civus
Hearing video

ZBA Hearing - October 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 29, 20255h 57m

932 1201 to 05 chats on the street i vote yes michael johns my vote is yes cheryl gaston my

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vote is yes tennetta graham my vote is yes ryan mcadams my vote is yes i win my vote is yes

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thank you so much thank you um mr goldberg i have a note here you're not ready till after four

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I think I'm writing down.

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Is that right?

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Okay, come on.

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That was your request to it before, right?

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It was.

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My client was not supposed to be available because of the document.

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Okay, we're good.

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They let me know they are.

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Okay.

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so MI 2025 003 712 2428 Sharswood street. Alex Goldberg is the attorney. Alex, did you test

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file your letter today? This morning? Yes. Yeah. Just, so just state your name if you would.

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Alex Goldberg, A-L-E-X-G-O-L-D-B-E-R-G. Right. Could you identify your client in relationship

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to the property? Sure. My client is D.B. Terrapin Properties, LLC, and its representatives Susanna

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Freed and Deborah Leibovitz are in the virtual audience. There is a letter of support from

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Brewery Town Chargerswood Community Civic Association and a non-opposition from Council

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Member Young. Our vice chair has a few questions for you. Good afternoon. Have you submitted your

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documents five days in advance of this hearing? I have. And do you waive the reading of the

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refusal and stipulate to its accuracy i do all right thank you you can proceed okay

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all right this is a this is a unique um peel i'm here because of the confluence of a number

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of unforeseen circumstances my clients bought this property in 2018 october of 2018

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as an rm1 zone property you'll see in the presentation materials they got all of their

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permits. They hired a licensed contractor. Those permits were pulled in 2019. Um, in October of

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2020, the zoning of the property changed to RSA five, which it is now, but at that point they had

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all of their buy ride permits and construction was underway. And a month later, the general

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contractor unexpectedly passed away. Um, his team took over. I think it was, uh, uh, some family

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members and individuals

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who were working for that general contractor

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whose name was Oliver Samosa

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And there were some disputes with the subs, and my client can sort of clarify any of the

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and there were some disputes

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with the subs and

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my client can sort of clarify

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backstory here, but the permits were not closed out, specifically the residential building

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permit and the mechanical permit, they expired, and they didn't know any of this.

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And somehow Al and I even issued a two-unit rental license, despite not all the permits

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being closed out.

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And then they got a violation for new use prior to CO, which alerted them to the fact

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that the permits were not closed out but unfortunately at this point the zoning changed

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so they couldn't just get new building permits to close them out to get rid of the violation they

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have to go through the variance process that's the backstory here's the notice of refusal it's

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two-family household living in what is currently rsa5 we're not proposing to do anything other than

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legalize what's already there there's one tenant in the building that's on the first floor and

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lower level after the upstairs tenant which was one of the two original tenants left my client

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chose to leave that unit empty until they got through this process which will you know after

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the zoning hearing will require a new contractor pulling new permits and you know finishing the job

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here we presented this to brewery town charswood they were understanding you know they acknowledged

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that hey listen this zoning change was pushed by the community to change it to rsa5 but uh the cat

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was out of the bag was the term that they used in the meeting and you know they did they acknowledged

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the hardship here which i think is a clear one and i am sure the board sees a lot of zoning change

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types cases but this is a zoning change with the work also being done on top of that um so they

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very strongly supported us um 12 to 1 with two abstentions it sounds like we also have a letter

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of non-opposition from the council member there's reference in this letter to one ask that they had

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which was to um provide some sort of covering over the existing egress well at the front of

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the property which i know is not a zoning issue but my client had has no objection to here's that

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rental license it's currently listed as expired probably never should have been granted but it

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was so here's the zoning permit that was issued in 2019 for two story or for two family dwelling

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in an existing three-story structure and here's a screenshot of the atlas page showing all of the

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permits that were pulled in 2019 electrical and plumbing being closed out but mechanical in the

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building permit, not. So that's the end goal here today, to be able to get a new rental license.

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There are some multifamily on this block and in the surrounding blocks, although the circumstances

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of how those came about are probably different than this one, but most notably 2424 Sharswood

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and 2406 Sharswood, which are on our block, and the rest of these are on 24th Street Harlan and

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some surrounding blocks here's a zoning map it's clearly all rsa5 now but there is some rm1 in

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close proximity google maps perspective here's some photographs this is the front of the property

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the trash is stored there currently um in you know a trash caddy type of thing in the front of the

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property that neighbors didn't there were several near neighbors on the community meeting they didn't

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express any issues with how the trash was being managed. The property is professionally managed

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by OCF, so if the board would like us to contain that in a better structure, I'm sure my clients

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would have no objection, but this is what the current property looks like, and you can clearly

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see the two mailboxes there, although there's just one tenant. Here's the notice poster

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to the right and the left of the property here's some interior photographs obviously

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you know the property looks very much lived in

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not proposing to do any changes here

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here's the plans and drawings um these are the building drawing the construction drawings

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you'll see on the next couple pages there are more illustrative ones the community asked for

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both i provided them both to this board but they really show the same thing i'll zoom in this is

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again all existing conditions on the first floor you would make a left at the shared entry and you

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have um you know you have a three bed two bath unit that's about 940 square feet this is the

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one that's occupied has access to the rear through a staircase in the back and access to the basement

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which does have living space that that basement uh living space does have uh an egress well with

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a staircase walk out of the rear as well up the stairs you have a three bed one and a half bath

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this unit is empty the one um thing that is different between these plans which were

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The one thing that is different between these plans, which were originally approved, is that the roof deck was never built.

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This deck that you see off the top, off the back of the third story, which was, I don't know if that was intentional at the time to not build it.

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Brewery Town appreciated it because they have an overlay that doesn't allow them anyway.

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So the new submission to L&I for the new building plans obviously would not include that roof deck.

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And instead of a door here, it would just be a window.

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which is what it currently is here's the illustrative plans that just show the same

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thing the meeting notice we met in mid-october the notice was mailed to 150 properties here's

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the mailing certificates the application for appeal the deed to the property

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and proof of tax clearance my clients Susanna and Deborah are one of them is in the

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virtual audience if they could be. Why don't you bring one on please please raise your

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virtual hand. She's allowed to speak. Okay. Hi, could you please state your name and spell

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for the sonographer?

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can you hear me i can could you please state your name then spell for the stenographer

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deborah d-e-b-r-a lebowitz l-i-e-b-o-w-i-t-z you swear or affirm to tell the truth the whole

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truth and nothing but the truth i do yeah but could you turn your video on please i wish i could

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okay I don't know I don't know why on the thing there's no option for video all right well

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counsel please proceed sure um Deborah did you hear my testimony today I did yes and was it

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true and correct to the best of your memory yes all it was and you adopt it as your own

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I do thank you questions from the board

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questions or comments from our attorney Hillary Emerson

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not at this time mr chair questions or comments from the virtual of the present audience here

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i see no hand it's here

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planning commission amy boyd with the planning commission at the time the district plan was

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written it was recommended a change in zoning from r1 residential multi-family to rsa 5 residential

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single-family. The current zoning is RSA 5 as of 2020. There is documented evidence of two-family

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use at this property, including a two-unit rental license in 2020 and building and zoning permits

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for a conversion from one to two-family in 2019. The Planning Commission recommends that the Board

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grant their perseverance for two-family. MI 2025-003-712-2428, Charsworth Street. I vote yes.

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Maximum two units.

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Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Tanetta Graham, my vote is yes, with proviso.

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Ryan McAdams, my vote is yes, with proviso.

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Diane Wynn, my vote is yes, with proviso.

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Thank you, counsel.

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So, Brandon, we're going to, you're going next.

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I think what we're going to do, this could be a little bit more protracted.

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So, we're going to take a five-minute break, give you a chance to set up, and then we'll all be right back.

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Okay?

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i'm here oh good okay so um michael johns is going to recuse himself from this because it was

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like a great relationship with pha etc so why don't we start with uh who's going to do most

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of the presentation i'll i'll start then i'm going to swear both of you and all that well

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so why don't you go first meredith ferliger of delworth paxton f-e-r-l-e-g-e-r do you swear

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excuse me okay okay do you swear or affirm to tell the truth the whole truth nothing but the

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truth? I do. Okay. Counsel? Brandon Saverin for Dilworth Paxson. B-R-A-N-D-O-N. S is in Sam. A-V

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is in Victor. R-A-N is in Nancy. Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth? Yes, I do. And just for an overview, could one of you describe who your

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and just for an overview um could one of you describe who your client is in the relationship

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client is and then really

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to the individual properties yes mr chairman our client is the philadelphia housing authority

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who is the owner of all the properties before the board today i will address that with more specifics

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during my introduction okay um our vice chair has a few questions then we're going to come back and

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try to lay some ground rules out okay good afternoon have you submitted your documents

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five days in advance of this hearing. We did. And do you waive the reading of the refusals

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or stipulate to the accuracy? We waive the reading of all 10 and we stipulate to the

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accuracy of all 10. Thank you. You may proceed. And we have support from the 37 board RCO for all

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properties. What we'd like to do is to start with an overview. And that overview should

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contain what would be like the plan the master plan for the site and then what we're going to

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do is we'll go from the master plan the site um to each individual project but we're adopting some

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of the testimony we get from that all right but we have to vote on each individual one all right

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so why don't we do this why don't we start with an overview of what the site looks like and what

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the plans are for the site. That sounds great. That is exactly. Hold on. Hillary, do you want

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to recommend anything else? Mr. Chair, I'm just going to say, do we want to read all of the

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properties into the record at this time? Sure, sure, sure. So number nine, MI 2025, 003-929-2307

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north 10th street t2 65441 number 10 mi2025 003 931 2335 north 10th street t6177547

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Number 12, MI-2025-004-148-2317-North 10th Street, T3-27-2456.

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Number 13, MI-2025-004-234-2314-North 10th Street.

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Number 14, MI-2025-004-381-2310-North 10th Street, T-13-519-253.

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Number 15, MI-2025-004-431-1001-21-West Arizona.

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Number 16, MI-2025-004-529-2332-48 North 10th Street.

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Number 17, MI-2025-004-545-2341 North 10th Street, T7104634.

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Number 18, MI 2024-004-669-2401-05-North 10th Street.

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Number 19, 2025-004-675-2431-55-North 10th Street.

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And that's it.

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Mr. Chairman, I just want to make sure for MI2025004381, I think you said 2310 North 10th Street.

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That one should be 2320.

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I just want to make sure.

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I'll deny it.

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I mean, please feel free if.

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This is 2401 to 05 North 10th.

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Is that the way you're talking about?

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2401.

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No, that one was fine.

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It was.

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I thought it.

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Okay.

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Well, listen, here's the thing.

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Yeah.

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I'm going to come back.

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When I do each individual one, you know, Hillary, I'll make sure I call each one.

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Fine.

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Perfect.

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Okay.

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Yeah.

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Well, we'll get to it.

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Yeah, we're good.

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I didn't do that.

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All right.

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Why don't we start with the overview?

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Perfect.

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And forget my mistakes.

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Absolutely never.

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All right.

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Let me see here.

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I think if I.

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Let me share the screen.

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That'll make it easier to switch back and forth.

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Okay.

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All right.

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Mr. Chairman, members of the board, again, Meredith Ferlger and Brandon Savarin from Dilworth Paxson.

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With us today, we have a variety of members from the project team.

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we have a variety of members from the project team to my right is zia raymond who is project

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To my right is...

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manager on this with philadelphia housing authority we also have a french from dale corporation

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who is the construction manager for this project on zoom we have representatives from jkrp which

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