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Hearing audio

ZBA Hearing - February 18, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 18, 20264h 37m

you have to establish four things one is non-negligent circumstances prompt filing no

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prejudice and duck, and then some type of either testimony or documentation substantiating that.

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In this case, you're going to hear that a zoning permit was issued in September of 2025 for the

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subject property, 6930 Ardley Street. You are going to hear testimony not only from my client,

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from Richard Kramer, but from other neighbors, including one that owns a house and lives

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directly across the street that the property has never been properly posted with a copy of the

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zoning permit. And I will show you a copy or provision from the zoning code that talks about

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the manner in which permits are supposed to be posted. You're basically supposed to be able to

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review a permit from the sidewalk without having to go onto the property. I'm going to show you

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photographs that show as of today, the only zoning permit is in the window. Other permits are in the

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windows which are a considerable distance in from the sidewalk so essentially this property has never

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been properly posted so effectively in terms of the posting providing constructive notice of the

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issuance of a permit that 30-day period has never commenced so just to interrupt so the way so it

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was unclear when this appeal was filed because it was filed as a nunc protunk not as please

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accept as timely based on constructive notice those are two different grounds we are not having

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a hearing today on constructive notice if that's the ground that it that it's being alleged that

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it's timely then we will need to have a separate hearing because we we have today we have a lot

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of just time for the nunc protunk piece um but if if what's actually being argued is that

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it was filed timely based on constructive notice of the permit, then we need to have a separate

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hearing for that. Well, then that's what it would be because it wasn't until a community group

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meeting with East Mount Airy neighbors on December 15th or 16th, I believe, that my clients finally

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found out about it, that a permit had in fact been issued. And then within 30 days of that,

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that actually on December 26th or 29th, they sent in their appeal, their initial appeal.

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And then I have an email from Ian to my client showing that they accepted the appeal as having been filed on December 29th.

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Okay. All right. So then in that case, we'll need to schedule this because this will be a lengthy hearing if you're bringing on witnesses and that sort of thing.

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And we also want, in fairness to all parties, give them an opportunity to be prepared for a hearing on that basis.

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Yeah, so there was no active or actual or constructive notice outside of the time period that my clients filed their appeal.

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that outside of the time period that my clients filed their appeal okay all right so then we um

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Okay. All right.

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we will get back mr do you have anything to say i agree this this case all depends on actual and

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constructive notice and we were intending to cross-examine the appellant and bring on my own

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client to show either actual or constructive notice how do you think leonard um i think as

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CITY INITIALLY SAID WITH RESPECT TO THE NUNK PROTUNK THE CITY DIDN'T TAKE A POSITION ON THAT

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BECAUSE WE WOULDN'T HAVE WE DIDN'T KNOW WHAT ARGUMENTS THE APPELLENT HAD ABOUT WHETHER

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THERE SHOULD HAVE BEEN A NUNK PROTUNK HEARING GRANTED BY THE SAME TOKEN WE ALSO HAVE NO

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INFORMATION OR BELIEF REGARDING THE DATE OF THE POSTING OF THE PERMIT OR WHETHER IT WAS EVER POSTED

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SO WE ALSO DON'T TAKE ANY POSITION ON THAT THAT'S BETWEEN THE DEVELOPER AND THE APPELLENT

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uh or the applicant and the appellant and we'll just defer to the board's decision on that sure

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yeah mr chair i will say this um we were wavering back and forth of whether or not we're we are

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going to um issue requests for the board to issue a subpoena as to correspondence with the app the

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appellant and neighbors both email correspondence as well as text messaging between the appellant

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AND OTHER PARTIES, WHICH WOULD POTENTIALLY SHOW ACTUAL AND CONSTRUCTIVE NOTICE.

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I DON'T KNOW IF WE'RE GOING TO DO IT, BUT I WOULD BRING IT UP NOW THAT WE MAY DO IT,

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SO I DON'T KNOW WHAT THE BOARD'S POSITION IS.

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BUT UNDER THE PHILADELPHIA HOME CHARTER, RULE CHARTER, THE BOARD DOES HAVE SUBPOENA POWER

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UNDER ARTICLE 2, CHAPTER 4, SECTION 2-401.

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THAT IS CORRECT.

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IF YOU WOULD LIKE TO REQUEST A SUBPOENA FOR WITNESSES OR DOCUMENTS, PLEASE SUBMIT THAT

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to the board as soon as possible and we will be back in touch regarding the hearing date um for

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the issue of um constructive notice i see leonard has something to say here sure i just had a

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question since it seems like we're all on the same page except mr whalen who has his hand up um maybe

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uh with respect to this being rescheduled uh but my question is so if and this came up in the

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Hillcrest case, I think the way that was approached is that that just got rolled into the the case

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itself. I mean, I think you had a preliminary discussion about whether or not the permit was

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properly posted, uh, and had, you know, and then you just, you know, you decided not to go forward

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with the rest of the case. So my question is, it's like, if we're going to come back, do we need to

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prepare to go through the case in chief as well? Or is it just going to be on the preliminary issue?

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i understand the hillcrest case we did the preliminary issue eventually that got reversed

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and it's been remanded back for hearing on the merits but we are only going to we're just the

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the hearing on the preliminary issue is going to be lengthy from what i can tell we're just taking

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one thing at a time the board will likely take that under advisement make a decision and then

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we'll go from there the only thing i would request is for maybe board council to reconsider that

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because i expect either way there will be an appeal lodged of the board's decision and i don't

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want to have a situation where we're talking about procedural um aspects of it gets tied up in the

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courts for like a year or two and we never hear the substantive i rather just have all issues on

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appeal decided at the same time it will help the board as well administratively um if the if the

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problem is if the board decides to dismiss the appeal appeal as being untimely cannot have a

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further hearing on the merits it that's a final decision of the board if the board decides that

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the appeal was timely then we will move to a hearing on the merits and any issues regarding

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timeliness can be raised in the course of further appeals then last point um the the board's taken

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a position that um the parties couldn't waive the issue of milk pro tonk um if the issue uh and you

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we really defer to the board on that that issue if the question now is simply constructive notice

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is that waivable can the party can the part can the i mean i'm not suggesting they would

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but just you know we're going to have a few weeks now is is it waivable at all like could the could

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the city uh for instance for its part could the city waive the issue of constructive notice and

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just say yeah fine we'll agree that they can go forward with the appeal you we can have further

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conversations about this um off the record okay okay okay and and and just real quickly i did

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share the you know the exhibits that i put together you know very quickly um for today

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um and i did share them hillary based upon your direction with the opposing council i would ask

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that they similarly share um their exhibits or else i'll contact the board and secure copies from

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you of course we'll of course share it the exhibit yes there were no exhibits submitted today other

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than yours okay all right so 69 30 ardly street this can

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Okay. Thank you. All right. So 6930 Ardley Street. This case will be continued to March 17th at 930 a.m.

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What was that date? I'm sorry. March 17th at 930 a.m.

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And is there an MI number for this case? I'm sorry.

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There will be at that time. It had not been accepted up to this point, so there was no MI number.

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Okay. Thank you.

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All right. Thank you. Thank you, both of you. Thank you. All right. We're going to number one. MI2025-000-993-4242 West Stiles Street. Evan Shingles is the attorney.

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um there is a um letter of support from the west philadelphia carter collaborative uh there was

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a split in votes relative to um of the rcl

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mr shingles

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Oh, I didn't see a computer stuck in the way. You come in the other way? You come in the other way? She's stuck in the other way.

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Evan Shingles has been promoted to panelists.

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Do we see anyone? Evan Shingles.

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They have been promoted to panelists.

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Thank you very much.

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Evan Shingles, please unmute and turn your camera on.

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Chair, I'm not sure if they are having technical difficulties because I'm seeing the name

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multiple times and i'm promoting all two panelists but no one is coming up

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good morning can you hear me yeah we hear you now sir okay thank you

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could you please state your name is spelled for the stenographer certainly mr singles you're

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going to need to mute your other devices that are not the one that you're speaking into thank you

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okay working on that can you hear me now i can please state your name

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and spell for the stenographer oh boy can you hear me now i i can hear you now right i can't hear a

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thing okay doing feedback all right so mr shingles what we're gonna do we're gonna come back to you

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i'm sorry yeah we're gonna you can't hear us so i can hear you oh we're gonna come back to you

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are you are you ready to go now i'm ready to go absolutely all right sure so could you please

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state your name and spell for the stenographer certainly good morning chairman and everybody

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my name is evan shingles i'm the attorney for 4639 westminster llc and that's owned by my client

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malcolm richards could you spell your name for this stenographer s-h-i-n-g-l-e-s do you swear

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or affirm to tell the truth the whole truth and nothing but the truth most certainly okay our our

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vice chair has a few questions good morning have you submitted your documents and exhibits five

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days in advance of this hearing good morning I believe that my client submitted almost all of

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his documents timely we received two letters of support a little bit late I believe those

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been submitted within the past couple of days and additionally there was a tax clearance

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certificate and then I instructed my client to upload that as soon as he got it which was

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yesterday i believe he uploaded proof of payment as well okay all right and do you waive the reading

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of the refusal and stipulate to its accuracy yes okay thank you can proceed with your case

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for sharing your screen okay thank you so much uh very simply we're seeking a variance from a

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single family household to a two-family household um my client malcolm richards grew up in this

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very same neighborhood. He's not a developer. He's not a suburbanite. He's not from New York

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or Washington. He's from the neighborhood. And he was born and bred here. He purchased

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the property on November 10th, 2023. He walked past it all the time. He saw it was a blight

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he saw it was a blade on his neighborhood and he thought he could fix it up and

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on his neighborhood. And he thought he could fix it up.

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so quite nicely for the neighborhood um he'll be ready why don't you start sharing your documents

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so that way you could eventually get the photos and plans and we'll be able to see you got it

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we have all your we have all your plans i mean we have everything you sent in so okay

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so i just need to share my docs yeah right and mr shingles just to clarify um your client who

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referenced mr richards he is part of the entity that owns the property 4639 westminster llc yes

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he's the sole owner of that okay thank you okay

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and i have a full list of my exhibits um and i'm hoping you can see them on my screen

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um yeah um

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could you could you that's it that's better yep so we have all your we have all your exhibits okay

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would you like me to continue so i i think what you need to do now is show your photos

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and your plans for the building okay let me show you the building as it exists

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the shell that my client purchased and here are these photos right here and if you just let me

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at the beginning, here we go.

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So these are interior photos of 4242 West Stiles.

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And you can see it as its present condition.

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And moving up to the construction plans, that would be Exhibit 8, okay.

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And here are my clients' construction plans.

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first we have to make the property safe

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we have included argument so so that's your plans right these are the plans yes sir yeah so

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you might want to blow them up a little bit and maybe turn it can you turn it

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turn it well that's good so we'll take a look at what your plan you got it let me start

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why don't you tell us what you think the plans look like here

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okay so this is obviously the overlay showing the entirety of the property

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and these are the separate floors

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this is the first floor plan in the middle now is the second floor plan

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the plan is for two units one on each floor of the property

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how many floors in the property two

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two

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i believe there are three floors yes it's one of these i i thought there

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were i thought you originally showed three council

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coming is this this one yeah hey can you can you turn your screen can you turn your documents that

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yeah let me try to do that let's try that that's better yeah that's it

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yeah you can barely read it but it says first floor second floor third floor my apologies

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three floors two units three floors so so is the first unit on the first floor and then the

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second units on the second and third uh i believe my my client can speak to that

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malcolm

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do you want to bring your client on so he can talk i would like to could he be included please

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his name is melvin

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his name is melvin malcolm malcolm please malcolm richards is being promoted to panelists thank you

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malcolm

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good morning everyone good morning sir could you please state your name and spell for the

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sonographer yes um i am malcolm richards m-a-l-c-o-l-m-r-i-c-h-a-r-d-s do you swear

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referring to tell the truth the whole truth and nothing but the truth i swear counsel you want to

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start your um welcome you heard the question about how construction is split on the property

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could you kindly speak to that we understand floors sure yes uh this is a uh three store pro

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a three-story property it has three floors in it including a basement

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well you you might want to talk about where where the apartments are going right i mean

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you got two three floors two apartments okay sorry uh so yes i'm going to be sorry okay yeah

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um the first floor in the basement will be one unit and then the second floor and third floor

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will also be one unit so yeah I'm looking to put two units in the building so so here's the question

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do we have plans for the basement no no plans just the laundry is going to be in the basement

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I'll say there's no living space in the basement you're saying no no the apartment is basically on

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the first floor the tenant will have access to the basement they can store things there they can okay

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but the things that they like to do okay all right um questions from the board

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kind of hard to comment without without without plans

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i'm sorry oh no i was just asking about the trash for each tenant trash storage uh trash

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would be managed by uh by trash cans that i plan to put at the property and make sure that

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them there um i live around the corner so any trash that you know i'll be sure to make sure that

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trash is taken out through the process of buying it uh i've been even making sure that my neighbor's

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trash is okay uh she's been having issues with getting her trash out so you know i've been

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helping and i'm always on hand to make it happen so when you say storage you store it on the side

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of the building the back of the building on the front porch a day before night before trash day

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Nothing, nothing all over the streets, nothing touching my neighbor's house, anything like that.

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Will you have any storage space in the basement?

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There will be storage space for the tenant that occupies the first floor, but it won't be storage space for trash.

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No. I personally feel like most duplexes and triplexes don't really hold trash inside.

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their units and people take their trash out day before trash day yeah but putting it stored it

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on uh storing it on a porch you know and when you have like so many residents there might be an issue

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um my other question is um do you know of any other duplexes on the block yes there are two

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triplexes across the street from me there's uh also two more duplexes on the block

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if you'll permit me malcolm will there be storage space in the basement for trash as opposed to

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keeping it outside on the porch um i could i could certainly make arrangements for that

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that sounds like a great idea so that's what we'll do okay respectfully yes please the zba

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absolutely um my client is also intent on let me let me let me do let's get straight any other

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questions is there any plan that shows the layout for the basement

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