civus
Hearing video

ZBA Hearing - October 5, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 5, 20213h 40m

i see no one by that name chair you anyone else all right anybody else

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raise your hand virtually that please now's the time you want to testify

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Chair, we have someone by the name of Sidnor.

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Mr. or Ms. Sidnor, you can unmute yourself and wait for the chair.

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Hello. Hi, Mr. Sidnor, please spell your full name.

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Yes, my first name is Giannis, Y-U-H-N-I-S, last name Sidnor, S-Y-D-N-O-R.

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

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Yes, I do.

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Thank you. Please proceed.

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Good afternoon, Mr. Chair, members of the board, and those parties that are on the phone.

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I am a lifelong community resident of Philadelphia, West Philadelphia.

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I am a homeowner, and I am calling in complete opposition to this program.

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I'm not a developer with 18 properties or 42 properties.

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I'm a homeowner that lives next to older neighbors.

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So Mr. Sidnor, maybe I missed it.

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What is your address?

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4013 Spring Garden Street.

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Two blocks.

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Two blocks?

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Yes.

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Okay.

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Thank you.

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Please proceed.

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As I said, I'm not a major developer.

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I'm a homeowner.

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And speaking with other homeowners, I'm here as my representation to say that

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I vehemently oppose the project. One, of the health concerns. Two, of what, in my opinion, what I feel will happen, based on what I've seen, will become a great migration of folks from Center City and other parts of the city to West Philadelphia.

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I applaud what the ministry is doing. However, with the variance, I cannot see how it will enhance the residents and the community. I just cannot see it.

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So I want to just make a statement with regards to the distance of people lying in the bed.

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I'm a crazy sleeper.

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That's me personally.

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I'm sure many of you all can understand.

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Sometimes I'm at the head of the bed.

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Sometimes I'm at the foot of the bed.

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With regards to this distance of people in the beds, are you going to chain the people

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and police them as if we're on an airline that you have to keep your mask on?

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them as if we're on an airline that you have to keep your mask on will they be police to say oh

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will they be

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no you got to get up and turn to go the other way i just think there are too many variables that are

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involved one i'm concerned about the safety i'm concerned about the safety with regards to the

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people leaving early in the morning where do they go so with that being said i know we're at a heart

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up at 12 30 i'm just sharing my opposition and please understand that i do support what they do

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but not in this fashion thank you anyone else

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oh i'm i am hearing that gwen lewis i'm sorry mr chairman i am hearing that gwen lewis is on the

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zoom and has her hand raised. I don't know.

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Chair, her hand is up

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now. Okay. Thank

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you. Ms. Lewis,

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you can unmute yourself and wait for the

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chair. Ms. Lewis, please spell

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your first and last name. And I'll remind everyone

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it is 1218.

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Gwendolyn.

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Ms. Lewis, please spell your

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first and last name. Gwendolyn.

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G-W-E-N-D-O-L-Y-N

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Lewis, L-E-W-I-S.

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Where are we from to tell the truth, the whole truth, nothing but the truth?

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I confirm.

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Please proceed.

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Yes, thank you.

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Thank you for allowing me this opportunity to speak this morning.

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On behalf of our community, on behalf of our congregation, on behalf of our pastor, I thank you.

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I have worked with Chosen 300 and the pastor and my late husband, Bishop James H. Lewis, on projects in the past.

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And I commend him on the work that they have done in the community and feeding the homeless on Mondays and Wednesdays and Friday evening and on Sundays.

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And it has been a challenge in doing that.

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it's been a challenge to our church when that um work ends when they lock their door

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they come to us and we work with them but this what you're trying to do is going to be a tremendous

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challenge and a burden on the community it's going to be a burden bringing 40 strange men

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into our neighborhoods into that community with children and women single women and children we

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have a daycare that's directly across the street from us when you allow them to come because i was

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at the first meeting um with pastor when you were sharing with us about this vision you had

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and at that time you did not have an a vision of what was going to happen with them when they were

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going to leave in the morning where would they go what's going to happen with them the only thing

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you had was sleeping quarters for them and then in the morning they're going to roam the community

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we don't know them they don't know us now i have been injured by australia i was injured i was

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hit in my head i had to go to the police station i'm not saying that they were part of that

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but we don't know who they are we don't know who's coming in our community we've been there for 40

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years in that area we know the people there we don't know who's coming we're already dealing

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with a crack cocaine problem we already know who we have we don't know who's coming

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and i plead with you on today don't do this to us let us work what we have we had two months ago

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a man that was killed at 9 30 in the morning pardon excuse me the interruption but stick

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to the facts about this particular project okay crime crime crime happens pretty much i know but

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We know what we have.

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We don't know what we're going to get.

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Don't bring it to us.

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Don't bring it.

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We don't want it.

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Please.

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We're begging you.

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Don't bring it to our community.

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Thank you.

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Anyone else?

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I've already called all my witnesses,

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Mr. Chairman.

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Mr. Pressman, any closing statements?

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We are running out of time.

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I don't mean to rush you,

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but we have standards.

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I'll be brief as well.

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Thank you, Mr. Chairman and members of the board. I just want to say that there's also been submitted additional letters in support and in opposition by both parties. We want the board to acknowledge them in the record and give them due consideration.

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I want to thank everyone for their time. And I want to stress that the property in question here is providing valuable service to the community. These individuals are already in the community. It's not a magnet. They're giving the services already to these individuals in the form of food.

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I want to thank everyone for their time.

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They're going to select people that meet the criteria to have overnight housing to transition them from homelessness to a position where they'll be able to sustain themselves going forward.

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That's the mission here in a nutshell.

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There's not an overburdening of the neighborhood.

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You heard from the planner.

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And there's a definite community need.

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The homelessness are already in West Philadelphia.

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We're not creating these homeless individuals.

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individuals. All of the concerns that were addressed by the RCOs and the members were

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addressed by Mr. Jenkins in a direct response back in June of 2021. And no one's come here today

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to criticize any of those proposed criteria that he is elected to put forward. He's also willing

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to do a proviso that would limit the usage of this facility during the winter months of October to

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april and that was something that was requested we tried to enter into negotiations with opposition

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but it didn't lead to anywhere but we're willing to live with that proviso there was nothing here

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today that was presented on the opposition side with regards to would overbearing that

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would meet a standard to deny this variance i want to thank the board for their patience

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today in the testimony and the former hearing in June of, in June of 2021. Thank you, Richard.

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Briefly, Mr. Chairman, thank you. I would only respond that it's the applicant's burden to prove

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unnecessary hardship. That has not been proven. There is an existing and operating use. Current

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COVID issues and restrictions are not hardship. It's everything. It's something that all of us

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i've had to deal with it does not in and of itself create a hardship to the building

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it has an existing use we can use the basement for that use if he so chooses it's his choice not to

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i would also just understand the councilman's position i do question the choice of a

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coordinating RCO that is homeless advocacy group i think it would have been better served by having

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one of the other RCOs do that you have three letters from the other RCOs in opposition i want

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to make sure you consider that. I won't read the bishop's letter into the record. I'd ask you,

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though, to acknowledge it. He's within the same block. The applicant did admit that they do have

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a house of worship at the site. They also admit that they are raising money in anticipation of

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receiving this variance. That is the epitome of a self-inflicted hardship. Mr. Chairman,

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the use is already there. It's already existing. Nobody's upset with a house of worship at this

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location but having 40 homeless individuals in very few windows in a basement with insufficient

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bathrooms is a detriment not just to the community but to them and it's very inappropriate for this

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community he has not established to cut him into a use variance which is the highest legal standard

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he already has an existing use thank you thank you any questions from the board no mr chair

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no mr chairman no all right uh i'd like to propose that the record be closed

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and the board will discuss it at tomorrow morning's executive session

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at which time to render a decision uh excuse me chair this is you got to go to the add-on

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yeah i'm sorry thank you actually and just to clarify the board will confer an executive session

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and vote the case at the beginning of the 9 30 session but yes since all members are here if we

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could go to the add-on. Thank you. Thank you. I know I mess that up all the time. Thank you for

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your time. Have a good day. Thank you. All right. MI 2020-002708, 635 West Alany Avenue.

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We had a vote on this. Carol and Tom voted yes. Jim and Confessor voted no. We're re-voting it now.

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my vote is yes. Carol Tenere, my vote is yes.

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Professor Plaza, my vote is still no. James Snell, my vote is still no. Thomas Howard,

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my vote is still yes. Okay, thank you. I believe that completes the 9 30 list.

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Does anyone feel that they've not been recognized? Please raise your hand.

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hey chair this is time here did we number 10 did we dismiss that

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hold on a minute yeah i'm sorry my mistake i apologize tanya is that what you were going

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to remind me of yes chair madam vice chair handled it thank you thank you my am i 2021

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Thank you. MI 2021-000332, 906 East Shelton Avenue. Is there anyone here for 906 East

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Shelton Avenue? Chair, we have someone by the name of Colford Williams with their hand up.

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mr williams please identify yourselves by your full name um call ford williams c-o-l-f-o-r-d

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w-i-l-l-i-a-m-s to tell the truth the whole truth and nothing but the truth

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yes sir your business please

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are you are you here for 906 east chelton avenue yes sir

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state your business

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um it's 906 um east shelton avenue is this your property um yeah yes do you have this is the third

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listing yes sir do you have any exhibits yes my wife gonna also speak

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jacqueline williams i'm sorry chair this is tanya may i interject please

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um mr williams may i ask uh if you're representing yourself or are you using an attorney

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um i'm representing myself okay so did you submit exhibits that was required five days prior

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to this hearing via email to the board and sharon salata the attorney yes madam

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and you did send that yes madam i'm not seeing it sharon do you see any evidence of that

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I do not. I will check again, but no.

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Ms. Sunkit, could your staff possibly check as well? I will look for it now.

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Yes, Mr. Jason Hand, could you check for that, please?

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Chair, if you would allow, Mr. Dennis Lee, who is the expediter, has his hand raised.

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Could he just speak to if he was the one who sent the email?

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yeah uh but before we get to that mr williams are you an llc or a non-profit

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um a non-profit you're a non-profit then you must be represented by an attorney

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excuse me chair is the if you submitted a deed does the deed show who is shown as the owner on

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the deed as is my son antonio williams i'm sorry you can't go forward we can't go forward

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No, I have an affidavit with him that I can support, I can present him.

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No, I'm sorry, you cannot.

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It has to be either the owner or an attorney for the owner.

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Mr. Lee, let's get Mr. Lee on.

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Hopefully he heard what was just said and he can advise his client.

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Mr. Lee.

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And Chair, this is Tanya again, the administrator, just to mention that the wonderful ZBA staff

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stated that the documents were emailed

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for Sunday after 5 p.m.

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Not enough time.

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Mr. Lee, please spell your full name

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and I'll swear you in.

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Okay.

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Dennis Lee, D-E-N-N-I-S

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Lee, L-E-E

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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I do.

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Mr. Lee, I believe you may have heard

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just the transaction that went on between all three of us or four of us. Your client needs to

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have his son testify. And if it's a nonprofit, they need to have an attorney represent them.

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Right. It is not a nonprofit. It's a single owned. I do want to say that the reason why

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the lateness of the email was that we were going back and forth with the RCO to get the summary.

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and the summary uh if you can staff can verify that even as late as sunday there was a correction

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to the rco um and we just we had just met that again like you said it was uh it was a third time

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we had just met on september the 28th and that was the the reason why there was a delay all right

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