civus
Hearing video

ZBA Hearing - August 6, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 6, 20255h 46m

Hillary, there is a note here about our commission approvals required prior to permit issue.

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Is that right?

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Okay.

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Questions or comments from our attorney?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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i do not see any hands mr chair commission madison matera planning commission staff

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m-a-d-i-s-o-n-m-a-t-e-r-a do you swear or affirm to tell the truth the whole truth nothing but the

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truth i do please proceed the comprehensive plan recommends no change to the existing rsa4

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residential single-family zoning at this location this application is for the installation of an

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accessory freestanding sign for the archbishop ryan high school planning commission recommends

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the board grant the requested variances for maximum sign height area but deny the requested

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variance for animated illumination thank you um mi 2024 003 930 11101 academy road i vote yes

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michael johns my vote is yes cheryl gaston my vote is yes tenetta graham my vote is yes

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Ryan McAdams, my vote is yes.

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I win, my vote is yes.

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Thank you, counsel. Thank you.

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Thank you very much, Mr. Chair and members of the board.

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Number 11, MI 2025, 001-247-514 East Sedgwick Street.

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Henry Clinton is the attorney.

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I'm coming back in as a panelist, Mr. Chair.

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Okay.

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Morning, Mr. Chairman.

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Good afternoon.

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Good evening, I guess you should say.

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Counselor, could you please state your name and spell for the stenographer?

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Sure. My name is Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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Right. Do you swear or affirm that tell the truth, whole truth, nothing but the truth?

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I do.

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But do you identify your client, a relationship to the property?

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Sure. I have two clients, Matthew Nolan, M-A-T-T-H-E-W, Nolan, N-O-L-A-N, and Stephen Nolan, S-T-E-V-E-N, N-O-L-A-N.

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and Stephen Nolan, S-T-E-V-E-N-N-O-L-A-N.

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You come into the second floor.

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From the steps, you enter the dining room and living area.

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This is an officer study.

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There's no window in this room, and it's not used as a bedroom.

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It can't be used as a bedroom.

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And then the one bedroom is in the rear of the property.

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The remaining documents are what you would typically see in a presentation, such as this,

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or tax clearance, or indication from the tax center that no taxes are due.

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zoning map, again, indicating RSD3. And as I said, at the outset, it is a rather large,

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large lot. The deed indicating that my client just bought this property, and it was a private sale.

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It didn't go through a realtor. It wasn't pointed out that the garage apartment wasn't legal per

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se when my clients found out. They took steps to make it legal. That's why there was some

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consternation at the community meeting as to why do we

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need to do this because they're all over the neighborhood, but

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we won't go there. This is a lease agreement

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my clients have. We blotted out the names of the tenants for privacy purposes,

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two parking spaces, and one bedroom, as I

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said, and one bathroom.

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this lead-based pain and expect inspection list for the property i just did not include the

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signatures but my clients can testify as to that this is a notice letter we sent out to

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all the neighbors within 250 feet 41 neighbors or so but only three or four showed up at the meeting

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that's the presentation

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I'm going to ask

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Matthew who is on the call

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I believe to unmute himself

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and adopt my testimony

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and then obviously

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entertain any questions from the board

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okay

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Matthew can you unmute

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yourself or Stephen

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Counselor should be coming

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back in as a panel shortly

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hi can you hear me i'm matthew could you please state your name and spell for the stenographer

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matthew nolan m-a-t-t-h-t-w-n-o-l-a-n you swear or affirm to tell the truth told truth

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nothing but the truth yes please proceed counsel uh mr nolan did you hear my testimony

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i did yeah you just texted me to say that it did go through a realtor so i stand corrected

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mr chairman members yeah i looked at the mls couldn't find it so it did go through a realtor

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but other than that mr nolan did you hear my testimony concerning the project all of it yes

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and if you had the opportunity to testify would you adopt my testimony as your own

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and as true and correct yes thank you mr nolan questions from the board

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um i'm always concerned about uh fumes and what have you from the cars in the living space or

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the migrating into the living space do we have an issue with that is there some sort of

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um fans circulation filtering air filters in this space i believe mr nolan correct me if i'm wrong

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i believe that you know this is a garage that's been in existence for well over 100 years and

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there's no no venting that that i know of unless you do in the garage there is no current venting

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in the garage um there will be uh when we actually the cars are not parked in the garage

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either ah okay so they're not currently when it does there will be proper uh drywall for the fumes

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and venting put in down the road when that happens but we do not intend on using the garage for the

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garage for cars at the moment okay thank you any other questions questions from our attorney

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Hillary Emerson. Just briefly, Mr. Chair. Mr. Clinton, on the plans, it showed four proposed parking spaces, but those were not included in the scope of the project on the refusal, and it appears that L&I actually did not review these plans because this was submitted as a change of use application.

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i wasn't sure if you were aware of that but just wanted to know that the only thing before the

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board is the change of use for the accessory dwelling unit miss emerson i did not know that um

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i guess maybe in terms of the of the expansive open space here i i don't know that the the

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the parking would be an issue but if you need me to do something i certainly would right no

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parking would be an issue but if you need me to do something i certainly would right no i think you

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i think you have to unfortunately submit a new permit application for that i'm not sure why it

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You have to.

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was there wasn't communication at the the review stage about what was seemed to be asked for and

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how the application was submitted um but i did confirm with lni that only the use the accessory

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dwelling unit use was reviewed. So yeah, so those additional parking spaces would need a separate

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permit application. So would I be able to request an amended refusal based on what's already been

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submitted? Unfortunately, we can't amend a use application to add parking because that requires

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plans and use change of use applications don't involve plans. It don't include a plans review.

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So it would need its own separate application, unfortunately.

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That's L&I's rule, not ours.

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Right.

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Which means we'd have to go through the process again.

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Well, if they were buy-right, the spaces were buy-right, then you wouldn't have a problem.

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All right.

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I think they will be buy-right.

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but but yeah they're just not there's unfortunately not included in this application

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got it all right i appreciate that yeah we'll we'll address that i think it would be by right

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okay all right thanks questions and comments from the virtual audience

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mr chair planning commission

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madison matera planning commission staff the comprehensive plan recommends no change to

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existing rsa3 residential single family zoning at this location this property is over 60 000

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square feet and there is an existing two-story garage on the property that the appellant would

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like to use as an accessory dwelling unit the planning commission recommends the board grant

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the requested variance for an accessory dwelling unit thank you excuse me mr chair yes sorry to

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interrupt, but there is a hand up. It's from Daniel Denk. I will allow them to speak. Okay.

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Hello. Hi, could you please state your name and spell for the stenographer?

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Sure. My name is Daniel Denk, D-A-N-I-E-L-L-E-D-E-N-K. I live at 508 East Sedgwick Street,

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directly adjacent from the subject property. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? I do. Please proceed. Yeah. So as an adjacent property,

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owner, I would just want to ask a question about what the precedent set by changing to an accessory

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unit would be in terms of future development. We in our neighborhood have seen a lot of larger

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properties like this become piecemealed and redeveloped with a higher density. And this

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neighborhood, the reason why many of us have chose to live here is because we like the peace and

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quiet and so wanted to understand if um a change to an accessory dwelling unit would open up

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opportunities for greater development on this property okay our attorney is ready to speak

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um thank you for your question unfortunately that's not something that the board can address

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if somebody wants to make a change to their property and it is not permitted in the zoning

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code they have to come before the zoning board where the community will get a chance to hear

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ABOUT THE PROPOSAL AND WEIGH IN ON THAT. SO WE CAN'T ANSWER THAT QUESTION, BUT IF WHAT'S

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BEING PROPOSED REQUIRES ZBA APPROVAL, IT WILL COME BEFORE THE ZBA AND EACH CASE IS CONSIDERED

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ON A CASE-BY-CASE BASIS IN ACCORDANCE WITH THE CRITERIA IN THE ZONING CODE.

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OKAY, SO THAT DOES NOT QUITE ANSWER MY QUESTION, BUT I APPRECIATE YOUR RESPONSE.

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with me today is also another neighbor um dillis hart hi could you please state your name and spell

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for the stenographer that's dillis d-i-l-y-s-h-a-r-t uh 6921 anderson street sure hold on do you swear

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or affirm to tell the truth the whole truth nothing but the truth what was that question

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Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth?

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I have to swear you in before you speak.

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Yes.

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You will tell the truth, right?

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I'm understanding.

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They're swearing you in. Will you tell the truth?

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Yes, right? Yes.

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Okay, please proceed.

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Now you can play your concern.

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what do they want me to do oh if you have a concern to share that my property joins the

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My property adjoins the Sedgwick property.

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Right.

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And so my concern is if there's going to be a building and all of that, how large and what?

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Because it's my back lawn that shared their back lawn.

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And so any huge project that would be constructed there would address my privacy, my backyard privacy.

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So if there's any large projects, they'd have to come back to us and have our permission to do it.

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This is nothing more than approving what's been there and the people who have lived in this apartment for the last 16 years.

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Have you had any problems with them at all?

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have I had any problems with the tenants that are there now

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no no I haven't had anything all right well thank you very much

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thank you Ms. Stank too for your your input we appreciate it and thank you

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so MI 2025 001 247 514 East Sedgwick Street I vote yes

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michael johns my vote is yes

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cheryl gaston my vote is yes

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tennetta graham my vote is yes

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ryan mcadams my vote is yes

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iowen my vote is yes

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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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great um

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uh thanks everyone um

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done a very reasonable time tonight

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um and we did have a couple complex cases that

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took a little bit longer and i appreciate everybody's input and uh next week right

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next tuesday or wednesday again okay great body perfect have a good night all

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