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Hearing video

ZBA Hearing - December 2, 2020

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

Why don't we just keep them on the bench for a minute?

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Okay.

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If you want to get your client to adopt your testimony.

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Yeah, sure.

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Doug Faff, Doug, do you want to jump on?

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On behalf of Legacy Living, I'll see the equitable owner.

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And just raise your hand so the board can include you.

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I'll talk right now, sir.

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Thank you.

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yep doug's here can you guys hear all right yes we can please identify yourself with the record

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name and address sure yep uh doug faith um address um 257 north third um blood lppa 19106

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and how do you spell your last name it's pronounced without the i it's f as in frank

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A as in Apple, C as in Thomas, H as in Harry, pronounce the faith.

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Thank you.

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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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Mr. Faith, can you just provide your title with the entity?

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President, principal.

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President.

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And you've heard my testimony concerning the consolidation of the four lots to two lots?

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Correct, the consolidation of the lots, yes.

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And then the resulting development on Parcellet of the 12 three-story townhomes?

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Correct.

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And is it true and accurate?

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Yes.

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As far as the development and the discussions with the community and the streets department and city planning and the councilman?

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Correct. Yep.

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And do you adopt it as your own?

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Yes.

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Thank you.

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Great. Great.

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Thank you.

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you know we're certainly willing to answer any questions that you might have i just would say

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that this is uh uh we've tremendous amount of work to get to this point uh we had a creative

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innovative solution to to the project and we're uh real pleased with the way this has turned out

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um and uh the support that uh all the parties uh gave us to make this to make this possible here

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okay thank you any questions from the board no and we do have revised plans again we have

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I'm going to get that. I'll get that. No. No. Anyone else like to testify in this case? If so,

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please raise your hand. I'll answer this time, sir. Thank you. Planning Commission.

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Ron Bednar, City Planning. The Platte and City Plan change necessary for this development was

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approved at the November Planning Commission meeting. In addition, we support the RCO and the

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provisos that have been agreed to with the applicant and have no opposition to the granting

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the variances thank you uh brett um yes sir how many pages i don't want a second here it's two

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pages yes two pages and you mentioned something about no roof was it part of that's part of the

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yes it's it's if the board yeah atop the atop the roof yes uh and and if the board approves

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the revised plans and the proviso form we've spelled out all those changes that are consistent

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with the provisional letter.

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a proviso letter i'll just put that on the record and going forward if someone a homeowner wants to

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I'll just put that on the record

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and going forward,

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if someone at home

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put a roof deck they'd have to go through the whole process okay all right uh zero zero two

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zero four three uh five one two parker avenue my vote is yes with the following provisos

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revised plan two pages approved today and no roof decks yeah mr chairman the only thing i

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would say is there is a there is a balcony off there is a deck off that's reflected in the plan

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right yeah so but yeah i just want to make sure no one thinks that that a roof deck i know is on

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the top um this is off the rear atop the second floor on the third floor so we just don't want

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to have that as a problem um actually is that that could end up being a problem if you could

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just do the revised plan since they do spell out that the roof cap that the neighbors were

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concerned about is removed. It might be less confusing to do it that way. That would be great,

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Ms. Saleta, because we spell out that we removed the pilot house also, so that removes any

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confusion. But I just, I can see at L and I, that rear balcony becoming a problem.

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All right. I'm sorry. I can confirm that I've read the revised plans form and it does spell

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that out so no need for that that proviso right that's right thank you okay so let's do it again

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zero zero two zero four three five one two parker avenue my vote is yes with the proviso revised

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plan two pages approved today my vote is yes with proviso yes with proviso yes with proviso yes with

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behalf of the whole team thank you and uh thanks to everyone who's made this project possible

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thank you zero yeah you want to call it carol okay calendar number 0848 4457 main street

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you know hands coming up for that address sir tanya was this uh continued this the first time

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or has it been continued excuse me this is sharon saletta we did receive exhibits for this

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and the attorney is um daniel reissman if he's present

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his hand is not raised unless we want to move it to the end why don't we do that i'll move this

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today back and uh maybe he's having technical difficulties okay there he goes jason you can

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promote him oh we got him all right yeah good afternoon sir please identify yourself with

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the records by your name and i'll swear you in can you give him one second he just got promoted

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hello can you hear me yes we can uh would you please identify yourself in the records by your

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last name and then i'll swear you in sure it's daniel reisman eckert siemens to liberty place

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22nd floor philadelphia pa 19102 and reisman is spelled r-e-i-s-m-a-n yes that's correct

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

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I do.

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Please proceed.

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Sir, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Have you emailed an exhibit packet with proof of ownership, proof of tax compliance, a copy of the refusal or referral, photos and plans, five days prior to this hearing, and have you met with the RCO, and do you have a letter?

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Yes.

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Yes to everything.

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you may proceed okay thank you um will the screen be shared

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um yes you have authority sir okay thank you

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can you see it

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yes okay good thank you um good afternoon mr chairman members of the board again my name is

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dan reesman i'm representing the applicant on this project um here with me today are also

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hymie kaplan and yvonne roa who are the principals of the applicant and erin monahan who is our

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architect. The property is a, well, the proposed, but let me start again. The exhibits that I've

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handed up and sent in earlier are exhibits A1 through A11.

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and sent in earlier are Exhibits A1 through A11.

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I've tried to order them in the order

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that Ms. Saleta had requested in an email.

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So you'll see A1 is an application and the refusal.

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A2 is a letter in support

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from the Mayunk Neighborhood Council.

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A3 are photos and so on.

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And all together there are 11 exhibits that the board has.

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much appreciated Mr. Reisman sure the property is located at 4457 Main and I have a google map

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just to show you the general location so you'll see this is Main Street so it's one

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property in from Main Street and then it's at the corner of Main Street and here is Green Lane

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I'm going to move to the photos.

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The property is a three-story property, this is it right here.

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And the proposal is for a sit-down restaurant in the three stories of the property.

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The historic uses of the property, most recently, prior to the current use, it was actually

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used for a pizzeria my client purchased the property a number of years ago and currently

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the first floor right here is used for offices the second floor and the third floor are just

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storage as is the basement and there are other photos of the interior that shows those current

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uses as i mentioned the proposal and these are just some more photos these are main street here's

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the property there's the property as I mentioned the proposal is for a sit-down restaurant with

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118 seats now under the zoning code typically the use for this would be grandfather the parking

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requirement would be grandfathered in because the building predates 2012 and it and so a change of

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use under the zoning code uh it's grandfathered in without a parking requirement however magnunk

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the magnunk overlay has a parking requirement of um one parking space for every four seats

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in a restaurant um l and i interprets that provision as overriding the general provision

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of the code that says it's grandfathered in so the reason we're here is because

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at the one to four ratio with 118 seats, that would require 30 parking spaces. And that's the

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sole refusal. The use as a sit-down restaurant is permitted as of right. Now, I have a photo for you

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that shows both the building right here, and then it shows right up on Green Lane, a parking lot

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that has 176 spaces so i would say it's a couple hundred feet away and i'm pointing my arrow to

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that right now um and then here's the parking lot from the other direction on the right in

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this photo and here's the interior of this parking lot so you'll see it's a very large

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parking lot so we think this is a very appropriate use um the variant is satisfied because there's

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no feasible way that there can be parking at this already developed site. There's certainly

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no adverse impacts on the community. This, as I mentioned, was previously has been used

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for commercial uses. And we have a parking lot that is a very large parking lot within

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200 feet for which we can certainly satisfy the normal onsite requirement in the manual

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overlay for 30 spaces. As I mentioned, you have a letter in support from the RCO, and they voted

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unanimously in support of the proposal. That's really it for my presentation. As I mentioned,

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the architect is here. We have floor plans in the exhibit package. If you have any specific

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questions about the floor plan, she can answer those. And as I mentioned, my client is here.

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If you want, you can bring on your applicant, your client, rather, I'm sorry, and ask to adopt your testimony.

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Okay, thank you.

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So that's Jaime Kaplan.

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Tanya, are you able to give him access?

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if we're not able to reach him hello mr kaplan yes yes hi good afternoon please identify yours

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if we're not able to reach

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could you have to identify yourself in the record spell your first and last name and then i'll swear

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you in uh jamie kaplan j-a-i-m-e on last name kaplan k-a-p-l-a-n and you swear and affirm to

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tell the truth the whole truth nothing but the truth i do please proceed mr reissman okay uh

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mr kaplan you heard my testimony is that correct yes my statements and are they are they true and

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correct to the best of your knowledge is correct okay and do you adopt them as your own testimony

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Tony? Yes. Okay. Thank you. Thank you. Questions from the board? No. No. Anyone else like to

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testify in this case? Please raise your hand. Thank you. Planning Commission. Ron Bednar,

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city planning this property is indicated for commercial mixed use on a city plan especially

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enacted district area overlay from main street requires 30 parking spaces for the proposed use

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due to the physical constraints there is no possibility that the property can be used in

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strict compliance with the provisions of the zoning code we believe that the approve that the

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approval of a variance is necessary to enable the viable economic use of this property.

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Accordingly, we support the granting of the variance. Thank you. 0-0-0-8-4-8-4-4-5-7 Main

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Street. My vote is yes. My vote is yes. My vote is yes. My vote is yes. Thank you and good luck to

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you. Thank you very much. Thank you very much. Have a good day.

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Calendar number 2137, 3670 South Lawrence Street.

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The attorney is Steve Paul.

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I'm voting him to the panelists right now.

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Mr. Paul, please wait till you want to enter.

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good afternoon mr chairman members of the board steven pollock on behalf of the

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applicant uh keystone outdoor and its principal dominic cipollini and uh please spell your last

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name for the court reporter it's uh steven with the ph pollock p-o-l-l-o-c-k 1500 jfk

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boulevard suite 1700 philadelphia 19102 and do you swear and affirm to tell the truth the whole

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truth nothing but the truth i do please proceed mr pollack do you agree to weigh the reading of

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the refusal and stipulate to its accuracy i do madam vice chair have you also emailed an exhibit

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packet with the required documents consisting of proof of ownership tax compliance refusal or

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referral photos and plans five days prior to this hearing and have you met with the rco and do you

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have a letter yes we do thank you okay um i just wanted to uh get started with this um this is

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regarding a uh outdoor advertising sign that we want to uh put up at 3670 south orange street it's

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down in uh right near darien right just a little bit north of lincoln financial field and we have

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several witnesses but i think in one of these in this kind of a situation it might be advisable

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if we could determine at the outset whether there are any other people that may want to

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be heard today that are not here on behalf of the applicant before you begin steve we don't

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have your exhibits up we still have the previous applicants right i see that i see that

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oh and if i may tanya and mr chairman if i could have natalie young get privileges right away

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because natalie is gonna run my screen for me

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I promoted her to her panelists okay great thank you very much but as I said Mr. Chairman members

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I promoted her to a panelist.

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Okay, great.

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Thank you.

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of the board we have several expert witnesses we are and some fact witnesses so we're prepared to

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put on a full-blown case in anticipation that we were going to meet the test of what we have to

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prove for our use variants that we need and some dimensional variances I would suggest if the if

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you would please also could you add I have co-counsel with me and they are Mr. Vincent

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Mancini and Mr. Vincent Dufino and I adopted my name is Stefano Palacci because I'm with Dufino and

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Mancini today. Make us an offer. A good one. So what are you saying Steve you want to have your

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I want to have my whole, as we say in Yiddish, mishpucha with me.

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I want everybody with me, if I could, all the co-counsel.

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But you're presenting the case, correct?

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I'm presenting aspects of the case.

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I'm going to open, and Mr. Mancini is going to handle certain witnesses.

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But as I said, we'd like to, if there's a possibility to streamline this case,

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we'd love to do that for the board.

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If there isn't...

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We'd love to streamline it.

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So that's why I'm saying if we could find out right now whether there's anybody out there that was opposed.

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Yeah. Yeah. All right. I'll ask that question. Is there anyone who opposes this application for 3670 South Lawrence Street?

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If so, please raise your hand. And I would ask the other folks to put their hands down so we don't get confused.

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