civus
Hearing video

ZBA Hearing - January 27, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 27, 20215h 43m

okay thank you calendar number 2179 704 north 23rd street

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all right thank you members of the board thank you

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no hands chair this this is sharon i have no exhibits but i believe this is the first listing

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um mr chair you're muted thank you mi 2020-002179

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704 North 23rd Street is continued.

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I believe that completes the 930 list.

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Do we, any other unfinished business?

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No, we do not.

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We're good.

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We're good, Chair.

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That's it.

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All right, everyone, thank you and see you back

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at two o'clock, thank you.

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Thank you.

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All right, take care, everyone.

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Bye-bye, see you soon.

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DPZ Zoom, we can pause the recording.

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Let's go live, please.

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We're now live, Chair.

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Thank you. Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the zoning

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Thank you, good afternoon, everyone.

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My name is Frank DiCicco.

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I'm the Chair of the Zoning Board of Adjustments.

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board of adjustment. I'll be participating in today's hearing along with our vice chair,

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Ms. Carol Tenere, board secretary, confessor plaza and board members, Mr. Thomas Holloman

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and Mr. James Snell. Also, board administrator, Lakeisha Dandy, and our board attorney, Sharon

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Saleta, are also in attendance. For those of you who haven't yet participated in one

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of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their hearing,

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to their testimony. Second, we'd like to advise everyone that this proceeding is being recorded

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and that by participating, you acknowledge your agreement to be recorded.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by

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hitting star nine and then star six to unmute yourself. I'll repeat, for anyone participating

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by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six

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to unmute yourself. Finally, to enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue.

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I will repeat, to enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue.

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I'd also like to remind everyone that please do not attempt to testify in the chat.

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that, any comments should be directed to our Board Administrator who happens to be Miss

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Lakeisha Dandy. Before we begin, I'd like to ask if there are any requests for continuances

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or withdrawals on the two o'clock list. If so, please raise your hand.

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chair i have a mr richard mr richard you can unmute yourself and speak to a continuance

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yes good can everybody hear me yes sir please identify yourselves by your last name for the

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record name and address thank you mr chairman it's richard weitzman w-e-i-t-z-m-a-n uh i'm the

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attorney for the applicant. My address is 3 North 2nd Street, Suite 200, Philadelphia,

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19106. I am here with respect to the property at 4146 Peachin Street.

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Okay, that's number 10 on our list. You're asking for continuance?

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Yes, we've been in continuing communication with the RCO and just need a little more time to

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finalize things. Excuse me, this is Sharon Saleta. Mr. Whiteson, I believe that you have submitted

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a request to amend your application. Is that right? Yeah, correct. I did that this morning as

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well. It's really more for clarification, something the RCO pointed out to us. The ultimate variance

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would be the same for three units, but they wanted to make sure that the relief would correspond

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with with the way the property is set up sure i was asking because if that's the case and you're

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waiting for l and i to get back to you with um a revised refusal we might want to continue this

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board might want to continue this as attorney moving party so that you can contact the

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administrator once you have the refusal ah gotcha okay yeah actually i think at this point i need

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leave i need permission to amend before i think i can submit l and i yes that's right okay okay

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so attorney moving party works for you weitzman it does yes all right mi 2020 does zero zero two

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seven eight one four one four six pechin street attorney moving party would anyone else like to

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request a continuance or withdrawal please raise your hand thank you i'm going to drop off everybody

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thank you stay well

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yes we have Mr. Jarrett

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Mr. Jarrett

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yeah Jarrett I was going to ask you

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I was waiting to see about withdrawals

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or continuance I understand you had a request

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yes so

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this is for I believe number four on your list

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let us swear you in please identify

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yourself of course Jared Klein

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from Blank Rome 130 North 18th

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Street Philadelphia

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swearing for him to tell the truth the whole truth

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nothing but the truth

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Yes I do. Please proceed. This is I believe number four on the board's list. It's 1731 West Hunting Park Avenue. That's correct. I had a calendaring snafu on my end.

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I had a calendaring snafu on my end, so I did not submit the materials to the board

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within the five days.

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I did submit everything to Ms. Saleta and the board this morning, and this application

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has broad community support and is part of an affordable housing plan that has some tax

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credit timing sensitivity, so I would ask the board's indulgence to allow the case to

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proceed today.

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so noted we'll do that thank you thank you very much mr chair anyone else requesting a continuance

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or withdrawal excuse me this is sharon seletti can we just get mr klein to confirm that the

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property was posted yeah i'm sorry i forgot to ask that yes yes the the property was fully posted

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and we have photos of the posting and the materials that i sent in to miss selena thank you

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Sharon. Anyone else? Am I good to go? This is Rachel Pritzker. Hold it, Rachel. I just want

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to make sure. Is anyone else? Yes. Ms. Pritzker, you can speak to a continuous. Thanks. Rachel,

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

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yes thank you so this is for 5138 gainer road i have sort of a unique request this is for a

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daycare center to be opened up we can't get in front of the rco until february the 16th i believe

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but wanted to know if we would be okay in order to kind of keep the timing so that this business

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can actually open if we were able to present the case today and then do a resumption hearing just

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for RCO input after the 16th. Ms. Pritzker, since you will have to come back anyway at the same time

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and this will not save you any time by proceeding today and there's always the possibility of

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people wanting to testify

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as a result of the RCO meeting.

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Can we get

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whatever the next available date

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would be?

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If that's what you recommend, that's fine with me.

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In the interest of time,

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like Sharon says,

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you get a resumption here, somebody

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else may come in who wants

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to be heard, maybe not be supportive

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of your application.

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that's fine we're going to wind up a full-fledged hearing anyway that's fine

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just wanted to get on the calendar as soon as possible because we kind of are running into an

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issue with you know this is a business trying to open and you know the timing of the process

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doesn't always align with that all right so sharon you uh um we don't have a date but she

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can work um Ms. Pritzker can work with Tanya and uh or Lakeisha okay thank you any other requests

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no more hands here thank you uh before we begin Carol we have an add-on okay uh do I do is there

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do i do sure's lane first and then the add-on yes okay calendar number 0853 231 sure's lane my vote

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is yes with proviso of plans consisting of one page stamp today yes with proviso

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yes with proviso yes with proviso and the add-on next case yeah this is a resumption hearing

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we had asked we had asked all parties to go back and ask the commerce department

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councilwoman's office to see if there's any way they can work out some

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okay so it's calendar number zero nine four five 39 65 lancaster avenue

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and frank i guess you'll swear everyone in uh yeah i hear some people talking in the background

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good afternoon mr chairman members of the board good afternoon please identify yourself and we'll

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swear you in sure thing meredith ferliger f-e-r-l-e-g-e-r 1500 market street suite 3500 e

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here on behalf of the property owner and applicant sam development llc

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we're in a firm to tell the truth the whole truth nothing but the truth

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i certainly do and just for visual effect i'll just bring up a picture of

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Once again, the property, I think that you have ample detail at this point, but just so you have something to look at while we give you an update.

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once again the property um i think that you have ample detail at this

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So we took the board's request and we did go back and we met with the Registrar Community Organization, which for this property is PEC.

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We did also meet with the representative of the Commerce Department.

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Fortunately, we were able to hold a meeting with all the parties together to really get a good meeting of the minds.

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I'll note that my client is continually grateful for the additional assistance that they are willing to provide.

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However, the content of the meeting was largely the same as all of the prior meetings that he had held with other community organizations.

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It really just amounted to more of a brainstorming session about the type of tenants that might be interested in the space.

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Effectively, they were asking my client to wait indefinitely for a tenant that may or may not ever arise for the space.

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We did not, my client did not leave that meeting feeling any more hopeful about the prospect

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of finding a commercial tenant at this space.

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So we are going to continue to request that the board grant this variance.

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I would be happy to submit my full testimony that I had given at the hearing two weeks

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ago if that would be helpful to you.

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But I do believe that we had provided ample justification, given the unique location of the property, in conjunction with the immense attempts that were made to find a tenant at the space, which unfortunately, it's not looking like it's going to happen anytime soon.

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Okay. Anyone else to testify?

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Yes, Chair, I have Adam.

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Adam is probably my client.

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Anyone else?

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Sorry, this is Adam Perlman.

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I just had my hand raised.

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Just hang in there, sir.

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Just hang in there.

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We've already got your testimony last time.

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um questions on the board we have a mr goodman oh okay mr goodman good afternoon

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good afternoon identify yourself you're still under oath from this morning

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yes andrew goodman g-o-o-d-m-a-n representing third district council member jamie gaudier

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i'm sorry i'll proceed um so yeah we did we did participate in a meeting i mean we do know that

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people's emergency center because they have the unique kind of capacity of being both a registered

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community organization and an organization that provides small business support on lancaster

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avenue we do know that you know that they that they did they did look into other potential

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tenants but you know obviously two weeks is two weeks is tough not enough time we did meet and

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there were even though some potential resolutions were discussed no resolution was reached

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So our testimony, the council member's testimony remains the same as it was two weeks ago on the 13th.

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Thank you very much.

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Anyone else?

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Yes, Chair, I have a Mr. Kevin Brown.

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Brown, please identify yourself with a record name and address.

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Can everyone, hello, can everyone hear me?

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Yes.

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Hi, this is Kevin Brown. I'm with People's Emergency Center.

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we are the we are the um the rco in charge of the community zoning right and you swear and

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affirm to tell the truth the whole truth nothing but the truth yes sir i do please proceed um as

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mr goodman mentioned i was also uh at the meeting on monday where we with the commerce department

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was also involved and they are willing to help mr perlman uh find a viable candidate through

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their network that may be able to utilize the retail space. And I pointed out to Mr. Perlman

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and his team that, you know, his space has only been a viable option for the last eight months.

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I know that he started building the project three years ago, but it's only been for the last eight

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months that it was available to actually be rented. And I pointed out that during the last

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eight months, we've been obviously in lockdown, which directly impacts retail ability. And so I

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I just would like for us to consider that in this

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and that changing the zoning

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changing the zoning will really directly impact the plans we have for this retail corridor and

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will really directly impact the plans we have

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for this retail.

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so I urge the board to really consider to not do that at this time. Thank you. Anyone else?

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No more hands, Chair. Thank you. I think we got the planning commission last time but I'll ask

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Again, Planning Commission.

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Thank you so much.

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David Fecteau, F-E-C-T-E-A-U, with the City Planning Commission.

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David, do you swear in the firm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir, I do.

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Thank you, sir.

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Mr. Chairman, members of the board, the comprehensive plan recommends this property for commercial mixed use.

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We can see that the applicant could have a reasonable argument for requesting a residential unit on the Mount Vernon Street side of the property,

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but we cannot support removing commercial space from the corner of 40th Street and Lancaster

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Avenue. We recommend against granting this variance. Thank you. I'd like to close the

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record and have the board render a decision at next Wednesday's executive session. That's my

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recommendation. Thank you, Mr. Chairman. Would you like me to submit my full testimony that I had

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given would that be helpful yes it would be thank you will do any objection from the board

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no not at all okay no all right thank you thank you all

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calendar number zero three five four one one one zero one griner road

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We have Ming Ling. You can unmute yourself.

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Hi, good afternoon.

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