civus
Hearing video

ZBA Hearing - March 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 17, 20215h 37m

okay ma'am do you swear or affirm to tell the truth the whole truth for nothing but the truth

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i do can you put your name and address for the record please

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Lizette, can you say your first name, spell your last name, and put your address on the

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record, please?

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My name is Lizette Braylow, it's L-I-S-E.

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I think we're having some technical difficulties.

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okay rachel i think that's uh officer of the uh court uh we could stipulate that she uh

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thank you the only proviso i i don't think we're adding on is the i don't think we're going to do

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the it says commercial trash i think it just says uh sharon i think this is trash management plan

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and trash held inside for all floors so i don't want to add commercial trash pick of it that's

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specifically on here given it's like you're you're correct on that rachel i apologize yeah no worries

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thank you yeah um that's it chairman otherwise i rest my case thank you does the board have uh

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Thank you. Does the board have any questions?

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Any questions?

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No.

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No.

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No.

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No.

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Confessor, did it release you?

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Can you hear me? Is there anyone else here in this matter?

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Yes, Secretary. We have Strawberry Mansion Community.

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You've been unmuted. Please wait for the Secretary.

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Hello? Can you hear me?

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Yes. Can you identify yourself for the record?

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Yes. Bonita Cummings, Strawberry Mansion Community Concern, Director, RCO.

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Director, please.

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Can you spell your name for the record?

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It's B-O-N-I-T-A, Bonita Cummings, C-U-M-M-I-N-G-S.

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Record, please.

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You swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Please proceed.

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You're going in and out, so I'm not sure if I can be heard.

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Can I be heard?

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I can hear you.

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Oh, okay. Okay. Yeah. I just wanted to. I don't think it's on your end, Benita.

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Okay. Yeah. We, uh, I just wanted to make a correction that the 2009, uh, RCO process was

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with the Strawberry Mansion Community Development Corporation and not with Strawberry Mansion

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Community Concern. Thank you. And Strawberry Mansion Community Concern heard, uh, this matter

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on March the 8th of 2021 and were, uh, have non-opposition due to, um, it already being a

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pre-existing structure with pre-existing residents.

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However, there is concern or was concerned

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with the trash process, which is I think being addressed.

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And there was some concern with the back wall

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and dampness affecting the first floor tenant.

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Lighting as well as some decay of wood

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around the front part of the building,

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which I believe the landlord has also corrected.

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So those were some of the concerns we had regarding this matter.

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But we are now in opposition due to it already being from 2009 to date

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of three families dwelling with pre-existing tenants.

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Thank you.

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Thank you.

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Anyone else?

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I see no more hands

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Secretary

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Thank you

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Planning Commission

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Confessor, you're still muted

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he had said planning commission i believe planning commission yes thank you confessor um

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ian hegarty for the philadelphia's planning commission on 2014 the zoning map was amended

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here from cmx 2 to rsa 5 in according with recommendations from the comprehensive plan

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however the proposed use is consistent with documented prior use as a three-family dwelling

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and so accordingly the city planning commission recommends that the board grant the variance

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Thank you.

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Calendar number, let's see here, and my 003042 2455 North 29th Street, my vote is yes,

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with proviso trash to be stored inside.

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Yes with proviso.

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Yes with proviso.

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Thank you. Good luck. Calendar number MI, which one is that Zeng Jin? Let's see. MI 002995254 East

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Phil Atlanta Street

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Attorney

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Zen Jin

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Mr. Jin has been promoted

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to panelist

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Good morning

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Morning Mr. Jin

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you swear and affirm to tell the truth

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the whole truth and nothing but the truth

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I do

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Can you please identify yourself for the record?

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Can you please identify yourself for the record

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Yes

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Yes.

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Zen Jin ZH

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Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia EPA 19103 here on behalf of the applicant, Advanced LLC.

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Mr. Jin, you submitted the required documents, proof of ownership, tax compliance, copy of the deed, refusal or referral five days prior to this area?

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Yes, I did.

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Also, have you met with the RCO and have a letter?

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Yes, we do.

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Thank you, please proceed.

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Thank you.

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I'm gonna go ahead and share the information

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with the board regarding this case.

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Give me, I'm sorry, my apologies, one second.

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So, we have submitted to the board the refusal, community letter, photos, plans, certificate

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of tax clearance, deed, application, the project information sheet, and this hearing notice.

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This refusal has been addressed with some changes.

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I will specifically explain them as we go through the plans, however, this is an application

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for a new structure on a corner property to use as a two-family dwelling. The area is zoned RSA 5,

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so we have two refusals, one of which is for the duplex use, and the second is for a dimensional

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standards front setback, because the existing building next door has a front setback.

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When we met with the community, we made some changes which were met with their approval.

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As a result, we were given a support of the community in their letter with the specific items discussed, all which are agreed to.

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So the particular requirements that the community is looking for is they do not want a third floor rooftop deck.

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Although our revised proposal for a second floor balcony style type roof deck, a small one, is accepted.

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um the to provide street trees we will work with the street department um to provide uh the street

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department approval of the sidewalks on both streets uh that is because of the steps coming

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out of the building we will we did get approval but we will also verify those approvals with the

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community uh our revised proposal has the front setback meeting the eight foot requirement

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essentially eliminating that particular refusal. However, we proposed it initially with a concrete

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patio. The community would rather just see grass planted in front rather than concrete, and certainly

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my client has no issue with that and agreed to do so. And the adherence to the front yard setback

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is part of our change. On the plans that I am going to show the board, the plans now

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are revised to show that the eight-foot front setback is being met. This does still show the

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concrete patio, but again, we have agreed to make sure that this is not going to be put in as part

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of the construction. No rooftop deck, a small deck in the back. We still meet the requirements of

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rear yard depth and open space, so there are no changes to the refusal, only the elimination of

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the one refusal. The community understands that this is a unique block in that it has both

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commercial-type use, single-family, as well as what we are proposing, multifamily. Because it's

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kind of a mixed block with different size structures, single-family, some of these are

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multifamily, and then you have, we're kind of on the corner that's adjacent to two larger,

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more commercial type uses. So it's kind of a mixed use block where a corner property with

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a duplex use really will not negatively impact the community in a significant way. And it's

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not inconsistent with corner uses in the community. So they did not oppose our request to ask

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for a variance to get the duplex use. In this case, the revised plans show again, there's

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small rear balcony deck on the second floor only, no rooftop deck. The height is within code and

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our roof plan no longer contains any deck proposal. It is basically a first floor basement unit,

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second floor unit, and third floor is combined as a secondary unit. This layout itself provides

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outdoor space in the back because this is also a corner property um the

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outdoor space in the back because this is also a corner property the rear yard is accessible by

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both units therefore trash storage management will not be an issue with the sit back generally

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speaking the community has no objections otherwise to our proposal this is the existing property next

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door which is set back it's a small property we have the corner lot and the new structure would

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go up. But there is actually space between the two. These are not attached structures.

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We're going to have a little bit of space to work with between the building and the

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existing structure. And here's the commercial use across the street. This is another angle

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of the lot. Because of the way the lot is graded, our height is actually coming from

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the lower end. So our building won't look especially large compared to the existing

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building because of the grading of the first floor so i'm certainly happy to answer any questions

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from the board but we do have again support from the community for the duplex use itself

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so i would ask for the board's favorable review of this application excuse me mr jen this is

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sharon solita did you submit a revised plans form and revised plans uh when we submitted the exhibit

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here's what I was looking at the plans. The way this can be really done would be better with

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provisals rather than revising and stamping the revised plans. Simply to say that we must meet

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a foot setback and no third floor rooftop deck would meet all the requirements. Thank you. Thank

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you. Is that okay, Sharon, with the eight-foot setback? Eight-foot setback and, Mr. J, no

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rooftop deck? No third floor rooftop deck because we do want the second floor. Yes, thank you. Yes,

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that would be fine, Mr. Plaza. Thank you. Thank you. Does the board have any questions? No. No.

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Anyone else here in this matter?

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Yes, a representative of my client's company is here.

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Her name is, I don't want to mispronounce it,

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but short is Angie.

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She should be here with us.

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Angie, can you raise your hand in Zoom?

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Angie has been unmuted.

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Please wait for the chair and unmute yourself.

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Good afternoon.

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uh good afternoon angie can you uh please identify uh yourself for the record please

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angelanis acevedo

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your address

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254 east philolina philadelphia pa

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your address

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you should be sure and affirm to tell the truth the whole truth

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yes i swear can we get a spelling for that name mr plaza

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Sure.

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Can you spell your first and last name for the record, please?

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A-N-G-E-L-A-N-I-S, last name A-C-E-V-E-D-O.

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Thank you.

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Please proceed, Mr. Jean.

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Thank you.

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Angelina, as you heard my testimony and presentation to the board,

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can you verify that the presentation and the testimony is true and correct and adopted as your

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own? You are muted. Yes, I do verify. Thank you. Thank you. Anyone else, Mr. Arjun, you have?

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I don't have anyone else to present at this time. Then I'm here too. Oh, that is Miss Annette

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made her. It's the owner of the

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property. Originally, I thought she wasn't

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going to make it today. Okay, ma'am,

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can you please identify yourself for the

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record? Yes, I'm sorry.

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I went to the pediatrician with my son,

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so I wasn't available before.

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My name is Anat Madar,

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A-N-A-T,

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Madar, M-A-D-A-R.

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You swear in the firm to tell

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the truth, the whole truth, for nothing but the truth?

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Yes, sir.

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Thank you. Please proceed, Mr. Jim.

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Thank you. Anat, you also heard my

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presentation and testimony to the board. Can you also verify that it's true and correct and

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adopt it as your own? Yes, it is. Thank you. Thank you. Anyone else here in this matter?

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Secretary, we have Jeffrey Hayes. Please unmute yourself, sir, and wait for the secretary.

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Mr. Hayes, you swear on the firm to tell the truth to...

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Mr. Hayes, you swear on a firm to tell the truth, the whole truth, for nothing but the

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truth?

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Yes, I do.

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And you agree to waive?

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I'm sorry.

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And please identify yourself for the record.

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