civus
Hearing video

ZBA Hearing - March 31, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 31, 20215h 23m

Their proviso request was for two years.

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Mr. Chairman, again, the board granted a five-year temporary in 2009.

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They renewed it in 2014 for another five years.

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To suggest a two-year variance is going backwards,

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and there was no justification nor reasoning provided by the RCO,

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nor was it even discussed at the meeting.

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It just appeared in the letter.

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I think at the time, it's time to move forward

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and give these businessmen some peace of mind

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that they can operate in the future.

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All right, thank you.

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Anyone else would like to testify in this case?

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Please raise your hand.

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Don't get me wrong.

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I don't mind coming back every five years.

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I hear you.

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You can do it every five months, if you like.

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You're right.

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I'll file my application today.

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Anyone else to testify?

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No further hands at this time, Mr. Chair.

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Thank you.

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Planning Commission.

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Thank you, Chair DeChico.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the board, this use is a well-established use.

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There are a few, if any, complaints about its presence on the block.

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City Planning Commission would recommend that the board grant the variance without proviso.

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MI 2020, that's 001-278-5247-Frankfurt Avenue. My vote is yes with the proviso.

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a five-year temporary variance.

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A five-year temporary variance.

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So the five-year would end April 1st, 2026.

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Is that correct?

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Five years to expire April 1st, 2026.

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Seems right.

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My vote is yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Thank you.

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Mr. Chairman, thank you very much.

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That concludes my business until the 2 o'clock list.

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May I be excused?

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See you then.

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Talk to you.

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Calendar number 002.

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Yes, Sharon.

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Hi.

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I actually have Mr. Schwartz on the line right now.

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Okay, great.

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To get the board through.

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They're in between cases.

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I'm trying to get them to call you now.

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Okay.

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I'm going to, would you be able to go back to the first case on the add-on list?

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and i will um sure i'll call it in right now thank you sure calendar number zero three eight

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three twenty eight ten frankfurt avenue okay i'm looking for mr schwartz and sloan folks

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and madam vice chair this is the one that i will not be participating in because i was not at the

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original hearing right um mr schwartz can i confirm that you can hear this and are available

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hello hello can mr schwartz can you hear the board speaking yes i can thank you okay thank you

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and mr folks you're there yes ma'am yes i'm by share okay this appeal was mistakenly voted on

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march 24th before sloan folks of councilwoman sanchez's office had an opportunity to put

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the councilwoman's position on the record we are therefore vacating that vote and reopening the

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record to allow mr folks to testify so you may respond thank you ma'am i just uh sloan folks

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office of councilwoman rea can you understand chesney 508 city hall um again i'd like to thank

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the zba board for allowing us this opportunity and mr schwartz for returning um the councilman

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would like to say that this uh property has been in the in the uh in the queue for a

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request since the autumn of 2019 um our office requested a continuance uh for the for for the uh

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for this case back in September, September 14th of 2020 and October 27th of 2020 in hopes to

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take part in the discussions with the community and with the applicant and to better understand

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the request. Specifically, given the crisis that the community is confronting with, that that

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community, the Kensington community is confronting with opioids, she had hoped that there would be

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an opportunity for dialogue with the applicants but that did not happen so given the support

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the applicant has received from the RCO and the state the councilman has no opposition

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to the request that's our statement thank you okay calendar number zero excuse me Mr.

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Schwartz would you like to respond yes the councilwoman supports and that's it yes that's

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fine that there's no request for a co or anything no excuse me you're you're being heard by the

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board mr schwartz so you can speak to them um no again i apologize to the board uh because i was

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ill and uh i just couldn't uh i apologize again um okay well we do hope that you begin to feel

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better okay then the board can go ahead and vote the case there are no provisos no or anything no

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do or not calendar number zero three calendar number zero three eight three 2810 frankfurt

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avenue my vote is yes my vote is yes my vote is yes my vote is yes

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okay we have enough votes calendar number zero zero two nine fifty four oh five christian street

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I promoted Mr. Gossett to a panelist.

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Mr. Gossett, he has to unmute himself.

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Mr. Gossett?

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Please unmute yourself, Mr. Gossett, if you are available.

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I'm sorry, Mr. Hand, can you promote the other device he has?

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He might have two devices on, and his hand is up again.

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just promoted the other device to uh panelists

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Mr. Gossett you can put your camera on and unmute yourself to proceed

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okay good morning can you hear me hi Mr. Gossett yes and we can also see you put your name

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your address on the record please and spell your last name. 4840 Old York Road, Philadelphia PA

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19141. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do. Do you also agree to wait the reading of the refusal and stipulate to its accuracy?

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Yes. Have you emailed the exhibit packet with proof of ownership, tax compliance,

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photos and or plans of the property, refusal or and or referral, five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter?

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I do.

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Thank you.

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Yes to all.

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Very good.

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Good morning, everyone.

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This is concerning a refusal on the property 5405 Christian Street.

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The applicant who would be the tenant is Amelia Bond.

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And she hopes to open up a restaurant in the downstairs location and have an apartment upstairs.

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It would be a sit-down restaurant on the first floor, the same building.

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Mr. Gossett, I apologize for interrupting, but do you have a file or an exhibit package to share?

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Yes, that exhibit package was sent, and I can also share it.

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Yes, could you do that, please?

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Yeah, I just need to walk you through.

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No worries.

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Okay, great.

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Thank you.

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This is Sharon Saleta.

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If I can put on the record that Councilwoman Gauthier's Andrew Goodman from her office emailed today to say that she has no objection.

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So once you open up your exhibit package and it's open, then you go to the green button at the bottom of your computer that says share.

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Okay.

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Once you click on that, and click on, there you go, and it's opening up for us.

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I'm zooming, okay.

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I will start with the photos of 5405 Christian.

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Thank you kindly.

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All right, can everyone see that?

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Not yet.

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So actually what you need to do, Mr. Gossips, is unshare again,

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because you have to open up the specific file you wish for us to view prior to screen share.

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Okay.

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So click the green button.

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All righty.

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Now open up your exhibit so you actually see it on your screen, then hit screen share again.

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Okay.

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Thank you for your patience.

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It's our pleasure.

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All right.

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Come out of that.

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are you able to see it great okay yes we have it thank you all right okay so the first uh pictures

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are the actual picture uh the document showing that the i'm sorry the zoning notice

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that is a copy of the refusal

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and these are the actual photos of the the property itself just to give you a back history

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on the property it is a two-story property that has that is zoned uh residential rm1

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It has a apartment on the first floor and has been used.

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It has an apartment on the first floor and has been used throughout various times as commercial space.

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There was a use, it was used as a clothing store in 1993.

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I'm sorry, it was approval was approved for a clothing store in 1993, but the permit was never picked up.

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and also in 1988 the property was being used as a beauty salon as a result of it of a period of

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inactivity the property lost its zoning and was not being used as commercial space. I'm sending

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you I'm going to scroll through just a few pictures so that you can see what it looks like

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in relationship to the neighborhood.

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That is a corner of 54th and Christian Street there.

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I do want to bring out to the board's attention

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that the property right next door to the property

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is being used, I believe, as a commercial barbershop.

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that's a picture of the neighboring properties on 5405 Christian Street there are various

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properties they're residential and commercial properties both both on that on that particular

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strip that is a picture of the intersection of 54th and Christian in Baltimore Avenue

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to where the two major intersections that intersect in front of the property.

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This is a picture of the interior of the property as it is right now. The plan is to build out

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a seating area where patrons will be able to come in and eat their dinners or food there.

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This is an actual picture of what will be the customer restroom, view of the kitchen area, and there's also a kitchen area with a bathroom specifically for the staff.

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This is another picture of the dining room area.

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That is a stairway to the basement for storage for food items and also things necessary to

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run the restaurant.

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This would be the office area.

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and the

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backyard area will be for

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trash

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to be stored

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and this is the alleyway that leads from

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the breezeway to the

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actual

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main area of the

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property.

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Okay, with regards to the actual procedures taken on September 26, 2020, there was a Zoom

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community meeting. The RCO was West Philadelphia Economic Development Council. I believe the

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representative is on the call, too, if additional questions need to be asked of them.

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There was a vote that was given with regards to the matter, 32 votes in support, seven votes were by way of a call, and there were eight votes in opposition.

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So the total in favor of the proposal was a total of 39.

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I have on the call

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the applicant

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Ms. Amelia Bond who is

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present to answer any additional

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questions that the board may have

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and there's also

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I believe Mr.

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Kyle

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Sampson of the West

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Philadelphia RCO is also

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on the call. Does the board have any

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questions for me?

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No.

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Okay, at this point, does the board have any questions for the applicant, Amelia Bond?

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We need to get your client on, I'll swear her in, Ms. Bond, if you're available, please

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raise your hand.

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Mr. Lord Carpenter's

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hand has been raised

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do I allow him to speak

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good morning sir please identify yourself

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with the record spell your full

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name and address

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spell your full name rather and provide us with your

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