civus
Hearing video

ZBA Hearing - November 3, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20206h 16m

but there was no issue with regard to the

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to the garage in the front of the home here's the results of the vote eight to zero non-opposition

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Here's some photos to give you some perspective.

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Arriving Street is between South and Lombard.

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As the board knows, this is a shot looking east.

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This is the north side of the street with existing front load of parking.

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And this is the flat open lot that has been used for stack parking for, as I said, 30, 40 years as far as we've been able to tell.

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And you can see from the sign here, there's no parking in the street whatsoever.

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However, again, some perspective photographs to give you a view.

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This is looking at the lot directly on facing south, and this is also facing south.

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Again more garages in the front of properties, especially on those streets where there's

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no parking on the street.

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This is the site plan, pretty direct.

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We have no issues with regard to open space, height, or rear yard area.

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It shows the height of the building is below 38 feet or at 38 feet.

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These are the stairs in the rear yard that resulted in a refusal.

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Floor plans.

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The sensor is going to be a garage on the front.

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It's on the slab.

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The mechanical room is in the back half of the basement.

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First floor plan is the car, a little den area.

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second floor living dining room kitchen then two bedrooms on the third fourth floor with a master

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and a rooftop deck I wanted to show you the drawing this is a rendering I want to use typical

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red brick the fourth floor is set back and the architect has used different style materials

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to offset the look of the elevation on Rybin Street that ties in with the other properties

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on the street. You notice the corner line, cornice line, excuse me, is being carried over.

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And we also have windows on the second floor and third floor. Just showing the shadow lines.

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Agreement of sale, tax certification, our appeal, and the zoning map. This whole area is zoned RM1,

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unsurprisingly to me, but that's what the zoning maps show. This is our letter that we sent to all

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the neighbors and sent out over 97 pieces of mail. And here are zoning records I pulled from the

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archives just showing that this has been a parking space for vehicles, two vehicles, for some time,

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at least back to 96. And you can see the renderings that were in the file.

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and there's some records back from the 30s in 1937 referring to garage so basically we have an

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open air slab lot that has been used for parking for numerous years it's a single family residence

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block three-story homes front loaded garages there's no parking on the street we believe

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this practice is in conformity with the code it's in conformity with the wishes of the community

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group and i'll stop talking to see if the board has any questions and if not i would ask my client

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stop talking and see if the board has any questions.

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And if not, I would ask my client to adopt the testimony

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since I believe Tom's family is on the line.

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Get your client on and then we'll ask for questions.

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Tom, are you on the call?

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I think he is, but he can't get in, Mr. Chairman.

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May I stipulate that he would adopt?

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Yeah, we'll stipulate that your client would adopt your testimony.

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I'm on now, and I do adopt a testimony.

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Well, let's get your full name, sir.

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My name is Thomas Famoletti, F as in Frank, A, M as in Mary, I, L, E, T, T, I.

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We're in a firm to tell the truth, the whole truth, nothing but the truth.

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Yes.

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Tom, have you heard my testimony?

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Yes.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you, Tom.

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thank you questions from the board no no anyone else would like to testify in this case please

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raise your hand here we have ryan mcintyre ryan you're going to mute yourself and wait to be sworn

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in good evening sir please identify yourself with the record spell your first and last name

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and provide us with your address uh yes hello my name is ryan mcintyre r-y-a-n-m-c-i-n-t-y-r-e

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my address is 521 south juniper street uh we are the house you can see there with the fence in the

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back let you swear and affirm to tell the truth the whole truth nothing but the truth i do thank

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Thank you.

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Please proceed.

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Yes.

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Hi.

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We have an objection to the garage parking based on there are two utility poles that

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are not pictured here.

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One of them carries all the Verizon Fios signals to everybody in the area.

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And also there are several trees on the street that just this year alone have been hit.

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um just from the increased traffic and well we objected parking i don't know well that isn't

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that site being has been or is being used for parking now i've been here five years uh the

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first year there was a lady who parked there maybe once every couple days that was it and we have

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quite a few kids on the street.

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So I don't really want people

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backing out of that space.

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And not to be argumentative, but there

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are some other garages, front-loaded

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garages on that block, correct?

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There are. They are not near any of the

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utility poles.

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The utility pole issue may or may not

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have to be moved. I mean, that's something they

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have to work out with people.

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Or

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relocated, I should say.

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That'll be determined by the streets department

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as it relates to the radius of the ingress and egress.

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If I may chime in, the streets department did review these plans.

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Our architect is on here, and he can attest to that.

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And I believe they did review the utility pole on the turn radius,

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and they were fine with it.

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Okay.

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We have an eight-year-old son, and he uses our back area to play.

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Understood.

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Understood.

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thank you that's our objective anyone else would like to testify in this case please raise your

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hand that's all chair you can proceed thank you planning commission

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good afternoon board this property is indicated for multi-family residential use in the comprehensive

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plan the proposal is largely consistent with the plan and adjacent properties accordingly

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we have no objection to the grants. Mr. Clinton not to belabor the point but is there a way in

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which we could your client would agree to put maybe there's you know there's ever see those

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mirrors at the entrance of a garage that shows if anyone is approaching from either side of the

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property? Yes Mr. Chairman. Something you can consider? Yes my client will consider that and

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install a mirror yeah i think it's a safety not only for the residents but for also whoever lives

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in that property to make sure they're not coming out onto the street with people walking and or

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cars coming but maybe it may be a mirror on this pole right here wherever it has to be but normally

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you know what i'm talking about a lot of garages have mirrors on either side of the entrance

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so when you look at the mirror you can see if someone is approaching

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Yes, that's a good idea, Mr. Chairman.

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All right, so do that, please. And having said that, MI 2020-001536.

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having said that mi2020-0015361322 rodman street my vote is yes

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my vote is yes my vote is yes my vote is yes that concludes the 3 30 session

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uh want to take a few minute break folks or not okay i need about 10 12 minutes okay

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Make it 15. We'll see you back here a little bit past 545.

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Good evening, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our board secretary, Mr. Confessor Plaza,

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and board members, Mr. Thomas Holloman and Mr. James Snell.

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Our board administrator, Ms. Tanya Sunkett, and our board attorney, Ms. Sharon Saleta, are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some

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of the basics of what you can expect. First, we will be administering oaths to individual

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participants prior to their testimony. Second, for the benefit of anyone participating by phone,

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we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone that this proceeding is being recorded

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and that by participating you acknowledge your agreement to be recorded.

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Fourth, for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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I'll repeat.

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For anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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finally 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'll repeat to enter an appearance statement call

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Google 267-270-5548 and leave your email address and the address of the property at issue.

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With that being said, before we call the first case, we'd like to ask if anyone

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is requesting a continuance or withdrawal of an appeal listed for this afternoon's hearing.

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If so, please raise your hand.

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Chair, there are two cases that should be read in as continued, 19th Street and Mannheim Street.

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I'm sorry, I walked away from my desk for a minute and don't have it.

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Number three, 1924, 19th.

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That's correct.

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So MI 2020-000298, 1924 South 19th Street is continued, and MI 2020-000743-219 Mannheim

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Street is also being continued.

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Thank you.

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I just wanted to confirm, Sharon, that was from the attorney or applicant?

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Yes, it was from Vern Anastasia.

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Okay, very good.

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i didn't have that thank you gotcha thank you as anyone uh objects to those continuance or is there

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anyone else who would like to request a continuance or withdrawal please raise your hand at this time

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uh chair if i could i do have a request for continuance for number six on your list

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but if i could request of you that this be must be heard because this application was um

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from May the 8th, 2019.

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Okay, all right.

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MI 2020-000645,

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549 East Luray, L-U-R-A-Y Street

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is continued till we have a date.

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No, I don't have a date.

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it's just um just say continue must be heard okay correct all right continued and must be heard

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any other requests uh now we have sloan well now we have sloan folks good good evening mr folks

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you're still from earlier please identify yourself for the record good evening first i want to

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apologize miss sunkett i raised my hand and lowered my hand from one issue i was going to

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bring up on ancillary no worries my name is sloan folks uh spelling s-l-o-a-n-e f-s in fire

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o-l-k-s the office of councilwoman maria quinones sanchez room 508 city hall

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the office of councilman maria quinones sanchez room 508 city hall i am requesting a continuance

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for uh meeting number m i two zero two zero zero zero zero zero two two one three five one zero

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k street uh the applicant has not met with the rcl okay thank you any objection to this case

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being continued if so please raise your hand excuse me the attorney is sean ward and he did

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submit exhibits all right mr ward has been unmuted so he can be sworn in good afternoon

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mr ward please identify yourself for the record and i'll swear you in sean ward attorney for the

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applicant, S-H-A-W-N-W-A-R-D, 331 East Street Road, Trevos, PA-19053.

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

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Of course I do, Mr. Chairman.

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Thank you.

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There was a virtual meeting held with Harrogate Civic Association, and I do have a copy of

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their letter.

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Mr. Folks, was your request for the continuous based on what you believed was not, the applicant

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did not have a meeting with the RCO? That is correct, Chairman. We have not, we reached out

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to Harrogate and they had not responded to us. So that if there is a letter and it has been heard,

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we do not want to hold up the meeting. Thank you. Sharon, do we have that letter?

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um i don't is it in your exhibit packet mr ward i can look for it if it is

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it did not make it in my packet but i know that ryan keller did in fact send it to the board

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because i was copied on it i do have it available and sharon if need be i can email that to you

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right now why don't you do that because your case was going to be about two cases away and

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we'll address it at that time yeah there might be a new president by the time i'm hurt

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well i'm not going to be political but i hope it's not the current one uh okay let's uh let's

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move on any other requests for continuances or withdrawals

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chair i have a france pierre from the council person's office who's ready to be sworn in

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Thank you, Mr. Pierre. Good evening. Please identify yourself with the records by your name.

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Good evening, Mr. Chairman and fellow board members. My name is Franz Pierre Jr., Councilmember Johnson's office. That's F-R-A-N-T-Z. Last name Pierre, that's P-I-E-R-R-E.

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Thank you. Do you swear and affirm to tell the truth? I hope you've nothing but the truth.

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I sure do.

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Please proceed.

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yes i was having some technical difficulties earlier and i didn't hear if 1924 south 19th

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street if that was continued or not it is at the request of the of the attorney

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wonderful wonderful well that uh concludes my business everyone have a good evening and uh

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i won't we lost you at the last minute but thank you and stay safe any other requests

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no chair ready to proceed thank you uh mi2020-0006501001 north 46th street

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Anyone here for 1-0-0-1 North 46th Street?

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Yes, Chair, I promoted Donnell Ebron.

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Yes, I'm here.

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Good evening, sir.

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Please identify yourself with the record.

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