civus
Hearing video

ZBA Hearing - July 26, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 26, 20235h 26m

Excuse me, Mr. Chairman.

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Please proceed, Tom.

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Tom?

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You're a little broken up, Tom.

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Excuse me, Mr. Chairman.

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A little better, but you're still breaking up.

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Tom, this is Tanya. If you want, you can join on the phone.

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Tom, why don't you call in, Tom? It might be easier.

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Tom?

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LaKeisha, let's hold up till we make connections with Tom.

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Yes, I was about to suggest that to you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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break it up Tom

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a little bit better Tom

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but it's still breaking up

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have you tried calling in

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when you try calling in

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Thank you.

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Thank you.

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Thank you.

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how are we doing

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chair this is for team l it looks like we have 39 attendees so we can proceed as you wish

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let's wait till we make sure we have connection with tom yeah we excuse this is hillary yeah we

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We can't proceed until we have three members for our quorum.

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That's fine.

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I was just letting the chair know how many attendees we have as you did.

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Thank you.

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Thank you, Fatina.

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Okay, Chair, I requested that Mr. Holloman rejoin on his telephone and use the computer

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only for video.

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Perfect.

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So he should be back in a minute, okay?

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Thank you, Tanya.

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My pleasure, sir.

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Thank you.

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Thank you.

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Thank you.

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Mr. Tom, if you're signed in on the phone, may you press star six to raise your hand

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so we can promote you to panelists.

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Yes, sir.

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Yes, sir.

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Yes, sir.

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Yes, sir.

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Tom?

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Tom, please mute yourself.

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I believe it's star six to raise your hand when you're on the cell phone or call it.

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Star six will unmute yourself.

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okay we'll start nine raise your hand star six to unmute

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mr thomas if you're on the uh telephone device just press star nine so we can promote you

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i think that's it yep and then star six then i mute yourself on the telephone is the time

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can you hear me now a perfect time

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absolutely perfect

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absolutely perfect

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thank you

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thank you

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okay

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so Tom mute yourself

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until you need to respond to the chair

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and we can proceed

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okay

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that's ready to go

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we're ready

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And the recording has been started.

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Good morning, everyone.

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My name is Bill Bergman, and I will be chairing this morning's DBA hearings.

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With me is our Vice Chair, Ismael Shahid, our Board Member, Thomas Holloman.

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And please just unmute on your telephone.

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Present, Mr. Chairman.

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Also present is our attorney Hilary Emerson and our executive director Tanya Sunken.

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Here's our virtual format.

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Be advised the proceedings are being recorded.

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it. Video will be available by contacting tanyasunkett at phil.gov. For the benefit of

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our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star

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6 to unmute. To win an appearance statement, call 267-270-5548. Leave your email and the address

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of the property in question. And finally, the question answer box on the screen is not for

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comments or testimony. All comments should be directed to our executive director, Tanya Sun.

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Let's look at our morning schedule.

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Number six.

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MI 2023-000629-1447 West Cuyahoga Street, that case is continued, attorney moving party.

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MI 2023.

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Number seven, MI 2023-000631-2326 North Park Avenue, that case is continued, attorney moving party.

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Number 12, MI 2023-000-682-5918 Chestnut Street. That case is continued Attorney Moving Party.

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And number 13, MI 2023-000-633-1307 West Susquehanna Avenue. That case is continued Attorney Moving Party.

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Is there anyone in the virtual audience whose comments relative to the cases that have been continued?

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Good morning, Mr. Chair. This is Jason Hand. I will be your co-host for today.

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Thank you, Jason.

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Yes, sir. At this time, I do not see any hands.

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Are there any requests for additional continuances?

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Mr. Chair, this is Hillary. I just wanted to note that Emily Persico has joined us as an alternate board member this morning.

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Thank you. Good morning, Emily.

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Good morning.

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Are there any other requests for continuances?

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Mr. Chair, we have Sean Whalen with the hand raised.

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I will allow them to speak.

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Okay.

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Good morning, Mr. Whalen.

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good morning chairman how are you good could you state your name please and spell for the

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court stenographer sure sean whalen w-h-a-l-e-n right do you swear or firm to tell the truth

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the whole truth and nothing but the truth yes i do which case sir uh 4100 orchard lane

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mr whalen yeah mr whalen this is hillary that's on the 2 p.m list

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oh okay i i thought it was originally but then i saw i have an email from administration saying

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it was listed at 9 30 so i just wanted to be safe okay you know we have it on the 2 p.m list

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all right in that case i will see you at 2 p.m all right thank you are there any requests for

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continuance sir there are no further hands at this time thank you oh wait a minute

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yeah i'm sorry two hands went up one hand one hand from a number ending in one six five five

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i have allowed them to speak i could you state your name and spell it please for the court

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sonographer. Start six to unmute. Good morning. Hi, could you state your name, please, and spell

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for the court sonographer? Yes, sir. Benny Atedgi, A-T-T-D-E-G-I. We can't hear you.

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Sir, we can't hear you.

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You have to do it again.

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All right.

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It's Benny at Tedgi.

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465 West Queen Lane for 442 West Queen Lane.

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Do you swear or affirm to tell the truth?

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The whole truth is nothing but the truth.

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Yes, sir.

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Chair, excuse me.

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This is the court reporter.

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I apologize, but I did not get his name clearly.

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Sure. Sure. You have to. You have to state your name one more time and try to speak up.

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OK, Ben.

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The last name.

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Any better, John?

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Yes, sure. Thank you.

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Okay. Your case is 440 to 42 West Queen Lane, right?

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Yes, sir.

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So that case will be called shortly. You're not requesting a continuance, are you?

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No, no. Just attending.

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Okay, good. That case will be called shortly. Okay?

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Thank you, sir.

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All right. Do we have any other hands?

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Yes. Beverly Wilson, a tone with a hand raised. I've allowed them to speak this time.

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Hi, could you state your name, please, and spell for the court sonographer?

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Yes, Beverly Wilson Stone.

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Yes, Beverly Wilson Stone.

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Could you spell it, please, for the stenographer?

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B-E-V-E-R-L-Y

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W-I-L-S-O-N

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slash S-T-O-N-E

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

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Yes. What case are you calling about?

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1821 North Natrona Street.

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okay uh that case are you you're not requesting to continue am i correct

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no all right that case will be continued and that case will be called in about an hour okay

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all right thank you sure all right any other requests for continuance

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i see no further hands okay oh i have a few cases here that we got to look for for exhibits

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number five mi 2023 000 623 3360 north 10th street first listing we do not have any exhibits

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Louis Castillo.

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Do we see any hands?

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So there are no hands answering to that property.

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Okay, so MI 2023-000-623-3360 North 10th Street.

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This is the first listing.

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We are continuing this case.

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Mark must be tried.

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And number 11, MI2023, 0007396634 Marsden Street. Ellis Hemingway is the owner applicant. No exhibits. First listing.

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There are no hands answering for that property either, sir.

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MI 2023-000-739-6634 Marston Street.

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This is the first listing.

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This case is continued.

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Mark must be tried.

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And number eight.

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MI 2023-003-049-8330 Millman Street.

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This case has been withdrawn.

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We're going to go to our add-on list, and the first case on our add-on list, MI 2022-006-988-1124-28 Dickinson Street.

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The resumptive hearing in this matter has been rescheduled to Wednesday, August 2nd at 9.30 a.m.

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We're going to go to number four as our first case.

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MI 2022-004-678-6252, Lime Kiln Pike, Lamont Halley is the owner-applicant, Pro Se.

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There's a letter of opposition from the Oak Lane Worcester Community Coalition.

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Councilperson Bass has taken a position of opposition and has provided four letters from neighbors in opposition.

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Three of their neighbors live on the 6,200 block of Lancome Pike.

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The applicant is also saying, has in his support, 28 individual addresses only.

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Devented as a panelist, sir.

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Okay.

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I'm here.

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Hi, could you state your name, please, and spell for the court's sonographer?

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Sure.

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Lamont Haley, L-A-M-O-N-T, Haley, H-A-I-L-E-Y.

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Right.

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Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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This application is for use as a takeout restaurant in an existing structure?

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Yes.

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It has one refusal.

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The proposed takeout restaurant is prohibited in the RSA 5 zoning district.

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our vice chair has just a few questions for you sir okay good morning mr hellie have you emailed

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in all the required documents and exhibits that are needed to proceed with this case

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five days in advance of this hearing um yes i did sir thank you very much please

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share your screen and proceed okay uh one second share screen

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Okay.

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Green button on the bottom?

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Yeah, I hit that and it says screen, whiteboard, iPhone, Zoom.

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Let's see.

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Let's see.

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Let me hit this here.

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Here you go.

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It's coming up.

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