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Hearing video

ZBA Hearing - June 23, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 23, 20216h 15m

East Parkside

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for East Parkside's

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uh for east parkside's um revitalization sure um uh well one of the things that i that our mission

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revitalization?

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Sure.

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is as a community development committee is to carry out five priority areas that we developed

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in our strategic plan which was housing and home ownership um i've worked with two groups

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the vital street business association um and centennial parkside cdc and having the working

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to get the remapping of our area um the remapping was necessary to uh because it was very archaic

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at that time um some of the other things that we did uh was to um get a public garden into the

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neighborhood trust fund um and with the support of the planning commission and our former councilwoman

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Jamie Blackwell, we were able to do the remapping. What's going on now is all of the work that these

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two groups have done is being eroded by a number of projects that are requiring high density

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in their projects. What is the position of the CDC that you're vice president of on this project?

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We oppose it. We oppose it along with the other groups, APRA and BSRA.

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And Centennial Parkside CDC is one of the RCOs, correct?

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Correct.

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What have been your dealings with the applicant on his development projects over the years?

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So over the years, I do attend...

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And this project as well.

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Okay. Over the years, at least I attend at least 90% of the RCO meetings, and we've experienced the uptick in those meetings because a lot of the projects are being brought on by the applicant.

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We have, residents have made it very clear that we're not against the development.

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We're just asking, we're being more outspoken about the density issue because of the long-term impact it's going to have in our community.

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So we have shared this with this applicant as well as a couple of other affiliates, that this is a concern. And so most of the votes that come in or the community's perspective is that your density is just, it's really not in the best interest of the community.

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um and even in i've had some correspondence with the applicant back in 20 uh 2020 august 19th and

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august 30th where i explained the income demographics of east parkside i also sent them

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some data and um information about our community um and what our vision is uh his response at one

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of our recent community meetings when we had a chat in the RCO was we didn't have a solution.

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And I was clearly, I explained that in an email to him when we were having a discourse

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about this very issue. Well, not this issue per se, about the density and some issues

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the community was having about the number of units that he was crowding into his projects.

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I have put up a screenshot of several photos of the intact neighborhood block, rather, at 4300.

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Can you confirm that this is the 4300 block as it appears today?

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Can you see this photo?

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Yes, I'm looking at it.

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Okay.

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Yes.

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Yes.

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Yes. And can you confirm that people who have been objecting to this project have lived on this block, for example, Ms. Donna Peters, who passed yesterday, they've been on this block for over 20 years or over 30 years. They are long-term homeowners. Can you confirm that?

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Yes. Yes, they are.

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All right. Thank you. Your witness, Mr. Bouvier.

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hi i if you can i'll take the screen down i just have one question um can you see my screen

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yes all right i'm showing you a zoning map that has the site um my hand my my cursor that looks

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like a hand is waving over the property can you see that yes i can okay so we're along park side

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this area is Belmont. This area, are you familiar with 1715 and 1717 North 42nd Street,

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one block over? Yes. All right. Did the Centennial Park support 12 units in a single

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family zoning with only 2,700 square feet? No, we're going to be asking for

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With only 2,700 square feet?

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No, we're going to be asking for a decrease in that density also.

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So you did not support that?

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We're going to be asking for a decrease in that density also.

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Do you know if some of your members who are residents of that area are supporting it?

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Some members of I can't speak to that, sir.

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Do you know if other RCOs are supporting it?

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I think we're on an irrelevant object is irrelevant what you're talking about.

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No, you asked her if she knew if everyone on the block was there for 20 years.

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That to me is telling me that she is aware of all of her neighbors.

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So that's why I asked the question.

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It is impossible.

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It is impossible.

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I respectfully disagree, and please, you know, don't cut me off.

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Madam Chair, I object to this question.

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That's your position.

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He is taking up the time of my presentation with these relevant questions.

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I am done, Ms. Haskins.

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That was my question.

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One at a time, Ms. Halsey.

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While you have your, while you have this.

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Here, go with your presentation.

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stop there's 10 more minutes

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Ms. Haskins you have to unmute yourself again

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oh sorry

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that you would like to add to to your testimony

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I'm sorry you said could you repeat that Ms. Haskins I'm sorry

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I said is there did I didn't know whether you were cut off

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is there anything that you would like to add to your testimony

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I just want to, I just want again to speak to the density. And also I have made it very

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clear to the apathetic and the community has made it very clear to the applicant at RCO

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meetings that we are concerned about the density that seems to be accelerating in his projects.

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I even sent him an email, all some research that we had done in Brandywine, Brandywine

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Realty Trust had did some research and data for us as well as the University of Pennsylvania to

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get him to understand our concerns about identity, our need for more single family housing for the

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future of our and the wealth and benefit of our neighborhood. So we're just, it's not like we

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don't want to work with him. We're just asking him to please listen to us what we've been telling

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him for a number of years. Thank you. Thank you, Ms. Smith. I'd like to just simply conclude

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and summarize our presentation. We've got testimony about the attempts by this community

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to work with Mr. Yakubov. But the issue here is not only listening to the RCOs that are

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zoning code as the authorized input for the zoning board's process, it is clear that this

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project does not in any way meet the legal standards that are required for a variance.

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There's no unnecessary hardship for height and density. There's just no way that he can justify

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that he can't put a building there.

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I mean, he said that he can put a building there

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at 38 feet and six units

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and with commercial on the first floor.

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It would be a three-story building.

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It would be in line with the existing row houses

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that I've shown you.

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It would not destroy the sunrise,

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seeing the sunrise on the porches of those houses.

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more importantly this is not a public benefit to to this community and it was it it it he actually

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you know knew when he bought this property that he was um he'd had a 2800 square foot property

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and had a real limitation on density but he has proceeded so it's self-created

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All of those are the legal standards that this board is required to look at.

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You heard the testimony, the impressive testimony from Councilwoman Gauthier.

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You've heard the vice president of the CDC talk about having to, having to.

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the vice president of the CDC talk about having to having tried to work with Mr. Brian Harris,

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who testified at the first hearing, and who is head of the East Parkside Residents

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Neighborhood Association, could not be here today because his mother passed last week,

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and so he's funeralizing his mother today. But this community is very tight knit. It is very

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resolved that the density and the overbuilding that is going on in East Parkside has to cease

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because the developers should work with the community so that you will hear their voices

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as you are acting on this application.

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We therefore ask that this board disapprove this variance and that and we are willing to

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compromise that for him to build up to 40 feet with six units without having to go for mixed income.

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Thank you very much, Madam Chair. Thank you, Ms. Haskins. If I may? Yes. I would like to call

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the applicant and I would like to share my screen.

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um we have five more minutes i should be i should be able to get it done

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i i should be able to get it done okay thanks

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uh okay german can you describe to me what i have um in front of the board yes you have a

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letter of support from the centennial parkside community development corporation that which uh

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miss smith is a vice president of supporting a uh development of 12 units on a single family lot

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a block away like you showed on your map so submitted to the rco for next week's zba hearing

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okay and the only concession only benefit they have if you scroll down it says that they're

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asking for a porch uh under it says letter with explanation with front porches i'm guessing

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that match the facade of the community.

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Again, this is a 12-unit project

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that is on a single-family zone lot,

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different than ours, which is CMX2,

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and it doesn't count all of the benefits

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that we're conveying onto the community.

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Okay, speaking of benefits,

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why don't you describe to us what you are offering?

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Because there was talk about

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that you're holding the mural hostage,

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which which i find ridiculous so why don't you make it clear for the board what is it that you're

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doing for the community that couldn't be further from the truth so the we love the mural and we've

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worked with our neighbors in the past um this is just one of those things it's just economics right

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so there are three or four key benefits one of which is moving the mural across the street

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repaving the adjacent 21 neighbors' driveways, which have been dilapidated over the last two

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decades, in addition to creating a more or less common space in that first floor commercial space,

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turning that into a museum that would commemorate the Philadelphia Stars and the Negro League.

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And those three benefits cost money. In order for us to do those things and get the height

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for that commercial space, we need the variances.

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We've also offered to still have those benefits

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and still reduce the project.

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We offered to take one floor off and make it 12 units

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and have the building be 52 feet in height

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plus the pilot house.

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Another option we offered was to keep the building

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the same height, but make 20% of the units,

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which is three of them, fully affordable

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with a deed restriction that would last 50 years

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and run with the property so who would ever buy it would have to conform to that so there are so

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many concessions that we've made and the reality is is we want this mural to survive and even in

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the plan the city has their 2035 plan it calls for a an additional um tourist attraction on that

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corner and we're offering to provide that with private money without tax dollars and that will

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continue to live in perpetuity and augment the the the amazing memorial park across the street

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um we've it's like this building is not an old city right so the rents that we would get for

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these projects for these properties are not the same that we would get in other places so six

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units just doesn't cut it almost doesn't even make the building feasible it only at 12 units

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can we have all of those benefits uh that that it would work that because that's just that's

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just the reality of it having so in other words you know the this project will actually

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So in other words, you know, this project will actually enhance that corner because not only will you have the mural relocated, but inside the park dedicated to Negro baseball, but you will also have this cafe that will be this museum as well as, you know, a tourist attraction for dedicated towards Negro baseball.

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yeah am i correct that's correct and that's really the the crux of it and that's the main

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reason we got the letters of support from the west power outside business association because

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they were the ones responsible for that mural to be put up 15 years ago to begin with they worked

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really hard uh marjorie ogilvy miller parker and a whole bunch of other people listen to hudson

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worked very very hard to get that mural put up there they worked with the phillies and they

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talked about getting the phillies involved with the the community um that the cafe on the first

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floor to really have the memorabilia. And that's great. I think we just have about a minute left.

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And I have somebody in the virtual audience who would like to testify. I would like to have an

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opportunity to respond to one thing he said about the driveway. His trucks have been using the

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driveway to drive behind the houses that he owns, I guess one or two houses that he owns,

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or for whatever reason.

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And that is a part of the damage to the driveway.

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So he has a legal obligation to repair.

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That is so irrelevant.

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It is irrelevant to talk about a driveway.

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Nonetheless.

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One person at a time.

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It is irrelevant.

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Please, Ms. Haskins, may I?

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Okay, there's somebody in the virtual audience who would like to testify. I think it's Lorraine

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Gomez. Can somebody promote her? Hi, this is Lorraine Gomez. I'm not to testify, but

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I was not at my desk, and there is supposed to be a letter of support from me.

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Ma'am, could you just state your name on the record to be sworn in?

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Sure. My name is Lorraine, L-O-R-R-A-I-N-E, Gomez, G-O-M-E-Z. And it was stated that I sent in a letter of support.

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Okay. Do you swear for me to tell the whole truth and nothing but the truth?

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Yes, I do.

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So are you in support or do you oppose this?

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I'm with the community. I'm the chairman of the zoning. So I'm standing with the community.

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I did not submit a letter of support.

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Okay, thank you.

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Thank you.

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Madam Chair.

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Madam Chair, excuse me.

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I believe that's one more person.

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No, we're done.

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We're done.

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Madam Chair, let's proceed, please.

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