civus
Hearing video

ZBA Hearing - February 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 3, 20215h 41m

and Edgemont Street in the Port Richmond neighborhood of Philadelphia. Let me just show you some

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photos. This is the front of the property here in the center. Justina and her husband

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uh purchased this property with the intent to um use it as a two-family dwelling uh for their

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family where their family members would live in both units uh they would reside in the upper unit

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and her parents would live in the lower unit this would provide her parents semi-independent living

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while still having the ability to support them um by living in the same structure but you know

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with doors and separate living spaces uh interrupting are you what what should

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go back to that photograph please oh sorry

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this structure is ours right in the middle okay i was curious and one next door has two doors i

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thought that was all right and i'm getting and i'm gonna get to that all right i just just curious

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all right yes so let's go back to the plans so here you have the plans um the first floor unit

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would be a uh one bedroom two baths and have its own entrance off the shared hallway and the upper

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unit would be a one bedroom one bath unit um like like you saw in the photo uh let me just go back

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to the photos to show you the current state of the building. Like I said, there we go. There's

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the front, and this is going down the street. I use Clearfield. It's a fairly wide street for

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Port Richmond. It is a two-way street, and it's kind of a main artery of the neighborhood.

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As you can see, the interior of the building right now is pretty much down to

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the studs, so this would involve a renovation of the property as well.

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Um, this use is proposed to family use is not out of character with the surrounding neighborhood. Let me get to my permits.

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Um, this use is proposed to family use is not out of character with

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Sorry, one second.

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it. On this block alone, so on the 2600 block of East Clearfield, there are at least five other

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permitted multi-unit buildings, including the property directly adjacent at 2647 East Clearfield,

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which is two units. And then a few houses down is 2641 East Clearfield, which is four units. All of

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these properties are zoned RSA 5, but used as multifamily. In fact, about if you look at both

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sides of the street, about a quarter of the properties are not single family homes. And on

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this side of the street, as it exists right now, about a third of the properties are not single

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family homes. I want to show you the zoning map. Because so this is our property right here. It's

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note that this property also backs up to a fairly large industrial complex which is the Huntington

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yarn mill currently being used as such. If we go here you can see in the photos

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that this is our property and you can see this is all industrial use, this is industrial use,

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this is industrial use. So, you know, and even if that industrial use discontinued,

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it is zoned ICMX and you could have a fairly large industrial commercial development right

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behind it. For these reasons, they did meet with the community association. Let me get back to the

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letter. It was a well-attended meeting. There was 33 people in attendance and ultimately they decided

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to vote in support of this proposal. I'm happy. That's generally the gist. We're looking to use

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the property as a two-family dwelling for the owner's family, and it's not inconsistent with

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the surrounding uses. If you do go beyond just the 2600 Block II, I didn't include all of the permits,

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but if you look to, you know, the east and west, Clearfield Street really is a mixed-use street,

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even though it's zoned primarily RSA 5 with lots of mid-block commercial and multi-family uses all

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along the length of it. I could have Justina should be on the call and can verify my testimony.

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Justina, can you raise your hand? It should be at the bottom of the screen.

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justina can you put your name and address on the record and please spell both your first and last

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name my first name justina j-u-s-t-y-n-a last name m as a mary o z as a zebra d as a david

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z as a zebra ierz 2649 east clifford street philadelphia p19134 and did you hear my testimony

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here today yes i did and do you believe it to be truthful and accurate yes and do you adopt it as

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your own yes i do all right thank you questions from the board no no

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anyone else like to testify in this case anyone else would like to testify please raise your hand

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no further hands at this time mr chair before i go to the planning commission jennifer do you

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have petitions that were signed by any near neighbors um i do not i know that um i can

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have justina testify she did talk to her adjacent neighbors and they were not in opposition

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Planning Commission. Good morning, David Fecto, City Planning Commission, Mr. Chairman, members of the board. The comprehensive plan recommends residential single-family use for this property. There are other two-unit houses on this block, and we do not believe adding an additional unit will have a negative impact on the block. We do not object to granting this variance.

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Thank you very much. MI 2020-002201 2649 East Clearfield. My vote is yes.

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My vote is yes. My vote is yes. My vote is yes. My vote is yes.

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Calendar number 1076 329 East Worcester Street.

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Mr. James Devine has his hand raised. I will promote him right now.

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Mr. Devine, you have been promoted.

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Please wait to be sworn in, sir.

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Mr. Devine, are you available?

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he has to unmute himself if he's not there or having problem why don't we go to the next case

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and we'll come back to that okay calendar number 1095 3355 jasper street

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This is being handled pro se by Bethania, Bethania Alvarado.

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Madam Chairwoman, Ms. Rosamond, McKelvey has her hand raised.

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Is it for Jasper Street or Worcester?

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For Jasper, let me find out.

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Ms. McElvester, you've been allowed to speak.

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I'm the RCO for 329 East Worcester, and we were told there was a case today.

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There is. So you're representing the RCO. We're waiting to see if the applicant is going to testify.

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The name you mentioned, we have not heard of before.

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so. That's Caitlin Donahue. Oh yes ma'am.

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Is this case, Sharon or Tanya somebody, has this case been continued in the past?

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I don't believe that it has but we did receive exhibits from Miss Donahue so if we could push

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it back and see if she's able to sign on yeah that's what we did originally we went to jasper

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street so is anyone here for jasper street

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miss pedita gadiel has her hand up i see she's here for jasper speed i'll allow her to speak

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right now hello good morning yes yes good morning chairman um the owner of property is supposed to

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also be online she's supposed to be signed in register Miss Betania I got the package to do

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the presentation but she's gonna present herself is she uh has she signed in she's supposed to be

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signed in we've been signed in since 9 30 this morning hold on a second let me make sure let me

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Let's go back to Worcester Street while we're at it, Ms. Rosalind, you're here for that

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case correct Worcester yes one minute please um hold on we don't need your testimony yet I just

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want to get trying to figure out who's who yeah there's neighbors and city council on the line

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too for that um could we try again to ask if Miss Caitlin Donahue is present 32329 East Worcester

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Street. Ms. Donahue. And this case has not yet been continued, correct? I thought it had been

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continued. I'm asking staff, ma'am, just hold on. I muted you, please stay muted. I have a James

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Devine, who's an attorney. Let's just see who he is, Chair. Okay. James Devine? Yes, I'm here by

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phone. Okay, and here, and who are you representing? I'm representing 329 Worcester Street, Pennsylvania

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Team Challenge. Sir, can you put your name and address on the record and spell your last name?

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Sure, it's James Devine, D-E-V-I-N-E.

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Excuse me, this is Sharon Saleta.

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Mr. Devine, are you in the same law firm as Ms. Donoghue?

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Yes, she was my associate.

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Yes, she's my associate.

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Okay, thank you.

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Okay, thank you.

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Mr. Devine, are you going to be presenting a package?

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I am.

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We can see, but we simply...

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We raise our hand.

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When our system locked in terms of our audio, when you attempted to let us in.

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So do you need to be promoted to panelists?

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Are you going to be able to share your screen?

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Yes.

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yes and this is sharon slutt i can confirm that ms donahue did submit the exhibit package

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okay but what are what are we promoting you under sir is it just your phone

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i promoted mr donahue under his name but

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it'll be Mr. Devine

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Mr. Devine

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my bad excuse me

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he has to unmute himself

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Mr. Devine

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please unmute yourself

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Mr. Devine, if you are still available, please unmute yourself, sir.

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all right we're having problems again so let's go to number 13 jasper street if we're ready for that

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yeah calendar number 1095-3355 jasper street

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is miss alvarado there yes can you put your name and address on the record and spell your last

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name please um batania a l b a r a d o at 3355 jasper street in philadelphia

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okay do you swear or affirm to tell the whole truth and nothing but the truth

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yes and you have emailed an exhibit packet with all the required documents proof of ownership

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tax compliance refusal referral photos plans five days in advance of this hearing

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and have you met with the RCO and do you have a letter yes thank you you may proceed

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um I was um looking for the permission to create um my house into two apartments

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do you have any exhibits you can share with us photographs floor plans

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Badisa Khadijo does have them.

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We're going to need to see some plans.

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There's also a letter of opposition from Councilman Squilla and Harrogate Civic Association.

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I have promoted Badisa to a panelist so she can present the presentation.

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Aditsa, you've been promoted to a panelist to present.

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Excuse me, ma'am, you're still muted.

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If you can hear us, please unmute yourself.

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Yes, I finally did.

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I'm sorry.

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can you put your name and address on the record and spell your last name

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she can't testify i'm not testifying i'm just going to screenshot i i i know just letting

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the board understand that can you share the exhibits can you wait one second do you swear

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a firm to tell the whole truth and nothing but the truth? Yes. Okay, can you put the exhibits up?

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I have... Let me try to share the screen. Here you go. Give me a second. Here you go. Share. Can you see now?

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Share. Can you see now? Not yet, but it looks like it's happening. Okay.

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Yes. Okay, here you see the package starting with the application and at the end I'll show the plans.

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No, she's supposed to speak, Lisa.

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go ahead bethanya speak

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bethanya

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miss alvarado

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uh-huh

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can you speak now

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perhaps the board could

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let miss bedica know

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which documents in particular they would like her to

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Tax clearance, yeah.

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Tax clearance.

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First, we have the application that was submitted for the zoning hearing.

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Here they have the refusal that was submitting for the zoning hearing.

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Sorry.

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I'm sorry.

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All you have to do is just show the documents.

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Okay.

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And is the applicant prepared to speak?

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She's opposed to.

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Hold down to the tax clearance.

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I believe she has to provide testimony for this case.

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yeah i don't know what the hang-up is here to be honest

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but daniel do you have to testify we can continue it i'm actually all this if the board has a

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question for the applicant we should probably ask it and in the meantime uh baditsa will pull up

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the required exhibits yeah that's why i asked for a copy of the tax the tax clearance uh photos of

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the property? Any floor plans? It's there. Submitted in the package. It's there. We're

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just going slow. The system has a problem. It's not giving out tax clearance, but the

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property is tax compliance. We printed out the tax history. Here it comes now. It's coming

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up now. Yep.

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this is just photographs and or for a go hold on

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first floor and second floor and now Ms. Alvarado can speak

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Ms. Alvarado you may unmute yourself please

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i think you should be better to continue the case because she's not prepared to present correctly

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i agree okay uh mi 2020 that zero zero one zero nine five three three five five jasper street

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is continued thank you calendar number zero six four five five forty nine east loray street

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that was withdrawn that was withdrawn okay and um the case before that well

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takawana is continued okay calendar number one zero seven six three twenty nine east worcester street

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Mr. Devine can you unmute yourself

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Is that Mr. Devine? Can you unmute yourself?

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There we go. Can you hear me?

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Yes, we can. Can you put your name and address on the record, please, and spell your last name?

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Sure. James Devine, D-E-V-I-N-E, 45 East Orange Street, Lancaster, Pennsylvania, 17602.

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

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I do.

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do you also agree to waive the reading of the refusal and stipulate to its accuracy

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i do have you emailed the exhibit packet with the required documents documents proof of ownership

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tax compliance refusal or referral photos and or plans of the property five days in advance of

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this hearing and have you met with an rco and do you have a letter we we have and we do okay you

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may proceed. Thank you. Thank you. May I share my exhibits? Yes, you may. I'm going to try.

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We're having some difficulty. I apologize. May I proceed with my explanation while we

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bring our exhibit packet up? Yes. Okay. We do have a notice of refusal or application for appeal.

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the project information form, the deed of property and certificate of tax clearance, photographs of the properties, our correspondence to neighbors, support signatures, RCO meeting form, a follow-up request for an updated RCO meeting, which I'll explain in a moment, as well as our chapter code for staffing and requirements for drug and alcohol treatment.

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i also have our ceo chris mcfadlon as a potential witness

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we had an rco meeting back in september of 2020. it was unusually chaotic

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mr devine mr excuse the interruption do you have any exhibits you could be sharing with us

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he does but he's having a difficult i heard him say that i know but we can't

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it says they're pulling up now

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I apologize

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every time we move to a different phase of our hearing

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the system freezes

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okay no problem

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