civus
Hearing video

ZBA Hearing - September 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 1, 20205h 27m

with proviso to vote yes on both with provisos yes on both

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thank you thank you

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calendar number 39728205 cooper street unit c1

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Cuthbert, C-U-T-H-B-E-R-T, Cuthbert Street.

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And the attorney is Joseph Consol.

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Joseph Consol.

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Hello, everyone.

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Good morning, sir. Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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And do you agree to wait to read in of its refusal and stipulate to its accuracy?

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I do.

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Thank you. Name an address for the record, please.

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Joseph John Consul, Consul Madison, LLP, 1 West 3rd Street, Suite 204, Media, Pennsylvania, 19063.

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can we can you guys confirm if i shared this properly my packet

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nothing yet we have your zoom up not your actual packet got it now that does it okay good all right

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good morning board joseph consul here for the applicant uh the applicant's company is

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Save the Shade Incorporated but the DBA is V's Barbershop the owners are James

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and Sonya Brenner both of them are available if you have any questions this

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is a property located at 205 to 215 Cuthbert Street unit number C1 it is

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Cuthbert Street, unit number C1. It is accessed off 2nd Street between

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Arch and Cuthbert. We're here seeking permission to

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approve both an existing pair of window signs

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as well as an exterior projecting sign. We have two refusals,

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get down to that, one for the maximum allowed window

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signage and one for the projecting sign size. I'll scroll down to the plans to do.

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All right the what's up now is the window signs and it's noted that these window signs

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are these decals already exist on the windows. I can show you a picture of that right here.

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and the sign that the projecting sign that we're hoping to have approved is

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located right here now the projecting sign extends 30 and almost a quarter

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inch from the wall and is 24 inches from top to bottom the window signs are

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decals over the lower two windows which as you can see in the photos are already

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on the windows the uh condo association itself which is what gives us our 205 cuthbert address

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because this property uh the entrance is actually a a door down on second street and is part of a

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condo association that that backs up to that backs up to uh cuthbert and that's what gives

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it its cuthbert address so the square there is our address even though we don't actually occupy

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that building um we should and this is relevant i promise uh we should be this building here that

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i've got highlighted 55 56 through 52nd uh 56 and 58 north second street uh the reason that's

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relevant uh is the uh the 205 cuthbert address is subject to the independence hall overlay

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that overlay uh creates stricter requirements for the signs than does um then the cmx3 would

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generate normally and both of the refusals in fact are based on violations of the independence

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hall overlay um but the building we have is fully on second street uh and is actually not part of

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the overlay but because it's condoed in that's where it gets the address from um but no matter

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We believe the signs are tasteful and a welcome addition to 2nd Street, and we visited the Old City District, and we got unanimous support from them for the approval and installation of the new signs.

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Their letter is down here.

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I don't think there's much more to say on this.

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It's fairly straightforward.

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If the board has any questions, I can call my client if necessary.

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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 wish to testify in this case, but if so, please raise your hand.

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No hands, Chair.

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Thank you.

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Mr. Counsel, I noticed is the name of the company Save the Shave?

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save the shave ink ink is there any uh reason why is that the reason why you've been growing a beard

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since do you like it okay i had a covid beard going but before there was any

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any any uh correlation calendar number 39728 205 cuffbird street my vote is yes

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my vote is yes my vote is yes my vote is yes thank you board

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am i 2020 000 845 613 bambridge street i apologize before we go i've left out the

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planning commission sorry oh sorry about that that's okay do you want me to put my uh testimony

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on the record? Yeah, it does. On calendar number 39728205 Cuthbert Street, Planning Commission's

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position, please. Mr. Chairman and members of the board, this property is recommended for commercial

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and residential mixed use on the city's comprehensive plan. We do not believe the addition

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of signs will have an adverse impact on the block. Accordingly, we have no objection to

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granting this variance. Thank you very much. Confessor, please proceed. Okay.

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Thank you very much. Professor, please proceed. Okay. MI-2020-000-845-613 Bambridge Street. Sean.

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Mr. Ward, you've been promoted to a panelist.

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You can share your screen as you wish and unmute yourself and wait to be sworn in.

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Sean, do you have two devices?

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Mr. Ward, do you have two devices?

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can you hear me now yes okay swear in the front of the truth the whole truth and nothing but the

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truth i most certainly do good morning mr chair members and do you agree to wait the reading of

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its refusal and stipulate to its accuracy i do thank you name an address for the record please

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Sean Ward, 331 East Street Road, Trevos, Pennsylvania, 19053.

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I've been experiencing some difficulties with my camera.

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I don't know if anybody can see me.

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Yeah, we can see you now.

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Do you have two devices?

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I am, well, I was on my laptop in my office,

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but the camera doesn't work on that with Zoom for some reason.

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And so now I'm at my assistant's desk.

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So are you in two different locations?

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Is it a different location?

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I'm in the adjoining office.

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Okay, good.

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I just don't want feedback because you got mics open on both.

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Oh, I thought I shut the other one off.

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Maybe it's my phone.

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Hold on.

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No, the phone's on.

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Okay, you can proceed.

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If we have feedback, I'll let you know.

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Okay, thank you, Tanya.

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Good morning, Mr. Chair, members of the board, Sean Ward, on behalf of the applicant MRR

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Investments, I have my exhibit packet, if I could just pull it up now, okay, there we

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go.

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okay

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you gotta bear with me this is my first virtual zoom meeting with the Philadelphia

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zoning board so no problem we've all been experiencing difficulties challenge a challenge

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okay what's coming up on the screen is i i organized my presentation into basically five pdfs

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um pdf one is my typical exhibit packet list uh starting with a zero is the deed and proof

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of tax clearance a1 would be the zoning permit application detail we're not seeing we're not

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seeing any of your exhibits. So once you hit the green button to share the

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screen then you click on the actual exhibit package and a red outline should

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be on that document. Okay, it says I am screen sharing. You are, but now you have to click on

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your actual exhibit package, the file. There we go, we got you. Okay, all right, thanks, Tanya.

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Okay, so page one of PDF1 is my typical zoning exhibit list, A0 being the deed and proof of

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tax compliance. A1 is a copy of the zoning permit application detail from Eclipse. The application

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was for the complete demolition and erection of an attached structure, including a rear deck

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including a rear deck and a roof deck with a penthouse access structure.

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and a roof deck with a penthouse access structure.

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Uses as commercial on the first floor, currently vacant, no proposed tenant or use at this time.

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And a single family dwelling from floors two through four,

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with two interior parking spaces accessed from Marshall Street.

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A2 is the notice of refusal.

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Let me get to that.

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So, well, I'll just go through the list real quick.

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Okay, so A2 is a notice of refusal.

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Parking not accessed from an alley or shared driveway was the refusal.

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Additionally, the rear deck encroaches into the rear yard.

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And the vertical deck supports are less than 8 inches from the property line.

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So we seek one use and two-dimensional variances today.

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A3 is the application of appeal.

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A4, the PIF, project information form.

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R5 is the RCO notice, meeting notice.

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A6 is the affected address list.

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A7, proof of mailing.

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It's the invoice from the direct mail service.

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A8 is the receipt for payment to the direct mail service.

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A9 is the zoning poster.

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A10, proof of posting.

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A11 is photographs.

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A12 are the zoning site plans.

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A13 is the floor plan and renderings.

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and A14, just as the background for the board.

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Again, we're still, we're not getting your floor plan.

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Yeah, I'm going to go through them.

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Oh, okay.

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Yeah, I just wanted to go through the list.

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I wanted to go through the list of the exhibits.

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Okay, understood.

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Thank you.

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All right, so now, so next would be the deed showing proof of ownership.

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okay so we have the tax i mean the real estate tax transfer okay

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come on now

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okay

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okay so this is the tax compliance you can see taxes for the property are paid through 2020

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next we have the permit application detail from eclipse as requested on the virtual hearing

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instructions um copy of the application of appeal i think i skipped the refusal hold on

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yeah so there's the refusal as you can see the first one is for the

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parking, and then the second two are article supports. Again, we have the application of appeal,

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the project information form, and I would classify these as the housekeeping items,

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um the the exhibit list the deed proof of tax clearance application refusal appeal and the

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project information form uh pdf 2 is document related to the notice requirements

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so first we first we have the uh actual letter of uh notification of the zoom meeting uh with

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fellow VISTA neighbors. We also have the address list as provided by the Planning Commission.

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Next would be the invoice for the mailing of the notices followed by the receipt of payment.

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Page 9 on PDF2 would be a copy of the zoning poster.

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Page 10 is proof of posting in the front window, you can see the address, 613.

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page 11 is a step back view of the front of the building with the if it comes up my gosh

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Everything's loading so slowly today.

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I apologize.

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Oh, Lord.

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Ah, Adobe's not responding for some reason.

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Hold on.

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come on

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how about going up one will that happen

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and then didn't work try using your arrows at the top right here under um but where i say 10

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the up and down arrow yeah i have the

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yeah i have the page thumbnails up on the left but for some reason it's not

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oh there we go

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There we go.

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That's the front of the subject building showing the posters posted.

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This is a view of what is deemed Marshall Street, which is more akin to an alley, and

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we have the posters on the side of the building as well as required.

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With regard to PDF number three, these are the photo boards, and is Agata on?

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Agata, are you attending the meeting?

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okay

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she can unmute herself

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you have an aerial photo showing a subject

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Sean can you hear me

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okay we can hear you now

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I can hear you now

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yes perfect

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do you want to walk

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through the photos

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and the plants

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we're going to first ask

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that the chair or the secretary swear you in.

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Please identify yourself with the record.

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Spell your name.

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Agatha Reister, A-G-A-T-A-R-E-I-S-T-E-R,

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and I am with Landmark Architectural Design.

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You swear and affirm the television?

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I'm sorry, you finish, I'm sorry.

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I'm sorry, 1325 Snyder Avenue, Philadelphia, PA, 19148.

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I do swear and affirm to tell the truth

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the whole truth and nothing but the truth

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