civus
Hearing video

ZBA Hearing - June 5, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 5, 20245h 26m

Could not keep the, at least in this market,

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we could not keep the historic use of the two-family

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the way it was set up without that addition

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because it simply wouldn't be comfortable enough.

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But there were two kitchens there.

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It was completely separated.

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So my client merely added an addition,

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thinking it was a legal two-family

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because that's how it identified itself

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and how it was presented.

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Here's the letter that went out

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letting everybody know of the zoning hearing date.

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and 169 folks were mailed and with that i'd like to call my client

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mr martin frazier burn did you participate in the walkthrough i did not my colleague did

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attorney cook and it was and ms odessa and communicating with her at the time it seemed

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as though everything was uh you know they understood why the addition was necessary to

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maintain here's the property in question right across the street is this is all rm1 uh and then

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the other corners are also two units it's just a matter of uh commercial mixed use okay why don't

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That's on Lehigh Avenue.

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Mr. Fraser?

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Mr. Frazier.

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Morning.

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Morning, Mr. Frazier.

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Good morning.

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Good morning.

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Hi, could you please state your name and spell it for the court stenographer?

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Yes, my name is Martin Frazier, spelled M-A-R-T-I-N, last name F-R-A-Z-I-E-R.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth.

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Yes, sir.

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Please proceed, counsel.

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Thank you.

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Mr. Frazier, did you hear my presentation to the board this morning?

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Yes, I did.

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Is it true and accurate to the best of your knowledge?

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Yes, it is.

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Do you adopt it as your own testimony?

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Yes, sir.

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Very good.

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I have nothing further, Mr. Chair.

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There are other folks on the meeting, on the hearing, that I believe would like to testify.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney?

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Yes, Mr. Chair.

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We did receive two emails of opposition, one from the Swamp Appeal Neighborhood Parcels Association, indicating that they are opposed to the variance, requesting the board deny this variance appeal.

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We also received the email of opposition from all in the family.

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Opposition from all in the family?

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Correct.

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okay i'm surprised mr chair i i'd like to call back my client just to put something on the record

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based on the law mr fraser yes i'm here thank you please proceed counsel thank you mr fraser

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just to remind you you're still under oath uh you did you uh attend the walkthrough with the rco

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all in the family yes we we actually had a walk through uh so the week just a yes or no

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mr fraser just a yes or no that's all you did attend is that correct yes okay were there not

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were there not six community members all within a hundred feet living all within a hundred feet

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who toured the property and supported the the the variants yes it was and some of them are here now

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Okay. Very good. Thank you. And we'll have those immediate neighbors on in a minute. Thank you.

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Questions from the board? No, I'm sorry. Questions or comments from the virtual audience?

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Yes, Chair. I have a Keith Davis with their hand raised. I've allowed them to speak.

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Sure. Good morning, sir. Could you please state your name and spell for the course stenographer?

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Yes. Good morning. Can anybody hear me?

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I can. Please state your name and spell for the stenographer.

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My name is Keith Harris. K-E-I-T-H-H-A-R-R-I-S.

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

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I do.

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Are you a neighbor?

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I am.

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Please proceed.

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Good morning, Mr. Chairman and the board. I'm the ward leader in the district.

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We did have the walkthrough with all of the family.

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They were probably impressed with the layout of the facility.

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I'm shocked that they will vote against it.

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I really am because they said that they just had an issue with the trash.

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Also, the other RCOs, other than all the family, their distances from this location is really beyond the boundaries.

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They're just crossing the boundaries, and all the family is kind of the convener of the RCOs.

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But Mr. Frazier has done a remarkable job, not only to that house, but to that block.

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I've been having problems as a ward leader.

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And prior to being a ward leader, I was the chairman with this block forever.

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And I've been a committee person since I was 22.

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I'm 62 now.

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And that block has been a drug-infested block ever since I became in my 30s.

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It's been horrible.

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And Mr. Frazier has seemed to be able to get the neighbors together, talk to the neighbors,

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and quite the calm, you know, bring calm and get rid of the violence on the block.

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He's not just a landlord.

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He's been a community leader on that block, and I commend him for that.

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And I'm hoping that we can give Mr. Frazier some leniency.

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You know, you know he made a couple of mistakes in the beginning.

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He's came back to correct that, to rezone it.

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And just like the attorney said, and I've seen the paperwork,

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this has always been a duplex

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and he's made another interest

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because it always wasn't one

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it always wasn't two interests

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it was one and he's made it convenient

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for the dwellers that will be living

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in that property. Thank you.

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Mr. Harris, thanks for taking the time to call.

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Other people in the virtual audience?

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Yes.

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Conlon Cressley has their hand raised.

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I've allowed them to speak at this time.

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Right. Good morning, Chair. How are you? Good morning, Mr. Crossley. You've already been sworn. Just for the record, state your name, please. And my name is Conlon, C-O-N-L-A-N, Crossley, C-R-O-S-L-E-Y. All right, please proceed.

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Right.

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um i had uh spoken to um miss uh dr odessa tate from all in the family um quite a few times about

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this she's she's not able to attend right now however um she is in opposition of this as the

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coordinating rco additionally the swan poodle civic is also or excuse me swan poodle is also

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in opposition and the reasoning for all in the family and not support I shared with board

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council this morning was the spacing did not accommodate the apartment style light living.

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There is an illegal rear erection that was done at the space that is not suitable for a first

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floor apartment space to convert this into a one bedroom and the trash storage initially installed

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initially entailed tenant storage space in the rear alleyway.

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And lastly, the architectural plans presented had inaccurate room sizes

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and were not done professionally.

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And that's all.

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I just wanted to make sure it was on the record for on the docket.

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Thank you.

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Thank you, Mr. Crossley.

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And Mr. Chair, just would like to touch on each of those notes.

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The trash.

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Vern, why don't we do this?

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why don't we see who else is in the audience and then you can touch on all of it okay thank you

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um anyone else in the virtual audience um yes chair adrian fernandez looks like is um in the

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audience i haven't got them to speak adrian just state your name you've already been sworn

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adrian yes adrian you've already been sworn just state your name for the record

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okay can you hear me okay i can't i can't okay all right um uh three i think there's five rco

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affected rcos on this adrian just for the record state your name please oh i'm sorry adrian

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fernandez okay please for this address 2400 west oakdale street 19132 um there are five affected

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RCOs, three of us, the coordinating RCO is the affected All in the Family, and then Strawberry

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Mansion, Concern, and also Swampaddle RCO. Swampaddle RCO is located closest to this property

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of about three blocks. We held extensive meetings with the owner. I believe he had another attorney

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before so it's going on for a while and at the meeting on the family notice first that the owner

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had violated the permit that was issued where it explicitly said to do not alter the structure

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they replaced a window with a door and there is no evidence that this property

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was ever a duplex and also Mr. Anastasio noted there's never been any rental licenses

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We did have difficulties with the owner giving lots of misinformation, including giving misstatements by L&I inspectors.

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He was saying that the L&I inspectors told him to violate the permit.

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He named several L&I offices in North Central and North Philadelphia on C.C. Moore Avenue and also American Street.

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We know these inspectors, and they do not tell permit holders to violate the permit.

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When we kept asking him not to make these misstatements about them, he continued, which was pretty disturbing for us because they were not even there to defend themselves.

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The property is very small.

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We were all opposed, even after we had special meetings with the owner, and he refused to tell us the truth about violating his permits, even though we could see it.

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I walked past it probably every month, so I knew that door was not there that he installed.

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and he took out all the open space in the back of it.

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These houses are very small.

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They're very small.

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Because the owner is showing a problem with following L&I instructions,

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supplying with his permit,

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and also not willing to go through the zoning process,

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he altered this house and rehabbed this house before any ZBA public appeal hearing.

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We're asking that he just use the house as a buy right and rent it as a single house.

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Single house rentals are very successful in our area.

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Many of them rented long term for over 10 years with good tenants.

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with good tenants. If ZBA does not deny this variant, we were asking for four provisos,

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if

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ZB

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the first one being a limit of two units, the second one being that the trash and recycling

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be stored indoors, the third one is no basement living, and the fourth one is no rooftop deck

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occupancies. However, a swamp of RCO is opposed to this variant. The owner does not seem to be

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able to manage more than a single-family rental, and we are asking that the ZBA please vote to

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deny this variant. Thank you very much. Thank you for calling us. We appreciate it. Is there

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anyone else in the virtual audience? Yes, Chair Strober, Managing Community

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concerns with the hand raised. I've allowed them to speak at this time.

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good morning good morning can you hear me i can't could you please say your name it's

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spelled for the court stenographer my name is bonita cummings b-o-n-i-t-a c-u-m-m-i-n-g-s

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

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truth. I do. Please proceed. I am an affected RCO for 2400 West Hotel Street. There was a special

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meeting held. Vern Anastasio was not in attendance at that meeting. At that time, as you know,

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there was a walkthrough schedule. But what was discussed with the attorney that was present for

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that special meeting was very alarming because he also mentioned using adverse possession of the

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alley just so that they could block off the alleyway for the use of trash. The property on the first

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floor has been completely destroyed in that the extension takes up the entire open space of that

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property where even a living tenant or a family living tenant would not have any use of even

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their back their back area so the residents of that block are in jeopardy based on the proposed use

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of trash storage to take the alleyway away um from that block so this property needs to be

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uh restored to its proper use and again you've already heard evidence of uh no real evidence of

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it of him getting it in a multifamily use and he placed a second door so we don't want to have our

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our families locked in their houses and not having uh access uh to getting out of those alleyways

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based on a tenant or landlord proposing that he can he's going to take away the alleys for storage

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and mr anastasio was not present so he cannot speak for excuse me of the proper the other

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attorney who spoke with us at these meetings about what they were proposing for trash use

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the trash use thank you mr i'm sorry can the witness stay on for a moment mr chair sure

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thank you ma'am are you there miss cummings miss cummings

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please unmute

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miss cummings hold on

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they've still been allowed to speak but they're not unmuting

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miss miss cummings mr anastasia has a question thank you miss cummings

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miss cummings uh you didn't attend the walkthrough did you

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i was at the special meeting i was not at the walkthrough that was that was more than a year

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ago i'm asking you where the walk no that wasn't a year ago we just had we had the meeting where

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we scheduled the walkthrough the walkthrough was scheduled the week after the meeting

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no it wasn't a year ago did you attend the walkthrough i did not thank you mr chair

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Wait, wait, wait, wait, wait, wait, wait, wait, one minute.

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So is there anyone else in the virtual audience?

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There was a meeting, okay.

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Is there anyone else in the virtual audience?

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Yes, I have Ronnie Wilson with their hand raised.

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I'm not going to speak.

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Hi, could you please state your name

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and spell for the court stenographer?

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