civus
Hearing audio

ZBA Hearing - January 21, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 21, 20266h 17m

North Delaware Avenue is on the left-hand side. You come in from North Delaware on this main

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entrance. There's an existing small office. This office, the entire office space is about 11 by

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28 and a half. So we're talking about a very small area. There's a reception waiting room

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here, a powder room, and then stairs that go upstairs. And on the second floor, you come up

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the stairs and there's just one larger open office space so again you walk in here's the waiting area

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here's the first floor office and here's the larger second floor office

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now what what this is Perez therapy he took possession of the property and this portion

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of the property one day before the city closed down for covid couldn't possibly have been worse

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timing for anybody but he provides psychotherapy services there are no medicine there's no medicine

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or prescriptions on site there's no prescriptions written from the site he started as a solo

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practitioner and has now grown the practice to 14 therapists almost all of their appointments are

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online via zoom or you know teams or however they do it and he averages that basically only by

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request of the patient does anyone come in and have a have an appointment in the office so he

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said approximately um felix perez is online and i'll have him come on just a second um he said

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that on average each therapist uses the site the property one time per week so you know the the

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office is open 9 a.m to 8 p.m monday through friday and as needed 11 a.m to 3 p.m on saturday and

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sunday that was also presented to the community and they were perfectly fine with that i would

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note the community vote was actually 37 to 0 in favor so they were resoundingly excited to keep

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this going again the uh the commercial use of this property dates back to at least 2007 that

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was as far back as we could figure out again just this rear portion um and so what happened is mr

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perez self-reported here he you know had ran his solo psychotherapy practice he thought that he was

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fine to increase the number of therapists that were working out of here. Again,

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once a week for an hour appointment here and there. And he determined as he was going forward

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and looking at things that he thought he needed additional zoning or heightened zoning relief in

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order to practice with multiple psychotherapists. That is in fact the case. That's why we're here

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today so he self-reported this that was a huge factor in his favor with the community frankly

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was that there's no violation here no issues you will see there's no new construction being

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presented here we're simply seeking to have to basically legalize the existing commercial space

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on the first floor and the second floor in this small area with you know multiple therapists

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being able to access and use the property again with no uh no medication stored on site or

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prescribed or used at the site you want to bring your client on yes uh mr perez

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you didn't tell me he had signed on

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do you see a felix perez

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mr perez yes chair this is ian haggerty i see felix in the audience he's very good thank you

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I see him.

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Felix, could you unmute, please?

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Yes.

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Hello.

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Hi.

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Sorry.

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How are you, sir?

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Could you please state your name and spell it for the stenographer?

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Sure.

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Felix Perez, F-E-L-I-X, P-E-R-E-Z.

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P-E-R-E-Z.

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Right.

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Right.

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Do you swear or affirm to tell the truth to...

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

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Yes, I do.

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Please proceed, counsel.

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Thank you very much.

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Mr. Perez, you are the Perez of Perez Therapy, correct?

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Yes, I am.

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And you have been in that site since March of 2020?

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Yes.

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And did you hear all of the testimony that I already presented today?

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Yes, I did.

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and do you believe it to be true and correct to the best of your knowledge information and belief

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yes thank you and would you adopt that testimony as your own yes thank you questions from the board

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questions from our attorney hillary emerson the was the sign um previously approved

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there is a there is an approval commercial approval for the sign dating back to 2007

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okay in the zoning archive okay um so Perez therapy does have a sign there all he did was

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replace the existing right right yeah I just I didn't see it in the history that was on the

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refusal so thank you your questions or comments from the virtual audience

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okay thank you planning commission Amy Boyd with the planning commission the comprehensive plan

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recommends no change in zoning from the current RSA 5 residential single family the property has

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a documented history of commercial and other non-residential uses the proposal is in harmony

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with the mixed-use nature of delaware avenue at the rear where the use is proposed the planning

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commission recommends that the board grant their requested variance for group medical and ground

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floor use thank you mi2025-005-421-112 east allen street i vote yes

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michael johns my vote is yes tenetta graham my vote is yes brian mcadams my vote is yes i

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a win my vote is yes thank you counsel thank you very much everybody have a good evening all right

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number nine mi2025-005-414-2550 east mama street verna anastasio is the attorney

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mr anastasia is coming back in as a panelist thank you

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afternoon mr chair good afternoon council could you please state your name um and you've already

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been sworn yep verne anastasio on behalf of uh mr uh bo rosario okay our um i noticed there's

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a letter of support from south port richmond civic and also a letter of non-opposition from

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council member squiller our vice chair has just a few questions thank you good afternoon

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have you submitted your documents and exhibits five days in advance of this hearing i have

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and do you waive the reading of the refusal and stipulate to its accuracy i do okay thank you

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you can share your screen and proceed with your case thank you i hesitate to say this but it's

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fairly straightforward uh this application 2550 east monmouth uh and we are here because uh the

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The application is for use in the garage of the property.

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They want to do just general office work that supports their video production and post-production work that they do now.

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And that's why we're here.

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The property is zoned RSA 5.

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However, there have been a long history of commercial uses as the refusal sort of indicates

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and as does the history of the property.

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And with that, I'm going to show you some layout.

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here is the floor plan of the garage existing condition

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we've got a break break room video village here there's a meeting room and open production space

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for their filming.

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And let's show you some photos.

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You can see this is the front and that's the rear.

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This is what it looks like right now.

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There's the garage back.

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There's the garage back there.

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They just want to have office space back there.

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It's proof of posting is the letter that went out to all the neighbors.

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We had a meeting on December 10th, New Kensington, CDC, South, South Port Richmond and Port Richmond

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on patrol. 172 individual households were mailed. It was very well attended. And as a result, we

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got a letter of support and Councilman Squilla's office also sent a letter of non-opposition

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supporting the community. With that, I'd like to call Mr. Bo Rosario, who is the creative director

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of philomedia sir rosario is coming back in as a panelist thank you very much

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hi mr rosario could you please state your name is spelled for the stenographer

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sure beau rosario b-e-a-u rosario r-o-s-a-r-i-o do you swear or affirm to tell the truth the

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whole truth is nothing but the truth yes i do counsel bo did you hear my presentation to the

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board uh this afternoon yes it's true and accurate to the best of your knowledge yes uh do you

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adopt it as your own testimony yes i do anything to add both no very well questions from the board

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questions or comments from our attorney hillary emerson

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I just wanted to note, I don't know if it's not clear from what's been approved previously at this property, but because this is an RSA 5 property, there may be refusals missing for multiple principal uses and possibly multiple principal buildings because there's another kind of principal use in another structure in the property.

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So I just wanted to note that for the record, that if this is approved by the board, any missing refusals would be approved as well. Thank you.

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All right. Questions or comments from the virtual audience for the audience here?

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There are no hands in the virtual audience, Chair.

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Thank you. Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change of zoning at this location from the current RSA 5 residential single family.

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the proposed use will not injure the use of adjoining properties and the property has a

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history of mixed use the planning commission recommends that the board grant their requested

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variance for business and professional office thank you mi 2025-005-414-2550 east mom the

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street i vote yes michael johns my vote is yes tenetta graham my vote is yes ryan mcadams my

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vote is yes hi i win my vote is yes thank you um mr anastasio number 10 mi 2025 005 415 2627

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east lee high avenue just for the record state your name vern anastasio on behalf of adam bachman

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all right and there's a letter of non-opposition from council member squilla

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um and the councilman's letter says that the rco is in support yeah uh and the count the

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uh the rco should have also sent a letter um i think i did i sent their letter yeah i don't

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know that we have one we we didn't get one i don't think all right um our vice chair has a

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few questions hi uh good afternoon the uh have you submitted your documents and exhibits five

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days in advance of this hearing yes ma'am and do you waive the reading of the refusal and stipulate

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to its accuracy i do okay thank you you can begin with your case thank you 2627 lehigh is uh the

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application is for sandwich shop uh which technically i suppose it falls under takeout

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restaurant it is zoned cmx one so in order to uh have this level of commercial we we do need a

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a variance so but this is a long-standing commercial property and we'll show you

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what we have as far as plans are concerned

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This is the property, as you can see, this is the side elevation, and here's the interior layout.

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this is the property as you can see on uh this is the

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That's a plot plan.

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As you can see, it's East Lehigh and East Thompson Street.

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and here's the layout I was talking about

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so ostensibly it's going to be a

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cheesesteaks hoagies

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you have a waiting area you have a kitchen this is the section that we'll be using right here

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where my cursor is and let me show you some photos

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There's a lot of work that needs to be done on this property.

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Directly across the street there's a bar on the corner, on the other corner there's

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another commercial space and this is the section here this is the residential

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portion but this is the commercial stuff on the on the left-hand side which is

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This is what we're seeking the variance for.

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There's proof of posting.

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And this is what we are proposing, the rendering.

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There's some interior proposed look and the entire property will get an upgrade also with

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lighting multiple days a week trash pickup.

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We had our meeting, and this is our proof from our flyer with support.

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There's the letter from Old Richmond.

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Offer a stance of support for the proposed project.

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134 households were mailed.

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As I said, there'll be commercial trash pickup multiple times a week.

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It'll be 11A to 11P Sunday through Saturday with five employees per shift.

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With that, I'd like to get Mr. Adam Bachman to raise his virtual hand

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and call him to the stand.

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Mr. Bachman, is this just one floor you're using?

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That's it, right here.

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And what's the second floor?

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That's all commercial, I'm sorry, residential.

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Okay.

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no basement use uh mr bachman can speak to that i think it's probably storage if

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if we are using it mr bachman could you unmute please

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also just for clarity this permit does not include any of the signage that we're looking at

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absolutely not mr bachman could you please state your name and spell for the stenographer

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Adam Bachman, A-D-A-N-B-A-C-H-M-A-N-N.

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

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I do.

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Counsel?

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Thank you. Mr. Bachman, did you hear my presentation to the board?

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Yes.

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True and accurate to the best of your knowledge?

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Yes.

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And you adopt it as your own testimony?

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Yes.

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Do you have access? Will this cheesesteak and pizza company have access to the basement?

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Yes.

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And it'll be used for storage?

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storage and preparation yes yep thank you questions from the board yeah vern can you

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pull up the floor plans again sure um i think just trying to understand how the the pizza shop

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situates in relation to the residential units of course understanding that they're not part of this

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permit um how are tenants getting to that second floor above the pizza shop yeah there are doors

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Yeah, there are doors on Thompson, but Mr. Bachman could speak to it a little bit more.

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on Thompson, but Mr. Bachman could speak to it a little bit more. Go ahead.

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Go ahead.

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Hello.

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So the unit right next to the restaurant, I'm keeping that unit for my family.

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So there won't be a tenant in there.

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But there is access to that unit.

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Everything has its own separate entrance on the side street there.

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But the unit that goes above the restaurant will be my unit.

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And then the unit right next door will be rented.

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Got it.

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okay so i'm entering the first door on thompson street and then the unit sort of turns like so

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that the the stairwell that we're looking at that says second floor plan that's kind of like in the

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