civus
Hearing video

ZBA Hearing - May 7, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 7, 20255h 57m

Just briefly, with this one, Mr. Stacey, can you please resubmit the revised plans and

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the proviso form as separate documents?

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It was a little unclear from the packet which plans were the revised plans.

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I believe it was four pages based on how many were submitted originally to L&I, but if you

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could resubmit and then on the proviso form, please indicate what the changes were.

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It just said changes according to recommendations from the ARC Commission, but we need the changes specifically noted on the proviso form so that L&I is aware of what's been changed.

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Okay, so just a question on that.

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So the things that we're calling the revised plan tier, those were presented to L&I prior to the issuance of the refusal.

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so they were revised following the visit to the science and streetery committee so is it is it

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the board's position that we would still need to provide the plans form or can we

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jettison that from the package um so was there so were these revised plans sent to l and i before

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or after the refusal was issued before okay then they probably they probably have them i'd have to

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go and if you can send me exactly what it is that are the most updated plans and i can just compare

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them with what l and i has and then we can vote it next week with or without the revised plans i just

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don't um yeah it would just i just need a few minutes to compare them but i do need to see what

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you're considering the most recent plans in order to compare them to what l and i originally reviewed

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okay yeah i mean i do know that these were submitted november the 15th

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um the art commission letter was november the 26th and the refusal was dated december the 11th

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okay i will i will just double check um because because there was an indication that there were

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changes made in response to the art commission so let me just make sure everything is um i wasn't

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i read it as there were changes made you know since the refusal was issued but now i need to

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take a look at it and make sure we don't miss anything so understood okay but we can vote on

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it next we can vote on it next week and then it'll either be with or without the revised plans

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but just if you can send me what are the most recent plans and i'll just take a few minutes

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to compare them and then we can vote on the matter next week okay okay questions or comments

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from the virtual audience here we have charles richardson who's been unmuted and allowed to speak

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good evening mr chair well richardson yeah you again amazed me that you're still around but uh

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state your name and and you don't have to spell it because you've already been sworn

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certainly charles richardson office of councilwoman cindy bass room 508 city hall

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So the councilwoman has no opposition to granting the variance for this for the sign.

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Thank you very much.

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Planning Commission.

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Madison Matera, Planning Commission staff.

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The comprehensive plan recommends no change to the residential multifamily zoning at this location.

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The property is a school and the proposal is to replace an existing sign with a new projecting sign.

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The Planning Commission recommends the board grant the requested variance for projecting signs.

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Okay. So, counsel, we're going to vote on this next Wednesday at 2 p.m.

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Okay.

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And this case is closed as we stand, right, Hillary?

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It's closed, and we will have the vote for you at 2 o'clock, okay?

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Thank you.

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Thank you, and thank you for your presentations.

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Number 13, MI 2025, 000457, 1434 to 36 Federal Street.

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1434 to 36 Federal Street.

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Henry Clinton is the attorney.

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Henry Clinton is the attorney.

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Good afternoon, or good evening, Mr. Chairman.

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So, Henry, you've already been sworn, if I remember correctly, right?

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Correct.

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Could you just state your name for the record?

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Sure. Henry Clinton.

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

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Sure. Client is Tim DiPretoro, capital D-I, capital P-R-E-T-O-R-O.

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the vice chair has a few questions our vice chair has a few questions good evening counsel do you

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agree to either read another refusal or stipulate to his accuracy i do have you emailed in all the

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required documents and exhibits that's needed to proceed with this case five days in advance of

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this hearing i have thank you counsel please proceed thank you mr sheen

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is that visible mr chairman it's up now yes great uh good evening everyone uh i'm here on

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behalf of Tim DiPertoro, who is the principal of 1434 Federal Street. This is an adaptation of an

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old machine shop on Federal Street, just west of Broad Street. It's already approved for eight

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units and commercial on the first and basement levels. We're asking for a shrinking of the

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commercial space because there's no frontage for the commercial in the rear half of the building

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and to replace the shrinkage of the commercial with two additional residential units.

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These are my table of contents, A1 through A10.

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Refusal.

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This is a CMX2 zoning district, you know, commercial mixed use,

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but it's never been used as a commercial space.

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It's off of Broad Street, as I said, on Federal.

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And it's been a machine shop actually since 1955.

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It's the Ernest Hill Machine Shop.

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They did fabrication of sheet metal, laser cutting, jet cutting for both the automotive and aerospace industries.

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They closed shop, I believe, within the last three years or so, and they've relocated.

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So it's a three story. Let me go to that.

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It's a three story building, 1434 to 36 Federal Street.

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It has a side alley, which I'll show you.

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We're not changing the building.

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We're keeping the building as is.

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We're just repurposing the inside.

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I'll go backwards.

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We did meet with the Southport Street Neighborhood Association,

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both their committee and a full neighborhood meeting.

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They were in support of the proposal.

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This is their letter of support.

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They were just asked for two things,

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a tree to be planted on the front of the property,

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which we will do if we get okay from the streets department and fairmount park commission

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and they also asked that a trash room and a bicycle room be installed on the first floor

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which we did we did that inside the building so it really didn't adjust the footprint and we don't

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have any plans to be stamped we're still going forward with the existing plans because as i said

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footprint is the same just walking through some of the photographs so the idea is the first floor

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the front half of the building. It's a deep building, about 100 feet deep. The front half

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of the building will be commercial. As I said, it was never commercial. It was always

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basically light manufacturing. And the back half will be two bi-level units.

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And this is a picture of the property directly across the street. You can see there's commercial

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space on the first floor and residential above. We're going to mimic that, certainly not the

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architectural look or the four stories. We're only going to keep three stories.

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This is a project down the street.

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Again, it's residential.

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This is east of our property, and I'll show you that with the aerial view.

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Interior of the property, again, an old manufacturing facility.

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There's an elevator existing.

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We're not going to keep the elevator.

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It's only three floors.

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Again, another picture of the property across the street.

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This is the posting of the zoning signs.

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And we'll get into the plan.

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So the architect on the job, Jeff Pond, he is on the call if we have any particular questions.

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But this gives you a little idea of where we are.

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So this is Federal Street.

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As I move my cursor to the right, there's Broad Street.

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And then 15th is to the left.

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So we're a little bit off the beaten track of Broad Street.

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So there's some more photographs.

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There's commercial to the right and commercial to the left.

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And this is the alleyway where you can get access to the middle of the building.

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All right, so this is what's approved right now.

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It's approved for, as of right, commercial in the cellar and commercial on the first floor.

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Commercial in the cellar and commercial in the first floor.

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What we're going to do.

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What we're going to do, the proposal today is to cut the commercial basically in half.

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And then the back end, the cellar and the first floor will have a unit by level.

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Unit A in the cellar and first floor, unit B, cellar and first floor.

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The second and third floor, each will have four units.

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That will remain the same because this has already been approved.

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The only change that we're making is basically swapping out some of the commercial on the

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cellar and first floor.

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So this floor plan is the floor plan that's already approved, and it's part of our package.

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Units one to four on the second floor, five to eight on the second.

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So this is the revised plan.

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Again, not that I need anything stamped if the board looks kindly upon this, but simply

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because the community group, and I think rightly so, asked for a trash room.

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the first floor and some bicycle parking on the first floor. So the idea will be is the commercial

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will be on the front. You will enter through the front door and to access the residential,

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you'll walk down the wide alleyway, enter here, and then go upstairs as you need to the apartments

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and also to access unit B in the front half, which is a bi-level first floor and basement.

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and then to access Unit A, you would go around the back and get into A

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and have the steps go down to the basement.

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The floor plans, the second and third, as I said, it's already an approved situation,

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so it's a redundancy to go over them again.

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Unless, you know, certainly if the board asks questions,

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I can talk about the square footage or anything that you would like.

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the the if you look at the uh windows on the building you can see that the the basement is

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quite a bit out i mean the the cellary area is quite a bit out of the the ground level the grade

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so even though we have bedrooms in the basement the windows are about four feet above above grade

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And the architect's on the call if anyone has questions about that.

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These are the plans that we sit in at the community.

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I just put them in here because it's the same as before.

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These are the approved plans that I talked to you about at the outset.

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It's really too many plans here to go through.

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It's just the architectural, frankly.

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This is the side of the building, so this would be the alleyway.

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When you walk down the alleyway, this is how you enter through the alleyway into the residential portion where you're going to have, as I said, the bike room to the right, trash room to the left.

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Then you go in and access the bi-levels to the left, as well as the units above.

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Again, we're keeping the facade.

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I mean, that was important to the folks at South Broad Civic.

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And it was important to us, too, really.

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We really didn't want to change it.

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So it has that old industrial-slash-manufacturing flavor, but it's being repurposed for residential use.

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To the left is the rear of the property.

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Here, where you can see the windows I talked about, they're basically almost out of the ground and certainly above grade.

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Cross-section of the apartment complex.

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Application for appeal.

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tax clearance, zero balance, zoning map. Again, Broad Street is to my right.

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To the left is 15th Street. It's all CMX2. Deed indicating ownership.

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Our notice letter to the community about the zoning hearing today, as well as the

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community group meeting, which we had, mailed out 103 pieces certified, or certificate of mailing,

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rather. So we have a situation where we have an existing building never used for commercial,

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even though it's zone CMX2. We're suggesting that the commercial area in the rear of the

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building is really not going to be functional. Every commercial space in that building has

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frontage on Federal Street, and we would like to mimic that. We're a little bit off of Broad

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Street, and even if we were on Broad Street, I think my client would be making the same request

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that the commercial is not going to work if it's that deep or if it's in the back of the building.

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And my client will testify that he spoke to his realtor about that, and he can speak more to that

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when I get him on the line. So we're asking the board to approve two residential when we swap

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out the commercial in the rear of the building. We're not affecting any properties light or air.

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We're not affecting any properties, light or air.

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We're basically in conformance.

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We're basically in conformance with the code.

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We have the support of the community, and we're not impacting any light or air.

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With that, I'm going to ask my client to-

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Before you bring them on, I mean, I have to ask this question.

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I mean, eight would be by right?

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Eight is by right, correct.

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And how did we get to 10?

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What we did is, I'll go back to the plan.

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so right now this is this is a buy right project all commercial for 100 feet on the bait in the

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cellar and the first floor right there's four units on the second and then four on the third

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so that's the commercial and the eight and what we're doing is cutting the commercial in half

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and putting a unit a a buy level on the first floor and basement and then b on the first floor

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and basement because we want to keep the commercial

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on the front and not have people walk down an alleyway

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to get the commercial. Without frontage, we're really not in good shape having commercial

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on the back.

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But I mean, I still think the question is you

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could have done the building with eight, right? I mean, the second

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and third floor, you could have made the apartments a different size, right?

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well yeah i guess you could always i'm not i'm just saying like sure it reads well here like

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by right you could do it eight by right and you're what makes you bad what makes your office 10

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so i guess the question is is there a reason why you you went up to 10 right so yeah maybe i wasn't

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clear. So we already are approved for these two commercial floors and eight residential units.

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