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Hearing video

ZBA Hearing - October 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20205h 56m

it's henry clinton uh queen memorial building 1313 south 33rd street

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wpa 19146

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mr clinton you agree to wait the reading of its refusal and stipulate to attack

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accuracy? I don't. Also, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal or referral,

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folders and plans five days prior to this hearing? Yes, I have. Also, have you met with the RCO and

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have a letter? Yes, I do, Mr. Plaza. Thank you. Please proceed. Thank you.

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Ms. Sunkit, can I share my screen?

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yes you may thank you

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can my screen be viewed yes you want me to make it bigger that's perfect thank you

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This is 530-532 Reed Street. With me on the line are my clients, Tiago and Ray Alamare, in the event that they testify. Table of Contents, Exhibits AA through A10.

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appearance statement, refusal. This refusal concerns a, if you look at the bottom here,

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it really gives you a hint on the use of the property. Since 1943, it's been used as two

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garages. It was a soda water plant, now known as strictly soda. It's also retail sales for used

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cars back in 77. And since 1989, the zoning appears it was a warehouse for storage of

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bedding materials. More recently, it's being used by my client to store materials. And prior to that,

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it was used by a woodworker who, if the adjacent neighbor is on the call, will tell you that the

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fumes were obnoxious and work went on at all times of day and night. So the refusals concern

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the fact that there are two garages on site, which we're going to use and incorporate into

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two single-family homes and the other issue concerns a lot size this is a non-conforming use

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the existing garage when i show you the aerial photographs occupies right now 100

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the existing garage when i show you the aerial photographs occupies right now 100 of the lot

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and our proposal is to have 15 open space which when you see again some of the aerial photographs

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you'll see is larger than most lots on the 500 block of reed street we received a letter from

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dickinson square west and the bold part is the significant part they opposed the project because

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it had rear decks on the back of the property which we have now eliminated and they also object

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to the lack of escape route in the event of a fire from the rear yard and again i'll show you

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aerial photographs that show there there's no alley at the back of this property for any of the

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properties to get out of the rear of their property and plus this is going to be new

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construction and we'll have sprinklers. So I believe that we've satisfied the concerns of

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the RCO. Also, Carl from Avera represents the adjacent neighbor, Ms. Carol McCabe. Again,

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she may be on the call. And Carl and I have had a number of discussions, and I sent him a letter

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indicating the changes that we're making to the plans. Originally, we requested two cars be in

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the front load of garages. We've moved one car. There'll be now one car parking. All the decks

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on the rear of the property will be removed. Also, each garage is going to have a one-hour fire rated

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and combination carbon monoxide and smoke detectors. And then more importantly, exhaust

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vents that vent directly to the roof. We also will have sound retarders on the walls adjacent

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to both properties to cut down on noise, additional insured. Ms. McKay will be listed

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as additional insured on my client's policy, or hours of operation we've listed. And the other

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thing about this project is there will be no basements, and so there will be no underpinning.

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We also gave Carl the contact information, and he did not get a chance to sign this agreement,

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but here's an exchange of emails between Carl and I and the important part is at the bottom

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he asked me to revise the letter to put a signature line for him he'll camera sign it

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and if he can't get it to me he said present it to the board and he'll sign it when he when his

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secretary comes in on Thursday which is tomorrow so that's an indication that we are in full

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agreement and as officer of the court I also represent that here are photographs just give

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an idea of the density of the block, which the chairman is well aware of. This is the site,

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the project. It's a double garage right now, single story, occupying 100% of the lot. This

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is Mrs. McCabe's house right here, three-story property. I took photographs myself from the roof

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looking down at the end of the garage. This is the end of the garage. This is the neighbor that's

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on that would be Garrett Street and you can see there's no alley. This is a shot from the roof

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with Mrs. McCabe's house there and then there's a picture looking east. Mrs. McCabe's house is here

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and you can see all the other yards. There is no alley and no means of egress on the back side

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of the property. We do have revised plans since we eliminated those decks on the rear

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and we got rid of the two-car parking.

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Here are the revised plans just showing the elevations

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with the garage fronts.

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We put the door to the property on the left of the garage

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so Ms. McKay was concerned about the turning radius,

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which is now ample.

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And actually, Mr. Chairman, these are the original plans

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which showed two cars, and it also showed the rear decks.

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So we're getting ready to that. And this is the revised plan showing one car parking and there are no rear decks on the property.

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Floor plan, pretty straightforward. Slab on grade.

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Excuse me, start the wrong end. Start slab on grade with a garage and office on the first floor and the rear yard.

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Living, dining, kitchen on the first, two bedrooms, a master and a rooftop deck.

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following up with the deed indicating ownership tax certification our appeal

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the zoning map again the zoning map you know shows it's an rsa5 a double wide lot

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here's a letter of notification to the community group proof that we've mailed out 192

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notifications to the adjoining neighbors. So just in conclusion, this is a long-time garage which is

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going to be eliminated. There will be no commercial work done on this block, at least in that location

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anymore. My client intends to build two single-family homes, one at 530, one at 532.

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My client intends to build two single-family homes, one at 530, one at 532.

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We're eliminating the rear decks and providing soundproofing and ventilation for the garage.

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I believe this is in harmony with the code and in harmony with the neighbors and with the block.

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And I'm wondering if I can get my client to adopt my testimony, Mr. Chairman.

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Please do.

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Tiago, are you on the line?

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Ms. Sunke, can you unmute

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Tiago

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and or Ray Amari

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Yes

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Tiago, yes I am

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Tiago, did

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you hear my testimony

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I did

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and if you had the opportunity to testify, would you adopt

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my testimony as your own and as true

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and correct

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Yes

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Thank you

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Thank you.

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Questions from the board?

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No.

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Anyone would like to testify in this case, please raise your hand.

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Chair?

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Yes, ma'am.

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We have Mason Austin.

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Mason, you can unmute yourself and wait to be sworn in.

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Hello. Good afternoon, sir. Good afternoon. Please identify yourself with a record. Sure.

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Mason Austin. I live at 1309 South Fairhill Street, and I'm here in my capacity as a neighbor,

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not in my professional capacity. 1309? South Fairhill Street. Oh, Fairhill. I'm sorry. Thank

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you. Okay. So just get the dead end right at the garage. Pardon me? So just the block that

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dead ends right at the garage yeah i'm familiar with that yeah uh the the owners are very lucky

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i i made a bid on that the day after they bought it so late um anyway uh anyone else would like

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to testify on this case please raise your hand well we have others but can we swear mason in

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oh i'm sorry mr mason yes you swear to firm to tell the truth the whole truth nothing but the

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truth? Yes, I do. Thank you. Do you have any comments? Yes, I do. So, well, you know,

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it was great to have Yanni there as a neighbor to borrow tools. We have no objection to the

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overall use of two, for two residential units. By we, I mean, me and several neighbors on the

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block. The consensus among people that I've spoken to, though, is that they do object

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to the garages. The intersection is really fast and blind and dangerous, so we're concerned about

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that. Also, as you know, the parking is at a premium, and whereas there is currently a curb

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cut, because Yanni's shop occupied the full square footage for all but a few months, there was never

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any uh use of the doors for the actual for actual cars um so returning that to a public uh parking

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spot as opposed to a private one i think would be a big great benefit to the community um that's it

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um if i click here i just wanted to make sure that um he was just speaking on behalf of himself

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yes i am thank you thank you

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We have Nicole.

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Nicole, you can unmute yourself and wait to be sworn in.

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Thank you.

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Good afternoon, ma'am.

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Please identify yourself with the record name and address by your name.

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My name is Nicole Hostetler, H-O-S-T-E-T-T-L-E-R, and I reside at 1303 South Ferris Street, three doors away from Mason Austin.

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

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Yes.

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I just have a few quick points would it be possible I submitted an exhibit it's just one

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page would it be possible to share that on the screen you said you already submitted the exhibit

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I did it was an attachment in the email that I had sent okay I'll promote you to a panelist

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Thank you. Just give me one moment, please.

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Would it be possible if Mr. Clinton removed his so that I could share mine?

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Ms. Sunkin, do you want me to stop sharing?

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Yes, I stopped.

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Yes, please.

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Thank you. Just give me one moment, please.

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Thank you.

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Just give me one moment, please.

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So I just want to voice some of the same concerns that Mason had very briefly.

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I have no objections to the use or the dimensional variances. I'm actually very pleased to see it

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better mix in with the existing residences on both sides. I do have a very grave concern about

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the safety of this intersection. The previous uses or use with Yanni rarely utilized the garage

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for various purposes but rarely used it going in and out with his vehicle. He had always parked

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in the driveway apron and it seems if it becomes residential that will become worse.

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um we i as one of them were so concerned that i'm not sure if you can see it but directly

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under the one-way sign we installed a mirror with our own time and money because it's really

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difficult when you're exiting fairhill street making a right turn um for oncoming traffic

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both as a driver and a cyclist so uh photo two is a near miss that i caught and photo three

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is your sight lines that you can see so we're I am very concerned about this and I ask that

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some sort of compromise be made that the garages be removed and the drive the driveways be removed

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and returned back to a curb cut similar to all the other uses on that block but that the use

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is excellent and I'm pleased to see it happen thank you thank you the only comment I'll make

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is I know in recent years that garage may not have been used as a as a garage in the sense that

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vehicles were parked in there but for as long as I can remember that up until again recent years it

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was it was a beer distributor at one time it had many uses that those garages were used for truck

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parking, car parking, etc. Normally I would not be willing to want to break up a block like that but

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that garage has been there for as long as I can remember and I'm old. So anyway and again Nicole

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just to let you know the northeast corner in your photograph too if you haven't already contacted

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the Councilman Squilla's office you may want to talk to them about getting a sign installed that

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would allow for cars not to park that close to the intersection of Franklin Street. They should

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be able to have some signage that will create more of an open area and not a blind spot.

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Having said that, are there any other comments? We have Jessica. Jessica, you could meet yourself

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and wait to be sworn in. I would ask respectfully for all those who still want to speak on this

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issue to please give us something new and different. We'd appreciate that. Jessica,

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could please give us your full name and address? So it's Jessica Heckman, H-E-C-K-M-A-N, and then

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1313 South Fairhill Street. Do you swear in the firm to tell the truth, the whole truth, nothing

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about the truth? I do. Thank you. Please proceed. So you asked for something new. There's not

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something new. I'm just here to join with Nicole and Mason's previously stated testimony around the

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safety of that intersection. So, I agree with the overall proposal of what to put in there.

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Just as a regular commuter in the city and somebody who resides on Fairhill, very concerned

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about the safety of that intersection because, as Nicole mentioned, we've already gone through

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ways to improve that intersection. However, it continues to be very dangerous for us as

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motorists but also for cyclists going in either direction and I have huge concerns about the

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addition of vehicles going in reverse in that space and I see the benefit of adding in a curb

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cut there and my husband's here and he agrees as well as one of the residents of 1313 South Fair

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health if you need him. Thank you. Thank you. We also have Mary Ann. Mary Ann, please wait to be

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torn in. Good afternoon, ma'am. Please identify yourself with the records by your full name

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and provide us with your address. Mary Ann Leach, L-E-I-T-C-H, 526 Reed Street.

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please proceed i i object to the garages being used in that way that we have a lot of pedestrians

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we have a lot of traffic coming up here very quickly it's going to be dangerous the other

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issue is uh it was shown in the rear that we don't have i have an easement i'm at 526

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we don't have, I have an easement. I'm at 526. Behind me has an easement. We go out to Garrett

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6.

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Street. Ms. McCabe and this garage do not have any access to get to the front if need be. And I

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believe that an alley next to this house would provide a front access. Rather, it is so crammed

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in back there it's ridiculous now i know they can't go i'm sorry you live at 526 yes and i

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have an easement you have an hour yes mr clinton stated there is no access excuse me please excuse

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me you have an hour correct i'm sorry there's an alley yes an easement does 528 have an easement

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no neither does the garages okay i know we know about the garage 528

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they don't have any you know a 534 has an easement

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uh no okay thank you okay please proceed

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uh that would be it i i would request that uh there'd be an opening

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next to Pam's house she has a hundred year old Flemish brick design which is a beautiful building

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to be covered up like that you know when you can have an easement or not an easement because that

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would be a joint thing an alley for this new property to help prevent further cram in back

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there it's ridiculous it's so close and that's it that's all I have to say thank you very much

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Thank you. Anyone else?

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No one, Chair.

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Thank you. Planning Commission?

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Good afternoon, Chairman, members of the Board.

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Ian Litwin, Planning Commission staff.

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