civus
Hearing video

ZBA Hearing - July 16, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 16, 20242h 16m

Yes.

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It's very close. It's a little bit north of this location, but it's within the area that Mr. Hunter just described as being between Shores Lane and Ridge Avenue.

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I'm very familiar with that. I'm a zoning attorney. I've had an office on Main Street for, well, since 1985. And in 2002, when the building that's now called Bridge 5 was proposed, it was very similar to this site. It's a very shallow site between Ridge Avenue and the river.

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However, the only difference really between the two is that because it was 2002, there was no 50-foot setback from the river.

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That zoning code provision was not adopted until 2012.

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But other than that, the height, the use, and the setback variances for Bridge 5 are almost identical.

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In that case, I represented three civic groups, the Manioc Neighborhood Council, the WSIC and Interested Citizens Association, and the WSIC and Neighbors Civic Association.

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They all supported that development, that seven-story development, which was not mixed use.

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It was only multifamily.

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And they supported it because the developer agreed to shift the building forward.

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There is no setback on Main Street in order that there be a 10-foot setback behind it for this public right of way, if and when it comes.

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So going back more than 20 years, the civic groups have been insistent on having this 10-foot reserved as development occurred.

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And that's what happened. The developer agreed to that. And just for the record, the OPA address for Bridge 5 is 3750 Main Street. The zoning records for Bridge 5 are at 3742 Main Street.

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And the refusals there, the variances there, as well as the agreement that was reached with the owner and the three civic groups to allow that to be built, that seven-story apartment building to be built, as long as there was that 10-foot setback.

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I hope that's helped.

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Mr. O'Brien, thank you.

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Mr. Laver, do you have any questions?

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No, I appreciate that input. Regarding Mr. Hunter's testimony, I'd like to wait until later, and I won't cross-examine. I'll just make a statement at the end.

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Okay, thank you. Questions or comments additional from the virtual audience?

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Yes, Chair. I now have three hands up. Elaine Montez has been allowed to speak.

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Can you please state your name and spell for the sonographer?

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Sure. My name is Elaine Montes, E-L-A-I-N-E-M-O-N-T-E-S.

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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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I do, yes.

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Are you a neighbor?

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I am not a neighbor. I work for the City of Philadelphia.

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All right. Please proceed.

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Thanks, everyone, for your time. I'm speaking as the program manager for the City of Philadelphia

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Flood Resilience and Compliance Strategy within the Office of Sustainability and the Office of Climate Resilience.

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I want to comment in support of the refusals for residential zoning and waterfront setback encroachment

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and speak to my disagreement and disappointment with some of the justifications we heard today

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that increase risk to life and property.

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I'll save my structural comments on extreme issues related to dry floodproofing for more than four feet in height for CDR.

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This is a particularly flood-vulnerable area of Philadelphia.

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Maniunk is at high risk of flooding, and recent damage and trauma born from remnants of Hurricane

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Ida should stay top of mind when considering projects in this area. We're looking at a

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neighborhood of Philadelphia in the federally mapped 100-year floodplain, also known as the

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1% annual chance of flood hazard area. But a challenge that we see with this data, the tools

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and the maps that we use for planning and regulating, federally, statewide, locally, and at

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the project scale is that this information is really outdated. It's timely that the city is

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updating our comprehensive plan to include information that has changed due to increased

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storms. There's two points that I want to make here on this note. The first is about playing

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a numbers game. The Philadelphia Water Department analyzed the flows in the Schuylkill River during

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Hurricane Ida. The way that Ida compares to outdated data from storms prior to 2001, so if we're

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talking about these 20-year periods. Ida was a 65-year event, which equates to about a 1.5%

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Ida was a 65-year event, which equates to about a 1.5% annual chance.

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Based on data from the last 20 years of storms, including several of those severe events that

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we're talking about, Ida was a 30-year event, which is about 3.3% annual chance.

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Based on climate projections with a conservative scenario for end of century, which is only

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75 years away and is the useful life of any proposed project here, Ida was a six-year

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event, which is about 16.7% annual chance. These numbers feel pretty hard to relate to,

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so I'll save everyone the excitement of how the math works out. But this estimation with recent

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data is basically a coin flip probability of seeing again that 30 feet of flood water in this

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area over a 25-year period. Using information about storm frequency and intensity over the

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lifespan of this project, there's a 99% chance of seeing this Ida-level flooding in a 25-year period.

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The second point related to zoning is focused on the actual and realized results of these numbers.

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During Hurricane Ida, we saw water rescues from riverfront complexes just a few hundred feet away.

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The risk to people living in these apartments and to the city staff and local volunteers is real.

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Not only is it real, but it is poorly communicated.

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In Pennsylvania, we have clauses in our flood risk disclosure laws that make it nearly impossible to require stricter measures

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to protect or inform renters locally.

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We've heard this time and time again

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that risk, evacuation protocols,

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and post-event resources

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fall through the cracks across the board,

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but especially in large 100-unit projects like this.

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The reference by the project attorney

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to beachfront properties and resorts

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as examples of smart development

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is frankly nonsensical.

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I'm sure you don't go to luxury trips

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to the Bahamas during a hurricane.

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In fact, you probably have the option

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to cancel your trip.

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We're talking about permanent residency here,

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not vacation. Finally, I'd like to include perspective on waterfront setback encroachment

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and the use of fill in a flood-prone area and increasing obstructions, specifically where

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waterways are already restricted, only transfers flood risk downstream. The more fill and obstructions

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we use in the floodway and flood fringe to protect our buildings, the more we exacerbate

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flood risk in the neighborhood. In closing, allowing residential use of this area, including

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encroachment of an intentionally established setback is unsafe and irresponsible. The city,

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and I can attest to this, is working tirelessly to reduce residential flood risk, and this project

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is directly counter to our responsibility we have to our residents. I don't oppose redevelopment and

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reuse of this site. Maniunk should be invested in and developed appropriately. Protecting people,

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our residents and our first responders, and property from known and experienced flood risk

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should not be a debate thank you uh mr laver do you have comments or questions uh i have great

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respect for ms montes and she and i have worked together in the past i don't i don't have any

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cross-examination i just like to point out for the board that um one needs to look no further

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than delaware avenue fitler square on the schuylkill river for different treatment regarding

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residential development in the city of Philadelphia. We don't have to look at New York City. We don't

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have to go further out of the country. And we're really facing a competing vision, a vision that

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says, no, this is too risky. It can't work. Or yes, we acknowledge that this is by the water

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and requires extra measures. And we're willing to spend the money and the time and the team to

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make it work. And that's the case here. And from a zoning perspective, the question becomes hardship

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and a property owner's reasonable right to use a property which has sat stagnant for way too many

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years for productive use. It's a vision. And as I stated earlier, there are different thoughts on

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that. Other questions or comments from the virtual audience? Yes, Chair. I have three

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hands remaining. Dawud Bey has been allowed to speak. Good morning, sir. Could you please

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state your name and spell for the court stenographer? Dawud Bey, you may unmute yourself.

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Okay, Chair, he may be having some difficulty.

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Okay, move on to the next person, and we'll check back when we get through the other two.

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Tiffany St. Patrick had been allowed to speak.

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Hi, could you please state your name and spell for the court's denographer?

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hi um tiffany is my first name t-i-f-f-a-y last name's pearsall p-e-a-r-s-a-l-l

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Hi, Tiffany.

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

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i do are you a neighbor

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hello

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looks like she dropped chair okay um do we have another hand yes salim edney has been allowed to

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speak i could you please state your name is spelled for the court sonographer yes hello

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Hello. My name is Salim Edney, S-A-L-E-E-M, last name E-D-N-E-Y.

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

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Yes, sir.

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Mr. Edney, are you a neighbor?

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Well, not so close, but I grew up not too far.

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Okay, please proceed, sir.

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Yes, I truly believe that this will be very good for the community.

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And I definitely understand that the flood issue is an issue.

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And like I echo Mr. Laver's sentiments in regards to a lot of other places that are in blood prone areas.

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I believe it would be good for the community, though. And I'm just in direct support.

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I would I would love to see some housing down there.

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And I frequent Maniunk, honestly, probably about 15 to 20 times a month, go down there and eat and things of that nature.

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Okay. Thank you very much for taking the time to call. Is there anyone else in the audience?

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Yes, Chair.

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Jasmine?

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Dawu, Bay, you may unmute yourself.

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Hi, Mr. Bay.

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Do we see Mr. Bay?

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He may be having difficulties.

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He's still not unmute.

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Okay.

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Do we have anyone else in the virtual audience?

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Yes.

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Ryan Haywood has been allowed to speak.

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

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Yes.

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My name is Ryan Haywood, spelled R-Y-A-N-A-K-A-Y-W-O-O-D.

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

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Yes, I do.

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Sir, are you a neighbor?

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Yes, I am.

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Okay.

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Please proceed.

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Well, I'm actually from the area.

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I've been frequenting the area pretty much my whole life, born and raised in Philadelphia.

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And through the pandemic, we decided to start a cycling company.

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We have the second largest black-owned cycling company based in Manioc and sponsored by Trek and Manioc.

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Every week we come, we're based out of Manioc, and we have rides and events through Manioc.

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And I just love constantly seeing the development in that area.

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And I do understand the flood issue. We actually weathered that ourselves, still hosting rides and events through that period. And I just love the development. I am in support of it.

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Thank you so much for taking the time to call us. Anyone else left in the audience?

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Yes, Chair. I have three hands remaining. Monty and Tierney have been allowed to speak.

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Could you please state your name and spell for the course sonographer?

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Good morning, Monty Turney

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K-E-A-R

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Monty

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Can you hear me now?

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I can

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Do you swear or affirm to tell the truth

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The whole truth and nothing but the truth?

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Yes, I do

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Are you a neighbor?

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Yes

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Are you in favor or against the project?

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I'm in favor of the project

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Thank you so much for taking the time

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the calls. Next hand, please.

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Tiffany

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Purcell has been allowed to speak.

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Tiffany,

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I tried to swear you once before. Could you

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please state your name and spell for the stenographer?

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I'm sorry. Sorry, my phone.

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No, that's not. It's probably ours.

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Both of ours. Thank you. Please spell your name.

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Tiffany Purcell. P-E-A-R-S-A-L-L.

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First name Tiffany.

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Right. Do you swear or affirm to tell the truth,

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told truth, nothing but the truth?

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I do. Tiffany, are you a neighbor?

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i have interest in the surrounding area i'm from the area yes tiffany are you in favor of the

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project we're against i'm in favor okay um you've heard a lot of comments is there anything else

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Okay. You've heard a lot of comments. Is there anything else you could offer?

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you could offer

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Thank you.

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I would just like to say the development, you know, this development project would bring together architectural innovation, community amenities, transportation access, and economic revitalization that is so needed.

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You know, I think it would be a significant improvement for the neighborhood and the city as a whole, which, you know, we all know the state of it.

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So thank you for taking your time.

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No, thank you for calling us. Is there any other hands?

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Yes, Chair.

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We have three hands remaining.

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Daryl Townsend has been allowed to speak.

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

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E-A-R-R-Y-L-T-O-W-N-S-E-N-D.

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

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Yes.

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Sir, are you in favor?

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Are you a neighbor?

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Yes, born and raised.

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Okay.

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