civus
Hearing video

ZBA Hearing - October 25, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 25, 20234h 25m

So that's fine.

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I'd like to eventually move forward with this.

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The client is waiting for a disposition.

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We do have a permit, Mr. Chairman.

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It's associated with a different address.

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and we're just fixing it's really a clerical issue as to why we're even here but it looks

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like there's no dispute for the nunc pro tonk so i um i suppose we could just move forward

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once the nunc pro tonk is granted on the second appeal i would be willing to withdraw the earlier

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appeal um but i don't do we actually vote on this hillary um yes no we we do vote and i just i just

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wanted to clarify um unfortunately we can't even though the one violation was closed and an identical

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one was open we can't just swap them out because the appeal is tied to the violation that's why

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the one appeal would need to be withdrawn and then a new appeal filed um so i i know it's

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a little bit of a hassle but that's just that's how we have to do it to keep to keep things in

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order so we appreciate you um doing this this process thank you all right i appreciate that

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Yeah, that's fine. As long as the Nug Pro Tunk is granted, I'll withdraw the earlier appeal. We'll move forward on the second one.

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Hillary, we vote. This will be a vote of appeal granted.

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Yes.

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Okay. MI 2023-003-050-2940 East Tioga Street. I vote yes for appeal granted.

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Thomas Holloman, my vote is yes for appeal granted.

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Ishmael Shaheed, my vote is yes for appeal granted.

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Hillary, are we through?

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Yes, and then now Mr. DeMarco can just formally withdraw the prior appeal for the record, and you can note that on the record as well, Mr. Chair.

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Yeah, since the appeal, since the newer appeal has been granted on the more recent violations, I'll withdraw the previous appeal at the request of the board.

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Okay, thank you.

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so we'll have another hearing date on this is that it yes yes now that the appeal has been

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accepted by the board um the staff will reach out to you with a new date all right hopefully

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we'll have a resolution by then as well okay sounds good mr demarco thank you all right

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thank you have a good afternoon everyone mi 2023 002 104 17

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MI 2023-002-104-1714 Washington Avenue.

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Dawn Tangrady is listed, and possibly Clementa Amazon.

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No RCO letter as of yet.

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Actually, Ms. Tangrady just sorted one to me this morning, Mr. Chair.

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It is a letter in support, yes.

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So there is an RCO letter in support for Point Breeze Community Development Coalition.

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Good morning, Mr. Chair.

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Just state your name for the record. I think I swore you in once today.

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Yes. Dawn Tancredi, T-A-N-C-R-E-D-I.

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Could you identify your client and relationship to the property?

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Sure. Good morning, Mr. Chair and members of the board. Dawn Tancredi here today on behalf of 1714 Washington Avenue L.P., the owner of 1714 Washington Avenue.

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And our vice chair has just a few questions for you.

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Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed in all the required documents that are needed and required to proceed with this case five days in advance of this hearing?

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Yes, my office sent them in.

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Thank you. Please proceed and share your screen.

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Okay.

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Okay, so with me here today is Michael Carosella, one of the members of the Limited Partnership.

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Also here is Felicia Diara. She is the architect from Landmark Design that is available to answer any questions.

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We are here seeking a use variance for three residential units on the second floor of this building.

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I would ask that the materials that I submitted be incorporated into the record as well.

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Read.

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So, the proposed space is approximately 5,400 square feet, and it is vacant.

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My client recently evicted the commercial tenant.

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In fact, my client has had to evict several tenants since they've acquired the property in 2005.

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The evictions are evidence that the space does not work for commercial tenants, in particular because it's on the second floor and in the middle of the block.

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As for the property, you can see here from the site plan, it does run from Washington Avenue through to Alter Street.

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Altar Street is a residential block. On the Washington Avenue, the property is adjacent to a family dollar and an auto zone.

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Other properties in the area are mixed use. In particular, right across the street at 1731 Washington Avenue, a building is under construction with commercial on the ground floor and residential above.

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of. So the proposed use makes the second floor feasible and an active space. There are three

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designated parking spaces, one for each unit. These complements the surrounding area on

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Alter Street and the other mixed use projects on Washington Avenue. And we did meet with

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the RCO. As you noted, we have a letter of support. While the architect is available

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to answer specific questions, I'll give an overview of the plans. There's one unit facing

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Washington Avenue. It's approximately 2,100 square feet, and it's a three-bedroom, two-and-a-half

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bath unit. There's two units that face Alter Street and each of them are one bedroom one

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and a half baths. There is a pilot house which you can see here on the elevations that leads

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to a roof deck. And here's photos of the interior space you can see as it exists today.

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And here's the commercial building, the property at 1714, and this is the back of the property

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And this is the back of the property on Altar Street.

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on Alter Street.

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There's some surrounding area photos of Washington Avenue.

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And you can see the residential uses on Altar.

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Does the board have any questions or would you like to hear from the architect?

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I think at this point, we understand what the project is.

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I would like to call my client to adopt my testimony.

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Could someone please promote Michael Carosella?

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They've been allowed to speak.

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Sir, could you please state your name?

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

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Hello, my name is Michael Carosella, C-A-R-O-S-E-L-L-A.

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Right.

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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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Please proceed, counsel.

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Thank you.

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And Michael, have you heard my testimony today?

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Yes, I have.

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Is it true and accurate?

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Yes, it is.

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and you adopt my testimony as though it were your own yes i do thank you i have no further

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questions questions from the board no mr chairman no chair questions or comments from our attorney

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hillary emerson no this is time mr chair questions or comments from the virtual audience

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yes i have a handout from a number ending in 3780 i have allowed them to speak at this time

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why could you state your name and spell for the court stenographer

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good morning my name is gail matt i'm a long-time resident of south philadelphia

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and i would like to hold ma'am could you state your name again and then spell it please for

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the court stenographer gail map g-a-i-l-m-a-p-p right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth yes are you a neighbor

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i i live in south philly i'm a resident okay and i walk to and from i'm 18th and reed so i'm not

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far from you. I walk that way every day. Okay. So please proceed. Okay. Good morning. My name

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is Gail Matt, and I'm a longtime resident of South Philadelphia, Philadelphia area.

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And I walk to and from Center City every day. I see apartments, condos that are empty, houses

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that's up for sale and rent, they're empty.

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So we're overpopulated with housing.

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So I would like to oppose this change that they're going to make on Point

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Breeze Avenue.

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I would like to stay business and commercial because we don't want to lose

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the commercial stores that we have in the Washington Avenue area.

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So, I would like to oppose this.

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Okay, but you're aware the first floor is still going to have commercial, right?

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Why can't Washington Avenue be all business instead of building a whole lot of apartments and condos?

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All right, I'm just saying that the first floor is still commercial.

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Okay?

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Business commercial, yes.

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All right.

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And Mr. Chair, I would just object to that testimony being included in the record as to standing that MISMAP lives at least eight blocks away.

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Okay, I understand. Thank you for your call. We appreciate it. Is there anyone else in the virtual audience?

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I do not see any hands, Mr. Chair.

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Thank you, Chair Bergman. Ian Hegarty again for the Philadelphia City Planning Commission.

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board members the comprehensive plan recommends a zoning map change from industrial 2 to irmx

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the proposed use we feel is generally consistent with the recommended zoning district and so the

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city planning commission recommends that the board grant this variance thank you mi 2023

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002 104 1714 washington avenue i vote yes thomas holloman my vote is yes

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this bill shaheed my vote is yes thank you counsel thank you have a good day

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um is there anyone in the virtual audience

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Is there anyone in the virtual audience that their case has not been called?

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that their case

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I do not see any hands, Mr. Chair.

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Thanks, everyone.

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See everyone at 2 p.m.

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Thank you.

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All right.

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Thank you.

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Good afternoon.

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My name is Bill Bergen, and I will be chairing this afternoon's EBA hearings.

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Are we okay, Fertina?

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Yes, Chair. Go ahead. I'm sorry.

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That's okay. With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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Present, Mr. Chairman.

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And Emily Persico from Development Services will be serving as our alternate Board Member.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Here's our virtual format. Be advised if the proceedings are being recorded. A video will be available by contacting tanyasunkett at phil.gov.

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

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If you're participating by phone and you wish to testify, press star nine to raise your hand and star six to unmute.

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

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Leave your email and the address of the property question.

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

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All comments should be directed to our executive director, Tanya Sunket.

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Let's look at our schedule for this afternoon.

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Number

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Right with you

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Number three

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MI 2023-003-492, 2219-23, North 2nd Street. That case is continued.

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Number five.

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MI 2023-003-505, 2113-29, Oregon Avenue. That case is continued.

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Number eight, MI 2022-007-295, 5737 Elmwood Avenue.

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I understand we have a request from Vern Anastasio to continue this case.

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Mr. Anastasio.

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Good afternoon, Mr. Chair.

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He has been allowed to speak.

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Mr. Anastasio, you've already been sworn, if I remember correctly.

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Just state your name for the record.

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

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Mr. Anastasio, I understand for 5737 Elmwood, you're requesting a continuance?

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I am, unfortunately.

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I understand that there's been several listings, but we have yet to be able to secure an RCO meeting.

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As a result, we would like it continued.

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I'm not quite sure if it's best to do a moving party, you know, attorney moving party so that we don't have to ask for yet another.

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But we're working with the folks at Southwest Philadelphia to have a sit down and work this out.

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So MI 2022-007-295-5737, Elmwood, cases continued, attorney moving party.

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Thank you, Mr. Chair.

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Number 12, MI 2023-003-510-2809-13 Master Street Cases Continued.

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And number 16, MI 2023-004-699-2113-29 Argonne Avenue Cases Continued.

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are there any comments

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relative to the cases that have been continued?

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Chair, I have

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Dr. Darwin Bovey with his hand raised.

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I'm allowed to speak

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at this time.

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Mr. Bovey, would you...

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Mr. Bovee, would you state your name and spell, please, for the court stenographer?

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Yes. Darwin Bovee. That's Darwin, D-A-R-W-I-N. Bovee is B as in boy, E-A-U-V as in victory, A-I-S as in Sam.

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Mr. Chairman, I...

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

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I do.

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You want to talk about number four, sir?

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uh is it number four 306 to 08 parkside yes yes we are withdrawing that one thank you so

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mi 2021 004 548 4306 to 08 parkside avenue that case has been withdrawn thank you thank you for

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calling it is there anyone who else has a has a continuance request

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here i have casey bechtel with their hand raised i've allowed him to speak at this time

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all right could you state your name please and spell for the courts and honor

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hello my name is casey bechtel first name c-a-s-e-y last name b-e-c-h-t-e-l right do you

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swear or affirm to tell the truth the whole truth nothing but the truth yes i do what case do you

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want to talk about well i was called on to comment on 2809-13 master street i jumped on right when

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you continued it and you asked if anybody wanted to make a comment and i would like to make a

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comment on that um i just want to say i live on that block and i i don't think it would be very

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good for the neighborhood for that to be approved considering the lack of a police presence in

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