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Hearing video

ZBA Hearing - December 9, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 9, 20206h 34m

And then we'll come back to Ms. Young.

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Yeah, thank you.

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i'm here if you can hear me yes sir please identify yourself first and last name and your

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address my name is david matthews m-a-t-t-h-e-w-s i'm from 6701 north 11th street

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in philadelphia oklahoma and do you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do and what you live in what proximity to the application

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um i live about half a block away because um it's it takes up that that lot takes up like half of

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the block okay i just want your close proximity by any chance uh i don't know if you saw the

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exhibit with the protesters were you in that group were you in that i was in a couple of them

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okay thank you that's all i need to know thank you mr bonnie mr chairman uh uh this what's on

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on my screen is an overhead aerial photograph.

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The subject proper-

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Paul, you're froze.

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Uh-oh.

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We gotta get you a new computer.

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I think it might be the technology, internet.

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I am still here if anybody, if-

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Yeah, just hang in there, sir.

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Okay.

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We lost your attorney,

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or at least lost contact with your attorney, I should say.

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The zoning attorney's worst nightmare.

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We're not too happy about it either.

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I can imagine. I can imagine.

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Property is down in the middle, the middle center, right where the word Google.

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Paul, we lost you three minutes ago.

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We lost you. There you go again.

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Paul, can you hear me?

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Unmute yourself, Paul, Bonnie.

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Take yourself off of mute.

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Sorry.

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Paul?

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Yeah, you're on.

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Paul?

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Yes, I hear you.

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Okay, we lost you shortly after I asked Mr. Matthews if he was in that group of protesters.

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and then you started to speak and we lost you why don't i just turn it over to him

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yeah okay let's do that all right well um i don't know if anybody else i don't have a

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i have a screen does anybody else see the exhibit yes it's up i'm gonna leave and come back then

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all right well there i am i got it got it back thank you oh okay uh my name is dave

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have david henry matthews i'm the son of alice and henry matthews uh who bought the our property

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at 11th and oak lane uh i think it was 1971 and if you're looking at a picture like i am right now

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it's the brown roof house all the way over to the right and above oak lane so that's our house

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um i'm in strong opposition to this to this uh proposed building uh oak lane is definitely a

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community of single family homes and it's best like that the road is very narrow across that's

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right next to the proposed property um basically uh i'd also like to point out that uh there are

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are there three other single-family homes right across the street from the church

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and where they're proposing the new building?

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It would be just a heartless money grab.

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I mean, it's just a terrible thing.

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I see so many people trying to make us live with it.

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I do appreciate the chance to, after all this time,

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after all this time to get a chance to speak to the people who need to hear from us um please

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to get a chance to speak to the people who need to hear from us.

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understand we treasure our neighborhood we don't want to see it exploited um we've lived in that

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house since 1971 and it's been passed down from my parents to me to my to my my brothers and

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sisters and it's good i'm sure it will be passed down to our next family to our next generation

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too where it's it's our family homestead where we've all stayed when we needed to from time to

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time and for long periods and short periods of time uh in east oak lane we're just regular people

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where i'm i mean i'm an audio engineer i mean meaning like a audio visual technician and i get

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up and work every day you know i prefer to be a guitar player and audio recording engineer but

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you know in another life maybe uh but just to say that all these people that live in east oak lane

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We're not rich. We're just working folks that have chosen a really great place to live, and we all feel very lucky to live there.

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People who want to live in the city and have a place in the city.

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Mr. Matthews, if you can conclude, no disrespect.

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I'm very close. I will conclude by saying that that's a perfect spot.

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That location, 1122, is a perfect spot for a house.

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If you look at the image, you can see that our house, which is about half an acre, is exactly the same shape and almost the same size as that property.

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And if they build a single family home, maybe even two, they would sell instantly and for a good price.

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Mr. Matthews, can you tell us, just I'll ask you one question.

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Are there any parking problems with the congregants of the Refuge Church?

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there are many problems tell us one of them well they park on the sidewalk they park in no parking

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zones all along all of oak lane that you can see on the sidewalk so that cars can pass by when they

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park there they park on my and how do you know it's from that church and not the other church

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well because my my mother was a member when she was alive she was a member of east of oak lane

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Presbyterian Church, and we're tight with that church. That's where I went as a kid. And if

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anything was going on with Oak Lane Presbyterian Church, my mother, when she was alive, or any of

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us would have been able to ask for that to be handled, because we're very good friends with

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the minister. Let me ask it this way. Is the Presbyterian Church a better neighbor than the

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refuge church much better thank you very much mr i know for the questions i appreciate it thank you

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and appreciate it on a lighter on a lighter note maybe you can get your audio visual skills and

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help mr bonnie out thank you mr chair could i just ask a few uh cross-examination questions

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mr matthews yes i'm here you've been there since 1971 correct off and on yes okay um when you

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moved into the into the part your parents moved into the property was the uh the saint mary's

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ukrainian church um occupying the property 1122 oak lane if you're talking about the spot where the

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evangelical refuge baptist churches is that what you mean i'm talking about the vacant lot oh that

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place oh um yes there was that was a president uh what do you call it um ukrainian church so there

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was a Ukrainian church there in 1971, correct? As far as I know, yeah. Were you aware that there

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was a fire at that church in 2013? Yes. And so between 1971 and 2013, this vacant lot was

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occupied by the church, correct? Yes. Okay, that's all I have. My next woman is Yvette Young. Yvette,

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um she she uh signed back on on the phone

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she can do star six so that she can raise her hand we'll know who she is

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and how many other witnesses do you have mr bonnie after miss young

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i have five all together so i have young and then two more

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i have a caller um number ended in 7816 yes that's her hello this is yvette young hi yvette

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thank you um what uh can you please state your name and address for the record

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yes yvette young y v e t t e and my address is 6625 north 12th street which is next door

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And my address is 6625 North 12th Street, which is next door to the subject property.

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Mr. Chair, do you want to give her the yes?

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Ms. Young, 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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Thank you. Please proceed.

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Are you a member of the Oak Lane Community Action Association?

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Yes, I am.

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I show you Exhibit 12, which is your deed, showing you purchased your property in 2014. Is that correct?

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Yes, that is my deed.

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Your house is a single-family house?

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Yes.

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As you heard last time, the pastor said that they used the vacant lot as a parking lot. Is that correct, as far as you know?

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Yes, that is correct.

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I'd like to refer you to the current proposal. Tell us if you're opposed, and if so, why?

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I am opposed to the project. A 40-unit apartment building at this location is improper. Our neighborhood is predominantly single-family homes. Apartment houses are not allowed at this location. It's too dense. There would be too much traffic and too many cars looking for parking.

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I also think that the proposal is too high.

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With the height, there would be many, many windows at a very high height facing the side of my house.

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The project would have an emergency side exit facing my property with a footpath that would run against my property.

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um there's insufficient open space insufficient rear yard insufficient parking keep going

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most of the houses in my neighborhood are three-story homes they have plenty of open space

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they have rear yards they have um the properties have driveways and garages

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Ms. Young and Mr. Bonny, excuse the interruption, and please don't misunderstand.

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I think we've got the picture figuratively and literally.

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I'll jump to you.

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Yeah, because, I mean, it's repetitive, and I don't mean that disrespectful.

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These people have been waiting a long time.

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I think the board understands the very nature of this community as being single-family residential.

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Okay, so I'm going to show you the pictures of the houses on her block.

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very quickly. Thank you. Very quick. The subject property is on the left. Her house is the first

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house there. You can see half of it. I'm going to just take you down the block on her side.

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She would testify that all of these houses are not only single family detached, but that they

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are owner occupied. Is that correct, Ms. Young? Yes or no? Yes, that is correct. Okay, then this

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is the zoning map of her property is in the blue rectangle on the left hand side and as you can see

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the zoning map has this entire area of as rsd3 which is what the subject property is zoned for

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the rsa is also single family that's just attached not detached so those are mostly duplexes um now

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there are the random anomalies, but this is what the zoning map provides. Now I'd like to

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go through the parking situation because the consultant for the developer said that Oak Lane

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was one of the blocks that he was relying upon to handle the parking load from this facility.

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and as you can see on oak lane the subject property has the red dot in it and on oak lane

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on that block the signs from the parking authority for many years have said no parking anytime on

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either side of the 1100 block on the on the block to the right between 11th and lawton there's no

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parking at all on the south side and then in front of mr matthew's house there's no parking

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right on that little stretch on the corner going to the left hand side you have the 1200 block

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on the bottom of the 1200 on the south side of the 1200 block you have the firehouse

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and also some parking lots for some businesses so there's no parking at all in the middle of that

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block and there's only two hour parking on the corner near the library on the north side you

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Can I jump in here? Is this relevant to Mr. Matthews' testimony?

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Because I have some follow-up questions for Mr. Matthews.

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I thought you've... No, this is Ms. Young.

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I'm sorry, Ms. Young. I'm sorry. Ms. Young?

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Yeah, this is still Ms. Young.

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Ms. Young would be testifying that this is, in fact, what the parking signs...

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Ms. Young would be testifying that this is, in fact, what the parking signs say on these blocks,

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so we're still on Ms. Young. Okay, gotcha. And so on the 1200 block of Oak Lane,

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on the north side, in the middle, it's no stopping at all because there's a firehouse across the

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street. And on either ends of that block, it's no parking during school time, which is basically the

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entire daytime, 7 a.m. to 4.30, as is this little stretch on North 12th Street above Oak Lane. So

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really, you know, this is one-third of the area that the consultant said would supply parking

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capacity for this facility. He said, in particular, the 1,200 block of Oak Lane would provide parking

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capacity for this facility. That's really not correct because you can't park there during

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school times or it's only two-hour parking and you know unless you want to have these senior

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citizens uh you know running outside all at all times of the day and weekend to move their cars

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every two hours and when school opens or closes it's just not going to happen um i'll just ask

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you ms young is that do you agree with everything i said absolutely okay furthermore ms young

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would testify that another part of what the consultant was relying upon was the entirety

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of this block of 12th street that she lives on and that they would have senior citizens parking

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all the way at the bottom of 12th street um in the night and inclement weather or whenever

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and i would object to that that's not what that's not what the testimony was it's not what the

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testimony was uh that's all i have on this exhibit but let me um well through while it's up there

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Could I cross-examine Ms. Young on a couple of points?

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Let us just finish.

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I'm almost done with this witness, and then you can have her.

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Well, I was going to do it on this exhibit.

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I can go back to this one.

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I can go back to this one.

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Ms. Young, is this what your street, did you take this picture,

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and is this what your street looks like on any given night?

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Yes.

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And I'm going to show additional pictures.

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That's the subject property.

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This is still your block.

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Yes.

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And again, I'll object to these because we don't have information as to when these pictures

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were taken.

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That's fair.

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Day, day of the week, my engine provided very specific information as to when he was

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out there.

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You can ask her that.

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Can you hear me now?

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Yes.

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What we need is for you gentlemen to stop, try to prevent yourself from talking over

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each other.

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and we are running close to an hour, if not past the hour.

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We're not in it.

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Ms. Young, I'm trying to get through it, Mr. Chairman.

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I'm trying my best to plow through it.

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Ms. Young, you got this email from the police department that said

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at the top and bottom of your blocks on this year alone,

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there was five auto accidents.

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Is that correct?

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That is correct.

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Do you think that this is a safe driving area

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or is it a tricky driving area? It is a very tricky one because coming off of that narrow

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