civus
Hearing video

ZBA Hearing - August 7, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 7, 20246h 50m

You can go right through these.

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Has he already put the sunroom?

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Is the sunroom already up or you're putting it up?

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No, it's not up yet.

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Okay, so show us the drawings of what you're going to do.

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Okay, there's a drawing.

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Okay, so this drawing, tell me, give me an idea where we are here.

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So the house has an existing deck on the back.

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So the house has an existing deck on the back.

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And so this is an application to enclose that deck with this cup, that patio enclosure that does this for business.

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Okay.

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All right.

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And could you show us, okay, could you show me the pictures?

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Do you have pictures of the back?

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Yes.

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Why don't you show me the photos?

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That's from the back of the house

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looking to the back of the property.

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And then what you're going to do is you're going to put an

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enclosure on top of this? Yes, correct. And how much

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room will you have left on the deck after you put the enclosure?

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We're going to enclose the entire deck. The entire deck you'll

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enclose. And it'll go right to the edge of here?

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Correct. Okay.

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All right. OK. All right. And did you go to that? You went to the art. You went to the RCO, the Roxborough Civic Association, and they agreed with you and they had no objections at all.

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Right. There was over 27 people. OK. All right. All right. Thank you. All right. Questions from the board.

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Questions or comments from our attorney, Hillary Emerson?

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Just briefly, Mr. Chair, I wanted to clarify.

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I believe there were revised plans in this matter, which requested a slightly larger deck than what was already there.

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Could you explain that?

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Are you rebuilding the deck, too?

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No.

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Well, we're not rebuilding the deck.

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We're just enclosing it.

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But what she's referring to is instead of having that little L there, it would just square it off.

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Oh, I see. So in other words, right there.

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So instead of having that, where the steps are, you're going to come out?

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Correct. Correct.

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All right. Okay.

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I see. Okay.

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Thank you for clarifying.

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Just, I will ask if the board approves, if you can please resubmit your revised plans because they did not include the measurement showing that you did not have the required rear yard.

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It was missing from the plan.

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So, Ellen, I would probably flag that.

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So, if you can, on your revised plans.

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Make sure we get a copy of the revised plans.

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Is that okay?

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Right.

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That show the measurement showing where you need the variance.

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So.

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Thank you.

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Okay, thank you.

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Questions or comments from the virtual audience?

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There are no hands.

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Planning Commission.

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Thank you, Chairman, and good evening, David Fecto with the City Planning Commission.

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You're back, David.

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I'm back, bookending the day.

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So, Chairman and Board members, the comprehensive plan recommends no change to the RSD-3 residential single-family detached zoning at this location.

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the proposed sunroom would bring the property's rear yard depth out of compliance with the

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dimensional requirement in the zoning code. The proposed variance for rear yard depth would not

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injure the use of adjacent property, and so the City Planning Commission recommends that the

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board grant the dimensional variance for rear yard depth. MI 2024-001-628-5502,

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Horton Street

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Hillary should I say proviso

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revised plan

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yes the revised plans one page

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yes

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5502 Horton Street I vote yes

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with proviso revised plans

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one page

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stamped by ZBA

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on August 7th 2024

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stamped by ZBA

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on August 7th

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2024

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Michael John my vote is yes with proviso

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yes

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My vote is yes with Proviso.

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My vote is yes with Proviso.

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My vote is yes with Proviso.

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Ishmael Shaheed, my vote is yes with Proviso.

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Mr. Prez, you have your votes

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They have their votes, thank you

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Alright, so we're going to hear

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5 and 6 together

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Ishmael will

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recuse himself from this

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MI 2024

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001 567

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2328

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Cyberstreet

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Joseph Consul is the attorney and MI 2024-001-568-2338 Cyber Street.

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Joseph Consul is the

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Attorney

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and MI

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Joseph Consul is also the attorney.

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There is a letter of support from Brewery Town-Chargewood Community Civic Association for both projects.

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A development agreement is also attached.

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Mr. Consul.

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Good evening.

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I'm going to get in there, Mr. Consul.

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you've already been sworn

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could you identify your client a relationship

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to the property? My client is

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Chivetta Property Group

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and Mr. Michael Tomasetti

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is available to

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adopt my testimony. He's agreed to

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the accuracy of the

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hold on a minute here

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is this

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do you read to the accuracy

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of the

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hold on

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Is this a variance or?

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These are variances, yes.

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Yeah. Do you agree to the accuracy of the variance request?

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Yes. The refusals are accurate.

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Okay. All right. And have you had all your paperwork in within five days?

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Yes.

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All right. Please proceed.

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Okay. I'm here on 2338 and 2328 Seabert Street.

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These applications are for the building of single-family homes.

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The applications are the result of two subdivision plans to divide two larger lots into two smaller

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lots to be built as single-family homes.

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My client is Chivetta Property Group.

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Chivetta Property Group is under a development agreement with the Philadelphia Redevelopment

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Authority, sorry, the Philadelphia Housing Authority.

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this agreement is part of Philadelphia's Turn the Key program, which develops affordable

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workforce housing for Philadelphians. As part of that agreement, they took on a large number

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of lots to develop. These two lots are to be developed as single family homes. What I think

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is important about these properties is they're going to be subdivided. For example, 2328 is

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currently an undeveloped lot. The two variants requests that we have are, the two refusals that

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we have are for square footage and for how wide the resulting lots will be. What's important about

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the resulting lots is they will match identically to all of the other single-family homes on the

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block. So we've got an 800 square foot lot that results, sorry, the resulting two lots are each

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840 square feet. Those two lots are as big as every other single-family home that exists on

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this block. The 14-foot wide variance, as opposed to the 16-foot required, is exactly the same width

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that exists on all of the other single-family homes on the block. And I'll go through the

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pictures in a second, but for 2338 Seabrook Street, that property already exists as a single-family

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home with a lot next to it. That lot is going to be separated off. And again, the resulting lot

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will be 840 square feet identical to every other single family home on the block and 14 foot wide

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identical to every other single family home on the block. Also important to note is we view these as

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a type of down zoning. These properties are all zoned or both zoned RM1. So while the resulting

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lots could be several units we're seeking single-family homes to be built on these properties

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as per the development agreement with the city so focusing first on 2328 there's the two refusals

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for lot size and for lot width our application for appeal our proof of mailing

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our project information form and we've got photos showing the lots

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as they exist now uh this kind of gives you an idea of of where the properties will be built

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um but i assure you in checking in atlas that we we've um got a sufficient size we're not going

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any higher than two stories on these properties they'll each be three bedroom two bathroom homes

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as indicated on these plans

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that were submitted

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which shows both

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the size of the resulting lots

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and

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the dimensions

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sorry

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cursor's in the way

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there's the top down

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you can kind of get an idea

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and kind of get an idea of what the two lots look like now and how they'll be chopped up.

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of what the two lots look like now

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and how they'll be

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We included the redevelopment authority agreement with the city, which includes a list of the properties that my client's developing with the city.

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Now for two, actually we'll go over the RCO meeting form.

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We had a meeting with the RCO. We got their support.

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The community supported us overwhelmingly.

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nine one in opposition and then the zoning committee itself supported us in full in full

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support with the two abstaining regarding two three three eight require the variances for the

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same thing as i expressed to build a single family home on an 840 square foot lot as you'll see in

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the pictures that i will show in a second the two three three eight has already been built

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As you can see there, and we're seeking to divide it with the lot next to it and build a single family home on that lot.

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Again, you can see a top, actually, this is a better view.

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You can see where the new single family home will go here between those two properties.

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Again, it's exactly the same size as all the other properties on the block, no higher.

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The roof lines will match, and that's something that my client prides themselves on, creating properties that fit into the character of the block and are good quality construction to provide for this workforce housing program.

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We included our certificate of tax clearance for 2338.

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For 2328, we have a zero tax balance, which we're showing here.

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uh the the certificate wasn't coming up for that one yet we'll get that in as soon as it's

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available but there's no outstanding tax balance uh and i can assure everyone that

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shiveta is tax compliant and then again another copy of the um the redevelopment authority

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agreement and we included the plans and the rc no that's pha right joe oh pha sorry yeah it's okay

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uh and uh finally their uh letter of support regarding this property it was the same meeting

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so the numbers are the same but we received one for each of the two properties and this was the

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brewery town sharswood community civic association with that i'll call michael tomasetti to adopt my

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testimony. Michael Tomasetti is allowed to speak. Sir, could you please state your name

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as spelled for the court stenographer? My name is Michael Tomasetti, P-O-M-A-S-E-T-T-I.

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We're referring to tell the truth, the whole truth, and nothing but the truth.

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Yes. Please proceed, counsel. Good evening, Mr. Tomasetti. Did you hear my

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testimony just now regarding 2338 and

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2328 Seabird Street?

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Yes, I did, Joe. Do you adopt it as your own? Yes, I do.

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Okay. Nothing further.

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Questions from the board for both locations, both projects.

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Questions or comments from our

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attorney, Hillary Emerson?

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just a quick clarification mr consul for 2328 seabird street we um one document that was

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submitted said it was an updated elevation plan was it a revised plan that needed to be stamped

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