civus
Hearing video

ZBA Hearing - December 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20208h 28m

and any representative of the council person's office will also be given an opportunity to

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testify it isn't simply a hear and hold it is a hear and resume right you understand councilman

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that so it's not what we typically did prior to covid right we're actually going to hold it

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until there is a an rco meeting and get any feedback from that that that whatever comes

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out of that meeting then the board will make its decision okay there will be another hearing

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um and assuming assuming council is there for the protestants um there'll be a fresh presentation

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by the i i it was a very brief presentation i've i sat sat here through it um there'll be a a brief

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presentation by the applicant refreshing the board about their presentation today

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and also being able to answer questions from counsel at that hearing correct at the beginning

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that's correct before the protestants get yes okay yes i appreciate that and could you correct

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the record that i agreed to that or my office agreed uh so noted okay because i i did not agree

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to it i wanted a flat out continuance okay and could you think that could could you be a little

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generous with the time we really have to i don't think i don't think you need to ask us that

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question we're way out there tanya will uh do you have a date or you want to get with them to get

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back to you tanya because i i don't see this happening before the end of june january i will

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provide a date um if this is complete or when it's complete i will have a date okay and i just

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want to clarify for the councilman's benefit we did provide written notice to all of the required

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addresses multiple times and received no comments from the community so we mailed letters notifying

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them of this plan um on at least two occasions and no one responded or reached out so above and

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beyond the rco staff um none of the neighbors responded either i could i know and we we in my

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office, myself, my staff, Alice particularly, we deal with counsel all the time, including

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your office. We've had no contact except CCs, carbon, you know, being copied on emails. And

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nine times out of nine, usually, we get contacted by the attorney. What's going on here? We'd like

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to get this set up. This is an extraordinary hardship case on behalf of the RCO, above and

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beyond COVID. And while counsel's speaking, I would like counsel to recognize and correct the

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record that where she stated earlier in the hearing that this hearing was agreed to by

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hearing and hold was agreed to by councilman's office. That is not the case. I believe what I

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stated was I responded to Ms. Tenari's question of whether an RCO meeting was held and that I

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reiterated the conversation at the beginning of the meeting that we agreed that we would hold the

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hearing today with a follow-up date at a set date. I think Ms. Sunkett was projecting in January

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to reconvene and complete the hearing. Ms. Bismarck, I listened to you intently. You said

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the councilman's office agreed with you to hold the hearing and hold today to have the hearing

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and hold today that is what i'm objecting to that that's a misstatement and

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That is what I'm objecting to. That's a misstatement. And I want the record corrected because I and my office did not agree to the hearing and hold today.

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I may have misheard, but I believe Ms. Udovich said okay when that was projected.

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I think what happened, Councilman, I think it's a question of semantics. We typically would do hearing holds, as I said a few minutes ago.

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but that that's that process has changed so i think it was just a kind of a misinterpretation

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of what we're actually providing you with is we're going to resume this hearing on a specific date

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at which time you know we'll get any feedback from you your office sabatina's office and the rco

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okay as long as it's clear that i did not agree to the hearing and and uh uh that's a real stretch

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And also, I would just ask the board, when something is a serious use change, like going from a certain number of twin single homes to a mid-rise multifamily apartment building, that hearing and hold is really not appropriate.

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You've got to have all the parties in the room.

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It's just too serious a variance.

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to uh to deal with that it was just a parking issue a dimensional issue a height issue

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of that kind uh you know i can understand that particularly in the times we're in but this is

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one where everybody should be in the room and uh to the extent we're virtually in the room and um

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that's what we're doing okay well thank you i uh uh look forward to it and um if if um

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tanya's on the line you know sometime in february would probably be the quickest we can make this

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all happen so um it shouldn't be a problem with your schedule but uh the further back you can

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push it the better um yes chair we do have february 3rd at 2 p.m as the new date okay thank you so

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okay um planning commission do we need your input right now or not um all right mr sherman david

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City Planning Commission. I think we prefer if it's okay with you to wait until we hear from

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some other witnesses. That's why I asked. Okay, thank you.

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Chair, did you want to hear the others that had their hand up or prefer to wait? We have Sabatina.

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he's muted i guess you can see that i'm sorry but something's going wrong at february is that

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february 2nd or 3rd oh let me look again i think you said two o'clock on the third i think you said

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yes the third year at 2 p.m thank you all right uh mr sabatina please identify yourself with

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record spell your name for the stenographer and i'll swear you in and hopefully you have uh you

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can concur with the councilman's office the councilman if not give us something new and

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different thank you chairman uh senator john sabatina jr s-a-b-a-t-i-n-a i'm the state senator

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for uh this district uh comprised of 2100 benson street and i've heard numerous senator before you

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ago, I apologize. I thought it was your dad. That's why I said, Mr.

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Senator, do you swear and affirm to tell the whole truth and nothing but the truth?

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I do.

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Please proceed.

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Thank you, Chairman. I just want to reiterate what the councilman had already stated. I've

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received new, my district office is about two blocks away, two or three blocks away from this

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property. And I've had numerous people from Hofnagel and Benson Street voicing their concerns

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about the proposed building. I do want to also reiterate the hardship that Ron Hurst Civic

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Association is going through, not only dealing with COVID, but the loss of their president.

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And, you know, it's been difficult to restructure the RCO during COVID and just given his absence.

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I echo the sentiments to the councilman.

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It's zoned RS3, which is residential houses, which is, you know, congruent with the nature of the block itself.

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There's no hardship presented by council, and, you know, I intend a fully animated audience in February regarding the opposition to this project.

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the opposition to this project thank you thank you uh anyone else uh we're going to continue

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Thank you.

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Thank you.

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this case so i don't even know if we need any more testimony but somebody here we do have

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sabatina on the line as well which i believe is i'm ready to speak senior

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hello hey jocelyn go ahead john yeah this is john sabatina senior s-a-v-a-t-i-n-a

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uh i do swear to firm to tell the truth the whole truth nothing but the truth

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i do please proceed uh i normally represent the lawnhurst civic association however uh i have

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I've just recently gotten out of the hospital with COVID-19, which has obviously set me

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back.

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And I still have not been released to practice or go into the office.

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I'm at home.

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I'm speaking to you from my house.

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So I respectfully request a continuance based on my sickness, which prevents me from getting

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involved with this case and in presenting a opposition.

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Thank you. And as you said, you've probably heard this case is going to be continued to

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February the 3rd. But I would like to request that it's more of a bifurcation rather than just a

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here and hold

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where we really don't get a chance to

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present? No, it's not a here and hold.

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You're going to have a full meeting

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with your RCO and the applicant

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and the board will

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consider any testimony coming out of

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that meeting

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or meetings.

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Will we be able to

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testify in front of the board as well?

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Yeah, we're going to resume the hearing on

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February 3rd at 2 p.m.

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All right then.

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All right, John?

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all right thank you all right you get better stay well talk to you anyone else i think uh

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i'm going to move on we really don't need any other comments at this time so yes

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mi 2020-000735 2100 benson street this hearing will be resumed on february the 3rd at 2 p.m

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at which time we will consider any feedback related to the RCO and the council person and senator's office at that time.

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Thank you.

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2020-001538, 7800 Busselton Avenue.

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I believe we had a similar agreement on this earlier to have a resumed hearing if I'm not

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mistaken.

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That's correct.

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Is there anyone here?

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Chair, we have Justin Kirk.

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Thank you, Mr. Kirk.

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Please identify yourself with the record.

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I think I swore you in earlier today.

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You're still under oath.

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Thank you. Thank you. So members of the board, Justin Crick, K-R-I-K, last name. I'd like to proceed. I just want to clarify any concerns that there may have been with the Ronhurst Civic, because I believe that this application is substantially different and substantially more de minimis than the prior one.

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um so so i don't know if you the board wants to address whether this would be the type of

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here and hold um but i do i do have some concern about the hold if the rco is looking to wait until

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february uh again this and i'll i'll wait for the the formalities to start about the refusal and

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stipulating to its accuracy etc but the the nature of this is for a um a group practitioner

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or dialysis center to be just put on the first floor of a building that already has senior care

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rehabilitation long-term care facility on it it is not for anything more substantial than that so

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to wait till february for a hold might be a little difficult we don't believe that there's really any

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impact this would have on the neighborhood considering the existing uses authorized at

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this property and i'd be happy to present on that but i just wanted to address considering

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the council person and the Sabatina gentleman's input. I want to make sure that

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I understand the path moving forward on this application, if that's okay.

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I understand the path moving forward on this application, if that's okay.

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Fine. So let Carol, you begin, and then we'll get into the issue of the hold.

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Okay. Do you agree to wave and stip?

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Yes, I do.

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Okay. And I'm assuming, I think this is what I should be saying, that you have met with the RCO,

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and you have an exhibit packet presented to this board with proof of ownership, tax compliance,

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refusal, referral, photos, and plans five days prior to this hearing. Is that correct?

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The submission of documents is correct. Unfortunately, again, for the reasons set

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forth before, we did not meet with the RCO at this time.

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Okay. Thank you. You may proceed.

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thank you um and i'll share my screen just to express and go through it as though we're

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proceeding and then um i will gladly you know allow others to weigh in on that uh members of

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the board what we're dealing with here is the property at 7800 bustleton avenue and an application

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for a group practitioner in an existing structure with other previously approved uses what we

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received is the refusal because that this is an RSA 3 residential zoning district. A group

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practitioner facility is not permitted. To give everyone a little bit of bearing, we are located

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at on Busselton Avenue between Borbeck and Hartel. This is a better aerial view of the property. It

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used to be a nursing home, etc. that many people may recall. It's been that way for decades.

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Even though this parcel is RSA-3, it clearly has not been used entirely in that way, although, again, there is a long-term care facility present in the majority of the upper floors of the building.

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This is a photograph of the Busselton Avenue side of the building.

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And this is also another photograph of the Busselton Avenue portion.

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And then this is, I believe, the, give me one moment.

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This is the Hartel side of it.

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I think it's Glendale on the other side, but yeah, on Glendale Avenue.

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So the photograph, the side photograph is from Glendale Avenue.

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What we're seeking to do here is repurpose a portion of the first floor space.

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to accommodate a dialysis center that will service primarily the current long-term care

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elderly patients, but it would be a separate business operating within that area. There are

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definitely similar services already provided through the Roosevelt Rehabilitation and Healthcare

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Center that's already at the property, but this is a more thorough dialysis center,

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and a little bit more of a close-up of the approximately repurposing of 5,300 square feet

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of the first floor of the building as shown here with several dialysis stations available to the

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public. I'm sorry, to the residents, but also some members of the public. It's inpatient and

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outpatient treatment available. This is being brought by the Mayfair Property LLC, owner of the

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intended owner of the property and seeking the intended use. We do have a tax clearance

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certificate that was obtained, and we are basically just seeking to have this approved

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to allow that process to start so that the facility can start to provide this dialysis

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to the neighborhood. We don't believe that there is any harm to the neighbors out of this,

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considering its existing and consistent use in this fashion. We believe that there would be a

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hardship to refuse the ability to use the property for what it's been approved for in the

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past, especially where the use is so congruent with the existing services being provided in the

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property. Again, it's a very straightforward use variance. And aside from the RCO conversation,

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I would like to have the owner's representative, Dina Napolitano, unmuted in order to adopt testimony if we're moving forward in that way.

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She's been unmuted. She's available to speak.

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Thank you. Dina, can you please state your name and spell your name for the record?

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can you hear me now yes okay it's dina napolitano d-i-n-a last name

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Okay. It's Dina Napolitano, D-I-N-A, last name Napolitano, N-A-P-O-L-I-T-A-N-O.

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And what else did you need?

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And if you could state your address for the record as well.

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The office address is 1608 Route 88, Suite 200, Bricktown, New Jersey, 08724.

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Thank you. And have you heard my testimony to the board this morning?

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Yes, I did.

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And do you adopt the statements and the facts

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that I've said as true as if it was your own testimony?

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Yes, I do.

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Thank you.

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No further questions for Ms. Napolitano.

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Chair, we have Senator John Sabatina.

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can anyone hear me now yes yes sorry i had to leave and come back my uh computer malfunction

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uh mr ms uh napolitano do you swear in a friend to tell the truth the whole truth nothing but the

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truth i i i believe she had already uh testified to that but okay i didn't i didn't hear uh because

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I had to leave. Chair, I do. Thank you. Okay. Thank you. Thank you. You're welcome.

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Questions from the board? No.

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Excuse me, Chair. We have two hands raised. One is Senator John Sabatina. Yeah, I'm going to get

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there next. Anyone else would like to testify in this case, please raise your hand. And I thought

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we had an agreement earlier, but I'm not sure if that's still the way we're going to go about

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resuming this hearing at a later date. So is it the senator or the or senior?

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