civus
Hearing video

ZBA Hearing - November 1, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 1, 20234h 52m

And my understanding is the council member took a position against it, too.

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That I was only informed of that chair upon you stating so, but I imagine opposition from council members.

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Yeah. Given I had not received that letter.

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Right. Why don't you bring your client?

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Right. Why don't you bring your client?

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Thank you. Ms. Dicci, could you raise your hand, please?

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Thank you. Mr. Ditchie, could you raise your hand, please?

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Gabrielle Dicci has been unmuted and allowed to speak.

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Good morning. Could you state your name, please, and spell for the course stenographer?

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Gabrielle?

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Ms. Dietschy, please unmute yourself.

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Ms. Benton, just to confirm, it's star nine to unmute from a phone.

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Is that correct?

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Yes.

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She appears to be unmuted.

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Good morning.

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Gabrielle?

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okay um

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counsel you're an officer of the court we will accept your testimony um

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questions or comments from the board no mr chairman

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no mr chairman questions or comments from our attorney hillary emerson

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not at this time mr chair um questions or comments from the virtual audience

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chair we have david rosenblatt they have been unmuted and allowed to speak

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good morning sir could you state your name please and spell for the court sonographer

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david rosenblatt d-a-v-i-d r-o-s-c-n-d-l-a-t-t do you swear or affirm to tell the truth the

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whole truth and nothing but the truth. Yes, I do. Are you a neighbor? Yes, I am. I live at 115

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Ellsworth Street. Okay, please proceed, sir. Okay, first of all, I'd like to say that I'm already

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burdened by the properties across the street because there's something with them that's

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never been corrected, which is that the setback was never observed. So they already loom higher

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than they should be and i'm pretty much uh in darkness six months out of the year because of

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the properties so they're already in a private nuisance but that's just the side but moving

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yeah concentrating on concentrating on that yes sir listen one minute what i want you to do is

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to concentrate on the request for visitor accommodation i'm saying yes i'm saying yes

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I just want to throw that in. So there are measures that they say they're going to take to preclude any nuisance.

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It's very hard to stop a party. You know, if that's going to happen, we're already overburdened with parking around here because a lot of the places, even though they have garages, they own multiple cars.

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So it's it's you know, it's going to be a private nuisance to me and to my neighbors.

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And I walked around and I gave out notices because the zoning notice, it was shown on the door.

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It was moved and it was put sideways in the alcove.

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So it was very hard to see. So it wasn't conspicuous.

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So not a lot of neighbors even knew about it besides the meeting.

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That's an issue.

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And his list that the lawyer showed where you pointed out that it was the same person signing these letters of recommendation.

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I assure you that given time, I could provide significantly more signatures of people that do not want this thing.

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And people that I've talked to going door to door do not want this thing.

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And you already know that City Council and the Neighborhood Association are against it.

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Okay.

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Thank you.

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Thank you for taking the time to call us in.

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We appreciate your input.

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Is there anyone else in the virtual audience who would like to talk?

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Chair, we have a caller with the phone number ending at 3540.

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Okay.

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Caller, please unmute yourself and wait for the chair.

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Good morning.

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

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Okay.

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hello follow with the phone number ending in three five four zero please unmute yourself

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okay is there anyone else in the virtual audience are you able to hear me this is

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Gabrielle Dicci.

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Oh, we hear you now.

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Oh, we hear you now.

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Okay, thank you.

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Okay, thank you.

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Do me a favor.

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Do me a favor.

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

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Could you state your name, please?

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Yes.

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Gabrielle, G-A-B-R-I-E-L-L-E.

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Last name is Ditchie, D-I-T-C-H-E-Y.

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Right.

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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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Counsel, do you want to have your testimony adopted?

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If I may just, prior to that, add one thing in response to the original neighbor's statements.

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Yeah.

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Chair, this issue of parties, while it's been in the news and has created issues at some Airbnbs, I would just like to point out that it is in no way as a result of Airbnbs.

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Any tenant or any owner of a property could host parties.

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And in fact, if it's the same long term resident, they can do so over and over again with, you know, without any repercussions.

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And in the case of an Airbnb, if you do have somebody having a party, that person will never do that party again because they won't be renting it again.

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So I would just like to kind of address this issue.

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And I understand it's been in the news and some very unfortunate situations have come out of this.

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but we've also had some very unfortunate situations occur at parties that were not at

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Airbnb. So I think it's just getting a little bit lost in the news, basically. So thank you.

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But at this time, Ms. Neach, have you heard my testimony here today?

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Yes, I have.

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And would you adopt it as your own?

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I do.

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And is there anything you'd like to add for the board to consider?

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no i certainly appreciate the time and you know i think the the biggest thing is you know ensuring

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that i am a respectful you know neighbor um and i would take you know all protocols you know very

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seriously to me it's a responsibility whether you're renting or you know using short-term rental

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um you know and to me you know that property is an investment of my hard work and i do not want

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parties or nuisances happening in that property and impacting my neighbors. So again, I appreciate

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the time and certainly respect any decision made. And Ms. Dicci, would you accept a possible

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proviso of this being just a temporary granted variance? I would, yes. Okay. Thank you very

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much, Ms. Dicci. Thank you. Other questions or comments from the virtual audience?

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chair we have a jim moylan mr moylan please unmute yourself and wait for the chair

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good morning mr moylan could you state your name please and spell for the court stenographer

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yes it's jim moylan m-o-y-l-a-n right do you swear or affirm to tell the truth the whole truth

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nothing but the truth? I don't. Are you a neighbor? Yes. Okay, please proceed, sir. So two levels. I'm

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a near neighbor. I live on the 100 block of Federal, so directly opposite of where this is

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being proposed. I'm also a member of the Pennsport Civic Association. I disagree somewhat with Mr.

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Sokoloff's contention that it was poorly attended. The people that were in attendance were near

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neighbors who would be directly affected by this variance request. And they had significant

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concerns and direct interest into the effectiveness of what would occur here in relation to their

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own homes. Also, as stated in our letter, and as the board is very familiar, when a variance is

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requested, there generally needs to be some notable hardship designated here. And we don't

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perceive that one has been justified in this case as an investment property that possibly has gone

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not the route that the owner had intended and is now trying to find a way to alter the use of the

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property, but not necessarily in alignment with the existing neighborhood. Mr. Sokoloff, do you

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you have any questions? I don't at this time. Okay. Thank you. Thank you, Mr. Moylan. Is there

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anyone else in the virtual audience? Chair, we have Joan Duckenfield. They have been unmuted

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and allowed to speak. Good morning. Could you state your name, please, and spell for the court

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stenographer? Yes. My name is Joan Duckenfield. That's D-U-C-K-E-N-F-I-E-L-D. Right. Do you

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where firm to tell the truth the whole truth nothing but the truth i do are you a neighbor

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yes i am and matter of fact the back of my house you know face is i am on federal street one two

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three federal and the back of my house you know butts up against that row of houses on ellsworth

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which went well so i mean these are um these are

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which went well so i mean these are um these are high they're like four-story town homes

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I don't know.

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and it's kind of it forms like a canyon between the back of the ellsworth and the back of the

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federal street homes and when somebody does have a party which you know we we expect uh residents

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to do that we all do but it's not a consistent thing but when that does happen it's like a sound

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canyon it's pretty loud in the back of our homes so that that's you know a really concern for me

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um and this house um i understand with state it was not conducive to being a party house because

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of all the technology and all which requires you know somebody to stay on top of it um but it has

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a patio it has a um a balcony and it does have a roof deck so you know there's a lot of opportunity

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for outside parties, which, you know, again, we're not, you know, it's a very quiet neighborhood.

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We enjoy this neighborhood. It's a resident. I know it was mentioned that it's a commercial

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mixed use, but it really is a residential neighborhood, even zoned that way, as I understand

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it. Anyway, that is, and I do want to also say that I was at that meeting at Pennsport,

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And there are quite a few of us there, at least nine or 10 people, at least, that I can count, that were concerned about this. So, yeah, I agree with David that if we wanted to get signatures, there'd be quite a few in addition to the Pennsport Civic letter. Thank you very much.

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Mr. Sokoloff, do you have any questions?

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Yeah, Ms. Duchenfeld, I appreciate you calling in and thank you for your comments. I just have one question for you. The parties that have occurred in the neighborhood, have those been at Airbnbs or at long-term renters' houses? Do you know by any chance?

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um long-term renters okay and my point was mr sokoloff is that you know um you you know we

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just don't want to add to that now a long-term renter or a resident i don't believe would have

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a party every week or every two weeks or even every month that's not been our experience but

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it could happen in a term in terms of a short-term rental is is my concern thank you thank you

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Is there anyone else in the virtual audience?

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Yes, Chair.

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We have Alicia McDonald.

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I will allow her to speak.

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Good morning.

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

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Good morning.

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Hello, can you hear me?

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Hello.

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Yes, I can.

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

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Alicia, A-L-I-C-I-A, McDonnell, M-C, capital D-O-N-A-L-D.

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All right.

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

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Yes.

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Are you a neighbor?

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I am a neighbor.

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I'm on Federal Street directly behind the applicant, and I'm a concerned neighbor.

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Oh, hold up.

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Hold up a minute.

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Are you for or against the project?

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I am against the project.

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And could you, could you tell us if there's anything that you would want to say that hasn't been said already?

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Basically just being a concerned neighbor who's directly behind.

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I'm sorry.

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No, no, no.

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Okay.

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Excuse me, Chair.

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I'm sorry to interrupt, but she wasn't sworn in.

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Okay.

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I'm sorry.

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

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Yes.

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Okay.

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Please proceed.

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Tell us, tell why you're against it.

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Okay, yes. Yes. Oh, I also attend the Civic Association meeting that we had. So I thought

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it was well attended, especially for the people who are being directly affected by this. I do

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oppose this changing of the zoning, being that, you know, for me, I also bought this townhome

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recently. And to me, this is my home, as well as my investment, but more of my home. I'm here

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all the time, full time. And I am concerned that if it's changed and become an Airbnb,

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that it will disrupt the fabric of the neighborhood and particularly a person who is

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directly who lives behind it and having different people who can pretty much stare into my kitchen,

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stare into my living room for me is more also of a safety concern. So having

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different individuals coming in at, you know, whatever time is a security or a safety concern

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for me. Thank you very much for taking the time. Mr. Sockloff, do you have a question?

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No questions, Chair.

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No questions, Chair. Thank you. Is there anyone else in the virtual audience? Yes, Chair.

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Thank you.

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Is there anyone else in the virtual audience?

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Yes, Chair.

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Patrick Fitzmaurice will be allowed to speak.

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

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Good morning.

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My name is Pat Fitzmaurice, P-A-T-R-I-C-K-F-I-T-Z-M-A-U-R-I-C-E.

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All right.

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

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I do.

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You're the head of the Penn Sports Civic Association.

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Am I right? You are correct, sir. Do you tell us your position on this case?

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Sure. I'm just the president of the RCO. I am not a nearby neighbor.

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