. This is a stair tower here that provides

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through a stairway. This is

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access up and down, so it provides access to the ground floor unit as well as access

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to the unit on the second and third floor of the building. This first floor unit actually is

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by level one bedroom is on this level and the second bedroom for the unit is up on the second

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floor of the property which is accessed by a stairway at the an internal stairway obviously

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at the rear of the property the final unit is also a bi-level unit accessed through this stairway here

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The first bedroom is located at the back of the second floor, and then there are three

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additional bedrooms on the third floor.

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These are pictures of the existing property.

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You will notice this is the new construction three-family building next door.

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This is the building that we proposed to replace.

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That is the posting of the zoning posters.

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Now increase the size again because we're on to.

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So this is a view across the street from the I'm sorry, this is a view of from across the street of the property in question.

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4731 Walnut, showing the new construction of the two three-family dwellings and the

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Verona Plaza apartment building just a few doors down. This photo is now standing in front of the

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property in question, looking across Walnut at what was West Philadelphia High School,

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And again, this has been converted into a residential multifamily with hundreds of units.

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This is another shot of the property in question with better visibility for the recently constructed three-family building here and three-family building next door as well.

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just a slightly different angle showing uh the property the subject property as well as the two

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adjoining properties i'm just rolling through these quickly this is a picture of an apartment

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building on the 100 block of south 48th street this is a half a block away from

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the property in question. This is another view of the apartment. This is the alley that runs

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parallel to Walnut Street and the subject property is down this alleyway a little bit. But the point

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of this photo is to show that these properties have essentially either no rear yard or very

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minimal rear yards. This is simply the letter announcing the RCO meeting and the proof of

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mailing. Sorry to go through it so quickly, but it's a technical matter. This is the tax

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certificate. And this is the letter of support from the Walnut Hill Community Association.

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I would just like to emphasize that the physical characteristics of this property are what

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have dictated the design of the building, in particular the 20-foot setback in the front,

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the narrow space of the width of the property impacting the size of the side yard, and the

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general problem of having a large enough rear yard in order to comply with with zoning is

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the consequence of creating the 20-foot front yard which aligns the front of

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the project with the front of all of the adjoining buildings on on the rest of the block.

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um and so it's both a physical and economic necessity to uh move forward with the plan as

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proposed uh mr chairman i would ask that my client uh be permitted to adopt my testimony

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absolutely his name is is uh justin green okay mr green please unmute yourself and wait for

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Mr. Green, please unmute yourself and wait for the chair.

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for the chair.

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Hi, Michelle.

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Hi, Mr. Green, could you state your name and spell for the court reporter?

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Sure. Justin Green, J-U-S-T-I-N-G-R-E-E-N. Green.

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

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Yes, I do.

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Go ahead, Mr. Greenbaum.

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Thank you, Mr. Chairman.

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Mr. Green, you've heard my testimony before the board this morning.

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um do you adopt what i stated as true accurate and correct and as your testimony if you were

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given the opportunity to testify before the board yes i do thank you thank you thank you

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

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chair we have jihad ali mr ali you can unmute yourself and wait for the chair please

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uh good morning uh good morning mr ali did could you state your name and spell for the

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court reporter please sure my name is jihad ali j-i-h-a-d-a-l-i um this um i'm a member of the

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wait wait one minute jihad wait a minute do you swear or affirm to tell the truth the whole truth

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I'm sorry, Mr. Ali and Cheer. This is Tanya. May you re-spell your name slowly, please?

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Sure. It's J-I-H-A-D-A-L-I.

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Thank you kindly. You can proceed.

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Hello, Mr. Chairman and members of the board.

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Counselor, I don't know if you recall, I was attending that meeting that night.

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um and also there was several neighbors there that were at that meeting that night

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do you recall that i do um and i know that the only issue that we had was uh the adjoining house

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i believe that was one of the neighbors that had a position because there's an arch in the

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on the adjoining house and we asked how was that going to be uh resolved because that was a that

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was a masonry Roman arch that goes across the front of the house to the adjoining house.

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And at that meeting that night that I was present, I recall there were several people

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in opposition to that. So I'm with, if Walnut Hill has issued that letter of support, and

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I stand with the community, but I just wanted to put on the record that there was some concerns

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and there was some concerns about that Roman arch. Thank you. Thank you, Jahad. Any other

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comments from the virtual audience i see no hands at this time chair planning commission

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

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board members the comprehensive plan recommends no change to the existing rsa3

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zoning at this location however we agree that the adjacent non-conforming multi-family uses

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and the site's location along walnut street make single-family redevelopment impractical city

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planning commission recommends that the board grant all the variances thank you mi 2022 001 066

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4731 walnut street i vote yes thomas halliman my vote is yes

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james snell my vote is yes ishmael shaheed my vote is yes

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thank you thank you mr greenbaum thank you very much panel i appreciate all of your attention

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thank you yes you can thank you very much thank you number 14 mi 2022 002 824 6523

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43 to 43 lansdale avenue neil sklaroff is the attorney

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um letter of non-opposition from the neighbors of the overbrook association

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chair mr sklaroff is coming back in as a panelist now

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good morning mr sklaroff could you state your name and spell for the court reporter please

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Mr. Sklaroff

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my apologies

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that's okay

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Neil, state your name and spell for the court reporter, please.

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Neil Sklaroff, N-E-I-L-S-K-L-A-R-O-F-F.

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Right.

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All right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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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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Yes, I do, Mr. Chairman.

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Yes, I do.

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Mr. Sclair, for the record, could you identify your client?

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School District of Philadelphia.

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Okay. And our vice chair, our secretary, board secretary, has a few questions.

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Do you agree to weigh the reading of the refusal and stability to its accuracy?

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Yes, I do.

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

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tax clearance copy of refusal or referral pictures or drawings of the property within

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five days of this hearing did you meet with the rco you have a letter yes we do

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please proceed and share your screen

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

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Can you see my screen?

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Has that successfully?

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We can, Neil.

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All right.

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With me today from the architect Ewan Cole are Conrad Itali and Angela Rocchi, the project architects.

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And we also have from the director of capital improvements at the school district, Nicole Ward.

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In accordance with Section 14.303.14F, I will make the presentation, and if there's no objection from any party, I ask that my statements be made, the statements of the client, and are suitable for findings of fact.

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um we're here on uh 65 2343 lansdowne avenue which has been for more than 100 years the site

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of the lewis c cassidy elementary school that building has been removed and we are asking for

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some dimensional variances and some use variances having to do with parking uh in order to construct

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this rather unique new building. We have a list of exhibits. We have our certificate of tax

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clearance as well as the deed to the property which I will race through. The property was

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acquired by the school district in 1910. A copy of our zoning notice that was posted at the property

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as well as a key plan for the photographs you're about to see which is not only the posting

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but the surrounding neighborhood. As most urban districts have done, elementary schools were

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placed in the middle of residential districts. You'll see the residences are mostly two-story

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attached homes in the community. They were placed in the middle of residential

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communities so that students could walk to school.

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You'll see it's a very nice neighborhood, well kept.

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This is a photograph of the school that was removed, built in the teens of the last century.

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Some additional photographs of the building.

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It became obsolete due to asbestos and configuration of the rooms and lack of facilities, and so it has been removed.

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It's a copy of what was our initial application through Eclipse.

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This has been added to our exhibits at the request of your solicitor.

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This is a site plan showing the configuration of the new school, as well as playground areas, outdoor cafeteria areas, substantial plantings, as well as faculty parking lot.

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This is the site plan that was submitted with the application. It's a little difficult to read.

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And here are the elevations, and we'll show you some renderings of those elevations in a moment.

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This is the floor plan of the building. To the right here is Lansdowne Avenue.

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to the rear is Haddington Street. Above would be Atwood Street and below Kenwood Street.

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There are basically two sections to the school. The section that appears at the top here is the

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academic classroom area. Again, this is a pre-K through eight school. And these are all the

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And these are all the classrooms, and there are two stories for that.

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classrooms and there are two stories.

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This is the assembly program wing at the bottom, which has a gymnasium, which also serves as an auditorium, as well as the cafeteria and cafeteria preparation areas.

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Our next exhibit is a rendering.

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This is a rendering of the front of the building.

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To the right, we have those assembly areas, and to the left, you'll see the classroom areas.

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This is at one of the corners that wouldn't have windows because it has the assembly areas.

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The motif of the mascot of the school is a pride of lions, and you'll see here in Boston

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