civus
Hearing video

ZBA Hearing - July 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 13, 20225h 14m

have the notice of refusal correspondence from the 44th democratic order coordinating rco uh nearby

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properties with multi-family use uh so what we're proposing to do here is a two-family structure

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on almost 1,500-square-foot plot.

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So what we try to do is not only emulate,

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you'll see from the picture,

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the look of the properties,

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our property compared to surrounding properties

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by having a porch, by having a mansard roof.

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But we also try to emulate the uses

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of similarly situated properties in close proximity,

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especially when you're concerned

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this is a 1,500-square-foot plot.

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So you also see maps of the area.

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in the maps of the area, photographs of the property in the surrounding area, our plans

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and drawings, our RCO meeting notice, our application for appeal to the ZBA, our deed

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to the property showing that higher rate developments in the owner of the property, and our certificate

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of tax credit showing if they're in good standing with the city of Philadelphia. So we only

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have one refusal here, and that's a use refusal. So this is an RSA 5 property. So if this

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board is inclined to grant our variance a couple things um there was and we'll see in the letter

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um there was concerns about the roof deck um first they were like it's not even shown on the plans

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and i kept pointing out yes it actually is shown on our plans but with that being said you know

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we came to the conclusion uh that it just didn't make sense for this community to have a roof deck

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for this property to have a roof deck this community does not like roof decks so if this

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board should grant our variance we would ask for proviso no roof deck there were you know concerns

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about you know parking we indicated that although this is a pretty large lot you know if we provided

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additional off-street parking that would be an additional refusal possibly we don't we would

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take beats basically swapping a spot on the street for one off the street which you know most times

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community members don't like because you know they're they're concerned that you're taking

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public parking off the street for a specific uh property but you know again we really never talked

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about the merits of this matter they again their focus was on the roof deck and we tried to calm

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their nerves in with regards to just eliminating that. So here are similarly situated properties.

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14 St. Bernard Street, right? This board granted a similar type of variance for a two-family dwelling

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on July 19, 2021. Almost a year to the day, this board granted a similar variance of two units.

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22 St. Bernard Street, October 20, 2021.

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Also, this board granted a two-family dwelling on this same block.

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There's 18 North St. Bernard Street.

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It's a duplex.

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16 St. Bernard Street is a triplex.

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26 St. Bernard Street is a triplex.

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4902 Arch Street, which is around the corner from us, is a triplex.

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so there is a mix between multi-family use and single-family use and then you can see

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here we are on the block we're on the corner or just off the corner of arch and north safe and

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arch street uh and you can see here uh we're just not that far from market street and we're not far

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from chestnut street we have ample public transportation as well and we're of course

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from a you know a you know a big facility here that's not residential in nature and then photographs

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of the property you know this is a slew of vacant lots so what has been developed many of them are

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multi-family others are more uh vacant lots and then this is the property since 2007. we really

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try to go back to see what the history of this property is and you know for at least 15 years

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and it sounded like more from a community meeting this has been a vacant lot this

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that has not been tended to you know we have tended to it um and you know i think it's time

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to develop this lot in conformance to what this board granted twice in 2021 on this law

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and in addition to other properties in close proximity as well so you can see this is a porch

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neighborhood and they have mentor groups so again to respect the integrity of the neighborhood

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that's what we designed i always i always encourage my clients to design based on what

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the neighborhood looks like right every neighborhood should be unique right if you walk by the

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property built or used as proposed is it something that fits within the fabric of the neighborhood

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or does it stick out like a sore tongue at least here you look at it it's something that fits

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at least here you look at it it's something that fits within the fabric of the neighborhood

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within the fabric of the neighborhood

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in the sense of we are providing a porch a sense of community we are providing a mansard group with

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architectural interest just with a modern twist and then in terms of the use again similarly to

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two projects this board has granted in the past year as well as multiple instances of existing

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structures we're only asking for two units on a 1500 square foot lot this is an rm1 property which

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is not, you know, technically would be allowed for four units. And this is North St. Bernard's

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left of the property. Example Interiors, again, another Kumas project where you can see quality

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of product. Nice hardwood floors, kitchens, you know, bathrooms, light and air. They take great

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pride in their product. And they're Philadelphia run and own company. So they build where they do

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business. So in our plants and drawings, again, just to see the brick facades, modern twist in

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terms of the porch and the mansard roof, a lot of light in there with those big windows.

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And then again, this is just the elevation in this site plan. We're not asking for any

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dimensional variances. We're not asking for something that's too high or taking too much

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lock coverage here. We're just asking for a use variance, which under the circumstances

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would make sense. Oops, sorry. And then we have floor plans. So we have two bi-levels,

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the first floor plan, the lower unit is the first floor and the basement level, and then

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the second unit is in the second floor and third floor. Again, even though this says

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roof deck, we would ask that if this board did approve this variance request, that they

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would advise out no roof deck. And then we met on June 13th at 6 p.m. 86 addresses were

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notified is the list of the addresses, proof of mailing,

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our application for appeal to the CPA,

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along with our notice of refusal

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and project information form, and our deeds of property.

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And the last document is our proof

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that we're in good standing with the city.

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With that being said, I will have Mr. Eze

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verify and dock my testimony as though it was his own,

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and then we can answer any questions

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support you may have. Mr. Eze, state your name, please. Yep. It's I-F-E-A-N-Y-I-C-H-U-K-W-U,

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last name E-Z-E. You were already sworn today, so proceed. Mr. Eze, you've heard everything I

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stated today. Yes. Is it true, correct? Yes. I do. Okay, questions from the board?

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no mr chairman thank you jim questions or comments from the virtual audience

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chair we have eileen perlman okay miss perlman you can unmute yourself and wait for the chair

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hi could you state your name and spell for the court reporter please

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eileen i-l-e-n-e last name perlman p-e-a-r-l-m-a-n right do you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do do you live in the area ma'am

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yes okay proceed um so the property the property

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eileen we're losing you miss perlman we're losing you

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one year ago we basically it kind of went under the radar and we didn't know now we know can you

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hear me now yes anyway the one that they got past the same company down the street we i guess we

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just weren't paying attention and we didn't realize what was happening

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that are all on here now some of them might have had to go because they had a big building

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we as a group do not want a four-story building well you can only speak for yourself

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i'm sorry chair it seems to be technical problems and we can move on because the

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court reporter will not be able to get that information i agree is there anyone is there

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anyone else in the virtual audience chair we have patrick richardson mr richardson you can

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unmute yourself and wait for the chair please

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Hello. Hi, Mr. Richardson. Could you state your name and spell for the court reporter?

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hello hi mr richardson could you state your name and spell for the court reporter

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My

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My name is Patrick Richardson. That's first name P-A-T-R-I-C-K. Last name Richardson,

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spelled R-I-C-H-A-R-D-S-O-N. Right. Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth? Absolutely. Proceed, sir.

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uh i am a owner in a single family unit of uh across the street and just down this is unit 31

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i wanted to uh register my objection to the addition of any more multi-unit uh and renter

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attracting properties um i've come i've lived here for about eight and a half years now

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and I see a great disparity between the cohesion of the families that know each other

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and own property and the transient occupancy and parking and presence of the renters that come

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through. Okay. So I'm objecting on that basis. Thank you very much for calling in. Is there

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anyone else? Chair, we have Alyssa Swifter. Ms. Swifter, you can unmute yourself and wait for the

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chair. Hello, can you hear me? Hi, yes. Could you state your name and spell for the court reporter,

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please? Yes, my name is Elsa Swider, A-I-L-S-A. Last name Swider, S as in Sam, W-I-J-T as in Tom,

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ER. Do you swear a firm to tell the truth, the whole truth, and nothing about the truth?

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I do. Proceed. So I also live on the block owner, and as mentioned before, I do want to state for

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the record that I, two things. One, we did not get a lot of advance notice regarding this. I

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understand that there's some trouble with seeing the sign from other neighbors, so we've tried to

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pull ourselves together as quickly as possible but further a lot more of us were on the call

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earlier today I wanted to voice our individual objections but we this because of the duration

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of the time that this has taken a lot of us haven't been able to stay for the full duration so

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I am concerned that not everyone is going to be able to get their chance to to voice their concerns

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as far as my personal concerns regarding this unit I am opposed for this unit I think there

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are a couple concerns specifically the parking situation this is a one-way street it's very narrow

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and there is not a lot of parking available for a unit and we're not sure there are other

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empty lots too so our impression is that there's going to be some intention to build additional

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units in those empty lots as a further development plan down the road which would further aggravate

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the parking situation. And also, we really do support and rally around the green spaces on this

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block. We have two community gardens, one in that space, the green space that the development is

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being proposed in, and one across the street. And the community gardens have been a really good

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sense of cohesion and really important for our community as a block, and we're concerned about

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losing that space. All right. Thank you very much for calling in. Thank you. Is there anyone else in

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the audience that has something different to offer? Chair, we have Sean Rosner. Mr. Rosner,

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you can unmute yourself and wait for the chair. Hi, Mr. Rosner, state your name and spell for

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the court reporter, please. Sean Rosner, S-E-A-N-R-O-S-N-E-R. Do you swear for him to tell

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the truth, the whole truth, nothing but the truth? Yes. Do you have something different that you

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offer them what we've heard, Mr. Osner? Slightly different. I can piggyback on what Elsa said,

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is that there is a pretty strong opposition on this block to this development. As I understand,

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there was a very highly attended community meeting, and it was struck down. I also understand

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that the official position of the 44th Democratic Board is in opposition to this project.

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and I wanted just to say that the empty lots

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that this project is proposed on

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it's by no means a problem to our block

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actually it's one of our biggest strengths

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it's a huge community gathering space

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where we have birthday parties, movie nights, and cookouts

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and I think it has allowed our community personally

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to forge something that's truly special

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in the city of Philadelphia

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and I think the amount of opposition you see today

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stands to that

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Personally, I've been developing a community garden a lot adjacent to this proposed

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development for the last three years and as an individual who doesn't have a very

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As an individual who doesn't have a very high income, this is a really important source of nutritious food for me and for my neighbors.

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high income, this is a really important source of nutritious

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Not to mention the amount of community bonding that happens throughout gardening.

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All right, Mr. Rostner, thank you for calling in.

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Is there anyone else that has something different than what we've heard?

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chair we have deborah charmalus miss charmalus you can unmute yourself and wait for the chair

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hi um hi wait could you spell your name please for the court reporter yes my name is deborah

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charmalus you spell it d-e-b-o-r-a last name c-h-a-r-m as in mary e-l-u-s deborah charmalus

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

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I do.

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Could you do me a favor?

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Please, if you have something different, please offer it.

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Okay.

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I can only affirm everything that everybody has been saying.

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It is not a vacant lot.

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It has been used as a community garden.

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I, in addition to Sean, use that lot, the lot adjacent to it.

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I believe it should be 48th North Bernard Street as a source of food.

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Okay.

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Thank you so much.

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Thank you.

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Thank you.

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I have a question.

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Yes, yes.

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I have a question.

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Yes.

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Do you own the lot?

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I do not.

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We do not own the lot, but we still, we all from the block.

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We're just using it.

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Yeah.

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Utilize it.

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All right.

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All right.

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All right.

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No, if you have something different, please offer it.

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If not, we need to move on.

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Chair, we have at least three more hands up.

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I'm not going to do the whole block.

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tell whoever has their hand up if they have something to offer that's different we're going

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to call you if not that last person just reiterate it again so please anyone who has

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