civus
Hearing video

ZBA Hearing - October 5, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 5, 20224h 36m

to next Wednesday

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2 p.m okay go to our regular list mi 2022 003 275 1314 north carlisle street

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bernie ferlager is the attorney i understand there is a letter of support from the rc i'm

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I'm sorry, Mr. Chair, this is Hillary.

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Can we go to number 13 first?

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Sure, okay.

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Thank you.

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That's one where I need to recuse myself

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and Amy Gaylor's filling in.

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Okay.

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MI 2022-001-122-6814 Old York Road.

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Sean Ward is the attorney.

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Uh...

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Mr. Chair, Mr. Ward will be coming back in as a panelist.

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Hillary, do we have a letter on this?

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Here it is.

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I have it.

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Okay.

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Letter of support from Oakland Community Action Association.

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Good afternoon, Mr. Chairman, members of the board.

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Sean Ward on behalf of the applicant. Thank you, Mr. Ward. Can you identify who the applicant is,

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please? I represent Lee Real Estate LLC, which is the owner of the property and president of me

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today on the conference is Henry Lee, the sole member of the LLC. My name is spelled S-H-A-W-N-W-A-R-D,

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address 331 East.

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Rory, Ms. Warren, our vice chair, has a few questions.

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Okay.

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Good afternoon, Mr. Ward.

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Do you agree to waive the reading of the refusal

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and stipulate to its accuracy?

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Yes, I do.

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Have you emailed the exhibit packet

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with proof of ownership tax compliance,

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a copy of the refusal or referral,

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photos and or plans of the property

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five days in advance of this hearing?

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And have you met with the RCO?

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And do you have a letter?

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Yes, to all of the above.

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Okay.

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You may continue and begin to share your screen.

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Thank you very much, Madam Vice Chair.

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Mr. Chairman, I've posted up on the screen my typical exhibit packet.

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I do represent Henry Lee, that's H-E-N-R-Y-L-E, doing business as Lee, L-E, Real Estate, L-L-C.

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The property is known as 6814 through 20 Old York Road, and that is the subject of today's hearing.

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and that is the subject of today's hearing. A1 is the notice of refusal. This was an application

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A1 is the notice.

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for the erection of an addition at the rear of an existing attached building for use as vacant

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commercial on the first floor. We don't have tenants identified yet, but use registration

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would be required prior to occupancy, and use as permitted per CMX2 zoning, together with a

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multifamily five-unit household living above. The application resulted in one refusal. It's

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a dimensional refusal for the minimum rear yard depth, nine feet being required, zero being

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proposed. I would point out that when we get to the site plan, you'll see that at the first floor,

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there is no rear yard and we're looking to have some development above that. So we're not

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eliminating a rear yard because one does not exist at present. In any event, we seek a,

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it's not a use variance, it's a dimensional variance or a zoning variance. A2 is the ZBA

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application of appeal, A3 project information form, A4 proof of ownership, A5 proof of tax

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compliance, A6 is the site and elevation plans. We do have some supplemental plans as requested

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by the RCO, which are attached together with A6. We have A7 are the photographs. A8 are the RCO

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meeting notices and certificate of mailings. A9 is the RCO letter of support. At the time I submitted

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the exhibit packet, I indicated pending because I hadn't received it yet, but that has since been

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submitted. A10 would be the district council person's letter if submitted. A11, relevant

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zoning history, I would point out that in 2009, uh, the, the zoning board granted relief for the

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very same project. Uh, if anybody recalls in 2009, that's when the economy took a turn for the worst.

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Uh, that zoning, uh, permit expired, uh, because, uh, Mr. Lee was unable to proceed with the project

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due to the financial circumstances at the time. Uh, A12 is the zoning map and A13 is the aerial

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photograph. So quickly, with regard to the refusal, again, there's one refusal for minimum rear yard

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depth, nine feet being required, zero being proposed. And that is it. And it notes on the

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refusal, the ZBA granting a variance for the very same project. And in fact, it's the same plan that

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we used for this application that we did in 2009. And you'll note here, it says zoning permit

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expired. So we have the application of appeal, project information form,

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transmittal letter to the board, copy of the deed, scrolling through,

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tax compliance. Here is the very same plan that was approved pursuant to the 2009

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variance request. Again, what you have is a property that is known as 6814 through 20

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on Old York Road. The first floor structure encompasses basically the entire lot. So there

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was no rear yard at the ground level. Uh, the applicant proposed to roof over, uh, this walkway

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here, uh, to give tenant access to the apartments, uh, with, with cover. Um, it would be a dedicated

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entry. Um, and so, uh, because of the roofed over structure over an existing first floor structure,

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Um, you know, the, the rear yard setback requirements still is imposed and, uh, we,

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we, we can't comply with that. So, um, with regard to the, uh, RCO, we presented those plans at an

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initial meeting. Um, they had a concern, a couple of concerns. One was about, uh, dumpsters on the

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Street on either Haines Street or out on Old York Road. So we provided a floor plan to show

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a vented interior. Let me blow this up a little bit.

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A vented interior track storage room with ample storage for the commercial tenants.

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As you can see, there's a vent fan, which would exhaust out to the street.

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So we complied with that. One of their other requests were surveillance cameras,

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not only on the street, which we provide at this corner of the building,

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And two, at this corner of the building, along with one at this corner of the building.

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and two at this corner of the building, along with one at this corner of the building.

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But they requested surveillance cameras in the walkway where the tenants, the residential tenants, would access their apartments to ensure their safety coming in and coming out.

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So we did provide these plans to the RCO.

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And then they also requested, as opposed to just a railing along the second floor, they requested more of a privacy enclosure to prevent any items that might be discarded or inadvertently fall over the side of the building into the adjoining yard.

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So what we agreed to was to provide a six foot high fence with a two foot high lattice above it to permit light and air into the hallway, but yet provide the protection of both the tenants, residential tenants on the second floor, as well as the property owners and occupants of the property adjoining us to the

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We have our photographs of the posting. This is posting on the fence. This is the Haines Street

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side. This would be a egress for the apartments. This would become an ingress, egress for the

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retail space or commercial space on the first floor corner. Here's another shot from a Google

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street view of the property. This is the Old York Road frontage. Again, this is from the corner.

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This is an angle view of the property. This is another angle view. Not that you can really see

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it, but at the first floor level, the building extends to the property line. We are talking

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about roofing over this section here atop of the first floor extension for the purposes that we

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described. So we have our RCO meeting notice went out on April 22nd for our meeting on May 2nd.

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We have the notice of refusal attached to that. Here's a copy of the zoning notice.

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the addresses, our certificate of mailing. Then we sent it out again on the 9-12 for our meeting

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on September 19th at 6.30. That meeting was in person. The prior meeting was via Zoom.

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Again, we attached the copy of the refusal. This was my order confirmation. I do have the

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certificate of mailing if anybody would like to say it. And again, bringing the board's attention

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back to I apologize for the blurriness of this I don't know why this was uploaded this way but

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you can clearly see that in 2009 the variance was granted by the board for the erection of

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a second story addition to an existing two-story structure and but again

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it was the same exact plan that we're using for today's purposes

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So there's the notice of decision, the refusal.

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The property is zoned CMX2.

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The uses are permitted as we propose.

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So we're not here for any use variances, just a dimensional variance.

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With regard to the RCO letter, they submitted their letter on September 22nd.

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12 votes in favor, one vote opposed, and they had some conditions which I'd like to discuss.

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So briefly, this letter came in. There were a few items in here that, quite frankly, we did not discuss, i.e. no alcohol sales was never discussed.

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We did discuss a prohibition on smoke shops and smoke lounges, hookah lounges, and we agreed to that.

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and daycare-type uses. However, we never discussed alcohol sales or deli-type businesses as tenants.

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The maintenance and hiring of a property manager, when construction should start,

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and the completion of the project, I quite frankly don't believe are enforceable or valid

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provisos that the board could impose. However, the adequate ventilation of the

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enclosed trash room we've provided, it's in the plans, and the security lighting and surveillance

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It's in the plans and the security lighting and surveillance cameras have been added.

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So given that, we received an email from the RCO May 25th of 2022.

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And again, they discussed erecting that barrier as discussed at the second floor

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to prevent items for trash from falling behind the property, which we've provided.

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Trash collection, no dumpsters on the street. We provided the interior trash storage room.

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We've shown on a plan the installation of security cameras at both ends of the building

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and the walkway to the apartments. We've agreed with them that we would obviously prefer to hire

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local residents on the site for construction work because they're more likely to show up for work

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and not gets caught in traffic or being able to get there.

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The appropriate facade materials, there was an amendment to the zoning code,

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but this application predates that, so I don't think that's applicable.

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And again, in their May 25th letter, written commitment not to rent a smoke shop or daycare,

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which we have agreed to. So we did reply to that. And again, the walkway barrier was agreed to be

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installed and shown on the plan. Interior trash storeroom was provided and the apartment egress

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was shown on the plans. Mr. Lee ensured that employment opportunities would be made available

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to qualified community residents. We would restrict the uses of smoke shop and daycare

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in the first floor commercial spaces.

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And we would obviously include those provisos

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in any future agreement of sale

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should the property be sold.

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So that is all I have at this time.

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I do have Henry Lee in the audience.

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Henry, he is a phone participant.

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Mr. Chair, if you want, he's got his hand raised.

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There it is, okay, good.

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Hi, Mr. Lee, could you state your name

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and spell for the court reporter please henry last name is lee h-e-n-r-y last name o-e do you

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swear affirm to tell the truth the whole truth nothing but the truth yes proceed counsel thank

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you chair uh henry you've heard my representations to the board today yes are they true and correct

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to the best your knowledge information and belief yes and would you adopt them as your own testimony

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today. Yes. Thank you very much. Thank you. Questions from the board? No, Mr. Chairman.

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No, Mr. Chairman. Questions or comments from the virtual audience?

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Mr. Chair, there are two additional hands raised. One hand is from a Kelly McShane Tyree. I have

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allowed them to speak. Okay. Could you state your name, please, and spell for the court reporter?

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Yes, thank you very much. My name is Kelly McShane Tyree, spelling K-E-L-L-Y, McShane, M-C, capital S-H-A-I-N, third name, no dash, Tyree, T-Y-R-E-E.

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

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I do.

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Proceed.

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thank you um i am a near neighbor and i am also the chair of the beautification committee for

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the oak lane community action association which is the also the rco i think it's very important

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to note um a bit of history in terms of this property in our community um our community has

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been extremely involved with the mr chairman i'm i'm going to object uh the history of the property

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is not relevant to the zoning application so why don't you do this why don't you tell me what you

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think of the project and your views I am extremely concerned based on past history that we do not

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have a greening and cleaning plan attached to this I know that that is extremely important to the

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community given the fact that we have been there many times cleaning up the property we're thrilled

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to see the movement on this but we have worked along with the old york road businesses

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to personally invest in terms of financial in terms of our time in terms of planting trees

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along this corridor and it's extremely important to establish that that would be the continued

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expectation that this project is in keeping with the character of our community in terms of our

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cleaning values, our greening values, and certainly maintaining the art.

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cleaning values, our greening values, and certainly maintaining the architecture.

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Okay. Mr. Chairman, while I appreciate her efforts to maintain the greenery of

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we're here on a dimensional variance for a rear yard. I understand.

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Thank you for your call. Thank you for your voice and we'll weigh it appropriately.

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Is there anyone else in the audience?

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Yes.

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Chair, can you hear me?

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Could you state your name and spell it, please, for the court reporter?

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Yes, my name is Sharon Wilson, and that's spelled S-H-A-R-O-N-W-I-L-S-O-N.

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Thank you.

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

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I do.

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Proceed.

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I just want to get clarification on a proviso, which indicates no alcohol sales. And I heard Mr. Ward, who actually received that letter on September the 22nd, if he actually communicated to the RCO, which I'm a part of, whether or not he disagreed with that and would not support that proviso before receiving that letter that they received going forward.

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Sharon, if I could address that. I did speak to Henry about the alcohol sales, and he's agreed to accept that proviso. However, the deli grocery store use, he doesn't think that's appropriate. But the restriction on alcohol sales, he's more than willing to accept today and include that in any decision by the board.

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Great. As long as we can make that a part of the record, I'd appreciate that.

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Yeah, we acknowledge and agree to that today.

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Okay.

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Thank you for calling in.

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We appreciate your input.

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This is Amy Geller.

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I just wanted to point out that alcohol sales are regulated by the state, so I don't believe that a proviso would necessarily be enforceable regarding alcohol sales.

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Okay.

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Thank you, counsel.

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We agree to it anyway, Mr. Chair.

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Okay. Thank you. All right. Is there anyone else in the virtual audience?

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I missed. There's a hand raised from a person with the number ending in four, three, two,

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