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Hearing video

ZBA Hearing - September 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20205h 34m

I do.

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Thank you. Please identify yourself with a record.

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Yes. Good afternoon, Mr. Chair, members of the board.

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My name is Alan Ockamson of Ockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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I'm sharing my screen right now and showing you the packet of materials for this zoning matter.

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Let me just get the right one.

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Okay.

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And along with me is Jared Gruber, the owner's representative.

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So the packet of materials include eight exhibits.

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The first one is the agreement of sale for this particular matter for 631 East Thompson Street, LLC.

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The second exhibit is the tax clearance certificate showing that the property is in good standing.

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The third exhibit is the notice of refusal.

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So this is an RSA-5 property, and I would say that it's an RSA-5 property in name only.

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If you look at the zoning file for this property, since 1900, this property has been used as a garage for storage and repairs of motor vehicles.

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Now, there has been a residential component for this property, but just to repeat, like this has never been used solely as an RSA 5 type of property.

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And you'll see from its conditions, it looks like nothing like an RSA 5 property.

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So what we're proposing to do is take 631 East Thompson Street and 633 East Thompson

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Street, consolidate the lots, and repurpose the garage structure, which is currently in

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a dilapidated condition, and repurpose it for professional and office use, as well as

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to repurpose the driveway that's there and to allow us to put accessory surface off-street

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parking spaces there.

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And the purpose of this acquisition by the buyer is this is going to be purchased by an entity which is also affiliated with JG Real Estate.

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A little background about JG Real Estate.

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They've been around since 2011.

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They employ approximately 50 people in the Fishtown area.

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Their operations are not far away from here on the 1100 block of Frankfort Avenue.

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What they need, though, is additional space because they're outgrowing their space, which is a good problem to have.

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You know, Philadelphia Inquirer has recognized them as one of the top 100 companies, private companies in the Philadelphia area, you know, in terms of growth.

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And because of that, they've outgrown their space on the 1100 block of Frankfort Avenue.

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And they're looking to put a satellite office here for some of their workers and to keep, you know, the jobs in the 19125 zip code.

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Here's our application for appeal.

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Along with our project information form.

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Here you'll see where we are.

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So here's 633 East Thompson Street.

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And then you can see 631 East Thompson Street is a flag-shaped lot.

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you'll see the photographs of the property so as you can see this is a property in desperate need

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of some TLC and we're hoping to do that by way of this proposed variance application you also see

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that there's a pre-existing driveway here so we're not creating any off-street parking where it

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hasn't existed well for well over 100 years you'll see properties to right of us and properties to

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left of us and then you'll see our plans so this is the rendering of what we're trying to do

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so we're trying to incorporate a property uh that is going to hopefully be a business and

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office use but we're trying to make it in a way that adds to the uniqueness of fish town right

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fish town like prides itself if you look at the fish town neighbors association website they

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pride themselves on being unique to having a diversity of types of buildings within their

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to having a diversity of types of buildings within their neighborhood.

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But most importantly, they pride themselves on preserving the history of Fishtown.

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So what we're trying to do is build or repurpose this lot so that when you walk by it,

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you would think that it has been there for well over 100 years.

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So if you saw the pictures of what this lot originally looked like or currently looks like

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and compare it to, like, what we're proposing, it's night and day.

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But the materials that we're looking to use are brick, wrought iron fence, landscaping,

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and most importantly, to repurpose the garage.

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And you'll see it better here.

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You know, again, this is going to be a satellite office.

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We're hoping of JG Real Estate.

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Their office hours would be 9 to 5.

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they're not accepting any clients here but they just need administrative space so they want to

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have as light a use on the property as possible and to have to create as much light in air for

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the surrounding uh property owners but you'll see that we're trying to create it more of as a park

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atmosphere you know for the p you know so people would when they're walking by they don't think of

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this as an office building and then here are just the plans of what we you know plan to do again

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off-street parking, repurposing the first floor to store some of their vehicles, and then office

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space on the second floor with an open floor plan and layout. Now, we did meet with the Fishtown

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Neighbors Association. Now, there was no vote taken, which is rather disappointing to us because

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we do believe that there's much support in the neighborhood for a property of this sort or a plan

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of this sort. So we did meet with them. They refused to take a vote. They had their zoning

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committee vote on this project. So what were they receptive and supportive of? Reuse of an existing

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garage instead of demolition. Again, the Fishtown Neighbors Association as well as Fishtown in

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general prides itself in preserving their history. So that's what we're trying to do by way of this

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project uh things that they uh were concerned about the community felt that allowing this

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project would create a precedent allowing for conversion of a mid-block rsa5 property to a

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commercial use we're not creating a precedent we're actually preserving the past of this

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property again if you saw the property it's always been a garage and so instead of having a garage

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there which we don't think is an appropriate use we're trying to repurpose the space to make it

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into a lighter use, a more appropriate use for that block in terms of a business and professional

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office building for a boutique real estate company where they would not have that many

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employees in there. And one in which has grown over the course of 10 years to 50 employees.

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You know, the next issue that Fishtown Neighbors claimed that the neighbors had

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was that this project would create a precedent of off-street parking for multiple vehicles

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for commercial use mid-block RSA 5 lots.

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Well, again, if you look at the zoning file,

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this property has been a commercial garage for well over 100 years in its past.

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So we're not creating a precedent.

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We're actually preserving the history of this property.

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They said while the site was previously approved for use as a garage to make repairs to vehicles,

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The property he used was for a single-family and private storage and repairs of the owner's three vehicles.

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Yes, that was the most recent use before the lot was vacated, was that there was a single-family component,

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and then there was a garage component where he did work on his cars.

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But if you look further and deeper into the zoning history, as far back as 1900, again, this has always been used for commercial means.

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And even here, it was commercial means.

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uh they're concerned that after the applicant outgrows and sells the current property to

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another owner they're going to abandon the space as you can see from the drawings that we provided

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we're putting a lot the the owner's putting a lot of money in here he's you know before he um he

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worked in fishtown he lived in fishtown so he has many roots in fishtown and his hope is to continue

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having this property you know over the course of his business's lifetime and it's exponentially

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grown in just 10 short years so this is the community notice we gave you'll see that there

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were 99 properties that we gave notice to so I appreciate that Fishtown Neighbors provided us a

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So I appreciate that Fishtown neighbors provided us a forum to have, you know, to have a discussion about this project.

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forum to have

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What we were upset about was the fact that there was no vote taken.

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So we, after the meeting, had, we both had people write letters, one of which is a commercial operator, BND Auto Service Center, which is around the block, which shows the commercial nature of this area in Fishtown.

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We also had someone who was close by on Tulip Street.

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And then we actually had a petition generated, you know, COVID-19 style, where we had everyone

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DocuSign.

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But, you know, but they all signed it because, you know, we've been very careful about, you

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know, distributing a petition door to door.

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But we thought it was important enough to have, you know, the board understand that

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we have overwhelming support.

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Maybe some of the board members don't feel like this should happen of the Fishtown Neighbors

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Association, but the community in general does. And one of the things I would point out is the

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fact that we have 627 East Thompson Street, the neighbor to our left or the property owner to our

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left who signed this petition. We also have met personally with the owners of 1314 East Burke

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Street, and they were also on the Zoom call or the community meeting call. And if you look at where

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they are in relation to

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so this is 1314

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East Burke Street

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but exactly against

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the rear of our property where the building structure

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would be. They would be the most

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affected. 627, look at

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East Thompson Street

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they would be very affected

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but the owners of 1314 East

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Burke Street has told us

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personally that they're in support of this

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project and i i would like to quote what they stated unfortunately they can't be here today

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they believe we are salvaging a building structure which has become the an eyesore to say the very

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least and it's a superior option in comparison to other planning alternatives so they actually

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appreciate the fact that we are going to be building to their side and 627 signed the petition

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as well um so that's my presentation in a nutshell now i do have jared gruber the owner of jg real

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estate and who will also be the owner of this property on the line uh jared can you uh virtually

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raise your hand to acknowledge your presence yep i raised hand i think i'm unmuted as well

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Okay, Jared, can you state your full name and address for the record?

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Yep, Jared Gruber, 1140, Frankfort Ave, Philadelphia, PA, 19125.

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Mr. Chair, would you like to swear?

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Yes, sir.

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Would you please, do 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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Please proceed.

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All right.

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Jared, why did you select this site to purchase?

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A few reasons. Existing building largely met my needs. And I know Fishtown specifically, the neighbors, the residents are impacted by construction and largely hope to keep construction activity reduced as much as possible.

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So I thought it was a good opportunity to reuse an existing structure, which also met my space and kind of logistical requirements.

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So my secondary site, my satellite site, needs to be in close proximity to my main office.

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This is about three minutes away from my main office.

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It offers some ability to have some off-street parking.

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It offers the ability to have that second floor be used for 10, 12 desks.

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And then, you know, again, it also allows me to minimize construction.

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So it really seems ideal.

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And I think these types of commercial properties are, even though it's embedded within, you know, the RSA 5 zoning district, it's actually pretty typical.

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There's a lot of neighborhood, small neighborhood commercial, kind of low impact stuff embedded within residential blocks in Fishtown.

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So I thought for all of those reasons, it was a good fit for me.

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And what would happen if you weren't able to put your satellite office at 631-33 East Thompson Street?

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Well, unfortunately, I've had to think about that a lot because obviously the zoning hearing could go one of two ways.

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So given the expansion, given the need for parking, given the need for the secondary location, you know, if I don't get the variance, I need to figure out another location.

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Another location could take the form of another satellite office if I can find it.

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The more likely path is that I re-look at the entire office and probably take it out of Fishtown because it's difficult to find offices or sites in Fishtown, which meet my needs.

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offices or sites in fishtown which meet my needs yes so again another argument that i know is not

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Yes.

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zoney related is to is to keep the jobs in fishtown um mr chair members of the board you

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know jared gruber's company jg real estate um is if you look them up it's well known in the

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philadelphia region they've grown in in a short 10 years to over 50 uh workers in who primarily

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live in the 19125 area code and you know alternative plans would be to you know move to

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another location in philadelphia but also take away those jobs in fishtown as well so which mr

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gruber does not want to do so we're trying to put together a like a property that makes sense

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because of its history given the given the the character of fishtown which embraces these

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alternative types of buildings and sites and to preserve the history of fishtown by way of this

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building and the fact that we're keeping you know the jobs in a zip code 19125 where many

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of mr grouper's employees uh not only work but live we're hoping that the board look at the

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petition, look at the letters of support, look at the proximity of those people who

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signed the petition and who signed those letters. And, you know, overlook the fact that, you know,

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the Fishtown Neighbors Association opposes it in name only through their executive board,

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but not by the members of the community.

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I have I I have concluded my presentation yeah I think we lost the

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the chairman. I think it appears we lost. Confessor? Yes, Sharon? No, it's Tanya.

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Tanya, I'm sorry. It looks like we might have lost Frank.

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Okay. Is there anybody else that wish to speak in this matter? Please raise your hand.

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so

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confessor i do have benice whitaker benice you can unmute yourself and wait to be sworn in

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hello can you hear me yes we can hear you do you swear or firm to tell the truth the

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truth and nothing but the truth?

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Yes, I do.

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Okay.

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Can you please spell your...

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Hello?

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Can you please

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please?

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Yes, I'm here.

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It's Venise, V-E-N-I-S-E

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Last name Whitaker, W-H-I-T-A-K-E-R

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My residence is at 1468 East Wilt Street, 19125

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Okay, are you in opposition or are you in favor of this project?

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So I'm calling in opposition of this project

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I was attending the Zoom meeting, which was very well attended by the neighbors

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throughout the zoom meeting the neighbors spoke against it there was only one person who spoke

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for it numerous people spoke against this project overall this is zoned for residential not

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commercial there's no need for a real estate commercial office in a residential area our

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commercial corridor is where this should be we have tons of empty storefronts that this

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realtor can go into who's already on Frankfort Avenue. In addition, we have five to six realtors

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