civus
Hearing video

ZBA Hearing - March 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 16, 20225h 49m

So I can send them.

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Sonia, do we have the documents?

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I don't.

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I have here that is no exhibits that was submitted.

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Can you explain where the exhibits were submitted?

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I did submit them a little late.

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I had on top of computer problems, generalized computer problems last week and some staff missing.

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I submitted them on Monday.

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So they are, they have been submitted.

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So, I know you've had some problems with your computer and all, but when we get them that close, we can't process it.

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So, we're going to have to continue the case.

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Okay?

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Thank you.

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All right.

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Thank you.

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You'll hear from us with the next date.

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Okay.

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Thank you.

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Sure. MI 2021-004627, 2423 South Garnett Street, Lynn Nichols, Drodd Estate, Area Residence, Letter of Support.

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Mr. Chair, I have a Mr. Frankie, I have a Frankie San Juliano with a hand raised.

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sure no it should be lynn nichols she's not available okay he can i see miss nichols

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She's not available?

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Okay.

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I see Ms. Nichols.

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Okay.

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Now you promote it.

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She's been promoted.

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She'll be rejoining soon.

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Sure.

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Good morning again.

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You've already been sworn to state your name.

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Nichols.

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l-y-n-n-n-i-c-h-o-l-s could you identify your client and their relationship to the property

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yes this is frankie and i don't want to mispronounce her last name sanguiliano

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and she's the owner representative for 2423 south garnett street our vice chair has a few questions

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hi do you agree to waive the reading of the refusal and stipulate to its accuracy

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Yes, I do.

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It appears that you've submitted all the required documents.

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Is that correct?

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Yes, that is correct.

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Okay, you may continue.

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May I share my screen, please?

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Yes, you may.

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Thank you.

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Can everyone see that?

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Yes.

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All right.

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So this is a presentation for 2423 South Garnett Street.

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We're seeking an erection of a two-story addition as a part of an existing two-story attached structure for continuous use as a household living single-family dwelling.

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In this presentation, we have the materials, which are the addition of appeal, the project information form, the deed, which is for Frankie Sanguiliano.

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we have the certificate of tax. This is a photo showing the rear of the property, which is where

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the roof, the deck will be attached. The community member notice that was sent,

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the impacted neighbors, as well as a proof of mailing is shown. Here we have the notice of

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refusal for this property. And these are the plans showing where the deck will be erected.

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um on the property it will not cause an undue burden to any of the near neighbors

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in addition we do have letters of support from the near neighbors showing that they are not an

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objection to the erection of the deck and in an rco meeting we also receive support

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at this time i would like to call my client

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Frankie Sanguliano

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Ms. Sanguliano has been allowed to speak

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

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Good morning, could you state your name please

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and spell it

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Frankie Sanguliano

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F-R-A-N-K-I-E-S-A-N-G-I-U-L-I-A-N-O.

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Do you swear for them to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Proceed, counsel.

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Thank you.

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Good morning, Ms. San Giuliano.

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Did you hear my testimony and presentation given here today?

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Yes.

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And do you adopt and agree with the testimony and presentation for the purposes of the variance that we're requesting for your property located at 2423 South Burnett Street?

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yes thank you i'm nothing further questions from the board no mr chairman no mr chairman

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don't miss the chairman questions or comments from the virtual audience

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i see no further hands mr chair planning commission thank you chair bergman this is

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ian hegarty for the philadelphia city planning commission the comprehensive plan recommended

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no change to the existing residential single family at this location. This proposed enlargement

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is minimal and does not conflict with the purpose and spirit of the zoning code. City Planning

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Commission recommends that the board grant the variance. Thank you. MI 2021-004627-2423

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South Garnett Street, I vote yes. Carol Tenere, my vote is yes. Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Ms. Nichols.

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Thank you.

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MI 2021-002-204-2615 East Haggard Street.

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Leo Mulvihill, RCO, Old Richmond Civic Association, Letter of Non-Opposition.

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Chair, this is Tanya.

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Chair, this is Tanya. After this case, may we revisit the second add-on because there

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After this case, may we revisit...

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was supposed to be a proviso with that.

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The second add-on? Okay, sure.

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Yes, thank you, Chair.

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Mr. Mulvihill's hand is not raised. As a matter of fact, I do not see him in the

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virtual audience sir okay all right i'm gonna go back to okay chair

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there was supposed to be a proviso of revised plans one page if you could re-vote that thank you

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that's 2400 east venango right yes chair right mi 2021 005012 2400 east venango i vote yes

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with proviso, revised plans, one page.

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And that's for Ishmael and Tom.

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My vote is yes.

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Thomas Solomon, my vote is yes with proviso.

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Ishmael Shaheed, yes with proviso.

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Thank you.

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Okay, Mr. Mulvihill's not present?

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No, he's not present.

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If you don't mind, Chair, would you move to see a fact?

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We'll find them. Okay, thank you.

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Number 8, MI 2021-002290-2755 Maxwell Street.

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No RCO letter is of yet, and I believe we may have one that came in.

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Jennifer Barzildo, Esquire.

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Ms. Barzildo has been promoted to Panama, sir.

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Thank you.

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give me one second i'm just starting my video sure hi could you state your name and spell for

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the court reporter please sure it's jennifer bezidlow uh b as in boy a as an apple z as in

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zebra y d as in david l as in larry o as in oscar right can you swear to firm to tell the truth the

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whole truth nothing but the truth i do could you identify your client and their relationship to the

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property? Sure. I believe Michael Besenhoff, who is the property owner, is on today, as well as

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George Rosinski, who is the property manager. Sure. Our vice chair has a few questions.

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Sure. Good morning. Do you agree to leave the reading of the refusal and stipulate to its

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accuracy? I do. It appears that you've submitted all of the required documents. Is that correct?

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It's correct. Just wanted to make clear that I just got the RCO letter this morning.

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It's in my presentation and I also forwarded it to all the required parties this morning,

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but I didn't have it on Friday when I submitted my main exhibit packet.

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Thank you. You may proceed. Great. Can I share my screen? Yes.

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all right so like i said my name is jennifer bezidlow i'm here representing michael besinoff

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and his wife victoria who owned 2755 maxwell street um i have submitted a packet give you

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one second so i can rearrange my screen here um that contains uh the refusal

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uh the deed showing that um the best analysis purchase this property from fannie mae

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um we also have proof of tax compliance um so this is just that the property taxes are current

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um and i could not for some reason incorporate the tax certificate the

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tax clearance into my packet as hard as I tried so here it is that was also

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issued and then we have the RCO letter which I'll come back to you from

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Northeast Community Civic Alliance the notification letters that were sent out

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including proof of mailing and all the required addresses that were notified

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slide. This is just an aerial view of the property. We're talking about this property

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right over here. And the photographs of the property. We'll be coming back to these. I'm

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just going to scroll through and get to the plans before I start my presentation. Okay,

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So 2755 Maxwell Street is approximately a 3,263 square foot RSA 3 zone parcel.

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three square foot RSA three zone parcel. It's just off Ashen Road near Northeast Airport.

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It's just off Ashen Road.

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Our proposed use is to continue to use this property as a two-family dwelling. Unit one,

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which you can see the floor plan right here, is an efficiency unit about 650 square feet.

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uh it has a walk out to the main um the driveway area um with no steps up or down and then on the

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two upper floors we have a four bedroom two full bath unit with the floor plans right here

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uh so on the first floor we have main living space a bedroom kitchen bathroom and on the second floor

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we have three additional bedrooms and a full bathroom and the entrance to this prop to this

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unit is on the um they each have their own separate entrances the entrance to the ground floor unit

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is right here through the front door and the entrance to the upper floor units are on the side

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they each have their own entrances the four bedroom two bath unit also has access to both

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the driveway and the garage for parking purposes. And as you can see on the photographs here,

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there is additional space next to the structure for any cars that might be associated with

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the efficiency unit. The owners purchased this property directly from Fannie Mae in

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2019 without prior, without being able to enter the property. It was that kind of purchase

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When they purchased it, the unit was already divided into the two units as proposed,

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and the current owner made some cosmetic updates to the interior.

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I will show you the photographs. This is the ground floor unit, and you can see it has the

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walkout and exit. And then the upper unit, this is the first floor of the upper unit,

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And this is the second floor of the upper unit, pretty standard apartments.

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So the tenant, and just as note, the tenant in the efficiency unit had resided in the property before it was purchased by the current owner.

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And the upper unit is actually used for long-term housing for local homeowners who have had their homes damaged in fires or other sort of natural disasters.

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They tend to stay for a year or two, and they are homeowners from no further than five miles

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away, often closer. So they are responsible tenants because they are homeowners themselves.

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They just are in a situation where they need temporary housing. The housing is managed by a

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professional management company, Dan Housing, who screens all their tenants and is required for any

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sort of maintenance issues. The contact information for that management company was given to the RCO

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and to the neighbor that attended the meeting. Dan Housing operates these sorts of housing

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for displaced homeowners throughout the city, specifically so that they can have

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housing available to keep people in their communities when they are displaced by

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these sorts of accidents. Let me go back and talk about the community meeting. So

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we did receive a letter of opposition from the Northeast Community Civic Alliance. We had a

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meeting that took place on January 26. All the notifications were sent out. However, only one

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person attended the meeting. He was the neighbor from across the street. I guess his concern was,

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he didn't really specify a specific concern other than he just didn't want it.

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I am not aware. The RCO letter speaks of other people who were opposed. I did not receive any contact information or contact from any other opposition, so I'm not exactly sure what their issues were.

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However, I just want to say we are just trying to continue what has already been there and, you know, maintain these homes for people to stay in while they're where their actual homes that they own.

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are being repaired. Uh, if I could just have, um, Michael, um, be allowed to speak so he can adopt

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my testimony. Michael, are you here? Is George here? What's the full name, please? Uh, Michael

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Bessonov or George Rosinski?

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I've got a George R here.

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I've allowed them to speak.

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Okay. George, are you here?

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yes i am george state state your name and spell for the court reporter

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Yes, I am.

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George, state your name.

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george wrzinski george wrzinski r-y-z-i-n-s-k-y right you swear for him to tell the truth the

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whole truth and nothing but the truth yes i do proceed counsel um george can i just ask you

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one question you um your management company was the company that um updated this building correct

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and it was in two units when you first started those updates correct correct okay um and then

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i just wanted to say um you heard my testimony here today and believe it to be truthful and

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accurate correct and you would adopt it as your own yes great questions from the board yes mr

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chairman counselor are there other uh two units on the block uh not that i have seen permitted

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I did check the permits and I did not see it.

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However, this property is uniquely situated for the rest of the block because it has this additional space on the side that allows for extra parking area and also allows for an extra entrance to a second unit.

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Thank you.

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Any other questions from the board?

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Counsel, could you go back to the RCO letter?

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You said one person attended, but I think the letter says five.

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Five.

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So it was the one person who, the one neighbor, hold on, let me just get back to here.

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The one neighbor, my client, the property manager, and two board members were there.

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