civus
Hearing video

ZBA Hearing - November 18, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 18, 20204h 3m

I'm going to show you the neighborhood's letter, if it's not in your file, but essentially at this

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point, they have indicated that they do not oppose the five-unit structure, and we have complied with

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additional repairs and maintenance to the outside of the building at the RCO's request. That concludes

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That concludes my statements, and I'd like to ask that the exhibits be admitted, and I have Mr. Anthony Massiri on the line, if he's allowed to unmute, to adopt his testimony.

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my statements, and I'd like to ask the exhibits to be admitted.

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Good morning, Mr. Massiri. When you get on, please identify yourself with a record, spell your last name, and I'll swear you in.

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Hi, this is Anthony Massiri. Last name is M as in Mary, A-S as in Sam, C-I-E-R-I.

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We're in a firm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Mr. Crick.

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Thank you.

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Mr. Massiri, have you had an opportunity to listen to my testimony to the board today?

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Yes.

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And is that testimony true and correct to the best of your knowledge?

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Yes.

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And do you adopt that testimony as if it was your own?

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Yes, I do.

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Thank you very much.

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Members of the board, we would recommend or request that the variance be granted,

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but understand that it need be held for the provision of the tax clearance certificate,

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which is forthcoming. Excuse me. This is Sharon Saleta. I did check the revenue department. The

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only taxes owing are for this year. If you are unable to get a tax certificate,

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any evidence that those taxes for this year were paid would be sufficient.

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Understood. I will provide that to you shortly. I do not have that at this time.

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I do have evidence that all other taxes are clear.

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This is the only issue and item remaining.

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Thank you.

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Questions from the board?

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No.

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Anyone like to testify in this case?

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If so, please raise your hand.

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No hands, Chair.

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Thank you. Planning Commission.

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Good morning. Paula Brumbler-Burns with the City Planning Commission.

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While the applicant has said that they are reducing the number of bedrooms in the unit,

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they are increasing the number of units from three to five units.

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That does mean that more than or up to three unrelated individuals can still live in

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a unit and more than one person per bedroom is permitted by our zoning code.

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accordingly we feel that five units may actually increase the overall number of

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people density in the building and we recommend that the variance for five

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units not be granted thank you did mr good is mr. Goodman still on

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Andrew Goodman yes

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he's available mr. Goodman you can unmute yourself and wait to be sworn in

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cheers buddy

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goodman you're still under oath from earlier this morning

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please identify yourself

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i'm not sure what's um wrong with his audio

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in the meantime sharon since we don't we have to get the tax uh clearance uh what do we do

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we're not resuming hearing so right now because this is just a bookkeeping manner i i think this

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can be a hear and hold where when you receive the um the clearance you can vote this very good thank

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you mr goodman

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his mic is open but there must be an audio problem if you wish to move on yeah why don't

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we do it mr crick we'll get right back to you just hang in there try to get the uh technical

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issues worked out with mr goodman get his testimony then we'll be able to vote the case

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understood thank you yep sharon this is sharon saleta there's also the add-on that i did not

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include on the list it is um that you were sent earlier it's mi 2020 001077 3838 aspen street

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this was heard on november 10th last week and the record was left open for the limited purpose of

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receiving the RCO letter and being voted today in the 9.30 session.

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um we actually told mr melvihill that it wasn't necessary to be here but there is um someone here

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We actually told Mr. Melvihill that it wasn't necessary to be here.

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who i believe wants to testify uh it's the woman who earlier spoke up during the continue when you

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were taking continuances um but again this was left open for the limited purpose of receiving

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the rco letter which we did the rco sent it in later that day they took no position thank you

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So if you would like to call this, Mr. Mulvihill is signed on now, but he is also participating in a Court of Common Pleas hearing.

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So if I could, if for this particular case for Justin Crick, Mr. Goodman is having technical difficulties, but he did state that his office has no opposition to this case.

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Thank you. Thank you, Tanya.

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Okay, we'll do this one and then we'll get back to the Aspen.

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uh mi 2020-001228 223 north 44th street my vote is yes my vote is yes excuse me this was going to

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be a hearing hold once you're waiting for the tax clearance yeah all right hold on

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Okay. MI 2020-001228223 South 44th Street is being held pending a certificate, a tax

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clearance certificate. Thank you very much. MI 2020-001077, 3838 Aspen Street.

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Just for purposes of the record, it is 3818 Aspen Street.

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And that was my fault. I apologize. No problem. 3818 Aspen.

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So, Mr. Mulvihill, we'll swear you in, please.

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Identify yourself with the record.

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Of course.

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Leo Mulvihill, M-U-L-V-I-H-I-L-L, 2424 East York Street, Suite 111, Philadelphia, 19125.

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

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I do.

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So, Carol, you don't need to read anything because this is basically a rehearing, correct?

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again the record was closed other than receiving the letter from the rco which we have received

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yes yes so members of the board i'm currently showing on the screen a letter from the mantua

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civic association dated 10 27 20 indicating that the vote was three to three um there was a letter

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of an explanation also attached which we largely went over in the prior hearings but i will share

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that as well so that we all see that maybe i'll try to share it in any case the the two concerns

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that were raised i'm trying to find this letter were related to the proposed third story of the

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building, which is by Wright. And also that was more or less it. Let's see. Hold on. Let's find

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this. There we go. Okay. So we, no, that's not it yet either. I'll just read from it and let's,

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here we, there we go. We got this now. So again, letter of explanation now showing on the screen

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dated October 27, which has been forwarded by Mr. Dwayne Drummond, the president of Manchua

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civic indicating that i presented everything clearly questions that were raised were contact

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with the owners of the adjacent property which i made offer to do and didn't hear directly from

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the adjacent property owner and respect to the dimensions of the property as well there are

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concerns about having a third story next to a two-story structure um and my architect during

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the presentation did her best to explain exactly what processes are taken care of to ensure that

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there's waterproof and water tightness between the adjacent structures um i also understand that

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there's somebody here on the line but frankly this is the third time we're back here i and i object

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to any further hearing at this point because we already had the opportunity to speak

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i asked the record to be closed um any witnesses who had the opportunity to speak previously were

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afforded notice and opportunity to be heard all the community meeting that was held and at the

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prior meetings as well with this board. So at this point, having now received the letters from the

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RCO and having heard previously live testimony from affected neighbors, I ask the record to

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remain closed and we just have this letter and the board take a vote. So noted. Thank you. Yes. All

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Yes. All right. MI 2020-001077, 3818 Aspen Street. My vote is yes. My vote is yes. My vote is yes.

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All right. MI 2020-0010.

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My vote is yes. Thank you, members of the board. Have a great day. You do. Likewise. Thank you.

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Take care. MI 2020-001233, 2926 South Juniper Street.

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one second

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the attorney is engine yes he's coming back in as a panelist

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good morning he's ready chair good morning mr jen please identify yourself for the records by

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your name and i'll swear you in thank you good morning zen jen z-h-e-n-j-i-n 1617 john f

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kennedy boulevard suite 1838 philadelphia pa 19103 here on behalf of the applicant

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you're swearing the firm to tell the truth the whole truth nothing but the truth

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i do please proceed thank you hold on hold on carol and do you agree to waive the reading of

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the refusal and stipulate to its accuracy i do thank you and have you also emailed an exhibit

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packet with the required documents, including proof of ownership, proof of tax compliance,

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a copy of the refusal or referral, photos and or plans of the property five days in

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advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all.

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Thank you.

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You may proceed.

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Thank you.

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May I share the information on the screen?

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Sure.

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Thank you.

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So I'm sharing the information that we provided to the zoning board. This includes the copy of

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the refusal, community letter, photographs, plans, proof of tax payment, deed, and this hearing notice

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for today. The application is best understood from looking at the photographs, but the essential

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refusal here is that my client put a deck that is closer than three feet from a rear property line

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however if you look at the photograph of the neighborhood which really helps clarify exactly

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what the deck is is that he put a deck up that is essentially the same as the decks that basically

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his whole block has and other people have put up similar decks so my client when he installed the

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deck had no idea that it would trigger any violation. He hired someone, he had the deck

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installed. And as you can see, this is the deck from above. And I think the best picture is when

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you look up and down the block, you see that next door neighbor has the same deck. And if you look

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at the other direction, other neighbors from a pullback view, you can see they all have very

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similar deck. As a result, the community supported his application. He also obtained signature

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support from all his neighbors. No one has any objection to his deck because it is in line with

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everyone else's. It is not intruding on anybody's space. It is not causing any negative impacts.

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So we asked the board for a favorable consideration in this request for a variance to allow it to be

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closer than three foot to the rear property line.

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Thank you. Pardon me. Do you have your client?

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Antonio Minetti should be here with us.

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Morning, Mr. Minetti. Please identify yourself with the record.

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Spell your last name and I'll swear you in.

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Hello, my name is Antonio Minetti, M-E-N-N-I-T-I.

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Your address?

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2926 South Juniper Street, Philadelphia, PA, 1914.

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Thank you. Swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Mr. Jin. Thank you. Mr. Benetti, you heard my presentation and representation to the zoning board.

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Can you verify that they're true and correct and adopted as your own? Yes. Thank you. Thank you.

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Any questions from the board? No. No. Would anyone else like to testify in this case? If so,

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please raise your hand. No hands at this time, Chair. Thank you. Planning

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Commission. Good afternoon. This is Paula Brumblow Burns with the City Planning Commission. We have

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no objection to the granting of the variance. Thank you very much. MI 2020-001233-2926

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South Juniper Street. My vote is yes. My vote is yes. My vote is yes. My vote is yes. Thank you.

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Thank you. Thank you. MI 2020-001317, 3101 Cotman Avenue.

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3-1-0-1, Cotman Avenue.

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This is Sharon Saleta.

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I have no record of having received exhibits for this case.

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And I have no hands for this case.

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Oh, one hand.

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One second, Chair.

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Chin, you can unmute yourself and wait to be some morning.

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hello yes good morning please identify yourself for the record spell your name

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my name is gal feng chen i'm owner of the 3101 camera emily please spell your name for us

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g-a-o-f-e-n-j last name is chen c-h-e-n you swear to firm to tell the truth the whole truth

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nothing but the truth yes we understand that the exhibits have not yet been received is that

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correct uh tanya i mean sharon uh first of all i just want to hold on one second please

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um i i have no record of having received them i don't know whether they went to the rco mailbox

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did you set some light on that sir

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oh hello yes i wanted to say my english is not too good so i have my friend to help me

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transpiration a little bit. You were required to send your exhibits five days in advance of the

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hearing. Did you do that? Excuse me, I'm sorry to interrupt. This is Sharon Saleta again. I just

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checked my email and I did receive exhibits at 936 this morning. But I have to continue this case,

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sir. Those exhibits should have been received by five days prior to this hearing. Yeah, I first

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note today when i join the joint meeting because um it's my first time and i don't know how to do

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it when i hear it okay we'll continue the case all right mi2020-0013173101 copman avenues continued

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so sir oh i'm sorry yeah so sir just so that you are very clear the documents that are going to be

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emailed out is a new poster and documents that explain to you how you will proceed with the

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hearing that should come to you and you have to make sure you read it and send your documents to

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the appropriate email addresses if you have any questions you can always email the rco box with

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your questions okay yes all right thank you thank you tanya you understand sir okay uh can i just

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ask to continue to win that information will be emailed to you you'll get a date and follow just

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follow the instructions and you'll you'll have a hearing okay okay okay thank you mi2020-0009744224

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brown street we have a lee lee you can unmute unmute yourself and speak wait to be sworn in

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i'm sorry actually no no is there a representative for this yes it is okay who's that person

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uh that should be yusef uh and he should be on the line

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okay so we have no hands up at this time you said put go on you speak who is speaking now

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this is the expediter

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so um lakisha you can promote youssef mr lee we will unmute we will meet you back

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and if you want to present then you let us know i'm in okay sir please identify yourself spell

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your first and last name. My name is Yosef Yamane. I spell my last name Y-E-M-A-N-E.

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Your first name? Yosef, Y-O-S-E-F. And your address? 612 Cypress Lane,

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Morton, PA-19070. Thank you. Swear and affirm to tell the truth, the whole truth and nothing

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about the truth? I do. Please proceed. Yeah, this is about the property located on... Hold on one

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checking my fault carol this is not an attorney so they don't have to waive and stipulate right

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are all the documents in in the exhibit packet with proof of ownership tax compliance refusal

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referral photos and plans of the property five days in advance of this hearing have you met with

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