civus
Hearing video

ZBA Hearing - September 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 21, 20214h 46m

Just a clarification.

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When you say you support adding parking spaces,

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you recognize that with these curb cuts,

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there will be two parking spaces that will be removed from the street

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for every curb cut that's that's um that would be awarded by the zoning board is that correct

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i was not aware of the exact math involved but it seems like these still a net parking plus

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please help me out if i'm wrong you're correct

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it would be taking an additional car but the question well rachel i appreciate that you're

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not actually being the one asked the questions at this point. So I would appreciate if just

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Mr. Quinonez would testify. So just to reiterate though, there are parking spaces being

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eliminated on the street for all the parking spaces that are being created off street.

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i think mr mr time please thank you thank you mr masters i think that your question i could be

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wrong was answered when i asked the question of mr kramer about the 52 parking spaces on 22nd

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street there actually would be a net gain of he according to his testimony somewhere between 10

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and 15 well his testimony was one one spot but you're picking up three well mr holliman explained

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that that two spots will be removed for every curb cut not one um because because the way the curb

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cuts work um you have to have enough space on each side of them if it's even if it's two you're

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removing two but you're adding you're putting three off street which is a net gain of one

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if you're removing two off street and providing three if you're removing two on street and

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providing three on off street that's a net gain of one correct every two that you take off the

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street correct yes but those people there's only there's only three people well there's only there's

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a limited people who can park off street who who belong there as opposed to the on street parking

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is available in a more equitable way to everyone in the neighborhood so yes yes and no i think it

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it could play works both ways all right and we also heard that from mr hall i have no further

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questions but rachel i don't think you need to testify at this point because i have no further

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questions i'm sorry i'm sorry please cheer this is tanya i will thank you very kindly

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i'm just going to add in um as the applicant representing the owner so i'm permitted to speak

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Mr. Masters, that additionally, Mr. Holloman shared with us that there's about 50% of people

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use public transportation. So while I appreciate your argument or your speculation around parking,

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there was testimony also given that public transportation is heavily utilized. So in

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addition to the net gain that's going to be provided also those people will still be able

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to utilize public transportation which is not affected by this application that was the

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additional point i'd like to make thank you thank you and anyone else um rachel do you have any

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other witnesses no chairman okay any other questions from the board at this time we're

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that now go to the public uh yes mr yes mr chairman now i do feel ganged up one with joe uh present

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i do understand the changes of uh drawings but accessory parking on 22nd street

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it's not a good urban design, nor is it safe.

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But for the benefit of architecture and city planning, for the 1700 block of North 22nd

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Street. I would like to suggest, should I do it now, Mr. Chairman, provisos?

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Should I do it now, Mr. Chairman, provisos, or should I?

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You can do that because that may later rest some of the concerns of the public who may want to speak now.

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Okay. I'd like to request four provisos. The first one, the new concrete sidewalk is removed on all three properties, and a new concrete sidewalk is poured with a five-and-a-half-inch curve.

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second four trees approved by the city planning commission are planted near the sidewalk curve

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between each property line on all properties third five bike racks installed at the already

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built on-site parking spaces on all three properties and number four complete landscaping

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recommended by the Philadelphia Planning Commission on the on-site parking spaces for all three

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properties. Thank you, Mr. Chairman. Thank you, Tom. Excuse me, this is sharing. I was going to ask

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are any of those provisos not enforceable? Chair, I would ask that if at the end of this that you

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hold the vote for discussion in executive session okay very good thank you okay all right now we'll

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ask is there anyone who would like to testify in this case if so please raise your hand mr chair

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i have five witnesses that i've identified and submitted to to the board in advance and we have

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an exhibit binder we'd like to go through you have their names i do well why don't we call them up

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based on your list and if you could just clarify and have the witnesses state their address

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because like previous mentioned i'm pretty sure that none of them actually okay we'll do that

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and we'll ask mr masters if you can advise your witnesses to give us something new and different

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rather than repeat over and over maybe well i also for sure mr chairman but i also want to do

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an opening as well um so my first witness is going to be kayla frank jenkins who's my client

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she's the owner of 1741 north crossby a member of rco saint elizabeth and a committee person in the

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32nd ward we will next call priscilla bennett who's the leader of rco saint elizabeth uh then

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let's call them up one at a time rather than just call number one let's get um yeah so kayla um

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franks jenkins can you raise your hand to be recognized

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you can unmute yourself okay good morning good morning ms jenkins please spell your full name

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a-a-l-a last name is hyphenated it's f-r-a-n-k-s dash j-e-n-k-i-n-s and your address

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1741 North Croskey Street do you swear or affirm to tell the truth the whole truth nothing but the

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truth yes and I will also like to state that Ms. Mary cannot be here right now she has class

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you have to testify on your behalf ma'am okay Mr. Masters sure um let me just um just to give

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you a little brief opening Mr. Chair and members of the board um the applicant here cannot legally

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established hardship and and this is why as the record indicates they applied as of right for

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building these four multi-family dwellings without any front-loading parking spaces and they were

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awarded both a zoning permit and a building permit to build those and they have in fact

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constructed those buildings this is now they are now not able to come to you and say that they have

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any kind of legally recognized hardship. I'm going to object.

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There's no objection to an opening. I'm sorry. I don't believe, Mr. Minister, I don't believe

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they're claiming a hardship. They have to claim a hardship. They're asking for variances.

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Well, let's go. This goes back to something that this board and I guess previous boards have always

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been accused of. There aren't too many cases in this city of Philadelphia

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that anyone can really establish a hardship. Do you agree on that?

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Well, Mr. Chair. Let me ask you this way, and I don't want to get into a debate with you,

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I'll end with this. An applicant comes before this board and they want to create a daycare

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center in their home. The board may grant it based on community input and the district

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council person's recommendation. Is there any hardship? Is there a hardship for that

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person who wants to apply to create a daycare center within their home?

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well you're asking me a hypothetical that has nothing to do with this case no no it's a reality

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because i'm going to be in front of you soon on a daycare center um myself so um mister i understand

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that yeah and i it's a legitimate question is there a hardship there can be depending on how the

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is there a hardship there can be depending on how the configuration of the property is if

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if the property was built out to be a daycare center sorry i need one at a time thank you

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i'm sorry it's a single family home that someone wants to establish a daycare facility within

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is there a hardship the answer is no you don't have to answer but it is

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and i'm only saying that because i want to put that on the record i'm a little bit excited right

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now and i apologize that this board gets accused of approving variances because and we're approving

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variances where the applicant does not demonstrate a hardship there aren't too many there are a

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handful of cases in the city of philadelphia that this board handles here's that would probably

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qualify for a hardship so let's let's move well tomorrow tomorrow i'm going to be in front of you

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mr chair with a hardship um yeah i'm sure it is a heart you'll figure a way of saying it's no no

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it's it's a waterized place in a little shed and it can't be used for a house so it's definitely

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a hardship well maybe i said there a handful let's go forward okay please continue mr masters you

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cannot mute yourself and i'm sorry anyone who isn't speaking for the accuracy of the record

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could you please mute yourself thank you yes um so so members of the board we we view this

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as a bait and switch as as Mr. Holloman has called out previously in this hearing the applicant

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applied for an as-of-right permit for these for these apartment buildings and now they're coming

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in front of you and saying like well now we decided it would be a good idea to have some

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parking and as you're going to hear from the testimony of of our witnesses um and and as as

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we agree with Mr. Holloman that the the reason the zoning code says do not put front-loaded

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driveways and curb cuts onto a street like north 22nd is because of the traffic dangers and the

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and the negative impact that it has on the inaccuracy of what you're saying the code does

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not say that the reason for that is based on traffic i didn't say the code but you're this

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is argument and i and you can't object to my argument i'm talking about a proof of of

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offer proof of my witnesses so i didn't i didn't interrupt you rachel and i would really appreciate

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that you would show me the same courtesy let's let mr masters complete his uh opening statement

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please thank you we have a letter of opposition uh in exhibit one from council president clark

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um he writes that um he opposes the granting of the variances um he's in receipt of the letter

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from the saint elizabeth's rco that we'll look at shortly um there's overwhelming community

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opposition to the creation of these four curb cuts the proposed driveways will disrupt the

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pedestrian right of way jeopardize the safety of neighborhood residents making their way to the

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nearby rec center health center there's a senior center and septa bus stops these additional

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driveways will also create unnecessary traffic congestion along 22nd street and there is no

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hardship in exhibit two we have the rco letter from saint elizabeth and that states opposition

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to the zoning applications. 22nd Street is the home to residents, the MLK Rec Center,

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SEPTUS 33 bus. In the 250-yard radius, there's countless residents. Bentley Hall,

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which is a very large senior housing facility from PHA, all of that is in the radius of those

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institutions. The impact of these front-facing driveways will negatively affect traffic and

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pedestrian walkways interrupt the sidewalk making it less safe for pedestrians including many seniors

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to walk to Cecil B. Moore Avenue and to catch those buses and pedestrians going to the rec

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center and the wellness center. Finally we have a letter from the 47th ward expressing opposition

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to this application for variances, and it uses much of the same rationale that you saw in the

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St. Elizabeth RCO. So, Ms. Franks Jenkins, I wanted to ask you if you took around a petition

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around this. And is this the petition that I'm starting to show that you took around?

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Yes. And are we going to be seeing 99 signatures on this of your neighbors who are opposed to this?

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Okay. So walk us through this petition and tell us where you went and what kind of reception

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you got when you talked to the folks about this project. So I went, I was basing it off of the

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250 yard radius. So I started on the 1700 block of 22nd Street.

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I also went to Bentley Hall. I also went to the Martin Luther King's

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I also went to Bentley Hall. I also went to the Martin Luther King's Recreation Center.

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I went to every owner. I went to every renter that I could find. I picked up more people along

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the way. Some people work. A lot of the older people I had to get in when I could, when I

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could catch them coming into Bentley Hall because a lot of the issue at that time was COVID. So I

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more or less went on Mondays and Fridays and whenever I could to get all of the signatures

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that I could get. I also worked with Ms. Denise, who I believe is the residential president of

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Bentley Hall. So she also helped me get the petitions. I also went outside of that radius

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of 250 yards because we in the community feel as though just because the 250 yards is a thing for

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the RCO, we're represented by everybody that comes through that area. So I also got people

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from the 1800 blocks of 22nd street. And some of those people are from New York. And the

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overwhelming concern was not parking, but the safety. And we also have exhibits where

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the safety issue is now more of a concern more than ever, especially from our older people.

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All right. Now, you also took some photographs of this project and the surrounding areas. Is

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that correct? Yes. Okay. So in this exhibit, we are looking at the intersection, I believe,

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of Cecil B. Moore and 22nd Street, North 22nd Street. Yes. So on the right side of the street,

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that's the Martin Luther King Recreation Center. And on the left, you can't really see it, but

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that's the church. And there's also a white building. And I also have a petition signed

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from the people that live in that building also. Okay. All right. What do we see? And it's also

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the stop where the 33 is i apologize all right what are we seeing in this next photo so where

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that lady is standing that's where the 33 bus stop is there's a community garden across the street

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and then you can't really see it because of the car there's also another community garden

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and where are the where are the projects that uh the the properties that are at issue today

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are they right yes and then the community guard and they sell fruits and vegetables i'm not gonna

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to lie, I cannot remember their schedule, but they definitely sell fruits and vegetables.

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Okay. What are we looking at in this photo? So to your left is Martin Luther King Recreation

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Center, and to your right is the Stephen Klein Wellness Center. So they do dental services,

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wellness center, and I think they have a gym, and I think there's doctors in there also.

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How far are these two institutions from the properties that we're at the hearing about today?

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So Martin Luther King is in the 250-yard radius, but the Kline Center is not. The 250-yard radius stops at the Martin Luther King Center, but somewhere in the middle of the street, it stops.

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Okay. And what are we looking at in this photo?

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So the one building that you see that's white, that's the only owner-occupied building.

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On North 22nd Street?

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Yes, it's at the corner 22nd. The seats will be more.

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And then you can see where the 33 is.

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And the other thing that I forgot to mention is on the one picture where the big community garden was, that's also where the three bus runs right there.

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So on the opposite side of the street where the lady is standing, that's where the three bus also runs.

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And then right there on that side of the street, I'm sorry, where that car was, that's where the opposite, where it goes towards Fairmount.

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Okay, so there's a lot of buses that are right at that intersection.

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Right. It's three major buses. Okay. I mean, I'm sorry, two major buses, the three and the 33.

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And that's the 33 in this photo? Yes. And that runs every 15 minutes unless things change because

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of COVID. All right. Now in these photos, this is going to be the trajectory of the construction

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of the apartment buildings? Yes. So that was before a ground was broken. That shows where

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the original curve was I should say sidewalk and curve January 2021 original sidewalk no construction

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yes okay and this is June 2021 yes

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and here we see um what what is this concrete pad that we're looking at here in this photo

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so everybody in the community wasn't aware of the previous design but we took it as though it was a

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driveway we weren't 100 sure until the above picture came into play that it still looks like

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The above picture came into play that it still looks like a driveway to us.

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driveway to us

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So you're saying that while they were constructing these buildings, they were also altering the sidewalk?

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Yeah, so it's other pictures where you can see where the sidewalk was dug up.

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There is one sidewalk that's still completely not done.

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This picture was just to show you where, was it 1720 sidewalk used to look like?

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okay and there's more pictures where that has been dug up and it's been like that for weeks

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and that is the picture of what it looks like now and it actually looks worse because i think i took

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pictures yesterday where you can actually see where the water puddles is and that's where they

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were redoing the sidewalk so in some spots it's sloped it's almost like the sidewalk when they

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poured it they met it where the original i want to say cobble brick from olden days are so if

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it's like let's say it's like a two foot uh marble brick if at one spot it's like a half an inch high

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that's where they met it but if at the other end is two inches high that's where they also met that

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part at and i have close-up pictures where you can see where the sidewalk basically met wherever

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the curb was all right and it's with the residency and this is one of the new constructed um apartment

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yes okay yes and this is where the parking is going to be in here where this car is yes

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so they're already parking there um that's the way it looks i do i will admit that i saw

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speculation and okay i was i wasn't even i wasn't even i literally said that they are

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transporting materials i apologize i wasn't trying to speculate i was going to say that

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i do see them bringing in materials as you can see there are times when there are cars there

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