civus
Hearing video

ZBA Hearing - December 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 2, 20206h 53m

Because if you recall, we have a couple specials.

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Okay, this hearing will be resumed

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on Wednesday, December

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9th at 3.30 p.m.,

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At which time we will consider any feedback related to the position of the RCO and the

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neighboring property.

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Great.

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Thank you.

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Thank you for your consideration.

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Thank you.

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We will get it done.

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Thank you.

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All right.

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This is Ron Bednar from the City Planning Commission.

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We'd like to...

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I'm sorry, Ron.

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I meant to apologize.

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Yeah.

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Go ahead, Ron.

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Okay.

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So property is indicated for commercial mixed use on the city plan.

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Civic Design Review Committee concluded their reviews of this proposal at their October 22nd

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meeting where it was recommended additional green space, landscaping, parking space reductions,

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a clear definitive separation between space and between cars and social spaces in the parking

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court and a more articulation of the 18th street facade. We recommend that these issues be addressed

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before the variances and the special exceptions are approved.

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the variances and the special exceptions are approved. Okay thank you so noted. All right

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I think I failed to ask you if anyone else wanted to testify in this case beside Mr. Cook. I would

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like to just bring my client on just to adopt my testimony or would the board stipulate? Okay we'll

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stipulate you being an officer of court we'll stipulate that the your client would adopt your

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testimony thank you thank you carol number seven i'm sorry yeah yeah there was someone with a hand

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up if you will oh i'm sorry okay okay it's like the case that never went away calling user

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calling user please hit star six to unmute yourself

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Last time, call in user, unmute yourself by pressing star six.

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Yes.

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So this is Dr. and the speaker.

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I just wanted to thank you, Mr. Chair, for all your help and the work you're doing for

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our community.

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Thank you very much.

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Thank you.

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Mr. Chairman, since he's on the line, can I just have him adopt?

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Please. Why don't we do this, Ms. Hutton spell his last name, please.

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N-E-S-T-I-C-O. Thank you. Dr. Nesco, you heard my testimony previously.

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Say that again, please. You heard what I said to the board earlier about the dimensional issues

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and the use and the impact this would have and the fact that we are very close to coming to a

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final agreement yes i did do you adopt that testimony as your own absolutely thank you sir

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thank you you're welcome thank you have a good night thank you

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yeah get it in quick tanya calendar number 1851 2629 north 27th street

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sharon sletta the attorney is michael lambert thanks

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I just promoted Mr. Lambert to a panelist.

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Hi, good afternoon.

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Can everyone hear me?

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Yes, we can.

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Can I share my screen, please?

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Did you swear him in, Carol?

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No, I did not.

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Please identify yourself and I'll swear you in.

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Yes, good afternoon, ladies and gentlemen.

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Michael Lambert.

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We're going to affirm to tell the truth, the whole truth, nothing but the truth?

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Absolutely.

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And please spell your last name for the court reporter, please.

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L-A-M-B-E-R-T.

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Thank you.

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Mr. Lambert, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Absolutely, Vice Chair.

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Have you also mailed the email, the exhibit packet with the required documents,

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consisting of proof of ownership, tax compliance, a refusal or referral, photos and plans?

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Have you met with the RCO?

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Did you receive a letter?

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And have you done all of this five days prior to this hearing?

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Yes, we have done at least two emails.

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and I know yes at least two all right thank you um you may what does that mean you've done at

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least two emails um no I just wanted to make no we usually send emails to two different addresses

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and make sure everybody receives it so okay you may proceed thank you so much sure may I share

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my screen yes thank you so much

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uh ladies and gentlemen i wanted to briefly ask the uh panel or this board rather i wanted to

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give you a little bit of background my client purchased this property at a sheriff's sale

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in 2017 and when he purchased it all five units were occupied by tenants he obviously believed

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that the zoning was proper, but obviously it was not. We are asking this board to allow my client

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to continue operating this property with the proper variance. As you will see, it's a fairly

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large property. There were five electrical panels that were already there. There's also five

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um there's also five different water heaters keep going this was all done prior to my client

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of different water heaters.

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Keep going.

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This was all...

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uh purchasing the property from the sheriff's sale in 2017 um there's also five separate mailbox

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uh we also have approval from the um from the rco as well as um

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As you can see, this is a pretty, the property is pretty nice, well taken care of.

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There are also, if not all, a lot of multi-unit family

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properties in that area. And we're just asking the panel to grant us experience due to the hardship.

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Excuse me, would you go back to those photographs?

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okay all right and then show us the photographs of the outside of the building outside sir one

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moment there you go now when were those interior photographs taken uh they were recently taken but

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i don't know the exact date my client is here i can find and when when was the photograph you're

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showing is now taken yeah of the building outside uh recently um maybe a few days ago

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i'm trying to go back you know why i'm asking yes sir the interior photos would you go to the

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interior photos yes sir now those windows yes sir don't look like the windows on the photograph

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you're showing from the outside well there's nothing nothing included they don't have the

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what they call that the great some correct tom i know you know what i'm talking about

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millions or the may i ask you um if that bay window on the second floor and i don't know

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what exactly your grants is and i apologize mr chairperson chairman um but i the gray

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with the window at the second floor in the back the bay the bay that you're looking at

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that second floor bay there's their their windows without grates in them the photo you show of us

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of the interior has windows which look like they're brand new windows with grates in them

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doesn't look like the same bay window area that i'm looking at could you do you have any other

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photographs of the interior? Yes, we have more.

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Those are the same ones. Not every window that I've seen so far in these photographs

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is not reflected in the windows that you're showing us at the exterior of the building.

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okay keep going

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well those are it's the same three photographs are for you keep showing us

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i see what you're saying mr chairman how about the first floor could you have any

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have any photographs of the first floor the interior any photos of the interior

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i do not have any photos uh besides what i've been provided so far

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well i would suggest that your client do a better job because i i for one i don't to me it doesn't

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look like the same building from what you're showing us of the interior compared to the outside

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mr chairman i'll ask my board members if it's me or is it just my imagination i don't see any of

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that mr chairman if i could ask and i apologize for wasting the board's time could i briefly ask

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the panel for continuance and get the proper get this completely sorted out. I don't want to waste

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the panel's time and I feel like I've done that already for a few minutes so if I could ask the

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panel for continuance I'd be able to provide all the necessary photographs and have everything in

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order and I apologize again sir. Well it's not your fault your client whoever took the photographs

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if you did then they did it's it's misleading as far as I'm concerned. I don't know if my board

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any of my board members see it any differently please speak up because I I'm just I it doesn't

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look like the same building to me I I agree with you Mr. Chairman there's not one window that has

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greats in it not one in this photograph not one at all I am going to fix this I agree with you

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Frank and I apologize again all right I I'm I'm we're gonna have to you're gonna have to go back

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and revisit this whole thing so um any questions from the board no no anyone else like to testify

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in this case?

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Mr. Chair, please.

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We've got their hands at this time, Mr. Chair.

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Planning Commission.

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Well, sir, I was asking.

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I know what you're asking.

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I'm just...

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I'm sorry, I would like to just ask a question for clarification, Chair.

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Because there are a few hands up.

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If it's going to be continued, would we have their testimony provided at the continued

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date?

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Well, I was going to vote it, but we'll take some of the testimony then.

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Oh, okay.

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So this is not a continuance?

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No.

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Okay.

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The applicant is not demonstrating unnecessary hardship regarding requirements of the code.

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It's an inappropriate overuse.

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We recommend the request that the variance does not be granted.

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001851 2629 North 27th Street.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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Thank you.

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number eight calendar number 2134 2900-12 north 17th street

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and the attorney is rachel pritzker

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i'll promote it to panelists right now madam chair she's now a panelist

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rachel identify yourself please spell your name you're sworn in earlier today

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yep rachel pritzker r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635 market street suite 1600

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philadelphia pa 19103 good afternoon do you agree to waive the reading of the refusal and stipulate

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to its accuracy? Yes. Have you emailed the exhibit packet with required documents consisting of proof

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of ownership, tax compliance, refusal or referral, photos and plans five days prior to this hearing

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date? And have you met with the RCO? And if so, do you have a letter? Yes. Thank you. You may

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proceed. Okay. Thank you. So we're here to discuss 2900 North 17th Street, which is an existing

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structure. I'm going to share my screen in North Philadelphia. It is this large site here.

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It is zoned I-1, and we are proposing for the use as a child daycare center on the first and

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second floor. I have the floor plans here for the board so that you can see. The organization's name

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is Ocelero. We have representatives from Ocelero. They are part of the Head Start program providing

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daycare services throughout Philadelphia and the Camden area and other places as well

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and have a wonderful reputation and we have a community that's very excited about this proposal

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as well. So just this is the floor plans of this building. It's owned by the Philadelphia

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suburban development corporation i have uh mark nicoletti here as well for any questions as far

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as ownership is concerned and essentially we're here in front of the board today because the

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property is zoned i1 it doesn't allow for a daycare center there was a proviso um put in in 2017 by

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the board um for the uses that were granted approving all cmx uh sorry can you see that

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all CMX3 except for daycare, nightclub, takeout, restaurant, medical officers, casino uses.

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I think that was relative to the proposal that was provided for in 2017. The only other use in

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the building right now is for veteran services, and there's no concern by the daycare or the

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neighborhood about having a daycare center for child care in this building. We met with the

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Tioga United as the coordinating RCO and Allegheny West and have a letter of support from them. We

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also entered into a community benefits agreement as Ocelero does a lot of local hiring and recruiting

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certification programs and is a really wonderful advocate for early childhood learning. So I don't

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have much more than that, given I don't believe this is a heavily opposed matter. I would like

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to at least have Mr. Nicoletti and Victoria, who's the executive director of the Acelero

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Learning Program, just speak on the record if the board is interested. And otherwise,

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that essentially concludes my testimony for today.

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Thank you, Mr. Nicoletti.

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Mr. Nicangardi has been announced.

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Mr. Nicoletti has been allowed to talk, sir.

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Thank you.

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Good afternoon, Mr. Nicoletti.

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Please identify yourself with the records by your last name and I'll swear you in.

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Mark Nicoletti, N-I-C-O-L-E-T-T-I.

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

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I do.

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Thank you.

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Ms. Pritzker?

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uh mr nicoletti have you heard my testimony today and you adopt it as your own

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i did and i do okay um i would like to have victoria on unless uh mr nicoletti of anything

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