civus
Hearing video

ZBA Hearing - November 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20214h 52m

representing the Planning Commission at that proceeding and supported the granting of the

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variance. In this case, this is a longstanding blighted property on a block that is over half

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vacant and blighted abandon. And we, without going back through the case, we feel that there

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was a clear hardship here that warranted the granting of the requested use variance. It was

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a dimensionally compliant building, and we only had a use variance here.

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Madam Chair, Mr. Chair DiCicco has been knocked off. He isn't connected right now.

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so you can go if you can go forward but i believe mary jones is um in attendance perhaps she could

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speak briefly

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okay mary

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hello hi mary can you put your name on the record spell your last name and i'll swear you in

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of course uh mary jones um on behalf of council president daryl clark

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um m-a-r-y-j-o-n-e-s do you swear for him to tell the whole truth and nothing but the truth

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i do thank you you may proceed um yes i had sent a couple emails and um

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okay i don't i don't think i was able to speak with her about this case

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but the um i i did um have some contact with miss bennett who runs the rco and she was convinced

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that the um that the excuse me that the applicant was to come back with revised plans

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and i had just had not had the opportunity to ask mr orphanetes um was that what happened

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um there there was no yeah there was no request um to come back with revised plans we unilaterally

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um between the submission and the zoning board hearing had um lowered and i provided the proviso

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plan form with to the zoning board had lowered the cornice and was part of our presentation to

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line up our cornice line with the buildings to either side because as we originally submitted

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it was a little higher we wanted it to be more in line with that so other than that own unilateral

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you know it wasn't even requested by the community it's something we did on our own as we were

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getting into the process and you know wanted to look at it and did a simulation and wanted to see

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how things fit but that wasn't requested by the community and i don't recall that there was any

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other request in terms of the building um to come back with the revised drawings like there there

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wasn't um to the best of my recollection i mean it was it was an in it was an in-person meeting

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and i don't know what changes there could have been made could have been even requested it's

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And I don't know what changes there could have been made, could have been even requested.

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It's a dimensionally compliant building.

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dimensionally

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complex

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And we brought it on our own to fit in with the buildings to either side.

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Okay, Mary.

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Yes.

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Well, at this point, I have tried to communicate with the RCO about the need to return a letter.

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And that was her response.

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And so if I just at this point, I was not there, so I can't say which way happened.

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So I'm just going to at this point, we just have to go with whoever's here that was at the meeting and could speak to that.

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And that was just when Mr. Orthonini's. So I just don't have anything else to add aside from that.

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i mean i will put this to the board if there was anything that is requested by the community group

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other than what we've changes we've made on our own unilaterally i'd be happy i don't want to hold

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the vote up for that but as you know we're happy to continue the communication with the community

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and to make you know whatever changes we can make so i'd be happy to you know work with mary

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moving forward but i you know obviously want to have this vote taken made so that we can move on

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here just to let it we're voting this today correctly i mean correct um your call but i

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would recommend that you vote it yes okay is there anyone else here who would like to speak on this

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case this is really a very limited resumption it was only planning commission

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i believe we already had a planning commission or did we mr yeah i guess that i believe david was

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david fecto was the representative at the hearing and my recollection is that they voted uh that he

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stated to support the granting of the variance but i again he's here is that correct david that is

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correct dave fecto city planning commission and chair tenari uh and mr of meetings that is correct

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on uh on november 2nd we entered a recommendation of approval for this application

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thank you and the board has no questions no madam chair thank you no calendar number 3104

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1811 north van pelt street my vote is yes with revised plans stamped today there because we

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with revised plans stamped today consisting of one page one page thank you confessor plaza yes

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supervisor james snell yes supervisor thomas thalaman yes supervisor thanks guys thank you

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calendar number thank you sure um we are we going to number 10

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calendar number 3422 3837 brandy wide street the attorney is joseph consul

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and we have a letter of support from manchewa civic association

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good afternoon board hi put your name and address on the record spell your last name and i'll swear

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are you in? Good afternoon, Joseph Consul. That is C-O-N-S-O-L-E. Address is 1 West 3rd Street,

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Suite 204, Media, Pennsylvania, 19063. You swear to tell the whole truth and nothing but the truth?

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I do. Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do. Have you emailed the civic packet with the required documents consisting of proof

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of ownership tax compliance, a copy of the refusal or referral, photos and or plans of the property

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five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all. Okay, you may proceed, and again, I will say that we do have a letter of support from

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the Manchewa Civic Association. Good afternoon, Board. I'm here for 3837 Brandywine Street.

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The owner is GLY Investments, German Yakubov.

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The representative for the owner is on this call as well.

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In my packet, we have the refusal, the RCO letter, photos and plans, and the other necessary documents.

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We have a refusal, which is for accessory parking for a single-family home that is off of Brandywine Street.

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We're seeking to include accessory parking with the single-family structure.

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We have a letter of full support from the Manchewa Civic Association, our other proofs,

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and the reason we're seeking such is that we've got a wide lot that stands out from the rest of

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the block. The block itself has at least five.

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The block itself has at least five vacant properties.

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And as you can see from this arrow photo, there's several other vacant properties that surround our lot as well.

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The Civic Association expressed to the developer that they wanted a nice property built here with off-street parking.

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um he complied he uh has plans that we've attached here for a three-bedroom 2.5 bath home

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with off-street parking uh besides the uh request for the off-street parking we have no other

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variances he's attempting to bring a nice property into the neighborhood and that's what these plans

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reflect we believe it'll beautify a um extremely long-standing vacant lot uh and we believe that

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lot uh being extra wide um is appropriately um zoned with and with off street parking thank you

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does the board have any questions no is there anyone here do you have any witnesses i do i'd

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like to call german yakubov mr yakubov can you hear me i can okay can you put your name and

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address on, spell your last name, and I'll swear you in. German Jakubov, last name is Y-A-K-U-B-O-V,

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first name is German, like language, G-E-R-M-A-N, address 601 North 39th Street, Philadelphia, PA,

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19104. Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do. Okay. Good afternoon, German. Did you hear my testimony just now? I did. Would you like to

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further elucidate or express anything to the board today? No, just that we met with the

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community they we gave them we got full support unanimous support for for this project and we're

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we're hoping to keep moving along thank you okay thank you very much I have nothing further

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thank you planning commission good afternoon David Fecto city planning commission chair

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Tenari and members of the board the comprehensive plan recommends this property for residential

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single-family use the applicant has failed to prove that a hardship exists that would require

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parking to be placed at the front of their property adding a curb cut will privatize

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a scarce public parking space we recommend the board deny the requested variance

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calendar number 3422 3837 brandywine street my vote is no

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Mr. Paul is on no.

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James Snell, my vote is no.

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Tom Solomon, my vote is no.

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Calendar number 3468, 7300 Frankfurt Avenue.

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The attorney is Dan Breisman or Reisman.

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Where is the chairman?

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Does anybody know?

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When he called, he was trying to get back on.

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I can check with you again.

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Boy, today has been terrible with, let's see, technology.

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Mr. Reisman, are you out there?

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Mr. Reisman, you have to unmute yourself?

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Yes, yes, I've unmuted myself.

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Good afternoon.

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Good afternoon.

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Put your name and address on the record, spell your last name, and I'll swear you in.

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Daniel Reisman, R-E-I-S-M-A-N.

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To Liberty Place, 22nd floor, Philadelphia, PA 19102.

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Thank you.

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Do you swear our firm to tell the whole truth and nothing but the truth?

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I do.

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

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral, photos, plans, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes to all.

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Okay, we have a letter of support from Nationality Service Center.

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No RCO letter from the Mayfair Civic Association.

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And the Philadelphia Department of Public Health letter of support.

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So briefly, tell us what this is about.

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Sure.

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The property, and just for the record, I've handed in or sent in 11 exhibits,

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including the letters and support that you just mentioned, photos, floor plans, and so on.

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The property is located at 7300 Frankfurt Avenue. The proposal is for medical offices

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with the pharmacy. The property, can you see this screen that I'm sharing?

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Yes, I can.

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Okay. The property you'll see in this plan is right here. It's fronts on Frankfurt Avenue. On this side is Cotman Avenue. Behind it is...

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on Frankfort Avenue. On this side is Cotman Avenue. Behind it is Leon. And then on the other

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side of it is Ryan Avenue. And the property is in a very commercial district. There are a lot

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of stores in the neighborhood. If you look at this plan, you will see that the property has

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an unusual shape, which is a triangular shape, which results in unusual floor plans for the

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portions of the property. My client is leasing the space. The space that it is leasing has been

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vacant for a couple of years. There are a number of other vacancies at the property that we believe

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result from, again, the unusual shape of the property and the unusual floor plans.

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My client actually had some difficulties with coming up with a floor plan that would work.

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They think they've come up with something, so they would like to proceed with the space.

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The property is located in CMX 2.5, but it's actually the northeast overlay is the reason we have a variance request, because it prohibits group medical offices.

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Here's another photo overhead of the property.

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and here's another one and again you'll see uh this unusual triangular shape the um the the as

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i said the overlay is the reason that we're here um there are photos in the package that include

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the surrounding areas um and that includes a number you'll see a number of uh properties have

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both medical uses and pharmacies so we think within that two block range this is a very

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consistent use with the property my client is spectrum health services and in exhibit

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a5 there is background information on spectrum health they work closely with the city

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on various health issues including covid vaccines they have three other locations

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right now in the city of philadelphia this would be their fourth um in some

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does the board have any questions

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no is your client here to testify yes i would like to call your testimony yes i would like to

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call as a witness veronica milborne who is the president and ceo of spectrum health services

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okay great veronica yes i am here hi can you put your name and address on the record spell

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Well, no, just your name, spell your last name, and I'll swear you in.

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Sure.

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Veronica, V-E-R-O-N-I-C-A, Hill-Milbourne, H-I-L-L-M-I-L-B-O-U-R-N-E.

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Do you swear if I'm to tell the whole truth and nothing but the truth?

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I do.

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Okay.

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Mr. Roisman, you can request your question.

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Thank you, Madam Chair.

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Good afternoon, Veronica.

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Did you hear my testimony today, my statements?

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I did. And are they true and correct to the best of your knowledge?

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They are. And you adopt them as your own? I do. Thank you. Are there any witnesses in

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the virtual audience that need to testify? I see no hands, Madam Chair. Thank you. Planning

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Commission. Chair Tonari, members of the board, David Vecto, City Planning Commission.

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a health center is exactly what a reasonable person would assume would locate at this location

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so we are going to recommend that you support the requested variance. Thank you. Calendar number

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3468 7300 Frankfurt Avenue my vote is yes. Professor Plasm yes. James Snell my vote is yes.

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Thomas Holliman, my vote is yes.

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Thank you.

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Calendar number 3483, 822 North 40th Street.

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The attorney is Michael Mattione.

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Mr. Mattione is coming back in as a panelist.

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Michael?

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Michael. Good afternoon again, Madam Chair. Hi. Can you put your name and address on the record? Spell your last name. You're already sworn in. Yes. I'm Michael Mationi, M-A-T-T-I-O-N-I, Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A, Northwest Philadelphia, 10106.

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Do you swear or affirm to tell the whole truth and nothing but the truth? Yes. Do you agree to believe the reading of the refusal and stipulate to its accuracy?

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yes and have you emailed everything that you should have in the exhibit packet

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yes we have an rco letter from belmont alliance civic association in support so you may

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from Belmont Alliance Civic Association in support, so you may proceed. Thank you. Briefly. Yes,

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as you said, we have the full support of the Belmont Alliance Civic Association. Yes. This is

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this is a property zone CMX2. Our client would like to get two variances, one to have seven

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residential units here, and the other is not to have any commercial use. We worked extensively

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with the Belmont Alliance Civic Association, made numerous changes to the plans, although the site

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plan did not have to change. As you can see in their letter, they asked us to add a front door

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at the first floor unit and scale down the window, so we did that. They asked us to add a bike rack,

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we did that. They asked us to place security lights and cameras in the front rear, we did that.

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They asked us to have a unit comply with the ADA, and we have that.

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So we did exactly what the RCA asked us to do.

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They understand that this area does not support, and this is the changes that we made.

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There used to be a window right where the hand is.

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We got rid of that.

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We added the front door.

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