civus
Hearing video

ZBA Hearing - March 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 10, 20215h 3m

Thank you.

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Thank you.

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Chair, it looks like the number is stable, so whenever you want to start, it should be okay.

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Thank you. And Jason, Yvette is on.

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You'll be assisting us. Good morning, Chair. This is Yvette. I'm here.

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Okay. Thank you. Okay. We'll begin. Good morning, everyone.

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Excuse me. One more. I just want to say, Tanya, for some reason,

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I see you three different times and I don't know if that'll cause a problem at all with your sound.

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So if you want, we can test it.

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So if you are speaking, we're not hearing you.

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I told you that woman tries to be three places at one time.

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See that?

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Okay, sir, I think she's gone out and coming back in.

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Tanya, I see you, but we still don't hear you.

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Good morning, Tanya.

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Good morning.

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i'm sorry i'm having technical problems oh i figured oh no worries we're ready to go pauline

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we are we are good to go okay thank you good morning everyone my name is frank de chico i'm

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the chair of the zoning board of adjustment i'll be participating in today's hearing along with

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our vice chair ms carol tenere board secretary confessor plaza and board members mr thomas

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Holloman and Mr. James Snell. Board Administrator Yvette Benton and our Board Attorney Ms. Sharon

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Saleta are also in attendance. For those of you who haven't yet participated in one of our virtual

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hearings, I'll go through some of the basics of what you can expect. First, we will be administering

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oaths to individual participants prior to their testimony. Second, we'd like to advise everyone

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that this proceeding is being recorded and that by participating you acknowledge your agreement

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to be recorded and that the recording will be available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by

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hitting star nine and then star six to unmute yourself. I'll repeat, for anyone participating

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by phone. If you wish to testify, you must raise your hand by hitting star nine and then star six

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to unmute yourself. Finally, to enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue. I will repeat that as well.

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to enter an appearance statement, call Google 267-270-5548 and leave your email address

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and the address of the property at issue. I would also like to remind everyone,

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please do not attempt to testify in the chat. All comments should be directed to our board

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administrator, Ms. Benton. With that, I will read off a list of requests for continuances.

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I will read off a list of requests for continuances on the 930 list.

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Case number six MI 2020-002811 590 Rector Street. MI 2020-001222 5909 Elmwood Avenue.

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excuse me chair you got muted

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did you hear what was the last one you here to continue with elmwood yes okay next case to be

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Thank you. Next case to be continued is MI 2020-002-759-6324 Newton Avenue.

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That request, that continues as a request by the applicant's attorney.

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Number 11 on our list, MI 2020-002-751-683 North Broad Street.

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and i believe that is the list of continuances if anyone has any objection to the any of those

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cases that have been requested to be continued please raise your hand at this time excuse me

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chair this is sharon saletta we just heard from um hillary emerson of councilwoman parker's office

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that um number eight on the list the applicant is requesting a continuance and that um hillary

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said her office is working they've had trouble scheduling an RCO meeting her office is working

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with them to schedule one so if we could add that to the continuance list okay thank you MI 2020-0012745871

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North 6th Street is continued again if anyone has any objection to any of the cases that have been

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call to be continued. Please raise your hand at this time. Chair, we have Craig Melodosian.

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Mr. Melodosian, you can unmute yourself and speak.

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Good morning. Craig Melodosian, M-E-L-I-D-O-S-I-A-N,

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coordinating rco ward 40 republican rco po box 3 3 3 5 5 philadelphia 1 9 1 4 2

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you swear and affirm to tell the truth the whole truth nothing but the truth

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i do please proceed i'm speaking in regards to 5909 elmwood avenue

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uh the applicant has not met with the community the applicant has not made any posts for any of

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his hearings on the subject property and uh my opinion is that the applicant is a predator

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business along a residential corridor and has the street stacked full of cars that they're working

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on so even though their application says no body work the nature of the wrecks excuse me

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getting into the case are you requesting that we we uh dismiss this case yes sir well we're

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on behalf of the community we're requesting that it be dismissed

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i believe it could be listed must be heard but because the um the applicant's attorney

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was told it would be continued

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we're going to continue it it must be heard all right and at this point may i ask who is the

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attorney of record at this point sure it's ryan boland do you want me to send you his contact

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information i i i have his contact information thank you very much for your consideration we

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appreciate it is is there a listing date at this point or should i wait for that you'll have to

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wait for that. Thank you very much. Thank you. All right. So let me go back. MI 2020-001-222-5909

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Elmwood Avenue is continued. Must be heard. Any other objections? Any of the cases that have been

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asked to be continued? Please raise your hand. Chair, we have a Christopher Labovitz.

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you can unmute yourself and speak morning sir please identify yourself for the record spell

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your full name and provide us with your address my name is chris labovitz chris last name l-a-b-o-v-i-t-z

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i'm calling on behalf of the tachoni civic association and just as you were reading the

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continuous list, my computer rebooted, and I was just checking on 6948 Keystone Street.

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6948 Keystone Street. MI 2020 002817. That has not been requested to be continued. I will ask if

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there's anyone here on that case. We did not even get any exhibits as of last night. No, we have

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not. The woman who's filing for it was very confused about how the process works. So I said

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that I would make sure it was continued

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so that we could meet with her.

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I don't, with the community.

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So I'm requesting it to continue

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on behalf of the owner of the property.

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Okay, thank you.

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Thank you.

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So MI 2020-002817-6948 Keystone Street is continued.

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Thank you.

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Thank you.

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Anyone else?

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Chair, we have a Joseph Consul.

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Consul, good morning.

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Hey, good morning, Frank, and the rest of the board.

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I'm here on...

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No, just please identify yourself.

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I'm sorry.

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Joseph Consul, Consul Madison, 1 West 3rd Street, Suite 204, Media PA 19063.

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Consul is spelled C-O-N-S-O-L-E.

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That's right.

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You swearing the firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed.

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I'm here on meeting ID 2020-001317.

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It's 3101 Cotman.

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And I'm just seeking, I guess, a little bit of advice.

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My clients met with the RCO twice prior to getting me involved.

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They were unable to get a letter.

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I have proof of their mailings and the meetings and everything.

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I got involved and I reached out to the RCO to see what was going on with the letter.

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And they said there was some language barriers and some miscommunications.

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We need to meet with them again.

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And so they want to meet with us next week.

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They emailed a request this morning for a continuance.

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I guess it was too late to make it onto your list here.

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But my clients are concerned about getting this pushback even further based on that.

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So I'm just seeking some advice.

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so we have no letter but we have proof that we met with them and the proof of the mailing and

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all that um so but i also didn't want to ignore the fact that they there was the emails that came

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from the mayfair civic association and from uh the one of the wards this morning as well excuse

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me this is sharon sletta um karima did forward that request that email request to me just now

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for continuance yes from the rco all right mr council i mean

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if we hear the case we're not going to be voting on it until we get

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communication from the rco i'm i'm okay with that we can do that

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excuse me um mr council you have though met with them is that correct

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The applicant themselves met twice.

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They were trying to do it themselves.

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They got me involved in December when they weren't able to get a letter, and that led

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to the RCO scheduling a new meeting saying that they needed to meet with me since I was

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going to represent them now.

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But my clients were concerned that it would get pushed back really far, so they wanted

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me to explain that they've already met.

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They sent all the notices out.

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They had two virtual meetings, but they weren't able to get a letter.

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And the RCO had told me that there was some level of miscommunication language barrier that really confused both of the meetings to a point where they didn't feel comfortable writing a letter at that time.

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So we do an attorney moving party or does that help him?

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I mean, this is your call.

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Again, this is one of those cases where they the applicant has complied.

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There has been a meeting.

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You're not going forward in cases where there hasn't been a meeting.

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but we can hear the case and hold and uh it would have to be a resumption hearing

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yeah i'm i'm fine with that i i feel i feel confident that we can we can get it all all

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straightened out we'll do it that way right we'll do a resumption yeah maybe ask miss sunkit if she

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is on the line um i will have to come up with a date okay but you have no objection to them

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handling it this way since there have been two meetings nope no problem at all thank you okay

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so we'll hear the case right yes and i can give a resumption date okay very good all right mr

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council hang in there thank you any other uh any other objection to any of the cases that

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have been called to be continued please raise your hand here we have andrew goodman mr goodman you

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Mr. Goodman you can unmute yourself and speak. Hi good morning. Good morning Mr. Goodman please

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You can unmute yourself and speak.

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Hi, good morning.

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identify yourself with the record and I'll swear you in. Andrew Goodman G-O-O-D-M-A-N here representing

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the office of third district council member Jamie Gaudier. We're going to affirm to tell the truth

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the whole truth nothing but the truth. Yes I do. I believe you have a request in for continuance

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but proceed please yes thank you sorry wasn't wasn't sure um but yeah we're here to formally

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um request a continuance for agenda item number five mi 2020-001-231 4614-16 chester avenue

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we understand the applicant has planned revisions but has not yet met with the with the community

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so we ask that the case be continued to allow that community meeting to take place

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Thank you, so noted. So MI 2020. Excuse me, Chair, this is a third party request. If you could call the property owner, who is Elwood VanSkyver. He has submitted exhibits.

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MI 2020-001-231-4614-16 Chester Avenue. Is Mr. VanSkyver available or someone who's representing this application?

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Mr. VanSkyver, you can unmute yourself and speak.

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Good morning, Mr. VanSkyver.

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Please identify yourself, the record first and last name, spell your last name.

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My name is Elwood VanSkyver, V as in Victor, A-N-S.

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If you can get a little closer to the microphone or increase the volume, that would be helpful.

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Okay.

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let me see can't hear you elwood vance hold on maybe if i that's better is that better sir yes

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sorry i apologize for that no worries no worries elwood vance skyver v as in victor a n s-c-i-v-e-r

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uh 243 monument avenue malvern pennsylvania we're infirm to tell the truth the whole truth

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nothing but the truth yes sir you heard the request from the councilwoman's office about a

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continuance yes uh i had contacted the uh once i got the notice of the continued date for the

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hearing i contacted the rco to uh chat with them about setting up another meeting the revisions are

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relatively minor i was advised by the rco chairperson that unless the revisions were major

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their position would not change so uh the the revisions we made are relatively minor to the

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plan so we'd like to go forward with it and get you know the board's decision upon it

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excuse me this is sharon saleta i have the proviso plans form in front of me the changes are

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overall height of proposed building reduced from 38 to 32 feet roof deck at third floor eliminated

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those are the only changes right and and actually the the height change was made uh after the

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refusal was received and prior to the first meeting with the rco so that wouldn't that you

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know that wouldn't impact the rco's decision i anyway the rco sent sent the letter of opposition

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you know that yes sir i'm aware of that

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and it appears that the councilwoman's office would like to have our staff involved

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to see if they can address some of the issues that may have led to the opposition

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would you rather go ahead with this hearing you're saying uh well

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Well, frankly, I had not understood that the council person wanted to be to discuss it further.

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As I said, when I reached out to the RCO, the RCO advised me unless there were substantial changes to the plan, they would not be changing their opinion.

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So we did not make substantial changes to the plan.

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uh adam you there let's see mr goodman are you still on oh yes yes i'm here yeah i mean i i did

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not i figured that there would be an interest in going back to the community to reflect updated

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plans uh so i'm a little i'm a little surprised um but if the applicant wants to proceed with

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opposition as reflected, then that's their prerogative.

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Sir, it's your call.

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If you want to go ahead with the case.

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uh well that's that's where i am sir yes i mean was the updated was the updated hearing

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Well, that's where I am, sir.

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Yes.

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Okay.

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date posted so that neighbors would have would have known that they had the opportunity to testify

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today yeah all right we'll go ahead with the hearing

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hello mr gubman and if you want to get on the record at the time of the hearing

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state the position of the councilwoman yep we absolutely will thank you sir okay thank you

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at this time i will ask are there any other requests for continuances or withdrawals on

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the 930 list. Chair, we have Sloan Foulkes. Mr. Foulkes, you can unmute yourself and speak.

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