civus
Hearing video

ZBA Hearing - September 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 15, 20204h 33m

ronald patterson claire harrison law firm 1835 market street philadelphia pa 19103

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and do you swear to tell the truth and nothing about the truth i do uh do you also agree to

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the reading of the refusal and stipulate to its accuracy. I do. Thanks. You're

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welcome. With me is Michael Sommer who's a Senior Vice President of Development

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and Construction with Cedar Realty. I'd ask if you allow him to participate as

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well. Frank, do you want to swear him in? Ron, get him on the record. We'll

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Ron? Yes. We'll get him on the record and swear to me. Yes, please.

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get him on the record and swear to me?

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Yes, please.

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What's the names? Michael Sommer, S-O-M-M-E-R.

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Michael Sommer, please spell your name, give us your address, and I'll swear you in.

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Sure. Michael Sommer, S-O-M-M-E-R. The address is 44 South Bales Avenue, Port Washington, New York, 1-1-0-5-0.

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Thank you. Swear and firmly tell the truth, the whole truth, and nothing but the truth.

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I do.

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I do as well.

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Thank you. Can you see my screen?

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Yes.

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Okay, great.

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So this application regards, its address is 2301 Oregon Avenue.

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It is a large shopping center that is bounded by Oregon Avenue, 23rd Street, 24th Street, Rittner, and Pashunk Avenue.

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It's the shopping center that has the Ross and the ShopRite supermarket.

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The application is quite simple.

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So back last year, by legislation through a bill, the property was rezoned from CA2 to CMX3.

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And what that enabled Cedar to do was apply for, and we obtained a zoning permit to redevelop the shopping center by demolishing many of the buildings, rebuilding them, rebuilding new buildings, but also containing a residential component and parking garage.

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It was done by Bill, as I mentioned. The bill had tried to encompass everything that we thought we knew about at the time, but it did not address what we're here today to do is to remove and replace the two existing pylon signs that have been there as long as I can remember.

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So this site plan we're looking at now shows the area of the two signs. Sign number one to your right is at the corner of 24th and the points where Rittner and Pat Shunk may meet on Pat Shunk.

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and sign number two is at 24th Street and Oregon Avenue which is in front of

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the vacant Burger King building. I'll go down to some photographs here. Here is the

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zoning map that shows it was changed to CMX 3. This will get you acclimated to

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the shopping center which I'm sure you know which one it is. But as we go

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through the photographs you'll see the signs that we're speaking about. Here's

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the shop right over here to the right. There's demolition that was going on but

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it had temporarily stopped due to our shutdown which will restart shortly. So

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that's sign number two and we'll go through here. Over here to the left would

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be shop right. Here are the new buildings that are under construction. This is the

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rear of Ross here this is the sign here well you can't see that one okay here

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these two poles were the former sign at 24th Street that's sign number one

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another version of it this is signed to see the bacon Burger King at 24th and

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Oregon Avenue. So the refusal for both signs involves two things, exceeding the

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height limitation and exceeding the maximum area of the signs.

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actually just the maximum area. But here's, okay, here's what we're

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looking at. Sign 1 is the one that I showed you, is just two vacant poles. Now

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under the rules, if we remove a sign and replace it, we'd have to we have to

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file for a new application. I think that goes back to probably, as you all may

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recall the shenanigans that we used to go on with billboards so once you remove

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the billboard pylon or structure it's no longer grandfather you'd have to apply

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for a new sign so to the right here is the existing sign see the two poles here

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Here is the existing sign.

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See the two poles here.

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to the

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To the left is the new sign that we're proposing.

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It's actually shorter in height and actually smaller in sign phase area, which I'll show you after this next slide.

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This is sign number two, also shorter in height and smaller in sign phase.

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And here's the analysis I put together. You're allowed at 100 square feet per side. The existing is 597. We're proposing 681, but the way Al and I calculated it, that total sign area.

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Bear with me here.

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You see this wooded area?

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Alan, I actually calculated this whole entire panel as the sign where it actually should

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have only been this area here.

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So if you see my chart here, our sign area is actually less than what's existing.

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We're sign two where the Burger King was located.

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We're at 142 square feet, and our proposal is 137.

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We did duly notice and met with virtually, of course,

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Gerard Area Residents Association, which was also attended by Gerard Estates Neighbor

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Association. I believe you received a Gears letter or email yesterday from Jody Della Barbera.

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The signs, as I mentioned, were existing. We're just removing and replacing. We do need the sign

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area because of the size of the shopping center. It is a very large shopping center,

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It needs to be identified because of the volume of traffic that passes through Oregon Avenue, Pachonk, and also coming off of the Schuylkill Expressway.

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The number of tenants that are there and that will be there exceeds the amount and size of panels that could be safely and viably seen by a motorist or a pedestrian, which warrants all those typical signed panels.

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So therefore, we feel that hardship is met due to the physical configuration size, location of the property, the past uses, the current uses, the existing signs, and the replacement signs.

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With that said, I want to ask Michael Sommer again to introduce himself with his name and address.

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Michael Sommer, again, 44 South Bales Ave, Port Washington, New York, 11050.

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Michael, what's your position with Cedar Realty?

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I'm Senior Vice President of Development and Construction.

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And you've heard my introduction, my statement.

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Would you agree that it is true and accurate?

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I do.

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And do you would like to elaborate on anything I've stated or the need for these signs?

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No, Ron, I think you covered it.

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You know, obviously it reduces the square footage of what exists today.

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It reduces the height of what exists today.

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And needless to say, from an aesthetic standpoint, it's an upgrade, to say the least.

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Thank you. That's all I have.

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Thank you.

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Questions from the board?

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No.

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No.

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Anyone else wish to testify in this matter?

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If so, please raise your hand.

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no hands at this time thank you planning commission this property is indicated for

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community commercial mixed use on the city plan we have no objection to the granting of the

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variance thank you mi-2020-000990 2301 oregon avenue my vote is yes my vote is yes my vote is

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yes my vote is yes great thank you very much thank you nice to see you all good luck good to see you

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be safe calendar number mi 2020-000911 2051 walnut street the attorney is dorothy hamill

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Not to skater Frank

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Gosh

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gosh Hamill you have been promoted to a panelist you can share your screen

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Hamill you have

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and unmute yourself

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Ms. Hamill you're going to mute yourself okay

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good afternoon everyone good afternoon um miss hamill can you please place your name and address

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on the record dorothy and hamill one two three south broad street suite 2100 philadelphia

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1911 oh 19109 okay and do you also swear or affirm to tell the truth and nothing but the

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truth. I do. Last question. Do you agree to waive the reading of the refusal and stipulate to its

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accuracy? I do. Thank you. Present your case. Coffee. I like this. We could all use it this

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afternoon. I know. So this is, this presentation is for 2051 Walnut Street. It is where a sit down

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restaurant. It's actually a coffee shop that will be serving coffee, tea, seasonal beverages,

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and it will also be serving pastries and baked goods that currently are going to be provided by

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Friday, Saturday, and Sunday, which is a local restaurant in the neighborhood that we've been

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talking to, so there's going to be no cooking in the space other than the

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making of coffee, tea, and drinks. It's a, I'm showing, this is the space used to be

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Purefair. This space has been used as a restaurant for quite some time, but

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strangely doesn't have zoning uh for it they had gotten the prior owners had

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uh use permits and not use permits had um food prep licenses and all of the required health

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department approvals to operate a restaurant they just didn't actually have the zoning to operate

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And so when our client went to apply, found out there was no approval.

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The use of a restaurant in CMX4 requires a referral.

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These are pictures of the current structure, what it looks like now.

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It is the corner of the property.

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If there's a refusal, this is the internal plan for the property.

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The space is also going to have, there's going to be a small space in the premises for the

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sale of various CBD oils.

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we have as witnesses here Chris Stone is the owner of coffee shop which is

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Alchemy Coffee. He has experience and had a prior coffee establishment. The other

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party is Brad Buck. He is the one who will have a small space in this in the

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shop for the CBD oils. He also has a current shop selling the CBD products. There's no planned

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changes to the exterior of the building or any changes to the interior, which would

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increase square footage and we're basically taking the existing existing

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envelope and are going to upgrade it clean it up there is as you can see

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there are two there's two existing signs that are on the premises we're simply

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going to reuse those existing signs there's an existing takeout window

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that's going to remain you can see on the next slide there is a where the takeout window is and

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then there is the uh the door which will lead into the kitchen you'll see that the property

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You'll see that the property is on the corner of Moravian, and it has been a bit of a

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is on the corner of moravian and it has been

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bone of contention for the Neighborhood Association because there's been a number of toters on

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the corner of Moravian Street. They've always been licensed dumpsters, but because the property

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takes up 100% square footage of the land area. There isn't a place to keep a dumpster. So in

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order to address what was an issue long before we got involved, we spoke to an adjoining property

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owner who has agreed to give us a license to place a dumpster about 100 yards away on Moravian

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Street, along with the dumpster for a residential property. We're going to have

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daily commercial trash pickup. There's going to be storage of trash on the inside of the premises.

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We met with the Neighborhood Association, and that was, as you're aware, CCRA has a number of

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provisos that they require for new restaurants. We had agreed to all of

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those provisos. The most pressing one for them was the trash storage inside, which

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we have agreed to do. These are some pictures of what the interior of the

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space will look like. Very simple design as you can see in the very back where my

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cursor is. That is where we'll be selling coffee, tea, related accessory items and

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then they'll also be the small space for the CBD oils which were permitted. This

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is a just picture of what the former retail space looked like. We're recreating the same design

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in this space. There's a sample menu attached with just some of the coffee and tea items that

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are going to be provided. This is what the current CBD space looks like. Independent CBD

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is the operator. This is what just a sampling of what the space will look like.

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We met with the CCRA about two weeks ago.

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They were, they've issued a letter of non-opposition for the project.

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And I have the architect, Leah Lippin, and Evan Lippin here to answer any questions as well.

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And as I mentioned, the operator, Chris Stone, and Brad Buck are also available for any questions.

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And I can now ask if you could allow them to be unmuted.

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They can affirm the testimony.

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Bradley Buck you've been unmuted wait to be sworn in Lee 11

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you've been unmuted wait to be sworn in are there any others

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Kristen I'm here you have to raise I'm sorry

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we're here are you with together or separate or chris and i are together so miss hamill maybe just

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need one of your witnesses to testify on behalf of okay name and address chris

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hi uh chris stone s-t-o-n-e uh current address is two zero five one walnut street

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uh one nine one zero three we're in the firm to tell the truth the whole truth and nothing

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about the truth i do thank you miss hamel chris have you been um have you been present for my

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entire presentation and heard the testimony that I presented to the board yes and you affirm that

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testimony is would be your testimony it's true and correct correct yes and Leah have you been

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And, Leah, have you been present for the entire presentation on this project?

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present for the entire

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Yes.

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And did you prepare the drawings that were presented today?

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Yes.

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And do you accept the testimony that I've presented as true and correct and adopted as your own?

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Yes.

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Chairman DiCicco, I think that's all we have right now.

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Okay, thank you.

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Questions from the board, and I have a question.

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Sharon or Tanya, Ms. Hamill mentioned some provisos.

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I don't have the list in front of me.

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I don't know if anyone else has a list.

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I actually, I did review the provisos that were requested by CCRA,

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and they are things that wouldn't be permitted anything in any case they have

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to do with not having music or sound audible but this is a sit-down

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restaurant they asked for the disposable where to do with this use normal

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provisors but there was miss Hamill mentioned something about a proviso

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regarding trash storage yeah i thought miss hamill said they made an agreement with a

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property owner about 100 yards away and then i thought i heard miss hamill correct me for wrong

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storage inside um the plan is that we're going to store the trash inside the premises

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every day and then at the end of the day we will bring the trash to the dumpster that we've got

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an agreement with a neighboring owner. We'll deliver the trash to the dumpster at the end of

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the day, and then trash pickup will be daily. I would like to also point out part of, you know,

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we started this project before COVID hit, and one of the big components of this was that Chris

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really wanted this to be, you know, as environmental and friendly as possible. So the plan was that

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there would be um you know certain uh advantages to you know people buying the the mugs and the

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cups and then you get a small discount for not using disposable obviously in these times you

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know i suspect that not as many people will take advantage of that but down the road that's sort of

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The idea is eliminating as much of the disposable waste that we can.

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Can I suggest that you do provisos for trash stored indoors, commercial trash pickup daily?

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I got commercial and it will say trash.

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