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Hearing video

ZBA Hearing - July 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 21, 20215h 54m

MI 2021-001266 4542-44 Green Street. My vote is yes. My vote is yes. My vote is yes.

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Thank you. And the final. Thank you all. Have a good evening. MI 2021-001-262-9232 Melrose Street.

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Sean Ward. And while we're waiting for Mr. Ward, Sharon, did we ever get a letter from East Toursdale?

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No, I did not receive one.

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Ward, good afternoon. Please identify yourself and I'll square you in.

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Good afternoon or evening, Mr. Chairman and members of the board. Sean Ward, S-H-A-W-N-W-A-R-D.

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On behalf of the applicant, my address is 331 East Street Road, Trevos, PA, 19053.

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Do you agree to tell the truth, the whole truth, nothing but the truth?

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As always, I most certainly do.

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Thank you. Do you agree to waive and stipulate to the accuracy of this application?

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Yes, I do.

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Have you emailed an exhibit packet with the required documents, including proof of ownership, proof of tax compliance, a copy of the refusal or referral, and photos and or plans of the property five days in advance of this hearing?

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yes i have have you met with the rco and do you have a letter i have met with the rco

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um i have not received a letter to them however i do a proof of a meeting if they did submit a

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letter mr chairman uh they fail to share that with me and i but i do have proof that we met

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thank you please proceed

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Ms. Rita, is it now available?

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Oh, sorry.

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Yeah, that's my client, Rita DeRoya.

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You can make it a little bit larger, Sean.

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If you can enlarge that, it would be helpful.

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Yeah, always.

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I just like to show the full extent of the page.

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but of course I'm going to blow it up. Mr. Chairman, I've submitted my typical exhibit

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packet to the board. I represent Rita DeRoyo. She is present on the call with her brother who is the

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project manager of this project for her to build her her single family home and that would be

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George Groves, G-E-O-R-G-E, capital G-R-O-O-V-E-S, for the property at 9232 Melrose Street.

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We filed an application for the permit for the erection of a single-family dwelling at the

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property. It resulted in two refusals, one for side yards and one for decks partially in a side

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yard. Eight feet is required versus our proposed two feet and five feet. So the the lot size and

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the required side yards create the refusal for the decks which are on the front and back of the house

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but because of the side yards obviously when they extend to the the limits of the structure

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they're partially in the side yard so we seek dimensional refusals. Before I go on real quickly

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As for the board's edification, the property is located in the Tarsdale section of far

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northeast Philadelphia in an area what is called Pleasant Hill Park. Historically, back in the

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early 1900s, this was a vacation community for the residents of what was then Center City or

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Philadelphia. So a lot of these properties were originally built as bungalows.

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So a lot of these properties were originally built as bungalows or, you know, little tiny vacation cottages up along the Delaware River in an area what they call Pleasant Hill Park.

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And this area right here is known as Pleasant Hill Beach.

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the chairman may recall there used to be an establishment on the corner here called the

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Columbia Yacht Club, which I believe some of the awards, not my family, well, but they did too,

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but the Democrat or Republican awards may have had. Just to familiarize yourself with

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what we're referring to. So in my packet, I include the notice of refusal, which is part of

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the ZBA application, the refusal being A1, ZBA application being A2, project information form

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being A3, A4, proof of ownership, A5, tax clearance, A6, site and elevation plans, A7,

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are photographs of the subject. A8 are photographs of other properties. A9 is our RCO meeting notice

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and certificate of mailing. A10 would be the RCO letter if I had it. I didn't receive it.

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A11 are petitions of support or letters of support. I did receive two letters of support,

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one from a tracy de cristofaro at 92 32 melrose uh michael thompson 92 46 melrose and then we

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were able to get three signatures from area residents on a petition of support

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pardon me it's getting late in the day my throat's getting parched

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uh a-12 would be a letter from councilman heenan but as the board is aware he generally does not

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submit letters of support. If there was a letter of objection or opposition, I'm sure the board

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would have that. So if there is a letter from the councilman, I would ask that be marked A-12.

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I always search for a relevant zoning history, which would be included at A-13, but none was

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found for this property. But I did include A-14 as the Atlas zoning map, A-15 the Atlas deed or

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lot map. And H16 is my typical aerial photograph. Just a few comments. This parcel is an existing

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non-conforming lot. Lot width required is 35 feet. Existing is 25. Minimum lot size is under

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the current code 3,150 square feet, whereas we have 2,500 square feet. We did not create this

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lot. This lot has been existing in its shape and dimension as far back as the eye can see.

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So under the code, the required side yards are two at eight feet for a detached dwelling.

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This is RSA2 zoning, so a semi-detached dwelling would be permitted. So hypothetically or

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theoretically we could uh create a semi-detached or you know a twin um which up in this area we

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refer to them as twingles because if they're if they're to one side of the yard um not attached

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to something else they're half of a twin so they call it a twingle um but that is not what we're

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seeking to do what we're looking to do is uh create one that is close to one property line

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and grant us five feet on the other.

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So it'll be two feet to the left, five feet to the right.

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As the plans will show as we move along

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on the two-foot property side,

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we have no windows or openings

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to comply with the building code and the fire code

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so as not to have any fire code

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or building code issues there.

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Again, with regard to the decks,

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because of the narrow lot width,

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if the decks appear to be in the side yard setback, and therefore that generated the other refusal.

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After I submit everything, I would summarize that we cannot comply with the dimensional standards

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because, in effect, if we were to comply, strictly comply, the house would be nine feet wide,

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And that is just not conducive to our standards of residential living today, nor would it be conducive to what's in the community and complies or consistent with the nature and character thereof.

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And I would also point out, you'll see as my presentation moves forward, that both of the joint properties are built to either near or on the adjacent property line.

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So we're not doing anything that's out of character for the neighborhood.

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We're not doing anything that's out of character for the neighborhood.

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So I'm going to reduce that again and run through some exhibits real quick.

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Obviously, we have our notice of refusal, our petition of appeal, our project information form, proof of ownership, Rita DeRoyo.

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I could not obtain a copy of the deed. The website was down.

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but Rita Dorero and her husband David Rivera are the current property owners and I would point out

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they're looking to build their own single family dwelling here this is not a spec home

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you know which came up at the RCO meeting with regard to the plans I'm going to blow these up

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and then zoom in Mr. Board excuse me did you say that you did not submit a deed

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um no i have the uh uh office of property assessment uh proof of ownership we have never

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accepted that we've always required a deed and that's been pretty much an absolute not going

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for that one if the board were to hold the vote would you be able to obtain one i could i could

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probably uh go back on to philodox and get one um you know at the conclusion of this hearing and

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email it this evening okay that would be fine um it just always has been the one thing that we

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have insisted on yeah we can we can vote on it next wednesday yeah but you know occasionally

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i go to philodox and uh for some reason you know you know the login doesn't work um and they tell

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me you know to exit and come back later so uh i was unable to uh to procure uh the actual copy

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the deed but they are the current owners and i will i will share and i'll get that to you

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you know after the hearing thank you sean and then they'll vote it at the start of next wednesday's

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hearing that that would be great i i appreciate it thank you uh so mr chair with regard to the lot

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as you can see uh the lot is 25 feet wide it's an existing non-conforming lot uh this is not

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subdivision they didn't create the lot they purchased a lot uh the way it is uh there's

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existing a you know not that there's curves on these streets up in pleasant hill um they're all

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those country lanes with just the uh you know the macadam asphalt you know streetway and then uh

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there's driveways going into the property so it is currently a vacant lot uh there is currently a

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one-story garage in the right rear corner, which will be demolished. This hash line represents

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our legal building envelope, which is basically nine feet wide. The length is not an issue because

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we're not exceeding the length or depth of the house. The proposed lot,

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um you'll see we're proposing a single family dwelling we we tucked the uh proposed structure

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to the left and we would have a two foot uh setback on this side of the left side of the

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property a five foot setback on the right side of the property and you know could we split the

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difference and make them even yeah but this gives them a little bit more of you know pedestrian

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access to the rear of the property. As you can see here, the two decks, there's one on the back

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of the house, extends into the side yard setback on the left, extends into the side yard setback

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to the right, and that is repeated at the front, again, to the left and to the right.

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um circle out so as for as regard to the floor plans uh first floor ground level would be a

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one car garage um with a man door at the front of the house a man door access to the garage

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and then steps going up to the main floor at the rear of the house behind the garage

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It could be an office. It could be a bedroom. It's fully above grade. We could have a bath.

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We could have a walk-in closet and then access to a rear patio. The proposed first floor

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at the front of the house would be the dining area so you could access the front deck overlooking

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the street with a kitchen area, living room in the rear with an access door to the raised deck

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in the rear. And then on the top floor, two small bedrooms, all-way bath, shared by a master suite

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with the master bath and walk-in closet.

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you know master bath and walk-in closet from a elevation point of view front of the house would

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have again uh carriage type garage doors on the front with the uh pedestrian entrance or man door

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entrance i hate to use that term person door um up on the uh the main living area some patio doors

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access to the front deck and then the third floor again in the rear we would have patio doors out

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from that office slash bedroom again fully above grade out to the patio I don't believe we're

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proposing a basement here so we're not going below grade for any purpose again the man door person

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door coming off of the living area out to the rear patio deck and a window from the master suite

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um with regard to the side elevation this would be the side elevation

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to the north or the area with the five foot uh setback so we would provide windows on that side

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of the house which faces the north or the northeast uh you know quite frankly and then

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In the south or southwest elevation on the two-foot setback side yard proposed, no apertures, no openings, solid wall as similar to if it was a semi-detached home, which is permitted in the district.

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And even if it was a semi-depatched home, the other side would require a 16-foot side yard.

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So again, we would still be saddled with a nine-foot wide home.

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So obviously, we did not create the lot.

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We purchased the lot the way it is.

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And it's an existing legal residential lot.

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This is a photograph from the front of the lot.

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The fence area representing our lot. You can see the garage in the back,

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and that's just a portable trailer. This is the home to the left. As you can see,

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you know, they have the same two-foot setback. However, they do have windows on this opening

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or this side of the home. Same thing with this property on the right, which

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I have a better photo of that. I'm sorry, this is, you know, looking over that front fence,

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this is our lot. You can see the McAdam driveway, you know, tucked in back here behind this trailer.

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You might see the edge of the garage that's existing to be demolished, but this home to the

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right has three windows opening. There is a chimney which basically abuts a fence wall.

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The fence wall divides the properties. I can't attest to whether that fence wall or masonry

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wall is on our property or their property. I would submit it's on our side of the property line

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because their chimney abuts right up to it. Moving down to my next photograph again.

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This is another shot of this home to our left with a two-foot setback from the

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defense which is on the property line. I would point out that the lot to the left is a double

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wide lot. However, it's got two dwellings on it with a garage in the rear. I have another

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photograph to demonstrate that. To the right, again, you can see the chimney

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on the structure to our right, which basically abuts the masonry wall separating the two properties.

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Again, that's just another shot. The telepole was in the way, so I took another one.

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Again, just another shot of the property to the right.

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here's another shot from inside the lot looking at the property to the left and then as I stated

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we have photographs of other properties in the neighborhood so I drove up and down the street

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and this was last Monday night when that torrential storm came I happened to get the

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photos in just before I got stuck in my car for an hour hour and a half until this rain stopped

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it. So you can see most of the houses are narrow in frontage and longer in depth.

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There's another one. Well, sorry. 9240.

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here's another one as you can see they you know they're in close proximity to one another

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Here's another one. As you can see, they, you know, they're in close proximity.

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similar lots you know 25 feet wide uh narrow frontage longer in depth

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there's another one and again you know a lot of these are still the same bungalows

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or cottages uh you know from the old pleasant hill beach days you know here's another one you know

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typical and then there's some new construction um at the end of the block this is melrose street

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as it fronts on or abuts linden avenue uh mr chairman uh if you recall if you went out linden

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avenue to state road vinnie's lounge was on the corner the baxter water street plant is over here

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and uh if you turn left you're heading down towards uh you know cotman avenue if you turn

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right you're heading up towards Grand Avenue again that's the second twin I mean that's you

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know new home single and the third so again they're they're in close proximity to one another

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uh I mailed out our RCO meeting notice to the addresses provided by the planning commission

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Commission website. It went out to 67 homes on the list. Certificate of mailing attached.

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My client was able to get three signatures from some area residents, two actually on Melrose

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Street, and one was Mr. Hasher, who now owns the premises known as, you know, the former

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Vinnie's Lounge. It's called the Jimmy's Time Out Tavern. I did get two letters of support,

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one from Michael Thompson, who's at the end of the block at Melrose and Arendelle, the Street

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to the North. This is a certification that he signed it through Adobe, and this is from Tracy

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D. Christofaro, 9232 Melrose Street. Again, e-signed and confirmed. The property is zoned RSA2.

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The properties behind us are RSA3. These were zoned R5 back in the day prior to either the

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adoption of the new code or some amendment thereafter. I'm not sure and

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that information is not readily available to us anymore. Again, I use the

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deed map from Atlas. You can see that our lot is 25 feet by 100 feet. To

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our left is a double wide lot, to the right is a double wide lot. Again, you can see the shadow

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where the two dwellings are pictured with the garage in the rear. To the right, a larger dwelling

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which abuts to the property line just as this dwelling here abuts to the property line to the

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I provided an aerial photograph. Again, you can see two dwellings, the garage in the rear,

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this being our lot with a one-story garage, portable trailer in the rear to be removed.

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The properties behind us, similar in size and shape, and again going down the block.

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uh and this is just a you know a thing uh a more distant aerial photo again you have state road

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at the top of the photo lyndon avenue would be running up and down to the left

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arendelle a-r-e-n-d-e-l-l avenue would be to the right and again you can see there's no sidewalks

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there's no curb cuts it's basically country lane uh with you know parking and access to the front

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uh we're not trying to develop anything that is not consistent or out of out of character in nature

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