civus
Hearing video

ZBA Hearing - January 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 31, 20244h 17m

And then, again, we last met with the community on January 17th at 7 p.m., and we emailed

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And then again, we last met with the community.

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the notification that went to the community on January 3rd to the coordinating RCOs and

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all RCOs, and we mailed the notice to 178 addresses.

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These are the list of the addresses, proof of mailing to those addresses, and our application

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for appeal that we filed on behalf of L-8-South LLC, along with the notice of refusal, project

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information form, our deed to property showing LH South LLC is the owner of the property,

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and our certificate of tax clearance. The only reason why there's a balance is for 2024 taxes,

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which are not due yet. With that being said, I would ask that Mr. Hill virtually raise his hand

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and be sworn in.

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Mr. Hill, can you raise your hand, please?

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Mr. Hill is not raising his hand,

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but there is Gabrielle Deck.

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Not affiliated.

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He is the architect, so maybe Mr. Hill is with Gabe Deck.

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Okay. I will allow them to speak.

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all right good morning Mr. Hill

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hi this is Gabriel Zach I'm actually not with Mr. Hill though

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okay so hold on a minute um Mr. Hill

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there are no hands raised by Mr. Hill

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okay so um mr dockham said we'll accept your testimony um hillary at this time

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should we bring the other attorney on yes mr chair

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is the other attorney getting me all day good morning sharp you've already been sworn just

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state your name for the record again yes my name is david america connor uh spelled d-a-v-i-d

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A-M-E-R-I-K-A-N-E-R.

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All right, okay.

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I'll proceed with your presentation or your comments.

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Thank you, Chair.

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So Mr. Nockamson offered a long summary of what has happened here.

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As for the board's edification, I was retained by one of the near neighbors, Michelle Needham.

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She lives at 2001 Cater Street.

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she has taken on the role of discussing this project with the neighborhood and has

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been one of the people involved in discussions with the neighbors about this project on her

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behalf i have been discussing this project and its evolution with mr knockamson and mr hill

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and mr deck as mr knockamson mentioned we have expressed concerns about this project

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And the project has evolved in some ways to be responsive to our concerns, including up and through discussions that occurred just last night.

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We have not had sufficient time to discuss those changes to the project with the neighborhood.

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So that needs to occur.

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We look forward to comments from other neighbors about this project during this hearing.

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and we you know we wish that there had been more time to uh get community buy-in for those

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comments for those changes um before this um we still have concerns um but that's where we'll

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leave it for now and i do want to hear from other members of the community thank you um

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questions from the board no mr chairman no chair

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Questions for our attorney, Hillary Emerson?

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Not at this time, Chair. I just did want to note Mr. Shahid had to step away for a moment. He will be back in a little bit.

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Okay. Questions or comments from the virtual audience?

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Yes, Chair. Dylan Mahoney has his hand up. Actually, his hands are going up. But Dylan Mahoney is first, and I will allow him to speak.

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Good morning.

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Good morning.

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State your name for the record, please.

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Dylan Mahoney.

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D-I-L-L-O-N-M-A-H-O-N-E-Y.

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L-O-N-M-A-H-O-N-E-Y.

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

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You swear?

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I do.

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Please proceed.

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Thank you, Mr. Chairman, members of the board.

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Dylan Mahoney here on behalf of Council President Kenyatta Johnson.

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Our office has received both the SOSNA letter and a petition from near neighbors in opposition to the case.

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In light of that divided feedback, Council President Johnson will not be taking a position on this case. Thank you.

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Thank you, Mr. Mahoney. How many hands do you have up?

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I have three hands up now. The next one is Robert Bellinger.

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Okay.

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He'll be allowed to speak.

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Good afternoon. Can you hear me?

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Good morning. Good morning, sir. Could you state your name, please, and spell for the court stenographer?

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Yes, my name is Robert Ballinger, R-O-B-E-R-T, last name B-A-L-L-E-N-G-E-R.

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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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Yes, I do.

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Are you a neighbor?

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Yes, I am.

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Please proceed.

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I submitted a written letter yesterday, and I'm just appearing today to make sure that that's reflected on the record.

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It was emailed to the exact addresses. It was emailed to RCOZBA at phila.gov, as well as PCPC.zoning at phila.gov.

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The instructions on the ZBA's website continued to include Ms. Salida's email, so I did not email it to Hillary, Ms. Emerson.

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I'd be happy to do that now if it would be...

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Hillary, do you have a letter that copied it?

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I did not receive that. That should go to boardcouncil at phila.gov.

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Okay.

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Thank you.

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Mr. Ballinger, do you have any other testimony?

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Tony? Well, I think in addition to my written statement, I mean, I think that it is

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positive that the developer and the near neighbor have had some constructive conversations to

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address some of the concerns. I share the concerns of many of the near neighbors, and I concur with

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Mr. Americana's recommendation that we have an opportunity as neighbors to understand the

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revised plans that are being presented for many of us for the first

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time here today. So for the time being, I stand

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by my list to the extent it is responsive to

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what I have seen, which is not

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what is apparently on the table today. All right. Mr. Bounder, we

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appreciate you taking us on the calls. Next hand.

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The next one is Kevin Collins.

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

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Kevin Collins, K-E-V-I-N-C-O-L-L-I-N-S.

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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 am.

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Please proceed.

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I have concerns about the number of units, the five units, compared to the zoned three units.

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But I do welcome the help from the developer and from the lawyer and from Mr. Hill in changing some of the elements to make the building smaller.

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okay although sasla did give a letter of approval um in actuality 16 neighbors

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including 11 near neighbors opposed it as opposed to 12 so the the neighborhood actually voted it

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down 16 to 12 and 11 to 5 near neighbors that said um a lot of those in opposition

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were prior to some of these changes that you've made.

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And I just would like the opportunity to discuss that with our neighbors.

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Thank you, Mr. Collins.

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Thank you for taking the time.

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We appreciate your comments.

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Next hand.

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The next hand is Christopher Scallone.

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

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Christopher Scallone

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Please spell your name, sir

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Christopher

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C-H-R-I-S-T-O-P-H-E-R

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Scallone

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S-C-A-L-O-N-E

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Wait, do you swear or affirm the total truth, the whole truth, nothing with the truth?

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Do you swear or affirm the total truth, the whole truth

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Nothing with the truth

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I do

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I do.

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Are you a neighbor?

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I'm a near neighbor.

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Okay, please proceed, sir.

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I'm opposed to the number of units, the five residential units versus three.

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It is interesting that they're adding some rear yard, which I thought was sorely needed.

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I don't I'd like to understand how they're going to how they're proposing that the trash will be handled in that it seems to be an unenforceable issue.

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The numbers of units really is the problem with the amount of trash.

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Those two are related. And I guess I'd like some more clarity on that.

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the the attorney mentioned that early in his testimony that there the number of one bedroom

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units was was sorely needed or was and i'd like to know where he gets the data for that

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how he under how he assumed or makes the statement that i just like to know where that data comes

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from where the where the five small units are a benefit or a need in the neighborhood i i've never

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really heard that term since it seems to me that the economics are in the opposite direction um

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so i i guess in in general i feel that the the number of units has always been the issue

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it's um and the number of units are something that's not going to go away um how trash is

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handled in in that number of units and um i think it's it's a problem in the future and

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I don't know how you can address it. The zoning code has stipulated the three units in a way that

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in recognition of the amount of square feet that that number of units requires. And I think that

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the five is far in excess of the three required. And I think that's going to be a problem in the

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future. Thank you for taking your time to calls. Is that the, all the hands down? No, Chair, there

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are two more hands up. Next is Caitlin Coslett. Hi, could you state your name, please, and spell

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for the court stenographer? Hi, Caitlin Coslett, C-A-I-T-L-I-N, last name C-O-S-L-E-T-T. Do you

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swear or affirm to tell the truth, the whole truth, and nothing but the truth? Yes. Are you a

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Um, please proceed.

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Thank you.

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I just wanted to echo the comments made by my fellow neighbors, which I agree with.

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And just to add, I don't believe the developer has shown any kind of hardship to complying

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with the existing zoning regulations.

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And I, and for that reason, and all the other reasons and concerns expressed, I don't think

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a variance is warranted and I would oppose a variance here.

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Thank you, sir.

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One more hand, please.

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actually there are two more hands the next one is phone number ending in 3439 we'll be allowed to

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speak hi could you state your name please as bell for the court stenographer

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yes um my name is susan matheson can you hear me i can okay very good could you please

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could you please spell your name yep susan s-u-s-a-n last name m-a-t-t-i-s-o-n

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right you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes are you a neighbor i am a close neighbor all right are you in favor or against the project or

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want more information which which where do you stand with the project um i am concerned it is

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good that the developer continues to work with the community okay however the hardships of the

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developer was not really

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spelled out.

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Many of us feel that the project

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is still oversized

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and that it sets a

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precedent for developers to

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ignore the zoning codes

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in general and

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also concerned about the trash.

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Thank you very much for taking the time to

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calls. We appreciate it.

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Do you have one more call?

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do we have another hand

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sorry that yes i have one more hand anthony beyond casino and then how to speak

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

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good morning sir unmute yourself please

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unmute yourself please

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do we see him yeah i got it

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You

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anthony f could you how could you state your name please

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spell for the court stenographer anthony middle initial f as in frank

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last name bianco sino b as in boy i a n c o s i n o

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right do you swear for him to tell the truth the whole truth nothing but the

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truth yes

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um um are you in favor of the project against the project do you more information where you stand

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against the project i'm a very close neighbor hold on hold listen to me one minute could you

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please offer anything you have relative that has not been stated already yes well number one i'm

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against the five units i eat i own the previous but i mean we know that what i'm saying what else

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please let me know what's different the other thing i am against is the soil test has never

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been released to the neighbors two soil tests were done on the property it was previously a

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cleaners and they had hazardous material they used now the previous the owner the present owner of

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the property stated that he never received this soil test to one of the to one of the other uh

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neighbors in the property to me he said he had received it but it's in negotiations

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with the lawyer i don't understand that okay and the soil test is very important because

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you're putting in a basement apartments in this building also

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and on the actual block from 1900 all the way down to 2300 2400 south street all the buildings

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