civus
Hearing video

ZBA Hearing - February 9, 2022

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

So there are two properties that are going on in the same neighborhood right around the corner.

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And the community really wants to sort of have a full approach to both rather than piecemeal approach.

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So that's why we're asking for this.

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That's fine. Thank you. We've already we're agreeing to continue that for you, sir.

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Thank you, Mr. Chairman. That completes my business, may I be excused.

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Sure, thank you.

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Mr. Chairman, this is Tanya, the administrator?

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Yes.

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So based on Mr. Pollack's testimony, could we state continue attorney moving party?

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We can, attorney moving parties.

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Any other comments about our continuances?

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This is Rebecca Cole.

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Did we omit number 13 from the list of continuances, Chair?

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Well, I was going to call that first.

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Okay, thanks.

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In other words, we usually call them, and if they're not there, then we do it.

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Any other comments?

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Mr. Chair, we have Steve Nassim with his hand raised.

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I will allow him to speak at this time.

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Sure.

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Good afternoon. Hi, Mr. Masters. How are you? Hi, very well. How are you? Could you state your name

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and spell it for the court reporter? My name is Steve Masters, S-T-E-V-E, M-A-S-T-E-R-S,

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with the law firm of JustLaws, representing East Parkside Residents Association and Centennial

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Parkside CDC. All right. Do you swear a firm to tell the truth, the whole truth, nothing but the

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truth. I do. Okay. What case, sir? This is the 4306-08 Parkside MI2021-004548.

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Yep. My clients were insistent that I put on the record. This case, we had raised

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the claim that this application violates the one-year rule. And the attorney for the city

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was not able to come today, so there was going to be a continuance for that reason. Last week,

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Last week, there was an RCO meeting where 100 people came out

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there was an RCO meeting where 100 people came out and all voted 100.

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and all voted 100 people against this project.

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And now the developer is pulling it back and wants to go back to LNI to amend it again.

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The community is incredibly irate about this.

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They're fatigued.

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This is now going to be the third time that this project is going to come before them.

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The zoning board voted no.

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Wait a minute, sir.

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Steve, is this Mr. Beauvais' case, right?

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Yes.

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All right.

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So we've continued it.

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I understand.

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They just wanted me to put in the record their displeasure with...

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Thank you.

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We would prefer that you had dismissed it, and we wanted to put it in the record.

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I'm sorry.

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I'm so sorry.

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I'm so sorry.

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But please understand that the attorney of record is not available, so there should be

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no testimony taken.

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So we're fine.

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Steve, I hear you.

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Thank you very much.

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Any other cases?

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Any other continuances?

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Mr. Chair, we have Yue Wu with their hand raised.

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I will allow them to speak at this time.

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Good afternoon, Mr. Chairman.

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My name is Yue Wu, Y-U-E-W-U.

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And I think you're already sworn, right?

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Sorry?

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Did I swear you in this morning?

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Yes.

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Right, okay. Proceed.

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um i'm representing philadelphia chinatown development corporation we have a case this

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afternoon 636 north 11th street we would like to request a continuance um and i sent an email

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yesterday and uh um we hope to continue to may 11th where when we have two other addresses

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Is this 626?

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636, North 11.

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636.

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Okay.

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Number 13.

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Well, that's...

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Okay.

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So that's the Housing Authority's case.

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Yes.

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Right.

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Is there anyone from the Housing Authority here?

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No.

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So Housing Authority already approved the transfer to...

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Wait a minute, wait a minute, wait a minute, wait a minute.

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Thank you.

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can you allow us to present the housing authority first sure that's what i asked for is there anyone

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from the housing authority here i'm not aware well any hands up for the housing authority

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i'm not i'm not seeing any okay yes sir i'm sorry tanya we have no exhibits for this right

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no no exhibits no hands so that would be your call for a container we're going to we're going

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to continue that case

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miss wu that case is continued okay thank you any other cases

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mr chair i have diane monroe with her hand raised i will

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sure

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I got it. Good afternoon. Could you please state your name and spell for the court reporter? Yes. Diane Monroe. D-I-A-N-E-M-O-N-R-O-E.

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

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Yes, I do.

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What case?

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The case you just did, the 636 North 11th Street.

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We are the coordinating RCO, and no one has gotten in touch with us.

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Okay.

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So just so you know, we're going to continue that.

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Yes.

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Okay.

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Let's continue.

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so we'll see how whether or not the housing authority gets a hold of you but at this point

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that's continued okay okay and thank you will they let me know the date you will you will know the

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date okay thank you very much sure sure any other cases i see no other hands mr chair thank you

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We're going to go to act. We have two add-on cases. MI 2020-000-357-804-810-Tioga Street.

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Request for consideration. I vote no. Thomas Holloman. My vote is no for reconsideration.

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0-0-3-2-0-8-6951 Gillespie Street yes to reconsideration and rehearing

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Thomas Holloman my vote is yes to reconsideration and rehearing

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James Snell my vote is yes to reconsideration and rehearing

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Ishmael Shahid my vote is yes for reconsideration and revoke

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case number one mi 2021-004-543-12301 to 75 academy road jared klein is the attorney

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rco letter but not yet received from parkwood area civic association and i believe we've

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received an email this morning from the council person mr klein has been provided to a panelist

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good afternoon mr chair members of the board uh jared klein yes good good afternoon mr chair

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jared klein k-l-e-i-n from blank rome 130 north 18th street in philadelphia 19103

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thank you do you swear or firmly to tell the truth the whole truth and nothing but the truth

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yes I do Mr Holloman has a few questions for you good afternoon counselor do you agree to the

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reading of the refusal and stipulate to his accuracy yes I do according to our records

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RCO letter is still not presented can you address this issue yes we have received the RCO letter

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and it's in the packet that I'll be sharing with the board shortly thank you please proceed

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Thank you. I will share my screen. Can everybody see that?

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We see. Yep. Fantastic. OK, so I'm here for one two three oh one to seventy five Academy Road, which is a shopping center.

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And we're seeking zoning for one of the units within that shopping center.

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The variance that we're here for is a pretty standard one in this area of the city.

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As the board, I'm sure, is well aware, there's an overlay in the Northeast that prohibits certain medical and dental uses.

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And this use does not fall into the intent of that prohibition and should be a reasonable use for the space.

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What we're proposing is a physical therapy and rehab facility where they would have physical therapy that is by prescription only.

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So this facility would not prescribe any medications and there'd be no medicines distributed from this.

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It is for them to provide physical therapy and rehab services to clients that are referred by doctors.

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Just to orient the board, this is the shopping center here.

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Aerial view, again, this is the shopping center that we're speaking about.

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So, and to give the board a sense, this is a street view of what the shopping center would look like specifically.

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We are going into one of the specific spaces within this.

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You can see here on the key plan, this is the space that Petrosky Physiotherapy would be occupying.

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This is what the exterior signage of the space looks like.

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And I can give the board a sense of the interior of the space.

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also you can see it's a sort of traditional physical therapy with weights and massage tables

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and these are other views of the shopping center just to orient the board to the context of the

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site we had a very productive meeting with the civic association their letter of unanimous support

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is on the screen before you as you can see they note that the members of the RCO are

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overwhelmingly supportive of our physical therapy location. And we also received a letter of non

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opposition from Councilman Brian O'Neill, which I've also put up on the screen. At this point,

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I would like to ask the owner of Petrosky Physiotherapy to raise his hand. That's Eric

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Petrosky. He can raise his virtual hand. I would appreciate it.

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I'm going to have to speak.

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I'm here.

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

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Eric Petroski, E-R-I-C, Petroski, P-E-T-R-O-S-K-I.

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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, counsel.

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Thank you. Eric, did you have a chance to listen to my presentation this afternoon?

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Thank you.

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Eric, did you have a chance to listen to my presentation this afternoon?

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I did.

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And do you adopt what I've said as your true and correct in your own testimony if you've

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been given the chance to testify yourself?

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Yes.

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I do. Thank you. Mr. Chair, that concludes our presentation. We do have Eric here to

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answer any specific questions about the operations of the board.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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questions from the virtual audience

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no further hands at this time mr chair planning commission good afternoon chair

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bergman david facto f e c t e a u with the city planning commission do you swear a firm to tell

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the truth the whole truth and nothing but the truth yes sir i do thank you mr chairman members

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of the board the comprehensive plan recommends this property for commercial shopping center

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zoning the proposed activity would be allowed by right if not for the northeast zoning overlay

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so the city planning commission recommends that the board grant these variants thank you mi 2021

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004543 12301 to 75 academy road i vote yes thomas holliman my vote is yes james snell

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my vote is yes. Ishmael Shaheed, my vote is yes. Thank you all very much. Enjoy your afternoon.

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Okay. MI 2020-003-442-1677 Folkrod Street. Raymond Derizio, the attorney. No letter as of yet

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from rco

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mr derizio has been promoted to panelists

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good afternoon mr chairman and members of the board i'm here for uh 1677 falkrod street

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Last name is spelled D-O-R-I-Z-I-O.

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Address is to Penn Center, Suite 520, Philadelphia, PA, 19102.

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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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Mr. Holloman has a few questions.

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Good afternoon, Counselor.

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Do you agree to the reading of the refusal and stipulate to his accuracy?

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Yes.

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according to our records there is no rco letter can you address this issue yes so there was a

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i've reached out to the rco seven uh several times i've attached our correspondences in my packet

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um there was a hearing scheduled i believe for august 12th

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we sent in our packet there were one or two documents that were not in there and i sent

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before the hearing a few hours before which was the I think a zoning map and a tax cert

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for some reason the hearing did not go forward it was cancelled or I don't know but the zoom

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meeting did not go forward following that we continued this case I reached out to the RCO

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several times and I have not heard back for any scheduling you know I am asking if we can at least

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proceed today and maybe keep the matter open so that we can meet with them um post-hearing um

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if that's possible my client has been um reaching out and trying to get a meeting to

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um meet with the community i also i also attach the the notices of that hearing when that was

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counselor we're going to go on with the case and then we'll we'll hold at the end and make a

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decision at a later date. Fair enough. Tanya, we're going to have the hearing and then close

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the record. Am I right? If you wish to do a resumption, you can do that or you can just

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vote at a later date is your call. Right. We're going to vote at a later date. Thank you. And

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And I'm just going to pull up my screen if that's okay.

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