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Hearing video

ZBA Hearing - September 2, 2020

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

along Girard and Frankfort and Front Street already. So we do not need a real estate office

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within a residential area. The reason, my understanding, the reason that F&A did not do

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a vote from the community, because there was no way that they could have those votes valid.

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I can't speak for F&A, but I know that they were going through that. But people spoke against this

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project. I personally think it's questionable when you have a petition going on during a pandemic

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but you know overall the neighborhood spoke against this project and requested for the FNA

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spoke against this project and requested for the FNA board to vote against this project.

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board to vote.

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So I am asking as a neighbor in Fishtown for the ZBA to file the vote of no and

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Support the neighborhood's vote of no and with no exceptions. Thank you.

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Okay, oh

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So can I just respond to that just in general?

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um the reason why we're looking at this site is because of the parking that's been allowed on this

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site since 1900 so we're again the the site is allowed for parking and that's why we're looking

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for it and again this has been a commercial property since for over 120 years or in some

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facet at least. Okay, confessor, we have Kevin O'Neill. Kevin, you can unmute yourself and wait

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to be sworn in. Hello. Oh, and before Mr. O'Neill testifies, the other thing is, in terms of the

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petition. Sorry, can you pause for a minute, please, Alan? Oh, yeah, sure, sorry. It looks like we lost

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confessor, but you'll hold because we all are having connectivity issues.

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Okay.

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i apologize i lost you all for a minute

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can you hear me okay confessor thank you um so alan was speaking and mr nakasun you can continue

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Thanks for your understanding.

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Thank you, Tanya.

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The only other item I would point out is that we did distribute the petition,

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but if you look at the petition, we did not distribute it in person.

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We would never put anyone at risk.

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So the petition was actually done virtually,

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and we have electronic signatures of all the individuals.

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And in particular, we have the individual who owns the property next door at 627,

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east thompson street in support of this project thank you

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okay confessor we have kevin o'neill kevin o'neill you can go ahead and wait

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to be sworn in before you speak

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confessor mr o'neill is prepared to be sworn in okay

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and you said you didn't get

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Mr. O'Neal

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I'm here

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sound like you about to fall out again

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confessor

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Jim are you available to swear him in

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I'm sorry what was that

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are you available to swear in Mr. O'Neal

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oh sure uh mr o'neill do you uh do you affirm to tell the truth all truth and nothing but the truth

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yes i do okay great to tell the truth the whole truth and nothing

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yes i do um this is sharon saletta i just wanted to say i got a text from

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chairman to chico he is trying to reconnect but ask that a confessor handle the case until then

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confessor you're not very clear

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it's like you're in and out but mr anil you can proceed with your testimony

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okay thank you um i live at 613 east thompson street uh just down the block from this site

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and i also am in opposition to the uh to the variants um really for for one specific reason

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um i don't feel that commercial use with multiple vehicles going in and out of this

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site um throughout the day is is a is a safe idea i don't feel that it's within the spirit of

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RSA 5. I realized that there was some question as to whether or not this has been used as a

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commercial property, but it currently is not, and I haven't seen it being used as such in quite

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It currently is not, and I haven't seen it being used as such in quite some time.

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Right now, as of today, this is a residential block.

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There's no businesses operating here.

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And if anything, we have Penn Treaty Middle School directly across the street,

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and we also have Alexander Adair School, which is two blocks down the street.

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on a daily basis during the school year this is a major pedestrian thoroughfare there's a lot of

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kids a lot of parents coming and going and it doesn't seem that you know adding a curb cut

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situation with a business that would have employees and I think at the meeting it was

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discussed that there would be you know maintenance vans going in and out of that driveway as well

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that that doesn't seem like it's a you know safe situation for the block I think that's going to

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create congestion there's school buses that park across the street as well and then there's also

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the question of you know once this becomes commercial that variance would be would be

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permanent and as much as most of the people in the neighborhood are supportive of JG real estate

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we don't know what would happen down the line if they move out and a different business takes over

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and still gets to, you know, keep that that variance intact. So yeah, I just would like to

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request that the board deny the variance. And I also want to reiterate that on the Zoom meeting

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that took place a couple weeks ago, there was significant opposition to the project from

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neighbors that live within, you know, a close distance to that. I think that, you know, I would

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guess that the petition that was submitted represents more of support of the general

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community of the business itself but most of those signatures uh i'm assuming i'm you know

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my guess is that most of those signatures are not from neighbors that live um on the block or or

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adjacent to the property i think if if those um you know votes were taken or if that was uh if we

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had a tally of how those people would vote it would look a lot different than that and and most

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people um you know in the immediate vicinity would would not be in support of this project

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uh that's all i have thank you uh so i just would like to respond in kind so our petition

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actually has the owner or an extra neighbor to the left 627 east thompson street in support

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And I stated, you know, previously during my presentation, 1314 East Burke Street, which is right behind us, is also in support of it.

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So we have 627 in support, 1314 in support.

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And again, what?

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Excuse me, go ahead.

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I'm sorry.

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Oh, and, you know, in terms of the, you know, taking an RSA 5 property and converting into commercial, again, the only thing that has any residential history is, you know, there was a small portion of a history of one of the lots to have single family use.

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but they had also he had his business on there a garage so it's always since 1900 there's always

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been a commercial component a garage where cars would go in and out what we're proposing would

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have a lot less use in terms of you know car traffic back and forth and then finally in terms

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of like what happens if jg real estate decides to move to another location if you look at it

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we're repurposing uh the the garage structure that's in the rear we're not like what we could

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have done if we wanted to like really overuse the property is to either demolish this building or put

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or or expand this building outward towards the curb or to the front of the property we're not

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we're just repurposing this this two-story building that's in the rear and we're trying

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to create an atmosphere that looks more like a park and less like an office building and then

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the other thing to point out even if jg real estate happened to leave only the second floor

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is used it's being used for offices so again it's not going to be a type of use or a type of design

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or layout where you're going to have an ability to even overuse the property even if someone

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wanted to so we we thought about all this again jg real estate is situated in fishtown they have a

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clientele in fishtown you know they most of their a lot of their employees are in the fishtown area

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they wanted to they want to remain in fishtown and this is the way they're going to be able to

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hopefully do it

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okay confessor we have jennifer

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We have Jennifer.

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Here we go.

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Jennifer?

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Yes.

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You can unmute yourself.

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I'll wait to be sworn in.

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Thank you.

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Can you hear me?

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Yes.

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Either confess or not, Jim, she can be sworn in.

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Okay, Professor, she can be sworn in.

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Okay, Jim, we're going to have to take it to you.

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Can she be sworn in, please?

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oh sorry tanya just having a little trouble getting on can you hear me

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yes yeah we all are having issues it seems um so in the efforts of continuing can we swear

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Ms. Jennifer in and ask her to put her name on record? Sure. Jennifer, do you swear to tell the

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truth, the whole truth, and nothing but the truth? Yes. Name and address for the record?

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Sure. My name is Jennifer Romanow, R-O-M-A-N-I-W. Address is 840 East Thompson Street.

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thank you proceed sure i'm here to register my opposition in the rezoning of property at 631 to

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633 thompson street i live about one and a half blocks from this and i'm also speaking on behalf

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of my grandmother who lives at 635 east thompson street i'm going to object i'm going to actually

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object in terms of here on the ground i'm her power of attorney i'm her power of attorney so i

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I can speak on her behalf as well actually this is Sharon Saleta the power

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of attorney does not authorize you to speak at a quasi-judicial yes you can

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speak on your own so as a reminder to this committee I am my grandmother's

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power of attorney. Hello? Yes, we're here. Okay, I was muted for a minute. So granting

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this variance would cause a permanent hardship for my grandmother and the rest of my family

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that are immediate neighbors and sets a precedent for adding this commercial activity on a residential

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block. Let me just remind you that the reason the photos that were shown earlier look the

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way they do is because a developer who owns the property currently at 631 to 633 Thompson Street

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made the decision to dig in the basement without a permit and without engineering supervision

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which caused the ultimate collapse of the property that was there as well as my grandparent's home

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with them in it. So that's a misrepresentation that the property looks the way it is now.

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it looks that way because something was done purposely so since this collapse my

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95 year old grandmother and two family members who resided there they've had to

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rent a home about 13 miles away on a good day is a 30 minute drive to the

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closest family member this has been a hardship since the collapse my

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grandmother and family members have had to incur thousands of dollars of out

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of pocket costs countless hours of city agencies and professional services to

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get their home rebuilt. This is a hardship and these are just some of the hardships my grandmother,

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my family, and myself have had to endure at the hands of developers who feel entitled to do what

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they please. These hardships, however hard they've been, are temporary. Branding a zoning variance to

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convert this property to commercial will cause a permanent hardship for my family that will in a

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few months be back in their home at 635 Thompson Street that is currently being rebuilt. And let

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me say one thing about 627 Thompson Street. So I'm actually going to object just because

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like a lot of that was irrelevant and going towards 635 and that person's not here. But

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if they're going to go to 627, I think that's clearly irrelevant. So I'm going to object to

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that. And I do want to respond, obviously, that we're in no way involved with what happened at

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631, 33, or 35 East Thompson, but I'm going to object if she goes to 627.

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Jennifer you can unmute yourself and continue to testify regarding the property of issue

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Jennifer, you can unmute yourself.

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hello yes okay so my family did not get the opportunity to see any kind of position petition

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and the image that was shown most of the addresses that I've seen on there were not in the immediate

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area and I agree with the person that presented earlier they were not in the immediate area

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so my grandmother is medically fragile with serious health issues my other families who

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family members who live there are also vulnerable one has a serious medical I'm gonna so I'm gonna

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object again. I don't think those are zoning related issues. I also don't think that she

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doesn't live at the property either. So she's testifying on their potential issues

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that are non-zoney related. Okay, Jennifer, you can unmute yourself.

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hello is there a way that um i can finish without being interrupted and the objections can come when

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i'm done okay um for one thing um i just want to inform you that the chair um has had a problem

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connecting and the other board members as well um they're both there are three board members on the

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line however the idea is you speak to the zoning related to the address of question and um the

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attorney has the right to object okay okay so if you could summarize regarding i'm at the end of

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my testimony if i could get through it okay he can't object so we're clear okay yep so according

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to the presentation at the community meeting the planned development this driveway would be used

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for commercial vehicles for property management and for the vehicles that will be there daily

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so the idea that 633 and 631 used to be a commercial site is not entirely accurate so

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in the early 19 when my grandparents bought the house in the 50s there was a trucking company

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there prior to their purchasing it in the early 1980s there was a zoning variance that allowed

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the person that lived there who owned commercial vehicles to park his vehicles there in the garage

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it was not a commercial business the only property available the other issue that

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they brought up during the zoning meeting that this is the only property available and usable

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for the project in the neighborhood and therefore there are no other options this is not a hardship

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the other issue they brought up was the company has expanded and can no longer fit in their

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current space this is not a hardship their commercial vehicles property management trucks

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cannot be 15 minutes outside of the neighborhood because it would delay services this is also not

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a hardship these are not hardships that would necessitate a zoning variance the point mentioned

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are all business issues that need to be addressed and they should not they should not change the

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zoning to impact all the immediate residents on that block with constant commercial vehicles

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and potential alarms that they said they may put on the garages or on the gates when they open

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okay confessor and jim i have another person andrew so oh so um tanya can i just respond in kind

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thank you uh so first of all i do want to set the record straight that we were in no way involved

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with what previously happened at 631 and 633 east thompson street my understanding is that there

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was an irresponsible developer who had, you know, I don't know if they did it without permits or

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whatever, but we're not that person or that company. You know, we're purchasing this property

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with the hopes of repurposing the garage portion that's in the rear of the property, which has been

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there for well over 100 years. And even as Jennifer testified, I believe her name is Jennifer,

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um this there's even more uses than i even realized there was a trucking company in the 1950s

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here and i would dispute the fact that that there was no commercial use since then because if you

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look at the zoning file there was actually a variance granted to allow whoever owned that

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property to actually fix not only his own vehicles but other vehicles and so there was garage

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to actually fix not only his own vehicles but other vehicles and so there was garage

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All right.

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there for many many years before this property got vacated in terms of alarms that

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she mentioned that was actually at the behest of the community they wanted a mechanism where

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we can open up the the front gate of our property for protective purposes so that you know when

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