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Hearing video

ZBA Hearing - December 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20208h 28m

page here um yes sir the design the architect the architect came with the design and the pictures

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and that's what um they wanted that's what they voted on you say the design so is this more to do

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with the design of the structures or does it have more to do with the curb cuts

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the design was fine um the variance was for the um um not to put the um the parking spaces

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the community voted to have the parking spaces on the property and and the curb cuts all right

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okay thank you anyone else i'm sorry

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you have anything else to add

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there are no hands chair all right uh questions from the board no no no planning commission

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good morning david effecto f-e-c-t-e-a-u with the philadelphia city planning commission

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You swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir, I do.

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Please proceed.

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Thank you, sir.

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Mr. Chairman and members of the board, these properties are indicated for commercial mixed use on the comprehensive plan.

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They are located one block from the Erie Broad Street Line station.

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Accordingly, we have no objection to granting these variances.

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Thank you very much.

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um mi 2020-000551 3649 north 15th street and mi 2020-000686

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3651 north 15th street uh my my vote is yes with all due respect to mr karn and the councilwoman's

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office uh this is very unusual but my my vote is yes yes my vote is yes to both my vote is yes to

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both my vote is yes to both thank you all

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my vote is yes to both thank you all thank you members of the board have a good afternoon

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thank you take care

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so did we we got to go to 21st street now correct south 21st

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MI 2020-001539, 1401-03 South 21st Street.

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I believe Mr. Marcioni is representing the applicant.

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Is there anyone representing 1401-03 South 21st Street?

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I'm sorry, Chair.

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Mr. Mattione, you've been promoted to panelists.

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Thank you.

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Thank you.

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Mr. Mattione, identify yourself with the record.

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Michael Mattione, M-A-T-T-I-O-N-I, Federal Reserve Bank Building, 100 North Independence

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Mall, Suite 5A, Northwest, Philadelphia, 19106.

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Mr. Mariano, you're still under oath from earlier this morning.

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Please proceed.

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Yes, thank you, Mr. Chairman.

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And Cliff Lasky, my client is available as well, and I'd like to have him unmuted.

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He's the owner and developer of this property.

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It's a 1401-03 South 21st Street.

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We did receive late last night a support letter from the RCO, there's our tax clearance certificate, and the refusal.

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This is 1401-03 South 21st Street, was consolidated from two lots into one lot in 2018.

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The prior owner then sought to develop it as five units.

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that was denied. My client bought the property and he seeks to subdivide it back into two separate

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properties, 1401 and 1403, South 21st Street. Because doing the subdivision creates two lots

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that don't meet the minimum lot requirements of 1,440 square feet and for 1403 doesn't meet the

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16-foot-wide requirements, he needs variances to basically build two single-family homes

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where two single-family homes are permitted.

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It would be bringing back the lots to what had been prior to 2018.

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In this area, there are many 14-foot-wide lots, including basically every one on Garrett Street,

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and a lot of 15-foot-wide lots, including 1407 South 21st Street,

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and then every other lot in the area is undersized.

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The two lots here are basically 18 by 48 and 15 by 48,

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so they're 855 square feet and 715 square feet.

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So that's the refusals.

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The homes themselves, they meet all of the dimensional requirements.

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They're less than 38 feet in height.

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There are three stories, the rear yard and open area requirements for both properties are met.

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And again, we have the full support of the RCO.

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On the site plan, we do have bump outs for bay windows.

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And what we would like to do, Mr. Chairman, we met with the RCO on November 23rd.

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And we would like the opportunity to revise the plans at the suggestion of the RCO to remove these bay windows.

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We just didn't have enough time between last week and this week with the holiday.

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So, if we could finish the presentation and hold the vote until we can revise the plans

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and come back with revised plans without the bay windows on the side, we would appreciate

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that.

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Excuse me, this is Sharon Sledder.

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Mr. Mattione, is this something that could be addressed with a proviso, no bay windows?

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If we could have Cliff Lasky add it on, then he could comment on that.

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I'd rather not comment on that for the developer.

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Okay.

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I'm sorry. What's the name of the developer? Cliff Lasky, L-A-S-K-Y.

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Hello, can you hear me? Mr. Lasky, please identify yourself for the record. Spell your first and last name, and I will swear you in.

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Hello, Clifford Lasky, C-L-I-S-F-O-R-D, Lasky, L-A-S-K-Y, Ben Franklin Residences, 1453 Point Breeze Avenue, Philadelphia, PA.

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Hello, Clifford Lasky, C-L-I-S-F-O-R-D, Lasky, L-A-S-K-Y.

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

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Yes, I do.

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Thank you, sir. Please proceed.

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You heard the question.

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Could you just repeat it once?

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Yes, I'm asking if the request of the community could be addressed rather than submitting revised plans

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simply with a proviso to the decision saying bay windows to be removed.

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Yeah, so the only issue is, you know, the architect didn't have enough time to resubmit this zoning drawing here,

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which L&I has, which shows these two bump outs.

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I know when my architect actually completes the plans, these structural drawings will have to show, you know,

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a triple joyous beam supporting these bump outs when in reality we're not going to do any bump outs.

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There's not going to be any triple-joice beam. I want to make sure that the architect can submit

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a zoning plan not showing these bump outs and the final building plan not showing the bump outs

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so that there's not any issues later on. There's an agreement we can do by proviso.

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Right. Maybe we'll submit to you the zoning plans with the bump outs removed.

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You guys can stamp them if everybody's in agreement. No, that's the point. We cannot

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stamp them after the decision is read but how about this as an alternative is there a possibility that

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the architect could have the plans to the board by end of today or by end of tomorrow uh possibly

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yes uh let me you know i'll call him right after this meeting and tell him it's a super rush and

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to get the plans to you guys today tomorrow because if it could um if it would be cleaner to simply

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remove them from the plans i don't think this requires a follow-up hearing but if the board

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approves it, you could instead say that the record is being held open solely for submission

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of plans showing removal of the bay windows, if that would work for you, Chair.

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Yes, yes.

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I'm fine with that as well, yep.

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Let me just do one other thing, Mr. Chair, real quick.

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Did you hear my statements, Cliff?

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Yes, I did.

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And are they truly correct?

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Yes.

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do you adopt them as your testimony i do thank you thank you any questions from the board no no

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anyone else will care to testify in this case if so please raise your hand

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we still have uh mr lasky's hand up but there's no other hands chair

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Thank you. Planning Commission.

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Good morning. David Fecto, City Planning Commission.

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I'm sorry, Chair. Can I please interrupt for a second?

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Sure.

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We do have Pietra Gamble.

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Pietra.

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I thought she was missing. All right. Good morning, Ms. Gamble.

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Please identify yourself with the record and I'll swear you in.

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Good morning. My name is Pietra Gamble. I'm a member of the coordinating RCO.

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We're in front of the tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Thank you.

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Please proceed.

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I just wanted to go on record saying that we are in support of the project with the

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proviso of the removal of the bay windows.

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Thank you.

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Thank you for your time.

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Anyone else?

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That's all, Chair.

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And Planning Commission again.

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Sorry.

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Oh, that's okay.

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Good morning.

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David Fecto, City Planning Commission, Mr. Chairman and members of the Board.

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This property is indicated for residential single-family use on the comprehensive plan.

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Accordingly, we have no objection to granting this variance.

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Thank you. Sharon, what was that proviso again?

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For the removal of the bay windows or?

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Oh, Sharon.

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Tanya, do you remember what that statement was? Does anybody remember it? Proviso would be

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removal. I'm sorry, I forget, but I was muted. We can't vote. Yes, what you could announce is that

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the record is closed aside from submission of plans showing the removal of bay windows.

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it will be voted tomorrow at 3 30 with revised plans so my vote is yes no we can't vote oh that's

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right we can't vote on so i'm sorry it will be voted tomorrow but the record is closed except

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for the revised plans being submitted thank you so noted i will i don't have to repeat that thank

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you yes thank you all right okay um am i

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All right. Okay. MI 2020-000494. 1439 South 20th Street.

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anyone here for 1439 south 20th street

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chair we have two hands up

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one anthony merlino and a phone call excuse me i'm sorry one anthony merlino and the other steve

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masters masters good morning please identify yourself with the record and i'll swear you in

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i'm sorry can we promote steve masters fatina yes

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mr matter masters you've been promoted to panel

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good morning mr chair members of the board steve masters from the law firm of just laws

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representing the applicant we're going to firm to tell the truth the whole truth nothing about

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the truth i do please proceed your masters do you agree to weigh the reading of the refusal

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and stipulate to its accuracy yes i do and have you mailed the entire email packet the exhibit

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packet to the board within five days of this hearing yes we have thank you you may proceed

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thank you members of the board this is a change of use only proposal to put a restaurant

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at the corner of Dickinson and South 20th Street.

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This is a location that since 1954 has had a sandwich shop.

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So the proposed use that Mr. Merlino's company is bringing in here

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is a very slight alteration from the use that's been at this location for quite some time.

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um go through the exhibits really quickly um so the the um refusal here is just um a denial um

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because this is a cmx1 uh zoning district and the sit-down restaurant is not permitted

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um so it's it's one use refusal uh we had several very productive meetings with

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the community on October 21st, October 26th, and November 16th. And as a result of those

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conversations, and in addition, Mr. Merlino was able to meet and talk with many of the near

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neighbors. And as he went around to explain the project, we had an overwhelming vote in support

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of this project 27 community members voted in favor of it and only two were opposed all of the

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near neighbors were in support there are some provisos that we agreed to as part of this process

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and i'm go through in a in just a a bit just a description of the whole project but the provisos

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and the community letter that we agreed to are the hours from 7 a.m to 11 p.m cut off a pickup

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at 11 p.m. The trash trucks, commercial trash, will be on 20th Street and will pick up trash

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from both the tenants and from the restaurant during daytime hours. We're going to have a

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barrier that's a vegetative barrier to insulate the sound from the pickup window to the near

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neighbors. We'll be adding some extra security cameras to ensure that the barrier doesn't

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cause a blind spot. We are not going to apply for a streetery parklet. We are interested in

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a sidewalk cafe, but nothing onto the street. And the neighbors did agree with us that it was

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beneficial to have a loading zone, one parking space between the hours of 7 a.m. and 11 p.m.

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so that the residents could use that spot between 11 p.m. and 7 a.m., and that loading zone is going

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to be for not just deliveries during the day to the restaurant, but for the commercial drivers

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with the online orders that people will make, like Uber Eats and Grubhub, so those types of

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uh companies um so uh we you'll see in this photo is um our property is on the corner here

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is um our property is on the corner here and we have the approval of the neighbors um except

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and we have the approval of

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uh for the vacant home which there's no one there uh that there would be the most impacted by uh

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bringing back this this restaurant use into this property and we have um a very large number of

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petition signatures from the immediate area including a second round of petitions that were

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that were done after we negotiated the the provisos

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that confirmed that the near neighbors were all in support of those

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have the client if you could summarize sure um would you like to see the the plans at all

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uh yeah briefly i guess yes okay all right sure let me put this over here

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So this is the site plan, um, Dickinson Street, oops, I think it's a little smaller.

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Dickinson Street is to the right. South 20th is below here. We're proposing containers,

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very attractive containers to put the trash bins on the south 20th side. And a few will

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be applying to the streets department for a few tables and chairs for sidewalk dining.

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and then, go down.

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So this is the view from the rendering

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from South 20th Street.

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This is the entrance to the apartments that are upstairs

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and this is the main entrance to the restaurant.

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