civus
Hearing video

ZBA Hearing - October 6, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20206h 49m

uses so one of the interesting and sort of unique uh arrangements there we talked about a lot of

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different uses that would be permitted on this site and most of them have a

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very high turnover rate whether it's Starbucks type arrangement or a

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convenience store type arrangement those food uses and things of that nature that

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could come and go on here they have high turnover lots of activity on a

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routine and active basis all day long type of deal this use it tends to have a

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much lower uh what i'll call traffic count so that the number of cars coming in and out here

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in the retail world it's a much lower trip generation than what you would experience

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from other some of the other permissible uses thank you and how many parking spaces are being

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provided there's 17 total and in your opinion that's more than sufficient for this site

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that that that works well within um auto zones program

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question if i could mr newell uh the masonry fence that runs from uh metarey avenue uh

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along the property line how high what is the height of that fence

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so you have a retaining wall which i believe is uh four feet five feet around four feet i think

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and then a fence that's another four or five feet as well so you have a an effective barrier back

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there question is there any pedestrian lighting along the sidewalks

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is it i don't know um i apologize i don't know what the uh street lighting arrangement is out

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there I see the one that Greg's pointing to right now that that's clear which

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will relocate as part of our process for the thing there may be one other one

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it's hard to tell I'm sure there's something on the dairy I honestly can't

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see that from this plan on that note the community did ask that the lighting

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within the property remain within the property, that the light shadows remain within the property

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boundaries. You mentioned that in your opening statement, that and the security cameras. All

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right. Okay. Thank you. Do you have anyone else, Ms. Tancredi? I do. Are there any further

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questions for Mr. Newell? No. No. No. Thank you. I would ask Marshall Cook to be called.

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Can they raise their hand?

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I don't have anyone with that name okay maybe he's calling in with that I would call my

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Maybe he's calling in.

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With that, I would call my client, Carl Wright.

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Carl can unmute himself and wait to be sworn in.

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Ms. Sunkit, I believe that Marshall is on the phone.

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He's not available by video, but on the phone.

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Do you see him?

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Well, he would have to provide the last three digits of his phone number.

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Okay.

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Let me ask for that.

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551.

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He's been unmuted and can wait to be sworn in.

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This is Marshall Cook.

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Cook, please spell your first and last name.

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marshall m-a-r-s-h-a-l-l cook c-o-o-k

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uh 2301 oh geez all right let me give it a regional office address sorry

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all right why don't you do that just your involvement your your position with this um

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i'm the yeah i'm the regional manager for autozone philadelphia

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thank you swearing the firm to tell the truth the whole truth and nothing about the truth

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I do. Thank you, Ms. Campredi. Thank you. And Mr. Cook, you're familiar with the site

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at 6301 North Broad Street and the proposed AutoZone here? Yes, I am. Okay, and have you had

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the opportunity to hear the concerns that have been raised by the community? Yes, I have.

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can you talk about your experience with auto zone in general first can you tell the board

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what your geographical area is that you cover for auto zone sure my region covers 108 current

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auto zone stores my region starts out in the lancaster area cuts across philadelphia i have

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the southern half of New Jersey and the entire Delmarva Peninsula.

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Thank you.

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So you're familiar with auto zones in urban settings?

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Yes, I am.

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Are you familiar with issues?

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Have you dealt with and addressed litter, security, and street activity?

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Frequently, yes.

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Okay, and can you tell the board how auto zone addresses these issues?

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Well, in terms of litter and trash, we have something, police parking lots, dumpster areas, outside the store on a daily basis, making sure we're picking stuff up left by customers and just trash that accumulates or gets onto the property.

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In terms of the, you were going to talk about lot mechanics, is that one of the ones you brought up?

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Yes.

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so we don't i don't have any tolerance for lot mechanics and either um and when when possible

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we uh we get the city's involvement to help us rid of that because i i do not want lot mechanics

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on any of my properties just as much as the city and the people that live around the stores don't

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want them. Thank you. Mr. Chairman, do you have any questions for Mr. Cook? Questions

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from the board? No. No. No. Anyone else? Yes, I'd like to call Carl Wright.

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So, and he's available. He can be sworn in chair.

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Mr. Wright, please spell your name, first and last name, and give us your address.

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R-O-C-A-R-L, Wright, W-R-I-G-H-T, 20 South Olive Street in Media, Pennsylvania.

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Where is the whole truth, the whole truth, and nothing but the truth?

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I do.

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Thank you. Please proceed.

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okay and mr wright you've heard um do you adopt my testimony as though it were your own i do

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and is it true and correct it is thank you is there anything additional that you would like to add

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no thank you thank you all right i'll go back again any questions from the board

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no no no okay anyone wish to testify in this case please raise your hand

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here we have sorry we have hillary emerson from the council person's office

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we have hillary emerson from the council person's office thank you good afternoon hillary

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hi mr chair can you hear me yes a hillary emerson e-m-e-r-s-o-n on behalf of councilwoman

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sherelle parker and do you swear to firm to tell the truth the whole truth and nothing but the

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truth i do thank you please proceed mr chair until um about 203 this afternoon um i had one

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statement prepared um but my remarks changed at that point um it changed because we were advised

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via email by miss tancredi that the community association had entered into a community benefits

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agreement with the applicant a community benefits agreement that was not cleared with the neighbors

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that the neighbors are in opposition to and they will speak here on it an agreement that

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i know this board doesn't have control over but we would we would strenuously object to

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I want to just give a little bit of history that wasn't previously provided regarding this project.

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As this board knows, two weeks ago, the applicant requested a brief continuance from the board for additional time to work through concerns raised by the near neighbors in the hope that an agreement would be reached.

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Our office did not oppose this request. In fact, at the applicant's request, we convened a meeting on September 30th with four of the near neighbors on North Park and Midary Avenues, along with representatives from the applicant and OLCA, the coordinating RCO.

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During that meeting, there was an in-depth discussion of the proposed changes the applicant had made to the project to address the issues raised by the near neighbors.

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Questions and concerns remained after this meeting, as well as a willingness to continue

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the conversation. So our office, the applicant, and the near neighbors continued to dialogue over

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the next couple of days to determine if a resolution could be reached. Ultimately,

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the neighbors decided that they did not believe the proposed use was appropriate for this location.

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And as I mentioned, I believe there are neighbors on the call here to explain why.

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Because of the neighbor's opposition to this project, the councilwoman is in opposition

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as well. We understand this is a commercial property, but there are also a number of

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commercial uses, as some of which were mentioned by the applicant, that would be feasible at this

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site other other options include grocery store consumer goods sit-down restaurant personal

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services all of those are by right uses and i also wish to note that the rco in its previous two

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letters to the board indicated that it was supporting the neighbors in opposing this project

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We were not aware that they were having continuing conversations regarding a community benefits

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agreement with the applicant or that one had been reached.

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One that I might include, I might mention includes donations to the community organization.

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The neighbors, like I said, were not involved in the discussion of this and had, were not

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aware that the community organization had changed its position on this matter.

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The community has made clear to our office that they do not wish to see

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another auto-oriented business in this location because they have not had a

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good experience with the current business in this location and as the

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applicant attorney noted there are a number of other auto-oriented businesses already in this

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area so this would be an oversaturation um based on the quality of life issues that the the

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applicants excuse me that the residents the near neighbors who are most immediately affected by

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this business have raised and their opposition the councilwoman strongly requests that this

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board deny the variances requested in this case thank you thank you um miss emerson you did mention

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that up until around 203 this afternoon uh you you had different information have you seen

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the entirety of the community benefits agreement i've gotten to take a brief look at it

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and the neighbors i shared it with one neighbor at that time um i don't know if any other neighbors

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have seen at this point because I don't know who the who else the applicant has shared it with

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That's where I was getting it.

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that's where I was getting it I'm going to see how many people are aware of or made aware of what

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I'm going to see how many people are aware of or made aware of what the community benefits

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agreement had in it.

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Ms. Tancredi, could you answer that?

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Would you happen to know?

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What I happen to know?

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Would you happen to know if other neighbors were made aware of the community benefits

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agreement that was put together by the RCO and your applicant?

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So, Mr. Chairman, we've been meeting with the RCO as is customary.

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we've reached out to the membership to the leadership of the rco we've had a couple meetings

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with them we've we've made ourselves available to the rco since early may and we've provided

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answers to all of their questions we've made changes to the plan just to policies we've

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essentially addressed every issue that has been raised by the neighbors. And I've even followed

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up with the councilwoman's office, because here we are the day of the hearing, and we've been

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reaching out to them to say, if there are additional neighbors that have concerns,

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please let us know who they are so that we can talk to them. I mean, just on Friday, I know that

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my client met an adjacent neighbor at the property and we made arrangements to address the concern

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about a gap in the fence between a neighbor's property and the auto zone property so we've

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continued to make ourselves available with full transparency and really the the councilwoman's

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office is here telling us that there are additional neighbors who have issues and

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We've made ourselves available to everyone through the councilwoman's office, through the RCO, to answer and address and continue to discuss any questions.

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So if there are additional neighbors here today with concerns, I'm not aware of which neighbors those are.

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That was the answer. I wasn't accusing you or your client of not reaching out.

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I just was wondering if, as of today, who were those other neighbors, and were they notified of the community benefits agreement?

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Obviously, you can't answer that.

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I can't answer that.

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The agreement was provided to the leadership of the organization.

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And with that being said, I mean, a lot of the issues that are memorialized in that agreement have been addressed throughout this process.

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Mr. Chair, my objection is I don't believe that the agreement reflects the wishes of the near

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neighbors who are the ones most immediately affected. It was entered into with the community

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organization, which as of last we heard, was standing with the neighbors and opposing the

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agreement. So this sudden turnaround is concerning and suspect and lacks transparency.

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Again, what I'm asking is, Hillary, is does any of the near neighbors, were they made aware of

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what's in the latest community benefits agreement only the one that i sent it to upon receiving it

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i don't know if it was shared with anyone else but remember we only got it less than two hours

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ago yeah yeah i understand that's what i'm getting at so it's possible that there's other near

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neighbors who haven't seen the benefits agreement and it's possible that they may have a change of

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heart that's all i'm saying they may i know i know that neighbors were are here prepared to

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testify in opposition and had obtained petitions that they wanted to present to the board in

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opposition understood but those folks we don't know when they get on we'll ask where are they

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have they been made aware of the recent community benefits agreement the one that i was able to

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reach at 203 yes other than that one the other i do not know mr chairman i i don't know why we're

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the councilwoman's office is speaking so vaguely like which neighbors like we've made ourselves

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available and in fact um i know that the near neighbors um are their concerns are addressed

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specifically in the agreement all right let's see who gets who who testifies and where they live

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okay we have a sharon wilson sharon you can unmute yourself and wait to be sworn in

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wilson when you get on would you please spell your first and last name and give us your address

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yes can you hear me yes we can great my name is sharon wilson s-h-a-r-o-n last name wilson w-i-l-s-o-n

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and the address is 6220 north camac street north camac yes come back if i'm not mistaken runs

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between Broad and 13th, correct? Oh, that's pretty good, Mr. DiCicco.

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13th and 12th, is it? Yeah, that's right.

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It's between 13th and 12th, correct? Yes, it is.

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

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Yes, I do. And what was it? I know it's Camac Street. What was the number? 6220.

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What was it? I know it's Cammack Street. What was the number?

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6220.

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Okay, thank you. Please proceed.

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Okay. I represent the OCA, the Community Association slash RCO. And we did, in fact, enter into a community benefits agreement. And there were perhaps conversations that the councilman or Hillary wasn't aware of.

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we've been talking to the near neighbors repeatedly and in fact one of our most detailed

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conversations happened on sunday they've allowed one of the neighbors to speak on their behalf

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and we were having an ongoing issue with one of the neighbors joanne about the retaining wall

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and as miss tancredi represented she went out the client actually went out and talked to her

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and she felt that she had resolution apparently was regarding that particular wall the other

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neighbors were also asked for certain things regarding lighting and curb cuts. We went out

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and we physically walked with neighbors on Sunday, and we worked on Monday also talking to near

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neighbors. So we talked to neighbors who were actually, when we walked around, in support of

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AutoZone, and we talked to neighbors that were not in support of AutoZone. But the bulk of the

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neighbors that we spoke with that came out at the RCL were in support if we could get certain

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conditions and that's why we entered into the community benefit agreement. There are near

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neighbors who haven't physically saw the agreement but are aware of what we were doing and what we

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were offering and what we were authorized to agree to. Was it your intention to inform those

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near neighbors who have not yet seen the community benefits agreement? Of course.

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Well, once we were up against this deadline, that's the only reason why they haven't seen

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the physical document, but they are aware of the parameters of the document.

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That's understood. And when you say near neighbors, are you talking about folks on

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Madari Street? Yes, on Madari, right across from the auto zone, on Park Avenue, that sort of goes

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sort of a cat a corner from the auto zone we talked to the neighbors on the other side of

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park avenue that would be behind the auto zone we also went to visit some neighbors on broad street

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which is you know a little bit down from the auto zone but still close enough for us to be

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considered near neighbors so there's still some legwork if you will that has to be done in terms

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