civus
Hearing video

ZBA Hearing - March 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 16, 20225h 49m

So when you acquired this property, did you acquire it with daycare in mind?

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I purchased the property not knowing exactly what I was going to do with it.

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But the fact that I know my daycare will be different than the ones in the neighborhood, I decided to do that with that property.

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Okay.

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So have you investigated costs with a realtor about either selling it to somebody to use as a single family home, renovating it, renting it, reselling it yourself?

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No, I have not because I own the property and I'm going to do.

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That's fine.

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Thank you.

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I don't have any other questions.

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questions or comments from the virtual audience

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see no answer oh yeah i see a hand from us diane settles sorry i'm allowed to speak

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miss settles is my witness um i think i'll call her um as my first witness once

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I think I'll call her as my first witness once Ms. Lewis's case is done, but we can probably hold off on.

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miss lewis's case is done but

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Her case is done.

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She's done.

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Okay.

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Excuse me.

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Can I make a comment regarding Ms. Diane Settles?

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Ms. Diane Settles is not located within the RCO boundaries.

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Okay.

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Ms. Settles, please, I have a...

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Okay.

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Call your witness.

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Thank you, Mr. Chairman.

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I'd like to call Diane Settles.

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Ms. Settles, if you could unmute yourself.

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good morning um wait a minute could you state your name and spell for the court reporter

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yes my name is diane d-i-a-n-e last name is spelled s as in sam e-t-t-l-e-s

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do you swear for him to tell the truth the whole truth and nothing but the truth

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yes i do proceed counsel miss settles i'm just going to ask you some questions and you can

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answered. We spoke about, you know better than I do about this property. So can you tell me

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briefly where you live? I live at 1313 South 49th Street. So my understanding is that's about two

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blocks away. A block and a half. Maybe this would be easier. I have my associate, Rachel Rempell,

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we could promote her. We have like a satellite imagery from the atlas of the program in the

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city Philadelphia website so we can see an overview but I'll continue while we do that

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um so Ms. Settles um in addition to living there are you involved in any local civic organizations

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yes I am um King Cesson Area Civic Association which is the RCO and the third councilmatic

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district I'm also a committee person um in the 27th ward 17th division which falls in this area

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where Ms. Lewis' proposed daycare will be.

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Okay.

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And so have, now, do you have an opinion about this proposed daycare?

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If you could explain why?

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Yes, I do.

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I would first like to say that Ms. Lewis did not post the first zoning notice

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until after I had contacted Andrew Goodman and the other RCOs that are on this.

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Understood, but let's talk about the properties and the use that's going to be here.

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So she's going to have a daycare there.

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What about the use might you be concerned about?

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Well, because this is a residential area and the homeowners want to retain that

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since those homes have been residential since 1940.

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That is what the opposition was about,

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as well as about the safety of this establishment.

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You actually, you submitted a letter

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on behalf of your organization,

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Concessory Area Civic Association, that's correct?

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That is correct.

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And can you tell me, we also submitted a bus schedule.

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Can you tell me about that and what you're saying?

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And if there's any, if you personally know if SEPTA buses are going by and the impact that this might have on that?

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There is a, historically, there's been about 12 buses there that goes at the very corner of where this establishment will be at.

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There are three stop signs there. There is no light there whatsoever.

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There are other things that will prohibit parking there at that establishment as well.

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So if that bus was to turn, would not if, when that bus turns, it needs to have clear passage to continue on to its route.

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Okay.

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And so, yeah, I'm going to share my screen because I don't see my associate.

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There we go.

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Doing that.

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And so, in addition to the SEPTA buses, are there any other interferences that might happen here?

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larger vehicles or other things?

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There are tractor trailers that come there.

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That's a gateway from the sanitation department,

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which is sanitation number one.

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That block is also a feeder off of Grace Ferry Bridge.

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There's many obstacles that would prohibit a safe passageway

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at that establishment.

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So I put up a satellite photo on the screen. If you can see here,

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does this look like where the blue dot here? This is page 39 of my of my exhibit package.

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Does that look where the property is?

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yes i would say that is right so this is a 50th and pascal right here um and um to give everybody

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Yes, I would say that it is.

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an idea there's trucks they come down woodland um and then they sometimes come down 50th here

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to then cut across and go right by this daycare is that correct that is correct and we're talking

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like big rigs right six 18 wheelers yeah and how about out um here out of this factory here on

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pascal that comes out of pascal avenue are there any trucks that come out of there yes it is trucks

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that come in and out that um lots of them or just a couple well that is a major national company so

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So I would say yes.

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Okay.

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All right. Is there any other reasons why you want to mention that you took time out of your schedule here to be here to oppose us today?

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Because the community feels as though that it would jeopardize the health and wealth and well-being of this tight-knit community, which they have been, as I stated before, since 1940.

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um you didn't mention i would like to retain it it's a well-kept block is there anything about

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the hours of the daycare or the number of kids that you might be concerned with

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oh according to miss lewis she said that she would start off um with five to six days a week

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and that she would go to be put in the act for 24 hours um as an establishment whereas there are

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other 24-hour establishments already in this area. In our exhibit package, we mentioned

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or we actually put a list of other daycares. You're familiar with a number of other daycares

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in the neighborhood as well? Yes, I am. And are you familiar at all if there's vacancies in there

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if they're all full and well um most of them are full is two that are pending opening and um one is

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a 24 hour um then the other ones are from 7 30 to 5 38 um p.m and then um you know the 24 i stand

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corrected there's two that's going to be 24 hours yes one which is right around the corner on 49th

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woodland and one that is on the corner of 51st woodland that the one on 49th and woodland that's

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in like a commercial corridor or shopping center yes it is and there there might be other that's

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a block away there there are probably other commercial spots that would be open for a daycare

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like this right they may be yeah on woodland avenue yes great thank you no further questions

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um i i have uh another neighbor i'm going to try to do things different so that we don't you don't

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hear the same thing from different people and uh my the next neighbor is estelle alley

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and um miss alley submitted a letter as well so we'll just summarize what her letter was

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miss holly could you raise your hand curry alley

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i believe it is i don't know how to speak right now if i could ask you mr chairman my my associate

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Rachel Rempel has her hand raised.

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If we could promote her, she could just help me.

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Wow, you just told me Kerry Alley.

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Do you want her?

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No, she's my witness.

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I've been trying to get my associate to be promoted as a panelist

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just to do the electronics for the screen.

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Okay, go ahead. Sure, sure.

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I'll proceed meanwhile.

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Ms. Alley, if you could.

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

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Good morning.

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My name is Rachel Rempel, R-A-C-H-E-L-R-E-M-P-E-L

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of Feynman, Crexstein, and Harris on behalf of the

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Protestants. Do you swear or

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affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Ms. Ali, could you

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I'm trying to get

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your client, Curry Alley on it.

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Could you state your name and spell for the

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court reporter, please?

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Good morning. My name is, can you hear me?

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Yes, we can.

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Good morning. My name is

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Estelle Alley.

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E-S-T-E-L-L-E

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A-L-L-I-E

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all right thank you do you swear or firm to tell the truth the whole truth and nothing but the

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truth yes i do thank you proceed counsel miss alley we spoke yesterday you told me um that you

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had a lot of feelings about this project that meant a lot um that you to take out a time out

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of your schedule to be here today please tell us um what you what you feel about it where you live

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start with where you live and then what you feel about the project okay i am a near neighbor i live

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in the 1400 block of South 50th Street within 250 feet of the

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South 50th Street within 250 feet of the proposed daycare.

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Okay, thank you. And are there any reasons of the neighborhood, the streets here,

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why are you concerned about the location of a daycare in this location?

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Well, I'm concerned for the children, the safety of the children, as well as for the safety of the

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neighbors. Within my letter that goes into depth, I believe that the panel has some pictures that

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were taken and sent that also tell the story of how many trucks come down our street and turn

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where the proposed daycare is.

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Okay, that's the 1400 block that you're showing now

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of 50th Street with, and at the very right,

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which looks like it's a tan or yellowish house.

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That's where the daycare is proposed.

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I've summarized my letter, if I may read it,

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because I'm not very good at ad-libbing if I'm allowed,

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it won't take long if I'm allowed to. It'll probably be easier for you to just summarize I

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think you know it's a very nice letter which is in the record but let's go through some of these

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incidents that you referenced in your letter so it looks like there was a number of pictures of

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car accidents on this block correct um uh there have been at least within the uh the last year

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no two uh accidents directly across the street uh well i'll talk about the one that you're showing

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now this was it uh within 80 okay so uh the car a car accident where where um a car sped down

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Paschal Avenue, turned at 50th and Paschal which is turning right where the proposed daycare is,

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sped down 50th Street going the direction of Woodland Avenue, lost control, ended up going up

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on the sidewalk and would have gone on the neighbor's porches if not for

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of the hand railing that was between the houses you're seeing some of the debris where the car

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actually sideswiped the number of vehicles um the uh mr harvitz i mr harvitz i i think i understand

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so this is down the street from where it is right so this is a i understand there could be accidents

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things so could we move on please yeah of course thank you um so um miss ali there a lot so you

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you had given me a bus schedule which we enclosed is there a lot of buses that go past here or

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um um yes uh kitty corner to the home is a september route 12 bus stop on 50th street

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it turns east and travels down pascal avenue um the bus schedule that i reviewed reveals that on

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weekdays between the hours of 7 a.m and 6 p.m it passes by the home uh approximately 38 times

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on Saturdays. Okay, that's fine. Thank you so much. So I have, and you also said that you see

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lots. All right. So you did, you know, we didn't see a traffic study from the applicant, but you

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tried to figure out about the traffic here. Is that correct? Yes. Yes. By just getting a

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up to schedule, yes. And the trucks and stuff too, right? It ties into what Ms. Suttles had

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mentioned, that when a bus turns, if there is a car parked, and at times with daycares, it happens

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it shouldn't, but it happens, or double parked, it can adversely impede. A bus will not be able

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to operate. Thank you. We understand. All right. Thank you. So no more questions. And

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if Ms. Lewis doesn't have any questions, I have one more witness, which is Jamie Kushner of

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Paschal Partners. She, in addition to owning properties right next two doors down, her company

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also owns the big factory right across the street. Okay. Hi, my name is Jamie Kushner,

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J-A-M-I-E-K-U-S-H-N-E-R. I'm an owner of the factory across the street at 5,000 Pascal Avenue.

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Right. Wait a minute. Do you swear a firm to tell the truth, the whole truth, and nothing

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but the truth? I do. Proceed, counsel. Thank you. Rachel, if you could go down to the satellite

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Proceed, counsel.

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Thank you.

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Rachel, if you could go down to the satellite photos, like the middle.

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like photos.

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So, Jamie, please tell me, do you operate the factory across the street from this property?

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Yes, we do.

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Yes, I do.

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And as a part of that operations, are there trucks that come in and out of your property?

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There are constant trucks, flatbeds, 18-wheelers coming in for pickups and deliveries all day, six days a week, 7 a.m. to 6 p.m.

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And we're talking about a driveway located directly across the street from the proposed daycare. Is that correct?

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Correct.

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And are your trucks the only trucks that go on these residential streets in this neighborhood?

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No. In addition to our factory here on the other side, we're actually 50th Street and Paschal is a feeder streets into Grays Ferry Avenue and the bridge leading into Interstate 76.

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So there are constant, I-95, so there are constant buses, trucks, trailers coming down our street.

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