civus
Hearing video

ZBA Hearing - December 1, 2020

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

We have the senators, sir.

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Good morning again, Senator and Sabatina senior, both on their oath. Just identify

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yourself for the record before you testify.

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Thank you, Chairman. It's a state senator, John Sabatina, Jr., S-A-B-A-T-I-N-A. I'm the

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I've spoken to Councilman O'Neill, and he and I agree that we both have not heard any opposition for this property.

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We were initially concerned just because of the lack of information that we had,

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but hearing the presentation, I don't believe that opposition will present itself,

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And I am not, I don't know that a further hearing will be necessary.

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I appreciate that.

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I kind of thought the same thing, but thank you.

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Thank you for your testimony again.

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Sure.

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Anyone else?

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Anything new and different?

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Chair, we have John Sabatina Sr.

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Again, John, you're still under oath.

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Just identify yourself with a record.

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John Sabatina senior can you hear me yes yes yeah again my my same problem is the fact that I've

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you know just recently gotten out of the hospital obviously as someone who represents the civic

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association on various occasions I would just like to have them the opportunity to find out

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what's going on. The presentation that I've witnessed myself seemed straightforward, but I

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still would like to allow the Civic Association to know what's going on.

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The only problem, not problem, the issue with that is we were not going to be able to bring

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the, have another hearing on this until sometime in February. So, I mean, we can close the record

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And I'm trying to think of the best way to do this.

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If we close the record, we won't be able to get any written testimony, correct, Sharon?

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That's correct.

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Chair, if I could interject a thought.

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Based on the fact that this is not a presentation that would be a little lengthy, I can squeeze this in at a close date.

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and we can have a resumption hearing

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to allow testimony from the community as you wish.

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Good idea.

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John, does that work?

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Yeah.

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Again, according to the senator and the councilman's office,

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no one seems to think there's going to be any objection.

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I understand you don't want to just bypass the RCO.

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I understand you don't want to just bypass the RCO, but on the other hand, we don't want to wait until February to have to vote this case.

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Sounds reasonable. I'm not looking to just put a cog in the wheel to let the Civic Association know what's going on.

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All right. So, Chair, based on what I could squeeze in, if it works for Justin,

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I could do December the 15th at 930. I will make that work, and I will gladly work closely with

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both Senator Sabatina and Senior, as well as Mr. O'Neill, to see if we can get any information

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from the neighborhood as quickly as possible, and I'm happy to, you know, directly speak with them

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to give them any additional information they need here uh planning commission

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good morning david vecto city planning commission mr chairman and members of the board this property

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is indicated for single family residential use on the city's comprehensive plan since this is there

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is already existing medical office space in the property and since this will provide medical care

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to senior citizens. We have no objection to granting this variance. Thank you. MI 2020-001538

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7800 Busselton Avenue. This hearing will be resumed on December the 15th at 9 38 m at which

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time the board will consider any feedback related to the RCO and the council councilman O'Neill and

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senator sabatina's uh office uh okay thank you very much and uh thank you thank you thank you

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uh before we get into the packer avenue issue which is probably going to be a little bit lengthy

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uh i think we might want to take a 10 minute break for the stenographer yes please okay uh it is so

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we'll see everybody back here at 1150. 1150. Okay. Thank you.

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i'm here okay so let's go with um thank you mi2020-001532

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1526 Packard Avenue. Packard Avenue.

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Mr. Mattione, we're going to begin with Mr. Mattione, if I'm not mistaken.

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That's right. Mr. Mattione represents the applicant.

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I am back, I believe.

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Good afternoon. Still morning. Good morning, Mr. Mattione. Please identify yourself for

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the record. And I'll remind you, you're still under oath from earlier this morning.

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Michael Mattione, Federal Reserve Bank. It's M-A-T-T-I-O-N-I. Federal Reserve Bank

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building 100 north independence mall suite 5a northwest philadelphia 19106 thank you and i

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carol i don't know if you went through your list earlier so why don't we go over that again

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yeah okay okay have you uh do you agree to wave in step yes have you mailed an exhibit packet

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with the required documents proof of ownership tax compliance a copy of the refusal or referral

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photos and or plans of the property five days in advance of this hearing and also have you

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met with the rco and do you have a letter we have done everything except me with the rco

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okay you may proceed thank you mr chairman i have an objection to uh to make before we proceed

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please identify yourself my name is paul bonnie b-o-n-i and my office i'm an attorney my office

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address is 325 chestnut street suite 1109 philadelphia 19106 and i represent the packer

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park civic association drco uh in this matter well under oath from earlier this morning so

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please state your objection. Thank you. Well, as you know, we object to this hearing

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proceeding today because of the fact that we canceled the

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uh proceeding today because of the um fact that we canceled the rco meeting at the applicant's

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request um uh a couple of weeks ago and also i and but i understand that the chair seems to be

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inclined to allow the applicant to present its evidence you know i would sort of um second and

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reiterate everything that councilman o'neill said for the other case which i think you know is valid

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here. But I want to make an objection based on lack of posting or insufficient posting. I have

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photographs of this property showing insufficient posting. I can scroll through them very quickly.

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I see the photographs in the applicant's exhibit package, and I don't think those exhibits show

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adequate posting. And so I think on that basis alone, it would be improper to hold this hearing.

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And if with your permission, I'd like to scroll through the photographs and show you that the critical posting that was that was not done.

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But you would agree that RCO knows everything about this. I mean, they're aware of it, correct?

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I mean, is there anyone? We are aware of this, Mr.

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I mean, Paul, I live two and a half miles, three miles away. And I know about this application, not because I'm a member of the zoning board, but because people talk down here.

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So let's show us your photographs.

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Thank you.

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Thank you.

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It's not about us knowing.

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It's about our members knowing.

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I understand.

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I'm saying I can't imagine people in Packer Park not being aware of this.

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I just find that hard to believe.

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But maybe you can prove otherwise.

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Can we hold one second, Chair?

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Yep.

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DPZ Zoom, can you make me a co-host, please?

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I think it says I can't share if Mr. Mattione is sharing also, so maybe I have to be given

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access.

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DPZZoom, are you there?

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Yes, I'm there, I made you a co-host, can you hear me?

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very well thank you very much okay mr chairman may i add one one uh item if i may real real

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quickly i join with paul's objection i i do want to mention that my members were under the impression

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that and i forgive me if i've i gave them that uh that assumption but i i did not think the

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hearing would go on today because of the cancellation of the rco meeting so i i did not

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tell my board members who are very upset about the proposal to attend today. I just want to let you

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know. Thank you. Mr. Chairman, I do want to note that Mr. DeMarco's RCO is not listed as an RCO

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covering 1526 Packer Avenue as set forth in the city's website. I can respond to that,

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Mr. Chairman. We are without a doubt with legal standing. I really object to that statement by

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Mr. Mattione, we are literally less than 50 yards from the application. Our members walk to

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this Chickie and Pete's. We are less than a two-minute walk.

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Sorry, Chair, you can continue. I had asked if we could hold, but everybody's going for it.

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You can continue, Chair.

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I'll agree. I'll agree that you guys might be in, but I would not agree that you're 50 yards away.

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You're much further than 50 yards away.

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Mr. Chairman, on that photo, you're within 250 feet or so.

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Yeah, that's exactly right.

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We're that close.

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We are that close.

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As a matter of fact, you can make an argument that my members are actually closer than,

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with the exception of the people that are abutting the property, my members are as close.

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Thank you.

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But you're still not listed as an RCO on the city's website covering this area.

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And there is absolutely nothing in the zoning code that prevents someone who has legal standing from participating in a case because they're not listed as an RCL.

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Understood. You guys are representing veterans, and you're permitted to be in.

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Thank you.

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mr chairman i'm sharing my screen showing an aerial photograph of the subject property which

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is this large square in the sort of bottom right hand corner of the photograph and i've put two

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red two dark red lines on the area where there's no posting whatsoever the bottom the the one in

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the rear is clearly a street frontage,

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because you can see the street right next to it.

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street right next to it. And of course, at the bottom of the photograph are a number of row

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And of course, at the bottom of the photo,

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homes on Curtin Street. And, you know, let's take a look. Excuse the interruption, but I don't know

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how you're showing us these red lines, but we're to assume there's no posting on those? No.

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You have any photograph? That's what I'm looking for. Here is the front of the property and you

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could see just on the right hand side the orange photo on the front we're not right we're not

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claiming there's no posting on the front okay and here in fact is the posting on the front

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and now here's the side now i don't have the full side but again we're not claiming that this side

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is deficient um here though is the rear of the property and there's the current street homes

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and the street is on the left there's no posting at all on this side of the property

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no posting at all now we're coming around to the to the other side of the rear which

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directly faces the curtain street property and we're going to walk you down this entire wall

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there's no posting at all no posting at all walking you all straight down that big wall

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there's some no parking signs all the way to the end

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then now you've got all the way to the end that's the front of the property on the left hand side

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And now I'm even giving you a perspective shot about all these homes that don't have a poster about a sports betting partner going to be in their midst.

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And now I'm actually at the corner of the side of the building right there.

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Now we're going to come around to the front again.

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And now we're back at the front.

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You see the sign at the Play 2, which is a portion of the Chicky and Pete's.

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and that's all we have. Now I'm also going to show the applicant's exhibit package. Here's

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their applicant's exhibit package where they try and show the posting and let's see what they show.

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They show in the front. This is the bank building. This is Packer Avenue is behind you because that's

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where the bank building is. So we know that's Packer Avenue. Of course you can see the nice

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wood trim on the front and this is all the front. This is all the front that they're showing.

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um this is the this is all the front and that's all they have so so i think that we've proven

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beyond a shadow of a doubt that all the street frontages were not posted there's even a provision

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in the zoning code that says when you're in a building in a larger property um you know sort

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of like in a in a mall like this like this is that additional posting might be necessary so i i can't

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see how the closest houses, the closest houses to this proposed sports betting parlor, whoops.

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You know, I can't see how it's not unintentional to leave these people without a poster

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facing their houses. I don't think there's anything nefarious going on here. That's just

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my opinion i'm not i mean all the activity that goes on at chickie and pete's uh from what my

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experience is where the posting is uh that's the parking lot for patrons to all of the retail

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establishments there along the side where the tent is currently because of no end or dining

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the back part you show that bread brick wall that faces the rear of the party at the homes

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i don't know if that's that curtain street or whatever uh who has access to the back of that

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building employees everybody who looks out their back window in all these 1500 block of curtain

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street and of course they're parking i don't know if you can from their back window i don't

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to be able to read that posting i don't know mr chairman i'm not being sarcastic i just don't

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understand who else would be back there the law employees the law is the law and at some point

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this case. I get it. So let me ask you a question. I guess the question is for you, Mr. Bonnie and

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Mr. DeMarco. Are you guys asking us to not go forward with this hearing and have a reposting

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done? Where does that get us is what I'm wondering. May I respond? I think the objection

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is more about, by the way, those red areas are the path that we take. We go through that rear

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driveway we cross broad and walk through that driveway at the bottom there and walk through

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the shortcut to Packer so we do take that route but to answer your question directly Mr. Chairman

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we're upset more by the fact that the applicant has not met with the RCO we feel unprepared for

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the hearing we are at a little bit of a disadvantage in that the applicant will move

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forward with technical testimony without us being prepared with our own cross-examination I mean

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without us being prepared with our own cross-examination.

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I mean, granted, we ran the risk that the hearing could go on today,

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And granted,

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I did.

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but I really did feel honestly, and forgive me for assuming that this would be continued.

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So, I mean, I don't want to speak for Paul,

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but we would really want to have the opportunity to have effective cross-examination of each witness.

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If that means that you kick our cross to the next hearing, that's fine.

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but i would say that you know i do object to that as well because um i really did believe that

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without the rco meeting the hearing would not go on today thank you

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uh well i don't know sharon i need a technical answer from you uh we're not supposed to go

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forward with hearings unless they were was it there were meetings with the rco we had a similar

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case earlier in Councilman O'Neill's district. We understand this is going to be a long drawn

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out fight. It sounds to me. It's going to be a lot of testimony all the way around.

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I have six witnesses. First of all, second of all, these are not street frontages that

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we're talking about with the poster. It's an on-ramp to the Schuylkill Expressway in

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a rear drive. I asked that. That's why I asked. Mr. DeMarco.

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I wanted to make that clear. They're not street frontages. They're an on-ramp to the Schuylkill Expressway, which has pedestrian access prohibited. You'd never see it. It's an elevated ramp. You'd never see a zoning notice if you're driving your car on that ramp.

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