civus
Hearing video

ZBA Hearing - November 17, 2021

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

Thank you. MI 2021, that's 002-640-2728-West Harper Street. My vote is yes.

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Thank you.

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MI 2021-002640.

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Professor Plaza, yes.

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James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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Thank you. MI, case number four on our list, MI 2021-002638-3015-West Oxford Street.

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michael mcelhenny is the attorney of record brewery town sharswood community civic association

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sent a letter of support if the board approves they would ask that we include proviso for a

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revised plan one page mr mcelhenny please spell your name when you get on and i'll swear you in

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coming back in as a panelist chair

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Good evening, Mr. Chairman.

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Good evening. Please spell your name and I'll swear you in.

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Michael McElhoney, M-C, capital I-L-H-I-N-N-E-Y.

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We're affirming to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you. Mr. Plaza has a few questions for you.

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Yes, sir. You agree to wait the reading of its refusal and stipulate to its accuracy?

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We do.

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And have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral folders and plans five days prior

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to this hearing?

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Yes, I have.

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Have you met with the RCO and have a letter?

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Yes to both questions.

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Thank you.

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Please proceed.

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Members of the board, I'm going to share my screen.

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There we go. Good evening, members of the board, Mr. Chairman, I'm here on behalf of the owner

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of 3015 West Oxford Street. As a preliminary matter, the pre-marked exhibits that were

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submitted to the board, my client's deed, tax clearance, and neighbor photos of the zoning

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posters are attached at exhibits 14 through 17 and as mentioned we did meet with the rco

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and we do have a letter of support it was 28 in favor eight opposed and we did get a letter of

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support that was sent directly to the board and is marked at exhibit 18.

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my client's proposal for the subject property which is currently a vacant lot is for the

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erection of a new construction structure three-story new construction structure with a

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roof deck for three dwelling units the property itself is zoned rsa5 which is one of the reasons

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we have a refusal uh the three the property zoned rsa five is only allowed for single family use

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three family is prohibited except for with the variance our proposed rear yard on the property

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was proposed at six feet ten inches whereas the new code requires a minimum of nine feet depth so

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there's one use refusal and one zoning refusal refusal at issue exhibit three of the pre-marked

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exhibit packet is the zoning map for the subject property. As you can see, it is on the north

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side of Oxford Street at North Corley Street. The property is zoned to RSA 5 and it immediately

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abuts. It's adjacent to RM1 zoning district and to the west against IRMX 1 and IRMX 2

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on Glenwood Avenue. Exhibit 5 of the exhibit package is an aerial view so the board can

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orient themselves as to this exact location. The property at issue, again, is the corner vacant lot

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at Oxford and North Corleys. Next to us on the west is a 45-foot multifamily apartment building

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approved for 35 dwelling units. And on the West Oxford sheet at 13 West Oxford, which is the

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abutting property to the subject property, that is currently zoned and permanent for a duplex.

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And on the opposite end, the east end of the block at 30, 01, and 03 are also two approved duplexes.

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So half of the current block is used for duplex use, and to the west of us is multifamily use for 35 dwelling units.

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I can pull up exhibit four, which are the site photos.

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as you can see at page one is the vacant lot that is where we proposed the new construction

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structure and to the opposite adjacent to us is 3013 that is approved for and being

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and being used as a two-family dwelling, as shown on page two.

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being used as a two family dwelling as shown on page two.

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Going down the block at 30.01 and 30.03 are, again, two family dwellings, and in the middle of the block, there are three single-family dwellings.

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Immediately to the south of our property is this new construction three-story structure.

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and looking at page five or page four to the west on Glenwood Ave are the existing

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IRMX properties that are large multifamily uses in the immediate area.

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Turning to the zoning plan for the subject property, this project, Mr. Chairman,

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does have a proviso for revised plans. Exhibit six is the original plan that it'll be easier to call

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out the changes that are being made. The original plan called for a three-story building along with

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a mezzanine level. It also called for a rear roof deck and balconies at above the first, second,

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and third floor level on the Corley side of the building. The subject property or the proposed

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development also had that six foot 10 inch rear yard depth. Upon meeting with the neighbors in

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the community at the first meeting in September and hearing their request for changes and feedback,

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we did revise the plans and exhibit seven shows the revised plan. And I'll zoom in so we can see

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the elevation. So as you can see, the proposal today is for a three-story structure without the

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mezzanine level without the rear roof deck and we've removed the balconies from the Corley side

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of the building. A lot of time those balconies end up accumulating trash and other items as a

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source of storage which becomes unsightly and was not it was frowned upon in the neighborhood so we

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did remove those balconies and the rear yard has now been made code compliant to a nine foot rear

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yard to eliminate that dimensional refusal in the revised plan. So we have a full rear yard

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no balconies, and a three-story structure. In meeting with the neighbors, we also changed

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the number of units from a three-unit development to a two-unit development. One of the issues the

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neighbors noted was density. While they appreciated and understood that we have a hardship related to

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being adjacent to a 35-unit apartment building directly to the west on Corley Street and also

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being attached to an existing duplex, they requested a reduction to a two-unit residence,

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which is what the request is for today. And at exhibit, before I get to the floor plans,

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at exhibit nine is a rendering of what my client will build.

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and i'll zoom in so you can see exactly what we're doing

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so the proposal the project will be constructed constructed of traditional red philadelphia brick

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which my client has done on other projects in this neighborhood uh the design was meant to

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try to be to fit in and be respectful of the existing architecture while still being slightly

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unique. As you can see, the architect and my client have developed and incorporated the arching

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windows, which are existing on the entire block of Oxford Street to continue that theme. And that

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was also added over the doorway, the main entrance to the building. The building does have a walk

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upstairs, and we've created a planter around the corner for aesthetics and to bring some more

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light and air down to the block as a smoother transition from the 45-unit building next door

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to the west into the other residential dwellings the proposed floor plans are at exhibit 10

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and with the reduction to two units rather than three we end up with unit one consisting of

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the first floor and basement for a total of 1451 square feet and that's a two three bedroom two

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and a half bath unit and then unit two which would consist of the second floor and third floor

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ends up at a 1,759 square foot unit. Again, three bedrooms, two and a half baths. As you can see

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from the layout, you have, there's a full large living room, full Eden dining area, large kitchen,

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bath, and three good size, actually very large bedrooms with their own bathrooms. So these are

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large high quality living spaces that can allow for and provide higher quality living space

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with with a little reduced density. As previously noted in the in the exhibit

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in the attachments or exhibits at 11 are the zoning records for 3001 Oxford 3003 and three.

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are the zoning records for 3001 Oxford, 3003, and 3013, which are the duplexes that are approved

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on the north side of Oxford Street, the same side as the subject property, and also 3017 Oxford

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Street, which is the multifamily building to the west of the subject property that's approved for

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35 units. And interestingly, the subject property, which is now a vacant lot, was historically used,

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and I'm going to zoom in. The large building next door was the John Sartain Public School

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and the corner property was used as apartments historically going back 1947 until it was

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demolished at some point about 20 years ago or so. With that being said, members of the board,

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The request here is that there is a hardship in that this property is adjacent to the 35-unit multifamily building.

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It's attached to a duplex, and there are multiple other duplexes on this side of Oxford Street, more than half the block, or approximately half the block.

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And we would request that that does create a hardship with the full community support.

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We would request that the board grant the variance that's being requested here.

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And if the board has any questions, I'd be glad to entertain them.

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And if not, Matthew Lynch is my client who is here in the audience.

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Let's get your client to adopt your testimony, then I'll ask the board if they have questions.

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Matthew Lynch, can you please raise your hand to be promoted?

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Mr. Lynch, please spell your name when you get on, and I will swear you in.

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Can you hear me?

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Yes.

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Matthew Lynch, M-A-T-T-H-E-W-L-Y-N-C-H.

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

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Yes, I do.

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Thank you, Mr. Matthew Lynch.

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Mr. Lynch, did you hear the statements that I have presented to the board this evening?

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Yes.

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Are they true and accurate to the best of your knowledge?

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Yes, they are.

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And would you adopt those as your own?

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Yes, I would.

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and do you adopt them i should say yes i do thank you questions from the board

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no mr chairman no no anyone else like to testify in this case if so please raise your hand

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i see no handshare thank you planning commission

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sir ron bednor city planning this property is indicated for residential use on the city plan

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given the surrounding use context, we recommend the request advance be granted.

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Thank you. MI 2021-002-638-3015 West Oxford Street. My vote is yes with Proviso.

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Revised plan, one page approved today.

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One page.

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Professor Plaza, yes with Proviso.

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James Snell, yes with Proviso.

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Thomas Holloman, yes with Proviso.

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Thank you. We go to case number five, MI 2021-002646, 75 East Logan Street. Eileen Quigley is the attorney of record.

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um wakefield 49ers community development and improvement association sent a letter of

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non-opposition with a proviso overlapping rco self slow low germantown civic association letter

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of non-opposition with proviso chair this is sharon the proviso is there requesting a 10-year

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temporary variance to expire for November 17th, 2031.

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Ms. Quigley?

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Yes, good evening.

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Hi, please spell your full name, ma'am, and I'll swear you in.

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Eileen, E-I-L-E-E-N.

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Quigley, Q-U-I-G-L-E-Y.

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

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i do mr plaza has a few questions for you yes have you uh agree do you agree to wave

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the region of its refusal and stipulate to its accuracy so just to be clear it's a notice of

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referral this is for a special exception and i just want to be clear there were some errors

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there was an inaccurate notice of referral that was issued previously this quickly your voice

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is fading in and out so we just try that again from the top thank you yes so can you hear me

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now yes this is a notice of referral this proposed use requires a special exception

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for group living i just want to make sure that the zoning board has that notice

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for group living i just want to make sure that the zoning board has that notice of referral for

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group living as there was an initial notice of referral that was issued for a personal care home

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which this is not and there is some inaccurate information on the zoning board website that

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this is for a single room residence which this is not before you go any further is the court

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reporter able to get that yes I heard it but she is going um your voice goes in and out so

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maybe stay as close to the mic as possible Ms. Quigley

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Ms. Quigley have you emailed an exhibit packet with the required documents proof of ownership

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proof of tax compliance copies of refusal or referral photos and plans five days prior to

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this hearing? Yes, I did. Have you met with the RCO and have a letter? Yes. Thank you. Please

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proceed. Yes. Good evening, Chairman DiCicco and members of the board. My name is Eileen Quigley.

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I'm here on behalf of the applicant. With me are Sister Kathleen Kahl, Executive Director,

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and Brendel McCaffey, who is an Assistant Residential Coordinator, as well as Mary

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DeFusco, who is one of the co-founders of this nonprofit and President of the Board of Directors.

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As noted, we are here today seeking a special exception for use of the property at 75 East Logan as group living.

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The property lies in the RSA 2 zoning district, which permits group living by special exception.

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The property is owned and used by the nonprofit to provide services for women who are victims of human trafficking.

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While the women are self-sustaining and can care for themselves, the women residents will live as a group and all are participants in the program provided by the nonprofit.

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Currently, the property, it's an existing house and it has three residents, but we are seeking a special exception to allow for one more woman to reside in this existing house for a total of four women living as a group as they move through the program.

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As I said, it's a four-bedroom house.

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Each resident will have their own bedroom.

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They also will share the kitchen and common areas and they do not pay rent, more in keeping with a group living scenario.

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To be clear and pursuant to the zoning code, the proposed use is not a single room residence, which is also referred to as a rooming house, nor is it a personal care home where residents require, among other things, personal assistance and or supervision, for example, a long term care facility.

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We believe that this application meets the criteria for grant of a special exception is set forth in Title 143037 and it will not cause specific detrimental impacts to the neighborhood beyond that which would normally be expected from the proposed use.

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I would ask to have Sister Kathleen come on.

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Ms. Quigley, as it relates to the proviso on the temporary variance, is there a lease in place for this?

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No, the operators, they own and operate the house for trafficked women, so there is no lease.

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And obviously, we would not want a limitation on the time for the special exception.

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That's the proviso that the community is seeking.

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That's one of the community groups.

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The other community group, which was a coordinating RCO, and I see Ms. McKelvey's here, they did not ask for that proviso.

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So we did tell Ms. McKelvey at the community meeting that if there were any additional women that we were going to add as a resident, we would come back to the community group.

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And if there were any changes to the exterior of the building, any changes to the property, we would come back to the community group.

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Obviously, this is just for use. There are no improvements that are proposed here.

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But again, that was just one community group, and we would ask that we don't have a limitation.

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Thank you for clearing that up. Ms. McKelvey, please spell your first and last name and I'll

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swear you in. My name's Rosalind McKelvey, R-O-S-A-L-I-N-D, McKelvey, M-C-K-E-L-V as in Victor, E-Y.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir. Thank you. Ms. Quigley?

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Yes, Ms. McKelvey, we were at the community meeting. We did agree on behalf of the applicant

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that we would put in a letter, which I have to get to you, that if there were any changes to the

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building or any new residents we were going to add beyond this one woman that we're seeking

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for the special exception tonight for the group living, that we would come back to the community

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group, correct? Correct. And that the proviso was not, is only specific.

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