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Hearing video

ZBA Hearing - March 23, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 23, 20224h 14m

have excuse me let me show you some photos and craft this up this is the petition there's a lot

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of signatures within the area these are a typical look of what it will look like on the interior

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Mr. Bovey was a manager at another tattoo parlor for many, many years.

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He has lots of experience in that industry.

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That's typically what it will look like.

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Here's the property.

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Again, 1529 South Street, very eclectic mix of businesses and restaurants.

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So go ahead.

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Mr. Bovey, can you raise your hand virtually within the Zoom if you know how?

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I did already.

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Oh, there you are, George.

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Mr. Bovee, state your name and spell for the court reporter.

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George Bovee, B-O-B-E.

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Right.

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

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I do.

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Proceed.

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George, did you hear my factual statements to the board today?

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Yes.

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Are they true and accurate, and can you adopt them as your own testimony in this case?

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Yes, I can.

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What are your hours of operation?

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It'll be from 12 to 8.

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and was i correct about you'll have the appropriate commercial uh trash um

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uh hauling yes you are okay and and uh is it true that this use will not be any

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more uh unusual or impactful than a very similar use of the same pipe

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true okay that's all i have mr chairman questions questions from the board

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no mr chairman no mr chairman questions from there are comments from the virtual audience

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here we have ori feybush mr feybush you can unmute yourself and wait for the chair

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hey good afternoon ori feybush with ocf realty we own uh the royal theater mr feybush could you

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state your name and spell for the court reporter? I'm so sorry. First name Ori, O-R-I, last name

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F as in Frank, E-I-B-U-S-H. Right. Do you swear or affirm to tell the truth, the whole truth and

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nothing but the truth? I do. Proceed. I just wanted to affirm our support for this project here. We

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own the Royal Theater directly across the street and we're excited to see new businesses opening

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up on this block here. It's been a long time coming, and we're really excited to see any and

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all activity that can really rejuvenate this block, and so we support it as the immediate neighbor.

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Thank you for calling in, sir. Anyone else in the virtual audience?

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Chair, we have Wade Albert. Mr. Albert, you can unmute yourself and wait for the chair, please.

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Thank you. Could you state your name and spell for the court reporter?

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Sure. My name is Wade, W-A-D-E. Last name is Albert, A-L-B-E-R-T.

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Right. Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Proceed.

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Thank you. So my name is Wade Albert. I'm a counsel for the Center City Residents Association, and I'm with the law firm of Stevens and Lee.

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I just wanted to add that, and I think that I don't think there was any misrepresentations, but the CCRA voted to not oppose subject to a proviso that all biohazard waste generated at the premises subject to this application will be internally stored in approved biohazard waste storage containers and removed by a reputable trash hauler license to remove biohazard waste materials.

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At the presentation, at the RCO meeting, we raised this issue with the applicant, and I understand the applicant would be agreeable to this.

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And our concern was that we just wanted to make sure that there would not be any biohazard waste that might be left unattended, for example, in the streets.

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And so I would just respectfully request that this proviso be included in the license language.

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Thank you very much.

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We have that in our paperwork.

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Thank you, sir.

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Thank you.

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i thought i said that but that's fine i i had anyone else

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planning committee we have no other hands at this time planning commission good afternoon

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chairman david facto f-e-c-t-e-a-u with the city planning commission

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E-C-T-E-A-U with the City Planning Commission.

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You swear for him to tell the truth, the whole truth, and nothing but the truth.

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Yes, sir, I do.

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Proceed.

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Thank you, sir.

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Mr. Chairman, members of the board, the comprehensive plan recommends no change to the commercial

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and residential mixed-use zoning at this location.

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The applicant has shown that the proposed body art services will have no more of an impact

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than personal services would be expected to have here.

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So the City Planning Commission recommends that the board grant this special exception.

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Thank you. MI 2021-005249-1529 South Street. I vote yes with the following proviso.

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Biohazardous waste to be stored internally in approved containers and removed by a hauler license to handle biohazardous waste.

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Carl Tenere, my vote is yes with provisos.

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Thomas Holloman my vote is yes with provisos James Snell yes with provisos

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Mr. Mayor Shaheed yes with proviso thank you Mr. DeMarco thank you have a good have a good one

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number three MI 2021 005320 1643 to 51 North 6th Street South Kensington Community Partners

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letter of support. Councilwoman Maria Keona Sanchez, non-opposition. Rachel Pritzker is the

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attorney. Chair, we have Brandon Saverin coming back in as a panelist now. Thank you. Good afternoon.

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Could you state your name and spell for the court reporter, please? Yes, Brandon Saverin of Pritzker

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Law Group spelled B-R-A-N-D-O-N, S as in Sam, A, B as in Victor, R-A-N. Right. Do you swear

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for him to tell the truth, the whole truth, and nothing but the truth? I do. Could you identify

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your client and the relationship to the property? Sure. My client is Pearl of Ludlow, LLC.

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They are the property owner. Okay. Our vice chair has a few questions.

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Hi, Mr. Saverin. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do, Madam Vice-Chair.

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And it appears that you've sent in all of the required documents timely. Is that correct?

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Yes, it is.

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Okay, you may proceed and you may begin to share your screen.

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Thank you. Allow me one moment as I have a couple presentations today. I want to make sure I pull up the correct packet.

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one moment. Okay, and there we go. So the property is 1643 North 6. This is the most recent

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street view image available from Google from 2019, I believe. And this is a large lot,

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i'll show you the zoning map um that is located on two corners um with sixth cecil b moore and

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randolph streets in the kensington neighborhood um as you saw it's a vacant property he's owned rsa5

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it is 26 769.4 square feet according to the office of property assessment so uh talking about a

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fairly large property. And what we are proposing here, this is one of two pages of the zoning plan

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that I've submitted to the board and to El and I. This is a project that would construct 18 single

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family dwellings, which if you can see my cursor are sort of occupying the eastern two-thirds of

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the site one row of them which would have nine single family dwellings would have front doors

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on cecil b moore avenue the other row of nine single family dwellings would have their front

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door on a yard of about 15 feet i'll show you a rendering of what that would look like actually

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would be a quite pleasant entrance and you'd have in the rear in the middle of those rows of homes

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a 20-foot wide easement area for a driveway drive aisle. That drive aisle would have curb cuts onto

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both Randolph Street and 6th Street to allow access for cars. And there is going to be

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two car parking spaces in each single-family home, along with one Class A bicycle parking space.

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In addition, we have 18 other units, so this would total 36 swelling units when added to the single family homes that would occupy the western, I'll call it quarter or third of the site.

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that would occupy the western i'll call it quarter or third of the site these are going to be arranged

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in triplex stacks so there are essentially these six columns one two three four five six

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of three dwelling units what we can tell you with a fair degree of certainty is that

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my client who will be the developer will likely sell the single family homes and and may retain

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the triplex units. So let's see, this is the same image, it's just colored to show the distinction

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between the single family homes and the triplex units. There is that entrance yard I spoke about

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with regard to the southern oriented single family homes. And I think if I breeze through

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this packet for a second we have a couple renderings um so there is that um southern yard

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i spoke about now uh to be completely transparent a part of this is actually what is a i think an

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adjacent vacant property but some of this is our property and will remain as green space um that

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would be the front door of these homes um this i believe is the randolph side exposure this is

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the corner of 6th and Cecil B. Moore. So this would be those triplex units I mentioned.

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So we have a letter of support from South Kensington Community Partners, who was

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the coordinating RCO on this project. We also have a letter of non-opposition from

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Councilwoman Quinones Sanchez. To speak about why we're here for a moment, the refusals we

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received. And this is, for the record, an amended refusal because we submitted an amended plan.

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The refusals are for having multiple structures, for having more than one housing unit on the

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property, and because the structures have a height of 42 feet, whereas only 38 are permitted.

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Just wanted to walk the board real fast through the hardships we have that led us to draw these

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refusals for the proposal. So essentially, as I mentioned, quite a large property. Go back to the

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map for a second. Diverse mix of zones surrounding the property, but we are the largest RSA5 property

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in about a quarter mile radius. So typically the properties of this size in the area, at least the

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immediate area, are zoned something that allows more productive use of the property. Our designation,

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as you know, allows only one structure with one dwelling unit. So that would have really pushed

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us to subdivide the property, but it's quite deep. And a traditional subdivision pattern would have

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resulted in lots that were approximately 130 feet deep. So we wanted to get two rows of homes in

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here rather than one. And to go back to the site plan, our original plan actually had only single

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family homes, extending the full width of the property. So there were 26 single family homes.

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And when we met with the RCO, their zoning committee in particular, they pushed us to

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diversify the housing mix that we were going to offer. And in case you're skeptical of that,

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I just want to highlight bits of the letter. So it says affordability, neighbors supported the

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provision of some smaller units that will be available at a lower price point than the single

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family homes. Here on the second page, it highlights that this design was settled on

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in consultation with the community and with the planning and zoning committee, taking into account

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feedback gathered over previous meetings. So, you know, that's how we landed on this mix of

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apartment units in the triplex form in single-family homes. Nonetheless, I think this is a fairly

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traditional manner of development that will fit into this neighborhood, and there is a mix in the

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surrounding vicinity of both apartment units, some of which are in retrofitted industrial structures

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and new homes. I am happy to take any questions. I have the architect who made those plans as well

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as a contributing engineer on the call

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and can offer them to answer anything I can.

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Thank you.

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Brandon, we don't need the architect.

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I think you explained it.

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Is the, you're applying here?

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Yes.

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So the two principals are Roy Shemesh and Mayor Badouche.

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And I don't know if, which one of them is on,

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but at least one of them should be on.

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Why don't you have them adopt your testimony?

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Okay.

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Thank you, Mr. Chair.

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Thank you, Mr. Chair.

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Mr. Badouche, you can unmute yourself or wait for the chair, please.

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Mr. Badouche, you can unmute yourself and wait for the chair, please.

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Sir, could you state your name and spell it for the court reporter?

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Yes.

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Meir Badouche, M-E-I-R-B-A-D-U-S-H.

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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 affirm.

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Precise.

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Mayor, were you able to listen to my testimony today?

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I did.

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and was it true and accurate yes it is and would you adopt my testimony as your own

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yes absolutely okay thank you very much questions from the board no mr chairman no mr chairman

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no mr chairman no mr chairman questions or comments from the virtual audience

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there we have someone with the initials sj whoever has the initials sj can you please

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unmute yourself or wait for the chair. Could you state your name and spell it for the court

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reporter, please? Chandra, S-H-O-N-D-R-A, Jackson, J-A-C-K-S-O-N. Do you swear or affirm that tell

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the truth, the whole truth, and nothing but the truth? Yes. Proceed. I'm on here because my

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brother is at work. They reside at 1613 North 6th Street. My parents have been there over 50 years.

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It's very disturbing.

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My mother has gotten hit crossing the street and she just had spinal surgery, so she can't be on here.

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Okay.

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But I'm concerned because 6th Street, some years ago when I was a child, we fought the 95 and the Vine Street Expressway didn't run through there.

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How can that design that the architect put up have more traffic coming through there?

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when it's a septibus that turns at that corner already have a problem you have a lot of home

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owners on this block that's having a situation already he's not saying it's a church right next

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door to there so it's already a parking issue it's all my parents own two properties on that block

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so it's very disturbing when you're talking about this would be a good place right now they already

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have structures going up so fast that it's upsetting to the senior citizens that feel

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like they're being put in jail. As of right now, my parents can't park in front of their door

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because one of the new structures that was done over messed up the pipelines. So my mother who

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just had surgery, who can't even park in front of her door because they having to dig up in front

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of their house due to the half going on with the zoning and them telling y'all one thing when it's

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a whole nother thing for this to go through it'll be a terrible situation for the homeowners on that

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block that's really sick right now we have several people on that block with cancer several people on

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that block that don't because that land has toxic waste on it i know a three-year-old that died

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from playing in that same part

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where they're talking about buildings.

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So what are you going to put in the air?

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Asbestos?

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So, Ms. Jackson, we appreciate your call

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and thank you.

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Yes.

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Any other comments from the virtual audience?

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Chair, we have Michael Jacoby.

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Mr. Jacoby, you can unmute yourself

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and wait for the chair.

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Hello?

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