civus
Hearing video

ZBA Hearing - July 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20213h 38m

no no no is there anyone in the virtual audience

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no further hands at this time okay planning commission

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thank you madam chair ian hegarty for the philadelphia city planning commission

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in 2018 the zoning map was amended from rm1 to rsa5 at this location in accord with

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recommendations from the comprehensive plan and with the support of the community

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With regard to the refusal for front yard setback, we recognize the block contains a mix of setbacks

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and that strict adherence to the setback requirement would constitute an unnecessary hardship for the applicant.

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However, with regard to the front-loaded parking, the applicant's hardship claim is not supported

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with evidence of unique physical circumstances or conditions of the property

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and rather relies on existing non-conforming conditions of adjacent properties.

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The Commission strongly opposes garages on the sidewalk, as you've heard me say before, because of their impacts to safety and the public realm, regardless of adjacent nonconformities.

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The City Planning Commission would recommend that the Board grant the variance for front yard setback, but deny the variance for the front garage and curb cut on this property.

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Can you repeat that for the front yard setback you're okay with?

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that's correct the planning commission recommends that the board grant the variance for the front

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yard setback but deny the variance for the front loaded parking thanks and we would just note that

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now for the record that that's would be a wash because currently they park you know in the 30

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foot setback uh you know we're not taking we're rather than putting two cars on the street we're

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putting them in garage this is the the housing directly across the street and you'll notice that

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this particular block has a series of off-street parking. Thank you.

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Right. The RCO, what is their position on this?

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They said they were mailing a letter to the zoning board and we met with them. I didn't hear

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any opposition, but I didn't want to represent to them. We've requested a copy of the letter

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at least three times in the last two weeks and I didn't see it. So I either assumed that they

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didn't send it or that it would be with

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the zoning board.

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Do we have anything?

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I don't have a copy.

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The RCOs don't always copy me.

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Ms. Sunkett,

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do we know if there was one submitted to the

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RCO ZBA mailbox?

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We can check,

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Ms. Saletta.

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Okay.

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Would you like to hold this vote

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until next week, Madam Chair?

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Yes, I would.

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I don't know how to get a letter.

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I've been knocking on their door for weeks.

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If there is none in the RCO mailbox either,

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Mr. Perry, if you could just email me the name of the RCO

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and maybe I could contact them.

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It's United Francisville.

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Okay.

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And I'll send that to you.

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Is this Tanya?

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Okay, I'll send that to you, Sharon.

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Okay, thank you.

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So calendar number 1476, 731 North Uber Street, we'll be holding that.

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Thank you very much.

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Thank you very much.

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This concludes the 930 hearings.

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Is there anyone else in the audience who feels that they've not been heard or would like to say something?

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I see no further hands at this time, Madam Chair.

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Thank you, Mr. Hand.

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I will see everybody back at two o'clock.

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Okay, Madam Chair, as you wish.

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Okay.

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Thank you.

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Good afternoon. My name is Carol Tenere, and today I'll be the Acting Chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with Board Secretary Confessor Plaza and Board Members Thomas Holloman and James Snell will be joining us a little bit later.

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board administrator tanya tanya sunkett and board attorney sharon saletta are also in attendance

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and there is another attorney rebecca cole who is present for those of you who haven't yet

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participated in one of our virtual hearings i'll go through some of the basics of what you can

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expect first we will be administering oaths to individual participants prior to their testimony

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Second, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge

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that this proceeding is being recorded and that by participating you acknowledge your agreement

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to be recorded. This is available to the public and it is also on the web. Third, for anyone

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participating by phone, if you wish to testify you must raise your hand by hitting star nine

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then star six to unmute yourself. That's star nine then star six to unmute yourself. To enter an

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appearance statement, call 267-270-5548 and leave your email address and address of the property

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at issue. The number again is 267-270-5548. Fourth, and very importantly, the question and

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answer box is not for testimony. Any comments are to be directed to Ms. Tanya Sumpkit.

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And now I will proceed with the continuance we have.

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Calendar number 1682-4520-40 Worth Street is continued.

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Does anyone object to that?

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You know what I'll do?

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I'm going to pull all the continuances and withdrawals.

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and if anyone objects, they can then raise their hand.

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The next one is number nine board 0591

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is the calendar number, 817 Ellsworth.

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That's also continued.

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Are there any objections?

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And if so, please raise your hand.

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I see that Madam Chair.

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Thank you, Mr. Hand.

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are there any requests additional requests for continuances

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or withdrawals if so please raise your hand

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Mr. Mattione has his hand raised I will allow him to speak at this time okay great

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Michael Michael not allowed to say Michael um Mr. Mattione Mr. Mattione

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name and address please and spell your last name and i'll swear you in certainly michael

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mattioni m-a-t-t-o-n-i federal reserve bank building 100 north independence mall suite 5a

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northwest philadelphia 19106 and it's do you swear for oh sorry do you swear from the total

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whole truth and nothing but the truth i do i apologize for interrupting are you here for

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4140 West

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Girard? Yes, yes.

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We met with the RCO.

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We made changes, but we want to talk

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with them again about a couple little

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changes to the plans because we just

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got a letter from them yesterday, and we want to

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go meet with them one more time and

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make sure they're on board with the project.

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And the letter, the

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indication I have is that they are,

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we have letters of support.

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So that's calendar number

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MI-2021

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21-001687, 4140 West Gerrard Avenue.

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This case is continued.

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Is there anyone in the virtual audience on this case?

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To no other hands, Madam Chair.

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Thank you.

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Thank you, Mr. Mattyoni.

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are there any other requests for continuances

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no further hands at this time madam chair calendar number 1686 1212-20 marlboro street

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the attorney is catherine missimer and we have a fishtown neighbors association rco letter of

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I'm Ms. Catherine, Mr. Merr, how has been promoted to your panelists?

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Hi, Ms. Mr. Merr, can you put your name and address on the records by your last name and I'll swear you in?

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Yes, it's Catherine, M-I-S-S-I-M-E-R, 1835 Market Street, Suite 1400, 19103.

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

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I do.

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

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I do.

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And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal or referral,

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photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO?

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And do you have a letter?

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And do you have a letter? Yes. And as I mentioned, we do have an FNA letter of support for you,

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Yes.

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And as I mentioned, we do have an FNA.

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so you may proceed. Thank you. I'll go ahead and share my screen. Thank you. Can everyone see that?

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Yes. Great. As I mentioned, I'm here today on behalf of 1212 Marble LLC and Fishtown Montessori

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School, which is the tenant at 1212 to 1220 Marble Street in the Fishtown neighborhood

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of Philadelphia. We're here with an application for an adaptive reuse of the existing stone church

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building on site as a child care center. With me today is tenants representative Denise Petrino,

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who is head of school for Fishtown Montessori, as well as David Whipple, the project architect.

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As you can see from your packages and hopefully on your screen, this project has overwhelming

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support from the surrounding neighborhood. First thing you can see is a letter from Fishtown

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Neighbors Association. We met with the RCO and they've provided their support. We also have a

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petition as well as several individual letters of support from neighbors. We do also have a petition

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with 80 some signatures on it. This is the zoning site plan. The only addition proposed to the

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existing structure are two play structures that would be in the yard for use by the child care

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Center. Fishtown Montessori has operated an existing child care center in this neighborhood

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for the last four years. They're located on Girard Avenue between Marlboro Street and Oxford.

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So this would be right down the road from the existing location. Where will the kids be dropped

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off? If you look directly in front of the building, there's an existing curb cut there which will

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remain. And 85% of our families do walk or bike to the existing location. So we really don't have

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a need for an ongoing parking situation. Additionally, because of COVID, we've staggered

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our drop-off and pickup timing so that there's not a mad rush of students and families arriving

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at the school. Thank you. The program enrolls children from ages two to six. And because of

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its vast success on Girard Avenue, we're proposing to add a second location here in what we think

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is a perfect setup, a vast church building with large lush grounds. I want to show a couple photos

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of the interiors to understand what the space provides. This is the existing interior of the

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church. The beautiful beams and all will stay and we'll just basically adaptively reuse this space

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again for the child care use. It's a creative way to bring this building back to a community resource

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because the prior owner did attempt to use it as a single family home, but the estate has advised us

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that they really have had no interest since his passing and use as a single family home. And again,

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because of its setup, it does lend itself very well to this long-standing community use.

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so this property is actually zoned RSA 5 which would require a single family that's generating

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the refusal we also did receive a refusal for the proposed playground structures in the yard

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as that would technically necessitate two structures on one lot again no separate

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structure is proposed it's just playground equipment for the students to use while they're

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in school another benefit here and you can see it in some of the posting pictures is that there's

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lush landscaping here so we will be able to offer the students both active outdoor play as well as

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some opportunity for gardening which can be very educational obviously and lend itself very well to

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the Montessori program. Catherine what are the days and hours of operation?

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It's operating five days a week as a traditional school would and I believe Denise Petrino is on

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she can speak to the hours. But again, we do have staggered drop-off and pickup times,

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which I think alleviates any of the proposed congestion that a typical school would provide

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in a set drop-off time. Okay. I have one more question. Wait one second. I have one more

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question. There are two areas for play for the kids and are they behind the fence? Yes.

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So they're totally secured? Correct. Yes. Okay, great.

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And if you'd like, I'm sure Denise can speak to the hours.

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But again, historically, being that this was used as a church, probably Sunday school child care in the past,

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the neighbors really support this proposal and think it's a great way to sort of bring this church back to life in the neighborhood.

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Okay. Does the board have any questions on this?

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No, no, no.

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I would just ask Denise to be promoted to panelists.

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Denise, can you put your name and record address on the record?

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Denise, can you put your name and address on the record?

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Thank you.

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Does she need to present or something? This is Tanya.

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I just need her to adopt my testimony.

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Okay, so she doesn't have to be promoted, Jason. She could just give audio.

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Thank you.

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What is her name again? Denise? Petrina?

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Petrina.

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Ms. Petrina, please raise your virtual hand.

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so you may hear it she's been allowed to speak hello this is denise vitrino thank you for having

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me today hi can you please spell your last name it's s as in sam p as in peter e-t-r-i-n-o

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do you swear or firm to tell the whole truth and nothing but the truth

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i do okay and now your attorney denise have you heard my testimony today yes i have

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would you agree that it's true and correct yes would you adopt it as your own i would

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thank you we have nothing further unless the board has additional questions

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thank you is there anyone else here to testify

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can you hear me

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I can hear you.

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My further hands.

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Thank you. Planning Commission.

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