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Hearing video

ZBA Hearing - November 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 2, 20224h 14m

sliver of RSA5 that somehow ended up mid-block here, which is really quite rare. The property

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that's before the board today is zoned ICMX, which is Industrial Commercial Mixed Use.

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You will note on this zoning map that a majority of the properties that share the ICMX zoning

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designations are both considerably larger properties, and they also benefit from frontage

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on predominant North American Street. You'll notice from the boundaries here that this property

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only has frontage on North Bodine Street. Now looking more closely at the photographs at

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Exhibit 15 here, you'll get a better sense of the makeup of this block of North Bodine Street.

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This first photo is looking right at the property, which is behind this fence.

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If you now look north on North Bodine Street, you'll notice that all of the commercial buildings use North Bodine Street as their back of house functions.

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It looks like mostly for loading functions.

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You'll notice that there's no active commercial or industrial use that faces this block of North Bodine Street, which is also quite narrow.

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The streetway is only 14 feet.

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The board can also note in this photograph the large multifamily complex on the opposing side of North Bodine Street.

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And then if you turn south, looking towards Jefferson Street, you'll notice that the block changes to exclusively residential use.

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now the current proposal which is shown at exhibit five is for the erection of a new

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four-story structure to contain two dwelling units in response to discussions with the community

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these units will be offered as condominiums for sale there were also some aesthetic modifications

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that the community requested concerning window locations and facade but the only modification

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that requires the board to stamp off on a revised proviso plan is the removal of a front bay.

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You'll see just for reference, the original zoning plan did have this front bay,

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which has been revised on the new plan. Each of the units will be in excess of 1,500 square feet

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with two bedrooms, flex space, and three bathrooms. At Exhibit 7, I also included some

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with two bedrooms, flex space, and three bathrooms.

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sample interior photos from another recent project that this particular owner completed.

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Now, regarding the refusals, this proposal received two refusals. I'll start first with

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the somewhat technical refusal relating to insufficient side yard. Now, ICMX imposes a

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minimum side yard on any side of a property that abuts a residential zone. So if we turn back to

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the zoning map, you'll see that just north of this property is that somewhat strange mid-block RSA5

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zoned property. But if I turn your attentions once again to the photographs, you'll see that

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the adjacent property is not in fact a residential property. Furthermore, the applicant does submit

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to a hardship given that this block is exclusively made up of attached buildings, as you can see

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on both sides of the street. And it would be quite out of character to provide that eight-foot side

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yard, especially one that is not serving the purpose of the code. Finally, the zoning board

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will note that on the zoning plan, this property is only 18 feet wide, so therefore an eight-foot

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side yard would result in a residence of a maximum of only 10 feet, which would really

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actually make the living space quite narrower than that.

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Now, regarding the proposed use, we further submit to a hardship given that this property

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is subject to unique circumstances that would foreclose any compliant new construction ICMX

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use of this lot.

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As is shown in the code sections at Exhibit 11, the ICMX zoning is specifically intended to accommodate commercial and low-impact industrial uses and is intended to serve as a buffer from residential districts.

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This property is not only too small to support a new commercial or industrial use, but even if it were larger, there are no active commercial or industrial uses that front on this block of North Bodine Street.

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The commercial and industrial, as you would expect, are all oriented towards North American Street.

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As I mentioned earlier, this property does not extend to North American Street, and fronting on this block of North Bodine, south of the property, are all exclusively residential uses.

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Now, on the topic of the nature of the residential uses surrounding the property, which we do also submit establishes that the variance requested are the least minimum, the blocks surrounding this property are predominantly existing or soon to be constructed multifamily uses.

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You'll see at Exhibit 12 examples of other high-density multifamily, including right across the street here that has 42 units.

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And directly next to and behind this property in that grassy area that you can see on the aerial was just recently approved by Variance for a total of 10 units.

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So, given that this is the only property on this street that does directly abut the commercial and industrial uses fronting on North American, we submit that the proposed two units are the least minimum and serve as an appropriately scaled buffer from that commercial and industrial use to the north, as well as from the residential uses south.

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we do submit that this proposal will not increase congestion harm neighbors properties or impair

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light and air and as always a full analysis is provided in the memo of law included at exhibit 10

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and i'd be happy to touch on any point in particular detail with respect to the community

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we did meet with the south kensington community partners back in the summer that discussion

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resulted in the vote of support in your packet at tab 14, which is supplemented with additional

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expressions of support from your neighbors. If the administrator could look for either Oksana or Jean.

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okay i see no hands at this time well as an officer of the court uh mr chairman i i would

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say that my client would have adopted my testimony thank you very much questions from the board no

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Mr. Chairman no Mr. Chairman no Mr. Chairman questions or comments from the virtual audience

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questions or comments from the virtual audience

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i see no handshare hi planning commission this is ron bednar city planning

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I see

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property is currently indicated for industrial commercial mixed use on the city plan

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we acknowledge that the site does pose a hardship to its reuse residential lots on this block are

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zoned for single family use the proposed duplex is not the least minimum variance needed to

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enable viable redevelopment. Therefore, we recommend that the question variance be granted

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provided it be limited to one family use only. Thank you. Mr. Chairman, I think that the evidence

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presented shows that, especially given that the board recently approved 10 units basically

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surrounding this property, that two units is quite below the least minimum variance that

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would be appropriate for this lot. Thank you. MI 2022 003 304 1517 North Bodine Street. I vote yes

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with proviso. Revised plan one page stamped by CBA on November 2, 2022. Thomas Holloman,

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my vote is yes with proviso. James Snell, my vote is yes with proviso.

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thank you counsel thank you very much so let's go back to

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let's see here

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let's go back to number

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come on out here right on the list

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let's go back to uh number one mi2022 003 302 300 west chelton ham street uh jennifer sanders epps

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Ms. Epps

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Okay, I don't see her name, Chair

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Someone else has their hand up

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That's fine, I think she did the same thing last time

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Okay

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I'll promote

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Ms. Jones as a panelist now, Chair

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Thank you

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hi miss epps how are you i think i've already sworn you in and i think i said it but i'll

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i'll do it one more time this is for the expansion of existing existing daycare center

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located on the first and second floor of this existing detached structure.

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The proposed use daycare center was previously approved by the zoning board,

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and any expansion of use requires ZBA approval.

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I'm going to have Mr. Holliman ask you a few questions, okay?

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Yes.

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Good afternoon, Ms.

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Did you email all the exhibits and documents as required,

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such as proof of ownership tax clearance copy of the refusal pictures or drawings of the property

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five days in advance to this hearing did you meet with the rco you have a letter

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yes thank you please proceed and share your screen

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So I think you open your documents, and then you push the green button at the bottom says

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share screen.

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All right, let's try it.

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for the permit okay all right we have the refusal letter yes we have the application for appeal

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right we have the um project information form thank you

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uh we have the drawings of the um the use the area that we want to use we have the text letter

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We have the letter from the community organization stating the vote in our favor, three to zero.

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I mean, sorry, 30 to three.

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Here's the letter.

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We also have the letter stating on behalf from the church across the street from us,

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granting us permission to use their parking lot in overflow in case of more clients due to the

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expansion of our daycare. We also have signatures of persons on the block and to the block around

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the corner who would be affected by any expansion use.

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we have a letter um this is the letter from

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us asking the um church giving us actually the church giving us permission to use um

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their light as an overflow then we have the letter that went out to the community about the rco meeting

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do you have pictures of the property yes we do i see the pictures here's pictures of the

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basement area that is in question we have two bathrooms one handicap equipped one night

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this picture um of one closed-in area that could be used for one separate classroom and then it's

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pictures of another full area that could be used as another classroom here's pictures of the outside

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area showing the actual parking area our parking lot and the street parking we also have pictures

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of the parking lot showing half parking lot and half playground area for the children

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And then here's pictures of the driveway area driving into our parking lot, and then a full picture of the parking lot.

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Here's another picture of the parking lot.

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Let me ask you a question. How many students do you have now?

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Right now we have 39.

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What are you looking to expand to?

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We're looking to expand to at least 15 to 20 more.

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Okay. Thank you.

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Here's a copy of our lease for the property.

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Okay.

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And then this is a letter thanking the church for granting us the utilization of their parking lot for overflow.

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Okay.

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so questions from the board no mrs jim no mr chairman

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questions or comments from the virtual audience

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here i see we have dan finnegan with his hand okay sure mr finnegan please unmute yourself

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for wait for the chair. I'm Mr. Finnegan. I believe that I swore you in already, right?

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Yes, sir. Okay. Could you state your name again for the record? Daniel Finnegan. All right. Are

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you a neighbor? I am the immediate next door neighbor to the daycare center. Okay. Fine. And

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start your presentation. Okay. I do not have a presentation. I do want to point out that the

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members of the RCO were not notified that the Zoom meeting was occurring. We are actually down

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at the office and we had to struggle to get the link to the Zoom meeting.

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The issues I have with the proposal that Mrs. Sanders-Epps is making is that I feel very

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strongly that the building is too small to accommodate 60 children. It was originally

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a four-bedroom residential building. I just can't imagine 60 children and I don't know how many

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staff, maybe 10 staff members in that building. I think that would turn into an extremely crowded

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I think that would turn into an extremely crowded situation, especially in climate weather, cold weather.

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situation, especially

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We have had ongoing issues with clients of the daycare center blocking our driveway.

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I actually brought a number of pictures that I wanted to show of vehicles blocking our driveway.

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I also want to add that when we have approached individuals and asked them to move their cars, we've been met with a great deal of hostility and rudeness.

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We have requested on numerous occasions if this is Sanders Epps could possibly limit the amount of noise the children are making in the play area, and by that I do not mean children, you know, normal child at play noise.

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I'm talking about children who are shrieking for extended periods of time.

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um in the rco meeting one of our neighbors testified how much she enjoyed listening to

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the children when she was gardening in her yard that neighbor is located one block down

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one block over from the daycare center and the line of sight between her property and daycare

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center is obstructed by four or five buildings so that just gives you an indication of how loud

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the children can be. My neighbor, Ms. Denison. Mr. Finnegan, let me ask you this. Did you object

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at the RCO meeting? I did. Okay. And what was the vote at the RCO meeting? I think Jennifer said 30

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to 3. 30 to 3. Okay. Thank you. Continue. Okay. My neighbor, Ms. Denison, who is at the end of

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the block can hear the children shrieking when she's inside her house um uh the other concern i

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have is uh littering by the clients and this is not candy wrappers and slurpee boxes this is diaper

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wipes and upon occasion even diapers have been thrown out on the street so for those reasons you

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No, I object to the idea of the zoning board approving this request.

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So, Mr. Finnegan, thank you for calling in, and we appreciate your position.

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Is there anyone else in the virtual audience who would like to testify?

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Chair, we have Sharon Dennison with her hand up.

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Okay.

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Ms. Dennison, please unmute yourself and wait for the chair.

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All right.

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All right, can you state your name, please, and spell for the court reporter?

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Yes, I'm Sharon Dennison, S-H-A-R-O-N-D-E-N-N-I-S-O-N.

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Do you swear for I'm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Are you a neighbor?

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Yes, I live just a block down from the daycare.

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All right, proceed with your presentation.

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All right.

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I'd like to say that despite the neighbor's objections, this property was permitted to be used as a daycare several years ago.

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The principal objections at that time was the additional traffic, the trash, the noise, but we lost.

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So we put on our big boy pants, and now we deal with the traffic, we clean up the trash, and we try to just listen to the additional noise.

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Now, however, with Mrs. Epps asking to expand with additional children, I think somebody needs to speak for the children.

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This house was built in 1925 as a single family home to accommodate a family, man, husband, wife, two children, two baths, never was meant to be used for commercial use, let alone a daycare.

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And for me to think that there will be 60 children in that one house for, what, 8, 10 hours a day, it's just not right for the children.

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Somebody needs to speak up for them, and I think that it takes us adults to do it.

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I know that Mrs. Epps wishes to increase her income, but it certainly shouldn't be due to the detriment of our little young ones.

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One of Mrs. Epps' employees said at the RCO meeting that many of these children come from distressed homes, that they need peace, they need space, they need time, they need caring, and I'm concerned whether an expansion of this daycare could provide it for the children.

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Please listen to the voices of the children.

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Thank you.

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Ms. Denison, did you object at the RCO meeting?

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Yes, I did.

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And the vote was still 30 to 3?

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I suppose so.

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Okay. Thank you very much. Is there anyone else in the virtual audience?

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Okay.

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Thank you very much.

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Is there anyone else in the virtual audience?

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Chair, I see no hands.

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Chair, I see.

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Ms. Epps, do you want to respond?

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Thank you so much. The posting was posted to explain the meeting today. Also, we got approval

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from the church across the street to use their lot as an overflow if needed. So that would

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prohibit any extra traffic outside. Also, there is no trash. We make sure that there is no trash.

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Trash is collected every week. We clean our area every day. There is no trash. So I have no idea

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what they're speaking about. As far as the children noise, the noise we hear is children's

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laughter, children playing, because we have a large outside play area in which I showed you

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