civus
Hearing video

ZBA Hearing - January 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 8, 20256h 57m

families and causing issues with parking which is great because it means that people are moving

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into our neighborhood families, but there's no answer as far as reserved parking for 30 minutes

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if there's going to be designated areas for this. There's going to be a lot of construction on 25th

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Bridge, which is going to cause more congestion than we already have, and I just think that

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there's enough commercial space on Washington Avenue where there's pizza places, coffee shops,

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bagel shops opening up, that another one of these, another restaurant opening up that's May,

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we've had

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a couple closed within a year or two

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and then they stay vacant

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I'm opposed to the project

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I'd love to see more residential

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and that's it

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Thank you very much for calling, we appreciate it

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Is there anyone else in the virtual audience?

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Yes, Elias Rivera

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will be allowed to speak

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Hi, could you please state your name

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and spell for the stenographer

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Elias Rivera

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that's E-L-A

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E-L-I-A-S-R-I-V-E-R-A

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Where are you from to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Are you a neighbor?

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Yes, I live a few doors down.

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All right, please proceed.

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I'm just concerned just about the timing of what time the restaurant is going to close.

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The neighborhood doesn't need another restaurant.

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There's pizzerias and restaurants all over the place.

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another residential place would be nice to bring more family into the neighborhood

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also the trash situation that he does they don't sound too confident on how the trash is going to

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be situated on top of that with the parking with all the mess is going on in the neighborhood

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where's all the parking going to go there's rarely any parking in the neighborhood

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um that's pretty much it uh the trash and parking is a big concern of mine is also the

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heavy traffic coming around there up and down the street is usually a quiet street

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you don't hear too much just the trains so those are my concerns at this moment is the trash and

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all the parking thank you mr rivera we appreciate your comments is there anyone else in the arts

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audience yes michelle berstein will be allowed to speak i could you please state your name

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misspelled for the stenographer.

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Michelle?

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Michelle Bernstein, can you

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unmute yourself?

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Michelle is still muted, Chair.

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Is there anyone else in the audience?

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There are no more hands.

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Thank you.

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Mr. Vacari, you want to respond?

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Yes, insofar as the hours of operation, I was going to ask Ms. Dinaj, what hours of operation does she anticipate the restaurant being in?

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Ms. Dinaj, can you unmute yourself, please?

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Yes, so originally, we never said 12, but it doesn't matter.

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So it was 7 to 10 p.m., 7 a.m. to 10 p.m.

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And and part of this project also includes some lighting to light up.

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to light up yes correct yes so the second meeting yeah so the second meeting we have we

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Yes. Correct. Yes.

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So the second.

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Yes.

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explained the issues of uh as far as the trash and and the lighting understood now uh this is my

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this is going to be my testimony members of the board i had sent out a first notice of meeting

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of the first meeting that occurred uh in october uh could you please please could you mute yourself

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please thank you thank you uh and i had also sent out the same notice to the same list of near

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neighbors for the second meeting which occurred in in in november and it was with the same group

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of people. It was with the same RCO. So I don't understand what Mr. and Ms. Shlomo's positions

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are about them never having received any notifications. It's the same coordinating

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RCO. It's the same affected RCOs. It's the same list of addresses. Thank you. Thank you, Mr.

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McCarroll. Planning Commission. Thank you, Chairman. And by the way, sorry to step on you,

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You know, Mr. Fecto, again, this building, the current structure in place still needs to be demolished.

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It's going to be several years before this place is up and running.

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So this is a very long, long project, and this is the first step of a very long project.

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Good morning. My name is Rita Ford, and I am.

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Thank you.

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Excuse me, Chair. Michelle Bernstein has raised a hand again.

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Sure.

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Michelle, could you state your name is spelled for a stenographer?

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Did we see her? Is she unmuted?

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Yes, but she's still muted.

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Okay, thank you. Planning Commission.

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Thank you, Chairman, and good morning. David Fecta with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the I-2 medium industrial zoning

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at this location, the zoning for this part of the neighborhood dates to the original 1933 zoning

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maps. The proposed restaurant would be in keeping with the commercial and industrial character of

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25th Street, and providing off-street parking would render the building unusable. However,

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the appellant has not shown that the addition of dwelling units is required to enable reuse of the

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property, so the City Planning Commission recommends the board grant the proposed use

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variance for an eating and drinking establishment, and the variance for not including parking,

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but deny the use variance for two dwelling units.

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Mr. Beccaro, I'm going to hold this until next Wednesday. I want to really sit and talk to the

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board exactly where we are with this and have all the input we can get. We'll vote on it next

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Wednesday at 9.30 a.m., okay? Appreciate it. Thank you very much. Thank you. Thank you, sir.

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All right, we're going to go to number 19. MI 2024, 005-373-38 Jackson Street. Roger Perry is the attorney. Letter of support from Whitman Council. Letter of non-opposition from Councilmember Squilla.

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Roger Perry has been promoted.

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Morning, Mr. Perry.

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mr perry yeah hi here i am all right good thank you sir could you state your name and spell for

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the stenographer yes good morning it's roger perry r-o-g-e-r perry p-e-r-r-y

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where are a firm to tell the truth the whole truth is nothing but the truth

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i do could you identify your client a relationship to the property

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Oh, yes. I have two people involved with this client. Frankie's World Foundation is a child care existing tenant for this property. And I also represent 38 Jackson LLC for the purposes of zoning, which is the owner of the property.

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Vice Chair has a few questions.

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Good morning, counsel. Do you agree to waive the read another refusal or stipulate to its accuracy?

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Yes, I do.

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Have you emailed in all the required documents and exhibits as needed to proceed

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with this case five days in advance of this hearing? Yes, I have. Thank you, counsel. Please

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proceed and share your screen. Okay, can you see my screen there? Yes, sir. Okay, so let me give you

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a little background here. I'm looking at the interior of the building as it exists. This is

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an I-2 industrial district at 38 Jackson Street. My client currently has had a 10-year lease at

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10th and Poplar Street. Frankie's World Foundation provides special needs.

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Frankie's World Foundation provides special needs children child care for a large group, and they've been doing this for over 10 years.

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By virtue of losing the lease, they went out and had to find a large area to move to, and 38 Jackson Street provides this opportunity.

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This is approximately 18,000 square feet in an existing warehouse adjacent to I-95, essentially, at Jackson Street and Water Street.

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This is, I'll scroll back up, but you can see that this is partially renovated, but primarily this is going to be all gutted and renovated in a very large renovation project here.

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Let me turn this posting front.

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This is the diagonally across the street.

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This is the back of the warehouse here.

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And this is the front.

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So my clients are taking over with a variance, I-2, it requires under the refusal that this be converted to a variance for a commercial use. Special needs child care requires that it be a commercial use. It's not permitted under the refusal in an I-2 industrial district.

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This notes the posting of the property for the hearing.

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And we had a meeting with Whitman, which has noticed the board of its support.

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We've posted both into the property.

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There's the mailings, the refusal.

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Let me come back up to it.

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lost my

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let me go down to

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here I was going to locate the plans

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there is some parking but it's really

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intermittent parking in front of the warehouse. Primarily, we're going to be looking for

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additional parking spaces under I-95, and we've been dealing with them in terms of that.

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So the interior...

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Can you turn that over?

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Yeah, let me...

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Turn that over, Roger.

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Clockwise here.

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Okay.

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Okay, go ahead.

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I'm just trying to expand this a little bit here.

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Okay, so this is approximately 18,000 square feet in terms of the first floor of this warehouse.

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Other uses in the warehouse sort of are intermittent commercial uses as well.

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And this is what was at the second floor level and so forth, vacant commercial and a couple

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of other internet and uses.

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I think there's a karate studio up there now and so forth, but we're using the first

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floor in terms of this particular space.

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As I indicated, I just want to reiterate that my clients have been over 10 years operating

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a special needs child care at 10th and Poplar, and now they're looking for to move from their

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lease there to this new lease that will require substantial renovation, which is under an

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existing lease agreement with the owners of them representing for purposes of the zoning 38 Jackson

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LLC. Frankie's World Foundation has been doing this type of child care for in excess of 10 years,

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So they're very well experienced in dealing with both the city, DHS, and the state and so forth.

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We've met several times with Whitman, and they're very looking forward to having this work done here and have them move in.

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I don't think there's anything else in terms of what's going to be done.

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I mean, this is essentially a shell, and the renovations are going to be somewhere in excess of $400,000 to make this compliant with DHS and city regulations for child care and particularly special needs child care.

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I have my clients, one or more of my clients, Lockwoods, should be listening in, and they can adopt my testimony as necessary.

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do we have one of the lockwoods here i'm checking now for you thank you you're welcome

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yes i have connie lockwood would be allowed to speak honey yep

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Connie, yeah.

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all right could you please state your name

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Go ahead.

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

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My name is Connie Lockwood, C-O-N-N-Y-L-O-C-K-W-O-O-D.

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We're affirming the tell the truth, the whole truth, and nothing but the truth.

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Yes, I do.

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Please proceed, counsel.

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Yeah, good morning, Connie.

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You are indeed affiliated with Frankie's World Foundation

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and have been running a special needs daycare for years and years?

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Yes, we have.

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Okay, and did you hear my presentation to the zoning board this morning?

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Yes, I did.

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Okay, would you adopt this as your own testimony if you testified separately?

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Yes, I would.

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Okay, thank you very much.

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Questions from the board.

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I have a quick question.

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Where's the daycare's entrance in relation to the entrance to the businesses on the second floor?

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Okay, there's going to be an entrance.

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This is going to be completely redone, but the entrance is going to be on the Water Street side, which is closed off.

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Water Street has been closed off as adjacent to I-95.

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We're going to put in a circular driveway that allows vehicles to come in on the east side and go around, it would be over here, and go around in a circular drop-off because some of these special needs children have special drop-offs.

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They have, I don't want to call them ambulances, but they have special vehicles for handicapped

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accessibility.

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That's going to be an entirely separate entrance on the east side, and they're going to have

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an entrance built into the east side so that they're not going to be blocking Jackson Street

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at all.

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Okay, because I've noticed in the pictures, they depict a lot of entrances with stairwells,

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with steps.

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This is also a store with handicapped accessibility on the east side.

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Okay.

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Okay, so your drawings don't depict the circular driveway.

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In this drawing here, where would a circular driveway go?

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I don't.

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It would go on the east side, which is here, I believe.

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Connie can correct me if I'm wrong.

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It would be down the bottom where it says first floor.

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It would be along that side of the street, right over there.

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So you would come in, Jackson, turn it there.

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Over here, okay.

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yeah this is uh is this the east side here connie yes okay so it would be here in this area which is

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water street and is that a two-way street no water street is closed off currently

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okay you have access here because they have access uh to come in and i have photographs

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of that let me see if i can go up and then um the building

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okay let me see if i can

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okay yeah this is the rear access to the rear of the property so this is the closed off water

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street here okay there's a fence here but they're going to be allowed to put the handicap

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