civus
Hearing video

ZBA Hearing - July 19, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 19, 20234h 41m

no chair questions or comments from the virtual audience

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this is hillary um miss henson i have a quick question um is is the assembly and entertainment

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use that you're proposing is that on the first floor and is there another use on the second floor

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um the first floor yes that's what I'm asking for the provision for the second floor is um

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a rental is it one one dwelling unit

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what is it like one one one apartment I'm sorry one apartment yes on the second floor yes correct

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okay all right Mr. Chair I would just um recommend if this variance is granted that

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we include a proviso specifying the use of the first floor with a single family household living

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above just to clarify what's what the use is at this property thank you

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um questions or comments from the virtual audience chair we have charles richardson who's

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been unmuted and allowed to speak mr richardson you've been here numerous times today yes sir i

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I had to state your name, sir.

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Charles Richardson, Office of Councilwoman Cindy Bass.

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Councilwoman has no opposition to granting the variance with the applicable provisos that have been offered.

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Thank you.

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Planning Commission.

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Sir, Ron Bednar, City Planning.

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This property is currently indicated for commercial mixed use.

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proposed special exception will not cause detrimental impacts to the neighborhood beyond

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what normally might be expected for this use. City Planning Commission recommends the board

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grant the special exception. MI 2021 003 544 5007 North 5th Street. I vote yes. First floor special

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exception for assembly and entertainment. Second floor residential use. Thank you.

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Thomas Holloman, my vote is yes with provisor.

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James Snell, my vote is yes with provisor.

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Ishmael Shaheed, my vote is yes with provisor.

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Number five, MI 2023-003-348-5120 Marion Street.

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Henry Clinton is the attorney.

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It's a reconsideration hearing.

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The hearing is limited to the presentation of evidence and testimony regarding multiple family dwellings in the immediate area of the subject property, as well as whether it would be financially feasible to build a single family dwelling at this property.

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The testimony and evidence from the March 22, 2023 hearing on this matter is incorporated into the record for this hearing.

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Mr. Clinton.

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Chair, Henry Clinton's coming back in as a panelist now.

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Thank you.

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Mr. Clinton?

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Mr. Clinton, could you state your name, please, and spell for the court's stenographer?

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Sure. Henry Clinton, H-E-N-R-Y Clinton, C-L-I-N-T-O-N.

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

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I do.

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Could you identify your client, the relationship to the property?

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Sure. My client is Advanced E Enterprises, the principal of which is ANAT, A-N-A-T, Madar, M-A-D-A-R, and she is on the call.

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Okay. And you heard my comments earlier?

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Yes, I did, Mr. Chairman.

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Okay. So your first, your presentation for your applicant, please.

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Can I share my screen?

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Yes, sure.

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is that visible mr chairman it is it is all right so i i do understand that the board's direction

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and i'll get right to it first of all i'd like to uh thank the board graciously for giving us

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Thank the board graciously for giving us the opportunity to represent. Both my client and I understand it's not casually granted. This is my table of contents, some of which were already part of the initial presentation back in March, which included a letter of support from Faith Community Development, non-opposition from SOLO, and non-opposition from the Councilwoman, Cindy Bass.

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the opportunity to represent both my

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These are the refusal, which is the single issue is we're requesting a two-family dwelling,

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and this is in an RSA 5 zoning district.

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These are the letters which were already in the record, 17 to 0, with the coordinating RCO,

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and then another RCO voted non-opposition, but everyone at the meeting voted in support.

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these are the chart of values of the properties in the area. So what we're asking for is to have

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a two-family property on a corner property that has been vacant for a minimum of 20 years.

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The market value of the properties according to the OPA assessment rolls, and as the chairman

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knows, the assessments are equal to the market value, are all in the $90,000 to $107,000 range.

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That's for the purchase of an existing property on this block.

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There's one outlier at 5133, but the bulk of the properties are all in the 107 or less category.

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This is an aerial photograph.

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The property is right here.

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And if you look around the neighborhood in this quadrant, I think that is the only vacant lot.

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And we believe it's been vacant because the cost of construction would certainly exceed the market values of the properties in the neighborhood.

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And on point with what the chair asked, we went around the neighborhood.

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We looked at the three-story and also multifamily units in the immediate walkable area.

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And I'm going to go clockwise.

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At Knox and Mannheim, there's a three-story property. Right down the street on Knox Street, 5136, there's a duplex. And I have documents at the end that support each one of these categories. On Hansberry Street, there's a three-story on 155, 157, 159 Hansberry.

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There's three stories across the street on the even side of the street.

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There's two duplexes still on Hansberry and still on the 100 block of Hansberry.

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We have a corner store with a mixed use and we have 130 Hansberry is a duplex and also directly caddy corner to our lot, which we hope to develop is a three story property.

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These are the back supporting documents of what I just went through, indicating the duplexes in the neighborhood, Hansberry.

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These are aerial photographs.

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Not only do the zoning records support the multifamily, but also when you walk the neighborhood and look at the mailboxes and or bells on the front entrances of the property, it's supportive of what the zoning records indicate.

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This is 152 Hansberry. Again, the photograph indicating that it's a duplex. You can see there's two doors to that property. 156 Hansberry duplex, two mailboxes, which conform to the zoning record.

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there's a duplex at 51 36 box excuse me nox this is the store i pointed out handsbury and nox

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it's mixed use with the two meters store on the first floor apartment above

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and then i want to walk through this three-story homes in the area because i believe that was one

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of the questions at the march presentation are there any three-story homes in the area

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I pointed that out on the aerial view. On the 100 block of Hansberry, there's multiple three-story properties, Knox and Mannheim, another three-story property, and also on the 100 block of Hansberry, right around the street, which is also a three-story property.

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I didn't include this as a duplex, Mr. Chairman, even though there's two meters on the side, because the zoning records didn't support that.

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So I'm not trying to point out that someone may not be kosher with their use, but there are two meters on the side of the house.

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And we believe that also may be a duplex, but I don't want to represent that.

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The remaining documents are duplicative of what I showed the board in the past.

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The other thing that did not occur at the March hearing was there were a number of individuals who were ready to testify, did not get the opportunity.

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There were a number of individuals who were ready to testify, did not get the opportunity

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for whatever reason, but I understand they're back on the call to voice whatever concerns

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that they may have, because that was one of the issues that I raised in the motion for

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reconsideration.

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And not to read into it, but in my motion for reconsideration, I indicated that there

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were individuals besides the RCOs, which were the one RCO in support, one RCO in non-opposition,

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there were individuals in the neighborhood who didn't, I think they didn't raise their hand

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because they thought it was going to be okay because of the support that we had, but unbeknownst

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to them, they should have raised their hand, and hopefully they have their hands raised today,

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whether they're in support or in opposition. So in summary, I like to say that, you know,

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asking the board to look kindly upon this variance because it's a long vacant corner lot

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and it's going to undevelop for at least 20 years.

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Sale prices, market value assessments in the area

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are in the $100,000 range.

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To build a building like this

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or even a single family home

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would cost double that at a minimum.

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We're not altering the essential character

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of the neighborhood.

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There's other, there's at least five duplexes

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and five homes that are three stories.

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We're not impairing the development

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of any adjacent properties.

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We're taking a blighted lot off the vacancy rolls and making it a livable structure.

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We're bringing more people to the neighborhood and onto the street.

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We have no issues with height, open space.

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As you can see from this site plan, Mr. Chairman, members of the board, we're matching the elevation of the property next door.

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We've included brick along the side facing Ashmead Street.

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The depth of our house matches up with next door.

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There's a huge rear yard. So we're trying to conform with the footprint and the elevations of the other homes in the neighborhood so it doesn't stick out.

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The other thing is we believe it's in harmony with the code. We believe it's in harmony with what the community wants and what they've expressed, because the chairman may not remember there was a prior application in 2021 for this exact same property.

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but it was considered, I believe, by the board at that time, an overbilled.

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So my client withdrew that, went back to the community with the entire revised plan,

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which resulted in our original presentation in March of this year.

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So with that, I would rest and entertain any questions and also have my client adopt my testimony, Mr. Chairman.

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Bring your client on, please.

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Ms. Madara, can you unmute yourself?

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Okay.

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MR.

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MS.

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Oh, wait a minute.

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She just put her hand up.

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MS.

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at Lees.

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She may be

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participating.

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Why, could you state your name,

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please, and spell for the court stenographer?

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Yes, sir. My name is

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Anat Madar, A-N-A-T

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Madar, M-A

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D like David,

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A-R like Richard.

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Do you swear for him to tell the truth, the whole truth,

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nothing but the truth?

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Yes, sir. Proceed, counsel.

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Good afternoon, Ms. Medar. Were you on the call, on this Zoom call, when I presented your project?

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Yes.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you very much.

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Questions from the board?

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No, Chair.

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No, Mr. Chairman.

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Questions or comments from the board?

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Thank you. Questions or comments from the virtual audience?

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Chair, we have a Rod Ripner.

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They have been unmuted and allowed to speak.

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Hi, sir.

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Could you state your name and spell, please, for the court stenographer?

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Rod Ripner, please unmute yourself.

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Can you hear it?

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Yes.

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Could you state your name and then spell for the court stenographer?

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Yes.

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Rod Ripner, R-O-D, Ripner, R-I-P-N-E-R.

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Right.

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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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Yes, of course.

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Are you a neighbor?

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Yes, I am.

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Proceed.

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Okay, so I live in 130 Ashmed, which is exactly across from this lot.

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And I was actually in all the meetings, including the community meeting.

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First of all, I want to say the developer did come to most of our requests.

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We really came forward to try to make it, you know, match the neighborhood look and make sure that everything works.

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you know, match the neighborhood look

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and make sure that everything works to our demands.

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First of all, thank you for the developer.

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And as part of the community,

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we always, all of us, we voted yes,

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but we would love to get this slot built up.

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And of course, as a duplex, we approve it.

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Okay. Thank you for the taking the time to call in.

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Is there anyone else in the virtual audience?

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Chair, we have a Zakiya Jenkins.

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They have been unmuted and allowed to speak.

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

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Yes, name Zakiya, Z-I-K-E-Y-A, last name Jenkins, J-E-N-K-I-N-S.

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

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I do.

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Are you in favor of the project?

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I am in favor of the project.

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And are you a neighbor?

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Yes, I was at 159 Watansbury Street.

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Right. Thank you very much for taking the time to call in.

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Is there anyone else in the virtual audience?

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Chair, we have the phone number ending at 7798.

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Caller, please unmute yourself and wait for the chair.

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

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Hello?

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Hi, could you state your name and then spell for the stenographer?

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Yeah, Edon Shlomo, E-D-O-N, last name Shlomo, S-H-L-O-M-O.

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Right.

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

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I do.

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