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Hearing video

ZBA Hearing - December 8, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20205h 47m

Hey, good afternoon.

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Can you identify yourself for the record, and I'll swear you in.

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Good afternoon, Chairman DiCicco, members of the board.

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Matthew Munro with Monroe Law on behalf of 2332 East Thompson Street.

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Let's give us a second.

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I thought we already, did we, are you...

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Excuse me, this is Sharon Saleta.

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I believe that was included on the list to the board.

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It's announced as withdrawn.

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Is that correct?

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We'd sent in a letter yesterday.

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I was having a hard time, technical issues locking on,

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and I just wanted to make sure that the case was marked withdrawn.

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Okay, so noted.

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Thank you.

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Thank you.

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Anyone else?

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Continuance or withdrawal. Tina Marie Russell you're unmuted you can speak now.

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Good afternoon again Ms. Russell please identify yourself with a record and just

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remind you you're still under oath. Ms. Russell you can unmute. I'm sorry I thought

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I was unmuted thank you. In reference to 2200 North Lambert Street do you

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with the number is 39818. We were just checking to see if they have put in a continuance because

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we still haven't heard anything from the applicant. That case we continued correct? No excuse me this

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is Sharon Saleta that is on the 330 list. 330 list yep 330 list. Oh that's 330 okay thanks. All right

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Thank you.

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Anyone else?

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We have no other hands up, Chair.

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Thank you.

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Before we begin, I'd just like to remind everyone, do not attempt to testify in the chat.

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Any comments should be directed to the Board Administrator, Ms. Tanya Sunkett.

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With that, we can begin.

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Thank you.

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um excuse me sharon slay again i did want to say on the record that um we had a request for

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continuance from councilwoman gothier's office for number 13 on your list that is mi 2020 002181

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1322 south 53rd street the attorney on that case is rachel pritzker she is requesting that she be

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permitted to go forward um i don't know whether you would like to address that now yeah uh as

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Miss Pritzker there? Yes. Apparently the councilwoman's office is asking obviously for a

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continuance. Why don't we do this? Let's swear you were we had you on this morning didn't we

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or no? Yes. You're still on the oath so just identify yourself with the record. Yep Rachel Pritzker

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You're still on the oath.

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So just identify yourself with the record.

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Yep.

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Rachel Pritzker, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

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Rachel, I understand, and correct me if I'm wrong, maybe you want to get some of your testimony on the record of what you've tried to do.

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Well, Chairman, I spoke with Sharon about this, and we, this appeal was filed September 8th.

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We received acknowledgement of a receipt of our appeal 1022 by the ZBA.

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RCO notification was sent to us on the 2nd, although we do have emails that were provided to the board's attorney showing that they did not get a response from the council office until about, as they had reached out, 1020.

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And then we emailed the RCO, the zoning board and council staff anywhere between four to six times asking for a meeting or asking that this be reassigned.

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It's now obviously December 8th and the councilwoman's office has just responded with a continuance that was not sent to me or my clients.

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So at this point, you know, I think, you know, we try to do our job of following all the rules and making sure that we meet the requirements.

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And I just would like to ask that we be able to go forward with this as we did do all the necessary outreach, you know, that's that's required by the code and then some to try to get a meeting together and notify all parties.

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Okay, we'll go forward with the case and then we'll make a decision as to whether resume it for feedback from the RCO.

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Let's go forward with the case, okay?

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Yeah, thank you.

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We'll call you up a moment ago.

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Thank you.

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anyone else anything else going on before we uh miss tenary calls the first case we're ready to

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start thank you carol please miss vice chair please proceed calendar number 2204104 pollard

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street is that correct no no you got a good number two fifth street calendar number yeah

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calendar number 2176-5048-50 North 5th Street. And the attorney on this case is Alan Nockamson.

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Mr. Nockamson, you've been promoted to panelists. You may speak now.

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mr knockamson can you put your name and address on the record and spell your last name

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yes alan knockamson n as in nancy o ch u m as in mary s o n as in nancy one two three south

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broad street suite 1600 philadelphia pa 19109 do you swear or affirm to tell the whole truth

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and nothing but the truth i do do you agree to waive the reading of the refusal and stipulate

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to its accuracy i do and you have you also emailed an exhibit packet with the required documents

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including proof of ownership tax compliance a copy of the refusal or referral photos and or

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plans of the property five days in advance of this hearing and have you met with the rco

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and do you have a letter yes in all respects other than not having a letter i did speak to

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Tina Marie Russell, who is online,

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who indicated that her organization

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and the community supporting this project,

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but I don't have a letter.

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Excuse me, this is Sharon Saleta.

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We did receive an email from Charles Richardson,

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who included, he forwarded an email from the RCO

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indicating that they support the project.

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Okay.

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You may proceed.

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All right, thank you.

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May I share my screen?

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Sure.

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All right, so I'm handing you, or you're seeing a packet of materials, which include

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eight exhibits. The first one's the deed to the property. Oh, the first one is the deed

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to the property. Yes, I'm sorry, would it be possible to enlarge it a bit? Oh, yeah,

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that's of course. Thank you. Is that good? A little bit? A little more. Okay. For purpose

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of the attendees. Yes. Is that good? Yes. Hi. Hi. Yeah. So the first is the deed to the property

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showing that Omar Lopez owns the property. The second exhibit is the certificate of tax

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clearance showing that he's in good standing with the city of Philadelphia with respect to his real

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estate taxes due on account of the property. The third exhibit is a notice of referral. So this is

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a special exception. So currently he has a bar restaurant at the premises.

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So currently, he has a bar restaurant at the premises.

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It's been open since 2011.

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And essentially, all he's looking to put is a DJ and karaoke capabilities there.

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And as part of that request, it's considered assembly and entertainment of not more than 50 people.

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And we are seeking a special exception to allow for that use.

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and here's our application for a special exception

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and you know here is just our floor plans just in general actually let's show photographs

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so this is to find the property this is to the right of the property this is to the left of

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property and again we're in a commercial corridor uh so it's not common to have businesses of

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dislike his use as a restaurant bar restaurant is allowed as of right just seeking to add karaoke

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and uh dj services as part of this special exception application and he's been in existence

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for almost a decade here's the interior of the property and then here are the floor plans

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i think i'm just gonna let me see if it's too large

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I think that's just the site plan, but here's the floor plan.

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So basically it's a one-story structure.

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Upstairs, they have residences, but you basically just walk in, you see seating capacity of

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44, this is where the DJ would be, here are some pool tables, here's the kitchen, here

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are two existing bathrooms, and this is where they store the trash out there.

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And then we met with the Logan Community Enterprise Center Inc. on November 30th, as Ms.

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So let us state it, the community, based on our presentation, is in support of this project.

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And then we just got some signatures of nearby neighbors who are also in support of our project.

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And, you know, that's basically our presentation in a nutshell.

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If you want, I can also discuss hours of operation, things like that.

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I don't know if it pertains to this particular project, just because it's a pre-existing business,

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and all we're trying to do is add capabilities for the actual business.

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But I would, you know, hours of operation was not raised as an issue with the RCO.

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Is that correct? No, not at all, actually. OK. All right.

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Do you have a client? Yes, I do. Mr. Lopez, can you virtually raise your hand?

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No one by that name has raised their hand.

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how about this as an officer of the court mr chair i will say that your client would adopt

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your testimony thank you that's correct what questions from the board no

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no would anyone else like to testify in this case if so please raise your hand

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chair we have charles richardson good afternoon mr richardson

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please identify yourself for the record i'll swear you in good afternoon mr chair and board

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members charles richardson from the office of councilwoman cindy bass room 312 city hall

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you swear and affirm to tell the truth the whole truth nothing but the truth

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i do please proceed councilwoman has no objection to the granting of the special exception

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thank you planning commission

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good afternoon board peter bernard for the planning commission good afternoon peter please identify

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I'm sorry, will you swear and affirm to tell the truth, the whole truth and nothing but the truth?

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Yes, I do, Chair.

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Please proceed.

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This property is indicated for commercial mixed use in the comprehensive plan.

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We do not feel the proposal will have a negative impact on the surrounding community.

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Accordingly, we have no objection to the granting of the special exemption.

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Thank you.

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MI 2020-002-176-5048-50, North 5th Street.

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My vote is yes.

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my vote is yes my vote is yes my vote is yes my vote is yes

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thank you calendar number zero eight two eight thirty three nineteen north 17th street

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This is Ole Sokolov's case, and there's a letter of support from Tayoga United.

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Mr. Sokolov, you've been promoted to panelists, you can speak now.

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good afternoon once again members of the board mr chairman thank you very much for your time

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oleg sokolov on behalf of 3319 north 17th street that's o-l-e-g s-o-k-o-l-o-v

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1700 market street sorry i'm just so used to running through it it's okay me too i understand

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Suite 1005, Philadelphia, Pennsylvania, 1003.

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You were sworn in earlier.

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You're still under oath.

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Thank you.

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Thank you.

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Do you agree to wait the reading of the refusal and stipulate to its accuracy?

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I do.

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Thank you very much.

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Have you emailed an exhibit packet with the required documents, including proof of ownership,

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tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO?

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And do you have a letter?

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Yes, as to everything other than tax compliance, this property was purchased at Sheriff's Sale.

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We have been working since the actual sale date of January of this year to attempt to get the actual tax clearance certificate.

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We've been notified that as a result of the Sheriff's Sale itself, all taxes have been paid and satisfied.

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However, we're unable to obtain an actual certificate at this point.

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All right, we'll proceed.

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Thank you members of the board, may I share my screen please?

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We are here seeking a variance for the construction of a multi-family dwelling at this parcel

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which is currently vacant land.

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As you can see from the refusal, we're requesting a six-unit building and are asking for a variance to allow for no parking as well as a deviation from the code in terms of rear yard setback and open space.

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I have here the sheriff's sale deed to the property.

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In the name of my client, Let's Talk Trash LP, a copy of our application.

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And I'd like to start with just a picture of the property in its current form.

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This vacant space here is where the building is intending to go.

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The property is currently zoned RSA 3.

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This is a rendering of the building that we intend to put there.

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As you can see here, this is the additional square footage we're asking for in the rear yard.

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And that also is the impact of the open space.

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and here are the schematics of the first through third floors there will be a roof with access to

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it however it's it's not a roof deck of any kind it's just a maintenance access roof as you can see

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from the blueprints here here's I'm sorry Mr. Sokoloff would it be possible to enlarge it just

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Just a bit.

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Sure.

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That might be a little too big.

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okay so that's good okay so just once again through it here's the rendering of the of the

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building as we intend to build it uh as you can see we we've tried to design it in a way that

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it keeps the character of the neighborhood both with the the the front covered porch as well as

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bump out window on the second floor. This is we try to do everything we can to make it

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in line with the neighborhood using modern building materials.

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in line with the neighborhood using modern building materials.

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And here is once again a layout of the inside of the building.

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I also have Mr. Abraham Silber here, who is the applicant.

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Could he raise his hand, please?

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Mr. Silver, Abraham, if you're on, could you please raise your hand?

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Mr. Sokolov, while we're waiting, will all the tenants have access to the rear yard?

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All the tenants will not have access to the rear yard.

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um only the only the bottom back of the building tenant will have that what are we doing about

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trash um trash is stored as you can see here the first floor has a little uh like closet or or

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hallway area that will be enclosed with keys given only to two tenants of the building for

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trash bin storage. We do request that our tenants keep their trash in their property and also write

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that into our leases further. And Mr. Silberg could testify to the fact that he's often called

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by tenants to pick up any excess trash. So we've tried to create a few different systems for any

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trash overflow, both the storage for the building in general, and then a system by which they can

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