civus
Hearing video

ZBA Hearing - October 14, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 20205h 0m

right but

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there she is

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yeah hi this is Mark I'm calling her to get

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her back on the phone I know she was babysitting

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at her house today so okay we can move on um mark i'm you can work on that and then let me know but

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do the chat okay we'll go to the next case okay uh mi-2020-000310 1542 north 8th street

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1542 North 8th Street.

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The attorney is Leo Mulvihill.

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Not sure what he'll be wearing.

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He left earlier with a black leather jacket.

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He looked like Marlon Brando.

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I wish I looked like him.

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Oh, there you go.

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You know what?

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Now you got three guesses as to who I am right now.

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Okay.

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Asian is that an Asian outfit I get a little bit dark there

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think Disney movie animated oh okay

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I was thinking a wicked

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so chairman members of the board good afternoon I am of course

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Mickey Mouse from Fantasia Leo Mulvihill

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that's M-U-L-V-I-H-I-L-L address 2424

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East York Street Suite 111 Philadelphia

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19125 I agree to

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the refusal and stipulate to its accuracy. Leo, just give me a second. I see Ms. Fuller from the

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prior case. Ms. Fuller, just hang in there. Once we're through with this case, we'll get back to

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you. Leo, I'm sorry for interrupting. That's quite all right. So members of the board. Leo, let me

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ask you a question or two here real quick. Yes. Have you emailed an exhibit packet with the

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required documents, which are proof of ownership, proof of tax compliance, copy of the refusal or

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referral photos and plans uh five days in advance of this hearing yes i have also have you met with

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the rco and do you have a letter from them yes okay and uh you already uh agreed to wave and step

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correct yes great you may continue all right members of the board we're here today for 1542

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north 8th street filmed by my client 1700 reed llc principal of that company is hayden h-a-y-d-n

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Cutler, C-U-T-L-E-R. What we're proposing today is to put in a former PHA property,

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which was multifamily previously, which is now vacant, boarded up, and unfortunately it had

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some squatters in it before. My client has it under agreement and wishes to make it a three

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family dwelling unit, two units of about 750 square feet, one unit of about 1,500 square feet,

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and ultimately sell these off as condos.

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For purposes of the record, I have here my title screen for the materials.

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We have the refusal, appeal, and project information form at page one, area zoning maps at page six,

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the agreement of sale at seven, my client's commercial activity license at 17, tax clearance at 18,

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the zoning notification letter, proof of mailing at 19, RCO letter showing support or non-opposition,

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rather from APM is at 27, voters of the property are at 30, and plans are at 48.

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What's showing now on your screen, page three, is the refusal in this instance.

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Again, this is an RSA 5 property. Although it's historically been multifamily,

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we received the refusal for a multifamily. It's currently owned by PHA, as you can see

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indicated here. My client has it under agreement. Page six of my packet members of the board,

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we can see the area here. Oh, that's not the right map. It has the incorrect map numbers of the board

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for some reason. In any case, this property is located at the corner essentially of 8th Street

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and Oxford. Here's our agreement of sale. There's a zoning notification letter which went out

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September 23rd. We had a meeting on October 6th with APM over Zoom. Nobody attended either my

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meeting or the meeting for the other applicant that presented that day. So as a result, APM ended

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up writing a letter of support or a letter rather of non-opposition for the project.

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What I'm showing on your screen now, members of the board, page 27, which is the letter of

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non-opposition from APM. They also provided a letter kind of pontificating on additional issues

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with respect to the property itself, indicating the use of the property, the fact that it's three

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units, the fact that it's right off of Oxford at 8th Street, the fact that mailboxes will be

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mounted internally in the building and the fact that the units which are smaller will sell between

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125 and 135 and the larger unit will sell for between 255 and 265 give or take. Beginning at

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page 30 now I have copies of the zoning notices that I posted on the property included the orange

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zoning sign as well as the bilingual signs provided to us by APM. This is the front of

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the property. Looking directly at it from 8th Street. A little bit further away to the left

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A little bit further away to the left, you see new construction multifamily three units.

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you see new construction multifamily three units.

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This is looking northbound on 8th, again looking across the street from new construction four

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story three unit building.

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This is on Oxford Street.

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This is a shot of the building from across Oxford Street.

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As you can see, it's currently vacant.

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I'm just going to go through the additional photos showing single-family homes in the area,

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parking lot across the street.

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This is looking westbound on Oxford Street at page 42, southbound on 8th Street at page 43,

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just to give you all some context of the neighborhood as I page through the rest of the

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photos. So what I'm showing now, members of the board, it's going to take a second to load only

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because the files are a little larger. This is page 48 of my packet. This is the proposed

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rendering of the property. To the left, you can see a view from Oxford Street with the tree and

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a fence. To the right, you see the view from the front on 8th Street, where it's just an adaptive

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reuse. We're essentially going to be rehabilitating the building. We're not going to be really

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changing anything to the exterior other than shoring it up, maybe redoing some stucco,

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putting new windows in. What you can see right here now, members of the board,

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is the, behind this fence area, you can note one, two, three gated areas. Behind these gated areas

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will be exterior dumpsters for the condos. So that's going to take care of trash storage for

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each of the three units. All right, I'm going to do my best to zoom in on this in a moment.

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Like I said, the files are a little larger, so it might be a bit laggy.

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There we go. So here's the structure as it exists right now. We're going to put a new entrance portico new windows, try to keep the brick front. If not, we're going to try to replace it.

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Building itself is 36 feet 11 inches tall will be repairing the corners line.

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This is the view from Oxford Street again.

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with yard gates and trash storage located here, which we'll see in a second when I get

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to the floor plans. This is the site plan members of the board. I'll start at the front of the

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property. One moment as my computer's not cooperating.

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all right there we go so again this is what the property looks like front stairs four feet seven

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existing as you come into the property there's going to be a vestibule as i discussed earlier

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you'd hang on the right to go to unit one get a straight up to get into unit two right now the

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storage for trash back here we're going to have use of the side yard for the first unit

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use of a rear yard for unit three. I'll get to the floor plan now at this point.

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The floor plan itself is color coded. Unit one is in light green. It's a bi-level unit.

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On the first floor as you go in, you have an area that's open to be low, sort of like a balcony and

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stairs that lead down to the basement living area, which has a kitchen, dining, living room. Bedrooms

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on the ground floor here's the bathroom we have additional closets here as well and one can come

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out through this area downstairs to be in a patio and have its area for trash storage in the exterior

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downstairs unit of one as it is a bi-level unit washer dryer kitchen dining living space

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unit two

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is indicated here in this light pink color four bedroom unit bathroom in the middle

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got some closets and laundry another bathroom off of the large bedroom to the front of the

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building and that's on the third floor

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unit three oh there we go unit three is bi-level as well two bedrooms one and a half baths

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it's actually a tri-level unit as you come in off of the street pardon me as you come in

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from the rear to get into unit three you then enter from the rear patio living and dining area

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with the kitchen pantry and you have stairs to go either down or up to go downstairs you have

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rec room storage and laundry as well as a powder room and let me just get to the third sword plan

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there we go and then for unit three we have additional bedrooms upstairs and our bathroom

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um for unit two again as that was a larger unit we have the kitchen living and dining area up on

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the third floor as well as i stated earlier we're not making any changes to the exterior

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of the building this is just going to be a rehab purchased by pha or purchased from pha rather by

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purchased by PHA, or purchased from PHA rather by my client. That's an adaptive reuse and we're

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of my

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just hoping to use it for three families. There's precedent for this already, as there's already a

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three-family dwelling immediately next door. And we believe that allowing three units in this

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location at the price points that we discussed will be affordable to the residents in the area,

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which was a concern that was raised by APM at our community meeting, versus rehabbing this into a single family home when it had never previously been a single family home, where the sales price would be significantly higher for a brand new rehabilitated unit of this size.

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Unit one, again, is about 750 square feet.

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The larger unit, unit two, is 1,500.

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Unit three is about 750 square feet.

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The hardship simply is, members of the board, this always has been a multifamily unit.

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My client purchased it with the understanding or went under agreement with the understanding

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it was multifamily based on its interior layout.

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We learned that it was not multifamily, and that's why we're here today seeking to rehabilitate

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this structure rather than knock it down and build something new.

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We're happy to take any other questions at this time, members of the board.

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Thank you.

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Do you want to get your client on?

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Mr. Cutler, if you're on the line, please raise your hand.

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i believe mr cutler may have been on the line earlier but may have had to leave

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just because it's been a little bit since the 2 p.m hearing started stipulate that he would agree to

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your testimony uh questions from the board no no anyone else anyone else who would like to

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testify in this case if so please raise your hand no hands thank you Planning

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Commission good afternoon chairman members of the board Ian Litwin Planning

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Commission staff this block has a mix of single-family homes and multi-family

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homes and vacant lots as a larger corner property that has historically been used

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as a multi-family building we have no opposition to granting the variance thank

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you. MI-2020-000310, 1542 North 8th Street, my vote is yes. My vote is yes. My vote is yes.

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What? I can't wait till next time. Now I'm excited. I think we get a little crazy today, huh?

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Thank you, members. You got to join the crowd. All right. Thank you. A little levity for sure.

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Have a good afternoon, everyone.

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Bye-bye.

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All right.

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I think this might be the last case for 2 p.m.

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It's MI-2020-001136, 1347 South Hick Street.

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Mr. Fuller?

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And Mr. Zwick?

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Yes, can you hear me?

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Yes, I believe I swore you in earlier this afternoon, but do me a favor, just spell your first and last name again for the record.

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B as in boy, E-R-R-E-T-T-A, last name Fuller, F-U-L-L-E-R.

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Thank you, resident, your address.

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Yes, 1347 South Hicks Street.

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Okay.

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So, please proceed.

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with 1513 reed street which is right next door to me um the last time yes for could i ask you

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a question or two real quick uh yes have you have you emailed an exhibit packet with the required

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documents which are proof of ownership proof of tax compliance copy of the refusal or referral

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photos and plans five days in advance of this hearing well we we i was on the last uh board

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meeting and what they they didn't ask me to do that however uh the reason for this onset of the

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call is for a plot plan which um mark bender was a calling in on the phone i don't know where he

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he he went to uh or what happened um so i guess i would have to step represent myself at this time

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um um excuse me this is sharon saletta we did receive an exhibit packet from uh mark zwicker

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is it um wait yes yes that's that's correct and and mark uh bennett is my real estate agent uh he

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had spoken to me earlier about a plot plan uh and also have a deed of 1990 uh which i hope he uh

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also put that in there because in 1990 uh they was going to split it up to two parcels uh then

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Uh, then something happened with that deed and they opened up, uh, the one in 2005, which, which they wanted to landlock. However, when they found out that I had two doors, an entrance and an exit to my property 1347, they stated that it would not be, uh, a problem.

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something happened with that deed and they open up uh the one in 2000

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and all the neighbors uh i got all um acceptances uh eight uh on that day that the last uh appointment

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that i had i believe it was september 16th i'm not sure miss fuller did you did you meet with

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the rco and did you uh get a letter from them yes i i met with them sometime back uh that that's the

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reason why I didn't have to do that however is in regards to the tax appliance the 2018

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was paid today I have the receipt and the confirmation number if so I don't want that

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to install stall anything from moving forward then I plan to call in a Monday because I was

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on a repayment plan but for some reason I didn't get any mail and when I called they stated that

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that nobody, you know, there was nobody that I could speak to or something of that

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source. I don't know if it's due to the pandemic or what caused that problem, but I hope to

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straighten that out. And because the 2019 and the 2020, spoken to Mr. DeWick, he stated all that

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would be taken out, if it's all right with you at the zoning board, that would be taken out of

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the closing costs so all of the taxes will be taken care of so you don't have a you have a

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certificate you said does it show a zero balance or does it show a balance for 2018 it should show

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a zero balance but i don't think that it works that fast because i just did it uh uh today

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because i really did because this is this is what started the problem the last time i opened up it

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said I was compliant. So on the day that I have to talk to you, I see not compliant. So I got

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confused. And I also have in my notes somewhere where I paid it. So this will be the second time

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I'm paying it. But I will try to get all this straightened out in the upcoming day. So that's

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the least of my worries right now. Unless you have a certificate that shows that you have a zero

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of balance we can't we can't approve your case until you provide that information to us

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um mr chair perhaps we could this is sharon saletta perhaps we could hold it for one week

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for um the applicant to submit and can i mention that sure sorry i just wanted to say i mean we

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can hear the case but we can't decide on it until we have a tax clearance correct correct um i will

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also wanted to tell you that we have a letter of support from the East Point

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Breeze RCO yes so why don't we in the interest of time miss miss Fuller unless

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the board has any questions no no questions

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hi everybody this is this is Mark Zwick if you can hear me can I add some

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clarity to the situation or if you guys don't need it i'll be quiet but i i think i think well

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you know what yeah normally i'd say no but yeah maybe it can be helpful yeah okay if i could

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interject this is tanya sunk it if i could interject i have looked up the real estate

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