civus
Hearing video

ZBA Hearing - October 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20217h 13m

But I think we had more than a handful of meetings, including a few at the Nest, one up in an office owned by Temple.

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I'm not sure who that group was. And then we did have an in-person hearing, if I remember,

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and then we had a video hearing. So this has been around for a while, and it's not like it's a rush

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to judgment. But again, we're willing to meet anywhere, anyplace, anytime to accommodate

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your interest. But this is, in our opinion, it was at the time of the presentation in

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Ms. Van Story's RCO. She was the organizing RCO. We had a couple of meetings, and that was the

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process. And her letters in the record, as well as Reverend Nash for his RCO, and also I guess

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there was some opposition from people who live in Yorktown.

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But it wasn't because they didn't know.

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It was because they were opposed to it.

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It's not like people didn't know what was happening.

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My recollection is they knew.

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And I think the council president's office

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made sure everyone did have knowledge of what was going on

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and did have a chance to have input into it.

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Okay, I thought the reason we were here today

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was to listen to neighbors from yorktown there are no neighbors here from yorktown mary jones

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isn't here does the board have any questions um chair if i can just put on the record no no

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questions ms jones did intend to be here but um for circumstances that were beyond her control

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she could not be okay um no question but no one is here from yorktown which is a little upset

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on. Okay, Ms. Saleta, do I ask Planning Commission again? No, I don't believe that's necessary unless,

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well, do you know what, let's ask if there has been some change since the last position was put

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on the record. Well, they did revise their position from opposition to non-opposition.

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That's correct, based on revised plans, and if they could just confirm that that is still their

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position. Okay, Planning Commission. Thank you, Chair Tonari, Ian Hegarty for the City Planning

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Commission. I'm here just to confirm that the Planning Commission recommends that the variance

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be granted in accord with the letter that was submitted to the board and placed on the record.

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Thank you. I'm just writing all that down. Calendar number

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Excuse me, ma'am, you keep saying that there's no one from Yorktown here, but I am from Yorktown.

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I know, and we have been listening to you, and you and Mr. Primavera have been speaking to each other, and he's more than willing to meet with you after the vote.

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I was supposed to hear from many residents from Yorktown, and no one's here today except for you, and thank you for coming. I appreciate it.

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Is there anything else you'd like to add?

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No, I just really wish that prior to everything, I wish they would have came and spoke with my community.

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I really do.

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Because as he said, yes, it is an insult to speak with a community that you're going to be building in after the fact.

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So that's all I have.

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that's all i thank you so much miss dukes calendar number mi-2021-002671

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1451 north broad street my vote is yes

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1451 North Broad Street. My vote is yes in accordance with the letter that we received.

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Ms. Saleta, I think I hear you. I'm sorry. Madam Chair, if you could hold the vote in order for us

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to be sure that everyone has seen everything required. I'll object to that. We've had plenty

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have noticed we've had a full presentation uh this was supposed to be a technicality so i i say

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the vote should go forward okay if the board wants to go forward with the um yes i'm ready to vote

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i'm ready mr primavera what how many pages to your plans uh i have a proviso letter which i'll read

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and it's in your record and it says the variance is granted as per proviso in the form of a revised

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plan from Cecil Baker & Associates dated June 18, 2019. The decision is in accordance with

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our prior vote of January 21, 2020, granting the same relief as per this proviso.

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Interesting on that, Mr. Primavera, but what we need for them to vote is the revised proviso

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completed form and it's in your record yes and i i sent it before it's okay this is what happened

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a year ago i i was jumping up and down i had it i had everything in the record i understand the

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verification from the architect that there were no additional refusals uh it's all in the record

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i understand your i understand your frustration i was only going to suggest that it be done next

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week oh no i've been there took a year with the record closed okay okay just tell me how many

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pages then they're stamping they have to say that in the decision let's see what it says here

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and miss the letter if you can give me the proviso it's getting longer and longer

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it's in accordance with the letter no it will just be as per revised plans i just you just need to

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know the number of pages from mr primavera uh let's see so i'm not mentioning cecil baker

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No, you're not doing any of that. Okay.

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It's two pages

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dated 618-29. It's sufficient to say two pages. If you could just send me,

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if you haven't already, the plan, the form, the completed form, and the plans to be stamped as

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two separate pdfs that's correct i will do that thank you okay i will start over calendar number

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mi-2021-002671 1451 north broad street my vote is yes and including revised plans consisting of

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two pages stamped today.

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Fursa Plaza, yes, with proviso.

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James Snell, yes, with proviso.

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Thomas Howellman, my vote remained no.

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Thank you, and I'll submit that material today.

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Thank you, does that complete the 930 hearing?

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Yes, Madam Chief.

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Okay.

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thank you thank you sure thank you see everybody at two

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just for the oh good afternoon everyone i apologize for the delight my name is carol

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tenere i'm the vice chair of the zoning board i'll be participating in today's hearing along with

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board secretary confessor plaza and board members thomas holloman and james snell

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board administrator tanya sunk it tanya sunk it and yvette benton is that correct jason hand

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i just asked that um jason hand um and board attorney sharon saletta is in attendance as

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well as tanya sunk it for those of you who who have not participated in one of our virtual

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hearings i'll go through some of the basics of what you can expect first we will be administering

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oaths to individual participants prior to their testimony. Second, we'd like to advise everyone

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that this proceeding is being recorded and that by participating, you acknowledge your agreement

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to be recorded. This is available to the public by contacting Tanya Sunkett at tanya.sunkett

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at philadelphia.gov. Third, for anyone participating by phone, if you wish to testify,

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You must raise your hand by hitting star nine, then star six to unmute yourself.

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then star 6 to unmute yourself. That's star 9, then star 6 to unmute yourself. To enter an

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That's star nine, then star six.

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appearance statement, call Google at strike that call 267-270-5548 and leave your email address

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and address of the property at issue. The number again is 267-270-5548. And fourth,

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The question and answer box is not for testimony.

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Any comments are to be directed to Ms. Tanya Sunkit.

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And now I just want to check to see if we have any continuances that we have.

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MI-2020-002576 4432 Wingate Street.

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attorney moving party continuous requested by the attorney is there anyone who objects to that in

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the virtual audience madam chair i see miss angela geiger with her hand raised i will allow her to

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speak at this time thank you mr hand and miss geiger put her hand down i'm sorry mr richard

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pressman had his hand raised mr pressman please unmute yourself if you wish to speak to this

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continuance mr pressman are you there yeah my hand was raised because there was a freeze on

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the screen i have no comment on this uh continuance i'm sorry that's okay um the next continuance

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Assuming there are no other hands up for number 11, which is Wingate Street.

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The next continuance is MI-2021-002575, 8501 Hegerman Street.

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Is there anyone in the virtual audience who would like to speak on that?

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I see no hands, Madam Chair.

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Okay. Are there any other requests for continuances?

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Mr. Justin Crick has his hand raised. I have allowed him to speak.

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Okay. Mr. Crick, can you put your name on the record and spell your last name, and then I'll square you in?

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Yes, Justin Crick, K-R-I-K, 1500 JFK Boulevard, Suite 630, Philadelphia, Pennsylvania, 19102.

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Do you swear for him to tell the whole truth and nothing but the truth?

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I do.

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Okay, you may proceed.

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Thank you. Madam Chair, I am here on matter number MI2021-002581.

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The address is 1528 North Bailey Street, and I represent the applicant.

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I am requesting a continuance, minimum 60 days, as we met with the RCO, did not have their support, and we believe that some revised plans may be helpful in that effort.

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Okay, there are also no exhibits. Is there anyone here to object to that?

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this case mi-2021-002581 1528 north bailey street is continued thank you very much thank

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you is there anyone else requesting a continuance

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mrs tina marie russell had her hand raised i will allow her to speak at this time

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okay hi tina marie russell are you can you spell your last name and i'll swear you in

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sure t-i-n-a-m-a-r-i-e-r-u-s-s-e-l-l do you swear for him to tell the whole truth and nothing but

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the truth i do thank you you may proceed yes the um property owner and a attorney for 25 14 north

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17th street okay i'm sorry i'm still on the wrong one sorry i'm on the wrong one again

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i'm getting near you're you'll eventually you'll get to the 330 case i have to see you again for

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to for for an approval i want to i'll see you in a few minutes though for another one okay but thank

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you okay thank you is there anyone else requesting a continuance

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Mr. S. David Feynman, with his hand raised, I will allow him to speak now, ma'am.

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Mr. Feynman, can you hear me?

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Yes, I can. Can you hear me?

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Okay. Yes, I can. Let it look clear.

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Can you put your name on the record and spell your last name and I'll swear you in?

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and spell on the record and spell your last name and I'll swear you in.

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S. David, F-I-N-E-M-A-N.

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S. David.

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Market Street, Philadelphia, PA 19103.

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Okay, do you swear to tell the whole truth and nothing about the truth?

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I do.

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Madam Chair, this is Sharon.

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Before Mr. Feynman speaks, this is about the first case on your list.

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Could you also promote either Carl Primavera or Steve Bertil, depending on which of them is here, and Maggie White, because they may want to have some input on whether a continuance will be granted.

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Okay, great.

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We have not sought a continuance here.

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My understanding was that the city was seeking a continuance because the city's principal witness was not going to be available today.

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Madam Chair, there was some back and forth between all the parties involved as to whether this would go forward today.

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the city initially requested a continuance because one of their witnesses could not be here.

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There was then a discussion again back and forth as to whether the hearing could begin today with

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an understanding that there would be a resumption hearing and whether that would be preferred as

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the way to proceed over simply continuing and trying to have the matter heard on one hearing

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date. Is that your understanding too Mr. Feynman? Yes there was a back and forth about it. Our

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our position is that this matter could be heard at one time and we think it's appropriate to be

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heard at one time my understanding is mr primavera has another view of it and in the city's view

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was that they didn't care but under any circumstances the board is not going to be

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able to hear this matter today in its entirety okay mr primavera are you somewhere yes

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Yes. Can you hear me, Madam Chair?

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Yeah. You're already sworn in. Just put your name on the record and spell your last name.

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Yes. Carl Primavera, P-R-I-M-A-V-E-R-A. Madam Chair, members of the board,

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I represent the property owner that was issued an as-of-right permit. This is an appeal by

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Mr. Feynman's office on behalf of Protestants in the area. We have an expert, Janice Woodcock,

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as well as our architect to explain why the permits were issued and why it was correct.

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We believe that this is the kind of case that if we could even get halfway through it today

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and then have a resumption, it would be better than putting it back

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and then having a long hearing that may not get completed in one shot.

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So we're prepared to go forward with as much testimony and time as the board will allow.

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clearly with the understanding that whatever we don't finish plus with the city's reservation of

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its right to call its witness will happen in a resumption. There's a priority of time for the

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project because of the whole issue regarding debatements and permits and the appeal was filed

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in May so we've been anxious to have this hearing and it was only I guess a day ago or so that we

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heard that there might be a problem with the city's witness. Ms. Saleta is there a problem

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with the city's witness? Yes they cannot be here today so today would if you go forward today it

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would be with the understanding that the hearing could not be completed that there would have to

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be a second hearing date. I don't know whether this would be helpful to the parties but Ms.

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Sunkett would you be able to advise as to what the date would be for resumption hearing date

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as opposed to a continuance date

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or if that would be the same date?

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So the resumption hearing date for this

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could be January the 18th.

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And a continuance date would be in the February.

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Yeah, the city's requiring that we put up

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hundreds of thousands of dollars in permit fees

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in order to move forward with the abatements.

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and we don't think that this is something that needs to be delayed nobody would be prejudiced

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and my suspicion is that given the fact that I have two witnesses the city has at least one

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and Mr. Feynman will have several it's not the kind of thing that would be done in a half hour

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anyway so if we were to put it back we'd probably end up having it resumed from the continued date

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So if you give us at least a half hour, 45 minutes today, we can wade through as much as we can and we'll be.

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a half hour 45 minutes today we can wade through as much as we can and we'll be

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as brief and as focused as possible and then it'll get continued uh hopefully as soon as possible

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but we at least have something for our effort today um miss saletta would brief opening statements

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today be acceptable um i'm sure it's your call how long you would i would suggest that the party

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start with brief opening statements and then the um call is whether mr primavera can go forward

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as as suggested presenting the witnesses that he has available today and then the understanding

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that there would be a resumption hearing and in either way the resumption hearing or the continuance

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is in 2022 that's correct um so this is tanya the zba administrator madam chair

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As you all wish, we could come up with a compromise of maybe trying to do a two-hour special listing at the schedule of the board.

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It's your call.

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And my fear is that you have so many specials, and I'm probably to blame partly, that that would basically put its way behind the eight ball as well.

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tanya could you come up with a tuesday that we could hear this as a special not necessarily a

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tuesday madam chair for working with you guys offline i can come up with a special date

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that will still keep them within 2021 yes chair and it can be a completed case

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you know i i i truly believe that the case will be resolved or the case you'll be able to hear

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the case within a two-hour period of time, if not less. Although I can't, I shouldn't say that

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because I don't know how long Mr. Primavera's witnesses are. Our case is quite frankly very

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short. Okay, Ms. Sunkett, I'm going to depend on you to come up with a date. Today I'm going to

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