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Hearing video

ZBA Hearing - January 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 13, 20215h 27m

It's 38 feet in height.

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we have 20 percent open area we have a rear yard that is 11 and a half feet deep for

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1915 we meet it's 37 feet in height the rear yard's 14 feet deep and we have 25

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open area because it's not a corner property all the requirements are met in terms of dimensional

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relief. The floor plans for both units, and the RCO letter, as I said, it shows the support

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of 13 people, eight tenants, and five residents.

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I don't know why they made a distinction, and the opposition of one person.

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Despite that, the final position by the coordinating RCO is they did not reach agreement, but

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we had overwhelming support of the people who came to the meeting that night.

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The area that this is in, if you start at 5th and Mifflin and work your way south, the

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corner property, that's CMX1. That's a commercial use. But every property after that, 1905, 1907, 1909, 1911, and 1913 are all multifamily and they're all three units. And the property across the street on the corner, 1914 South, 5th Street is also a multifamily structure.

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so in this area and this is our lot in this area you have numerous multifamily that's the two lots

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the one on the corner is 1915 the one one in is 1917 been vacant for a long time

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just showing the site and then the surrounding properties this is 1913 that's a three-unit

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multifamily structure. The houses on Hoffman Street are single-family, and I think that's

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appropriate because it's a small street, wouldn't really support a multifamily use, and as you can

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see, there are both old and new structures on Hoffman Street itself. When you look at the

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neighboring properties, though, you have 1913, which is a new three-unit structure, and then

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When we go and look to the north, you see a row of all multifamily structures, and then you have the quarter commercial unit at 5th and Mifflin, and again, multifamily structures even farther north from there.

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So the properties in this area are generally multifamily on 5th Street.

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There are many vacant lots in this area.

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The vacant lots cause problems such as illegal dumping and crime.

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The variance is necessary for the development of these lots, especially in light of the large number of vacant lots in the area.

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Each property includes an enclosed trash area in the rear yards for the properties as well.

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Again, it fits in with the context.

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The properties have been vacant for many years.

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We did have the overwhelming support of attendees at the RCO meeting.

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The developer will testify that it's not feasible to develop the single-family residences.

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And this situation was not created by the applicant.

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The variances will allow for the development of these properties in conformity with the surrounding properties.

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It's in harmony with the zoning code by creating quality housing, meets the goal of the zoning

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code to revitalize vacant properties.

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It benefits surrounding properties by developing properties.

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It benefits the surrounding commercial units by bringing density to the area and helping

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out the stores such as the Stewart Fifth and Mifflin.

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The area will benefit by removing these vacant properties and the trash and the dumping and other problems that have happened on these vacant properties in the neighborhood.

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And they will not alter the character.

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It's 100% residential, surrounded by 100% residential.

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And the variances are the minimum necessary.

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And the variances are the minimum necessary.

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And again, these properties do comply with all.

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And again, these properties do comply with all of the requirements in terms of height and bulk and open area and things like that.

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So with that, I did want to call on briefly Jonathan Torrey, our real estate expert, if he could be unmuted.

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Matt Ione, could you share the plans with us?

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Sure.

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I'm sorry, I didn't mean to skip anything.

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Oops.

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Okay, these are the plans for 1917.

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And as you can see, you have two bi-level units. In the lower level, you have the living area

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and the kitchen, and you have two bedrooms and two bathrooms on the first floor. And then

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you have a bi-level unit above that. These units are about 1230 square feet each.

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You have, above that, you have, again, on the lower level of the bi-level unit,

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you have the living and kitchen area and two bedrooms and two bathrooms, laundry area.

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In the rear yard, you have a trash area.

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And this unit does have a rooftop deck.

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And that's for 1917, the two-unit structure that is one block, one house in from the corner at 5th and Hoffman.

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And then for 1915, you have a three-unit structure where you have, again, in the lower level, you have a living room and a kitchen and two bedrooms.

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That unit is about 1,230 square feet.

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Maybe it's about 1,300 square feet, I'm sorry, because it's a little larger lot.

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A little larger coverage is permitted.

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It's a corner property.

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Again, you have the trash area behind it.

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you have a one-floor, two-bedroom unit on the second floor, and then on the third and

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fourth floor you have, again, a living area with a den, and above it on the fourth floor

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you have two bedrooms and two bathrooms.

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The deck for this is not accessible by the unit owners.

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It's only accessible for the mechanicals.

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It is not a rooftop deck for use by the unit, the people occupying and living in the property.

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It's solely for mechanical access.

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So let me get this straight.

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Correct me if I'm wrong.

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1915 is a three-unit?

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Yes, it's on the corner.

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No, because on our list, it's showing it as a four-unit dwelling.

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So it's three, correct?

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Three units, yes.

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And the 1917?

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Is a two-unit.

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Two units. Okay. Thank you. Sorry about that. No, no, it's not your fault. On the

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notice that we have, it just says structure for use as a four-family dwelling from 1915.

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It's in fact a three-family dwelling. Okay. All right. I'm sorry. 1917 is a,

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1917, I believe. Hold on. 1917 is a three-unit structure. I am sorry.

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So they're both three units?

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Three units, yes.

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Okay, not four units.

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All right.

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Correct.

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1917, 1915 are both three units each.

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All right.

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Before we get into anything else, do you have your client?

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Do you want to ask your client if he adopts your testimony?

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Certainly.

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Mr. Lasky, Cliff Lasky.

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Mr. Lasky, you can unmute and speak now.

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Hello, Clifford Lasky, Ben Franklin Residences, 1453 Point Breeze Avenue, Philadelphia, PA.

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Good morning. Please spell your full name for the sonographer, please.

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Clifford, C-L-I-F-F-O-R-D, Lasky, L-A-S-K-Y.

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

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Yes, I do.

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Thank you. Mr. Mationi.

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Thank you, Mr. Chairman. Cliff, did you hear my statements?

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Yes, I did.

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And are they true and correct?

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Yes, they are.

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And do you adopt them as your testimony?

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Yes, I do.

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And to be clear, did you want to say, again, the number of units in each of the structures?

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And to be clear, did you want to say again the number of units in each of the

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Yes, to be clear, as you clarified at the end, they're both three unit structures.

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Thank you.

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Okay.

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Would anyone else like to testify in this case?

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If so, please raise your hand.

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Mr. Disley, you can unmute yourself and speak.

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Good morning, sir. Please identify yourself with the record. First and last name. Spell your last

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name and provide us with your address. My name is John Disley. Last name D-I-Z-Z-L-E-Y. Address

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531 Dudley Street. Thank you. Swear and affirm to tell the truth, the whole truth and nothing

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about the truth yes sir please proceed um first of all i'd like to um thank the courtroom for

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listening to me and and some of the neighbors um for our concerns for this thing we feel humbled

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and honored that you're listening to us but i also find myself at a disadvantage today due to

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mr lansky's practice of paying people to come to these proceedings and also simultaneously not

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and giving the opportunity for the community to know what's going on.

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I myself did not even know about this hearing

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until I got the word from State Senator Felder the other night.

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So most of us didn't even know that this hearing was coming up

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to even come in to protest against it.

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I'd like to push back against the lawyer's comment

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that he keeps referring to the 13th to one thing.

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That was people that had nothing to do with this area

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or not would be affected by Mr. Lansky's agenda.

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And the one person that was there was the one

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actually bought the paperwork to me to let me know what went down. None of us in the area,

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and I'm the block captain for this area, was allowed to even participate in the last hearing

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on 1927. Neither has any of us. Sir, sir. Yeah, sir. Let me interrupt you.

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Are you suggesting you had no knowledge of a Zoom, of a meeting? Yes, sir. I'm suggesting

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it. I'm suggesting it was deliberate. I'm suggesting it's a tactic that Mr. Lansky

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He has used all the variances that he's obtained thus far in this area here.

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I have proof of the last one, but I wasn't allowed to present it at the last hearing.

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Judson, when were you advised of this hearing?

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Two days ago, once I called State Representative Elizabeth Fielder to tell her that the community is very upset.

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Judson, about what the community has to say.

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You have to speak on your behalf, sir.

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I speak it on my behalf.

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I called on my behalf as the block captain, as someone who has lived here 55 years and has watched what Mr. Lansky and his attorney has done in this courtroom.

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They have falsified their statements.

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Wait, wait, wait.

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Sir, we're trying to give you the opportunity to be heard, but you're making accusations.

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We're asking, you're suggesting again, or not suggesting, you're testifying that you had no knowledge of a community meeting prior to today?

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Yes, sir.

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you received nothing in the mail no letter none of us no one no one in the area

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we can't you can't speak i specifically received no notice there was no notices up out on the

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property which is by law should have been there until the date of the hearing there was no notices

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on any of the properties ever except for one or two days i personally myself took pictures of the

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three weeks prior to the last one.

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And so far as we're talking about in 1915

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and 1917, none of us even

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knew this hearing was coming today.

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I don't want anybody else to know, Mr. Chairman.

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Mr. Medellini,

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do you have any photographs of the posting?

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I submitted them

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five days ago. I do have them.

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I'd have to pull up another

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open another file, but I do have all the

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photos showing that the posters were posted.

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They were submitted to Ms. Saletta

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five days in advance of the hearing.

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We also sent out, I think it was around 200 letter notices on November 4th

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for the RCO meeting that was held on November 11th.

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We had 13 people, 14 people show up at that meeting.

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It happened to be a terrible night.

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It was a pouring downpour, and I asked the RCO if they wanted to reschedule,

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and they declined to reschedule, but that was their doing, not mine.

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They wanted to move ahead.

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I'm just trying to look down here, 1, 2, 3, 4, 5, we sent out six pages of notices on the email notice.

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So, you know, we sent out every notice on every address that was submitted to us by the Planning Commission, and we sent them out, we sent out...

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the Planning Commission and we sent them out. We sent out both for 1915 and 1917 to, you know,

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notice and also 1927 because they had one RCO meeting all together at that time. But we did

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submit and sent in and we had the open posters up. They were posted. We sent in the photos showing

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that they were posted and obviously Ms. Saleta who reviews all of the requirements

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received them and didn't say she didn't receive them excuse me this is Sharon Saleta I did receive

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the packets they did include pictures of the posting I'm forwarding those to the board right

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now by email okay is there anyone else who would like to testify in this case if so please raise

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your hand. Here we have a Carmen Gervasio. Ms. Gervasio, you can speak now. Good morning.

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My name is Carmen Gervasio. Sir, would you please spell your last name and provide us with your

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address? Last name is spelled G-E-R-V-A-S-I-O. I reside at 536 Dudley Street, Philadelphia, PA,

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eight one nine one four eight thank you you swear in the firm to tell the truth the whole truth

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nothing but the truth i do please proceed um i uh just wanted to state that uh john dimley

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who just spoke um is telling the truth i went out looked at uh the property and at the uh the sites

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there was no zoning notifications um we did take pictures and also uh i'd also like to say that

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you know bringing in another multi-unit uh building in our neighborhood is is just going

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to choke us out takes up parking you know you add one unit you're going to add four cars um i think

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there's a little bit too much speculation mr chairman just think uh sir um when did you said

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there was you so there were no postings no we went out um i have pictures dated from

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Let me look.

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December 14th, I don't see any postings of any zoning meetings.

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Mr. Marioti, Sharon just sent us the postings, I think.

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13th and 8th.

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So it wouldn't have been posted on December 14th.

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That's what I'm getting at.

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