civus
Hearing video

ZBA Hearing - April 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 21, 20218h 28m

additional time is going to do in this case. Thank you. Sharon, should we even be hearing this?

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Certainly they've had the RCO meeting. No, there is a zoning refusal, but it doesn't relate to the

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fire escape. Yes, there is a request for a height refusal, and we're happy to obviously speak to

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the merits of that and present that today, but the RCO is telling us it's a non-starter to include

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a fire escape to the rear which you know obviously we have no control over of and

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we can't control whether that's required or not by the building code. I think we'll go

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forward with the case at least to get some of this testimony. All right we'll go forward with

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the case. Appreciate it thank you. Any other requests for continuances or withdrawals?

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no more hands at this time chair thank you uh

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cheryl we begin with number two okay sure calendar number 0554 1203 pine street

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the owners are mark coleman and ronald emmerich there are also no exhibits and it's the first

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listing. Did we get any exhibits? Is Mr. Coleman or Mr. Emrick available? No hands chair. I have

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no record of having received exhibits. Okay. MI 2021-000554 1203 Pine Street is continued.

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calendar number 0630 137 south 58th street the attorney is alan knockamson

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The attorney is Alan Nockamson.

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Stop it.

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Ms. Clemente is coming in as a panelist now.

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Hi, Ms. Clemente.

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Can you put your name and address on the record, please, and spell your last name?

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Of course.

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Good afternoon, Madam Vice Chair and members of the board.

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My name is Clementa Amazon, C-L-E-M-E-N-T-A.

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Last name is A-M-A-Z-A-N.

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Address is 123 South Broad Street, Suite 1600, Philadelphia PA, 19109.

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Thank you.

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

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I do.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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have you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal or

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referral photos and plans of the property five days in advance of this hearing and have you met

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with the rco and do you have a letter yes and we have two letters of support thank you you may

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proceed thank you may i share my screen sure you may we like screens well i hope you also like

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this project. Okay. Can everyone see my screen? Yes. Perfect. So again, my name is Clemence

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Amazon. Today I'll be presenting 137 South 58th Street, and this property is owned by

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the consortium. They've owned this property for well over two decades now, and this is

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a project that I am particularly proud of. So they are looking to create a satellite

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office for their children's outpatient program. So the consortium has provided and pioneering

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behavioral health services. And at this particular building, they are looking to

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provide children behavioral services for children in between ages 5 to 18. The children receive

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individual and group therapy at the level of care that's most appropriate to meet their needs.

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Family therapy will also be provided. And there will be several other programs for enhanced

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services for children between that age group. So during my presentation I will go through the deed,

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tax clearance, the notice of refusal, our application for appeal, map of the area,

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photographs of the property, our plans and drawings, as well as the letters of support

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that we did receive from West Philadelphia Economic Development Council, as well as a

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letter of non-opposition from Cobbs Creek Neighbors. So here we have the deed indicating that the

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property is in fact owned by my client, the consortium, our tax clearance, and the refusal.

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So the only refusal that we have here is for the use as a group practitioner. The property is

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zoned as RM1. As I mentioned, they are looking to create a satellite office to provide children's

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behavioral services. And they've owned this property for two decades. They've been in the

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property for the duration of that time. Previously, they were leasing it to another facility, but

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are looking to use the full structure to provide the children behavioral health services.

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Here we have the application for appeal, the refusal, our project's information form,

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the map of the area. So as you can see, we are on the corner of Walnut and South 58th Street.

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Google map of the area and photographs of the property. Here is a view of the front of the

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property. As you can see, we have an ADA ramp. There is also parking that you will see from

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satellite view. Here's a view to the right from South 58th Street, a view of the front of the

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property dating back to 2007, indicating that this use has been in the property for some time now.

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A view to the right of the property, a view to the left of the property from South 58th Street,

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view to the right from Walnut Street, view to the left from Walnut Street. The aerial view,

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as you can see, we do have substantial parking here, and the children will be provided a band

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service. So this isn't something that will be, excuse me, densely populated or a lot of in and

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out because there will be a dance service for the children. And we have the plans and drawings.

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Give me one moment. Sorry about that. So here we have the entrance. There will be several offices

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as well as an open space and a stage area as well. And then there will be further open space

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in the lower level for different activities for the children to engage in. And here we have the

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upper level which will be used for staff offices. Most of the staff do work on site, so they will

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not be typically in this particular area all that often. And we have our letters from Cobbs Creek

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neighbors indicating that they do not oppose this project, as well as our letter from West

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this project as well as our letter from west philadelphia economic development council

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Philadelphia Economic Development Council.

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indicating that they do support the project

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here we have the notice that we sent out to the community regarding our april 5th community

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meeting we included the zoom information as well as the meeting id and passcode

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as well as the zba hearing information as well as the refusal 136 properties were notified

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a list of the properties that were notified, and our certificate of mailing.

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So with that, if I could have my client adopt my testimony, I believe it's John White.

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We just need to raise his hand.

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And sir, when you're acknowledged, just please, pardon me, identify yourself with the record,

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spell your full name.

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And I'll swear you in.

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Mr. White, you can unmute yourself.

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John White, President and CEO of the Consortium.

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What's your last name?

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W-H-I-T-E.

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We're of a firm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you. Mr. White, did you hear my presentation today?

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Yes, I did.

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And was it true and accurate?

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Yes, it was.

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and would you adopt it as your own testimony yes i would thank you very much mr way any questions

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from the board no no no would anyone else like to testify in this case if so please raise your hand

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yes chair

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any hands up yes a Kyle Sampson

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hello good afternoon sir please identify yourself with the record first and last name

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spell your last name. Kyle Sampson, S-A-M-P-S-O-N. Do you swear and affirm to tell the truth,

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the whole truth, nothing but the truth? I do. I'm president of the West Philadelphia Economic

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Development Council, which is an RCO. We participated in the coordinating RCO's hearing.

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We strongly support this. This project is a great project for the community. I live a half a block

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from it and i hope that you will approve it thank you thank you for your testimony anyone else would

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like to testify in this case yes chair we have uh mr goodman mr goodman you can unmute yourself

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good afternoon mr goodman i don't know if you were on this morning but please identify yourself for

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the record and i'll swear you in good afternoon andrew goodman g-o-o-d-m-a-n here representing

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the office of council member jamie gaudier third district room 586 city hall

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or firm to tell the truth the whole truth nothing but the truth yes i do thank you sir thank you

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mr chair members of the board council member gaudier also supports the variants being requested

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at this address this afternoon very much anyone else no more hands here thank you planning

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Commission. Good afternoon, David Fecteau, F-E-C-T-E-A-U with the City Planning Commission.

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You on this morning? No, sir, I was not. Okay, so do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? Yes, sir, I do. Thank you, please proceed. Thank you, sir.

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Mr. Chairman, members of the board, the comprehensive plan recommends this property

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for residential multifamily use. The proposed group practitioner will serve the health needs

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of a vulnerable population, we recommend that the board grant the requested variance.

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Thank you. MI 2021-000630. 137 South 58th Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Calendar number is...

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Excuse me, Madam Chair, if I could interrupt, we've had a request that the next case called be 2100 South 64th Street, because the applicant's attorney, Ms. Basilio, is going to lose two of her witnesses in 10 minutes.

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I don't know whether there will be enough time in any case to get them on, but she is requesting.

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Unless she puts her witnesses on first, because we have no idea how long it'll take.

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Okay, let's go. We'll go to that case. Calendar number 1584, 2100 South 61st Street.

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Jennifer.

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Jennifer, can you put your name and address on the record, please?

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Hold on one second. Yes, Jennifer Bazidlo, B-A-Z-Y-D-L-O, 4500 Worth Street, Suite D202,

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Philadelphia, Pennsylvania, 19124. I would also ask that attorney Mark Schaefer be promoted to

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panelist as well. He's my co-counsel on this case and all of our witnesses are in his office right

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now okay do you swear oh i'm sorry okay just go ahead sharon oh just before you begin this i just

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wanted to point out that this is a remand from the court of common pleas according to the um order

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the court's order it is quote being remanded for the specific purpose of allowing petitioners

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witnesses to testify to establish a complete record that's it thank you jennifer do you swear

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are a firm to tell the whole truth and nothing about the truth? Yes. Do you also agree to waive

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the reading of the refusal and stipulate to its accuracy? Yes. Have you emailed an exhibit packet

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with proof of ownership? No, I don't have to do that, right? Strike that.

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Okay, is your other, is the other attorney on? He is in another office, Mark Schaefer. If he cannot,

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he's a little bit older. If he cannot, Mark, if you can raise your hand or if someone can promote

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him otherwise i'll run over and raise his hand for him jennifer is it under joseph katuzzi

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no that's that's opposing counsel mark schaefer should also be s-h-a-f-f-e-r

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um excuse me this is sharon if we could also promote mr katuzzi he's representing councilman

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johnson um who is an opponent and who was a participant in the common police court action

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Mr. Schaefer. Yes. Can you put your name and address on the record please and spell your last

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name? Mark Schaefer, S-C-H-A-F-F-E-R, Suite 2000, 1500 Walnut Street, Philadelphia, PA, 19102.

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

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Yes. Thank you. Who's next, Jennifer?

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Jennifer. So Sharon, I don't know if you had wanted to read the procedural history

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into the record. I think you were saying that you were going to do that at the beginning

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of this case. Jennifer, I'm not sure it's necessary. I did go through the entire procedural

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record with the board this morning. They understand that this is the second remand, that it was

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originally remanded for the board to consider the issue of whether the use was a nuisance.

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the court the court agreed that it is a non-conforming use um so it was then another

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hearing was held to determine if it was a nuisance it was appealed the court court the board rather

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found that it was a nuisance it was um again remanded to the board in order for your witnesses

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to testify on that issue great so um so i just have three witnesses that i would like to present

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today. I'm going to call the first one who I know has to go pick up his kit in like 10 minutes.

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So our first witness is Oren Cox. Mark, can you put Oren on the screen?

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Yes, Oren. Yes. Take my seat.

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Right here.

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Hello, this is Oren Cox speaking. Move around so they can see you.

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That's fine. He's good. Oren, can you spell your first and last name and then also give us your

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address? It's O-R-I-N-C-O-X. My address is 2101 64th Street, Philadelphia, PA, zip code 19142.

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

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Yes, ma'am. Great. So, Oren, you have lived at this property for how long? When did you move

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into your home 2004 okay and that's located directly across from the former auto um business

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at 2100 south 61st street correct correct mom yeah great and you were there when the business

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was operating correct yes mom okay um and would you categorize that business as a nuisance business

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No, mom, it's just, you know, it was a successful business because you say I'll put everyone on the block, you understand, so I'm finding no problem with it.

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And so you don't think it was detrimental to the community, right?

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No, no, no, uh-uh.

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And again, you lived right across the street, so you saw what was happening every day, correct?

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And again, you lived right across the street, so you saw what was happening every day, correct?

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Yeah, just basic, you know, basic, normal routine work and those things, you know.

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Okay, and so you would support this business reopening, correct?

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Yes, because I used to get more care done then, so it's like, you know.

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All right, that's all I needed from you, Oren. Thank you so much.

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All right, my thanks.

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Hold on, Mike.

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Excuse me, this is Sharon Saleta.

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We should ask Mr. Cattuzzi if he would like to cross-examine the witness.

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One other thing, I should mention that the entire record from the prior hearings is incorporated.

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Cattuzzi?

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He has devices.

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devices promote both both are on the screen now and Mr. Mr. Coutuzzi which device are you using

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for audio you can unmute that one and keep can you hear me now yeah okay my apologies I

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Hello, everyone. I hope everyone could see me. Joe Cattuzzi, on behalf of Councilman Kenyatta Johnson. It's a pleasure to be here with you today.

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Mr. Cattuzzi, before you begin, please spell your last name for the record.

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Yes, it is C-A-T, as in cat, U-Z as in zebra, Z as in zebra, I.

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

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Yes.

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Thank you. Please proceed.

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Oren, I'm sorry, can you just confirm your address again for the board?

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My name is Oren Cox. It's O-R-N-C-O-X. My address is 21-01-64th Street, Philadelphia.

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Is that 61st or 64th? 61st?

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64th, right.

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61, okay.

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Zif Code, 19142.

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Okay, and that's 61st Street?

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Yes, sir.

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