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Hearing video

ZBA Hearing - April 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 17, 20245h 58m

No, Mr. Chairman.

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Okay. Questions or comments from Mr. McSherry?

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No, Mr. Chair.

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Questions or comments from the virtual audience, and the questions should be only about Mr. Belfort's testimony and new information from Mr. Belfort.

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Okay. There's a hand up from Peter McDermott, and he will be allowed to speak.

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mr mcdermott how are you good evening good evening could you please state your name and

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spell for the court stenographer my name is peter mcdermott m-c-d-e-r-m-o-t-t right do you swear

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or affirm to tell the truth the whole truth and nothing but the truth i do now mr mcdermott you

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testified the last time so your testimony this time should be relative to the testimony mr

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belfort the information he just put that's what we would take one from you okay james street

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is a legally open street even on city plans it shows james street going through

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to linden okay that's not the case but legally it is mapped out to go through to linden that street

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has cars overpopulated that have license plates on them that say direct auto sales up and down

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the street now you've heard testimony contrary to that but this is factual this is factual that

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whole entire street from arendale down to where the buildings start on the eastbound side towards

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the river is overpopulated it's a dunkin donuts fronting on state state road and it's on the

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corner property there of Arendelle, the entire lawn is overpopulated with cars that say direct

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auto sales. That is not a lot. If he has a lot that fits 200 cars, well, he should remap it out

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to fit 300 cars because there's probably close to 70 or 80 cars along James Street.

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Because there's probably close to 70 or 80 cars on Long James Street occupying that area.

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Furthermore, in this exhibit package, I see where they're talking about, did you take these photos?

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And there's photos of orange signs now hung up on the building.

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I was just there on April 10th.

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There was no signs.

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I can share the photograph with you right now.

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so i don't i don't know what reality uh that the two people that spoke today

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are living in but the reality is for uh precision precision mechanical uh one of the protesters

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sean mcdermott is none of this is true they're there every day none of the none of what said

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is true okay looking at their position all right well keep your voice i want to make one more

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statement looking at their petition that they keep referencing 9207 james street that is not

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the owner who signed 9205 james i'm going in order one through that is not the owner 9215 james

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street is owned by brian garbelny not francisco rosa okay we have multiple signatures here line

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six and line seven in the hand of another we have line eight signed by someone who does not own the

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property it's owned by brinkman line 12 they don't own the property okay that's brinkman hold on i'm

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not done home furthermore i reached out to line 15 92 24 state road because i know them i served

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on a on an rco board with mike williams so it's mike williams brett williams gladys williams is

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their mother and their grandfather was leo leon williams they did not sign the sheet that is not

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their signature okay and he told me he told me that if he had known this because he knows who i

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am he knows my brother that he would not be in favor of this and then you have line 16 and 17

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are both in the hands of another mr chair all right hold on alan alan no wait a minute wait

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a minute wait a minute i want you to just concentrate on the testimony you heard today

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and let's not get off too far, okay?

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Mr. McDermott?

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Sir, you can unmute yourself now.

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Yes.

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They're stating, is this true, is this correct?

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So I'm talking about stuff that they're stating to be true and correct.

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These are in the hand of another.

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And they're not property owners, furthermore, Mr. Bergman.

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All right, thank you.

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Mr. Nockmson, do you have any questions?

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I'll state this. We never stated that the people who own those properties, the people who sign are the ones who own these properties. They're the tenants within these properties. So if Mr. Belfort's company was such a nuisance, they wouldn't have signed that petition.

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um they mr belford actually does business with many of those tenants that he collaborates with

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many of those tenants and if if you know again if if it helps i i talked to mr belford beforehand

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we can agree to a proviso no cars for sale shall be stored on premises like that proviso is a

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reasonable proviso will prevent mr belford from storing any of these cars for sale because he

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He already has those cars stored on his dealership lot.

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But again, this is a referral, and we believe we met our verdict.

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Thank you.

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Is there anyone else in the virtual audience with comments?

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Yes, Sean McDermott will be allowed to speak.

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Mr. McDermott, state your name, please, for the court stenographer.

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No problem.

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Sean McDermott?

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Spell it, please, for the court stenographer for me.

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Sure.

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S-E-A-N-M-C-D-E-R-M-O-T-T.

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Right.

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

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I do.

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Now, Mr. McDermott, you testified the last time.

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Yes.

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What I need you to do is to concentrate on the testimony you heard today and make comment

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relative to what you heard today, sir.

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Okay.

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Okay.

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Thank you.

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Yep, of course.

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So we're a business owner down there that we use the warehouses for storage.

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Um, having, you know, I'm, I'm strictly sticking with direct auto, um, but having that many

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cars down there for storage impedes us and makes a bottleneck for us to get deliveries

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down there, which impedes our clients.

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Um, our clients are hospitals, pharmaceuticals, and, and government institutions.

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We've had FedEx, UPS, tractor trailers that we cannot get down that street.

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And it's because, like I said, we're going to stick to this, but it's an overload of just vehicles that is stored.

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This area, the street's a mess.

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So there's just trucks and cars parked everywhere.

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If this was a normal street that was lined, this wouldn't happen.

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All these cars would just be towed.

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But having the street set up this way and having our properties deemed for storage helps us create the way our business runs.

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helps us create the way our business runs. If we can't operate this way, we're going to have to

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if not if we can't

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operate

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move. And we've been there for over 10 years. And when we're talking about a good neighbor,

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I have no problem with Mr. Belfour. I didn't know he was buying the property till afterwards. And

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good luck to him. I'm okay. I'm not in the real estate business, just so you know. They're just

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investments so congratulations i didn't know i that anyone thought i had a problem i'm an adult

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congratulations but the react so that was brought up today i just want to say that okay but um you

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know when talking about a good neighbor mr belfort was arrested for stealing two cars now so

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we we don't concentrate on the testimony today not his past not anything he's ever done

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was about today, what he said.

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I want your comments about that, okay?

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Sean McDermott, you're able to unmute yourself and speak.

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Okay, okay, thank you.

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Yeah, so I want you to concentrate on what he said today

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and your response to that.

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That is my response.

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Okay, thank you.

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Thank you very much.

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It's a bottleneck for our businesses.

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All right, thank you.

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Mr. Nockmson, do you have any comments or questions?

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I think we just need to focus on the proposed use of this particular property. It sounds like there's issues, which I don't believe are legitimate, but if they are, it goes to the dealership, which is not the subject of the zoning appeal.

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Will the proposed use cause an impact more than what you would expect?

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All right. Anyone else in the virtual audience?

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Yes, two hands to your Stan Kowinski will be allowed to speak.

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Mr. Kowinski, Mr. Sawinski, please state your name and spell for the court stenographer.

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My name is Stan Sawinski, S-T-A-N-C-Y-W-I-N-S-K-I.

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

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Yes, I do.

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And I noticed you testified the last time.

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The testimony today is in comments to what the appellant said today.

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So if you would concentrate on that and your comments should be concentrated on what he said today.

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I understand, Mr. Chairman.

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I just wanted to reiterate that the council district, based on what we've seen, we've had multiple visits to these locations,

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multiple police reports

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and

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based on what we heard today

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the council district

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6th council district

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still opposes this request

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thank you

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thank you

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is there anyone else in the virtual audience

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yes Ray Flanagan will be allowed to speak

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Mr. Flanagan could you state your name

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and spell please for the court stenographer

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mr flanagan sorry i was sorry i was muted sure could you please state your name state

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your name and spell for the court's thermographer sure raymond flanagan last name is f-l-a-n-a-g-a-n

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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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i do mr flanagan are you a neighbor in that area uh i'm a part owner in two buildings

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okay 92 13 9 so so so the purpose of today is to respond to what the appellant testified to so

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i would would have hoped you've heard his testimony and this is to get your comments

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on what you thought he said okay sure um so i i want to affirm what uh pete had said

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there are cars at the end of the road

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as Albert had stated

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but as you go up the road

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there's several cars that have direct auto sales

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so what was originally stated by his lawyer was

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they're not going to put cars there and then there's an explanation of

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they're protecting their property

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but it seems more like they're just storing cars

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and you can tell by the

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the license plates on the front of the cars and i i don't know if i can question this but

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do those cars are they allowed to be on the road unregistered and untagged as i know anywhere else

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in the city yeah so i i think we just want to concentrate on what he had to say so okay well

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he did say uh the lawyer said they weren't going to store cars they're storing cars and there are

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other locations on the road and it does cause a bottleneck up at the end of the road there are

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up at the end of the road. There are other businesses there that do cause a problem.

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other businesses there that do cause a problem.

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And it just, it just is very difficult for us to get our deliveries. And sometimes I could sit

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there for 10 minutes waiting just to get down the street. And that's it. All right. Thank you,

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Mr. Flanagan, for taking the time. We appreciate it. Is there anyone else in the virtual audience?

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there are no more hands chair okay um so planning commission uh you you you um

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you took a position the last time after this testimony today are you still there or do you

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want to change your position we i'm sorry ron do you i'm sorry we're opposed to this

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start state your name first we are opposed to the uh proposal but i could read it again if

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Could you state your name first for me, and I'll swear you in, Ron.

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I'm sorry.

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Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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Right.

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

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I do.

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Please proceed.

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A comprehensive plan recommends no change to the industrial and commercial mixed-use zoning at this location.

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The proposed personal vehicle sales and rentals will indeed have more detrimental impacts to the neighborhood, both businesses and residential, than would be reasonably expected.

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Therefore, we recommend that the board deny the special exception.

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Thank you.

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Mr. Nockamson, we're going to take this into executive session next Wednesday.

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We will vote on this at 2 p.m. next Wednesday, and we're going to get together and go over everything, okay?

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Thank you.

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I can hear you.

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Thank you for your time.

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Thank you, sir.

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All right.

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We're going to go to number two.

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MI 2023-004-534-5312-18 Ridge Avenue.

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Joshua Rubinson is the attorney.

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there's a letter of opposition

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from the Wissahicka Neighbors

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Civic Association

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Joshua Rubenstein

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has been promoted

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Good afternoon, sir.

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Could you please unmute?

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You're so muted.

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We can't hear you.

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You're muted.

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Okay

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Hi, could you state your name, please

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