civus
Hearing video

ZBA Hearing - August 25, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 25, 20203h 40m

number, calendar MI-2020-000489-5655 Carpenter Street. My vote is no.

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My vote is no. My vote is no. My vote is no. My vote is no. My vote is no. Thank you.

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Thank you.

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Calendar number MI-2020-000-776-1633 North Bailey Street and MI-2020-001597-1635 North Bailey Street.

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Alan Nockmson, that's you again.

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if i can interrupt for one minute this is sharon saletta since the summaries were prepared we

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have received letters of support from the rco on both properties before we begin i know we

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discussed this a few minutes ago about 2262 north 2nd street do we have to put anything

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else on the record? Has it understood what we're doing? No, it's going to be heard today and the

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record will remain open. There will be a limited hearing after the RCO meeting. That's why I'm

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asking. Shouldn't we be hearing that one before we go to number five? Oh yes, your call. Let's go to

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number four, Carol. Okay. MI-2020-000771-2262 North 2nd Street. Alan, do you agree to waive

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the reading of the refusal and stipulate to its accuracy? Yes, I do. Name an address for the

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record. Alan Ockamson of Ockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA,

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19109. And do you swear to tell the truth and nothing about the truth?

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Yes, I do. That was all done backwards. I apologize.

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No problem. No problem. Okay. You can proceed.

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Okay. All right.

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All right. I am handing, I handed you a packet of exhibits,

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which are displayed on the screen, 2262 North 2nd Street. Just from the outset, I have William

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Archer of B2 Properties as the owner's representative online. He will verify the

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facts of this presentation. This property is owned by B2 Properties. A little background about B2

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Properties. They're one of the largest residential home builders in the city of Philadelphia. On

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average they build over 100 units a year in the city of Philadelphia. The last two years they

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have been recognized by the Philadelphia Inquirer as the as developer of the year,

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so they have a very good reputation in the Philadelphia region for what they do.

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So they have a very good reputation in the Philadelphia region for what they do.

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Their focus is on first-time homeowners.

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So for this project, they're looking to do is a triplex at 2262 North 2nd Street.

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So the first exhibit is the deed to the property.

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It's actually owned by one of their entities, Golden Rule LLC, showing that they own 2262

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North 2nd Street.

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The next exhibit is the Certificate Tax Clearance showing that Golden Rule LLC is compliant with their obligations to the city.

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Exhibit three is the Notice of Refusal.

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Even though it says RSA 5, I do object to that.

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If you look at the zoning map, it does say that it's only CMX 2.

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And our refusal basically has to do with the fact that we really want to swap out one of the commercial unit on the first floor for a residential unit. So we are allowed three units as a right. We're looking to swap out the commercial unit and put it as a residential unit.

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You may remember that earlier this year, I presented 2401 North 2nd Street, which was a 102-unit apartment complex on the 2400 block of North 2nd Street, which is not too far from this property.

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What this community has asked us and many of the developers here is to provide some density to help their commercial corridor on Frankfort Avenue, which is in North Front Street, which is, you know, obviously close by to North 2nd Street.

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And that's what we're doing. That's why the ZBA earlier this year for 2401 North 2nd Street approved a variance under circumstances where there were CMX2 components where we asked for no commercial units in the property. And this would be similarly situated.

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so this is our application for appeal and here is our zoning map again even though you can see that

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you know north second street is all cmx2 you'll see from the pictures that i provided

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that well this is the lot the front lot but you'll see if you look at pictures from the right of the

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property and to the left of the property there's really no commercial components here and what

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we're trying to do is actually build up the residential component which the

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neighborhood has been asking for in the past. Again this is this you know

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quintessential v2 property where that you have like we try to mix well with

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what's there we have a brick facade you know each of the units are on its own

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floor and you can see here that we are scheduled to meet with the Norris Square

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Community Alliance on September 9th, 2020. And we're asking for the board to hold any decision

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until we meet with the community and give you an update as to what the results of that community

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meeting are. So noted. Do we need to add anything to that, Sharon? No, only that the record will

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remain open and that if any other interested party uh wishes to testify at the limited hearing that

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will be permitted to so we won't be taking testimony from anyone today is that correct

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no um it will only be limited it will be limited to the results of the rco meeting

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Planning Commission. So I'm sorry. Yeah. Planning Commission. Yes.

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So while this property is indicated for commercial mixed use on the city plan,

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given the site context, we have no objection to the granting the variance.

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And I'm afraid I wasn't clear.

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It would be limited to any representative of the RCO, the council person or Mr.

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knockamson so uh is the council is the folks still on

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he's muted

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is there anyone else who wants wishes to testify in this case please raise your

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hand. Oops. No hands are up, Chair. We heard from Mr. Folks earlier. He's already on record

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about the continuance. So we move to the next case, Carol. I'm sorry. I'm sorry, but we do

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I'm sorry but we do still have Leslie Gerstein. Oh sorry about it. Oh before we go um are we

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Do you still have Leslie Gerstein?

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Oh, sorry about it.

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scheduled for September 16th then Mr. Chair to have supplemental evidence submitted?

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I that works for us right Tanya?

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Yes Chair. 16th thank you. Okay thank you.

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shall we move right on to alan because he's here or there somewhere

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okay mi-2020-000776 1633 north bailey street and mi-2020-001597

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1635 North Bailey Street. You're already sworn in. Do you agree to wave the reading of the

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refusal and stipulate to its accuracy? Yes, I do. Name and address. Good afternoon. Allen

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Nockmson, Nockmson, PC, 123 South Broad Street, Suite 1600, Philadelphia PA, 19109. Thank you. You may proceed.

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Okay. And I believe this is also supplemental materials I'm presenting to the board.

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We recently met with the Brewery Town Shortswood Community Civic Association, and I believe this weekend we've received the letters of support.

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So in the original materials, we stated that we were meeting with the group, and now we have submitted the letters of support.

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And this is Sharon Saleta. We did receive those yesterday afternoon.

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Okay. With me also is Ghazi out of seven, who is the owner's representative and he will affirm my testimony at the conclusion of my presentation.

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What you'll see is an exhibit packet, which includes eight exhibits. The first are the deeds of the property showing that United Development LLC is the owner of these properties.

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after that you'll see the you know tax clearance certificates for these properties

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and then you'll see the notice of refusal as you'll see there's there are no dimensional

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refusals for this property the only reason why we're here is that this is an RSA 5 prop both

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of these are RSA properties RSA 5 properties and we're looking to put a three unit condominium

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building as to each. You'll see that we've been here, or I've been in front of the board on many

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occasions over the past year. Not all of them are mine, but 1616-18 North Bailey Street is the

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most appropriate. At the end of last year, we presented a similar project under similar

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circumstances, and the board granted a variance for nine units at that location.

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here's our applications for appeal

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along with the project information form and here's the zoning map even though this is an

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rsa5 property if you walk by this block on north bailey street it's a unique block

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it's it's it has a former industrial history uh there are a lot of like quasi looking warehouses

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on this block. And the ones that don't have any of the warehouses situated on those properties

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are vacant lots. So you'll see that these are our properties. These are our properties. But if you

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look to the left and right of view, again, there are many vacant lots on that block, which would

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show that this is not a residential single-family block. Again, you know, here's our floor plans.

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This is a three-story structure. Each unit is on its own floor. And then most importantly,

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here's our letter of support from the community. We met with the community, gave a detailed

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presentation and they're they were not just non-opposition they were actually

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in support of this project and just showing you know evidence of our

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community meaning so I mean that's our presentation in a nutshell

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thank you you have any witnesses yes mr. out of seven

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is he is he unmuted

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uh can you hear me yes all right mr atas evan you heard everything i stated today

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yes and is it true and correct

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oh okay sorry about that sorry mr chairman my name is uh joel atas evan uh my address is 1519

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My address is 1519 Brick Road, Cherry Hill, New Jersey.

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in the record of Cherry Hill, New Jersey.

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Yes.

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Do I need the testimony?

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Could you have a phone to tell the truth,

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all truth and nothing but the truth?

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Yeah, absolutely I do.

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I'm sorry.

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Could you spell your first and last name for me, please?

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Yes.

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I gave you my middle name.

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I gave you my full name.

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G-A-Z-I.

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My first name.

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And the last name is Ata-7, A-T-A-S-E-V-E-N.

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Okay, thank you.

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No problem.

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Mr. out of the seven, you heard everything I stated today.

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Yes, I did.

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And is it true and correct?

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Yes.

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And would you adopt it as your own testimony?

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Yeah, absolutely.

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Okay.

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Thank you.

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Any questions from the board?

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No.

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No.

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No.

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Anyone else wishes to testify in this matter? If so, please raise your hand.

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no hands at this time chair thank you very much calendar numbers planning commission

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oh planning commission i apologize sorry thank you um 1633 and 1635 north bailey both are indicated

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for residential use on the city plan given the neighborhood contextual pattern we have no

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objection to the granting of variances for both. Thanks Rob. Now let's see MI-2020-000776

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1633 North Bailey and MI-2020-0015971635 North Bailey. My vote is yes to both.

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my vote is yes to both yes to both yes to both yes to both thank you is there

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thank you any unfinished business sharon and or tanya leslie gerstein

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oh that's right i forgot we didn't finish that case yet we didn't even begin it

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I don't know where she is.

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Leslie, you can unmute yourself.

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Okay, Leslie, you're unmuted. Are you promoting a video, or are you just doing audio?

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Leslie, you're unmuted. You can speak.

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Now you muted yourself back, Ms. Gerstein.

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Or if you're having technical difficulties, you can call into Sharon Saleta's cell phone

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and she can put you on so you can be heard by the board.

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Tanya is she responding to you? No I haven't getting anything back. Let's give

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it a couple minutes if not maybe we'll put her on the 330 list. Leslie if you

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are able to hear us my number is 610-357-9687.

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You'll let us know, Chef, and then we'll figure out what we need to do, what we need to do.

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Hello. Hi, Leslie. I'm going to put you on speakerphone.

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Hello. Hi, Leslie, I'm going to put you on.

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That's okay. Here she is. Can you hear me? Yes, Leslie.

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Even if we can hear her, we're not going to be able to see her documents, correct?

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Okay, so Sharon, I put you on mute. Leslie has to mute all her audio on all her devices, and then the audio will only come through your cellular phone.

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Yes.

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Okay, go ahead, Leslie.

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Okay, I apologize. I don't know what's going on, and I am a technological oneite.

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Okay, Leslie, first put your name and address on the record.

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Okay. Leslie Gerstein, G-E-R-S-T-E-I-N, Claire Harrison, 1835 Market Street, 14th Floor, 19103.

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And do you swear or affirm to tell the truth and nothing but the truth?

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I do. Thank you.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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I do. Thank you.

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Okay. You may proceed.

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Thank you. I'm here on behalf of Phil Abundance. I'm sure you're all familiar with the organization.

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In 2018, you granted us a variance to construct a facility on the property on North 10th Street for food distribution warehouse, as well as for the off-site catering and office space.

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At this point, what we would like to do is to, in addition to what is already there, to provide for on-site catering and to have educational food preparation training programs at the facility.

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I don't know what happened, but the original application or request for a permit had that, the job training and counseling services, but between the application and the refusal that got dropped out, we serve millions of meals a year.

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What we're hoping to do is to, in addition to getting rid of food instability, train people in the food service industry.

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We've already had an open house and had members of the community sign up for our courses.

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The building is just about done in terms of construction.

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It is important to our food service training courses that we have onsite services because

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waitering, bartending, meal preparation menus, that's all part of the training initiative.

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um so we are asking that we be allowed to um add that as a use there will be no change in

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um the structure uh we've spoken with the community they've been exceptionally supportive

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um we have ample parking um in that there's one street behind us that is absolutely vacant

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and there are a number of vacant areas, plus we have on-site parking.

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Any income from this service, on-site catering will be sent back into the community program.

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In addition, this will be open to the community as well as to profit and non-profit institutions

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and their different price points, so it will be available to anybody who wants to reserve

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it on a first-come, first-served basis.

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So that's basically what we're looking to do.

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And I have, I believe, Rich Bottega, who is the head of the Community Kitchen, he should

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be online, and he can answer any questions about the specifics of the program that are

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going to be offered there, and anything else you may want to ask.

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If you're on, would you please raise your hand?

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

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Richard, you can unmute yourself and wait to be sworn-

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Richard, are you there?

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Richard?

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He's unmuted.

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He's already unmuted.

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