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Hearing video

ZBA Hearing - March 19, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 19, 20243h 59m

Councilmember

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Vaughn

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Dr. Annette

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Exiles

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Slifrin

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Ebenezer Maxwell-Mansion

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Elizabeth Shepard

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Erin Davison

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Evan Michaels

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Greg and Sean Kennedy

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Hannah Church

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Joe Malone

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Janice Buschetti

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James and Sarah Norbert

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Jennifer Miller

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John Fitzpatrick

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John and Marsha Crawford

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Kareem Rosser

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Catherine Boltz

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Catherine Pennypacker, Kelly Ha, Lionel Guerrera, Lori Spadaro, Luke Smith, Melissa and Clayton Martin, Michelle Kending, Oliver Haber, Olivia Weber, Paige Chapman, Rouse and Julia Gord Morphrey, Ramah Asav Smith,

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Real Properties

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which is Amanda Ranville

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Roberta Moore

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and William Marsh

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Sherlam Cotton

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and here's people in opposition

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Mr. Chair

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there are a few additional names

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at the bottom I can just read them

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Simone Grisemore

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Sophia Swago

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Stacey Rollins

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State Representative Stephen Kinsey

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Wallingford Apartments

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letter from Eli Scherr and Wesley Connors. Here's opposition.

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Carla Willard, Connie Winters, Elma Glassgold, Eve Gorin, G. Carter, June Gorin, Jenny Ann

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Holtz-Martz, Jill Skull, Jacqueline and Thomas Sharpless, Jonathan Barnes, Julia Mann, Lisa

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Waddell, M. Aaron Rickwacker, Mary South and Karen Oliver, Michael Ramos, Nathan Long,

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P. Scott Donover, Pamela Hipp, Peggy Zwarta and Tom Baker, Robin Tevis, Susan Tobiah, Susan Wright, Suzanne Kalback, Susan Willard, and Laura Ressinger, the Waldorf School, Betsy Sweeney, Vincent Jones, and William DePetris.

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Is that it, Elri, for that one?

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Yes, that is, Mr. Chair.

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Two quick notes.

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One, we received word from Councilman Bass's office that she has now taken a position of support in this project.

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Secondly, there was a question about rebuttal evidence in this case.

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So if we could just address that before going to public testimony.

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Thank you.

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We will not take the rebuttal here. That'll be part of what you respond to, right?

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Well, Mr. Chair, if I just may, this question came up in prior hearings of what the extent would be of any proposed rebuttal testimony from Mr. Beelby.

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We have been through, I believe there were two hearings of Mr. Masters and his witnesses and experts presenting evidence.

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We have very, very brief rebuttal on two points which I included additional photographs in my packet specifically to address those two very

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um photographs in my packet uh specifically to address those two very narrow points i do not

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expect that any uh questions of mr bb on rebuttal uh would quite frankly last more than five minutes

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so so i think what would prefer that rebuttal make that part of when you submit your documents

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at the end that we're going to call for okay so hold on one minute here um

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The briefs are going to be due.

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What we're looking for is April 19th, and I want you to make that part of your brief instead of doing it today.

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Okay, well, then I would just ask it to the extent that the record would be closed at the end that just that tab 34, which are photos of Pastoria Street, Street, Street Bump.

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and I believe there are also photos of school-aged children who use Topohokin that those be allowed to be accepted

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and that Mr. BLB can either submit an affidavit or submit something to attest to the accuracy of them.

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Yes.

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Mr. Chair, likewise, we would ask that our additional exhibits that we submitted in advance of this hearing be approved.

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And I don't believe that we require any verification or authentication of them.

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Mr. Phillips, do you have a...

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No, I do. That's fine.

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Sure.

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All right. So, questions or comments from the virtual audience?

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Chair, the first hand we have is Lillian Hightower. They have been unmuted and allowed to speak.

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Hi, could you please state your name as spelled for the court sonographer?

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Hello, good morning, everyone. My name is Lillian, L-I-L-L-I-A-N. Last name is Hightower, H-I-G-H-T-O-W-E-R.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Please proceed.

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Good morning, everyone. I am just here to say that I am in support of the zoning that is requested for the property that Darren currently is the owner of.

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I have been a resident of West Helper-Hawkins Street for, it will be 30 years come this November.

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I am also a former employee of the previous owner of that property, the Unitarian Universalist House.

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I worked there as the marketing and admissions director for just a little over 10 years.

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During my time at the Unitarian Universalist House, we prided ourselves as being good neighbors to this community.

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And the property was kept, the maintenance on the property was kept up.

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And we also did a lot of community activities with the neighbors.

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And we did have opposition at time for zoning issues, but never during my time while I worked there did a inquiry or question come up about traffic coming and going from Pastoria Street.

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I also say this because I think it's interesting that it is now a concern.

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During my time at UU House, I worked at getting residents moved in and out of the nursing wing, as well as the main area that supported, I guess, care for adults who could manage their own care.

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But the nursing wing had a lot of traffic that would come and go regularly because we provided long-term care support for people who could not care for themselves.

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We often moved residents in from the Pastoria Street side because that's where the wing was.

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There was also traffic that would come in to drop equipment off and so forth.

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And so to say that that was it wasn't a concern for the neighbors, although there was traffic that proceeded in and out of that that area.

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Also on, I will say there was traffic also on Topahawken Street.

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A lot of times our larger deliveries came off of Topahawken Street.

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Also as a resident on this block, my home, in addition to the three properties to the left of me, do not have driveways.

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We are the only three properties on West Topahawken Street that are directly, directly across from Darren's property.

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And we do not have driveways.

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Between these three properties, there are at least six vehicles.

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Between these three properties, there are at least six vehicles.

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I know that as I'm getting older, I'll be celebrating a birthday this year.

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I'll be 63.

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It's very difficult for me to have to unload and bring my whatever it is I'm carrying in.

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If I have to park all the way down the street, oftentimes that could be the case.

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So having the convenience of being able to park in front of my home is very important to me.

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I do know that there are currently cars that are parking right near my property, close to Green Street, where Topahawken and Green is, because a lot of residents who live on Walnut Lane park at that location on Topahawken Street.

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in addition to those people who live at Darren's property who hopefully will be able to park in

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front of their own property if this is ruled in his favor, would alleviate those 15, at least

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15 parking spots to be used for residents who do not have driveways. I also feel it's really

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important to bring it to the attention that we know that other construction work is being

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done in this community that will also take up, I believe, parking on our street because

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the, I know the property that's expected to be built near the train station, I think will

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be underway soon.

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And I believe it's going to be 62 units with a limited amount of parking that's going to

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be provided for those units and likely that some of that parking will flow onto Topahawken Street

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because we know Wayne Avenue hardly ever has any parking. I also feel it's important that we

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recognize that the train that travels from Topahawken to Center City may no longer exist.

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We are currently looking at how that will result in traffic in terms of people maybe needing

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vehicles if they can no longer take the train. So I can't say for sure if that will be an issue,

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but it's a possibility. For me, like I said, one of the things UU House prided itself in was being

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a good neighbor and maintaining the grounds. And I was concerned maybe when the property went into

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other hands, if that would be an issue. But I can honestly say that Darren has kept the property

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immaculate and to the um i guess uh level that you house has kept it and above and he has been

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a good neighbor um i am i am in support of of the parking for the residents who live at that

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property all right thank you any questions

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you're muted steve sorry about that i have one or two questions

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Ms. Hightower, your testimony is basically concerned with too many cars being parked on

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West Papahawken and interfering with your being able to park close to your home. Would that be correct?

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Ms. Hightower, please raise your hand.

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I believe Ms. Hightower signed off and I just would like to say if we're doing

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cross-examination of witnesses no we're not just just the i'm trying to lay out the first couple

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people yes yes that that is a concern in addition to other things yes okay and um

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have you been inside uh darren bilby's property um do you know how large it is objection

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I agree with that, Mr. Ministers.

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Now, I will agree that that's.

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Move on from that question, please.

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So do you have an objection if there are additional parking places put into the property for for the tenants and not onto Pastoria Street?

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Or do you only want the additional parking on Pastoria Street?

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you? Well, my thing is that during the whole time UU House operated the property, one of the

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biggest concerns that the neighbors had is that we didn't intrude onto the grounds because they

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felt it would take something away aesthetically from the property. So UU House did everything

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that we could to maintain the property and the look of the property because that always seemed

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to be their concern so now i don't understand why their concern is not the same because if there

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were additional cars parked in that area would it not take away from the aesthetics i mean the

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grounds are beautiful now um so i'm not quite sure what their concerns seem to be if that answers

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your question not really i'm just trying to understand why why do you insist that the parking

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Not really. I'm just trying to understand why. Why do you insist that the parking has to be on Pastorius when it clearly can be in many different places on the property?

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it has

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Well, in fact, just a few minutes ago, I took my dog for a walk and I walked down Pastore Street and I noticed that the way that the cars are situated to be parked, there's still plenty of ample space for walking.

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I actually walked along the sidewalk that was recently built there.

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The cars do not, you know, go outside of that area.

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And I think it would alleviate the number of parking, like I said, on top of Hawking Street and also in that general area that you're referring to, because aesthetically, that has always been the concern for the residents, that it stayed open.

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Okay.

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Finally, last question.

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do you know that there are already 22 parking spaces on the property, which is more than one

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per unit? So you're basically asking the zoning board to support a variance for people to have

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two parking spaces at their homes instead of just one? Well, I have two parking spaces. I mean,

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I have two cars, so I would like to park both of my cars. I don't see, and I noticed that all of

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the people who reside on Pastore Street have large enough driveways where they can park one or two

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vehicles so i'm still not finding their cause for not supporting it no further questions

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phillips do you have any questions no mr chair okay next hand please

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chair we have mark grissomore they have been unmuted and allowed to speak

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hello can you hear me yes please state your name and spell for the court stenographer

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Yes, of course.

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My name is Mark Rismore, M-A-R-K-G-R-I-S-A-M-O-R-E.

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I'll keep my comments brief.

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Hold on.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Are you in favor or against?

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I'm in favor.

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Okay.

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Is there any reason other than what we've heard already that you're in favor for?

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I would say, yeah, one extra comment.

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So, my wife and I are having our first baby soon.

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Congratulations.

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So, thank you.

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And so, allowing the extra parking would result in having less cars going through the existing parking lot as a roadway.

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It would just generally make us feel safer as tenants on the property.

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um additionally uh darren's been a phenomenal landlord who has uh put in garden plots on the

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property and has maintained a beautiful green space for us um and uh that's all i have to say

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so thank you for your time thank you um i'm going to move on to the next one i said okay

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anybody have any questions for that i have no questions right next hand

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chair we have christopher hines they have been unmuted and allowed to speak

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good morning could you please state your name and spell for the court stenographer

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christopher hines please unmute yourself

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my apologies uh my name is christopher heinz right t-o-p-h-e-r right last name heinz h-i-n-e-s

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do you swear or firm to tell the truth the whole truth nothing but the truth

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i do are you for or against this for uh is there anything that's been said that you can add to

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just one quick point I come home late at night most of the time and sometimes I don't have

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spots and I have to try and park on Tulpahawken and there are never any spots at night in fact

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there's generally not spots for another two or three blocks and that fact makes it difficult

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to invite anybody over to my house because they can't find a parking spot that's that's one thing

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at night, there's no parking around here. Opening up the Pestoria Street would definitely add a lot

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of parking and ease some issues on other streets. Thank you, Mr. Hines. We're going to move on.

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Next hand. Chair, we have Devin Hill. They have been unmuted and allowed to speak.

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Good morning. Could you please state your name and spell for the court sonographer?

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My name is Devin Hill, spelled D-E-V-I-N-H-I-L-L.

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

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I do.

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Are you for or against this project?

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I am for this project.

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Is there anything that you can add to what's already been said?

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Yes, absolutely. I'm just going to keep it extremely brief. It's a safety issue for my family and I. Me and my daughter together, sometimes we have to park on Tomahawk Street. There's been times where we had to park on Wayne Avenue. There's also been times when we have to park on Green Street.

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Yes, absolutely.

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I'm just going to keep it extremely brief.

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So it depends on, you know, where the spots are really pretty much available.

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