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Hearing audio

ZBA Hearing - January 21, 2026

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

child daycare center in the neighborhood is beneficial for the community their biggest

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concern that they put in the mail is uh three things one being the trash um which i don't

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supposed to be an issue. The reason why because in a commercial daycare center, I would be hiring a

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janitorial service to come in daily to remove trash. There is a basement where the trash can

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be stored for the during the day. And then it would be a responsibility of the commercial

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janitorial service to at the end of each day to remove the trash daily. So there is no

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smell they were the neighbors were concerned about the odor the number two issue was concern

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about the noise this being a child daycare center but I would like to say that the backyard would

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be used uh for children to be outside but uh each classroom would be taking turns they would not be

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outside all at once one because the size of the backyard itself wouldn't allow it in the first

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place so uh each classroom would be taking turns so there would be uh not a lot of children

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um outside at once and also the operating hours of the child daycare center um that i'm proposing

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are at 7 30 a.m to 6 p.m uh so that means that uh you know uh people neighbors getting home from work

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would not be um um receiving um not being exposed to a lot of noise so so i get i guess

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a logical question would be this is the middle of a residential neighborhood yes and you're putting

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14 child care in and out right I mean I don't you think that would upset the neighbors a little bit

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or maybe I'm wrong I mean there's no there's not any commercial there's no businesses in your

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I mean, there's not any commercial, there's no businesses in your neighborhood, right?

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I mean, they're all residential homes, right?

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They are all residential homes.

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That is correct.

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But there are businesses within walking distance.

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So, and I think it would be a great addition to have a daycare center within a walking distance for the neighbors to actually use.

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um and it will create you know it's an educational purpose um so i have you run have you run daycare

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centers before yes so i do have if you would like to see i do have a degree in early childhood

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education i have over 15 years of experience in early childhood education and i did own and run

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a daycare center in Langford um okay um so questions from the board i i have a question

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so you you said that you you used the property previously as a rental unit

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that's correct is there a particular hardship as to why you want to change now to a commercial um

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use yes yes so I had one tenant and I had to evict the tenant and through the

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City Hall and eviction took over eight months and besides eviction taking over

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eight months the tenant does all over $27,000 in rent and to your

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knowledge um was the feedback from the rco meeting did did they have did the residents uh nearby have

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any issues with you having it as a rental property uh no thank you all right any other questions

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and actually one of the so the signatures that i did um uh collect um one of the neighbors is

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actually next to her neighbor so I am in 485 the neighbor who signed one of the neighbors who signed

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is in 481 okay okay so you mentioned as part of this well you're talking about 14 kids what is the

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age range no no i'm talking about so um a group home would be a 14 children this is actually more

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than 14 children uh okay yes okay but what is the age so the ages are uh from one uh to five

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to four so it's a one to two year old classroom two to three year old classroom three to four

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year old classroom and four to five year old classroom a total of four classrooms uh ages from

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one to five okay more than 14 children yeah so yeah yeah oh yeah it's 14 plus what's the max

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number of kids that you're hoping to have on site so these are preliminary plans from an art these

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are preliminary drawings from an architect and engineer uh the true capacity is determined by

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Department of Human Services when they come out and remeasure. I understand that. So where are you

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planning to put the younger children? So the younger children would be upstairs. You're going

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to put them upstairs. So you do know that for younger children that are, there's classifications

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of occupation of a property for these kind of purposes. And so if you're going to have those

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children up on the higher floor, and they are not considered to be capable of self-preservation,

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there's a problem. Okay. So where are you going to have the means of ingress and egress for these

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children in case there's some sort of fire uh so um uh there is um maximum distance of travel for

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the evacuation there is a way to evacuate the building and there is nearby uh in walking

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distance uh church uh that has um no no no no no what i mean is you have these young children

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on the second floor, if there's a fire, how do they get out of this doggone property?

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Okay, so this drawing right here shows the evacuation.

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Okay, so they have to come down the steps.

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They would have to come down the steps, correct.

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But if they can't come down the steps, you have to have some other means of egress if you're going to have these young children on the second floor.

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But it is possible.

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And what if they can't come down the steps?

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You have to have to.

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Right. So if that is not possible, you know, we can always change for the younger children to be on the lower floor.

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that is not a problem so we can modify it and for the older to be upstairs and for the younger to be

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downstairs so you do understand that for fire purposes in a center like this you're going to

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need to have a hardwired smoke detection system you're going to need to have the um uh fire alarm

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which has the strobes and the lighting you're going to have to have panic bars yeah the doors

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There will be, yes, access to the outside.

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And if you're going to have the young children on the lower floor, then you still may have to have some extra exits because, again, there are additional requirements for children who are not considered to be capable of self-preservation.

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So you may end up having to do some other doors to make sure that there is an exit route for those children.

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Right. So the lower level has two exits.

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You can't. No, I'm not talking about the lower. You mean a basement?

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No, no, no, no, not a basement. The first floor.

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First floor, right. Without having to use the stairs. There are, on the first level, there are two exits, one over here and one over here that does not require.

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and what we have done my experience from a prior daycare center what we have done

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in case of evacuation and when we practiced fire drills because that's

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part of the requirements is to practice fire drills what we have done with the

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younger children is we used one of the, I'm sorry, I'm a little nervous, cribs that has

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wheels. We put the younger toddlers inside of the crib on the wheels and we wheel them

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out during the fire drill okay that's one of the things that the staff members knows how to do and

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that's what we did with the um daycare center that we private that i previously had in lancorn

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and how many staff members are you planning to have so uh according to the uh department of

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Human Services based on the classroom size and age of the children, that's the

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ratio, teacher-child ratio depends on that, but if it's children three to five

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years old, it is one staff member to ten children, and if it is one to two-year

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olds it's one for five children and two to three-year-olds is one staff member to six children

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so i am uh not expecting for this to have more than four staff members okay okay um questions

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from our attorney hillary emerson not at this time mr chair questions from the virtual audience or

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come on up sir you want to testify right yeah sure

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Could you turn the microphone on too, if you would? Oh, good. Thank you.

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And get it real nice and close to you. So could you could you could you state your name and spell it for the court stenographer? My name is Mujeeb Chaudhly. M-U-J-E-E-B.

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Last name is C-H-A-U-D-H-A-R-Y.

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right do you swear or affirm the mic please

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all right do you swear or affirm to tell the truth the whole truth nothing but truth

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come back to the mic yes i do okay uh are you i'm sorry chair pardon me i i did not get the

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gentleman's name okay we'll do it over again do me a favor state your name again and spell

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My name is Mujib Chaudhly, M-U-J-E-Edward, E-Edward, B-Boy, last name is C-H-A-U-D like devil, H like Harry, A-R-Y.

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Thank you. And I already swore you in, right?

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Thank you.

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Yes. I do.

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I think so. All right. I did ask the question. All right. Thank you. Are you a neighbor?

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I'm a next door neighbor.

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Okay. Could you give us your testimony and what you think of this project?

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Okay. This is next door for me on my right side.

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and all the neighborhood which I know of, or who I met, they strongly oppose it.

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The reason behind that is it is a residential area, not a commercial area.

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There are 18 houses on each side, and that's all the whole street.

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There could be only six or seven kids in the whole neighborhood.

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That doesn't make any sense for us to have to go into that direction.

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Secondly, on that street, there is one house, everybody has two or three cars.

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So there are two cars in front of each house.

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If the 14 kids are coming, moms are dropping, running on the street and running on the port

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ask this is a dangerous situation in a small area thirdly the problem is in the whole block they

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technically went to that meeting and 37 to 3 it was rejected so i don't see any further which

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look into that the whole neighborhood oppose it only three people support it okay there's something

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is wrong there secondly her backyard and my backyard are on the same back side right so

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the kids are going to go out is my privacy will be gone well it is a small backyard that we

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always say. Liability issue because the traffic now only six people pass by on

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the footpath in the whole day. Imagine after these 14 kids, parents dropping off,

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picking it up, it will be more liability even on the footpath for all those

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houses. If they want to serve it we have a place which is only half a block away

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from that house is the church. They have all this facility there for the children.

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One and a half block on Busselton Avenue, it was the old Rytale Pharmacy, they made a

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big giant place over there. So these, I am living there for 43 years. It's a calm,

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quiet neighborhood. And because I know her parents, when they were living the

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passed away she she has taken over the property they should come and live there or sell it

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because this is going to be nuisance for the whole block of 38 people lastly

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those buildings are made for private use for the people who live in not for commercial use one

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bathroom here one down there 14 kids teachers where they're going to park

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their car because there are only two spots in front of every house lastly I

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don't want to waste more time on this whole thing that

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I will stop here but I know the whole neighborhood because we live in the same

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place they all pose it all right so i will humbly request you all right um thank you very much for

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your testimony and thank you for spending so much time here today we appreciate you staying here

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okay is there anyone else in the audience there are no hands in the virtual audience chair planning

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madison matera planning commission staff the comprehensive plan recommends no change from

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the existing rsd3 residential single-family detached zoning at this location there are

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no unique physical conditions or circumstances of this property that would prevent it from being

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used in conformance with the zoning code, the Planning Commission recommends the board deny

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the requested variance for Child Care Center. Thank you. MI 2025-004-399-485 Pinewood Road,

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I vote no. Michael Johns, my vote is no. Cheryl Gaston, my vote is no. Tanetta Graham, my vote

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is no. Ann McAdams, my vote is no. Taya Nguyen, my vote is no. Thank you, everybody.

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mcadams my vote is no tie a win my vote is no thank you everybody thank you all right number

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three mi 2025 004 400 48 11 king sessing avenue henry clinton is the attorney there's a letter of

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support from southwest philadelphia district services 13 in support one in opposition a letter

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of strong support from neighbors Miranda Weinberg and Jeff Goffner.

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Mr. Clinton.

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Good evening, Mr. Chairman.

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Mr. Clinton, sorry you're here so late.

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

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Sure. My name is Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-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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But do you identify your clients in the relationship to this property?

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Sure. I have two clients, Patricia Irwin, IRWIN, and Mary Taylor, T-A-Y-L-O-R. They're both on the call, and they're both owners of the property.

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And our vice chair has just a few questions for you, sir.

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Good evening, counsel. Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes, I have, Ms. Wynn.

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And do you waive the reading of the refusals and stipulate to their accuracy?

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Sorry. Yes, Ms. Graham, I have.

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okay thank you uh proceed with your case please thank you thank you

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is that visible mr chairman it is sir uh good evening everyone again henry clinton on behalf

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of the homeowners uh 4811 king sessing avenue uh this is a request for a rear edition on the home

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one-story addition to replace an existing open-air deck and extend maybe out four feet or so from

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where the deck's footprint is right now. This is my presentation package containing exhibits AA

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through A10, which I ASP admitted. I've included an entry of appearance because I got involved in

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the case a little bit later. Here's a refusal. It's an RSA3 zoning district, single family,

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with the breezeway in between two refusals. One is a required side yard. You'll see that the entire

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side yard right now is three feet, eight inches, even though eight feet is required. We're not

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really changing that in the rear of the property. Where we are changing is we are increasing the

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occupied area of the lot so that the 50% allowed open space has been reduced by 14%.

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If I walk through the plans, I can show you that via pictures.

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This is the letter of support.

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Chairman recommended.

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We did have unanimous support from the community.

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There was one member of the committee that was against, but pretty much solid support from the neighborhood.

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This is a letter that the chairman referenced early on, the support photographs.

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This is the property.

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We're looking north.

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This is King Sessing Avenue.

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shorter a closer view here's the breezeway in between every other house it's currently three

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feet eight inches even though the zoning requires eight feet this is a view looking from the other

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direction this is the home where my cursor is right now and this is the breezeway in between

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this is the rear yard so I think the bottom photograph is more instructive so

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here's the breezeway between the homes this is the existing rear deck which

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projects out about 10 feet the proposal is remove the deck and extend out four

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additional feet to put a one-story addition on so that my client one of my

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clients can maintain single-story living and or age in place in this property

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which they purchased about two years ago again just some more views for perspective this house

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next door has a screened in porch there's a wooden fence in between this is the posting of the

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property here's the plan so the plan is basically the same top and bottom here but this is a one

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inch scale so we'll use this one we have a porch in our front living dining room kitchen and then

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there's a a bathroom full bathroom here and the idea is to take the deck extend it out four feet

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and make it into a bedroom so again the existing floor plan is here as i mentioned earlier the

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deck comes out about 10 feet and the idea is to extend the deck and really the addition four more

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feet we're not enlarging or increasing the width we're staying in line actually we're a little bit

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inside the existing framework of the building that's why i mentioned that the three foot eight

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inside the existing framework of the building that's why I mentioned that the three foot

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eight inch setback we're just maintaining a non-conforming use of the main part of the

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property with this addition uh this is the rear elevation what it will look like it's going to

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be stuck on the outside side elevation here's the addition the steps will will come along

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