civus
Hearing video

ZBA Hearing - May 28, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 28, 20257h 56m

It's a viable neighborhood.

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Okay, any other questions for,

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Thank you very much for your input. We appreciate it.

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Thank you.

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Okay.

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No question.

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Anyone else?

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But I do have some comments for the board to consider, Mr. Chair.

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First, the photos were taken by me within the last couple months.

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The photos were taken by me within the last couple months, so they are an accurate depiction of what's currently on this block.

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I even drove by the block earlier today, and it's in the same condition.

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The photos that I presented are evidence of what is on this block, along with the photos of the church on the corner that has been approved for same use, visitor accommodations,

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the same use that we're asking for here today. As far as any comments about roof decks, first,

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I do have photos even. There are other roof decks on the block. So it's not just my client that has

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a roof deck. And we're not here today for the roof deck. As far as parties or any of the other

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activities that have been raised they're not illegal activities first and secondly these

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activities could be used by um a long-term tenant so the activities are not exclusive to

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a short-term rental that would be a deciding factor here i mean my client by right could

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have four units here, he could rent the apartments out to college students, and they could be

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partying all the time. So I think the fact that there's a roof deck here is should not be any

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factor to be considered. Okay. Anyone else in the virtual audience?

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Yes, I have a DVS with their hand raised. I'm promoting the panelists right now. They'll be

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back in short. Sorry, I'm not very good with technology. No, that's okay. Could you please

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state your name and spell for the stenographer? Yep. So the first name is Divya, D-I-B as in

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Victor, Y-A. My last name is Sud, S as in Sam, O-O-D as in David. All right. Do you swear or

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firm to tell the truth the whole truth nothing but the truth yes are you a neighbor yes i live

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on that 1900 block sure please proceed yes so i just kind of i think three actually who i've never

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met explain summarize this much better than i could i'm not very good at these things but

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But I definitely disagree with the way this block has been presented as dreary or non-residential.

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I live and own one of those single family homes that are on the block, and that weren't included in any of these photographs.

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Are you in favor of this or against?

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I am against this.

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Okay. All right. Thank you very much. We do appreciate you waiting around so long at the call.

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

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I do not see any further hands, Mr. Chair.

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Mr. Chair, one more comment I would like to make is that the comments we heard today in

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opposition were general comments to short-term rentals and they were not specific to this

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particular property. There were no issues raised with this particular property as to noise or

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anything else okay planning commission amy boyd with the planning commission the comprehensive

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plan recommends no change in zoning from the existing cmx to commercial mixed use

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the appellant has not demonstrated that there are unique physical conditions or circumstances

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of the property that would prevent it from being used in conformance with the zoning code

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the city planning commission recommends that board deny the proposed variance for visitor

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accommodation so we're going to i'm going to hold this till next wednesday at two o'clock we'll vote

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I'm going to take it to executive session and just see where will the board members stand on this, okay?

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Thank you very much, and we're sorry you had to wait around all day long.

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I noticed you came kind of early, too.

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You didn't come at 3.30.

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You were here about 2 o'clock, and Porter Leonard's been here with you the whole time, but we appreciate it.

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Thank you very much.

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Thank you.

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Okay.

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So MI 2025, 000395, 831 North 2nd Street.

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Kevin Valentine is the attorney.

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I hate, they got a quote.

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Oh, he's on the, okay, all right.

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Sir, could you please state your name?

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It's spelled for the court stenographer.

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Yes, my name is Kevin, K-E-V-I-N, Valentine, V-A-L-E-N-T-I-N.

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

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I do.

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um could you identify your client the relationship to the property my client is um 831

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my client is um 831 property llc they are the owners of 831 north second as well as 833

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north second and i see that you have a letter of support from northern liberties

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with some provisos yes our vice chair has a few questions for you sir good evening council do you

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agree to weigh the reading of the refusal or stipulate to his accuracy i do have you emailed

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in all the required documents and exhibits as needed to proceed with this case five days in

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advance of this hearing. With the exception of the deed and the tax certificate, yes, my client

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was on vacation. I just got those in yesterday. Okay, I believe we received everything, so we're

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good to go. Okay, thank you. Please proceed and share your screen. Might need to get you promoted.

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Yes, I did.

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I am promoted.

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Share.

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If you excuse me, I'm trying to share the referral notice.

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It is not sharing.

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Did we have it on your computer before?

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I'm sorry?

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Was it up before?

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Yes, yes.

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I'm just trying to let's say okay say again

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Here we go. Got it.

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Okay.

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Here you go.

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I think I am there. Yes, yes, yes, yes.

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Now, I am.

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Are you able to? No.

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I just did. Yeah.

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If you could stop sharing, like, that's the thing, but stop sharing.

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Okay, alright.

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Got you. Okay, here we go.

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I just did it.

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It's still not.

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All right.

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Here comes our experts coming up to help.

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Our experts coming up right now.

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All right.

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Normally, I just have my kid do this for me.

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Okay.

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So this is what I'm trying to share.

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The URL.

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Okay.

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Open it.

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share right here no that's okay all right

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yes okay

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It's right here. This is the screen I need left for this. It's just a document. Right. I got you. Okay.

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Okay. Documents.

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Can we see it?

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If you open up the file, I'll just go.

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Thank you.

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yes there we are the um department of thank you so much yeah um l and i issued a referral

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for um this property because under section 14 503 um eating establishments in the north

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Delaware Avenue overlay district are, um, require a special exception, um, for restaurants, eating

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establishment, drinking establishments. My client is trying to, um, open a Japanese noodle, um,

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establishment. Yeah. On eight 31 North second, um, on the third of, uh, March, 2025, he met with

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the um northern liberties um neighbors association and that is where the um

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the um support letter with the provisos um came up let me see if i can locate that

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help

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he's trying to get back to my screen

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this is going to take a couple minutes

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we should maybe do O'Brien

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because he's on the line

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we get him on

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how are we doing

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is it moving

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I think this just opened the press.

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After the dreary comments, I'm not saying it.

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I think this place opened.

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I think they just opened one of these

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from the time.

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Is this our last case?

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No.

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all right i'm um presenting now the um the support letter with the provisos um as you can see um

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nlna supported the project but wanted to ensure a few things they

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okay so i think we got to move on to the next case and we'll come back at the end all right

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is there a way you go in the back and maybe somebody can take a look at that for you okay

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All right, so let's – we know O'Brien's out there.

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MI-2025-000-396-6228 Ridge Avenue.

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William O'Brien is the attorney.

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There's a letter of support from Central Roxborough.

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The vote was 20 in support, 13 in non-opposition, and 4 in opposition.

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there should be coming back in shortly mr chair

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Hi, Mr. O'Brien. I guess you got tired of enjoying our company down here.

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hi mr o'brien i guess she got tired of uh enjoying our company then

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No, I had a civic meeting at 5 o'clock.

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Just if you would, state your name and spell for the court stenographer.

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William O'Brien, W-I-L-L-I-A-M, O'Brien, O-B-R-I-E-N, from the Maniunk Law Office on behalf of Angela Sposato and her brother Franco Sposato, owners of 6228 Ridge Avenue.

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Okay. Do you swear or affirm to tell the truth, told truth, nothing but the truth?

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I do.

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Our vice chair has just a few questions, sir.

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Good evening, counsel. Do you agree to wait to read another refusal or stipulate to his accuracy?

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I do.

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

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Yes, I did.

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Thank you, counsel. Please proceed and share your screen.

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Thank you.

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so this is a one use refusal the application is to allow the building on the screen 6228 Ridge

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Avenue to be used as a visitor accommodations which allows short-term rentals it is being

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used for rentals but not less than 30 days as the code allows the property is a single family home

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it was built as a single family home and it is continuing it's never been reconfigured it is a

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single family home it's also contributing to the central to the ridge avenue thematic historic

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district. It was constructed in 1886. And as I said, it is today configured the same way it was

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originally in 1886. I have some photographs of both. Well, this is the exterior I've already

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shown you. Let me go through a series of photographs that show the existing interior

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conditions. This is the entrance from Ridge Avenue from the inside. This is

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one of three photographs of the living room, the second, the third, the dining

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room, the kitchen, another view of the kitchen, exiting the kitchen to the rear

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yard, the first of three bedrooms, the second and third, and the bathrooms. As depicted in these

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photographs, the interior finishes are extraordinary, and it's a very welcoming

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venue for some transient visitors to the Roxborough neighborhood. Manionk does have a bed and

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breakfast on Gay Street. Roxborough, however, does not. So this use would allow members of the

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community to receive guests for different events and have them stay conveniently

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in the neighborhood. The civic group we met on April 3rd at St. Timothy's Church.

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the civic group supports it with three requests which the owner agrees to one that their minimum

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stay would be four days two that the building would not be reconfigured in a multi-family use

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so long as it's being used for this visitor accommodations it'll stay configured as a

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single family home and that the advertising will not include food or entertainment it'll be

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a bare bow charter. No entertainment and no food and beverage will be provided

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by the owner. The rest of the materials include the required deed, zoning notice, and UPS

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certification, revenue clearance, a copy of the application for appeal, as well as the photographs

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of the zoning posters. Franco Sposato is in the audience if he would wave his hand.

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Okay, they have been promoted to panelists, they should be coming back in shortly.

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Sir?

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Mr. Sposato?

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Can you unmute yourself, Mr. Sposato?

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There we go.

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Hello, can you hear me?

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I can.

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Sir, could you please state your name and spell for the sonographer?

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yes franco f-r-a-n-c-o sposato s-p-o-s-a-t-o could you turn your video on too please so we can see you

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give me a moment here let's see in the uh share screen um oh start video here we go

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hi do you swear or affirm to tell the truth told truth nothing but the truth

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i do please proceed counsel thank you uh mr suzato were you in the virtual audience while

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i was testifying about your property on ridge avenue yes uh did you hear my statements and

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are they true yes they are and do you adopt them as your own i do okay um questions from the board

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is this going to be occupied pardon me this is going to be owner occupied

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No, this is not owner-occupied.

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Where will the trash be stored?

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It's in the rear yard. It's not visible from the street.

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It's brought up through this alley and put in front on collection day.

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What's the justification for having it be visitor accommodations or short-term rental and not just renting it as a difficult apartment?

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