civus
Hearing video

ZBA Hearing - June 15, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 15, 20223h 59m

Ishmael Shaheed, my vote is yes for all five.

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Thank you, Mr. Clinton.

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Thank you, Mr. Chair and members of the board. Have a great day.

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You too.

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Number eight, MI 2022-000638443 Martin Street.

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Walter Hodge, owner pro se, for use as two dwelling units in an existing structure.

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The proposed use two dwelling units is expressly prohibited in RSA3 residential district.

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Letter of support from Central Roxborough Civic Association.

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Chair, I see no hands for this case.

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Okay. MI 2022 000 638 443 Martin Street. This case is continued. I marked must be tried.

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number nine mi 2022 000 646 5100 grays avenue no exhibits first listing

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patrick jones is list listed as the applicant

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there are no hands for this case chair

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MI 2022-00646-5100 Grays Avenue. Cases to continued mark must be tried.

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MI 2021-003544-5007 North Fish Street. Natalie Hentz, Pro Se Case. Proposed use as Assembly

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and entertainment the proposed use assembly and entertainment requires a special exception in the

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cmx 2.5 zoning district letter of support from the 42nd ward again there is no hands for this case

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okay so that case needed deeds interior photos and tax clearance

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So MI 2021-003544-5007 North Street, cases continued, must be tried.

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Number 11, MI 2021-003561-908 North 63rd Street.

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Jennifer Basileau is the attorney.

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Letter of support from Neighbors of Overbooked Association.

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Good morning.

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Good morning.

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

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Sure.

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Jennifer Bizziglo.

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B is in boy.

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A is in apple.

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Z is in zebra.

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Y.

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D is in David.

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L is in Larry.

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O is in Oscar.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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And I was wondering.

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We'd like to try case 12 with this. Is that okay?

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The second case is MI 2021-003-557-906 North 63rd Street.

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Could you identify your client, please, and the relationship to the property?

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Sure. George Rosinski should be on, and he is the owner of the property and also the property manager.

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and then I believe Bill Holtz, sorry, I'm pronouncing his last name wrong, who's the

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project manager, is also probably on the call as well. Thank you. Our vice chair has a few questions.

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Sure. Good morning, Jennifer. Do you agree to waive the reading of the refusal and stipulate

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to its accuracy? I do. Have you emailed the exhibit packet with proof of ownership tax

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compliance, a copy of the refusal or referral, photos under plans of the property five days in

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advance of this hearing and do you have a letter having met with the RCO yes the exhibits the

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primary exhibits were emailed five days before I did send some supplemental information this morning

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but all the required documents were in five days I was just retained on Friday so I spoke to Hillary

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about this we're all in agreement we're good and we didn't even you may you may proceed and sure

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we do have a letter from the RCO so I'm going to share my screen if that's okay thank you

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so i'm going to share my screen if that's okay thank you all right um let's get the right pack it up

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All right.

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okay so i move um i like i said i'm jennifer baziglo i'm here representing um george osinski

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who is the owner of both 906 and 908 north 63rd street um i've submitted a package i'm just going

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to go through a little bit of it here with the refusals. The only refusal is for multifamily

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housing in RSA 3. We have the deeds that show the ownership of both properties. Scroll through

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that. Um, we have that, uh, actually there is a credit on their tax balance, property tax balance

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for the one property. So there's, this is a negative 2000. Uh, so the property taxes have

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all been paid. Um, we also have a two letters of unanimous support from the, uh, neighbors of

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Overbrook Association or yeah, Neighbors of Overbrook Association. And we just also have

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some photographs, which I'm going to get into now. So 906 and 908 North 63rd Street, they're both

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large RSA3 lots located on 63rd Street in Overbrook. 906 is a 5,280 square foot lot

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and 908, which is this one here, is a 4,520 square foot lot. There are existing three-story structures

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on each of the parcels, let's just get to the photographs here, that also are over 3,000 square

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feet a piece, so they're very large buildings. I'm going to get back to the interior photos,

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but I just wanted to show you the exterior. And so the application is to use each of these

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buildings as three units. There's three floors, three units. I'm seeing on the plans. 906 is in

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a little bit better shape. If we go and see the interior here, you know, that's in fairly decent

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shape right now 908 is in need of significant repair um beautiful buildings but um definitely

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had been neglected for quite a while and are going to need extensive renovations for to make

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them habitable again um let me go back up to the zoning map hold on one second

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So as you can see, this is 906 highlighted here

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and 908 is directly next to it.

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These properties are zoned RSA3,

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but directly across the street are RM1 zoning

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and RM2 zonings.

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If these lots had an RM1 zoning,

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they would be allowed 12 and 10 units by right.

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So you're seeing a much smaller density

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than would be allowed by right just across the street.

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And in fact, across the street is a 29-unit building and an eight-unit building and another large apartment building in the RM2 that I couldn't actually find a unit count on, but it is a fairly significant mid-rise apartment building, which we can see if we look on the street view.

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So, one second, we can see the large apartment buildings that surround this property.

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That's the large apartment building right here.

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That's the 29 unit building.

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They're right across the street.

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But even when we look on the side of the street that these properties are on, on the even side,

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there are 20 total properties on this side of the block.

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Of those only five are currently used or at least registered as single family. I suspect some of them are being used for something else. But I have to go by what the permits are. And those dwellings, those buildings, the 15 that are not single family,

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are directly adjacent is a 69 unit apartment building that is being rehabbed right now. This

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is the 69 unit apartment building that's right next to 906. And then there are, and then the

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rest of the properties range from two to six units. Some of them also have mixed use businesses

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Some of them also have mixed-use businesses in it, nail salons, dental offices, that sort of thing.

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in it, nail salons, dental offices, that sort of thing.

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So having three units in a three-story building on a block that is basically all multifamily in some large apartment buildings is something that makes sense, which is, I think, why we got the unanimous support from the Neighborhood Association.

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I just want to also add that these are very large single-family homes.

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If you use a single family home, they are seven to eight bedrooms apiece, which it doesn't make a lot of financial sense to renovate into these large homes that can't really be sold at a profit or rented in any sort of commercially viable way.

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So there is sort of an economic issue besides it making sense in terms of the context of the neighborhood.

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So basically, in summary, we're asking to use these properties as three unit buildings apiece, the unanimous support from the community.

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And it makes sense because it's surrounded by large apartment buildings and other multifamily housing.

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So a large single family home just doesn't work there.

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I also just wanted to note that there is parking available in the rear of these properties.

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Let's go back here.

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sorry, one second. So there is parking available. You can see it through here. Maybe that I'm trying to find a good spot of it, but there's a parking area. Let's go to the aerial view. Sorry.

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um but you can see here that there is a shared driveway between the two and there is a garage

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and parking behind for at least some of the residents so um you know parking's not really

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an issue with these additional units uh plus there's great public transportation in this area

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a lot of the tenants of these buildings don't have um cars uh so yeah unanimous support of the

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community appropriate because of the surrounding context makes financial sense. I'm happy to answer

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any questions that the board might have. I would also like George to just get on briefly and adopt

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my testimony. George, can you raise your hand? Yes. Could you state your name and spell for the

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court reporter, please. George Ryzynski, R-Y-Z-I-N-S-K-Y. Do you swear or affirm to tell the

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truth, the whole truth, and nothing but the truth? I do. Proceed, counsel. I just want to ask you one

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question. You own a property management company, Dan Housing, correct? Yes, I do. And you manage a

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lot of, professionally manage a good number of properties around the city, correct? Correct.

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So you're sure that you can manage these buildings and keep it in a fashion that the neighborhood would find amenable, correct?

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Absolutely.

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Great. And you heard my testimony here today, and do you believe it to be truthful and accurate?

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Correct. As a matter of fact, the building next door to us is, I think, a 30-units apartment building.

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It's burned out five years ago, and it's being restored right now.

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So we're literally next to a large apartment building.

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Yes. You can see it from the backyard of these properties.

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So, and would you adopt my testimony as your own?

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Yes, absolutely.

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All right.

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Thank you. Questions from the board?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have William Close.

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Okay.

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Hi, could you state your name and spell for the court reporter, please?

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Yes.

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sir please unmute yourself

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william klotz w-i-l-l-a-m-k-l-o-t-z i just um wait a minute wait one minute do you swear

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to tell the truth the whole truth and nothing but the truth absolutely your honor proceed okay um

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i i'm the um the design professional and project management on the project

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um i actually raised my hand because i thought i had to but um since i'm here

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uh the layout plans did uh preliminary layouts did we're working with right now show four bedrooms

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four bedrooms and three bedrooms respectively and you got um if i go my zoning uh real quick

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um uh two seconds please um

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One, two seconds, please.

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Okay, you have in the rear of those properties for parking, to give you some indication,

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58 foot, nine and a half inches from the back of the building to the property line.

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the garage itself is 21 feet of that 58 feet and you got a 29 foot eight and a half eight inch

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eight and a half inches in width on each property line with a 17

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uh foot driveway between the two buildings well and you have a front setback of 48 inch 48 feet

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one inches okay so so thank thank you for your information i think the boards the board uh has

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no further questions, and I'm going to go back to the virtual audience to see if there's anyone

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else that has a question. Is there any other questions or comments in the virtual audience?

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I see no handshare. Planning Commission. Thank you, Chair Bergman. Ian Hegarty for the Philadelphia

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City Planning Commission. The comprehensive plan recommends no change to the existing

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residential single-family zoning on this block. However, the size of the structures and the

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lots and their location on a wide street with access to public transit present unique physical

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conditions that make single-family use infeasible. City Planning Commission recommends that the

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Board grant the variance. Thank you. MI 2021-003-561-908-North 63rd and MI 2021-003-557-906-North

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63rd street i vote yes to both properties carl tenere my vote is yes to both properties

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thomas halliman my vote is yes to both properties

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thank you council thank you thank you is there anyone in the audience whose case has not been

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heard yet this morning.

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Chair, we have

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Fran McCoplin.

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Okay.

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All right. Could you state your name

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and spell it for the court reporter, please?

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Yes, it's Francis with an I.

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McCoplin, M-C, capital C-O-L,

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P-S-M-P-O-L, I-N.

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Wait a minute.

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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.

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What case are you here to talk about?

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The case at 443 Martin Street with Walter Hodge.

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Right.

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I have a number.

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I had that case.

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That case has been continued, and Mark must be tried.

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Well, we've been trying to get on, walked out for some reason.

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So he's on the telephone line trying to help you guys.

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Sure, sure. Let's get him on.

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I'm texting him to know that they're waiting.

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I'm sorry about the confusion. This is all new.

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Perfect. Fine. Let's just get Walter Hodge on the line.

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He needs access.

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He says he texted me and says he needs access from you guys.

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he can't raise his hand

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okay

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excuse me Mr. Chair

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is he the phone number

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the 267

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271-3552

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is that the applicant

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yes

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yes

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I'll allow him to speak

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chair if that's okay

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thank you

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Mr. Hodge

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yes

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Mr. Hodge?

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Chair, I believe you'll have to press star six to unmute, star six on his phone.

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