civus
Hearing video

ZBA Hearing - July 14, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20216h 15m

four stories they're only 38 foot yeah so you're with you didn't you didn't go beyond the 38

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don't mean it's going to be higher i know that's why i'm asking is it 38 feet yes correct and what

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you're proposing is 38 feet yes correct i just want that for ms goslow to understand that 38

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feet is a is a buy right yeah you're not exceeding that okay thank you all right uh any other

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questions out there anyone else have any questions or comments please raise your hand

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i see no hands chair thank you planning commission

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uh ron bednar city planning it's r-o-n bednar b-e-d-n-a-r we're in firm to tell the truth

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the whole truth nothing but the truth i do thank you please proceed uh this property is indicated

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for residential use on the city plan we recommend the crescent variance for rent

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Thank you. MI 2021, that's 000031, 101 Emily Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you. MI 2021, that's 001256, 128 East, Phil, Eileen, Melina Street, E-L-L-E-N-A.

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Henry Clinton?

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Henry, we see you, but we can't hear you.

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Mr. Chairman, I'm here. How about now?

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Good. Henry, before you begin, is Springer Street different? Is that a separate case?

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Yes, but it's back. It was one lot and it's subdivided. So it's going to be the same house

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will be built on Springer Street and Philolanda Street. So I'm presenting them in one presentation

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because all the issues are the same. That's why I want to know, so I'll read that in. MI 2021,

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that's 001257141 East Springer Street. Those two cases will be joined.

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141 East Springer Street.

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Those two cases will be joined.

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All right.

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Thank you.

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And I think you were on earlier today.

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Yes, Mr. Chairman.

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You're still under oath.

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Carol?

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Yes.

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Can you put your name and address on the record and spell your last name, please?

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Henry Clinton, C-L-I-N-T-O-N, Queen Memorial Building, 1313 South 33rd Street, Philadelphia

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PA, 19146.

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Thank you.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance,

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refusal referral, photos, and plans of the property five days in advance of this hearing?

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And have you met with the RCO, and do you have a letter?

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Yes, to all the above.

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Thank you. You may proceed.

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Thank you. May I share my screen?

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Sure.

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all right here it comes coming up

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is that visible

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yes yes okay uh these are two properties back to back and as i said to the chairman at the outset

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I'm going to present them together because the issues and the refusals are basically the same

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with one minor deviation. This is my table of contents containing exhibits AA through

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A, let me get to the bottom there, through A10. These are my appearance statements for each

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project, Phil LaLana, as well as for Springer Street. Here are the refusals. There's no

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issues with regard to height, open space, rear yard. The refusal is simply that in this zoning

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district, there's a minimum five foot wide side yard between the houses. And because of the

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configuration of these lots, the one house on Philolena Street is only four and a half feet.

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and so it's six inches off the required five feet which we consider the minimus or minimal

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and the other refusal which I'll show you is for Springer Street and it's the same issue

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a minimum side yard width is five feet and we have three and a half feet and that's because

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when I show you the plan for that particular lot there's an offset in the lot so the first

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20 feet or so are only at three and a half feet, but the remainder of the lot, which is 75 feet

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deep, does comply with the five-foot requirement. So I'll move through the presentation. We do have

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a letter of support for both projects from East Mountain Area Neighbors, and there are a number

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of provisos that they've asked for. We have agreed with all those provisos. The change in plan

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for each project is that there's been a reduction in height and that's why I'm asking the board if

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they look kindly upon these applications that we have one page uh stamped today the proviso sheet

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as well as the plan. And I believe Mr. Clinton that the only proviso if you can go back to those

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that are enforceable through us would be the not to exceed 32 feet in height correct and that's why

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that's the only thing i put on the provisional sheet and the rco mr jeffrey hayes i believe is

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on the call and he does understand that but my client has agreed to adhere to the requirements

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as laid out in this letter that the height does that change the plan in any way was a revised plan

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Yeah, there's a revised plan for each project, one page.

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One page, each, okay.

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And the proviso form, both of which were sent to Attorney Saleta last week.

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I'm sorry, thank you.

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That's okay.

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And then this is the support letter for Springer Street.

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You have one for Springer as well as for Solana.

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And the requirements are the same on both projects.

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So, again, to give the board some perspective, Phililena is in the forefront here, and the

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back street, which I'll give you another perspective, is Springer Street.

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Right now the lot goes from Phililena to Springer, and that's why the lots are back to back.

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Another aerial view, it's a vacant lot right now.

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I don't know how long it's been vacant, but I think the members of the community are well

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are well familiar with how long it's been vacant. These are just photographs to give

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familiar with how long it's been vacant.

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These are just photographs to give.

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perspective on the lots. This happens to be a photograph just to show the board of

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my client's house is 128, which is to the left of this existing house. This is 126. So right now,

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this is the distance between the two houses that have been in play for a long time. And that

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distance is roughly 10 feet. Again, there's only posters that indicate that we did post

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the property and post it properly on both sides. The plan, I think this is the most significant

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plan, and I'll blow up the plan on the left. So the plan on the left is showing the lot

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as is, which is about 150 feet deep, if you can see that. And this photograph, or this

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plan, shows how we basically took the lot and just divided it in two. This is Philalena,

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and this is Springer. The same house that is built on Philolena will be built on Springer Street.

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It's a mirror image. These are the proviso sheets. Again, there's one for Philolena and one for

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Springer. These are the floor plans, there's three stories, no roof deck, no basement.

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This is the elevations, all the homes, most of the homes in that block you enter on the

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side, not through the front. And again, this will be the same elevation on the front of

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Phililena as on the front of Springer Street. I have tax certifications, all the other pro

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forma documents that are required for this submission, my project information form, my

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notices of appeal. Again, the zoning map to show you this is zoned RSA 5, and we're complying

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with that in terms of the single family house. And I do have one witness on the line. These are

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my zoning notices and certifications that everything was mailed and we met with the RCO

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on several occasions. So I don't want to belabor the point, but basically we have two individual

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homes, two single-family homes and two single-family lots.

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We're asking for de minimis relief on the side yard

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so that the houses will have 16-foot fungers.

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Do you have a client to adopt your testimony?

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Yes, I do, Mr. DiCicco.

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Angie?

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DiGrusa?

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If she could be unmuted.

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Hi, everyone. How are y'all?

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Please identify yourself. Spell your first and last name.

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Angela Gresso, A-N-G-E-L-A. Gresso, G-R-U-E-S-O.

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

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Yes, sir.

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Thank you. Mr. Clinton.

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Mr. Gresso, were you on the Zoom call when I made this presentation concerning the lot on Philadelphia and the lot on Sprinter Street?

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yes sir okay i also uh real quick want to state that the owner is on the call as well okay um and

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if you had the opportunity to testify would you adopt

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my testimony as your own and that's true and correct

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yes sir i do all right thank you questions from the board no

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anyone else to testify in this case please raise your hand

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chair we have cynthia devoe please unmute yourself and please wait for the chair

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good afternoon ma'am please spell your full name for the record and i'll swear you in

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good afternoon cynthia c-y-n-t-h-i-a devoe d-e-v as in victor o-e you swear affirm to tell the

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the whole truth nothing but the truth yes please proceed chair i have a petition here from the

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neighbors on our block as well as other um blocks on the neighborhood it says we the undersigned

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oppose the development project at 128 east filolina street as well as 141 springer street

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the construction of the new home will block the view of the nearest neighbors it will block the

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sunlight, the developers have destroyed existing properties to the nearest neighbor's home.

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the developers have destroyed existing properties to the nearest neighbor's home as well as their

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construction and they are non-responsive to the concern of the residents who are ingenious to the

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block and the neighborhood therefore we request that the council member cindy bass and the

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philadelphia zoning board oppose this project until concerns of the nearest neighbors who are

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directly impact it by the project are addressed now chairman we have um they have been putting

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up these houses this is the first time that we have been in one of these zoning meetings

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there was no zoning prior to this put up for the other houses that was built we had no contact or

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knowing how to go further we've been to our council uh woman cindy bast and everything but

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No one did anything at the time. Also, the inspector, John Leck and John Daugherty,

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they have been in charge of covering up everything when we try to get in to speak to someone.

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So I appreciate you allowing me to speak. There is damage done to several of our homes on this

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block due to construction. Before this construction can proceed, we would like to ask that they can

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address that as well as guarantee that our children, for one, will be safe. They have jeopardized

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children's lives. I have pictures of how they left all the trash and debris out on the sidewalk.

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Now, I understand these are different projects for these houses, but they are the same people

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doing the construction. I have followed around in the neighborhood and seen the construction

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they're doing. They're the same workers, and they all are familiar with each other in this group of

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these projects are building these homes. They also are putting commercial stairways on the front of

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these houses, which is not safe for anyone. And some of the buyers are not aware that these are

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commercial stairs in front of the home. Also, they have not did any showing up property. They dug down

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three and a half feet below my foundation, and I have proof or pictures of that as well. And they

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have damaged my neighbor further down the street property as well. Now, the space that he's speaking

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about, the five inches between home, they have not left me my space, although they said they

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weren't. They also have pulled up the plaque, which caused me now to have water damage coming

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into my home, which affects my business. I have a daycare here. I'm a family daycare. I've been

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here for 20, I've been here for 30 years. I've been doing a daycare for 20. They don't speak to

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you when you try to communicate with them as well we have issues with communication they comes up

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you never know when someone's there working someone come in they're working now these houses

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have shut off my son the viewing for us to be able to see and and um when you and i can barely

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keep my blinds open because you never know when someone's in the house and the windows are so

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large on the side that it takes up my whole side if i walk from my dining room you can see me by

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walk in my kitchen you can see me so we have issues with them not even communicating on what

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type of building they are going to build and why they're building it also with the surveying the

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city has allowed resurveying to be done if you purchase something and you expect to have that

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property we don't understand how the city can resurvey the block to say that we are now on

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their property so according to them we are on their property i'm three inches on their property

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now on their property line now and according to them also my wall that belongs to my house that's

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on my deed is fenced into this property which will be the same situation over at 128 because once

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they build their house anything that she need done to that side of her wall she will not be able to

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get done because it's fenced in and you cannot go on other people's property to dig up and that's

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one of the issues. I have to have my wall. They did not paint the side of my wall, so the wall

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needs to be dug up and painted. I have an estimate for $12,000 to get that done. I don't have $12,000.

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Neither will Ms. Rebecca have it because she doesn't. She's a senior citizen, and she needs

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lighting in her place, and we need to know that she's still in there safe if something was to

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happen to her. She live alone. So we have an issue with these buildings going up so high,

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and we are not considered and our children are safe we also had a lady

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because they don't close up the holes and stuff as they're working

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a lady moved in earlier this year not knowing that it was a hole right out front on the sidewalk

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from when they dug up the hole to do the plumbing and they left it wide open so when it snowed it

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covered the hole and the lady never knew that it was a hole there because she don't live she

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that it was a hole there because she don't live she didn't live here at the time and she fell in

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didn't live here at the time and she fell in this six foot

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this six foot deep hole and someone has to pull her out so i have a video of that so we don't have

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clear safety issue um safety with these guys and i don't know who east monia we got the

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survey from because when we did our walk no one was in agreement and i have everyone

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name and addresses um that we talked mr roe did you attend the rco meeting we didn't get any um

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information on that. That's what I'm saying. Some of this stuff, and we have problem with

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mailing and stuff around here. We get mail on Sunday morning sometimes. We don't get mail and

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stuff on time. And they know we have issues. But no, I did not attend because I didn't know about

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it. And I didn't see the zoning. They have the zoning for that property so far back. I did not

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see that zoning. If Ms. Collin hasn't came over to ask me for help to do the petition,

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I wouldn't have knew that Zoni was there.

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Mr. Clinton, could you show us any photographs of the posting?

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Yes. Oh, I'm sorry.

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I'm getting there, Mr. Chairman. Bear with me. There's the addresses.

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Yeah, understood.

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Mr. Vaux's address, I assume, is on that list.

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