civus
Hearing video

ZBA Hearing - October 26, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 26, 20224h 56m

Ms. Diaz is coming back in as a panelist.

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Thank you.

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Hi, Ms. Diaz, just state your name for the record, please.

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Hi, yes, my name is Jessica Diaz, D-J-E-S-S-I-C-A, D-I-A-Z.

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Okay, and you've already been sworn, as you remember from this morning, right?

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Yes, sir.

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So this is a request for a non-frotant hearing.

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Yes, sir.

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This is the result of an L&I refusal that was issued on 6-14-22.

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I will note that Leonard Reuter has no objection to this.

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He's the senior attorney for the city.

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And I would, any questions from board members?

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No, Mr. Chairman.

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all right carol no i'm confused this is the two o'clock add-on number one no no we we issued

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another one this is from earlier today this is the non-proton caring this goes back to number five

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on the 9 30 list carol oh okay i have no i have no questions okay jim thank you

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mr chair we can we can um have just miss diaz give a brief uh description of her request and

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then yes just state briefly why you want this continue this uh hearing uh well um we discovered

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i guess the day before my first hearing back in april that there that the initial plans examiner

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made an error in the notice of refusal he only had a change in use as the basis for the refusal

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and did not have the proposed additions and construction that I had included in both my

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preliminary plans my zoning application my community meetings my notice my my near neighbor

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letter that was mailed out and so we saw the continuance back in April so that we can secure

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a corrected notice of refusal historically you go back to the original plans examiner at least

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that's what i was told so that they can correct it however we tried to do that the plan initial

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plans examiner was out on some medical leave or out on leave and then retired

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we secured the corrected notice of refusal by filing a new permit application that's what we

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we were advised to do by L&I and had it merged with the original, my original appeal package.

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But on Monday, Ms. Emerson called me and said that the ZBA could not proceed without a new

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application for appeal to coincide or to reflect or to accompany the corrected notice of refusal.

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we are beyond the 30 days to appeal that corrected notice of refusal so I'm respectfully requesting

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leave to file a late appeal application and I am asking because now this has been over

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a year that I've been trying to get before you so I can present my proposal my proposed project to

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you i'm asking for an expedited hearing within 14 days i already have a i went online i did the

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application um i just have to print out that project information form and i have an appointment

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with um to file in person on thursday at 2 15. perfect thank you very much um am i is there any

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other questions from the board? No, Mr. Chairman. No, Mr. Chairman. So MI 2021-005-162. Mr. Chair,

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there's no MI number for this case because the appeal has not yet been filed, so you could just

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use the address. Okay, so 1007 Brandywine Street. I agree with the request to proceed with the

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don't pro-tompe.

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Carol?

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I agree. Thomas Holloman, I agree. Thank you. James Snow, I also agree.

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I agree.

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Thomas Holliman, I agree.

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Thank you, Jessica. Thank you, sir. Okay. All right, so we're going to go back to our original

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add-on list. Number one is MI 2022 003170 2300 North 18th Street.

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this is a

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resumptive hearing

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and would

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would Alan

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Nockamson please come on please the attorney

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Mr. Nockamson is coming back in as a

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panelist thank you

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good afternoon Mr. Chair

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members of the board

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Could you state your name and spell it for us, please?

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Yes, Alan.

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A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N.

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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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Okay.

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So we're going to have a representative from the 16th Democratic Award present.

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Is there anyone in the audience

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from the 16th Democratic Ward?

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I see no hands at this time, Chair.

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Okay.

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So.

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Mr. Chair, can we ask

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Mary Jones?

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Is she here?

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Yes, she is here.

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If she could just come and maybe identify

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who the representative

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is supposed to be or if for some reason

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they weren't able to attend thank you mary

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ms jones you will have to unmute yourself please um yes mary just state your name and spell for

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the court reporter um yes mary jones uh m-a-r-y-j-o-n-e-s um just representing council president

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derek clark's office do you swear for him to tell the truth the whole truth nothing but the truth

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um yes i do you know you know who the 16th democratic board's going to come come forward

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um i'm not sure i have been in communication with her but i haven't heard from her um so

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at this point you know she they had an opportunity to thank you do it thank you very much you're

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welcome and mr chair can i just give a quick summary of of this matter um yeah sure

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Yes. So again, this is a property on the 2300 North 18th Street, the corner of Dolphin and 18th Streets.

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We're proposing two residential units and one commercial unit.

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The most previous use for this property was two residential units and one commercial unit.

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Previously, this property had a bar on the ground floor, which is more akin to a CMX 2 zone.

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This property is zoned CMX1. If this property was CMX2, which was essentially its previous use,

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this project would be allowed as a right given the lot square footage.

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We agreed to certain provisos at the community meeting, and we would agree to those today as well.

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Commercial trash pickup as one, trash stored in the rear of the property as two,

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uh and they asked us a third proviso which we don't think is appropriate but we would you know

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agree if if that's the case no rooming units in the building given that we're not asking for

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rooming units um we don't think it's appropriate but we would if the board feels so inclined if

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they grant this uh variance request and they want that proviso we have no objection to that

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Thank you.

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MI 2022, 003-170-2300 North 18th Street, I vote yes with Proviso. Commercial trash pickup and trash stored in rear.

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Carol Tenere, my vote is yes with Proviso.

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Thomas Holloman, my vote is yes with Proviso.

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James Snell, my vote is yes with Proviso.

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Thank you, Mr. Nockmson.

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Thank you. Have a great day.

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Let's see here now.

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So, MI 2022, 001-396-5813 East Worcester Street, Vern Anastasio is the attorney. This is a resumptive hearing.

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Mr. Anastasio is coming back in as a panelist.

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So we have a letter of support with provisos from the Coordinating RCO, Faith Community Development Corporation.

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so we have letter of support

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We have a letter from the affected RCO, Concerned Community Association, requesting a maximum of four business offices, along with other provisos.

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And a letter of non-opposition from the affected RCO, Belfair Area Neighbors Association, with provisos.

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including a reduction of four businesses offices. Councilwoman Bass has no opposition

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in granting of the variances with the provisos requested by the coordinating RCO.

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Is there anyone present who wants to give testimony? Anyone in the virtual audience?

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Mr. Chair, this is Hillary. I just wanted to make a quick note. I had originally suggested

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reading the letters into the record, but it appears that representatives from all of the RCOs

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as well as the council office are here to speak, so I think they can just speak their testimony

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into the record. Sure. Great. Chair, we have Sandra Broadus. Excuse me. Okay.

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

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My name is Sandra, S-A-N-D-R-A, Broadus, B-R-O-A-D-U-S. Can you hear me?

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Yes, I can. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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And what RCO are you with?

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A Concerned Community Association.

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Okay. Proceed.

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We actually attended the original hearing and heard the attorney's presentation.

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We did take that information back to community members, and those community members from our organization were at the hearing.

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As stated in our letter, we are very well with the idea that that property become commercial.

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but we would like to note for the record that the property is located in a very, very delicate

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location that balances the LaSalle University, Ogonzari, and Belfield neighbors community.

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And it is felt that the property does not support eight commercial units. The location of the

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exit of the vital community negotiated LaSalle shops that is very busy, has a supermarket,

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a Dunkin Donuts that's used every morning, a Rite Aid that many of the neighbors get their

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prescriptions from. And the exit to that property onto Worcester Street is exactly in front of

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this commercial building. Worcester Street is a vital commercial artery for the entire community

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that impacts the Broughton Olney corridor ultimately, and this community has been before

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this board on numerous occasions for the past 30 years trying to maintain a comfortable balance

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of activity, specifically traffic interruption, because they, on the avenue turns into Chew

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Avenue at Worcester Street, the corner, the next corner is the location of this property,

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the college, elementary school students, and all the communities in the area have to submerge

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onto Worcester Street to get to Alney Avenue that ultimately takes them to I-76 and the

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Broad and Alney corridor. The property is located at Nidro and Worcester, a bus that

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takes most busing commuters from the neighborhood to the Broad and Alney corridor, turns onto

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to that street. There is only parking on one side of the street. And the building just does not

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support eight business units. So we're asking that the applicant reduce the number of units to four.

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There are two commercial spaces on the ground floor. And then we're asking that there be one

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each on the second and third floor.

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We are hoping that the applicant will engage

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four strong units opposed to the model being proposed,

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which is incubator for in and out small business.

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which is an incubator for in-and-out small businesses.

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She says that she has about 32 applicants,

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so there would be no hardship in finding four of them

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that represent a more stable model

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that would not have eight potential businesses

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running in and out of that location.

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And so that is what the community members all felt.

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The building would not support that. We're concerned about deliveries. Eight businesses trying to operate in that location would have mail trucks, FedEx trucks, UPX trucks literally stopping in the middle of this corridor.

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And it would just be an interruption that would be felt all the way to Broad and Alany, certainly to LaSalle and Central students and people coming in and out of that location.

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But this community cannot afford to have that location imbalanced with activity that really is not supported by the location.

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so we're asking for a reduction to four units all right thank you mr anastasio are you available

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yes i'm right here mr chair um could you state your name for the court reporter i don't think

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i swore you sure it's verne v-e-r-n anastasio a-n-a-s-t-a-s-i-o 2016 spruce philadelphia

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one nine one zero three do you swear affirm to tell the truth told truth nothing but the truth

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I do. What if I what if I see who else wants to testify and then you respond when people are done?

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I would prefer that. There are three RCOs that we heard from.

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Is there anyone else in the virtual audience who wants to have comment?

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Yes, Chair, we have Charles Richardson. Good morning. Good afternoon, Mr. Chair.

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Your name, you've already been sworn, sir. Yes, sir. Charles Richardson from the Office of Councilwoman Cindy Bass, room 503 City Hall.

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I will wait until after the two other individuals do speak.

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Just want to let it be known that BANA is not an RCO.

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They are a community organization and, you know, they are not an RCO.

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So just to make that clear.

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Right. Is there anyone else in the virtual audience who wants to testify?

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Yes, Chair. We have Inez Love.

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Okay. Hi, could you state your name and spell for the court reporter, please?

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inez love i n e z l o v e i'm the you swear or firm to tell the truth the whole truth and nothing

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but the truth i do what group are you with we i am with faith community development corporation

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thank you proceed okay the the number of units didn't seem to be problematic for for us the two

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two that are on the first floor are supposed to be working uh they're supposed to have offices

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in there where people might be coming in and out but the three the other two floors that we were

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told that those floors would be for people who just used it as a mail drop what they call a

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virtual yes that's correct we didn't see anything in terms of it being congested area mr anastasia

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told us that the deliveries would be done in the back of the building and the people, there would

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not be traffic coming in and out there. If that is the case, and that's true, then Faith doesn't

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have a problem with the staying as the way it is. Thank you very much for your testimony and

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calling in. Who else in the virtual audience? We have Vanna Civic. Okay.

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and a civic please unmute yourself okay i unmuted hi could you state your name and spell for the

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court reporter please okay my name is deanna cardwell d-e-a-n-n-a cardwell c-a-r-d-w-e-l-l

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do you swear for him to tell the truth the whole truth nothing but the truth

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I do.

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And you're with the community organization BANA Civic, which is not an RCO, right?

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Right.

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We're an RCO before the pandemic.

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Right.

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Good.

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Well, proceed with your testimony, please.

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And so BANA is an organization that has been in this area over 50 years.

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We're not a fly-by-night, so we know the area.

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And we have been in negotiations with LaSalle University.

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They bought up a lot of properties and there is just a lot of saturation right at the corner

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of Worcester and Chu.

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