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Hearing video

ZBA Hearing - October 11, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 11, 20235h 37m

Okay.

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Good morning, sir.

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Could you state your name, please, and spell for the court stenographer?

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They've been about to speak, sir.

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Oh, can you hear me now?

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Yes.

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Could you state your name, please, and spell for the stenographer?

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Yes, Mr. Chairman.

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Scott Frith, S-C-O-T-T, Frith, F-R-I-T-H.

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Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Proceed, counsel.

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Thank you, Mr. Chair.

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Mr. Frith, can you please tell us your profession as it relates to Brewery Town and in particular this particular neighborhood?

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Sure, sure. I'm an attorney by trade, but I'm a real estate agent with Compass Real Estate.

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My wife and our newborn daughter live in Brewery Town, just across the river,

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and I was retained to sell single-family homes on Pensgrove and Wyalusing by Thais Serrano.

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Okay, and what can you tell me about the first two properties that were built by my client,

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completely compliant with the zoning code, the two single-family homes?

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You know, I'm not used to bragging about my failures, Mr. Antazio,

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But I had 39.59 Wialusing on the market for six months, did 18 open houses, and unfortunately was unable to sell that house.

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Understood. And have you looked at the proposed duplexes that are proposed for the otherwise vacant block?

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I have.

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Okay. And in your opinion, in your expert opinion, would these be more economically viable than the single-family homes that lay vacant?

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Yes, sir.

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Okay. And in your expert opinion, is there a viable economic use as a single-family home on these lots?

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Unfortunately, no.

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And unfortunately, in my experience, selling, you know, attempting to sell those houses

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shows that there is not.

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Very good.

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And are you reasonably certain that the smaller units, the duplexes, would have a better chance

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of occupancy for folks in the neighborhood?

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Yes, they'll be.

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I mean, they'll be more affordable because they're smaller and they'll fit the need better

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than the larger houses.

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Thank you very much. Mr. Mr. Chair, I'd like to call Ms. Carol Grosso.

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Thank you very much.

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Jason, do we see a hand? Good morning. Good morning. Could you state your name, please, and spell for the course stenographer?

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Yes, Carol Grosso, G-R-O-S-S-O, first name G-R-O-L.

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Okay.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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You see, counsel.

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Thank you.

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Ms. Grosso, do you work for my firm as the zoning coordinator who works with RCOs and the zoning board?

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Yes, I do.

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Okay. And were you responsible for mailing the notice that went out to 320 individual households for the registered community organization meeting?

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Yes.

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Okay. And Mr. Chair, I've already submitted those flyers and the proof of mailing.

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Ms. Grosso, I asked Mr. Hand as well if Ms. Grosso would be permitted to share her screen.

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Please hold.

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Thank you.

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Ms. Grosser will be announced in Azapanda shortly.

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Okay.

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Let me share my screen and I will show you the document.

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can everyone see the document i have up no no no well i selected share screen

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what do you see nothing carol can you please select select the document and then hit shared

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screen. I did. I did exactly that.

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Would you please try again? Yes, I'll try again right now.

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I'm selecting screen one.

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Selecting share.

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It's up. That's fine. Okay.

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Very good. Can you open, can you, you said you, you

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mailed the notice for the RCO meeting. And to your knowledge, the RCO meeting was had. Is that

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correct? That's correct. Okay. And after said meeting, you received an email from the coordinating

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RCO. Is that correct? That is correct. Please share with the board that email. Okay. And that's

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what I had up. I don't know where it went. Give me one moment to bring it up yet again. We see

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your inbox but we don't see the actual email yeah i know you do i'm moving i'm moving it over to my

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other screen um i apologize for the delay okay let's okay here we go all right let's hope this

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time there you go can you see that yes okay can you can you zoom in please

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yes

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let's try

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okay so after the mailing went out to all 320 households and a meeting was held

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you received an email from the coordinating RCO is that right

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Lorraine Gomez, correct.

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Okay, please read the email to the board that you received right after the Registered Community Organization meeting.

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Yes, this was received on August 16th.

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And Lorraine states, good afternoon.

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Thank you so much for meeting with us.

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We have some questions about the project, and when we'd like to support it, can we set up another Zoom meeting as soon as possible?

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Okay, thank you.

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Mr. Chair, I'm going to move this email into evidence along with my other my other exhibits.

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Ms. Grosso, after receiving this email, did you attempt to ask the RCO about additional questions that they might have?

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Yes, we were trying to get some indications of, you know, how best to be prepared for whatever their questions may be.

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Okay. And was your inquiry answered with the information requested?

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we had multiple attempts in getting responses from it did we did you ever get a response

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We had multiple attempts in getting responses from it.

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um there was some response that was given at one point that um we received

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and i'll have to find that one but essentially um

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i might have it in another email did they provide you with the questions that you asked for

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there was no specific question ever provided okay very good and are you are aware though

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that we did uh go to a follow-up q a meeting with the rco is that right correct and the initial one

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that was set up they never they never initiated because someone was sick and then they did another

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one very good they rescheduled it as well very good uh did you mail did you mail a notice of

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this follow-up Q&A? We asked the question of whether or not we needed to do any subsequent

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mailing, and the response was no. Okay, so you did not mail any notice to the immediate neighbors

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about this second meeting? Correct. Okay, and after this second meeting, as a result of the

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second meeting, did you ask the RCO for a sign-in sheet and a copy of the recorded video of the

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meeting? Yes, I did, and I never received anything. Okay, so you did not receive anything

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after requesting the sign-in sheet and a copy of the recording? That is correct. Did you ever

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receive notification or vote tally of the initial RCO meeting that was advertised and presented?

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um not a never a tally but uh we did get no did you know the initial the initial the first

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meeting did you receive a vote tally or a position letter as a result of the first meeting

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no okay thank you very much not the chair i have nothing for this witness nothing else for this

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witness. And I call Mr. William Taylor.

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Could you please state your name and spell for the court stenographer?

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Can everyone hear me? Yes. State your name, please, and spell for the stenographer.

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William Taylor. First name W-I-L-L-I-A-M. Last name Taylor, T-A-Y-L-O-R.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Proceed, counsel.

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Thank you, Mr. Taylor.

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Mr. Taylor, you're a property owner in the immediate area.

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Is that right?

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Yes.

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Were you in attendance at the RCO meeting that was convened as a result of the mailing from my office?

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The first meeting?

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That's correct.

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Yes, I was.

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Okay. And you weren't in attendance for the entire time. Is that right?

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Yes, I was.

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And after I left the meeting and my client left the meeting, you stayed at the meeting, of course, for the vote or for any discussion. Is that right?

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Yes.

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Was a vote taken?

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Yes, there was.

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And what was the tally of that vote?

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The tally of the vote was five to five. And the deciding vote was a lady, I don't remember her name.

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she said i'm not i don't live on the block or i don't live around there i just want to support

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what the neighborhood wants after being pressed for a vote she voted um against so it was six

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to five against so ostensibly though from immediate neighbors it was a split vote is that correct

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yes very good did you attend did you get wind of the second meeting and did you get uh were you

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able to attend yes i was okay how would you characterize that second meeting i would i

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characterize it the second meeting was um it wasn't uh a q a it was just uh it was more

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contentious and attacking in the first meeting it wasn't it wasn't like a a mix of people who

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were interested it seemed who were enthusiastic and unenthusiastic about the project it seems

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to be entirely all unenthusiastic people on the call okay was did anyone ever identify

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themselves as being immediate neighbors no there was no was the actual rco head the person who ran

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In the initial meeting, did they acquiesce to someone else who turned out to be a paid consultant?

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Yeah, there was a gentleman who, the head of the RTO said she wasn't feeling well, or she had just come off of COVID, and she let this other gentleman basically run the meeting.

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Yeah, there was a gentleman who the head of the RTO said.

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Would you characterize the meeting and the tone to be hostile to my client?

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Very good.

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Okay.

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mr taylor there's a letter uh that was generated by uh not the uh not the uh coordinating rco but

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another rco a secondary rco that um states uh that is sent to the zoning board where did you see that

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letter no i haven't seen it okay were you aware that they referred to you as debunking my client's

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claim that a single family home newly constructed is not viable in on this block were you aware of

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that they were using whatever you said at the first meeting or the second meeting against my

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client? Yes, I'm aware of that. Okay. And how do you rebut that? Well, my comment at the second

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meeting was I jumped into, there was some lady who also doesn't live in the neighborhood. I don't

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remember her name either. And she was basically, her position was that the price point that your

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client was trying to get for her single family houses was too high. And so I refuted that by

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letting them know that i sold um three single family houses one block over on a less dilapidated

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block at a higher price point so i'm like it's not the price point it's the block and the vacant

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you know the the emptiness of the block that has been the issue on why i loosened so that that was

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my that was my argument and position is that the block needs to be filled in more to achieve any

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price point. The people who came to see those houses all commented on the block itself,

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not the neighborhood and the price point. Very good. So it's your position that you support

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these duplexes because they will, in fact, help revitalize the block?

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Yes. I think this neighborhood needs as much development as possible.

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Thank you very much. Mr. Chair, before we bring it to parties of interest, I have to say that

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in 15 years of practice, I'd never experienced an RCO situation as I did in this case.

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We code-compliantly mailed all notices to 320 households. A meeting was held. It was a split

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decision um and then a an email was sent under false pretense saying that they inclined to

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support us uh but then when we attended rco leadership was absent a paid consultant then

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created a hostile environment not my words my the witness's words uh and here's one of the few

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female developers in the neighborhood who have consistently invested in this neighborhood

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made to feel like, well, anyway, the point is that the RCO process was hijacked and made a

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mockery of, and I do think that's something for note. More importantly, we have expert testimony

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that these properties have no viable economic use as single-family homes. The proof is in the

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putting the proof is on the block. That block is overwhelmingly vacant. And as a result, these

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new duplexes, one and two bedrooms, will provide approachable price points, affordable

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units as opposed to single family, and exactly what this block needs in order to turn itself

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around with that i'd like to uh yield for now so that you can call parties of interest

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questions from the board

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no mr chairman

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no chair no chair okay uh questions from our attorney hillary emerson um yes mr chair just

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a couple quick things for Mr. Anastasio. First, one of the

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properties has a different owner listed

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than Ms. Serrano. Is she part of the

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LLC that's the listed owner for that property? It's

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39, 33 while losing? That's correct. Okay, so she's

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BSM Investments. Yep. Okay. All right, thank you.

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And the emails that Ms. Grosso showed,

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since those were not part of the exhibit pack.

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And if you could please submit those by close of business tomorrow

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by close of business tomorrow

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so that they can be included in the record,

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so that they can be put in the record, that would be great.

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that would be great.

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Yes, and Mr. Chair and Ms. Emerson,

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I do want to send, also submit into evidence

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my email sent to the Zoning Board

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at 9.04 a.m. this morning

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objecting to the letter

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that was sent by the non-coordinating RCO

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as hearsay and inaccurate.

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And actually, just because I have it,

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I should put it up here.

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Please bear with me. I submit into evidence 27 signatures of immediate neighbors, many of whom are on Wyalusing, in support of the zoning variances for the duplexes.

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