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Hearing video

ZBA Hearing - July 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 15, 20205h 54m

back of the truck, loaded into the truck, and then passed back over the sidewalk. Is that correct,

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Ms. Wang? Yes, yes, exactly. Thank you. Thank you for clearing that up. Thank you.

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That's it. That concludes my questions. Thank you, Mr. Whalen, for your patience and the board.

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All right, so I now just have a few questions, literally three, I think, for Ms. Wang.

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Okay. Jenny Wang, are you still on? Yes, I'm here.

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Yes, I can. Thank you. And you prepared the revised plans.

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Yes.

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So with regard to the ADA spot provided.

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Yes.

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It looks like it's dimensioned and appropriate.

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Can you walk me through the plan there?

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because it it appears that anyone being dropped off in an ada spot or getting out in a wheelchair

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or anything like that would get trapped in a corner and doesn't doesn't have the required

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eight foot access point um we actually did another design for relocating the ad parking space um

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David do you have that other one? Just describe it to Mr. Wellen real quickly. I'm sorry. Okay so

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if we were like keeping as an angle but we might rotate it to a perpendicular parking space so

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instead of having that spot at the top right corner we were going to relocate it to close

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to the bicycle parking. And I have it perpendicular. Okay. However, if you relocated it to the bicycle

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parking, that would taking that bike, we're keeping the bicycle parking. But if you could

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look closely it is parking space number eight yes i see that that one we remove that and replace it

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with uh ada handicapped parking space in 90 degrees okay but there's only the one elevator

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in the building correct yes so you're moving the ada space to the farthest space away from the

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elevator yes because we're keeping an existing building that is the only other spot that was

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allow. Okay. And if we keep it, we've already heard testimony from Ms. Wang

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that an industrial truck cannot exit out onto Kimball Street from the center

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drive aisle. Would you agree that an ADA sized van would not also be able to make

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that turn with the double parking on both sides but they can reverse and go

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That they can reverse and go back to Washington.

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back

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So an ADA van would have to reverse back up the one-way drive aisle and back out onto

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Washington Avenue?

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Well, we're still working on the parking space that we might be able to change it

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up to become all perpendicular.

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And then if it is like that, we will have it either exit in or out on Washington Avenue.

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and i was going to switch it to the parking closer to the lobby

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okay so so the parking plan isn't final the number is final the the number of spots but

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the layout of the parking is not final because we have a concern if they want us to have because

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the original design was entered from kimball eggs and washington avenue at the same time we were

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able to work away maybe we can enter and exit on washington avenue only

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so that's david excuse me david yes we lost that screen what you uh oh do you want me

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i had somebody call up and complain that they couldn't see everybody because my plan was taking

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everything up i'm sorry do you want me to leave i'm trying to make it just like this project i'm

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trying to make everybody and I think disappointing everybody I don't know

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what no problem I think the board would rather see the plan faces are nice but

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I'm happy to do that I just like looking at your faces I've missed you all right

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thank you anyway so anyway so yes so here's this and I think what I mean just

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so you know again you know we're at a slight disadvantage because of if I

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can. Well, Dave, let me just go ahead and finish. I think I was going to show you the plan that we

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were talking about. We would, in a normal course, we would show you the possible revisions that

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we're working on to address a variety of different concerns, including the ADA, a lot of which won't

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be finalized until we get into construction drawings, but we've already been working on that

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aspect and obviously that would have to be compliant at the time that we go through

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construction but I'm sorry so okay and this one admitted that the parking is not final at this

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time yeah so miss one what is the square footage of the proposed industrial use I see two spaces

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on the first floor and then the showroom all together right now is 5,482 square feet

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And with regard to Washington Avenue and this dry bile, what is the loading requirement

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or stacking requirement for that industrial use?

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David, can you help me with it?

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I can't answer the question, but

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I think it's one per $2,000.

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Are we talking industrial?

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Ms. Juan, I'm not asking you with regard to the parking requirement.

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I'll ask you that next.

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But with regard to just stacking and loading,

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what is the requirement for commercial and industrial vehicles to access the

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property and stack and load for unloading and loading purposes to access the

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commercial and industrial uses? If you know. I'm actually not sure. Okay.

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Partially they were gonna just unload and load in front of the building. Okay,

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is there currently a loading zone in front of the building? Yes. Yes, there is

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loading zone in front of the building we apply for it

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okay um

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okay and miss juan i think you were referring to it there there is a parking

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requirement associated with the industrial use correct i'm gonna

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i have to object to that i'm sorry mr wellen

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it's there's an assumption there that there is

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And I kind of have a better answer, but I included the excerpts from the code because it's our position why we didn't receive a refusal for loading or parking for the industrial is that if you look at the applicability section of 14800, that the existing industrial use or a buy right or special exception industrial use does not require the compliance with the parking or loading requirements of the zoning code.

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Well, with all due respect, David, I'm looking at the revised plans, and you can make whatever arguments you want, but the revised plans have a zoning table on them.

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Well, with all due respect, David, I'm looking at the revised plans.

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The zoning data table on the first page, which sets forth the minimum required parking spaces and it says multifamily one per two units, which is listed as 13

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But I understand that you're doing 30 units and not 26 so that seems like it's too light. And there's also a listing of all wholesales distribution and storage.

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uses, which is a changed industrial use, but has a one per 2,000 square foot requirement.

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And I would just put to you that that's not necessarily, that's not accurate, and hence

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that's why we didn't receive a refusal for it. So let me just put it this way. I don't mind you

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putting the question if it's assuming that's the case, but saying that I can't agree that it is

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the case is all I'm trying to say. I don't see a difference but I appreciate your answer to my

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question to Ms. Wong. That is all my questions for Ms. Wong. Thank you. I think David's already

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rebutted so I think we can just move on to my presentation. Can I just you know well I'll save

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up for mike i'll save it for close minutes yep um mr whalen you have witnesses uh i have

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uh two witnesses uh or if i bush who would like to speak and jose hernandez uh would like to speak

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would you like me to go to my witnesses first and then i can just sum up everything at the end yes

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okay and we're going to try to keep witnesses testimony to three minutes um

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Or is shorter.

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I believe Bori's hand is already raised, so I'm not sure if he's on yet or not.

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Bori, you can speak.

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Good afternoon, Mr. Chairman, members of the board.

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I believe you can hear me.

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Chairman Dejico, he needs to be sworn in.

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

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I do, yes.

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Thank you. And please spell your name for this demographer.

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Sure. First name, Ori, O-R-I. Last name, Fibush, F as in Frank, E-I-B-U-S-H.

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Thank you.

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Thank you, Mr. Chairman, and thank you for calling on me here.

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David Orfanides was kind enough to show photos up and down Washington Avenue, showing a host of curb cuts up and down, which really speaks to the incredible lift and the effort and the energy

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that the stakeholders of the community, the business owners, the residents have put forward

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to eliminate all future curb cuts on the northern side of Washington Avenue over the years to come.

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My office, Mr. Donatucci, Mr. Mazzola, Ivan Trincredi, we have all put forward projects.

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Noah Ostroff on the 2400 block, not one of them has a curb cut along Washington Avenue.

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On those properties where I own and control, where I don't have street frontages on the numbered

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streets, I have put forward proposals that have no residential. The 1900 block of Washington

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Avenue, Open Box Athletics is a tenant of ours directly next door, Ballet X. Up the block,

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Ivins, roofing, all of those are our buildings, not one of which has a proposed curb cut,

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and none of them have a proposed residential use there. Similarly, at our office here,

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we eliminated what was four curb cuts to put my office at this location. There's one remaining

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With respect to Mr. Orphanides' client, with respect to 2031 Washington, the project that's before you is the only project that has been proposed, that is proposed to include a curb cut, and is the only project to not include any real commercial industrial use on the ground floor.

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And I don't want to debate that I'm not qualified to debate the technicalities of whether that happens to technically fall under IRMX or I2 or CMX standards.

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I can only speak as a stakeholder in the neighborhood, as a neighbor that lives a couple hundred feet away, that it's not within the spirit of what the Planning Commission has spent over a decade working on.

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It's not in the spirit of what SOSNA, WAPOA, and other business associations have spent over a decade working on, and that the curb cut that's being proposed at 2031 Washington in coordination and conjunction with complete lack of planning or thought or integration between the industrial use and the commercial space there is going to result in irreparable harm to near neighbors for the next 30 to 40 to 50 years.

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because in the years to come when the rest of Washington Avenue on that street frontage is

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developed and I can speak directly to it because we own almost half of it when that's all developed

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this will be the only curb cut that remains and it will be a true lost opportunity and it will

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be the singular point that creates risk and hardship and concern for near neighbors and if

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I may just speak on a personal note for a moment I walk past this business no less than 30 times

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every single day. Without question, if this is utilized in the way that's proposed,

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not having any curb cuts on Washington Avenue is critical to that plan moving

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forward.

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And we went through an extensive design process with large tenants who would

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prefer to have curb cuts on Washington Avenue because of just the access and

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the ease of, of what this industrial road was and used in the past.

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We worked with them to develop alternate methods of supplying what they need to

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run their operations so again I think it's critical for the future of

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Washington Avenue that that the intent and the design and the vision of

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Washington Avenue be maintained for what they propose

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I have a question the decision to maintain the curb cut on Washington

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Avenue as opposed to the numbered street is that because of the desire to

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continue with the industrial use or was there a more functional reason for not

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you moving it to the numbered street are you asking on the new project on our

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project no i'm asking on the mr orphanity's project 20 31 washington avenue do you hear what i'm

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saying i'm not sure yeah i heard you i'm sorry i was muted would you like me to answer that since

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yeah or someone could answer because if that curb cut were eliminated and moved to the numbered

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Street, and addresses the issue which Ms. Dorfiniti and others have been talking about

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for a number of years, was that ever looked at? Was that ever taken into consideration?

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So it's interesting. So first of all, the main hindrance or obstacle to that is that we don't

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have frontage on a numbered street. We have two properties between us and 21st Street.

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Trust me, if there was a way to make everybody happy and do that, we would. But we're limited

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because we only front on Kimball and we only front on Washington.

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I had actually even explored with my client the possibility

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because the property to the west of us, as you can see in the photographs,

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has the sell site in the parking lot,

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the possibility of getting an easement across their property

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to access the numbered street.

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That's how far in order to try to make this work for everybody.

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But I think you can imagine they weren't willing to give up their parking

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for an easement for us to get out to the numbered street. So that's the main hindrance to the

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numbered street. And that's our thing that we don't have that the other two projects that Mr.

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Whalen, Mr. Five Bush, and Jose reference is that it's, we just don't have that. And then

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we discussed, you know, we had in one way out the other way. You know, we were willing to change it

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for the neighbors. The neighbors don't want in and out on Kimball. They, I mean, Mr. Fybush spoke to

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how this, no, the neighbors, the community doesn't want, doesn't want this. Well, the neighbors don't

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want in and out on Kimball, which would address Mr. Fybush's concern and even, and, and the concern

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of their, you know, their concern, Mr. Whalen's client's concerns. But the problem is I met

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personally along with my client with the people that are most directly impacted by this project

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which are the people on Kimball Street and they did not want in and out in fact they didn't even

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want in on Kimball and out on Washington no the only option Mr. Chairman I would just object right

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now I mean we've belabored several points here but the uh the neighbors on Kimball Street are

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actually here in appearance, you know, in cyberspace, I guess, waiting to speak for

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themselves.

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All right.

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There are neighbors from Kimball Street there.

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All right.

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We'll figure it out.

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But again, they're not all of them.

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And we were at the meetings.

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So, Mr. Chairman, just to make it easy, I will stipulate that this property, this subject

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property does not have access to a numbered street.

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I think that no one would be here if that were the case.

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And I apologize because I'm not, I'm seeing plans, but I don't see what I normally would if they were in front of me.

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So I apologize. I'm looking at it as though the property ran along 21st Street. So my apologies.

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As I said at the beginning, we're all muddling through with the new process.

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So with that, Mr. Chairman, that concludes my factual portion.

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I would like to close and then have my clients adopt my testimony as their own.

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testimony is their own i can do that now or we can have the the neighbors have been waiting a long

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I can do that now, or we can have the neighbors have been waiting.

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time to testify so i'd be happy to let them testify first and then i can go after them

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whatever's convenient for you whatever works for you i don't want to make them i don't want to make

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the near neighbors date any longer so why don't we let them okay let them go all right all right

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and i'll ask those folks who are going to be testifying to please identify yourself for the

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record spell your name for the stenographer and then i'll swear you in individually thank you

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and and miss sunkett i believe uh dave hall is on the line awaiting to testify

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do does his number end in 016

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Hello, this is Dave Hall.

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Oh, can you hear me?

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Okay, Mr. Hall, please identify yourself, name and address.

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Yes, my name is Lawrence, L-A-W-R-E-N-C-E, David, D-A-B-I-D, Hall, H-A-L-L.

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I live at 2037 Kimball Street.

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

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I do.

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Thank you.

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and i thank you mr chairman and the rest of the board for hearing from the near neighbors

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my wife and i live at 2037 kimball street and i'll be representing a number of near neighbors

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