civus
Hearing video

ZBA Hearing - October 6, 2020

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

they had some items or issues regarding the massing that we had to work out with them.

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As such, at the end of that hearing, Mr. Chairman,

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you suggested that we continue this matter to allow further conversation between ourselves

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and RCO leadership in conjunction with the councilwoman's office to reach an

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agreement regarding the massing and any outstanding issues I'm pleased to say

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that those meetings were productive and that we have actually I just realized my

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screen is not sharing share that I'm pleased to say that those meetings are

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productive and that we have reached an agreement regarding the design and

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massing of the building and as such we have received letters of support from

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both RCOs both the 44th Democratic Ward which you can see here and

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also from Achievability which was the coordinating RCO for this project and

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application. We have submitted a revised plan that reflects the changes that were

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agreed upon regarding the massing of the building, as you can see regarding this

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proviso form that we have set back to fourth and fifth floor, five feet, creating

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a small terrace. Let me zoom out a little bit so you get a better... there you go.

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And therefore, we're resulting in this current design, which we did submit separately to board council for provisal approval.

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As such, we're asking the board to approve this project pending this agreement, or not pending, but due to reaching the agreement regarding the massing and design of the building,

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and that we have been able to reach an agreement in principle regarding that all the matters that

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we discussed at the last hearing with the RCO and that should be executed imminently as such

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we hope that the board will see that this is a great project for this area and that we can

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obtain variance support. Mr. Bertil, a revised plan how many pages? It's four and I submitted

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uh all four um only because each is reflective of the setback so just i just i just need to know

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so i when i call the proviso win i know how many pages oh understood okay okay thank you do you

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have anybody any witnesses uh no not at this time unless my understanding is that um we we completed

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all the testimony that we wanted to completed at the last hearing um and we were just needed to

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close this final loop with the the rcos and wait for a vote thank you uh questions from the board

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no no anyone else wish to testify in this case if so please raise your hand

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we have andrew goodman from the council person's office

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Andrew, unmute yourself and wait to be sworn in.

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Good afternoon, Mr. Goodman.

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Please identify yourself for the record.

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Good afternoon.

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Andrew Goodman, G-O-O-D-M-A-N,

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representing Office of Third District Council Member, Jamie Gaudier.

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We're going to affirm to tell the truth, the whole truth,

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and nothing but the truth.

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Yes, I do.

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Thank you.

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Please proceed.

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So just here today to affirm what I submitted

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in kind of electronic testimony.

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We're here to kind of affirm the progress that's been made in collaborative dialogue between the development team, multiple representatives from community organizations, as well as our office.

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the development team multiple representatives from community organizations as well as our office we've

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participated in those conversations and are kind of pleased with the with the progress and the

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revisions so we're here to amend our previous written statement requesting a continuance to

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one of support obviously with you know providing the the updated plan documentation thank you

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uh planning commission

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good afternoon uh board my name is peter bernard speaking for the planning commission

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peter spell your last name please b as in boy is an apple r n a r d

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

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yes thank you please proceed this property is recommended for commercial mixed use on the

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comprehensive plan. This site is in close proximity to the market Frankfort L 52

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second street stop. We have no objection to the density of the building but would

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recommend that the applicant work at amending the plan to include a bonus

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element that would permit the additional height as of right.

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MI-2020-000049-53 North 52nd Street. My vote is yes with the proviso revised plan.

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Four pages approved today. Yes with proviso. Yes with proviso.

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Yes, with a visor.

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Thank you, members of the board.

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Thank you.

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Confessor, I believe there was another one.

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We have a request that was requested.

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Mannheim Street.

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Yes, it's on your list.

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160 West Mannheim.

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Rachel Prusker.

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I don't have it, so, Confessor, you'll have to read it off.

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I don't have it either, Sharon.

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I'll read it off.

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Excuse me, this is Sharon.

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It's included on the add-ons that I emailed you this morning.

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Oh, sorry about that.

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Yeah, you're right.

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Let me locate it.

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Give me one second.

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Sharon, just give us the MI number, please.

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Is it 2020-000799?

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Yes.

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160 Manheim Street?

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Yep.

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That's correct.

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All right.

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Thank you.

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I'll read it in.

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Confessor, you have it.

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You can read it in.

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If not, I'll do it.

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I don't have it now.

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All right.

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Calendar number MI2020-000799160 Mannheim Street.

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Rachel, you're still under oath.

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Do you agree to waive the reading of its refusal and stipulate to its accuracy?

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Yes.

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Have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance copy of the refusal referral photos and plans five days in advance

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of this year yes also have you met with the rco and have a letter yes thank you you may proceed

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please identify yourself for the record rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635

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market street suite 1600 philadelphia pa 19103 i'm just trying to pull up the rco letter um

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This was from, I guess, a week or two ago where we put on the case and then we had the RCO meeting.

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I'm just trying to bring up the letter from the RCO.

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Does the board recall this or do you want me to go back through the hearing pack and everything?

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You can give us just a couple of pieces.

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I don't remember.

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Maybe when I see something.

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Okay.

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Happy to.

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Some bullet points.

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Yep.

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Okay. So this is 160 Mannheim, which is an existing duplex in a Germantown twin. The property

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zoned RSA 5, I believe. However, this has been an existing duplex for years. There's tenants in it.

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There's a family living in the top unit and a single female living in the bottom unit.

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it's RSA 3 and it's an existing structure so this is the aerial view of

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the property as you can see it's a almost I think 3,000 square foot

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structure I think it's like 2,700 square feet this is the front of the structure

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with the zoning posters again this is the site over here

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here we were refused given the fact that it's a duplex

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We were refused, given the fact that it's a duplex in RSA 3, however, again, it's an

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existing duplex.

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It's got two entrances, I'll get to the photos in a minute, and it also, again, has a housing

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rental license for two units.

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When my clients, who are the recent owners, purchased it, they were provided with these

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documentations and told it was a legal duplex.

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Again, there's housing rental licenses.

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The other refusal that was generated was for the off-street parking.

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As you'll be able to see in the pictures that I provided, there's a grade change, and there's this stone fence, if you will.

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So trying to provide accessory off-street parking is impossible on this site without having to demo this and then parking in the front yard, which is not possible.

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There's a rear yard for these properties, but not accessed by a rear street in which we can provide parking.

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We did agree with the RCO to provide some street trees and other, and we have an indoor mailbox and things of that nature.

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I just want to bring up the RCO vote.

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So it was for, opposed, for, and support.

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so I think it was a tie as such we went and got letters of support from the

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near-neighbors which we provided to the board

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let's go through this 162 173 171 140 and I think based on the RCO's letter

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that I guess it was a three four or five family dwelling for a long time then there was a permit

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for single family in 2003 but it was never converted to a single family and left as a duplex

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we did agree with the community group to authorize the planning of a street tree and install planners

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along the curb which help will help because there's cars parking on the sidewalk and a rain

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barrel, which is one of the things they wanted in planners for stormwater management. We also

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agreed to interior storage space for tenant trash. And we have a, we provided them information with

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the property maintenance company as well, which one of the owners of this property actually works

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for a property management company. The mailbox is already inside of the building. I'll get to show

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you interior photos in a minute. And we have security lights as well. Although the civic

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understood that you know they prefer home ownership and single-family they

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did understand that this was an existing duplex and I think that's why there was

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a four to four vote I just want to show the interior photos of the site so that

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you can see how built out this already is so we have the living room the first

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unit we have let me just get to the front photos your documents maybe

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here's the housing rental licenses which show that it was two units wow that's really small

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can the board see that

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is that better yes okay um and i just want to add the interior photos

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help me photo showing where the trash will be stored i think the first floor has access to the

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yard yeah the first floor has access to the yard i do believe that we had just here's the when you

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walk in. Here's the front photo. So you can see there's a unit here and a unit here. I think we

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had the both of them store them inside instead of putting them in the front. And I think there's

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also storage in the rear. However, I don't think that anybody actually was utilizing it, but we

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did make that available. The community group preferred that they stored inside, which I

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believe that's where the tenants are storing. Anyways, I do have Job Itzkowicz and Joseph

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Bernstein as well who are the owners and they could provide some insight as to

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the situation with the trash, but I don't believe that exterior trash was

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something that the community really wanted on this site. All right. Do you

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need to bring a witness on? Yes, please. Tanya, do you see Joseph Bernstein and

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And Job, it's go-aheads.

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We have Bernstein, I'm muted, and we have, Job is, um,

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I'm muted, and we have, Job is on an older version, so it won't allow me to let you speak.

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One is sufficient.

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Yeah.

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Joseph, are you there?

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Yes, hi.

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Can you hear me?

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Yes.

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Yes, Joseph, please spell your first and last name and give us your address.

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Certainly.

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Joseph Bernstein, J-O-S-E-P-H, last name Bernstein, B-E-R-N-S-T-E-I-N.

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My home address is 150 West Penn Street, P-E-N-N, Philadelphia, PA-19144.

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Thank you.

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We're infirm to tell the truth, the whole truth, and nothing but the trash.

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I certainly do.

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Joseph, can you just answer some of the chairman's questions about the trash?

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Is there exterior trash in the rear?

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Sure.

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We had intended to set up sort of like a gated trash area, which we thought would be more appealing to the tenants.

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The RCO indicated they did not wish for that to occur, and that is entirely suitable.

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Both tenants currently store their trash in the property have indicated they have no problem doing so.

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Okay.

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Okay. Also, just to put on record from before that this is already built out, that you have

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tenants in there, and it's the same tenants that were there when you purchased the property as well.

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Absolutely correct.

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Okay. And have you heard the rest of my testimony today? And do you adopt it as your own?

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Yes, I do.

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Happy to take any questions. Oh, and also, Joseph, can you, you were the one who walked

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around to get near neighbor support, correct?

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Yes, I did.

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Okay. And do you affirm that those signatures are accurate and that

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it was actually signed by near neighbors yes correct i do okay thank you happy to take any

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questions that the board has questions from the board no no anyone else wish to testify in this

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case if so please raise your hand we have someone with the last three digits five five five you can

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unmute your mic and wait to be sworn in chair they're available to be sworn in okay um whoever

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you are please identify yourself first and last name would this be miss weiss allison

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i believe that's her number yeah i think so too

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um for some reason allison you're unmuted you have to speak to this case

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