civus
Hearing video

ZBA Hearing - October 14, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 20205h 0m

Great.

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I also have the architect on the line who drew the plans, Agata Reister.

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Let me ask if the board has any questions that may need, if we need any questions for the architect.

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No.

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No.

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Is there anyone else who would like to testify in this case?

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If so, please raise your hand.

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No hands.

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Thank you.

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Planning Commission.

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Chairman and members of the board, this property is indicated for residential use on the

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comprehensive plan.

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We have no objection to the granting of the plan per the revised plan.

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Ms. Powell, is that one-page revised plan?

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It's two pages.

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Two pages?

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Thank you.

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Okay.

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MI-2020-000080-2315 Catherine Street.

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My vote is yes with the proviso revised plan.

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Two pages approved today.

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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So, good luck.

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Thank you very much.

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MI 2020-001169, 2628 Martha Street.

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We have Matthew Monroe.

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Matthew, you can share your screen and unmute yourself and wait to be sworn in.

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Mr. Monroe, you swear or affirm to tell the truth, the whole truth, for nothing but the truth?

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I do, Mr. Plaza.

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Thank you. You agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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Yes, we did.

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Also, have you met with the RCO and have a letter?

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We met with the RCO. We have an email confirming the results of the vote, which was in support.

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We did not get a letter that we requested it, but we did have an email confirming both.

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Thank you.

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Please identify yourself for the record.

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You may proceed.

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Good afternoon, Chairman DiCicco, members of the board.

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I'm Maddie Monroe with Monroe Law, 2030 Pemberton, Philadelphia, 19146.

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Pleased to be here today with my client, Crystal Lurito.

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This should be a relatively simple application, I believe, to legalize a tattoo shop at an industrial building,

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former industrial building that's now an IRMX building at 2628 Martha Street.

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I've submitted, and what I'm sharing with you is the documents we submitted in support of our application.

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At Exhibit 1 is Ms. Arito's lease.

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At Exhibit 2 is the refusal.

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Exhibit 3 is the application for the appeal.

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Exhibit 4, we have the notices that went out along with the certificate of mailing,

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bulk mailing pursuant to the Planning Commission and ZVA regs.

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We properly posted the notices within 21 days of the hearing.

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And here is the vote in support that was confirmed by the RCO, ECNA.

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19 in favor, three against, and five abstentions. And here we have the zoning context plan.

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So in this case, as I was saying earlier, this is an IRMX zoning district.

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Tattoo shops have been, you know, they have come into, they've come into popularity, but not just popularity into much wider acceptance than they were when the zoning code came into effect and probably should have been changed when the zoning code came into effect.

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when the zoning code came into effect and probably should have been changed when the zoning code was

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updated in 2012 but wasn't. Unfortunately, they're sort of treated as a regulated use

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along with adult-oriented merchandise, you have porn stores, we have drug paraphernalia stores,

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gun shops, detention and correctional facilities, personal credit establishments like payday lenders,

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arcades pool halls etc and then you have tattoo shops for all intents and purposes

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Miss Arito she's been a long time she's been a tattoo artist for over 20 years she has a big

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national following Miss Arito has her clients primarily are women oftentimes she specializes

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in cover-up tattoos, cover-up art. She makes herself vulnerable on the internet. It shares

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a lot of personal experiences, and because of what she's been through in her personal life,

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and you can read about that in some of her press, a lot of her clients come because they've been

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abused by men, sometimes been forced to get their men's names tattooed on their body, or they just

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had a bad prior experience with a tattoo artist who left a bunch of junk on them, didn't take

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care of them, or just made them get got creepy, really, and really uncomfortable. She makes

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them comfortable. She has her a very unique style that people have sought after and has been written

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about in a lot of trade publications. But she's also been published in Philadelphia Magazine and

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the New York Post all over, really. She's very high profile. And this is her first time of

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starting her own business. So she's been working for folks for years. And this is just going to

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be a shop that she's going to have on the third story of 2628 Martha Street. It's going to be

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an interior space. You know, this will have virtually absolutely zero impact. It's going to

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be Miserito, who's an artist herself and her client. So she's not going to, there is an

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existing tattoo shop that's already in the building on the ground floor, but there's dozens and

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dozens of graphic design firms, light industrial offices, some professional offices, a few

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apartments in the building, but really there's going to have no material impact. And the hardship

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here is of course imposed by the code because there's very few viable um by right spaces that

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a tattoo shop can open in um the uh the provisions in the code that prevent uh tattoo shops um from

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opening as of right uh truly is a hardship because it's it's very limited to um you know

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some itunes and other industrial districts that are kind of far flung and away from people and

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And really, they need access to public transportation, to Uber, to parking, and any other access that's there.

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Ms. Arrito lives in the Fishtown area.

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She's been there for a long time.

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She's going to be working in the area.

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She's somebody who is of the neighborhood.

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She has a really large following.

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And when we were at the RCO meeting, one of the members of the board recognized her and he said, oh, I didn't realize we had a famous artist here today and came out in strong support.

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We had no negative comments from the community.

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Everybody was there in favor.

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And I think with that, you know, given that we did have the support vote and given that the ZBA has already had a lengthy warning before getting to its regular calendar, I would just ask that Ms. Arito raise her virtual hand and introduce herself to be sworn in, because I'll have a few questions for her, and then, of course, we'll open ourselves to questions by the board.

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Miserito, can you raise your versatile hand?

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She's ready to be sworn in.

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If Chairman DiCicco is saying something, I can't hear anything.

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Professor?

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

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Yes, you swear to affirm to tell the truth, the whole truth, for nothing but the truth?

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Tanya, can you hear me?

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Yes, I can. I don't know if she's available or...

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Did you raise her hand?

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Actually, she's not speaking. She's unmuted, and she's been...

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Available. I don't know what's the problem.

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Well, I guess while Ms. Arito is, I guess, trying to

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get on or the

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technical issues are worked out.

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Does anybody

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hear that?

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Can anyone hear me now?

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Yes.

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Okay, I had to leave and come back in.

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I think we're having technical

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problems with your client.

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As an officer of the court, we'll

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stipulate to the accuracy of your

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testimony and that your client

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would adopt it.

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Thank you, Chairman DeChico.

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That was it.

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and uh miserito will confirm that she does adopt the factual statements as

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her testimony uh questions from the board no no

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anyone else anyone like to testify in this case if so please raise your hand

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no hands at this time thank you planning commission

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this is paula bernble burns with the city planning commission

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we have no objection to the granting of the variance thank you mi-2020-001169

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2628 martha street my vote is yes my vote is yes my vote is yes my vote is yes

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thank you uh chairman nichico and hello paula it's good to see you again it's been a while

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i was looking for soda pop

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Next one up is

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MI2020-000320

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2964 North 23rd Street

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What number is that?

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Number 8

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shon war 2964 north 23rd street i believe that's the one you've already heard it was

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yeah continued from an earlier we just decided it okay next one up is mi 2020-000 293 340 south 21st

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Lindsay Glasgow you've been promoted to panelists are you the attorney for this case or applicant

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Lindsay?

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I'm sorry?

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This is Lindsay's husband.

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Lindsay's next to me.

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This is Lindsay's husband, Chuck Peruto.

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I'm the owner of the property and the attorney for it.

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Okay. Confessor, you can go ahead.

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Okay. Do you swear on the firm to tell the truth, the whole truth, for nothing but the truth?

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I do.

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Do you agree to wait the reading of its refusal and stipulate to its accuracy?

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I do.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copied the refusal or referral, photos and plans five days prior to this hearing?

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Yes.

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Also, have you met with the RCO and have a letter?

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Yes.

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Thank you. Please identify yourself for the record. You may proceed.

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Charles Peruto, owner of the property and attorney for the property.

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Please spell your name for the record.

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Please spell your name for the record.

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P-E-R-U-T-O.

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P.E.

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You can go forward.

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You can share your screen as you need to.

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All right.

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I'm here with my wife, who is the project manager, Lindsey Glasgow.

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we're seeking to convert my office building to an apartment building one

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small unit 400 square feet all the way up to two units at a thousand square

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feet or large units it's a large building we have complied we met with

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Senator City Civic Association changed it a few times to their liking and this

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as we proposed.

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Frank, we can't hear you.

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Frank, you're muted.

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Can you hear me now?

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Yes.

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I can't hear you.

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All right.

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Uh, Ms. Peruto, do you have a copy of the, uh, you said you submitted a copy of the letter

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from the RCO?

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Yes.

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Are you able to share that with us?

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You just, that was a bad connection for a second.

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The letter is dated June 24th, 2020.

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This is Sharon Saleta.

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I can confirm that we received a letter of support from the Center City Residents Association.

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I see it now.

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Thank you.

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Okay.

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Questions from the board?

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No.

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No.

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Would anyone like to testify in this matter?

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if so please raise your hand and we'll swear you in i have wade albert wait you can unmute yourself

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and wait to be sworn in good morning uh mr chairman and members of the board can you hear me

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yes please uh you know spell your name identify yourself for the record sure uh my name is wade

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last name is albert a-l-b-e-r-t uh i am counsel for center city residents association the coordinating

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rco in this matter uh with civil law i'm sorry i'm 1845 walnut street yeah okay uh go ahead i'm

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sorry yeah you finish okay yeah 1845 walnut street uh 23rd floor uh philadelphia pa10103

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and you swear and affirm to tell the truth the whole truth nothing but the truth

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i do thank you please proceed thank you so i just wanted to um echo that um ccra met with

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the applicant um uh first on may 26th and then june 23rd um and ultimately they they changed

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their plans uh to our satisfaction and as a result um we issued a letter following the second rco

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