civus
Hearing video

ZBA Hearing - October 4, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 4, 20234h 20m

Okay, Chair, we have 43 attendees and counting.

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You can proceed as you wish.

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Thank you.

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Good morning.

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My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is our vice chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our board member, Thomas Holliman.

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Mr. Holliman is here.

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And our board member, James Snell, who's just checking in.

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Also present is Hillary Emerson, our attorney.

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And also our executive director, Tanya Sunken.

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Here's our virtual format.

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Be advised, the proceedings are being recorded.

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The video will be available by contacting tonyasunkett at fillet.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question and answer box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at today's list.

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Sorry, Chair. I'm here.

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Thank you, Jim.

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Number one, MI 2022-004-386-4067 North Free Street.

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I understand there may be a request for continuance.

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I need a representative, Haiyong Bach or David Chandler to please come on.

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Hi, good morning, Chair.

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This is Doreen Blakey, and I will be your co-host this morning.

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Hi, Young Bach or Mr. Chandler.

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Can you please raise your virtual hand?

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There are no hands, Chair.

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MI 2022 004336 4067 North 3 Street.

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This case is continued.

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Mark must be tried.

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Number four, MI 2023-002-937, this property was not properly posted, the case is continued.

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Number 12, MI2022, 004-234-6729 Elmwood Street.

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Joseph Maley is the attorney.

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There is a request for contingence.

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Would Mr. Maley come on, please?

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Joseph Mellie, if you're in the audience, please raise your hand.

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Chair, I have C.L. Morton with a hand raised, a hand just went back down.

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Okay, let's see who that is.

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It went back down, and I see no more hands.

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Wait a minute, Craig, sorry Chair, Craig Melodosian and a call-in user.

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I will allow Craig Melodosian to speak first.

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Well, let's get the call-in user.

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Let's see if that's the attorney first.

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Okay.

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Call-in user, you're allowed to speak.

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Please unmute yourself.

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Could you state your name, please, and spell for the court sonographer?

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Yes, it's Adria Fernandez, F-E-R-N-A-N-D-E-Z, R-C-O.

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wait a minute are you for this we're at 6729 elmwood avenue um i have a question about number

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four because the address wasn't given was that 20 can you please give the address before you

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finish the continuous as it said no posting said number four is 5610 lancaster avenue

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okay thank you sure and mr chair just to clarify for miss fernandez it's not that the property

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wasn't posted it was not posted with the proper documents that's why it was continued

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That's why it was continued. Okay. I was waiting for another address. I'll just wait. Thank you.

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okay i was waiting for another address i'll just wait thanks

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Chair, I have Craig Melodosian, I will allow you to.

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Mailey, we have no one responding for number 12. Am I correct?

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No handshare except for Craig Melodosian. Okay. Bring Mr. Melodosian.

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Mr. Melodosian, you're allowed to speak.

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Good morning.

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Good morning, sir.

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Just for the record, state your name, please.

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Last name Melodosian, M-E-L-I-D-O-S-I-A-N.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Proceed, sir.

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I'm the coordinating RCO.

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We have no opposition to the continuance.

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uh there's not been a community meeting uh or even engaging with the attorney uh

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we would again we have no problem with uh a continuance we had recommended to them that

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they be the moving party but i'm not sure what happened and why they didn't respond in that

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fashion mr meladozian thank you very much but uh this continuous had to be requested by the

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attorney in person today. So MI-2022-004-234-6729 Elmwood Avenue. This is the third listing.

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I vote to dismiss. Thomas Holloman, my vote is to dismiss. James Snell, my vote is to dismiss.

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Thank you. Number 13, MI 2023, 003-011-906 South 49th Street. This case is continued. It's the first listing. Are there any other requests for continuances?

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Chair, I have a hand up. I have two hands up. One from Andrew Goodman and the other Joseph Consol. I will allow Andrew Goodman to speak.

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Let's go. Mr. Goodman first, please.

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Okay.

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Good morning, Mr. Goodman. State your name for the record, please, and spell it.

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Andrew Goodman, A-N-D-R-E-W-G-O-O-D-M-A-N, here representing the office, third district

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council member, Jamie Gaudier.

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

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Yes, I do.

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What case, sir?

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We actually may have our hands raised for the same one, 5652 Windsor Street.

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Six.

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our office would like the opportunity

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to kind of help

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conduct further meetings between the applicant

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and near neighbors

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let me check

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Hillary what number is that

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that's number

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seven Mr. Chair

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thank you

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is mr let's bring mr yes i was gonna say he's he's here as well so let's bring him on

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mr good morning mr console could you state your name please as spell for the court sonographer

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joseph console j-o-s-e-p-h-c-o-n-s-o-l-e right do you swear or affirm to tell the truth the

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whole truth nothing but the truth i do board the council purse uh persons uh andrew goodman has

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that have requested a continuance for this.

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Are you okay with that?

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Yes, we concur.

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Okay, thank you.

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So MI 2022-007-349-5652, Windsor Street,

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this case has been continued.

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Are there any other requests for continuances?

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Yes, Chair.

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I have a total of three more hands up.

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The first one is Sherry Cohen.

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I will allow to speak.

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Okay.

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Could you state your name, please, and spell for the court stenographer?

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Yes, Sherry Cohen, S-H-E-R-R-I-E-C-O-H-E-N

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Right, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes

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What case are you calling about?

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I'm calling about 5600 North Sydenham Street

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Okay, I hear that, let me get it up

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okay um what what's your position are you connected dennis are you are you the owner

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uh no i i'm a near neighbor

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mr chair um sorry to interrupt um yeah so we have a request for continuance for for this case from

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a concerned community association and i see they have their hands raised the council office and

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The council office and the attorney for this case also have their hands raised.

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the attorney for this case also have their

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hands raised.

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Let me bring the council for the, let me bring the attorney on first.

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Mr. Bove.

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Good morning, Mr. Chairman, members of the board.

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My name is Darwin Bove.

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I'm at 1500 Market Street.

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Yes.

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

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Yes.

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I always do. We have someone apparently requesting continuances for this.

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And it's a somewhat misguided request. We've been working with the coordinating RCO,

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which is different from this RCO. This is under the guidance of the council office.

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I believe Mr. Richardson is on the line as well and can confirm this. And I think this is a situation where you have a property seeking relief when it's abutting another community. And that's where we are.

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So you're against the contingency?

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We are against it.

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Is Mr. Richardson on?

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Mr. Chair, can we first hear from the RCO who's requesting the continuance?

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Sandra Broaddus is here on behalf of a concerned community association.

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Thank you.

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Sandra Broaddus is allowed to speak.

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Please unmute yourself.

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Good morning, Mr. Chair.

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Good morning.

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Could you state your name, please, and spell for the court stenographer?

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Yes, my name is Sandra Broadus, S-A-N-D-R-A, last name B-R-O-A-D-U-S.

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

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I do, sir.

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And are you the coordinating RCO?

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No, I am not.

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We are an affected RCO.

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Okay.

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Well, why don't you want to give me your position here?

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Our position is for as long as there were RCOs, ACCA has been the coordinating RCO for this area.

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It has since been, cases have since been assigned to Oakland Worcester, which is in fact Charles Richardson, who is representing and coordinating that RCO.

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So when that transition happened, cases, many of them, did not go addressed for over a year.

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This one, 5600 Sydenham Street, is one of them.

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We understand because we have suffered through the misscheduling and delay of the cases as the community,

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the actual organized community where there are actually community members that get together and

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meet and talk about the process. We have been subjected to the delays. We have sent requests

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on behalf of this applicant trying to get this case heard. Given all the confusion and debacle,

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there was an attempted meeting with the applicant that failed back in August. There was one

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community member who is Sherry Cohen that attended by invitation of ACCA. And it was,

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there was no presentations and nothing to present, no community members, and it was agreed that the

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case would be continued. The understanding was that given all the grievances that were available

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from the community that the community would have an opportunity to negotiate some terms with the

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applicant. Since then, we have not been contacted. The community has not been involved. And so the

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community on its own have put together their concerns. They are before you now in the report

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that we sent to the council office and oak lane worcester and we would like an opportunity to meet

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with this applicant this case should not just be pushed forward because they've been inconvenienced

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we've been inconvenienced too all right thank you very much is mr richardson on the line

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yes chair mr richardson you're allowed to speak morning mr richardson

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Charles Richardson, Office of Councilwoman Cindy Bass, room 508 City Hall.

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R-I-C-H-A-R-D-S-O-N.

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Right. Do you swear for them to tell the truth, tell the truth, nothing but the truth?

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Certainly do.

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What's your position on this case?

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What's your position on this case?

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Position on this is they should be able to go forward if they choose to go forward.

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My position on this is they should be able to go forward if they choose to go forward.

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There was a meeting.

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There was no near neighbor.

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Mr. Cohen lives outside of the 250-foot range and was not included on the mailing that took place.

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And, again, with regard to ACCA, they were used to being in charge of everything over in that community, essentially running roughshod over a lot of folks.

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But since that point, there was a new RCO that did come online who is under Sharon Milburn Carter, who is not myself.

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So, you know, Ms. Brodus is a little bit far-fetched with regard to what she's trying to put out there.

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We feel that they should be able to, if they want to go forward, they should go forward and let the chips fall where they may.

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All right. Thank you. Mr. Bovek?

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We would like to go forward.

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Case will go forward. Everyone will have a chance when I open it up to the community. Thank you. Any other requests for continuances?

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I have Karen Cromartie

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with her hand raised

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