civus
Hearing video

ZBA Hearing - March 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 3, 20214h 25m

Good morning, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our vice chair, Ms. Calitoneri.

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Excuse me, chair. I'm sorry to interrupt. Just remember that people have to still come in.

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Well, I'm sorry. I got ahead of myself.

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Yeah. Sorry.

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I think the numbers are staying stable around now, so you should be able to go soon.

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Thank you.

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we're good frank okay thank you again good morning everyone my name is frank di chico i'm the chair

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of the zoning board of adjustment i'll be participating in today's hearing along with

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our vice chair miss carol tennieri board secretary confessor plaza and board members

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mr thomas hollowman and mr james snell board administrator jason hand and our board attorney

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Ms. Sharon Saleta, are also in attendance. For those of you who haven't yet participated in one

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of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by

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participating, you acknowledge your agreement to be recorded and this recording will be available

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to the public on the web or otherwise. Third, for anyone participating by phone, if you wish to

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testify, you must raise your hand by hitting star nine and then star six to unmute yourself. I'll

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repeat. For anyone participating by phone, if you wish to testify, you must raise your hand by

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hitting star nine and then star six to unmute yourself. Finally, to enter an appearance statement

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call google 267-270-5548 and leave your email address and the address of the property at issue

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i'll repeat that for anyone for for to excuse me to enter an appearance statement call google

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267-270-5548 and leave your email address and the address of the property at issue and i would

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also like to remind everyone at this time please do not attempt to testify in the chat comments

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should be directed to our board administrator mr jason hand with that i will read the list

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of today the 9 30 list of continuances that have already been requested

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uh am i let's let's go with the add-on uh continuance first mi 2020-001076

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329 east worcester street the applicant excuse me let me get my i knew this would happen

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The applicant is to submit an amended application in order to obtain a revised refusal that accurately reflects the proposed use of the property.

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This hearing will be continued.

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MI 2020-000119, number 7 on our list, 3442 North 18th Street is continued.

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number 10 on our list mi 2020-000769 4356 josephine street is continued number 12 on our list

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MI 2020-002-708-635 West Olney Avenue. Number 13 on our list, MI 2020-002-703-802.

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002 703 802 North 63rd Street. If anyone objects to those continuances that have just been read into the record, please raise your hand at this time. Only if you object to the cases I call.

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there are no hands at this time mr chair thank you um i also understand that there's a third

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party request for number six on our list mi 2020-002-673-3120 north rosewood street

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is the applicant available

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mr chair i have mr charles robin mr charles richardson's hand up okay it's not the applicant

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No, he's not. He's a councilwoman's office. So is there applicant for 3-1-2-0 North Rosewood Street available?

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Chair, this is Sharon Saleta. On this one, we also have no exhibits. The RCO is requesting the continuance and it is the first listing.

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Okay. All right. Mr. Richardson, if you want to get on the record, if not, we're going to continue this case.

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That's fine, Mr. Chair. We were going to request that as well.

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Let's see. Number eight on our list, MI 2020-002709, 3410 North 17th Street. Is Mr. Masters available? There's a continuance request from the RCO.

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mr masters has been allowed to speak sir good morning mr minister please identify yourself

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with the record and i swear you in good morning mr chair members of the board steve masters

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attorney for the applicant from the law firm of just laws we're in the firm to tell the truth

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the whole truth nothing but the truth i do thank you there is a request from the rco

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for continuance and there's a notation if we don't continue it there's a letter of non-support

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yes um the uh without going into a long narrative which i believe the board does would prefer not

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to have in a continuance um motion we will um agree with um the rco's request for continuance

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But we do ask, because this is a case that is more than a year old, it was scheduled for, it was the appeal was brought to the board right at the beginning of COVID. And we had tried to get an RCO meeting starting in December, and the RCO was just quite busy and unable to accommodate us until late in February.

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So we didn't have the cushion that we normally would to have a second RCO meeting, which we, which we always are, of course, understanding about. So we are asking the board to expedite a continued hearing date. And I believe that the councilwoman is going to support that request.

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okay uh calendar number 2020 dash zero zero two seven zero nine three four one zero north 17

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street is continued uh we're going to put it as a must be heard steve um that's fine but is it

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possible to do it at the end of march or the very beginning you'll need to speak with tanya and or

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jason offline okay okay they'll give you a date um and now i think mr richardson just wanted to

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put on the record that he wanted to have a quick date as well richardson you want to get on i'll

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swear you swear you in mr richardson is now able to speak sir thank you good morning mr richardson

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please identify yourself and i'll swear you in good morning mr chair charles richardson from

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the office of councilwoman cindy bass room 312 city hall we support the request from both the

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applicant and the rco to have this case continued hoping that this can be uh scheduled as quickly

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as possible thank you uh and as i said to mr masters that'll work that out with tanya on a

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date. Okay. Any objections to cases that I

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call to be continued?

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Mr. Chair, Ms. Tina Marie

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mr chair uh miss tina marie russell is has a hand raised i can allow her to speak at this time if

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Russell.

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that is okay mr russell please identify yourself for the record and i'll swear you in hi tina

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marie russell north central philadelphia cdc swearing for him to tell the truth the whole

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truth nothing but the truth um yes i do please proceed um in reference to um the case on um

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reference 18th street,

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17th street with just laws.

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We have several more

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cases this month, so

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for us to, I could

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accommodate him next month.

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That'll get worked out with

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Tanya. I don't mean

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to cut you short, but that'll get worked out.

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All right? Okay, thank you.

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You should work that out with Mr. Masters and

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Tanya.

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Anyone,

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Any objection to the cases that have been called to be continued?

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Mr. Chair, Sloan Fulks has his hand raised.

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I can allow him to speak at this time.

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Mr. Fulks, good morning.

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Please identify yourself.

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Good morning, Chairman and Chief Bill,

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members of the Board of Adjustments.

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My name is Sloan Fulks.

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I'm from the Office of Councilwoman Maria Quinonez Sanchez

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from 508 City Hall.

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Thank you. I got it now. It wouldn't unmute. I'll be swearing for him to tell the truth,

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the whole truth, nothing but the truth. I do, sir. Please proceed.

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I am speaking in reference to case number MI2020-000769. The councilwoman is not an

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objection to the request of continuance, but we did send a letter, just literally sent a letter

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a few minutes ago. We'd like for the ZBA to disregard that letter of opposite, that letter

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that we sent. The councilman is working on negotiating a further discussion with the

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applicants and the RCO. Yeah, Mr. Anastasia, who's the attorney,

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already requested a continuance. I read that in earlier. Yes, you did, but the councilman wanted

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me to say that on the record okay understood thank you any objection to the cases that have

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already been called into the record to be continued

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chair this is sharon sletta there is one more third party request for continuance

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that is um number 13 oh i'm sorry um number 11 4320 germantown avenue

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okay isn't that the one okay i'm i'm confusing the other one all right uh that's uh a continuance

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you said it's a third party request for a continuance the rco is requesting it i believe

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mr anastasio will want to speak to whether it should go forward okay mr anastasio please

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good morning mr chairman can you hear me yes please identify yourself for the record

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verne anastasio a-n-a-s-t-a-s-i-o 1315 walnut suite 1006 philadelphia 19107

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thank you swear and affirm to tell the truth the whole truth nothing but the truth

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i do sir please proceed thank you i am representing the owner of applicant of 4320-22 germantown

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Avenue. Mr. Chairman, we mailed through VISTA printing, just like everybody else, to each and

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every household that we were asked to mail to with all pertinent information. We attended the RCO

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meeting. There was more than a handful of zoning committee members there, although none of the

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immediate neighbors showed up. The zoning committee was present. We were prepared to present. I

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I actually showed the committee proof that we mailed.

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I can show it here again, if you'd like.

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We're prepared to move forward.

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And we have signatures of, I mean, I'm sorry,

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we don't have signatures on this one,

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but we are prepared to move forward.

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You know, my client would like to rehabilitate this property

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that is literally falling in on itself.

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And we've met all the requirements of the code.

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Thank you.

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Is there anyone here who's representing the 13th Ward RCO?

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Mr. Richardson has his hand up.

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Do we allow him to speak?

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Yes, please.

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Good morning again, Mr. Richardson. You're still under oath.

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Good morning again, Mr. Richardson.

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You're still under.

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Good morning again, Mr. Chair. Yeah, Charles Richardson from the Office of Councilwoman Cindy Bass from 312 City Hall.

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We are in support of the continuance request for the RCO.

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Nobody from the community showed up. There was not even the other RCO, the co-RCO,

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uh nice town cdc who had a competing uh a competing uh issue that they were dealing

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with on that on that specific evening so they could not not attend either uh so we would like

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to give the opportunity for the community to actually have a chance to have a say uh we can

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assist with flyering if if mr anastasio would would uh submit to that and uh you know we can

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try to make sure that we get some some folks out to the next meeting

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yes sir i have to object uh because it's in the best interest of my client since we've made every

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uh we've met the burden of of notice uh we posted the property anybody walking down the down the

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sidewalk could easily see when the community meeting was and when the zoning hearing is so

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um that's all i have to say about that perhaps we could do a hearing hold if if it so pleases

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uh the board yeah we don't do the whole we do a resumption hearing um which means you know

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people could come in and testify uh which is it's it's very similar to a continuum right it's akin

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to a continuance i think it's a distinction without a difference in this matter so i mean

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Yeah, it sounds like the Councilwoman is trying to be helpful, would like to engage in this application.

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I don't know what the earliest date is.

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Maybe we go offline, you could talk to Tanya and see if there's an early, the earliest date that may help you make a decision on behalf of your client.

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So, Chair, just so we all are clear, continuances are going to be late June, early July.

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I think you answered the question.

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I can't even go along with it.

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So we'll do it here.

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Yes.

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Excuse me.

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This is Sharon.

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Though you generally wouldn't allow a resumption hearing in a case where there had been no community meeting in this case, certainly your call, because there has been the requirement for an RCO meeting has been met.

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If you wanted to schedule a follow-up hearing limited only to further community feedback, you could do that.

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so we wouldn't refer to it as a resumption well no it will be a resumption i was saying that it

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recently the board has taken the position that where there has been no community meeting at all

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you will not do that you won't go forward at all but but in this case that has been done so all

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right so vernon yes but said hearing would still be june or july is that correct a resumption hearing

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or no? Ms. Sunkett, are you online? Can you, if this were only a follow-up hearing

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regarding the results of the second RCO meeting, would we be able to give Mr. Anastasio a date

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today? I would have to check. I wasn't prepared because I didn't think we were doing resumptions,

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so I would have to find a date. Okay. All right, so you're number 11 on our list. We have a few

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ahead of you, Vern. Why don't we just take a break? You'll work, talk to Tanya, and then

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we'll see if we can figure something out to accommodate you. That's fine. I'm available

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via email, and I have that on my phone, so that's fine. Thank you.

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All right. We'll get back to you. Thank you. Thanks, Sharon. Thank you, Mr. Litta.

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Okay. Is there anyone who would like to request a continuance or withdrawal

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at this time? Please raise your hand.

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Mr. Joseph Vaccaro has his hand raised. I will allow him to speak now, sir.

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Good morning, sir. Please identify yourself with a record and I'll swear you in.

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Good morning, Attorney Joseph Vaccaro, attorney ID 83366, address 5918 Torresdale Avenue, Philadelphia, 19135.

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Please spell your last name for the court reporter.

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V as in victory, A-C-C-A-R-O.

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You're swearing the firm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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And what case are you calling a reference to?

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Number nine on your list, 4154 North 7th Street, MI 2020-000657.

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Okay. Are you asking for a continuance?

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Okay.

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Are you asking for a continuance?

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Yes, we are. We'd like to meet again with the RCO. My last communication with the RCO indicates that their next availability would be March 16th.

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Yes, we are.

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We'd like to...

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By way of background, there was a meeting with the RCO before I was retained on this project back in October of 2019, and there were five votes against and one vote in support.

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So we'd like to revisit it with the RCO and hopefully turn the no into a yes.

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Okay. So MI 2020-000657. 4154 North 7th Street is continued.

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Much appreciated. Thank you.

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Anyone else requesting a continuance or withdrawal, please raise your hand.

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no further hands at this time mr chair thank you we'll go to the add-on the and then we'll

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go to the regular list carol so the add-on is mi 2020-001-333-2027 ellsworth street my vote is no

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my vote is no my vote is no my vote is no my vote is no my vote is no

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yeah i think with that carol we can begin the regular list

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unless i've left something out if not let's go forward calendar number 2704 10908 knights road

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The owner is Giovanni Williams.

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