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Hearing audio

ZBA Hearing - February 11, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 11, 20264h 31m

i'm going to allow them to speak sure

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good morning sir hello thank you for taking my comments board could you please um state your

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name and spell for the stenographer my full name is thomas de rego t-h-o-m-a-s-d-e-r-a-g-o

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you swear affirm to tell the truth told truth nothing but the truth i do please proceed sir

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I don't recall receiving any letter for public discussion of this change. Can't say I didn't see it. I saw a quick look at the addresses they sent the letter to. Wasn't sure if I was on there. 1618 South 10th Street, if you want to look, Henry or Mr. Clinton.

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The first notice I got was the notice of refusal that was mailed to me by L&I, so that's why

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I'm attending this meeting. I don't particularly oppose what's going on, although I feel that

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regulations are not being followed currently, and I think it'll just be exacerbated once

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the new shop is opened up uh in particular trash pickup while it may happen daily doesn't happen

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between the hours that are supposed to happen generally happens about 4 30 to 5 30 in the

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morning i know this because it wakes me up frequently i live across the street 1618 south

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10th street uh you mentioned there's a loading zone well frequently the owner parks his truck

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in the loading zone which means any customer that comes by is either hanging off a corner nearby

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for pickup so the park the customers need to park illegally because the owner of the business

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parks his truck in his loading zone as his personal parking spot so i feel that is a

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misuse of a loading zone i also do not believe they have a grease trap currently and because

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i've never seen a grease truck come and clean it out i do notice that they sweep the inside of

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their establishment every night into the street and if you would look at the sewer grate next to

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their shop it is caked in grease it's rather disgusting those are my complaints all right

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and i think they're just going to be exacerbated with another shop and flatting what the regulations

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should be thank you very much for taking the time to call us is there anyone else in the audience

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i see no other hands at this point would you want to respond

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uh quickly yeah only that i i just went to the list of addresses and uh

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1618 south 10th is listed if you didn't get the letter uh i i know we sent it so i apologize for

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that. Certainly no intent to overlook what you're doing. Mr. Esposito is on this call right now

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and I think he'll take your words to heart as far as parking in that spot. I don't think he

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should be doing that. If he is doing that, I'm going to direct him not to do that. And I know

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I think he'll reach out to you directly to address any other concerns you have because

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he's right across the street i got your last name again sir just so i have it

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durego wasn't it durego got it d-e-r-a-g-o planning commission

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to that yeah planning commission thank you chairman and good morning David Vecto with the

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city planning commission chairman and board members the comprehensive plan recommends no

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change to the RSA 5 residential single family zoning at this location the city rezoned this

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neighborhood in 1998 and a council supported math change the proposal to expand the existing

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catering from 1627 South 10th to 1629 South 10th will have minimal impact on surrounding properties.

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The City Planning Commission recommends the board grant requested variances for

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multiple principal uses and a commissary kitchen. So Hilary, this is closed, right? And this is

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closed until we have an amended refusal? Yes, it's closed except for the amended refusal.

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And then we'll have, you know, listed when it needs to be listed. Well, yes, we'll just

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pull it up for a vote on the add-on list once we have the amended refusal all right thank you mr

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clinton you just said right once we get the amended refusal we'll vote got it thank you very much thank

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you very much is there anyone in the uh 9 30 a.m list case has not been called i see no hands at

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this time too okay everyone we uh we have a very uh early break thank you i appreciate it

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the first all right

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good afternoon everyone my name is bill bergman and i will be chairing this meeting of the

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philadelphia zoning board of adjustment with me is our board of vice chair tenetta graham

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present mr chairman our board secretary cheryl al gaston present mr chairman our board member

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michael johns he's there he's there our board member uh ty owen and she should be on very

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shortly and our board member ryan mcadams president mr chairman also here present our

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our attorney uh hillary emerson our zoning board director ian haggerty and our board administrator

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lakeisha dandy recording of this hearing will be posted on the zba website by participating you

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consent to be recorded this is an in-person meeting with remote capabilities whether remote

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or in person if you're called to speak you must state and spell your name then wait to be sworn

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in once you've been sworn in please state your name each time before beginning your testimony

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any person may enter their appearance to become an interested party you can identify the case

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property address in your zoom webinar you can see a staff member or you can call the zba appearance

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line by the close of business tomorrow call 267-270-5548 leave a message that includes your

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email address and the address of the property of the appeal case the following guidance is

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for our remote attendees when directed you must raise your virtual hand in order to be recognized

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if you are called to testify you will be prompted to join as a panelist please accept the request

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and turn on your camera. Third, the webinar Q&A is for questions about the hearing. Do not comment

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on the cases in the Q&A. And finally, if you are participating by phone, press star nine to raise

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your hand and star six to unmute. For our in-person attendees, please refrain from talking, eating,

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or drinking during hearings. Verbal and physical aggression will not be tolerated. Restrooms are

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across from the elevators. A water fountain is just outside the room to the right. When speaking

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on the record, you must speak directly into the microphone in order to be heard by all attendees

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and a court reporter. In the event of an emergency, please follow the directions given over the public

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address system or by the staff. The main exit is through the double doors at the rear of the room.

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The nearest stairwell is to the left outside the doors. In case of an evacuation, the rally point

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is love park directly across art street please remain there so we can account for you so let's

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look at our schedule for this afternoon number one mi 2025 002 750 1122 frankfort avenue

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that case has been continued attorney moving party

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um here number three mi2025 002849 2619 north 29th street verna anastasio is the attorney

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i see a request for a continuance mr anastasio

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hi chair i'm karima cantana i'll be your co-host for today

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And I'm going to promote Byrne to stand.

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And I'm going to promote Byrne to stand.

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Sure.

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Sure.

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Thank you.

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on the list is there someone from his office can you please raise your hand someone from burns off

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did we hear from him today he is okay but he continued

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yes um he did indicate via email um with the rco and we were copying on it um that he was okay he

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was not opposed to a continuing continuance as long as the case could be rescheduled on the sooner

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side um which i believe our continuing state is in 4 15 i think okay perfect thank you so mi

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2025 002 849 2619 north 29th street at cases continued until 4 15 26 at 2 p.m number

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number six um mi 2025 003 209 3427 north 6th street um

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this case is continued attorney moving party um until no date okay and is this a must be heard

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mr chair and mark must be heard thank you now do we stand with number 10 i don't see joe here

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um we we received the required document so we'll go on with that okay right yep we're good that

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thank you and then number seven mi 20 25 003 591 40 23 west gerard avenue um we have no exhibits

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it's this is the second listing one Gerard one Gerard property LLC is the listed owner

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USA remodeling construction

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okay this this case will be continued and it'll be marked must heard so MI 2025 003 591 4023 West

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road avenue cases continued mark must be heard 4 15 26 at 2 p.m

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that's good any other requests for continuance

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no hands at this time chair thank you we're going to go to our add-on mi 2025

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five zero zero five zero four nine four leverington avenue i vote yes to reconsideration and rehearing

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michael mike oh oh i think my mic is going can you hear me now my vote is yes okay yes to

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reconsideration and rehearing thank you cheryl gaston my vote is yes to reconsideration and

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re-hearing. Ternetta Graham, my vote is yes to reconsideration and re-hearing. Ryan McAdams,

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my vote is yes to reconsideration and re-hearing. We're going to go to our first case will be

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number 11, MI 2025-007-367-765 South 43rd Street. Could you please state your name and spell for

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stenographer yes my name is roses laughlin r-o-s-e-s l-a-u-g-h-l-i-n do you swear or affirm

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to tell the truth the whole truth nothing but the truth i do could you identify your client

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a relationship to the property yes the my client is the philadelphia water department who is the

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um owner through the city of philadelphia and we have a letter of non-opposition from spruce hill

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And also a letter of support from Council Gauthier. Council Gauthier has said this is a very necessary piece of infrastructure and the site in question is too physically constrained to provide the parking required in addition to the substation.

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Our voice chair has a few questions for you.

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Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes, they were submitted last Friday, February 6.

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Okay, and do you waive the reading of the issues or stipulate to its accuracy?

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see um yes okay all right thank you you can see your screen and proceed with the case

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um before i share the exhibits i'd like to make an opening statement

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um good afternoon mr chairman and good afternoon

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Good afternoon, Mr. Chairman, and good afternoon to the board.

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The Philadelphia Water Department is proposing to replace the existing water pump station located at 765 South 43rd Street with a new pump station facility at the same location.

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This project will increase the capacity of the pump station from 8 million gallons per day to 108 million gallons per day.

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PWD has designated this pumping station for replacement because it is nearing the end of

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its useful life and has faced flooding and operational challenges. Replacing the station

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with increased wet weather capacity will significantly reduce combined sewer overflow

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discharge into the Schuylkill River, improving water quality and environmental health for the

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city of philadelphia replacement of the pump station and the resulting water quality improvements

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are also part of philadelphia's federally mandated long-term control plan

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in order to proceed this project needs a variance to allow off-site parking code section 14802

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section 9 excludes I2 industrial zone districts from having off-site accessory parking the new

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water pump station includes a plan to utilize three off-site accessory parking spaces two of

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these parking spaces are along the curb line on one side of the street a third parking area is

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along both sides of the curb line which may require 42nd street to be closed during monthly

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preventative maintenance on the CSO chamber and tide gates additionally PWD will first utilize the

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driveway of the facility for purposes of parking this driveway has capacity for 1.5 vehicles or

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approximately one van the existence of the new pump station will not increase the need for parking

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from its current use and PWD will continue to utilize the same parking areas as it currently

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does for maintenance of the facility. Preventative maintenance is performed one to two times a month

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by three different crews one mechanical one electrical and one electronic. Each crew uses

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one vehicle so if all crews were performing maintenance at the same time three or maybe

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BEFORE VEHICLES WOULD BE PRESENT. ADDITIONALLY, A ONE VEHICLE CREW VISITS ONE OR TWO TIMES PER WEEK IN ORDER TO REMOVE DEBRIS FROM THE DEBRIS SCREENS.

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um and now with the board's permission I'm sure why don't you show your presentation

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we have all your paperwork so you can go through that pretty quickly

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this is the initial zoning application right this is the notice of refusal

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um the application for zoning variance yep

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the project confirmation form

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um but I think would be worthwhile if you have photos or drawings I think that would be the

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thing to show uh this is the deed yep and then the certification of tax clearance here is the

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um pump station architectural site plans um starting from here then

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so maybe what maybe what you might want to do is show where the pump station is and tell us where

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that is relative to okay the the map year ago that might be easier go ahead yes this is the

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just the notices of zoning appeal and here is the current pump station right photos um so this is

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there's an elbow of 42nd street which goes around um where this pump station is located okay

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and then this is from the

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and then this is from the presentation that was provided to the RCO um here is the existing site

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and you have a rendering what it's going to look like when it's done yes so why don't we see that

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oh it's the rendering looking if you have a rendering

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very nice um and here's a more aerial shot right um okay all right um

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and council persons ford and also spruce hill community association right so questions from

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the board yeah i just want you to uh just highlight where the parking is relevant on one of the

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drawings that you have or flight plan so um this is the what i'm sharing now the red highlighted

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areas are the identified parking areas can you zoom in that parking would be a couple times a

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month is that what we're saying yes so there are three crews that each visit one to two times per

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month okay so all right why zoom in a little bit did you say the did you say the areas that are in

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red are the parking areas yeah the or just or just or just the area one or is the area all three

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areas are the parking areas yes so area one is highlighting the curb line there for um the

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maintenance at the pump station and then area two is highlighting the parking for maintenance to the

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junction chamber which is adjacent um and then area three is the um part the parking that i

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referenced for the cso maintenance and why don't you say again that if all the three places were

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together how many cars would that be all three crews i believe so all three crews were there

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at the same time uh three or maybe four vehicles okay all right thank you all right questions from

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board yeah yeah yeah i i don't see there's any issue really with this site in terms of parking

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um i'm very familiar with this on part of st joe's campus and it's at the end of the hill

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and it's right near the train and there's sort of nothing really around there um so i don't think

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there's any issue with parking in st joe's as a huge if they still have the campus has a huge

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parking lot right behind that so um definitely don't see that as an issue my question is um um

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are you doing anything with the existing landscaping that's around the the parcel

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are you adding to it or you are you um so i have the trees some there are some existing trees and

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whatnot that are there um i have a witness that would be better qualified to answer that question

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oh why don't we who is it uh it's uh brian sparks brian

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mr sparks yes i'm here hello okay hi could you please state your name and

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and spell for the stenographer yeah my name is uh brian sparks that's b-r-i-a-n-s-p-a-r-k-s

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

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i do mr sparks did you hear the issue about the landscaping yes i did yes could you uh respond

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to that yeah so um rosa like in the um powerpoint we had some uh landscaping plans i believe if you

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want to go back to the PowerPoint presentation. And then I forget what slide it is. Maybe we

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can just flip through this, though. Oh, yep. You just had it on the last one. Yep, there

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we go. So that's what the final landscaping conditions will look like at the site. So

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we're going to plant some larger trees along the driveway that abuts this former St. Joe's

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campus. And then we're just going to do native ground cover around the new junction chamber

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that we're constructing any other questions thank you yeah i have a question because looking at

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aerial maps it looks like there's other cars already parked um on the private side of 43rd

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um on the private side of 43rd street is that street closed to regular vehicular traffic

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street is that street closed to

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or can regular cars still go back there park and turn around um when st joe's was still the owner

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of the site they had their recycling operation back on 43rd street so they had some dumpsters

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in that area that they also accessed um now that they sold it to the new owner i'm not sure if

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going to need access to that um but there shouldn't really be any um public uh need for

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for accessing that area um i guess i should also mention too that septa requires access to their

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um right away for their um track area so they also have a an easement to to enter that section

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of 43rd and 42nd street okay but south 42nd street is if there's not like public parking

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spaces back there any cars that i see are just they might even be water department vehicles i've

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guessed if i'm looking at overhead views and google maps yeah that might be accurate i can't speak

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whether or not people do park back there i guess when we leave the gate open anybody can you know

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