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Hearing video

ZBA Hearing - November 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20226h 28m

chair please please thank you so much if you don't mind may i have permission to stop sharing

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my screen or start sharing my yeah sure thank you um and to stop my video thank you

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can everyone see my screen we can

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Okay. So here we have an application for a special assembly at 2783 Roberts Avenue.

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This is the application for appeal. The applicant here is asking to have a special assembly event

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space for private events. The conditions at the property are such that we believe

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it is configured and is ideal for a special assembly. It would not cause any additional

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public congestion to the streets or endanger the public. The variance we seek is the least

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minimum possible to affect the code provisions economically, as well as the fact that it would

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not harm the use of the neighbor's property, nor will it cause environmental damage, pollution,

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erosion. The project details information form, and this was an application that was previously

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submitted by the applicant's former attorney. Here we have the deed for the property, which

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Ms. Maude Martin purchased in 2016. As you can see, we also have the tax clearance, which shows

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that her taxes are paid up to date. We notified the nearby neighbors, which includes, I believe,

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a neighbor that Ms. Bernstein represents at 2781 Roberts Avenue. Here we have the zoning notice,

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which is posted on the property, the refusal, and now I would like to show you some photographs.

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This is a view of Roberts Avenue facing the building. This is the front of the building.

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Here you see a view looking across the street from Roberts Avenue. This is, it appears,

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another business. I was out there Sunday and I took photos as well, which I will get to.

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This is a view looking to the right of Roberts Avenue.

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Here's a view looking to the left of Roberts towards 2781.

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here we have a view of the interior of the room inside of roberts avenue where miss

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martin plans to host the events

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this is the driveway going down the side of roberts avenue into a rear area here you see

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the entrance to the rear of 2783 roberts there's availability for parking in the rear

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this is a view looking towards stokely street this is one of the photos that i took on sunday

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which shows parking availability on the side of the building on stokely street

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here is a view looking towards both properties again this is a photo i took on sunday which

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shows what the property looks like where there's parking on the street as you look up towards

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under the um underpass here going past this area another block or two are some residential homes

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here is a view looking towards fox street just to give you some familiarity with the area over

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here is the shot right fox fox shot right um up here on fox street but along this area here

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there's plenty of parking spaces. And I bring that up because one of the issues that the neighbor

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had with Ms. Martin's proposal is that they were concerned about parking.

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They were concerned about safety issues. So we wanted to show that there's plenty of

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on-street parking in this area. These are the plans which show the interior of the property.

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It's an open space area that does not need to have any work done to it in order to accommodate the proposal that Ms. Martin has.

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um worked on to it in order to accommodate the proposal that Ms. Martin has for it.

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I emailed Hillary this morning here's a special assembly license that had been granted to

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new material culture it's not an act it's not active any longer but this shows that there's

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a history of special assembly license being granted in this area. During the RCO meeting

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when the applicant's neighbor got on the call, we heard their concerns and we've attempted

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or we attempted to communicate with them and tried to address their concerns by proposing

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a proviso. So what we proposed was that we would, Ms. Martin, would only operate during the hours

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of 8 p.m. to 2 a.m. Thursday, Friday, and Saturday. And they asked to add in that there

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would be a maximum capacity of 49 persons, which she had already said would be the capacity,

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but we added it into proviso. All events would be restricted to the inside of the building.

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No events would be outside. At all times, we proposed that there would be two security guards

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present inside the event and outside of the event to monitor gas, trash, and parking.

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The neighbor asked that the security guards be from a reputable professional company.

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We proposed that we would make sure there were eight off-street parking spaces,

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as you saw in the rear of the building. There is parking to accommodate that,

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as well as additional on-street parking for all events during the time stated above.

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There shall be no parking on the sidewalk during the hours of operation, and all trash should be removed from the premises and surrounding areas, including the driveway and sidewalk daily.

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Ms. Martin would also have a private waste management company to pick up trash weekly, and she has a security camera on site that she would maintain at all hours.

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And we also suggested that she help establish monthly safety meetings with her neighbors.

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the neighboring businesses so we tried to make sure that we were aware of what they were concerned

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about and to address them and we thought that we had an agreement and they did not want to agree

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to the proviso um so we're here today because miss martin who is a 30-year business professional

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she manages and owns a union painting company with union employees which she has managed for

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a number of years she's also a certified um i'm going to stop sharing my screen at this point

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um she's also a certified supervisor and certified industrial hygienist for her union painting

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company and her role as a safety officer and manager includes evaluating and identifying

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hazards, as well as putting together approved health and safety plans. So she was very

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involved with making sure that she understood the safety and maintenance concerns from her

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neighbor at 2781 because of her experience and her willingness to be a good neighbor.

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She also owns and manages several real estate companies and properties in Philadelphia.

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So we wanted to make sure that the board understood that Ms. Martin took into account all of the things that her neighbor at 2781 had brought to her attention during the RCO meeting and afterwards when we met with her.

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So as we stated, this is a unit, this is a property that is uniquely capable of being able to accommodate this particular event space that she would have, and it does not include any live entertainment.

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It would only be for private events that are after hours when the businesses near her are not operating.

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At this time, I would like to call Ms. Martin.

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Okay.

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Well, I'm sorry, Chair.

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After her, I have another witness.

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That's fine.

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Okay.

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Ms. Martin, you're free to speak.

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

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Maude Martin.

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M-A-U-D-E.

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Maude, Martin, M-A-R-T-I-N.

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Do you swear for him to tell the truth,

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the whole truth, nothing but the truth?

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Yes, I do.

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Receive counsel.

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Yes.

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Ms. Martin, are you the owner of 2783 Roberts Avenue?

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Yes, I am.

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And how long have you owned that property?

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From 2016.

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Okay. And do you agree with and adopt the testimony that I've given here today for your property located at that address?

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Okay.

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And do you agree with and adopt the testimony

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that I've given here today?

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Yes, I do.

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And as I stated in my presentation, you currently own a union painting company. Is that correct?

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Yes, I do.

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How long have you owned that company?

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For about 25 years.

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Okay. And you also have other real estate properties in the city of Philadelphia?

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Yes, in the city of Philadelphia and Delaware County.

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And you're also a nurse, is that correct?

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Yes, I'm still a nurse.

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I have a current license, nursing license.

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Okay, and you're a certified supervisor and certified industrial hygienist, correct?

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Correct, by the state of Pennsylvania, correct.

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Thank you.

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Thank you, Chair.

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I have no questions.

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Does the board have any questions?

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Not right now.

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Okay, I would like to call the other witness. His name is Coleman Copeland.

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Mr. Copeland, please unmute yourself. You're free to speak.

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

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Mr. Copeland, you have to unmute yourself, please.

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Mr. Copeland, could you unmute your phone, please?

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Star six, right?

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I believe it's star nine to unmute.

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And it's coming up like he's on like a laptop or a device.

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Yes, he's still muted here.

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Okay.

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Lynn, what's your suggestions?

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If we could go on, I'll try to reach out to him to...

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Okay.

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So your case is basically presented so far,

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but you leave it open just in case you get in touch with him right yes um he's gonna go to

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miss bernstein okay yes i would like to make sure that i reserve that opportunity thank you

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you have the opportunity if you get all of them thank you bernstein

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miss bernstein ma'am you're muted

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it apologies no no no proceed miss bernstein good morning as i mentioned i represent mh2 oaks

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portfolio llc they are the owner of the neighboring property at 2781 roberts avenue i've been asked

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this morning to appear and enter their appearance on their behalf in opposition to this appeal

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I'm also joined by Charlie Reed, who's an owner's representative this morning.

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As that fourth in my letter, which was submitted to the board earlier, MH2 is quite concerned about many changes in the morning to permit this use at 2783 Roberts, as parties have been hosted at this address over the past few years.

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even after the 2021 violation that precipitated this appeal was issued, which have negatively

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impacted MH2's property. For example, 2781, Roberts has been contacted as a result of

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gun violence allegedly associated with these properties. Surveillance has shown inebriated

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patrons urinating on their property. Attendees have been found loitering in the morning when

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their tenant arrives at work, which is creating safety concerns. Cars have been parking along the

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sidewalks in front of both of these two properties, not just on the street. And the parties have

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resulted in a significant amount of litter outside of both of the properties. Further,

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they're pretty concerned by the RCO's recent investigation, which revealed even more police

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activity than was understood by the owner yes there's numerous numerous um responsive calls

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from the police to this property um including for the gun violence that was mentioned um

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and we did meet with the neighbors to discuss just mr copeland could you could you mute yourself

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we'll get to you in a little bit so as miss nichols mentioned we did meet together to discuss

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with the neighbors these concerns and how a proposal going forward could be

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could be put forth in a way that wouldn't impact the neighbor. And we discussed all of the

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put forth in a way that wouldn't impact the neighbor.

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provisions that she went over, but we are incredibly concerned. The owners are very

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concerned that these are not going to mitigate the problems that have existed. There's only so

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much that private security companies can do. They even acknowledge that if someone chooses to park

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the sidewalk. There's only so much they can do to kind of manage people's unlawful behavior.

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And if this proposal didn't go forward at all, none of these issues would continue.

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Additionally, there's concern that they've been told that this was unlawful, that police have

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responded to this, yet they continue to throw parties. So there's a concern that any of these

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provisos that are set forth wouldn't actually be complied with going forward to mitigate

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the neighbor's concerns, which is why I'm here to oppose the application.

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My understanding...

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Are you going to...

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Ms. Bernstein, are you going to call a witness?

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Yeah.

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Why don't we call a witness?

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So, Charlie Reed, if you could raise your hand for me.

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Oh, there we go.

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Mr. Reed, please unmute yourself.

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You're free to speak.

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Hi, Mr. Reed. Could you identify yourself and spell your name for the court reporter?

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Yes, my name is Charles Reed, C-H-A-R-L-E-S-R-E-I-D.

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Right. 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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Proceed.

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So, Mr. Reed, did you listen to everything that I just described with regards to the past activity on the property?

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Yes, I did.

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And was my description accurate?

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It is.

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Would you adopt this description as your own testimony?

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I would.

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Do you have any additional concerns that I didn't bring up with regards to this past activity and the anticipated ongoing activity that would occur if this use was permitted?

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No additional beyond what you mentioned.

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and do you also agree with my description of concerns that any provisos placed on this

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use would not be complied with or would not would fail to mitigate the past issues

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I agree in light of the history of events that have taken place there and the extensive number

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of incidents that have happened prior to, you know, in the past before this use was

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permitted, we don't have confidence that permitting the use would eliminate or reduce

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the number of incidents.

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Thank you.

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Ms. Bersie, and anyone else?

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No, I don't personally have anyone else.

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My understanding is that Hilary Linger, who is the head of the RCO, also is in appearance

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today.

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Well, I'll get to them in a minute.

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Counsel, do you want to bring Mr. Copeland back on?

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Yes, I do.

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Okay.

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Mr. Copeland?

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Mr. Copeland?

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Yes.

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All right.

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

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