civus
Hearing video

ZBA Hearing - March 19, 2024

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

on Tupperhawken Street, but I exit onto Pastoria Street, past the carriage houses that used to be

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for horses and buggies, and now they all have parking lots. I don't understand the almost

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hypocrisy, and it disappoints me. I think people really care about this neighborhood, and it's

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very impressive, but with all that Darren has contributed to the neighborhood, the fact that

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he's rented to a diverse and brought a new diverse and talented community to our area.

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It's a shame that they have the hardship of not having parking in front of their house. I don't

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think it would have much of any impact on pedestrians or us who use it for entry and exit.

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All right. Thank you. Does anyone have any questions? Okay. Next hand, please.

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Chair, we have Che Villanueva.

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They've been unmuted and allowed to speak.

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Good morning.

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Could you please state your name and spell for the court stenographer?

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Mr. or Ms. Villanueva, please unmute yourself.

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Mr. or Ms. Villanueva.

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Mr. or Ms. Villanueva, please unmute yourself.

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Chair, they're not unmuting.

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Is there any other hands?

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We have one more, George Boudreaux.

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Okay.

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George Boudreaux, please unmute yourself and wait for this.

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Good morning.

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Good morning.

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Could you please state your name and spell for the court stenographer?

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Sure.

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My name is Dr. George Boudreaux, George traditional spelling.

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My last name is B-O-U-D-R-E-A-U.

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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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Objection, Mr. Chair.

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We believe that Mr. Boudreaux has already put a written statement in.

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And so he's barred from making public testimony today.

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I'm barred from making a public statement, sir.

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So, sir, if you've already given us a written comments, that's already part of the record.

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And we're trying to we're trying to move this along today.

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And that's the reason we did it.

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But your your comments have already been taken into consideration.

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And thank you for taking time to calls.

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We appreciate it.

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Excuse me.

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This is Hillary.

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I just want to clarify, Mr. Boudreaux, are you from the Ebenezer Mansion?

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Ebenezer Maxwell Mansion, the Historic House Museum, yes.

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Yes, we have received that letter.

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Thank you.

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Is there anyone else in the virtual audience?

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I see no hands, Chair.

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Mr. Chair, I have a request.

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We had a witness for public testimony who was not able to remain.

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Her name is Shea Villanueva.

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and we would like to be able to supplement the record

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with her written statement in lieu of her public statement today.

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That's fine.

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And Mr. Chair, it looks like Suzanne Ponson is trying to testify.

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We can give her one more opportunity to see if her technical issues are resolved.

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Hi, could you, Susan?

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Yes, Suzanne.

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Hi.

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Sir, I'm very sorry.

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No, no, no.

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I'm using the telephone.

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I mean, I'm using the telephone.

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Could you please state your name and spell for the court stenographer?

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My name is Suzanne, S-U-Z-A-N-N-E.

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And the last name is Ponson, P as in Paul, O-N-S-E-N.

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Right.

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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 a neighbor?

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I'm not a near neighbor, but I am a neighbor.

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Okay.

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But I am.

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Tell me the block that you live in.

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You'll have to give me your address.

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I live in the 5900 block of McCallum.

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But I am president of West Central Germantown Neighbors.

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OK. Are you for or against this project?

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I'm not calling. I would like to clarify some questions that I know have been asked in the past.

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And we have not as none of the board members have spoken up about it.

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But I'd like to explain. I was president a year ago when when the last RCO meeting occurred and and when the vote was taken and so forth.

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The only thing that I'd like to say is that at the time, the subject was debated about near neighbors versus not near neighbors.

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And the point I'm raising has to do with the fact that perhaps 25 of the near neighbors that voted or are tenants of 224 to 30 West Alpahawkins Street.

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We use the list of near neighbors as the city required.

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But we did not make any notation to the fact that, as I said, 24, 25 of the voters, and I don't know how they voted because it was an anonymous vote.

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I don't know how they voted, but 25 of the voters, their vote was made and credited to the near-neighbor position.

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And I can say that the board, we had a debate about it within the board.

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We had a debate about how we should go with this.

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And in the end, we decided to go with the list that was provided for us by the city.

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was provided for us by the city right and that's all that i'd like to say okay um thank you very

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Right.

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And that's all that I.

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much do you understand what i yeah okay i do understand i think what you said and we we

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appreciate taking the time to call us okay thank you is there anyone else in the virtual audience

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chair we have a kyle church with their hand up they have been unmuted and allowed to speak

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so this will be the last one we're taking okay yes chair

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

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yes this is kyle church k-y-l-e church is c-h-u-r-c-h um i'm here with my wife

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hold on hold on hold on one minute do you swear or firm to tell the truth the whole truth nothing

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but the truth yes i do are you a neighbor uh uh i am a resident on on uh pastoria street

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what 100 block uh say i'm at 225 okay all right mr chair we we object to this testimony because

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hannah church who is with um mr church um has submitted a written statement um already and so

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we believe that they're barred from testimony i have not i can confirm we received a statement

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already from hannah church in writing sir we already have a comments for your wife it's part

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of the record and uh we appreciate the letter and it is can i give my comments as well um i i think

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we're going to stay with what your wife sent us and we appreciate the time you've spent to try

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to cause thank you is there anyone else i see no further hands chair planning commission

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this is uh ron bednar city planning

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yeah i already swore you right right yes yeah the comprehensive plan recommends no change to

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residential single family zoning at this location city planning commission recommend on the original

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case that there is to be no curb cuts on Pastoria Street. This new application to create additional

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spaces with direct access to Pastoria Street would create five new curb cuts, with the majority

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being over 25 feet in width at the street. The City Planning Commission maintains that the

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parking is excessive and sees no unique conditions of the property that would cause us to

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change our original recommendation. Thank you. The due dates for the brief will be Friday the 19th

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at the close of business. Thank both of you. Just for clarification, Mr. Chair and board

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counsel, are we submitting just briefs or are we submitting suggested facts and conclusions?

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of what how would you like us to to proceed just just submit your your closing arguments and any

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rebuttal evidence that we already discussed today or supplemental evidence that we've already

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discussed today that the board is permitting um to go into the record otherwise the record is closed

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okay and just for clarification i know mr masters meant did mention uh i believe it was

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miss Villanueva that he'd be submitting um a written uh you'll get a copy okay yeah and and

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we did have one uh similarly uh glenn miss glenn near carter who i believe had her hand raised and

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then it was down i don't believe she was able to uh um connect for uh um technical issues so i would

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just request the same that you know we'd be permitted to submit a supplemental letter on her

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behalf we have no objection thank you all right thank you uh to the board for your uh time and

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thank you so much okay um hillary so we talked about breaking at 12 30 right

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um yes mr chair so why don't we do this why don't we take a five minute break and then we'll come

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back, and we can read into the record all the names and things of that nature, and then start

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fresh at 1.30. Is that okay? It might be better to read the name, because I think people will be

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coming back later, and we will want them to hear their names. Okay, so then we'll take a break now,

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you're saying? Yes, I think we should take a break now, Mr. Chair. Okay, good. Okay, so why don't we

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come back at 1.10? Well, I think we can come back at 1.30. I think that would be fine.

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Okay. All right. 1.30 is fine. All right. Thank you, Mr. Chair.

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Good afternoon, everyone.

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My name is Bill Bergman.

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I will be chairing this afternoon's hearing.

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We're going to go to number 10, MI 2023-006-162, 1954 Patterson Avenue.

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On this case will be two attorneys, Meredith Trego and Matthew McClure, and also Leonard Reuter is an attorney for this city.

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He should be here, too.

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chair matthew mcclure is coming back in as a panelist now i'm waiting for i'm waiting for

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mr voider and meredith trago to put their hands up okay

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chairman matt mcclure yeah i matt you've already been sworn leonard you've already been sworn

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and and just to clarify the city is not the applicant we are the property owner

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by agreement with fairmont park conservancy they are the applicant and taking the lead

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on this but i'm i'll be here in case there's any questions from the board thank you

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All Republican parties have been promoted to panelists, Chair.

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Thank you.

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As stated at the February 21st hearing of this matter, the purpose of the resumptive hearing is for the board to hear public testimony and the recommendation of the City Planning Commission in order to ensure that everyone who wishes to express their position on this matter is given an opportunity to be heard.

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The board will only be accepting public testimony from individuals or organizations that have not already submitted correspondence to the board stating their position.

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The lone exception will be the registered community organizations whose boundaries include subject property.

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They were permitted to testify regarding the RCO process for this project if they wish.

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The board will now read into the record the names of the individuals and organizations from whom it has received correspondence regarding their positions in this matter.

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If your name is not read into the record and you wish to testify, please raise your hand.

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The board asks that all testifiers keep their remarks brief, concise, and focus on the requested special exception to remove the heritage trees from subject property.

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In addition, please avoid repeating comments offered by previous testifiers.

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Here are people who have sent letters that are in support.

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Anderson Marks Youth Sports Organization, Council President Kenyatta Johnson, Hunting Park United, NOMO Foundation, Philadelphia Dragons Sport Association, Philadelphia Parks and Recreation, South Philadelphia Sigma Sharks, State Representative Regina Young, Unity in the Community, and Warren Abbott.

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Here's letters of opposition.

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Bradford Whitman, Brian Jeans, Brianna Gialdo, Brina Belford, Brielle Brilani, Britt Doberg,

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Brooke Wesley, Taryn Cervani, Carly Russ, Katherine Darin, Katherine Roberts, Kathy

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Van Der Root, Charles Blinnick, Charles Murphy, Chris Pico, Chris Wack, Christina Gardner,

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Christopher Bruhn, Dara Silverman, Doran Helmel, David Schepanskic, Delaware Valley

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Ornithical Club, Dr. John Chico Baker, Dr. Julia Mitchell, Dr. Wendy Gibson,

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Dr. Julia Mitchell, Dr. Wendy Gibson, Eugene Clarion, Elaine Hughes-Jensen,

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You

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Ilu Serpell, Ilan Grunberg, Emily Serena, Emmett Wilson, Flo Carmody, Friends of FDR Park,

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G. Pluck, Gabriel Gubb, Bonji, Garrett Sager, Goyer Pilello, Haley Brantford, Heather Severson, Huckle Young, James Stanton, June Pluck, Jane Fishman, Jay Sheffman, Jeffrey Turner, Jennifer Miller.

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Jennifer Prince, Jess Mercurio,

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Gemico Call, John Amadio,

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Julia Kropik, Karen and Felix Penzula,

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Karen Leibowitz, Kat Ken Don,

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Kat Weary, Kate Laspina,

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Caitlin Navarro, Caitlin Rebisch,

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Catherine McGuire, Catherine Rice, Tim Alsbrooks, Tim Barbetta, Kristen Kiki Becker, Kristen

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Jennewitz, Christy Glazer, Lori Crandall, Lori Bernneister, Lauren McClutchin,

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Clutchin, Lauren Schiffman, Lily Safran, LJ Brubaker, Lucine Miller, Lynn Gallagher,

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Mucklin Koch, Malcolm O'Malley, Mark Kaplan, Max Friedman, Megan Anger, Michael Horsey, Miriam Harlan, Nadia Cummings, Neil Petillo, Nicole Hoffman, Nicole Kemmel, Norma Gottlieb,

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Ali Jem, Ali Zagovic, Packer Park Civic Association, Patricia Yannitz, Richard Goella, Robert Kaponskik,

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Rita Gitter-Munz, Sally Coyne, Sirene Carr, Sharon Tayman, Silver Licello, Sefin Kroll, PhD.

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Stephanie Barber, Wendy Leapheart,

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Wincote Audubon Society.

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We will now go to the virtual audience,

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and I believe we're going to start with the RCO.

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Is Barbara Capozzi in the audience?

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Barbara Capozzi, if you're in the virtual audience,

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there she is.

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Okay, now her name disappears here.

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Okay.

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i had this back up she's been unmuted and allowed to speak

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good afternoon could you please state your name is spelled for the court stenographer

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um my name is barbara capozzi c-a-p-o-z-z-i do you swear or affirm to tell the truth the

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whole truth and nothing but the truth of course yes and you're you're one of the rcos am i correct

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Yes, actually both.

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Okay.

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Esteem chair and board, I'll be as brief as possible.

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Go ahead.

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Happy first day of spring.

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We should all be down at FDR Park now doing a field view because I'm sure that if you saw the gorgeous trees that are to be killed because of this application, you would vote against it as we have.

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My name is Barbara Capozzi.

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I'm the president of the Packer Park Civic Association for 30 years.

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No one wants the job.

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