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Hearing video

ZBA Hearing - March 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 9, 20224h 56m

put it on the market and sell it isn't that correct

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uh after he's built the new house yes after he builds a new house moves into the new house

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he's going to sell the older home the home that he's been living in isn't that correct yes

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unless he decides to keep it and rent it i i you know i would have to i think mr bizano would have

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to confirm that okay now i'm not sure that the board has all the letters and we're going to try

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to give them all you will agree with me that you appear before the conservancy group at the of the

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Chesson Hill of Chesson Hill. Isn't that correct? Yes. And you'll agree that they voted 4-0

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against building this project. Isn't that correct? Well, they voted, there was one abstention. Yes.

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Something zero and one, whatever it was. Okay. And Mr. Chairman, if you do not have that letter,

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I believe we can supply it to you from that group.

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We did receive that letter today, just to finish what Mr. Feynman was saying.

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But it was dated February 8th, so I have a feeling it made it to the board already.

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Yeah, I think Sharon has it as well.

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Right.

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Thank you.

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I will say we did not present the as of right scheme to that committee.

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We presented just the scheme that we proposed to do.

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So they did not see the the impact on the on the historic house that the as of right scheme would have in terms of blocking views of the existing house.

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OK. And what you talked about was that one of the people who I represent who live on gravers, that is some the new house will be some distance away.

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I can't remember how many feet. It was like over 100 that you testified to.

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The near point is 133 feet. From the main body of the house, it's 145 feet.

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And how about the other people who I represent, Mrs. Jacobson and her husband, Dr. Golden, who live at 8420, the new house will be, was it 10 feet away or do I have that wrong?

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New house is 52 feet away from the nearest non-compliant side extension they made onto their house, and 65 feet from the main body of the house to the near point of our house, which is 20 feet wide.

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Right, 50 feet away and 65 feet, right? Is that correct?

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Yes.

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I have that right, okay.

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Yes, not 10, it's 65.

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65, what was the 50 feet?

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52 feet from that conservatory structure, which is four feet into the side yard setback requirement of the property.

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And by the way, you don't know that you're not familiar with any, because I'm not familiar with any either of any violations that have been issued by the Department of Licenses and Inspection in regard to that particular area. Are you familiar with any?

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there are none in the record but if you want to get into it i can tell you that what was

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permitted is a building that would be 17 feet from the property line and what was built is a

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building that's 11 feet the next year from the 11 feet from the property line and there are not any

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documents in the file that indicate that some uh this six foot change on a 15 foot by 15 foot

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uh construction which was written on the the zoning plan as being a nine by 15 foot

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by the by the the executive director of the planning commission who's personally stamped

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the plan so if you want to get into it david i'm not getting into anything but you you asked me you

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asked me if i'm aware of any violations wait a minute wait a minute let's get back let's get

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focused on what we're trying to do here we're really what one refusal is right yes correct

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Yes, correct. So let's go back to talk about the refusal, present cases one way or the other about the refusal, and let's go from there.

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So let's go back to talk about the refusal.

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I have no other questions, Mr. Chairman.

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Thank you, Mr. Feynman.

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Mr. Primavera, who's next?

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Yes, Joyce Landhart.

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if you can allow her to be promoted or participate.

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I didn't think she was going to be promoted then.

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Right.

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Ms. Lenhart, you can unmute yourself and wait for the chair.

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Ms. Lenhart, could you state your name and spell for the court reporter?

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Joyce Lenhart, J-O-Y-C-E-L-E-N-H-A-R-D-T. Right. Do you swear for him to tell the truth,

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the whole truth, nothing but the truth? Yes, I do. Proceed.

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Ms. Lenhart, you are an architect, correct? Yes, I am. All right. And what's your role

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in the Chestnut Hill zoning review process? I'm the current vice president of the physical

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Division. And I'm also a member of the Land Use Planning and Zoning Committee. I've been on that

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committee for over 20 years. And I just go ahead. And you've had the opportunity to see this project

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in detail as it was presented. And obviously, you know, the area because this is your neighborhood

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or community? Yes, I've lived in Chestnut Hill since 1985. And there's a letter, I believe,

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that went from the Community Association in support of this plan. And can you tell me

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the basis for that support and the support basis for the Land Use Committee?

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I'm sorry, you want to know the basis for the support? I was at the meeting and so were you.

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You know, this is her view of why they of why she voted in favor of it, not the six people who voted against it.

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This is her view. I think it's an improper question to ask her why they voted for it.

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She'd have to tell us why all nine or eight, because I'm not sure, voted in favor of it and why six of them voted against it.

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So, Mr. Premier, I think we all read the letter. If you could ask her what she thinks, just her, that's fine. And I think that's where we need to be.

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All right. So, were you involved with the recommendation of the Land Use Planning Committee to the association?

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Yes, I voted in favor of the...

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All right. And why did you do that? Why did you think that the zoning relief was appropriate?

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So my position is that this is a subdividable property and that the buy-write option is much more intrusive to the community than the variance option.

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I believe that the variance option is sensitively designed. It works well with the landscape, with the shared driveway.

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There's less impervious surface needs to be created.

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It's a modest house.

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It's invisible to the wider community.

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The buy-write option would crowd the historic house.

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It would be much more intrusive.

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And the property owner has the right to subdivide his property.

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And I think there's a better way to do it.

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All right.

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Thank you.

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I have no further questions of Ms. Landlord. I only have one question. You were at the meeting,

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as I remember, you were at the meeting virtually. Isn't that correct? Correct. And you'll agree with

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me, I think, that the vote as recorded at the time of the meeting was eight in favor, six against,

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one abstention. Later, am I correct about that? And I'll talk about what happened later.

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Is that correct? That was what was recorded at the meeting. Is that correct?

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I know that the final result was nine to six.

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Finally, they recounted and the vote was nine in favor and six against. Is that correct?

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Nine to six was the result.

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nine to six was the was the result okay i have nothing further all right thank you and

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Okay.

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yeah lastly i'd like to have dr bizano uh promoted so that uh we can at least have him uh sworn and

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uh adopt the uh testimony that he's heard you never got out you know you're still in sixth

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grade you're going to promote promote that's right dr bizano could you state your name and

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spell for the court reporter? Dr. Pizzano? Yes. Can you hear me? Yes. Dr. Pizzano, could you state

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your name and spell for the court reporter? Yes. Joseph, J-O-S-E-P-H, Pizzano, P-I-Z-Z-A-N-O.

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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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Yes, I do.

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So, Dr. Pizzano, did you hear my presentation as well as the testimony from your architect, Larry McEwen?

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Yes, I did.

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And is it consistent with what you know to be the facts concerning the proposed development and the plans for your property?

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Yes, it is.

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all right uh and do you adopt it as your own yes i do all right i have nothing further

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of dr pisano can i just um ask dr pisano one i only kept really one question you heard me

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ask your architect whether or not after the new house is built you plan on moving into that new

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house isn't that correct that is correct and after you move into the new house i believe

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of your architects said that you plan on selling the beautiful home that you live in now. Is that

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correct? That is correct. I have nothing for you. Mr. Turnover, are you finished? Yes, yes I am. We

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have our exhibits in the record and in terms of the direct testimony, we've concluded. Mr. Feynman?

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Yes. I'm going to try to summarize the testimony so we spend not a long period of time on this case, and I think it'll be helpful to the board.

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We represent a whole host of neighbors, and I think that, Josh, you could put up, we could share the screen at this point and show you what we've submitted previously.

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and while he's doing that let me indicate that I know that in the audience right now

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is Susan Jacobson, Dr. Michael Golden, Monica and Steve Heymans and I believe Richard Snowden

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as well as Carol Otis. There might be others that I haven't identified. So what you'll see here

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is basically showing that almost every neighbor that adjoins this property is against the proposal.

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almost every neighbor the closest two neighbors which the architect made reference to

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is susan jacobson and dr michael golden who i believe live at 84 20 and then the uh the other

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people across who are a hundred feet away and they oppose it as well so it's pretty clear that

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everybody has the appropriate standing and if they were to testify they would talk about

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and and dr and richard snowden would talk at length about this is what chestnut hill has

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always been, which is a community in which you are now going to lose, quite frankly,

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the historical nature of the community. And that, quite frankly, only is because

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Dr. Pisano loves his land, and what he wants to do is sell the property in front and then

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move in to the property below. I'm happy when the case is finished.

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to the property below.

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I'm happy when the case is finished.

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We've submitted to you.

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We knew that Mr. Primavera would talk about the minimus

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portion of this property.

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And we knew that and we have submitted a brief on that point.

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And when the case is finished and he sums up,

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I'm happy to talk to you about the law

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because I think that somebody's trying to pull the wool in front of your eyes

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and quite and what they would also testify to

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is that there's no need to be here

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if Dr. Pisano wants to build a new home and sell off his old home he can do it

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he could do it as the matter of right and what we're doing is we're taking all your time

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what do you have to come before the board to do you have to prove a hardship

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there's no hardship his only hardship is that he likes that piece of land and wants to move

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into a new house you know you know what i'm going to object i think i was fairly lenient

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but let's not have closing argument up front

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um the they would testify quite frankly that the historical nature of chestnut hill

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is being impacted by this new property and that they don't see

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any community benefit to having this new property presented so i'd ask that they be sworn

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and they would adopt my testimony.

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Okay.

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I'll call them out.

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Why don't we do that?

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Why don't we have them all once?

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I'll swear them all in

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and then you can adopt a testimony.

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We can do that.

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Instead of everybody, testify.

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Thank you.

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Susan Jacobson, Dr. Michael Golden,

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Monica and Steve, are you there?

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And I believe Richard Snowden

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is in the audience as well.

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yes we are here yes this is jacobson and michael richard snowden is here could could we

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let's start here uh and i don't know let me just be clear are there any other neighbors

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who were in the who were in the uh neighbor who were in the audience steve hammond and monica

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hammers um okay if there's anything in addition that you'd like to add to what i've said

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please feel free to do it at this point if i'm gonna wait a minute david i'm gonna try to find

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a way to swear them all in okay at least get their names at least get their names for the

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court reporter so i apologize i dr golden and his wife first yes michael golden m-i-c-h-a-e-l-g-o-l-d-e-n

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and susan jacobson s-u-s-a-n-j-a-c-o-b-s-o-n right do you swear for him to tell the truth

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the whole truth and nothing but the truth yes uh richard snowden yes uh richard snowden r-i-c-h-a-r-d

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s-n-o-w-d-e-n right do you swear for him to tell the truth the whole truth and nothing but the

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truth. Yes, sir. And then the Hyman, Hyman. It's Stephen Hyman, S-T-E-P-H-E-N-H-E-I-M-A-N-N.

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And Monica Hemmers, M-O-N-I-K-A-H-E-M-M-E-R-S. Do you swear for him to tell the truth,

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the whole truth and nothing but the truth? Yes, I do. So I think that's it, Mr. Hyman.

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so Feynman

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right

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is there any

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do you adopt my testimony

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that I've given as your

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testimony today

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I do

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I do

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thank you very much

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Mr. Feynman

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you want to continue

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I have no further witnesses

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David

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do you want to summarize your

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Why don't you call Mr. Prevere, you ready to end?

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Yes.

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David, I think that we did have the councilwoman's representative might be on.

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Sorry, is the councilwoman present, councilwoman Bass, or his representative?

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Mr. Richardson?

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Mr. Richardson, you can unmute yourself or wait for the chair.

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I'm here, Mr. Chair.

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Hi, Mr. Richardson.

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you've been sworn several times today to state your name for the court reporter charles richardson

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from the office of councilwoman cindy bass from 312 city hall right proceed councilwoman is uh

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Councilwoman is opposed to granting the variance. This is one of those situations where the RCO

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opposed to granting the variance uh

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has voted against the desires of the near neighbors. And traditionally, the near neighbors

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are the ones that hold sway in any of these types of situations. It's not very often that an RCO

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those against the uh the near neighbors in any any situation but in this case it had it has

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occurred and she is uh strongly backing the the position of the near neighbors thank you mr

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richardson um and i would ask one one last thing did does mr chairman do you have the letter from

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