civus
Hearing video

ZBA Hearing - February 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 9, 20224h 29m

is yes. James Snell. My vote is yes. Ishmael Shahid. My vote is yes. Is there anyone in the virtual

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audience for the two o'clock hearing their cases have not been heard

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not to anyone with their hand raised sir okay we will take a break till 3 30. five minutes we're back

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you

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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You

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Chair, we are ready when you are.

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okay

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we're live yes we are sir okay good afternoon my name is bill bergman and i will be chairing this

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zba hearing with me is ismail shaheed our board secretary

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ismail on mute

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hello yes ishmael's here

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hello yes ishmael's here thomas holliman our board member present mr chairman james snell

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our board member present mr chairman also our board administrator tanya sunkett and our attorney

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rebecca cole let me just cover our virtual format be advised these proceedings are being recorded

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by participating. You acknowledge your agreement to be recorded. The video will be available by

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contacting tonyasunkett at phila.gov. For the benefit of our court stenographer, we ask attorneys

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and witnesses to identify themselves before testifying. If you are participating by phone,

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if you wish to testify, press star 9 to raise your hand and star 6 to unmute. To enter an

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appearance statement, call 267-270-5548. Leave your email and the address of your property in

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question. And lastly, on the screen, the question and answer box is not for testimony or comments.

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Any comments should be made directly to Tanya Sunkett, our board administrator.

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We'll look at the continuances for this afternoon.

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Number two, MI 2021-003828, 1428 Hope Street.

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Number six, MI 2021-003767, 2622 East Allegheny Avenue.

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and MI 2021-003878-6019-35 North Fish Street.

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Is there any comments from the virtual audience about any of these continuances?

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Mr. Chair, I have Mr. Sean Ward with his hand raised.

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I will allow him to speak at this time.

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Good afternoon.

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Mr. Ward, state your name for the court reporter and spell it.

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Yeah, Sean Ward, S-H-A-W-N, W-A-R-D, attorney on the Hope Street application and the Fifth Street applications.

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All right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I most certainly do.

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I see. Is number two a continuance?

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They're both continuances, but attorney moving party. I just wanted to be clear.

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Okay. And what was the other case?

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Hope Street. Hope Street is 003.

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i have i have hope street do you have another case you said yeah fifth street zero zero three

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eight seven eight okay fine moving attorney moving gordon thank you very good mr ward thank you

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any other comments for the contingencies

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i see are there are there any other continuances requested

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once again no further hands at this time thank you very much

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number one mi 2021 003833 1001 to 05 passion avenue

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bella vista neighbors association letter of non-opposition councilman school letter of

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non-opposition, John Tran and June Tran.

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If you're in the virtual, wait, sir, I have a Nathaniel Whitman with their hand raised.

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Do I allow them to speak, sir?

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Yeah, let's see who he is.

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Right away.

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Hello, Mr. Whitman.

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Can you hear me?

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Yeah.

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Could you state your name, please?

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Are you an attorney?

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I'm not.

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Okay.

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Can I ask what you want relative to this case?

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I am the renter of that property, and I wasn't sure when to chime in, but I meant to present

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today for my appeal on the case that you just mentioned.

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Well, I'm waiting for Mr. Tran.

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Oh, that's the owner of the building?

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Right.

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The applicant for this appeal is my architect, and I did not, who is Sergio Kosha, and the owner is not going to be present today.

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Okay.

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Tanya, do we have this?

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Yes.

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So it appears as though the applicant is who's speaking now.

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Okay.

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are the one who applied for a variance or a specialist session sir yeah it's in the name

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sir yeah it's in the name of the architect sergio kosha whom i know is listening okay but

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of the architect sergio kosha whom i know

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right i understand but is it your request for an appeal yes are you prepared to present

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yes okay so yes we're we're not we're only discussing continuuses okay okay

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could you state your name and spell it for the court reporter nathaniel whitman n-a-t-h-a-n

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i-e-l w-h-i-t-m-a-n right do you swear for him to tell the truth the whole truth and nothing but

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the truth truth yeah mr holliman has a few questions for you good afternoon sir according

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to our records you have submitted all of the required documents is that correct yes thank you

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please proceed i'm sorry we're going to have to hold off one minute um chair if i could ask

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who would be doing the presentation on screen?

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Sir?

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Daniel, you're doing the presentation, right?

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Yes, please.

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Okay.

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Jason, can you promote them to panelists, please?

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Already been taken care of.

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Thank you.

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Daniel, do you want to start sharing your documents?

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Daniel?

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Sir, you need to unmute yourself.

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Thank you.

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We see you.

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Could you start sharing your documents?

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Okay.

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Okay. Can you see my documents?

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We're starting to see them now. Yep, we're here.

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Okay. So I am appealing.

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I am trying to open a restaurant at 1001 East Pass Yonk.

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And it has been a restaurant for four years.

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The zoning variants had not been formally brought to L&I.

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And so the variance that the former restaurant had expired, and I'm hoping to open another

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restaurant in this space.

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It's a corner property.

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It's, you can see it, the pictures of the restaurant right here.

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This is the front and the inside, both sides along 7th Street and Pashunk.

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It will be a-

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I'm sorry.

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I hate to interrupt, but could you maximize?

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So that everyone can see.

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So you can't see this.

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We can see it.

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It's just.

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Very small.

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I maximize.

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Is that better?

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Better.

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Okay.

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Okay.

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My screen is very wide and I'm not sure what it looks like on other people's screens.

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Let me go back to here then.

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It's on the corner of 7th and Pashank.

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This is that corner.

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and you can see the outside of 7th and the Paschank side and the 7th side.

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It will have some dine-in and a takeout window,

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but only six seats or so inside.

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It will be mostly a takeout restaurant.

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It will be open from Wednesday through Sunday from 7 to 11 in the morning.

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It's a breakfast location.

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and it has a lot of the has has the um the hood that a restaurant would need it has a lot of the

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plumbing that a restaurant would need um it just needs to be sort of sewn up and yeah i think i'm

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not sure what else you'd like to know other than i have all the documents and i saw the presented

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to the residents and got a favorable outcome there as well as from the city council office

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okay questions from the board no mr chairman no mr chairman no mr

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questions or comments from the virtual audience

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see no hands mr chair planning commission it's uh ron bednar city planning that's r-o-n

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last name bednar b-e-d-n-a-r do you swear a firm to tell the truth the whole truth and nothing but

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the truth i do proceed sir uh this property is split zone for both commercial mixed juice and

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This property is split zone for both commercial mixed-use and multifamily residential on the city plan.

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Maltifed.

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Given the site's physical condition and surrounding use context, we recommend the request for variance be granted.

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Thank you.

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MI 2021-003833, 1001-05 Pashonk Avenue, I vote yes.

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Thomas Holloway, my vote is yes.

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James Snell, my vote is yes.

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Thank you for coming in, Nathaniel.

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Thank you so much for having me.

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MI 2021-003791, 1534 North 17th Street, Marquesa Carter.

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I don't believe we have any exhibits for this.

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Is there anyone in the audience for this case?

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once again is there anyone in the audience for this case

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i did not see any uh case is continued mark must be tried

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mi number four mi 2021 002 421 1720 north 59th street leo movahill is the attorney

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no rco letter councilman jones has a letter of support

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good you've been sworn just state your name please certainly leo moldahill m-u-l-l-i-h-i-l-l

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mr hallman has a few questions good afternoon counselor do you agree to waive the reading of

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refusal and stipulate to his accuracy i do according to our records you don't have uh

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rcl letters that's correct can you address that issue we had previously met with the rco and we

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just had never received a letter i don't know whether one was forwarded to the board and why

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i'm before you go on leo i'm gonna so this is similar to case number five right if number five

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is 1715 then yes yes mi 2020 001856 17 15 north 59th and the first one is 17 20 north 59th

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both have the same issue councilman curtis is letter of support and no rco letter at this point

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for both cases proceed leo okay let me share my screen if i can yep okay

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all right so good afternoon chairman members of the board this again leo mulvihill here for the

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applicant what i'm showing you now is our screen my screen let me get this working right uh for

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For 1715-1720 North 59th Street, we have the Refusal Appeal and Project Information Forms

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at 1, Zoning Maps at 13, Deeds at 14, Commercial Activity at 26, Tax Clearing at 28.

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This is an older packet because we had originally scheduled this hearing and it got continued

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but I have updated tax information for both properties.

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Zoning Notification Letter and Proof of Mailing at 31, Voters at 35, Plans at 58.

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So, members of the board, essentially what we're seeking for both parcels, I'll move right to the refusal, is we're seeking two-family dwelling in an RSA 5 zoning district.

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And why are we doing that? Well, my client, Alan Borovitch, is on the line. He's going to discuss his recent developments in the area with respect to single-family homes and how, due to the increased pricing of construction, materials, labor, etc.,

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It's simply not feasible to have affordable single-family homes in this area right now, which is why we're seeking the two family dwellings on both parcels.

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This was discussed at length with Councilman Jones by my client, and that's why we do have that letter of support.

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Just going to the other, and here's the other refusal as well.

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There we go. One moment, please.

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Okay, so this should be for $17.15.

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We can see the only taxes that are outstanding are for $22, which are

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not due yet.

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And then this is for $17.20.

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We're basically there at this point. The taxes are

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all paid up. There we go.

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One moment, please. Getting back to my packet.

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All right. There's the notification letter that went out. We had a meeting

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quite some time ago, last year. There's the proof of mailing. And I have plenty of photographs of

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both of the properties, several postings as well. But we can see just from this, this is 1715.

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You can see we have two story properties, each with porches, and we'll just do a quick

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360 of the block so we can see what the block looks like.

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You can see now on page 38 across the street, that's a 1720 property that's vacant, and

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we have all two story homes along the block.

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