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Hearing audio

ZBA Hearing - April 8, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 8, 20266h 12m

that this is an odd shape lot most of the houses that are right in front of this development are

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two-story and so i'm just wondering given the depth of the street like how much of the houses

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are visible because of their original story so if you look at the zoning site plans here i think

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it's highly unlikely that they would be visible so for a couple reasons number one if you just

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look at the length of the driveway here you can see here that the driveway is is all the way to

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the left of this view and then there is also a walking path here before you even get to the

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first home on on north 42nd street so the address of that home is 320 and then you can see here that

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the beginning of the first home is is quite a distance over i i don't have the measurements

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i can bring up the architect uh who can very quickly identify what that measurement is i mean

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i can read the measurements because i saw them on the plan but still like no photos no renderings

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have shown it from 42nd street itself like if i was standing

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in front of one of the houses and I think I'm more so curious about the impact given its

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additional story it looks like for like the entire run of where the houses sit

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only one of the houses on 42nd street has a third story most of the houses right in front of it again

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are two and then there's a scattered three stories on the block but not right where this is going to

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sit I think I'm more curious about the the impact like is this going to look like a second row of

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teeth and a child that, you know, needs braces because you've now got houses stacked on another

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house. So can I bring up the architect just to address the measurements that that you're

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questioning? If you could look for Willeska Stankey.

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And then I guess while we wait for him on the site plan that you showed, there's a landscaping

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strip that's behind the the rear of the homes is that an easement like are they going to share that

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in the pud or you you're talking about the the new homes the new home yes that's absolutely correct

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so the way that the pud would work is that they would obviously have an hoa they would be

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responsible to maintain all all the landscaping on site all of the improvements on site um

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effectively anything other than just the the outline of the homes themselves would be common

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area that they'd be responsible we see the architect do we see the architect who's going

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to remain in the pud as the owner of the rest of the site typically in a pud there's like the

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whoever is the operator the owner the manager it stays in it and they kind of own all the common

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areas and then the others so okay so i may answer yeah we that was also discussed with the with the

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community that we because we manage properties in in the neighborhood so they will we will manage

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this project as well so you're going to be worried you're going to be salting the driveway

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and removing the snow and okay that's correct to do that to that point how how is the uh alleyway

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going to be managed i know it's not your property but it's directly behind the landscape uh strip

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that you're providing and if you look at the photos that alley is pretty horrible yeah so uh

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that's actually also another point that we discussed there's actually a community benefit

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agreement right that addresses these items and and you know we will clear uh part of that community

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benefit agreement is we will clear the entire alleyway uh in on the 300 block um as part of the

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project we have the architect on Waleska there while we keep waiting oh she's there okay yeah

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I could you please state your name and spell for the stenographer yes W a l e s k a Stanky

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s t a n d k e do you swear or affirm to tell the truth the whole truth nothing but the truth I do

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all right two things could you turn your video on and second could you speak up just a little bit

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turn your volume up yes okay thank you council thank you uh welleska are you able

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thank you council thank you uh waleska are you able to identify for the board member

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the distance from the uh front of the homes on north 42nd street basically all the way back to

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the start of the new homes how far that distance is one second so from the sidewalk i guess also

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i wasn't necessarily asking for the distance i saw the distance i was asking yeah from the sidewalk

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we have nine eight feet and a half i'm sorry how far did you say nine eight and a half

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98 98 right so it's it's quite it's quite a distance my actual question which now the

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architect is here is when you draw the elevation can you see it from 42nd street i think it's

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really difficult to see because it's far it's almost 100 feet from the street and you have

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two stories buildings on this on the front so it's quite but yet so you guys

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haven't done an actual study to prove this no but board member as you know the

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height here is not a refusal item it is not directly or indirectly relevant to

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any of the refusals that we have here and it's not something that L&I or the

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zoning code would require all the questions questions more attorney

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not at this time mr chair questions from the audience how many okay okay how many hands in

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the audience i have a hand up from mr mark aguilar in the virtual audience mr chair okay so could you

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move okay so the people who want to make a comment could they come forward

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rami you want to sit back they're gonna have to and when we have a a case like this

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everyone will be given two minutes to make their case okay all right come first

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i assume you'll want me to hold my any response to the end would hope so yeah unless you have

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questions for an under some person could you please state your name and spell for the sonographer

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my name is eman alquban e-m-a-n-e-l-k-a-l-b-a-n do you swear or affirm to tell the truth the whole

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truth nothing but the truth are you a neighbor yes okay could you tell us your thoughts on this

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project in two minutes i've attended all of the many meetings that we've had about this project

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yes and i've voted in support each time along with many other neighbors who you know it's been

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a dumping ground for many years and the developer has been extremely you know flexible and

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accommodating to concerns and push like having eight meetings for this was you know every single

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time there were concerns brought up they you know they were supposed to be seven houses now it's

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only four you're in favor of this yes i am and i think that you know it'll actually benefit the

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neighborhood and the community benefit agreement will also be something that we're all going to

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benefit thank you for taking the time to sit here that long next person please

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good afternoon good afternoon hi could you please state your name and spell for the stenographer

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Sure. My name is Karen Murray, K-A-R-E-N-M-U-R-R-A-Y.

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

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I do.

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So, Karen, could you, in two minutes, give us your views on this?

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Okay. Bottom line, I am not for this.

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Okay.

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We live in a very busy street, high volume, automobiles, pedestrians, school buses, fire trucks, everybody comes through there.

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They come through at a very rapid rate.

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we're the only way through north south because they're the other streets cut off 42nd street is

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it all right the proposed development will add a surprise driveway in the middle of our street

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48 second street is known for car accidents you haven't been baptized on the block until

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your car has been hit and for some people it's the first day you move there that happened to

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my other neighbor um you put a driveway that nobody's looking for pedestrians are in jeopardy

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drivers are in jeopardy it's just not a good idea and we the developer has been

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very accommodating like he suggested a gate with lights and noise or something

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you know to let people know but then that's going to cause a nuisance for the

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people who live on the street who are directly from this gate with lights

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flashing sounds any time of night so that isn't it's not a really good

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alternative either the driveway will be very small they're gonna have to dig it

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up to put the utilities in emergency vehicles can't fit fire trucks can't fit

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trash trucks can't fit so all of those are potential hazards and that will

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impact those of us who live on the block directly so I would just say that you

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really need to consider our view for those of us who live on the block sure

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our view for those of us who live on the block sure because it's going to affect us every day

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because it's going to affect us every day.

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if you allow this thank you very much for taking the time to sit here next please

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hi could you please state your name and spell for the stenographer nicholas patrician n-i-c-h-o-l-a-s

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do you swear or affirm to tell the truth the whole truth nothing but the truth i do

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are you a neighbor i am please proceed and could you if you would try not to repeat what you've

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Sure. I'd like to address the issues with stormwater. Currently, the site is completely permeable. Any development there will reduce that permeability.

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The study done by the developer from Aquas does mention some benefits to how it may manage stormwater for this development.

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All of those benefits are derived by capturing that stormwater and putting it directly into the sewer system.

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That sewer system is maintained by the City of Philadelphia.

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It is not going to be maintained by the developer.

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This puts an undue burden on the utility.

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It also is in conflict with an agreement that the City of Philadelphia has made with the Pennsylvania Department of Environmental Protections

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to reduce storm water runoff into the sewers.

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These sewers, as you know, have a history of being overflowed.

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That water then runs up onto the street.

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It runs off into our waterways, the Schuylkill River, the Delaware,

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and creates an environmental problem for the community at large.

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Also, this project does not require four homes of three stories to be economically viable.

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When the developer took on this project, they knew what the zoning was. They had no

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guarantee that they would be able to develop this in a different fashion.

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These three-story homes are blocking the light of no fewer than eight neighbors who currently have

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no backyard neighbors. That means in the entire afternoon through sunset, there's light coming

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into those homes. Those, that lack of light will have impact to, yeah. Thank you very much. We

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appreciate it. Thank you for spending the time here. Next, please. Could you please state your

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name and spell for the sonographer? Sure. Judy Walterson, J-U-D-Y-W-A-L-T-E-R-S-O-N.

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Um, do you swear or affirm to tell the truth, the whole truth, nothing but the truth? I do. I actually

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have the letter here you wrote. Yes. Right. Okay. So, could you add anything at all besides that?

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We all have that letter, by the way. Okay. Just for the record, I do not have that letter.

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Oh, well, we'll make sure you get a copy. I brought copies. Oh, sure. All right. All right. Is there anything else you want to add besides that?

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I do want to add, and I wish I would have taken a picture and had a timestamp on it, but the neighbors can confirm this. I know in the most recent snowstorm, the sidewalk wasn't cleared in front of the property.

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if that's the kind of service that we're going to get with the privatization of services such as

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garbage snow removal etc uh the neglect of any of that would be a detriment to all of the adjacent

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conforming properties so i do want to make that point okay um i'd like to make this point the

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proposed layout is such that there's no way a looped water service could be brought to the

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proposed buildings with a loop without a looped water connection dual flow reliability cannot be

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provided and without that the potential for buildings to be without an adequate water flow

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in the event of a fire is increased there's no water sprinklers in the building there's no

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access through the driveway for the fire department to get in there other than their hoses

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also with the utilities perhaps all utilities will fit under the driveway under the walkway what if

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one of them needs to be dug up what will happen to access to the properties to the rear when those

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properties are dug up and then my last uh point is um the young lady who testified first today

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i have been to all of the community meetings i've never seen her before today and i'm the block

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captor for the 300 block of north 42nd street i made sure that everyone signed in um so i do have

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copies of the sign-in sheets for um i'm not going to get i mean that was her testimony okay you know

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i'm just saying that i mean perhaps at the community meeting on march 12th okay which

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was zoom right but none of the previous ones all right and um i'd like to make the point that on

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And I'd like to make the point that on June 28th, 2023, that was part of your packet. We did have a community meeting where the developer was thinking about purchasing the property. What would we like to see just in case it had to happen? Because everyone was telling us the zoning board is going to approve something. So you have to.

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On June 28th, 2023, that was part.

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you know take something and you have to talk about some kind of development on the property

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if you look at those meeting minutes on the second page an informal vote was taken

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12 of the 12 people who voted were in favor of one unit 11 of the people were in favor of two

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units eight were in favor of three units only four of the 12 people who were at that initial

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community meeting and that was attended by everyone who lives on the block um well not

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everyone but by only by people who live on the block let me state that your neighbors um only

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four people said that they would you know tolerate or do four units so i want to make that point

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that from the very beginning from that informal survey to the community vote that we had the

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other week where 18 of the opposed were near neighbors uh we have always been very reluctant

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to see uh such a larger development developed on that land and we feel like our quality of

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life concerns far outweigh a few benefits that might be received um because we feel like our

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time and our energy may be spent trying to steward these properties as near neighbors so thank you

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Thank you. Thank you for spending the time. Next please. Mr. Sure. Can I just ask her a brief question? Sure. Thank you. Miss Wilkerson. Miss Wilkerson. Do you work for the fire department? I do not. Do you work for a utility company or have any kind of special expertise to be able to testify to your, to your position that this will have some form of issue with connection to utilities?

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I would just refer to the engineering report that we submitted with the letter and I can

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give you a copy of that. I'm asking if you have any personal expertise. That's all. Thank you.

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Next person, please. Good afternoon. Hi, could you please state your name and spell for the

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personographer. My name's Crystal Williams, first name C-R-Y-S-T-A-L, last name W-I-L-L-I-A-M-S.

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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. Are you a neighbor? Yes, I live directly across the district. So could you give us your

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a short version of what your issue is? Are you in favor of this or against? Against. Okay.

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Like you said, you don't want to hear repeats, so I'm not going to repeat.

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Sure, and I appreciate you doing that.

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Thank you.

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Yeah, so.

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So give me something different.

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Okay, well, when, I went to every meeting.

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Oh, good.

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And I'm disabled, but I basically am near 24-7.

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Sure.

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And I come out quite often, you know, just to enjoy, especially now the weather is getting warm,

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which i really appreciate and i notice our neighborhood is changing i grew up there

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childhood my mom passed away in 2022 i inherit the house and now i'm the property owner which

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is a wonderful thing good carrying on my family's tradition amen so i notice the traffic

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of people that walk back and forth you know we have a lot of people animal lovers which i'm one

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but i don't have any animals and they're coming constantly back and forth so to have that driveway

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there that would be a surprise and probably a hazard because you don't expect oh i think we

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had testimony about yeah but i'm just confirming right okay sure what was previously said yeah

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since you're asking me. I didn't know I was going to come up here and actually

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I'm opposing. Yeah. Okay. Thank you. We have your

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we have your name and we know you're opposed. And thank you for spending so much

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time here. Okay. Thank you. Next, please.

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Good afternoon. Could you please state your name

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and spell it for the start? My name is Sandra, S-A-U-N-D-R-A

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Y as in yo-yo, D-O-W-L-I-N-G

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

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Are you a neighbor?

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I'm right in the midst of all the chaos.

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Are you in favor of this or against?

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Against.

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I'm at 332 North 42nd Street.

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They just got finished tearing up the front of our house, the front of my house, with gas and water.

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And now they want us to start working on the back.

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start working on the back my concern is what's going to be dug up we already have a rat problem

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My concern is what's going to be dug up.

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We already have a rat problem.

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