civus
Hearing video

ZBA Hearing - August 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 20, 20242h 52m

Thank you.

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here we have 45 attendees we can proceed as you wish thank you good morning everyone my name is

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bill bergman and i will be chairing the meetings this morning with me is our vice chair ismail

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shaheed president mr chairman our board member james snell present mr chairman our board member

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Cheryl L. Gaston. Present. Mr. Chairman. Our board member Tanada Graham. Chairman. And our board

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member Michael Johns. Present. Also present is Hillary Emerson, our attorney, and Kathleen Grady,

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our deputy director for planning and zoning. Let's look at, hold on, here's our virtual format.

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Proceedings are being recorded. With your participation, you agree to be recorded.

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Video will be available by contacting Kathleen.Grady at phila.gov.

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For our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating via phone, press star 9 to raise your hand and star 6 to unmute.

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To want an appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question and answer box is not for testimony.

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All comments should be directed to our executive director, Kathleen Grady.

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Let's look at our today's schedule.

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Number one, MI 2023, 000628, 1447 West Cayuga Street.

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David Uptah is the attorney.

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devin has been allowed to speak good morning chair attorney devin okay good morning devin

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could you state your name and spell for the court sonographer yes devin d-e-v-i-n last name

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uqdah do you swear or affirm to tell the truth the whole truth nothing but the truth

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Yes.

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Counsel, this is the third listing.

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Could you give us an update?

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Yeah.

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Yes, Chair.

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So I took this case over from my partner, who's now City Council.

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We had a community meeting.

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We just needed to work some stuff out with the community to get their support.

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So we need additional time to go back to the community to get the letter of support from them.

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Thank you very much, Counsel.

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So MI 2023-000629-1447 West Cayuga Street.

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That case is continued. Mark must be heard. Thank you, sir.

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And number eight.

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Eight. MI 2024, 0031451732 North Howard Street.

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That case has been continued.

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Are there any other requests for continuances?

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I see no hands at this time chair. Thank you. Number two, MI 2023-002-864-3130 North 24th Street. Leslie Powell is the listed applicant. We have no exhibits. This is the third listing.

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i see no one by their name in the audience chair okay thank you so this is our third listing so

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mi 2023 002 864 3130 north 24th street i vote to dismiss

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michael johns my vote is to dismiss

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cheryl gaston my vote is to dismiss

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tennetta graham my vote is to dismiss

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james snell my vote is to dismiss

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ishmael shahi my vote is to dismiss

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number three mi 2023 003 477 4231 to 61 north fish street walter tolliver is the attorney

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We have no exhibits.

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It's the third listing.

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I see no one by their name in the audience here.

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Okay. So this is the third listing. We still do not have exhibits. MI 2023-003-477-4231-61 North

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Okay.

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So this is the third listing.

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Street. I vote to dismiss. My vote is to dismiss. Cheryl Gaston, my vote is to dismiss.

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Teneda Graham, my vote is to dismiss.

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James Stelman, my vote is to dismiss.

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James Stelman, my vote is to dismiss.

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Thank you. Number six, MI 2024-001-188-4220, Holmesburg Avenue.

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Franklin Castillo is the listed applicant. We also may have an interpreter on this case.

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Is there an interpreter present?

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i see no hands at this time chair chair i was able to this is patina excuse me

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i was able to research it and i didn't find a request for an interpreter

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all right thank you down to someone else okay franklin castillo

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any more hands up not at this time chair so mi 2024 001 188 4220 holmesburg avenue

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Cases continued. Mark must be hurt. And number five. MI 2023-006-842-11500 East Roosevelt Boulevard. That case has been withdrawn.

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I'm going to go to case number four, MI-2023-005-625-912 South Front Street.

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Vincent DeFino is the attorney.

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There's a letter of opposition from Queen Village neighbors.

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The applicant has put it in a petition signed by 27 neighbors,

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and the council person has left the decision to the zoning board.

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Mr. DeFino.

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How are you, Mr. Chairman?

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Good morning, Cal.

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DeFino.

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That's D-E-F-I-N-O is my last name.

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Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth?

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Yes, I do.

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Mr. Dufino, could you identify your client or relationship with your client?

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Sure.

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Mr. Chairman, members of the board of my office has the honor of representing Carmen and Rita D'Amato,

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lifelong residents and loyal citizens and contributors to this great city of Philadelphia.

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Our architect is Vince Mancini, but I wanted to introduce my client, Carmen D'Amato.

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So why don't we do this first?

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Why don't I have a few questions from our vice chair?

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Okay.

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So our vice chair has a few questions for you, sir.

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Yes.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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Yes.

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Have you emailed in all the required documents that is needed to proceed with this case five days in advance of this hearing?

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Yes, that's correct.

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Thank you, counsel.

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Please proceed and share your screen.

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Yes, I have Vince Mancini, my architect.

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He's going to share his screen to do the presentation today because I was having some technical difficulties in my office.

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So can we promote him as a panel member?

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Yes, Vince, can you raise your virtual hand, please?

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i have a hand raised by the name of erica yes that would be uh that would be a a

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a guy a guy right yeah thank you they have been promoted to the analyst

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okay mr defino at this point they're just going to operate the screen and you'll testify

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correct yes okay he will testify at some point vince mancini as to the as to the plans but um

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basically 912 south front street then if you mr mancini if you could put that the property up

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they could get an idea of the property i think um can you hear me uh everyone yeah

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sir why don't you state your name and spell for the court stenographer

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My name is Vincent Mancini, M-A-N-C-I-N-I. My company is Landmark Architectural Design.

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My company is Landmark Architectural Design.

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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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So, Mr. Tofino, he'll be able to testify later.

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Thank you very much, Mr. Chair.

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The property is 912 South Front Street.

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The lot size is approximately 5104 square feet.

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So, it's 5,104 square feet.

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Council, we still need to get it up on the screen.

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Vince, if you could put the property up

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Alright, we're good

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Okay, there's the property there

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So you can see it

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This is Front Street

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So it's 912 South Front Street

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It comes in at what? Front and Christian?

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Front and Christian Streets

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In South Philadelphia

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The lot size is

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32.7 times

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139 and a half

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Deep

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So, it's basically 5,104 square feet.

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Currently, there exists, you could say it, a 7,600 square foot single family home, which

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Carmen and Rita, the motto, they built it about 25 years ago.

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There also exists five off-street parking spots.

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Hold on, someone's got a mute.

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um so okay so my my client's original zoning application was for a department units

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after an initial meeting with queen village um neighbors association or the application was

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amended to six units ranging from 500 square feet to approximately 1100 square feet per unit

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The bigger units would be owned and occupied by the owner, his daughter, and a nephew.

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So three to six units would be occupied by family.

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These six units will fit comfortably within the framework of the current building.

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So there would be no outside construction.

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The envelope of the building would take on the construction and there would be nothing outside.

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so no additions and there's no open area issue the rear yard is 34 deep and 37 wide

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it's 1200 square feet it's 38 open area as as you you well know it's 25 required

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so this is a use variance only the building remaining the same not taking away from the

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open area. Also, there

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exists five parking spots

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and ample parking

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under I-95. The neighborhood

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group has parking there. Of course,

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you would have to pay for that parking, but

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it's available across the street.

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As I

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said, the owner met with

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Queen Village RCO

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two times.

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I would ask now

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Vince that their letter of non-support

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be put up on the screen.

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hold on one second i'm on it

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no problem

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i think that's the council

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that's not it

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No, hold on.

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Sorry.

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There it is.

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Okay.

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So, so basically, first, it should be noted that if you're sending notifications twice to the entire nearby residents, both meetings were sparsely attended, as you can see.

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in paragraph two it stated that both

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of these meetings were sparsely attended

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the rco letter states that neighbors

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reacted negatively to increased dead city and additional

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demand for off street parking that's uh

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towards the end in the third paragraph now i was

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at the May 8th meeting after we reduced it from eight to six units. And I heard from two neighbors.

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One was concerned that my client would make it a bed and breakfast or Airbnb, actually an Airbnb.

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And the other was concerned that Mr. and Mrs. D'Amato would not occupy the property. It wouldn't

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be owner-occupied. They were just basically stating that. So we agreed that we would put that into

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they were just basically stating that so we agreed that we would put that into a proviso

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also there was concern about short-term rentals we said we would put that in a proviso that there

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wouldn't be any short term or we would make a neighborhood agreement so we didn't hear any

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neighbor neighbors complaining about density or parking but of course it's a concern of the board

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because it's in their letter that there there was a density issue and there was a parking issue

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so for the density issue we reduced it from eight to six units and i wanted to vince has an overview

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aerial um of the surroundings and i wanted mr mancini to be able to testify to what the aerial

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aerial view represents.

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Vince, why don't you explain what's the surrounding area there?

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Yeah, the blue dot is the actual home itself. Across the street is I-95 with landscape buffer

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as well as under highway parking. Adjacent to the home, directly adjacent to the home,

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is a large shot tower park, which I certainly have images of if requested. And I think what

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this exhibit is trying to show is the actual lack of density in this particular block and

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as well as a few of the additional adjacent blocks. So it's the testimony here today to

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basically account for the fact that the density in this particular block and the adjacent blocks

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from our perspective is certainly not an issue, nor would parking be.

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let me ask you a question in that block is there other multiple family homes

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there are a few i couldn't identify them i could defer to the owner to who's lived there for 25

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years to to identify mostly every property adjacent to all right all right thank you

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yes can you describe the current parking conditions there

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Well, on the actual premises itself, there are three.

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I could start showing some of the other exhibits which indicate the plans and the sites and square footages and certainly the layouts of the individual units.

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But if you can see the proposed first floor plan, which is very similar to what currently exists, I'll zoom it a little bit and move it over.

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