civus
Hearing video

ZBA Hearing - April 2, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 2, 20257h 53m

thinking that this was going to incite more drug activity, that this was going to invite more

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people to come to the neighborhood, as opposed to really understanding that the mission of this

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is to provide a substance free space. This is not a clinic. There's no medical anything going on

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here. And as of right now, I've been to this property probably 15 times going back and forth

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with them through this. There's a ton of drug activity going on there now. And this is a blighted

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building with no fencing and no lighting, and it's not cleaned up. So I don't know that it's,

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I'm not an expert in these facilities to say that it wouldn't bring people there, but there's no way

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it would be at the level that they're thinking. And instead, it would provide a safe environment

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where people could go and people 18 and older could go if they needed a safe space as well.

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And all the lighting and security and the investment that they're providing, I think,

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will do almost the exact opposite, hopefully. I just included the petition so that you could see

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there was no information that they provided on their petition that i could identify where these

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people lived half of their names where they came from why they weren't at the meeting before any

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way to contact them so um that's just made it very very difficult um for that second meeting

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um we then uh spoke with the council office i am sure conlon's on the call

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but before we go to the council office i also want to make note that this project has been

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worked in collaboration with the state and state centers and state reps as well, has received a

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grant for $500,000 for them to help renovate this space. So this is something that has been

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supported on a bigger level than just locally. And I do think when we go through our letters

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of support that you'll see, given the outreach, that it wasn't me, it was Lauren. So kudos to her

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and her team for spending hours and weeks and months going out and trying to engage with people

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and share with them this mission and get them involved and just really they want to be a great

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community partner and educating them on the mission of the phoenix so they can be a resource

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but it is worth noting that there is state support for this project as well

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and and financial investment given the value that they're providing in the mission of

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both this mayor's administration and i think the entire city and trying to help

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support this this epidemic with substance abuse in our city and other resources besides just

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clinics to help support that cause we basically submitted i think about 200 or so odd letters

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postcards that have been mailed both to the zba and the council office just to really evidence

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that there is real support for this and we included people's names and their signatures

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and their phone names and their addresses just both people that live close by people that live

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a little bit further over and then people just in that district as a whole and just wanted to make

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and just wanted to make sure that we provided that information as well just given the the

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sure that we provided that information.

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great work that that this organization seeks to do in our city so i think this has been sent to

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you all and uploaded so i won't belabor every single last one but it is well more than anybody

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that has ever voiced any opposition to this this project given all of this that was submitted to

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the councilman's office the councilman wrote a letter basically stating that

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I don't know if Conlon's on and wants to read it but it basically states that

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we have it he's aware that there was multiple meetings on this and that there was a yes vote

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and then a no vote and he also knows that they've gotten an outpouring of support as well and his

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letter just kind of recaps that at the end you know kind of just says our office received postcards

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and a petition various interest showing support for the project um so that's kind of all i have

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on this uh this matter happy to answer any questions and we have our team on as well why

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don't you have your client adopt your testimony? Yeah, I'll need Scott Strode. He's the CEO

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to adopt the testimony about it. Is he online? Yes. Okay. Scott?

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They have been promoted as a panelist. They will be coming in shortly. Okay.

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This is Scott Strode with the Phoenix. Good afternoon, sir. Could you please state your

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name and spell for the stenographer yes my name is scott strode s-c-o-t-t-s-t-r-o-d-e

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you swear or firm to tell the truth the whole truth nothing but the truth

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i do please proceed counsel thanks scott have you heard my testimony today and do you adopt it

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as your own and do you believe it'd be true and accurate yes i have and yes i do and just on the

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behalf of the phoenix you have the authority to uh speak on their behalf correct yes i do thank

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you questions from the board yes okay i have two questions one what are the surrounding uses

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on the block currently so there's a mix it's a lot of vacancy but right across there's a cmx2

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at 10 52 to 54 there's a assembly and entertainment it's a nightclub

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and then there's some residential um on the um not on the roy street side

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industrial and r block okay so and then it's a mix what's the hours of operate the intended

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hours of operation for the gym yeah can is she recording yeah please i could you please turn your

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mic on i could you please state your name and spell for the stenographer my name is lauren johnston

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L-A-U-R-E-N

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Johnston

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J-O-H-N-S-E

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Tell the truth, the whole truth, and nothing but the truth

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Please proceed, counsel

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You were just asking

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what the proposed hours of operation would be

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Yes, so the proposed hours of operation

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would really be

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what we'd work with the community to determine

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the specifics for that

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but from our other locations in Denver

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and Boston, it ranges from 6am

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to about 8pm

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Okay, and then

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um what happens if a person comes in for gym services and then they don't they test positive

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for drugs so we don't do any sort of um testing think of it sort of the same way you go out in

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the community and attend a normal establishment um if you are visibly intoxicated uh we'll ask

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you to leave and come back another day okay other questions yeah i do have a question because so

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So I think you mentioned in the testimony that a client would need to be clean for 48 hours.

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And I was trying to figure out how do you determine if somebody's clean for 48 hours?

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How do you know?

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So it's the same thing there.

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It's a self-verification honor system.

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So the intent of that is also to protect those individuals that identify as in recovery in the space and also allow for friends, family, allies, and supporters who might not identify as in recovery

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to be able to use the space as a free resource in the community how far how far is this facility

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from from sort of the epicenter of the drug um issues in philadelphia um it's not in kensington

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so it's like there's not active drug use going on in the area um people would not my like myself

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a person in recovery like it's not an area that um would be triggering for anyone

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um so the the funding that you receive from the state

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did it require community support or advocacy from the community to get

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did it require community support or advocacy from the community to get the funding we had

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the funding before we had to submit any letters of support or anything like that

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so the community wasn't aware that the state was funding something that was going to come into

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their community so far as you know yeah we had letters of support from the uh elected officials

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but you're asking if the community had we had applied for it the grant we didn't know if we

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were going to get it or not get it so just the timing of that worked out that way but they didn't

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ask us to meet with the community they knew that we were involved rep burgos has attended a number

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of the meetings they knew the work that we were doing but it wasn't like contingent on that now

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obviously if we don't get the zoning we can't build the project there's rules around the grants

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and stuff like that but we don't have it like in hand at the moment as far as like in a bank account

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it can take a year two years three years to get grant money from the city but there was not a

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direct. Hey, can you meet with the city? They knew we were going through zoning now. So.

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Question. Okay. So how do you, how do you, I'm sorry, I'm having trouble. Okay. How do you

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restrict access of this to just folks who are in recovery here? How do you advertise this? Or how

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How do you I mean, is this if if somebody who isn't considered to be in recovery in some way, can they come to this gym just like anybody else?

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And do you have like a membership or is there some kind of how do you how do you control this?

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Yeah, that's a great question. So one of the things the way that the Phoenix was started was it was built as a community of athletes that were in recovery to support one another.

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and bring more as we've kind of evolved we recognize that one recovery is very multifaceted

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and it does not only um cover like substance use meant pretty much everyone in the community is in

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recovery from something so we stick to this is a substance free a sober space um whether that

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be how you identify or not the aim of it is to promote healing and bring safe spaces within

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community and also actively say we are a sober organization and this is a substance-free space

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and this is normal and healthy for the community to have you and i could walk into this gym there's

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as far as how do you access it there's a website where you can sign up for classes okay um and then

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there's also um so you can sign up for classes it'll show you if it's in person or virtual and

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then there's an app they have as well so you can schedule like if you any like any other gym like

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if you want to go to yoga or you want to go to whatever if i walk in a gym nobody's like worried

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if i'm sober or not i am but it's kind of the same idea and the idea was not to put some

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like stigma around it so that people who wanted to have a place like that but maybe don't have

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haven't announced that they've you know been struggling with addiction the way that they've

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sort of branded this is like that's people who know do know that and that's the environment that

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they're creating and they do a lot of outreach to educate people on that but you don't want people

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to feel uncomfortable if to go to a place like this or if I have friends or family this is a

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place we could go to take a class together which might be more comfortable because they're surrounded

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by people who are involved in the same mission as they are but if you were to walk into it there's

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not signs that say it makes it that obvious but um and just to the question about people just

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walking and we did discuss that at nauseam with the community because we totally understood like

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that concern it's it's either easily identifiable i think a lot of us could pick it up but they

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are working with another organization that has trained individuals that stand sort of in the

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fronts and around the facility because the whole point is to keep this a safe place so you have

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someone walking in that is not adhering to those guidelines there's trained people that can help

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remove them or or talk to them or pull them aside in a way that doesn't damage the entire environment

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but that was a question that a lot of people had asked you just can't stop people and drug test

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them and then wait and be like now you can use the dumbbells like you just can't do that but

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But we're very sensitive to making sure that that gets addressed.

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And I think also with all their outreach they've done in the community, they'll get to know some of the people because they'll be there and they'll have a stable place there.

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You start to get to know who lives here and who lives there.

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And Lauren's done a great job with especially the near neighbors and the near businesses who have all been sort of very helpful in addressing concerns, talking about hours operations.

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Can we do different events here?

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So it really becomes that kind of a space over time.

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Thank you.

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What's the occupancy?

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The number of number of individuals that at one time, Evan, are you able to answer the occupancy or estimated occupancy?

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or estimated occupancy. I don't have the max occupancy at hand. I can, if you let me come back

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I don't have the max occupancy.

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to it, I can give you an approximate answer. Okay, let's go. Questions from our attorney.

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Just a couple of questions. One, this is, this is being described as a gymnasium and normally

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that falls under personal services, not assembly entertainment. Did you have an explanation from

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lni as to why it was put under assembly and entertainment i think evan and team had submitted

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that initial application i don't know if it's a size and scale issue um evan do you can you weigh

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in on that she said why is it assembly and entertainment versus personal services um

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um I well let me answer the previous question um about occupancy we are and we haven't submitted

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for a building permit yet so but our I believe it's about 100 105 people is in the main space

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for the occupancy and as far as the specific use um I I don't have a specific answer for that

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that's how they had I had gotten to it well after it had been applied for um so

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All right. That's fine. And then my other question was with the, you know, there were revised plans and they added exterior stairs and fencing, which can generate refusal.

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So I'm all by right. It is all by right.

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Yeah. Can you confirm that, Evan, that the additions are by right?

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Correct. All by right.

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Okay. So the fencing is behind the property line, the six feet?

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Yes. Yes, there was. Yes, it's all been modified to be be by right.

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Okay. All right. Thank you.

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Questions or comments from the audience and also the virtual audience.

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Yes, Mr. Chair, I have a hand up from Connell and Crossley. I have allowed them to speak at this time.

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Good afternoon.

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Hi, counsel. Could you please, counsel, could you please state your name and spell for the sonographer?

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Conlon, C-O-N-L-A-N, Crosley, C-R-O-S-L-E-Y.

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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.

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Councilman asked me to personally come out and give a statement about this particular project.

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I'm going to read it. This project seeks a variance to use the property zoned I-2 as a gymnasium with a clientele base of those impacted by substance abuse.

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A refusal was issued because the gymnasium is not allowed in a property zoned I-2.

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The surrounding community has mixed residential and industrial uses.

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The zoning map for this area was recently changed to reflect less heavy industrial uses desired by the community.

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Two community meetings were held by the RCO, Nicetown-Tioga Improvement Team.

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The first meeting, five residents attended.

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A letter of support was issued based on a vote of three yes and two no.

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At the second meeting, 25 residents attended, including members of the 43rd Ward Executive Committee, with a vote of one yes and 24 no.

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A new letter of opposition was issued.

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Our office received postcards and petitions from various residents showing support for the project.

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Thanks for the opportunity to talk.

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That's it. Thank you, Chairman.

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Thank you. Anyone else in the virtual audience?

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We did have individuals who wanted to testify in support or whatever they want to say.

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I don't know if they still are.

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Are they in the audience?

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I'm sure I have a virtual.

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If there's anyone in a live audience, we can have to speak first.

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If not, I've got four hands raised at this time.

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The first one is Cynthia Barnes.

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I've allowed them to speak.

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

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Can you hear me?

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I can.

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Yeah.

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Speak just a little bit louder.

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Okay.

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Cynthia Barnes, C-Y-N-T-H-I-A.

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