civus
Hearing video

ZBA Hearing - July 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20206h 57m

Okay. We're ready for the first case.

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Professor.

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he was checking out those yellow roses see how they're coming along

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calendar number we are in the first one right federal street calendar number three nine nine

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zero nine twenty seven thirty six federal street

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yes okay mr clinton you've been sworn in that please proceed

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Mr. Clinton, do you agree to waive the reading of his refusal and stipulate to attack IRC?

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I do.

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Thank you.

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This is 2738 Federal Street.

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The client's name is Colin Lauren.

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The architect is Derek Spencer of Nome Architects.

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They both will be witnesses on this project.

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And we have an evidence binder, exhibits A1 through A12, which the architect will scroll through as we get into the meat of the presentation.

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So by way of background, this project is on a block that's zoned entirely I2.

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The board may not recall, but I've been in front of the board on at least two occasions.

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The board may not recall, but I've been in front of the board on at least two occasions on other

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projects on this particular block. In one instance, there were a couple single-family homes that the

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board said would be a viable project in I-2 down at the end of the corner. And just within the year,

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year and a half, directly across the street, there was a project, a four-unit project that the board

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approved with one parking space this particular project is a consolidation of three lots into one

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and the proposal is to build an apartment building with 24 units in the building

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if you look derek if you could scroll down to exhibit

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A11 and tell me when you have that and Derek I want to confirm you're on the call

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I'm sorry you have a witness you're trying to yes Derek Spencer

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there he is

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Derek

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yes I'm here Hank

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can you scroll down

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to A11

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will Mr. Spencer be testifying

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yes

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Mr. Spencer please spell your name for the stenographer

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and identify your address

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no problem

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My name is Derek Spencer, D-E-R-E-K-S-P-N-C-E-R.

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Address is 1901 South 9th Street, Philadelphia, Pennsylvania, 19148.

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And do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Thank you, sir. Please proceed.

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Mr. DiCicco, Mr. Spencer is the architect of record here.

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And Derek, if you have the shared screen, can you scroll down to A11?

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Hank, I do not believe that I have the capability to share the screen right now.

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I'm not quite.

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This is my first EVA here in a Zoom call, so I'm not sure how this works.

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Don't be too concerned.

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I'm still trying to figure it out myself.

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Okay, no problem.

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Hank, were you talking about page 11 of the presentation I put together?

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Well, no, page 11 of my table of contents, which are the photographs.

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or Tanya can you let me take over the screen or you have a capability it's

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just he doesn't who wants to share the screen me I'll do it yes you're a

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panelist so you have my exhibit Tanya you can share your screen you're a

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Panelists.

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Well, let me do this verbally so I don't eat into the airtime here.

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But anyway, the 2700 block of Federal Street is zoned I-2, both sides of the street.

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Within a year, a year and a half, I presented to the board a project right across the street.

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It's a four-unit building with one parking space.

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This particular project is directly across the street.

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It fronts on Federal Street, but really looks over Grace Ferry Avenue and has a direct beeline to Center City.

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the project will have four stories with the fifth story set back the height is 57 feet

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in the back there will be four parking spaces there will be an office in the basement which

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the community group can use as a conference room and it will have a rooftop deck the

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The community groups in the area, coordinating RCO is Grace Ferry Community Council, we reached

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out to them in the end of 2019 concerning our project. We met with them on several occasions,

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which was climaxed in our meeting with four community groups last Thursday, which is July

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23rd at that meeting there were a number of changes made and i wanted to run by those those

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changes with the board we've submitted a proviso sheet which discusses some of the changes which

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is we move the fifth floor black back 10 feet on the front and the rear we also

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also have parking spots in the rear four spots including one handicap we also have park bike

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have parking spots in the rear four spots including one handicap

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bicycle spaces in the basement of the facility and we have a conference room in the basement of

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the facility one of the chief points of discussion and france pierre was on the call was how could

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we make this project compatible with the needs and the wants of the community and one of the main

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driving forces was a request for low-income housing and as the chair and the board may know

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low-income housing is a is a different level than workforce housing or affordable housing

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and through France Pierre's intercession and general discussion we were able to come to a

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resolution that our my client would offer three units for at least five years after the project

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is done at an affordable level. I don't want to get into the minutiae because the level of rental,

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monthly rental of each of the units is referenced in the Exhibit A to the community group's letter

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of support. But basically, we've capped the rents at certain numbers, which would be 50% of AMI,

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or if it's lower in coming years, which it may, we would go down to the lower rentals to

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accommodate the community groups. We also agreed to add the additional, the neighbor that is

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adjacent to us that owns the bar at 1201 South 28th Street. We agreed to add them as an additional

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insured on our insurance policy. We also agreed that all four community groups, not just one,

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but all four community groups would have the opportunity to use an office in the basement

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for their quarterly meetings, as long as they would give us a heads up concerning what their

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schedule is and when they would be meeting. We also talked to the group about contacting the

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adjacent neighbor, who is apparently requesting this continuance, even though she's not on the

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call. The neighbor was not at the community meeting, so we told everyone at the community

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meeting that we would reach out the next day and advise the near neighbor that the zoning board

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would be having this call today. So I'm surprised that she's not on the call, but I understand she

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may have other commitments. So after that meeting, which is about an hour and a half,

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we did reach a consensus and in my exhibit package which is part of the

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record at Exhibit A8 there is a letter of support from the Grace Ferry Community

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Council along with an Exhibit A which outlines the various provisos that we

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agreed to and all four community groups signed off on. Their signatures may not

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necessarily be on the document but they signed off via email to the president of

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Grace Ferry Community Council, who is Carmine Zouli. We

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have submitted a proviso sheet at exhibit tab 810, outlining for the board what the changes are,

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and I would like to highlight a few of those. In the beginning of this project, we had proposed

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commercial use of the first floor and the basement. In meetings with the community,

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It was clear that they did not want commercial.

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They just thought that Federal Street, which is right off of Brace Ferry Avenue, is an

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area that has no traffic signal or traffic light, and they didn't think that a commercial

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use would be viable there.

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So we agreed with that, struck that from the plans, and basically made that area into residential,

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which is the project that we're presenting to you today.

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So our proviso plans are at A-10 if the board does look kindly upon this application.

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In terms of parking, there's four spots behind the building.

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We've also reached out to McDonald's across the street, directly across the street from the project and maybe a half a block down.

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If those on the board may be familiar with Diamond Tool, Diamond Tool is a neighbor which is immediately east of our project.

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and the Diamond Tool has about 20 parking spots that they use from McDonald's.

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I've been in contact with Diamond Tool about the process that they've used for that.

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I also can let the board know that Bottom Dollar,

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which is another commercial establishment on Grace Ferry Avenue,

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approximately one block away, excuse me, two blocks away,

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we've been in contact with them to use their area for additional parking and I

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to use their area for additional parking and i bring this up to the board this was not a concern

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bring this up to the board

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of the community group of any community group i shouldn't say a concern it was not a heightened

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concern of any community group or grace very community council they had just previously

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approved a four unit building across the street which has one parking spot so approving 24 with

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four parking spots was basically in the ballpark uh this comment to you concerning the parking

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is to address what we understand is one of the objections of the the bar owners next door

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so we're trying to preempt that criticism by letting the board know that the parking

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will can be provided for now we may disagree on those numbers of of extra spots we understand that

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the adjacent bar owner is looking for you know an enormous number of parking 18 spaces and we're

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more in the area of of eight spaces because you know even were this in a uh an art if it was rm

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rm1 we wouldn't be required to have any parking at all frankly

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so i wanted to see if colin lauren is on the call colin is my client

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Colin. Mr. Chico can you still hear me? Yes I can. Mr. Lauren are you still on the

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call? Yes I'm on the call can you hear me? Yes. Yes. Please identify yourself

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with the records by your name for the stenographer. Colin Lahren, C-O-L-I-N

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Last name, L-A-R-E-N.

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Your address?

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Mr. Lauren.

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Hey, Hank.

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Yes.

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Have you heard my testimony?

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Yes.

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Okay.

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If you had the opportunity to testify in this hearing, would you adopt my testimony as true and correct and as your own?

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Yes.

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Thank you.

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Any other witnesses, Mr. Clinton?

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no other than derek spencer who can go through the floor plans with the board and explain the

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the layout if if so inclined any board member have any concern about the uh

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no no all right uh is there anyone else on the line

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mr chairman i didn't hear you i think france pierre want to say something

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Yes, the neighbor, near neighbor is on the line. Her last four digits are 0605.

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And does she want to testify or something?

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I'm sorry. Yes, she does want to testify.

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Her name?

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Diane.

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Diane.

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yeah by yourself your first and last names by your name for the stenographer

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diane d-i-a-n-e hannah h-a-n-n-n-h-h hyphen wilson w-i-l-s-o-n and your address

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one the address that we are um speaking of specifically is 1209 south 28th street

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and 1201 south 28th street philadelphia pa where do you live i live at 115 drummond farms lane

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newark delaware 19711

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what is your connection to this project we are owners of both properties

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that are affected by this new construction.

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Okay.

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Please state your concerns.

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Our concerns specifically are we have no problems with progress going on in the Graceberry area,

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the area which was formerly known as Martin Luther King's Village Service Area.

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Our concerns are that the needs of our parking, which represents a community that expands

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beyond two blocks, has not been met.

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When we initially met with the developer, as well as the attorney, we expressed our

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We expressed our concerns then. I felt that it was overall a meaningful and a meeting. We left from that. There was additional work that we were doing to follow up on specific things, and we did that.

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concerns then.

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I felt that...

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But after that COVID-19 hit, and we were advised constantly, not necessarily by the builder

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and his attorney, but we were advised by the city that absolutely nothing was going on.

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We did not have an opportunity.

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Excuse me, I need to interrupt you.

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You keep referring to we.

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Who is the we?

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I'm sorry.

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My husband, Jack M. Wilson, who's also here with me.

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He lives with you.

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Yes, he does.

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All right. I'm trying to, what I'd like to understand is, how does this impose an inconvenience for you?

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It directly impacts our business, both businesses, specifically the laundromat, because if we're building a unit of 2022 apartments,

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There has been no consideration for the parking, which will be direct.

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The residents have to park their cars somewhere.

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It is unrealistic to believe that a unit that houses 20 people, and I'm quite sure it will be beautiful, but it's unrealistic to believe that a unit that will house 20-some people, that we will not be impacted, our business will not be impacted,

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because our customer base is not pedestrians.

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Our customer bases come from as far as 31st, 36th, and Reed, Taster, Morris,

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and they drive there.

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So if there's nowhere to park, based on the fact that there is no consideration

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for parking within the immediate area of where the construction is going on,

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where people will live, we will be impacted by that.

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And what we were hopeful of, what we would like to do, as well as our bar, what we would like to do is have an opportunity to see what other resolution can be made or consideration be made for this project so that parking is designated specifically in this project for his residents, for the residents of this building.

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Did I hear you reference your boss?

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no bar i'm sorry i didn't hear it again bar b-a-r bar oh your bar your bar business right

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right we have two businesses that what is affected by federal street and the other

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is affected by manton street and we will absolutely have no place for our customers

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to park.

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