civus
Hearing video

ZBA Hearing - November 10, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 10, 20205h 26m

Fortuitously, for us, the noise issues are really not issues because you have the hotel

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and the parking garage, so any noise is really buffered by this.

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And then there is another photo as well that shows the L-shaped seating area here, the U-shaped seating area on this deck, this outdoor area, this outdoor area, and this outdoor area.

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And then there is another photo as well.

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Again, we're required to have a special exception solely due to the outdoor area uses.

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The inside restaurant is permitted.

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We have the full support of the RCO, and we believe we meet the requirements for special exception, which is a conditionally permitted use.

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We're not going to cause congestions in the public streets.

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this is a restaurant that's been operating from time to time and a museum that's it's operating

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for many years we're not going to overcrowd the land we operate consistently with the zoning issues

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we don't impair any lighter air to neighboring properties we're not doing any new construction

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we're not burdening public facilities we have an existing building doesn't injure neighboring

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properties they're going to probably benefit by having the outdoor areas occupied more eyes and

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years in the area, more activity, more people down there, and it's consistent with the mixed

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use zoning and the master plan for the Central Delaware.

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So we believe we've met the requirements for a special exception with the specific and

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the under 0.1 and the no detrimental impact on the neighborhood under 0.2 of 143037E of

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the zoning code.

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I'd like to have Mr. Auburn Hornick unmuted if possible.

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yes i'm here good afternoon sir would you please identify yourself for the record spell your last

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name and then i'll swear you in yes avram uh a-d-r-a-m hornet h-o-r-n-i-k we're in the firm

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to tell the truth the whole truth nothing but the truth i do and you're interested in this prop in

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this application? I'm the Managing Member of the Tenant Entity. Thank you. Mr. Matteoni?

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And Avram, did you hear my statements? I did. And were they true and correct? Yes. And do you

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adopt them as your testimony? I do. And I would like to call on briefly, Mr. Chairman, Michael

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Flynn, the Executive Director of the Independent Seaport Museum as well. Please do. Mr. Flynn?

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Is he unmuted, Mr. Flynn?

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Mr. Flynn?

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Michael Flynn?

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I mean, did he raise his hand?

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Independent Seaport Museum?

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Okay.

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I mean, if he's not here, it's fine.

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I was just going to have him testify that he is representative of the Independent Seaport

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Museum.

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He's available.

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Okay. Mr. Flynn. Hello. Good afternoon, sir. Please identify yourself with the record,

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spell your last name, and then I'll swear you in. Michael Flynn, F-L-Y-N-N. We're going to affirm

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to tell the truth, the whole truth, nothing but the truth? Yes. Thank you, Mr. Medellin. Mr. Flynn,

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now do you have a written agreement with 2C Port 11 LLC, Mr. Hornick's company, to have them operate

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the restaurant concession

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at the Independent Seaport Museum?

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Yes.

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And what is your position

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at the Seaport Museum?

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I'm the Executive Vice President

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and Chief Operating Officer.

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Okay.

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You're authorized to testify

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on our behalf?

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Yes.

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All right.

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I know further questions, Mr. Chair.

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I just wanted him to confirm

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the relationship

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between the landlord.

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Thank you.

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Questions from the board?

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No.

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No.

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No.

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Anyone would like to testify in this case? If so, please raise your hand.

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Chair, I have Paul Bonney, who is available to police coordinator.

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Thank you. Good afternoon, Mr. Bonney. Please identify yourself with the record and I'll

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swear you in.

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Good afternoon, Mr. Chairman. My name is Paul Bonney. My last name is spelled B-O-N-I.

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I'm the chair of the Zoning and Historic Preservation Committee

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for Society Hill Civic Association, the RCO, in this matter.

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Thank you.

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You're swearing the firm to tell the truth, the whole truth,

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nothing but the truth?

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Yes, I do.

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Please proceed.

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Thank you, Mr. Chairman and members of the board.

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We're the RCO in this matter,

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and we wholeheartedly support this application,

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and so we hope that the request is granted.

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I want to thank Mr. Hornick and Mr. Flynn and Mr. Mattione for, you know, meeting with us and being so helpful to help us understand this project that we're really thrilled to have on the waterfront.

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project that we're really thrilled to have on the waterfront. There is a letter that we submitted

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that the applicant has countersigned. So we have, you know, his obligation to comply with these

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provisions. Thank you, Mr. Mattione. And we think that these meet the parameters for, you know,

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being included as a proviso in your decision because all of them relate to the permission

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being granted. The permission being granted here is not the restaurant, which is allowed by Wright,

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but is really the outdoor entertainment uses, performances, and including live music.

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So the first one says that this is going to be that type of facility. The second one

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is that they you know Mr. Hornick's company will always have a manager on site even if it's a

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private event like a rehearsal dinner or something like that and then three and four is really about

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noise not carrying over Christopher Columbus Boulevard and number four is you know any

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lighting that they have not carrying over the ballpark. Paul pardon the interruption what I'm

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want to do is I'm going to ask Sharon Saletta to read off the provisos, those of which were

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obviously are enforceable by the CBA. So if you don't mind, we'll move on. Mr. Chairman, if I

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might add, we're not really looking for the city to enforce these things. We can do that. And in

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fact, if the board would like to say expressly on the record that these are being read off just

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to make reference to them so that if future operators that that's what i was that's what

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i are on notice of them and we have no problem with the city expressly saying that this is a

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private agreement i would like to see it in there for future reference thank you all right i mean

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to cut you off but yes sharon this is sharon um as i think mr bonnie acknowledged these are not

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for the most part not enforceable or specific enough to um be added as provisos you can however

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note on the record that the parties have agreed to these conditions there is one proviso that i

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believe can be added and that is um that the trash is stored inside and let's see so give me some

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just give me a a sentence or two i just want to memorialize this again for future uh you know

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hopefully Mr. Hornig stays there forever, but if ownership changes or the vendor changes,

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we want to make sure that whatever was agreed upon by the RCO remains in effect going forward.

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If that is legal, I don't know. You can do that. It would not be

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enforceable. They would have to enter into, and they would have to record the agreement,

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i imagine but you can note that they have um that the parties have agreed to conditions

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as stated in a letter mr bonnie do you want to give me i have councilman schooler's letter in

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front of me but not yours so if you could specifically identify the letter note that

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Thank you. MI 2020-001565, 211 South Columbus Boulevard. My vote is yes. Again, do we need

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to put any language in, Sharon? And if so, you can add trash stored in inside, indoors.

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With the proviso of trash to be stored inside.

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Yes, we'll provide them.

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Yes, we'll provide them.

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Yes, we'll provide them.

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Tom, do you have another place to eat, sir?

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Thank you, Mr. Chairman.

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You're welcome.

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For those of you who don't know, Tom, I won't give it away,

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but he lives in close proximity to the Seaport Museum.

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All right.

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Number nine was continued.

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Number 10?

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Number 10. Yep.

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And did you receive the add-on, the third add-on that I saw?

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Hold on.

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I both texted and emailed it to you.

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had it on mute so uh i'm sure yeah 3818 aspen right yeah we'll do that at the end with the

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other two uh the other add-on and the continued hearing thank you 10. mi 2020-000055 1526 manton

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street

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i have aristo four plus r uv tanya you're breaking up

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tanya you're breaking up

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Go out

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Okay

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Give Tanya a cup

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Give her a minute or two

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Go back on

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uh strongly opposed

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my name is john puka excuse me sir tanya yes i'm back how i sound

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all right um let's start again 20 mi 2020 that's zero zero zero zero five five

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one five two six manton street and i was questioning this um individual that is unmuted

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are you the applicant attorney owner uh my name is john puka i own the adjacent property at one

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five two eight man street okay so no you're just here to testify in this behalf

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uh excuse me this is sharon saleta we received at 202 a continuance request

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from the applicant saying that he had a family emergency

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okay mi 2020 that's zero zero zero zero five five one five two six manton street is continued

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Thank you, sir. Thank you. I think that gets, yeah. I'm sorry. Pauline,

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could you make me a co-host, please?

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so chair you could proceed um i would ask that zba staff um do the promoting while i'm waiting

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to be promoted as a cause thank you so sharon correct me if i'm wrong we have three add-ons

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uh ridge avenue aspen and uh well not an add-on we got the spring garden street the last three

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correct that's right i'm not sure which one might be the easiest to start with but we'll take a shot

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am i 20 yep yes sorry i'm sorry chair i would just ask if we can do those

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um ones that you have add-ons since they're just resumptions

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and then go forward afterward with the other cases so the resumption is ridge avenue

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Yes.

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And what was the other one, Aspen's not a resumption, is it?

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yes yes it is and aspen is probably the um simplest of the three all right we'll do aspen

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Yes, yes it is. And Aspen is probably the symposium.

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and correct me if i'm wrong along the way mi 2020 that's zero zero one zero seven seven three eight

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one eight aspen

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okay chair I'm promoting Leo Mulvihill good afternoon Mr. Mulvihill please identify

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yourself for the record and then I will swear you in good afternoon chairman members of the board

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Leo Mulvihill m-u-l-v-i-h-i-l-l address is 2424 east york street suite 111 Philadelphia

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Philadelphia 19125. I just apologize in advance. My dogs are going a little nuts right now,

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so forgive any barking. No problem. You're swearing the firm to tell the truth,

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the whole truth, nothing but the truth? I do. Maybe the dog doesn't recognize you without

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a customer. Okay, please proceed. Yeah, this is just a resumption, correct? Yes, members of the

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board, we were here previously for my client's proposal at 3818 Aspen Street. I'm now sharing

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copies of the site plan uh to the members of the board uh this was held for additional comment

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and i understand that there may be people in the line who wish to make those comments

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so i'd cede my time like them to make those comments and then respond if necessary thank you

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anyone who would like to testify in this case please raise your hand chair we have miss lindsay

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miss lindsay you can unmute yourself and wait to be sworn in good afternoon miss lindsay please

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identify yourself for the record and spell your name and provide us with your address

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rakia lindsay r-i-k-e-y-a-h last name lindsay l-i-n-d-s-a-y 38 34 astin street

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we're in the firm to tell the truth the whole truth nothing but the truth

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yes please proceed okay so we are in the mantua section of west philadelphia and we have been

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rezoned as single family. Aspen Street is one of the very few blocks that is not being taken over

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with over development and apartment buildings, multi-family units, whatever you want to call them.

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This project goes directly against that. Chairman, for purpose of the record, I object

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to the use of we if she may only speak for herself speak speak speak on your behalf okay so speaking

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You have to speak on your behalf.

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Speak on your behalf.

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Okay, so speaking on my behalf, I oppose it because the block is or the neighborhood is zoned as single family.

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This street is zoned for a single family home usage, and so the property goes against that.

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the balconies would obscure the view for neighbors, you know, close by. It also would

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increase the property cost for residents who already live here. There was no contact made

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with, you know, the community outside of the letter. But, you know, to say that there was

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the RCO meeting, but I don't, you know, there was no property, no contact me with myself as a

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resident to, I'm sorry, from, I guess, the lawyer or the developer to find out what it is that the

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community would have liked to see in this space. And then it just, it completely goes against the

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integrity of you know what everything already looks like it changes the nature of our street

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my street since i have to speak for myself um so i'm just i'm strongly opposed to this again

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we are zone single family the street is zone single family and i would like to see it stay

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that way appreciate your testimony thank you ma'am and cross-examine chair please great miss lindsey

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will you please state your address again for the record? 3834 Edsman Street. Okay, Ms. Lindsay,

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energy conservation workshop at the same time. And so I could not be in attendance for that

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meeting. Okay. Members of the board, I'm just referring to page 17 of the packet that I

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previously submitted, which is the reverse side of the zoning notice that was sent out to all

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affected properties. So Ms. Lindsay, you're in the list of affected properties, fair to say,

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