civus
Hearing video

ZBA Hearing - January 22, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 22, 20257h 43m

All others can enter the appearance through Zoom registration.

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For individuals participating in person, a QR code is available to register your appearance.

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For assistance, please see a staff member at the back of the room.

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If you have any questions about how to enter your appearance, please contact RCOZBA at phil.gov.

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If you are in the hearing room, please refrain from talking or engaging in conversations while the hearings are proceeding.

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Please note that eating or drinking in the hearing room is prohibited.

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prohibited. Verbal and physical aggression will not be tolerated. If you're participating

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remotely, please remember that Q&A on the Zoom platform is not for testimony or comments.

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Any comments related to the hearing should be directed to ZBA Executive Director at phil.gov.

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Before we begin, our Executive Director, Ian Haggerty, has an important safety announcement.

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Ian? All right. Thank you, Chair. Welcome, everyone, to the zoning hearing room this

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afternoon. The safety of the attendees in this room is our highest priority. In the event of

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an emergency, please pay attention to the announcements over the loudspeaker, which

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will provide detailed information. If there is no announcement, please follow the direction of

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security personnel or ZBA staff. The main exit is through the double doors located at the rear

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of the room where you entered. If an order is given to evacuate the room, the nearest stairway

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is to the left outside those double doors follow the illuminated exit signs to reach the stairway

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if an order is given for any reason to evacuate the building the rally point is at love park

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directly across arch street from the public entrance to this building please remain at

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the rally point so you can be accounted for restrooms as a reminder are located right

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across from the elevators where you arrived and a water fountain is located just outside

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those double doors to the right. Thank you. Thank you very much. Let's look at our schedule.

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Number four, MI 2024-003-271-1201-03 Adams Avenue. That case is continued.

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Number five, MI 2024-004-320-6560 North Bouvier Street. That case is continued.

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And number nine, MI 2024-006-243-90 Rochelle Avenue, that case is a continued attorney-moving party.

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Are there any other requests for continuance in the room?

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Good afternoon, Chair. This is Jasmine Webster, and I will be your co-host this afternoon.

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I have a hand up by the name of Wallace Wade. They have been promoted to panelists.

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Okay, thank you.

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Could you please state your name and spell it for the stenographer?

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Wallace Wade, please unmute yourself and turn your camera on.

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Do we see him?

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Hello?

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

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W-A-L-L-A-C-E

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You're breaking up, sir. Please start over.

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Wallace Wade.

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W-A-L-L-A-C-E

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Wade W-A-D-E

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right 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 do

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sir what case what's the address of your case

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number

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900 East Shelton

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yep

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yes

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so tell me

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do you want to continue it

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no we're

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ready to go ahead

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okay so

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I have a couple of few things to go for, so I'm not going to come back.

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No, I'll take that back.

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Can we continue this one more time, please?

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Can we continue one more time?

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One more time.

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We have everything together, but I still need to talk to my client to make sure everything is okay.

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Okay.

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All right.

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So MI 2023-004-267-900 East Shelton Avenue.

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0-0-4-2-6-7-9-hundred-East-Chelton Avenue.

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Cases continue.

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Case is continued.

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Mark must be heard.

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Thank you, sir, for calling in.

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We appreciate it.

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Is there anyone else who has a continuance?

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Yes, Chair.

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I have a hand up.

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Never mind, Chair.

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The hand went down.

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There are no more hands at this time.

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All right.

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So case number three, MI 2024-002-319-4309-31 North

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Lawrence Street.

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Walter Tolliver is the attorney.

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No exhibits. Third listing.

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Mr. Tolliver.

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Or anyone from

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199 Hunting Park.

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There are no hints at this time,

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Chair. Okay, so, number

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three, MI

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2024-002-319-4309-31

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north lawrence street cases continue mark must be heard and number six mi 2024-005-134-5816

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katherine avenue monica coach is the listed applicant vaxa enterprise this is no exhibit

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second listing i see no hands at this time chair okay thank you so um number six

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MI 2024-005-134-5816 Catherine Street.

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That case is continued to 6-04-3025 at 2 p.m.

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Okay.

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We could do, go to number two first.

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Oh, here's our add ones. Number one, MI 2024-006-167-76 Germantown Avenue. I vote yes, proviso, per refusal dated 1-9-25.

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Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Tanetta Graham, my vote is yes, with proviso.

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Hi, I win. My vote is yes with proviso. Number two, MI 2024-006-220-2123 Catherine Street. I vote yes with proviso. No roof deck access structure above fourth floor.

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Michael Johns, my vote is yes with proviso.

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Excuse me, Mr. Chair, I just wanted to clarify the proviso for the record. It's no roof deck or roof deck access structure above the fourth floor. Thank you.

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a roof deck or access structure above four floor.

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Yeah, Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanita Graham, my vote is yes with proviso.

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Taya Wynn, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Number three, MI 2024, 006033, 2601 to 31 North 28th Street.

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Michael Johns will certify himself before he votes.

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I vote yes.

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I certify that I did review the video and my vote is yes.

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Cheryl Gaston, my vote is yes.

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Taiwan my vote is yes we're good okay all right we're going to move to number

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two MI 2024 zero zero zero six four two seven forty two Christian Street burnout

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Astasio is the attorney a letter of anonymous non-opposition from Bella

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Vista and a letter of non-opposition from Councilmember Squiller

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afternoon mr chair you've already been sworn could you just state your name for the record

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uh yeah verne anastasio a-a-s-t-a-s-i-o and i represent the santagua family who owns the property

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okay our vice chair has a few questions thank you good afternoon council do you agree to waive the

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reading of the refusers stipulate to its accuracy i do have you emailed in all the required documents

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and exhibits that's needed to proceed with this case five days advance five days in advance of

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this hearing yes sir thank you counsel please proceed and share your screen thank you

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Thank you. Mr. Chair, members of the board, 742 Christian Street is smack dab in the middle of the Italian market area in Bella Vista, and the application is for a takeout restaurant with seating and associated commissary services.

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mr chair members of the board 742

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This property has a very long history of food service.

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It was a commissary for a very long time, decades.

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The original owner, who still owns the property, was in the food service industry, and this space has always been used for that.

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However, when it became vacant and the area was remapped, it did become RM1.

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so the first floor use requires the variance and of course you could see here there's everything

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been from storing food carts to cold foods to preparation of sandwiches to a deli going all the

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way back here's the plans for the first floor as you can see you enter here there's only one little

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step to get in. We've got just a handful of tables, a stand-up counter. We have the back

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of the house. We have the full commercial kitchen. There it goes. Full commercial kitchen

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and trash storage in the rear. Although previously approved, we have these apartments as well

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on the second and the third floors.

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Let's see what else we have for you.

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Decades-long ownership-occupied building

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with a long history of commercial mixed-use,

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takeout restaurant applications for some seating,

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and a potential commissary ghost kitchen services.

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There'll be a commercial hood and exhaust that runs to the roof,

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and the fan will be placed in the northwest corner near the adjacent restaurant.

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Days of operation and hours are, as such, Tuesday through Sunday, about 11 to 9-ish.

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There'll be commercial trash pickup.

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There'll be deliveries used.

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There's an existing loading zone on 8th Street, 15 feet away.

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The residential trash containers will be housed within the property and exterior lighting and property management will be installed.

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Here are some photos. That's the exterior. This is the door that goes up to the apartments. This is the door that goes into the food service area.

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Here are some interiors.

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there's some rear yard

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additional upstairs its owner occupied as well

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this family has owned the property and managed it for generations

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For some reason, this is turning blank on me.

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Hold on.

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Please give me a moment.

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Page 67 and 69 of the exhibit packet are, in fact, the letters of support from both the Bella Vista Neighbors Association and Council Member Mark Squilla's office.

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The property is adjacent to a sit-down restaurant

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And right across the street is a smoke shop

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Within 250 feet

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There are four other to-go food establishments

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On Christian Street itself

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And I'm going to try and pull up

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This again

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and if the internet will cooperate with me.

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Just give me one moment.

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Let's give me one moment.

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here's the letter from council member squilla

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and the letter from

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Bella Vista Neighbors

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who we met with twice.

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With that, I'd like to have Maria

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Santa D'Gardulu

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raise her hand so she can be

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recognized by the board.

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Maria, last name

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and didn't ask has been promoted

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to penalist.

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Good afternoon.

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Could you please state your name?

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Do we share a hand?

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Yes, Chair.

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Maria, last name, Indiana S.

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Please unmute yourself and turn your camera on.

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she have a hard time on muting

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yes sure that's what it is give me one second i'm so sorry my mom is sure sure that's that's

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fine i'm just opening it up for her could you please state your name and spell for the court

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stenographer maria santor juglu m-a-r-i-a s-a-n-t-o-u-r-t-z-o-g-o-o-u

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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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Please proceed, counsel.

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Thank you.

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Maria, thank you for joining the hearing.

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Did you hear my presentation to the board this afternoon?

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Yes.

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Is it true and accurate to the best of your knowledge?

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Yes.

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Do you adopt it as your own testimony?

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Yes.

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Thank you.

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I have nothing further, Mr. Chair.

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The property is literally surrounded by exactly the same use.

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all right questions from the board can you go back to the the the the image of the first floor

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