civus
Hearing video

ZBA Hearing - February 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 9, 20224h 29m

as I went by. There's still the toilet blocking. The gate is hanging off. So the safety issues

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were part of our problem. And the other problem was that council never submitted to the RCO. Again,

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it could be our fault as well, who he sent and a copy of the notice that he sent to the residents

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of the community at that meeting that evening.

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We did get similar pictures to what they submitted

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showing the units, but one of my questions was,

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was how for eight years did you not know

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that this was not, you did not have,

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you weren't in compliance?

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And from what we were told, that this only came to being

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because of a L&I trash issue.

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So, you know, I think the residents need to understand,

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is this going to be a three-unit plan

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or is it going to be the bait and switch,

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which we got here today, dated 2-3-22?

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Again, letter dated January 31st, 22.

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Is this going to be a two-family dwelling

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or a three-family dwelling?

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And if so, if it's going to be a three-family dwelling, then we need plans and we need to have this continued.

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Thank you for your testimony.

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Mr. Consul, do you want to respond?

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We fixed the gate.

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Ms. Baker, can you address that?

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Here's a photo that I was sent by my client.

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Are you still on, Ms. Baker?

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perhaps not yes i'm still here oh miss baker could you speak to the the efforts that uh you and your

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your uh your people made to to fix the the gate issue that the community was concerned about

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uh yes the uh the gate was was fixed yesterday um uh late morning um and the alleyway cleared out

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of the trash um this is the second floor and as i said was empty so you know it was being cleaned

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out um so that's why there was you know some trash you know in the alleyway prior to when the

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gentleman walked past but everything was cleared out um yesterday by um you know by my handyman

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And he fixed the gate again.

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and uh he fixed the gate again okay thank you um regarding the letters

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Okay.

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Thank you.

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Regarding the letter of support in the three units,

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the application was always for three units.

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The letter of support is for the three units.

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And that's how the property has been laid out.

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Any other question?

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Is there another testimony from the virtual audience?

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There's another individual name of the...

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randall jefferson but i think they're using an older version of zoom

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they would have to be promoted to panelists to speak or something

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we just spoke to him we spoke to randall jefferson i believe it's two individuals

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right with the same name listed so you can promote them to panelists but i would ask

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that they keep their screen off and use the audio only understood

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could you state your name again this is randall jefferson right

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again my question to the lawyer i'm sorry i'm sorry sir we already took your testimony

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Does someone else have a device under your name?

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I do. It's Bridget Powell.

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Okay, Chair, you can continue. She needs to be sworn in.

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Could you state your name and spell for the court reporter, please?

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Bridget, B-R-I-D-G-E-T. Last name is Powell, P-O-W-E-L-L.

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

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I do.

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Proceed, please.

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I have some of the similar concerns as Mr. Jefferson. And my question was, we've never

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received proof of mailing. So the turnout was very low for this meeting. So I'm asking that

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this goes back and that we have another meeting about this. And the snow with the last, she

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promised that she would have her handyman clear it. It was not clear. And it was evident by the

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pictures that were shown. So I'm basically just asking that this goes back. The letter was

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talking about two units. And I just really had a problem with that she said this property since

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2014. And I've seen some of her permits were only asked for one rental. So had she put in for three

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that this would have been flagged a long time ago. Just in response to the mailing, we sent out 157

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pieces of mailing. We did not receive a lot of them back as undeliverable. I mean, we filed the

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same compliance that we do every single time. And I don't see, and to me, the turnout was not

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small. It didn't seem like it. And the letter addresses three units. I don't see what

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going back to the community to talk about would accomplish.

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Is there any other comments from the virtual audience?

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I see no further hands Mr. Chair. Planning Commission. Thank you Chair Bergman. Ian Hegarty

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for the Philadelphia City Planning Commission. Members of the board, the comprehensive plan

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recommends no change to the existing RSA 5 single family zoning at this location. However,

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this proposed use conforms to the existing interior configuration as has been demonstrated here.

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and so our recommendation is that the board grant the variance. Thank you. MI 2021-003-822-459

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North 53rd Street, I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Thank you, Mr. Counsel.

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MI-2021-003786-6134 West Oxford Street.

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No RCO letter received yet.

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Phyllis Wise is the presenter.

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Ms. Wise?

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Ms. Wise, could you state your name and spell for the court reporter, please?

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Ms. Wise, could you unmute?

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Could you state your name and spell for the court reporter?

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okay can you hear me now we can okay phyllis wise p-h-y-l-l-i-s wise w-i-s-e

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WISE. W-I-S-E. Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but

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right do you swear or affirm to tell the truth the whole truth

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the truth? Yes. Mr. Howellman has a few questions. Good morning, Ms. WISE. According to our records,

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there's no RCO letter. Can you speak to that issue? Yes, it was one sent to me, and I thought

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they sent a copy to you as well. I was looking at my files. I cannot find it. But nevertheless,

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it stated that it was denied. Majority of the people in attendance denied it.

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And he informed me that he would be here at this meeting, Mr. Allen, the president

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of the Oak Brook Community Center. Okay, please proceed.

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Okay. Presently, I'm a zone for a two unit, but it's presently a three unit. When I went down to renew my license, I had informed them. I said, you have it as a two unit and it's three unit.

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he said, well, Ms. Wise, we have it. You have to go before the board. I did not, I was not aware.

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We did add another unit on the first floor. I was not aware that it was not zoned for it.

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Ms. Wise, are you, do you, can you put this up on a computer for us?

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What would you, I see, in other words, I was not prepared to, I'm not that techie,

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And I see how everyone did all that they did.

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So I'm going to see what I.

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Do you have all your documents right there on the computer?

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Yes, I do.

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I even have a computer.

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Yes.

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And do you have a regular computer, not an Apple?

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Yeah, I have a regular computer.

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Yes.

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OK, so if you're actually inside the Zoom application, you will see a green button down at the bottom saying share.

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Yes. OK, if you hit that and then hit your actual documents that you wish us to view, it should come up on the screen for us all.

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Oh, OK. My daughter told me something like that.

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OK, Miss Wise, you did it. Now let's go to your document and click on that.

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Okay. Can you see that? Let me see. Let me see what else. My daughter, she did something for me. Let me see.

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No, you have to actually have the documents open already. Which of these do you want to share?

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wait one second which one i want to share um she's the only letter well here's the letter i

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sent out to the neighbors 99 of the those in the community can you see that no ma'am do you have

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one or two monitors okay i i i am not prepared i see no it's okay no you can do this how many

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monitors do you have? Do you have one? Yes, just one. So, as Ms. Sun can explain, if you

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stop sharing and open up your document first and then restart sharing, we should be able to see it.

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Okay. Stop sharing.

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So, hit the green button that says share. Take this off the screen.

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Okay, stop sharing.

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Here we go.

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Open your document that you want us to see.

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First, open that before you hit the share button.

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Okay.

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Do you see the document on your screen?

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Okay, I think this is what my daughter, yes.

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Yes. Okay. Now share.

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Correct.

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I'm okay.

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You have a website open.

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we can see your screen but it's on the website is that where the document is yes this is the rco

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letter yeah yeah let me know um or chair is your call i can do a short continuance so that

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we can allow her time to get assistance with

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um we could allow her time to get assistance with preparing uh the presentation on the screen

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it's your call share i would appreciate it whatever is necessary because i thought if i

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said that was it so ton i i think this is the last case for the morning

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but we make this is it out of one at two o'clock no okay all right we can only do them as they

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our schedule because that's why don't we do this five minute break right

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take take a five minute break and then we'll figure out where we stand okay

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um i i really don't think that's going to help chair okay i think she may need someone to give

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her training as to how good and then do you want to let's continue is that correct ma'am yes i can

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have my daughter here next time or whatever how about we do it in three weeks ma'am would that

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work for you oh praise god i'll be prepared i saw that everyone else was prepared and thank you

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we can have my staff can reach out to you and prepare new posters for you to post your property

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and then we'll have this heard in three weeks okay i appreciate it to the utmost okay thank you

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Ms. Weiss. Thank you. We'll see you again, okay? Yes. Thank you, Chair. Is there anyone in the

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virtual audience whose case they're still waiting on? I'm sorry, I have Mr. Gregory Allen with his

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hand raised. Do I allow him to speak? Sure. Understood. Mr. Allen, please unmute yourselves.

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hello chair and board um we were here could you state your name and spell for the court reporter

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yes sir my apologies gregory allen g-r-e-g-o-r-y a-l-l-e-n

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overbrook west neighbors which is the rco for this case okay so you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do all right and so that case is going

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to be moved right it's going to be moved to a different date okay i just want to be clear

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for me i just just chair i just want to mr allen please do not speak to this case it was canceled

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no testimony can be taken okay all right mr allen

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all right anybody else in the virtual audience still waiting for a case

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no hands at this time sir okay we will break till two o'clock thanks everyone

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thanks pauline for your trying to help everybody today we appreciate it you're welcome enjoy your

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lunch you as well

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Good afternoon. My name is Bill Bergman, and I will be chairing the ZBA hearings this afternoon.

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With me is Ismail Shaheed, our board secretary.

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Here, Mr. Chair.

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Thomas Holliman, our board member.

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Present, Mr. Chairman.

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James Snell, our board member.

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Present, Mr. Chairman.

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Also here is Tanya Sunkett, our board administrator, and Rebecca Cole, our attorney.

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Before we begin, I will talk about our virtual format.

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Be advised these proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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The video will be available by contacting TanyaSunkett at phila.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating in my phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question and answer box on the screen is not for testifying or comments.

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Any comment should be directed to Tanya Sunkett, our board administrator.

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So I want to start with continuances for this afternoon's two o'clock meetings.

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number four mi 2021 mi 2021 002899 3237 north 17th street mi number five mi 2021

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MI number five, MI 2021 003524, 321 to 47 North 16th Street. Number six, MI 2021 002824,

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400 block of West Cambria Street. Number seven, MI 2021-004548-4306-08 Parkside Avenue.

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Number eight, MI 2021-003421-46 East Johnson Street, Parcel G. Number nine,

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MI 2021-004544-4900 Reno Street.

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Number 15, MI 2021-003132-8622 Germantown Avenue and MI 2021-003131-8624-26 Germantown Avenue.

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Does anybody have any questions or comments

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relative to these continuances?

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Mr. Chair, I see Mr. Stephen Pollack

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with his hand raised.

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I will allow him to speak at this time.

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

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Stephen Pollack, P-O-L-L-O-C-K.

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With regard to the first property that you call,

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I'll appeal you. Wait, wait, wait, wait, sir. Do you swear for him to tell the truth, the whole truth and nothing but the truth?

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I do. OK, go on. It's regard to 002899, the 3237 North 17th Street.

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Yes. Property, Mr. Chairman, members of the board, I asked that this matter be moved.

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So I went to the list where I make the request that it be brought back.

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We had our first community meeting on January 31st, and the community, maybe Tina Marie Russell may be on also on this call, but we agreed with the community to continue our discussions, so we need additional time, and I don't want to burden the board with continually bringing us back.

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And I know that there's another matter that'll be right after us.

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Maybe if Mr. Henry Clinton is on, that's the one at 7532, because they're right around the corner.

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