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Hearing video

ZBA Hearing - March 24, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 24, 20215h 56m

entrepreneurs like, let me see, Mark Lamont Hill from Uncle Bobby's,

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Janine Cook from Harriet's Book of War, etc. Have any of those folks you just mentioned,

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have they had any conversation with Mr. Laver's client? No, but just to serve you, which is at

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57th and Girard, they have. And for whatever reason, it fell apart. And I don't know what

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that reason was. If you can summarize, I'd appreciate it. Thank you. We have a list of

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other folks that want to spend. I'm sure. And one of the challenges that we have with a lot of the

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fast food restaurants that have been proposed, including Popeyes, are that these will not pay

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family-sustaining wages. And moreover, they're not going to attract more businesses to our

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business corridor. It makes it very difficult for us to say to other places that we are a

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neighborhood that welcomes walkability and environmental justice and democracy when we

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have yet another place that is not showing our neighborhood to be fun and interesting. And we're

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looking at places like Brewery Town, we're looking at places like West Parkside, and unfortunately,

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the proposals that we've received are not in that character. Again, we've been working with

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Mr. Goldstein for three years, and none of the places that he's, except for Justice Erview,

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have been are in any way remotely appealing to East Parkside residents. So I have to wonder,

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who is this drive-thru for? This drive-thru isn't work. I'm sorry, Chair, if I could interject that

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we call time i hate to be disrespectful i understand ma'am we didn't start the case

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the full listing yet thank you okay well i'm gonna thank you very much so let me let me ask

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you this ma'am is the what is is is the fact that it's a drive-thru restaurant is that driving the

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opposition yes okay all right thank you if it were a window we would love it mr mr chairman

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members of the board um out of true respect for ms mcfadden um i i have uh hit my lip from uh

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objecting repeatedly to statements made uh which are in many ways inflammatory and um

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pure set uh but uh her position itself is is one that uh as i stated earlier

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unfortunately had to agree to disagree. I am concerned that at the first meeting

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there was reference made verbally and in correspondence submitted to the board

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that there were 44 neighbors who attended and 44 opposed. I realize it's difficult for RCOs to

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count votes and opinions particularly in a virtual setting. I observed as a participant

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that there were some who were in support at that meeting.

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So I question that,

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but in the interest of time and respect for everyone,

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I don't wish to cross-examine anyone at this point in time.

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cross-examine anyone at this point in time. I do see that Mr. Simmons, who I wanted to speak earlier,

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I do see that Mr. Simic

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appeared to be able to unmute. I don't know if the board wants to call him back or not.

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Mr. Simmons, are you available?

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Your hand is up, but you're still muted.

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That's a shame. There we go. There he is. Hold on. I think he's on now. Mr. Simmons?

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Yes. Good morning. Please identify yourself for the record. Spell your last name and

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provide us with your address. My name is Charles Simmons. S-I-M-M-O-N-S. Address,

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4216 Parkside Avenue. Thank you. You swear and affirm to tell the truth,

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the whole truth, nothing but the truth? Yes. Thank you, Mr. Laver. Thank you, sir,

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for being with us today. Could you please share your thoughts as in your neighbor regarding the

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proposed uh use and the request for special exception relief that's before the board

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well i've been living here in parkside for almost 11 years also i'm the vice president

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of the east parkside association also uh i'm a member of the rco committee

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um also i am a member of the sixth war division as a committee person my observation of traffic

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i i live in the area there's not a lot of traffic at all with school i'll be down at the corner

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or 4th and Gerard,

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there's always police officers

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there.

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There's no heavy traffic

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at that location at all.

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At nighttime,

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there's no traffic, heavy traffic

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at all.

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I walked the whole entire

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East Parkside area in my neighborhood.

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The location that Mr.

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Steinberg is trying to

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develop

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I think is a beautiful thing.

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they put in business in our community also developing jobs for our our youth

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thank you thank you very much anyone else

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yes chair we have a mr scott mr scott you can unmute yourself

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While we're waiting for him, we have Ms. Logan, Ms. Logan, you can unmute yourself.

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Good morning, Ms. Logan, please identify yourself with the record.

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Yes. Pastor Lorraine Logan, 3938-40, West Gerrard Avenue, Philadelphia, Pennsylvania, 19104.

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You swear and affirm will tell the truth, the whole truth, nothing but the truth.

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I affirm.

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Thank you.

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Yes. I have my church and I have been in the area of Gerrard Avenue for eight years now.

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and I'm I just listened to the testimony of the last gentleman and I'm not sure what it is

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that he has seen but I am at our building many days of the week different times of the week

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whether it's a Sunday Monday Tuesday Wednesday Thursday Friday or Saturday and the traffic is

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horrific every single day. We have congestion because of the Philadelphia Zoo, the School of

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the Future. There are several churches that are just corners away from each other, as well as the

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restaurants that are there. And then we have our residents that are in the neighborhood. We have

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had parking issues since I've been there for the eight years, and it's only gotten worse. There is

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not a day besides the pandemic where there is not an hour where there's not consistent stop and go

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for me to get from 39th and Gerard to 76 east or west literally could take anywhere from 10

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to 15 minutes on any given day including Sundays because the zoo is now operating heavily heavily

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on Fridays, Saturdays, and Sundays.

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We have had parking issues and congestions,

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We have had parking issues and congestions, whether we've had services, whether we've had funerals, whether we've had weddings.

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whether we've had services,

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To put a drive-through in this particular location will be total chaos, along with the existing chaos that is there.

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I am actually on the block of the proposed restaurant drive-through and just looking at the accidents that we've witnessed,

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the accidents that even some of our church members have been involved in, that would not

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be a good fit for what we are already fighting and are up against. And then considering, I saw

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the draft, there are nine spots that they are considering in that parking lot. Where will the

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employees park versus the customers? Once again, they will be parking on residential street parking.

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where does the residence park at this particular time to bring up Popeye's in particular because

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that's the only store that I have heard mention of it is not the best restaurant because it brings

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a certain type of people that's that's that's that's speculation there okay that's that's fine

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but to bring it there if we consider any drive-through whether on coming through on 40th

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street. Those are two lane streets. One goes up, one goes down. What if, hypothetically,

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there are 20 people trying to get into the drop through? What does the traffic do? Can we get

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past without going into the wrong lane to go around cars? So I'm not really sure if we have

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considered all of these other adjectives to just a simplicity of coming up with an approximate

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number of 20 cars during 10 o'clock. Who's to say that it's going to be 10 cars, 20 cars, 50 cars,

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a backup with the congestion that we are already currently dealing with that has not been resolved.

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So I'm not sure where people are getting their information from if they're not involved in the

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community, if they're not living there to actually see what we go through on a consistent basis

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every single day. And with the world coming back to normancy or the new norm, we can only imagine

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what this area will look like once we are back at 100% to the schools, to the recreational centers,

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to the police touch museum. So in my opinion, because I am a living witness as to what really

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happens on Gerard Avenue, it's just not a good fit for us. Thank you so much for your time.

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Thank you.

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Mr. Lieber?

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Yes, Mr. Chairman, just a few quick questions for Pastor Logan.

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Pastor Logan, thank you for being with us today.

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How large is your congregation?

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Pastor Logan?

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Pastor Logan, you're still muted.

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You have to unmute yourself.

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Thank you.

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Thank you.

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Our congregation is about 150, but on a given Sunday, anywhere from 75 to 100.

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people will come because we do have some that work every other Sunday. So we have a mixed

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organization that comes into our church on Sundays. Thank you, Pastor. And do you have

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many members who are coming in from other locations throughout the city and beyond?

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We actually have members from West Philly, North Philadelphia, Roosevelt Boulevard, Chester,

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Delaware and New Jersey that attends our church we're kind of like the center of of the area where

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they come from north south east and west it does sound like you're you're pulling people in from

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many locations and and uh it parking must be a real issue right now for worship services

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OK, so the Philadelphia Zoo has been kind to us. We were able to utilize a small lot at the School of the Future entrance up until a year.

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no two years now um there is another church that rents out the auditorium and they had gained

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access to two of the parking lots where we only had access to one so our congregants um

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they come a little later because they leave out at 12 our service starts at 11 30

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so we actually have a gag time in our service time while people are trying to find parking

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spaces we do we have been able to utilize the block um with the church we actually had to meet

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with the pastor of the church to ask him to stop uh as

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of the church to ask him to stop as a courtesy to allow his members to leave our parking spaces,

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which were directly in front of the lots that we own. The gentleman that owns the two properties

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next to ours all way up until the corner, they actually used to take our spots as well because

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they started a little bit earlier than we did. And as a courtesy, I met with him just so he can

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that is congregation to be friendly, knowing that we have parking issues, not just with that,

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but the individuals that do not like to pay for zoo parking, they actually park on our streets

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so that they can avoid paying the $10 or the $15 of zoo parking charge. So we've had,

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they will work with them on Saturdays. I don't mean to cut you short. I think you made the point.

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I appreciate what you're describing about an existing issue.

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One last question, Pastor.

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You've made some public statements regarding concern,

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regarding bringing in a, quote, certain caliber of people to this location.

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Could you describe what you mean by that?

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Ma'am, you're still muted.

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You need to unmute.

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I'm so sorry.

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When I when I think of certain restaurants, certain restaurants bring certain people to the restaurant based on taste, based on need, based on recipe.

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i noticed that if there was a chick-fil-a and this and this is really about the drive-through

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but i will answer your question uh attorney lavar um they will bring uh a different type

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of people there and people of color in particular which i am a person of color

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they like chicken i like chicken too but where are we going where are we going with this testimony

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I'm not sure, Mr. Adams, and I would like for him to bring me, because he's been very

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strategic in what he's been presenting.

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I wanted to share with the board that I think that there are some improper concerns being

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brought into the discussion, but thank you, Professor Logan.

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I have a question that may have been asked the last time.

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How many employees, how many people would be employed at this, if this were approved?

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How many people will be employed there?

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The hope, Mr. Chairman and members of the board, is to employ from the community that have people.

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I understand that. What's the number of employees?

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At any one time, six to eight.

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Six to eight? Is it 24-7?

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There's no intention right now of that.

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We're trying to market the property to a suitable, respectable business that will be compatible.

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It really does, Mr. Chairman, and don't forget, and I put this on the record at the first hearing, David has nine residential apartments right above this, so he can't cannibalize himself by having something that doesn't work well.

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But I do understand that one of our witnesses, Latia Jones, is trying to speak if the board is willing.

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Chair, this is Tanya.

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If I could mention, we still have four hands up for this case.

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I know.

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I mean, we haven't even gotten to our regular list yet.

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um it's your call chair but i do see andrew goodman representing the let's get right thank

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you thank you mr goodman i don't want to buy anyone but we are really stretched out on time

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here mr goodman uh you're still sworn in from earlier today just identify yourself for the

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record yes andrew goodman g-o-o-d-m-a-n here representing the office of third district

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Councilmember Jamie Gaudier. Yes, thank you, Mr. Chair. The Councilmember stands in opposition

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to this special exception application. In the interest of brevity, I will try to summarize

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and only add new data points. So the topic of congestion has been the main focus of conversation.

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I think it's important to state here that this evidence of congestion is not just anecdotal.

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In fact, Mayor Jim Kenney's Vision Zero initiative has data to back this up.

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This property sits at the intersection of three corridors that are already listed on the city's high injury network.

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As this board may already know, 80% of all traffic deaths and serious injuries occur on just 12% of...

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80% of all traffic deaths and serious injuries occur on just 12% of Philadelphia streets,

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and these precise stretches of 40th Street, Girard Avenue, and Parkside Avenue are all

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three streets that are part of this 12%. I'm happy to share my screen and enter this map

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in as an exhibit if the board would like me to, but suffice to say this has been a target

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of the mayor's initiative to eliminate traffic fatalities and the proposal for a business

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with a drive-through that will inevitably create new and unpredictable traffic patterns will run

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counter to those priorities. We can talk about, you know, provisos that might mitigate that burden

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all we want, but our office would argue that if we have the chance to actually prevent that burden

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from presenting itself in the first place, that we should take that chance. I'd also like to add

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here that there is a conflict with SEPTA uses as well. This intersection sees more than 1,000

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and SEPTA riders per day,

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which is a count that's higher

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than most regional rail stations.

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Would we put a drive-through entrance

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right next to regional rail tracks?

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I don't think we would,

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especially in a case where the majority

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