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Hearing video

ZBA Hearing - June 30, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 30, 20217h 12m

for a little indulgence here it's a it was a technical error and this is an under you know

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it's not opposed no one's opposing this it's a minor decking i'm i'm concerned with being

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a technical error because if you have any additional cases then this error is going to

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follow on to those cases madam chair can i make one request that if you do decide to go forward

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with this that it be moved to the end of the list so i have an opportunity to review the exhibits

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okay thank you i appreciate that

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calendar number zero nine six four thirty one thirty three landfill place is moved

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to the end of the list thank you um miss saletta do i call 14

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Okay, calendar number 0981, 5415 Cedar Avenue.

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The owner is Lisa A. Bethea.

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We have no exhibits for this case and it is the first listing.

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calendar number zero nine eight one fifty four fifteen cedar avenue is continued

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calendar number two seven zero eight six thirty five west alany avenue

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Kenya Carey is handling this pro se we have no RCO letter

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I promoted Mr. Kenya Carey to a panelist madam chair thank you

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Ms. Carey can you put your name and address on the record and spell your name

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hello yes can you put your name and address on the record and spell your name please

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kenya kerry k-e-n-y-a-c-a-r-e-y so um the my current address is where am i staying now um

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I'm sorry, I'm staying in different places.

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128 43 226th Street, Luriton, New York, 11413.

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

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Okay, do you swear and affirm to tell the whole truth?

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Yes.

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Have you sent in the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, 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 we showed that there is no RCO letter.

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Madam Chair, this is Sharon Saleta.

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I can tell you that there were emails back and forth.

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We do have all of the exhibits, and I have been told that there was an RCO meeting, but we do not have a letter.

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Okay, great.

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Thank you, Ms. Salata.

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Thank you.

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Ms. Carey, did I swear you in?

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Do you swear if I'm to tell the whole truth and I'll think about the truth?

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Yes.

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I'm sorry.

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I just came up with a 12-hour hospital shift, so I'm a little out of it.

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Okay.

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You may continue.

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Yes. What I'm asking for today from the board is to convert my one family dwelling to a two family dwelling, primarily because I'm a health care provider and I do a lot of travel assignments.

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So the property stays vacant and I don't want an issue with squatters and break-ins and stuff.

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So I'm trying to convert the main floor for a two bedroom so I can try to get a family in there and then I will be on the second floor.

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so when I am home I don't have to be concerned. We don't have an RCO letter. Did you meet with

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the RCO? I'm going to say if that was Mr. Pass, yes. What is the name of the RCO, Sharon?

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Excuse me, Madam Chair, I believe that Hillary Emerson has been helping with this. Could we

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check to see if she is fine is hillary are you in the virtual audience um if she is madam chair

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i have just allowed her to speak great good morning this emerson hi name and address and

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spell your name please and then i'll swear you in yes hillary emerson on behalf of councilwoman

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Sherelle Parker, H-I-L-A-R-Y-E-M-E-R-S-O-N. Do you swear from the tell the whole truth and

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nothing but the truth? I do. Okay, you may continue. Yes, thank you. The applicant had had

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difficulty connecting with the RCO, not through the applicant's fault. The RCO was undergoing

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some challenges and has actually now decided as of this week to no longer serve as an RCO,

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So our office put the meeting together and a representative from the RCO, Mr. Kim, did attend the meeting, and I thought he was going to write a letter, but he has not.

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There were no near neighbors in attendance, just myself, representative from the RCO, the applicant, Ms. Carey, and a representative who's assisting her with the property.

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So that was all in attendance.

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So there really is not a community position on this one in that sense because there were no neighbors that came to the meeting nor contacted our office.

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does the councilwoman have a position

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yes she does the the councilwoman is um not opposed to um changing the property from a

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single family to a duplex uh typically this is not typical for her um but in in this case um this

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block um upon inspection is um already a mix of single family dwellings and duplexes um it's

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it's comprised of twins. The other half of this twin already appears to be a duplex. I believe

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it's currently vacant, but it has already been converted. And this is a corner property, which

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those are often duplexes to begin with. Like I said, we did not hear from any neighbors,

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either for or against the project, either at the meeting or contacting our office.

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um we we believe there's sufficient square footage at the property to accommodate two units

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nearly 1800 square feet um and we do want to note for the record that we greatly appreciate

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the applicant um not converting the property before she came to zoning but coming to zoning

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first um uh we we don't see that um as often as we would like so we do appreciate that um the one

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proviso that that we would ask for is that there be no unit in the basement. And it's, as my

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understanding, the basement is only intended for storage, but we just would not want that to be

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used as a unit in the future. Thank you. Okay.

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Thank you. Okay, is there anyone in the virtual audience with questions?

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Does the board have any questions? No. Okay, Planning Commission.

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Thank you, Madam Chair. Ian Hegarty for the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the existing single-family zoning at this location.

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With respect, the applicant's hardship claim is not related to any unique physical circumstances or conditions of the actual property.

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So the City Planning Commission would have to recommend that the board deny the variance.

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Calendar number 2708635 West Alany Avenue. My vote is yes.

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My vote is no.

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my vote is no

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Tom

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my vote is yes

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excuse me madam chair

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we are then going to have to hold this matter

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because

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it's required that there be three members in agreement

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before a decision can be made

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the chair will then read the transcript

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and it will be voted on a later date

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okay

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Ms. Saleta

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I'm also going to go back to number 8, 3133, Landville, just to be consistent.

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We're doing it with every other case where there are no exhibits.

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Calendar number 0964, 3133, Landville Place.

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There are no exhibits.

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It's the first listing.

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And this case is continued.

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So number 15, the chair will have to read that transcript and

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vote on it. Okay.

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Calendar number 186717 Chew Avenue. The attorney is Hercules Grigos.

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To the appellant and Stephanie Hyman, for the near neighbors.

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And Madam Chair, this is a resumption hearing Mr. Grigos has put on his case.

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Ms. Hyman began questioning her witnesses.

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She has an additional two witnesses to call.

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Okay, thanks.

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Ms. Hyman has also been promoted to panelists, Madam Chair.

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Thank you.

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Ms. Hyman?

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Good morning.

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Hi, can you put your name and address on the record, spell your name, and I will swear you in?

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Sure. Stephanie Hyman, S-T-E-P-H-A-N-I-E-H-E-I-M-A-N-N, 7225 Devon Street.

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You swear I'm firm to tell the whole truth and nothing but the truth?

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I do.

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Okay. You may proceed.

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Okay, thank you.

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I'd like to begin by asking the board to take judicial notice of the Act 2 statute, which is 35 PS 6026.101 to 6026.908.

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And then if the board agrees to...

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And how are we taking notice to that? Are you going to share that with us?

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It's in the exhibit packet. It's the statute.

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the board will acknowledge that it has been submitted as an exhibit.

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Okay, great. And then I'd like to call Mr. Robert Dixon as a witness. Thank you.

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Mr. Dixon, if you're there, please raise your virtual hand so you may be sworn in.

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mr dixon has been allowed to speak

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hi can you put your name and address on the record please

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yes robert j dixon um robert d-i-x-o-n 6800 clearview street do you swear if i'm to tell

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the whole truth and nothing but the truth i do okay you may proceed ms hyman okay thank you

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Mr. Dixon, can you tell us where you live and how close your home is to the 6717 Chew Avenue site?

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I live at 6800 Clearview Street.

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If I leave my property and walk directly across the street, I'm at the tennis courts, which rejoin the 6717 site on Chew Avenue.

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Excuse me, this is Sharon. I apologize.

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Excuse me, this is Sharon, I apologize for interrupting again, but Mr. Griegos has not

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been promoted to panelists, if that could be done, please.

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That has been taken care of this letter.

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Thank you, Jason.

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okay um mr gregas i'm sorry yes before we continue can he be sworn in first thank you

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sure i'm trying to find someone here

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and actually mr reuter as well for the city law department

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if he could be promoted

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for this case.

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He's now been promoted to panelists

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as well, Madam Chair.

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Excuse me.

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So we have both

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promoted.

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Thank you.

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Mr. Grigos, hi.

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Name and address for the record, please, and spell your name.

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Then you'll be sworn in.

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Thank you. Hercules Grigos,

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G-R-I-G-O-S, 1835

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Market Street, Philadelphia, PA,

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representing 6717

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to have llc owner and developer thank you do you swear from the tell the whole truth and nothing

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about the truth i do okay mr reuter uh thank you may please the board leonard f reuter for the city

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of philadelphia um we're i i'm just here because i was informed that uh one of the parties intends

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to uh question the uh city plans the city planning rep so i'm just here for that so you're not

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testifying i am not testifying but i'll be sworn in in case i say something that sounds like a fact

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can i interrupt again um my understanding that was that ms hyman is not going to call

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a city planning representative if that's the case then mr reuter would not have to uh

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stay signed on yeah i'll watch anyway okay

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okay never mind then thanks okay somebody proceed okay thank you um i'm sorry before we proceed can

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mr roeder just be sworn in you want him to be sworn in anyway okay he has to interject thank

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you kindly chair sure thank you do you swear we're firm to tell the whole truth and nothing

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about the truth i do thank you thank you miss hyman again you may proceed okay thank you okay

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mr dixon um the 6717 two avenue address is situated right next to the pleasant playground

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correct correct and um the play the pleasant playground is more than just a playground it

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offers other amenities is that right that's correct it um the playground um also has a um

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Fairly new community building where we have community meetings, exercise classes.

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I think there's several other types of groups like Girl Scouts or Boy Scouts that may meet in there also.

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It also is the site of the Little League Baseball League, as well as a site for the Bantams football team to practice.

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And there's a swimming pool in the playground.

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There's a swimming pool. That's the swimming pool would be the apartment building with overlooking shadows swimming pool.

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How often do you visit the playground?

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I mean, I would say probably if there's something going on watching baseball, I probably look at that during the seasons probably two or three times a week.

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I walk through it often because if I'm walking from the bus stop, I sort of take a shortcut through the playground just to see what's going on and keep an eye on it as I walk through my house.

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And who else in your family uses the playground?

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I have a grandmother who lives with me and two of them live across the street.

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I take them over there for certain activities, particularly during the summer.

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They have swim classes at four o'clock or community swims.

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So a lot of times they'll go over there where the community swims when the pool is operating,

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which I understand will open on July 7th this year.

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Okay.

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And when you visit the playground, how do you observe people using the swimming pool?

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Swimming pools, it's quite a pool in the mornings.

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I didn't realize this until I started driving around some early mornings.

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I would see that people would be going over to the playground early to be around the pool.

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At about 10.30, it sort of gets, I won't say taken over, but visited by the numerous day camps that are going on in the neighborhood, and they have time set up for them to be at the pool.

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So from about 10.30 all the way up until about 3 o'clock, the pool.

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so from about 10 30 all the way up until about three o'clock that um the polls use on during

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the summers is utilized on a daily basis by um different community um organizations to have day

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camps in the neighborhood at four as i said i think they had a community swim um later on in

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the evening they'd had zumba swims which were pretty much for um adults um i'm saying basically

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women but i guess men would have been allowed to join too if they wanted to zoom in the water

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Okay. And so what concerns do you have about the impact of this proposed

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33-unit apartment building on the playground and the pool?

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Well, it's going to be right on the adjacent to the pool. I know they were talking about trash

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and things of that nature. The fact that it's going to be overlooking, it's going to be shadowing

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the pool um it comes up the back i guess the back group of windows will come floors will be right on

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top of the pool so you have all those people looking out um the place where there would be

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egress which is stoke which they call a slogan street it's really like a little driveway into

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