civus
Hearing video

ZBA Hearing - May 12, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 12, 20214h 52m

And that's Verne, V-E-R-N, like November.

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Wow.

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Yes.

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Okay.

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Yeah, I was just spelling for the.

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Okay, for the court reporter.

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Yeah, but I guess we're good.

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Does the court reporter need that spelled?

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No, I do not. Thank you.

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Thank you.

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Okay.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Thank you. So this is...

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Mr. Aestasio, can you hear me?

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Yes, I can. Can you hear me?

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Yes. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Okay, have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, photos and or plans of the property, five days in advance of this hearing, you met with the RC, and do you have a letter?

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Yes, to all of that.

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Thank you. You may proceed.

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Thank you. So this is the subject property. It's right on the corner.

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there's the side of it previously this lower level was a doctor's office approved by the

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zoning board of adjustment and then there are two previously approved apartments above we are

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simply dealing with this first level the application is for personal services nail salon

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here's the interior as it exists it needs considerable amount of work which my client

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is willing to do. There are two parking spots that come with the property. One of the provisos

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that the RCO had asked for was that we make these spots available to clients of the personal

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services center. And of course, we agreed to that. In exchange, we were able to receive a letter

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of non-opposition which is here not opposed with proviso and again it speaks to the available

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parking spots excuse me this is Sharon Mr. Anastasio can I ask because this is the there

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are existing two residential units was parking required for those units and concerned with so

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would this generate another variance? Parking was not required with those because the application

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was not for, the previous application did not speak to parking at all. It was just use.

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Okay. Thank you. You're welcome. And the variance that was granted was in, I think that says 19,

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yeah, 61, was actually for the doctor's office. The two-family dwelling was already in existence.

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okay thank you and you've met with the mayfair civic association and the 64th democratic board

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there's a letter of non-opposition i met with mayfair and i believe the other rco was

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included in that but we have a non-opposition with provisos as this shows

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okay does the board have any questions no I have my client here no if I could get her to

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uh to uh just adopt my testimony absolutely thank you I appreciate that Judy could you raise your

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hand she's been allowed to talk

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it's right here here hello are you there judy yes yes i'm here thank you did you hear my

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presentation to the board this morning yes and is it true and accurate to the best of your knowledge

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and is it true and accurate to the best of your knowledge yes and do you adopt it as your own

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yes and do you adopt

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testimony uh-huh thank you very much okay i'm sorry this is sharon can i interrupt for one

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more minute um i'm only concerned that if the board adds this proviso that the existing parking

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spaces will be made available to clients of the business are those the existing parking spaces

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have they ever been approved are they legal do we know

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if they were approved it was prior to 1961 and everybody parks back I mean it's a there's a

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shared driveway so it appears as though they were at one point legalized although they don't speak

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to it in any of the history on Hanson or Atlas okay so if the board adds that proviso it's just

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with the understanding that you may have to legalize those spaces understood thank you okay

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judy are you still on yes do you swear if i'm to to tell the whole truth and nothing but the truth

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yes okay um planning commission we get her spelling as well

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sure judy your name can you please spell your last name yes j-i-a-n-g down

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C-U-I, J-I-A-N, Kui Wan, Kui Wan Jiang.

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Address 3461 Common Avenue, PA-19149.

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Thank you kindly, Madam Chair.

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Thank you.

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Planning Commission.

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Good morning.

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David Fecto, City Planning Commission.

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Madam Chair, members of the Board,

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The comprehensive plan recommends this property for residential single-family use.

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However, the other three corners of this intersection have commercial uses.

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We recommend that the board grant the requested variance.

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Thank you.

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Is there anyone else in the audience who would like to speak on this case?

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If so, please raise your hand.

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Madam Chair, I have Mr. Ernest Garfield with his hand raised.

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at least I will allow him to speak at this time.

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Thank you.

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He's available to be sworn in.

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Thanks, Tanya.

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they've hit my car mr garfield can you hear me yes can you put your name and address on the record

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please and spell your last name yes can we also is can you tell us which property this is for

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because i have my neighbor on the line and he's trying to get 3461 copman avenue no we're not

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here for copman we're for bremar which mr istagio is the uh attorney we're just confused as to

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whether or not it's been continued or not it was continued okay thank you so much so how many

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thank you tanya

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so is there anyone else here on a 3461 copman avenue if so please raise your hand

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do you know further hands at this time madam chair okay calendar number one eight three six

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thirty four sixty one cotman avenue my vote is yes my vote is yes my vote is yes my vote is yes

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thank you

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wow

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that

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completes

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the 930 hearings

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is that correct board

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believe so

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wow okay

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I will see

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I know I will see

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everybody back I know

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I will see everybody back at 2 o'clock

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you got it

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See you later.

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Thanks, everyone.

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Yes.

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Good afternoon.

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My name is Carol Tenere.

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Wait, am I muted?

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No.

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Okay, good afternoon.

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My name is Carol Tenere, and today for a while,

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I will be the chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with Board Secretary,

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confessor plaza and board members thomas holliman and james now board administrator

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Jason Hand is in attendance, and Board Attorney Sharon Saleta is also in attendance.

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jason hand is in attendance and board attorney sharon saletta

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through

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some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that

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by participating, you acknowledge your agreement to be recorded. This is also available to the

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public on the web and otherwise. 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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To enter an appearance statement, call 267-270-5548 and leave your email address and address of the property at issue.

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Again, if you wish to testify, you must raise your hand by hitting star 9, then star 6 to unmute yourself.

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to enter an appearance statement call 267-270-5548 and leave your email address and address of the

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property at issue fourth the q a box is not for testimony any comments are to be directed to miss

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tanya sunkett period okay are there any requests for continuances

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if there are and you're in the audience please raise your hand

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madam chair this is sharon i believe there was one continuance at least that you were

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going to read into the record that was previously requested is that number nine

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15th Street

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Ms. Saleta

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I'm going to read what I do have

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it's calendar number 3251

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400-18

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North 15th Street

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this case is continued

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are there any other requests

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for continuances

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If so, please raise your hand in the virtual room.

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Good afternoon, Madam Chair.

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Ms. Catherine Missimer has her hand raised.

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I will allow her to speak at this time, if that is okay.

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It is okay.

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I just continued her case, but sure.

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Hi.

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Catherine, can you put your name and address on the record and spell your last name?

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and i'll swear you in it's katherine misamer m-i-s-s-i-m-e-r 1835 market street suite 1400

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19103 and you're you're on because of uh calendar number three two five one four hundred dash 18

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north 15th street that case was just continued that is my case but the address should be fifth

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street rather than 15th so i just want to confirm that okay i'll call it out again calendar number

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3251 400-18 north 5th street is continued great thank you thanks listener i apologize that has

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to do with my typing skills not visions no problem i just wanted to make sure we were talking about

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the same case she's so good at being a lawyer she makes these minor mistakes thank you sure

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are there any additional requests for continuances or withdrawals please raise your hand

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madam chair a missed wait she had her hand this person had her hand raised but then it

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was put down for some reason.

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Okay.

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Someone else, Ms. Debra

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Silvera has her hand raised. I will

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allow her to speak at this time. No, she doesn't need

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to speak.

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Okay.

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Thanks. Thank you. Debra, you can reach out to me if you need

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to

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by Q&A.

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But that's our interpreter.

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We're only doing continuances right now.

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Okay.

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The next person I have up is Ms. Penelope Long with her hand raised.

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Okay.

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I'm sorry, Chair Penelope, are you here for a continuance?

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Hi, can you hear me?

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Are you here for a continuance?

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i'll be honest i'm not sure what that means i am okay so we're going to ask a question you can do

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I'll be honest, I'm not sure what that means.

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Okay, so we're going to ask a question.

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it in a q a we're only doing continuances right now sorry what does that mean thank you chair we

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can move forward okay so i'm going to start with the um first case which is an add-on calendar

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number madam chair if i could suggest that um one of the reasons the cases were delayed

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was so that all of the board members could be present if we are expecting um Mr. DiCicco to

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join us later in the session you might um hold the add-ons until that time

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um I think I can go forward okay thank you okay

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calendar number 0760 1415 north 7th street my vote is no

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my vote is no voters no my vote is no

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and calendar number 2481 3948-50 west gerrard avenue

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my vote is yes my vote is yes my vote is yes my vote is yes and just to be clear that is yes to

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reconsideration and rehearing yes that's right thank you um yes yes to reconsideration and

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rehearing yes to reconsideration and rehearing yes to reconsideration and rehearing yes to

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reconsideration and rehearing.

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Okay.

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Calendar number 0870

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1209 Snyder Avenue. The attorney is

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Michael Phillips.

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Mr. Phillips has been promoted to

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panelists.

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Good afternoon, Mr. Phillips. Hi. Can you put your name and address on the record and spell your last name and then I'll swear you in?

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Sure. Michael Phillips, P-H-I-L-L-I-S, 1500 Market Street, Suite 3400, Philadelphia PA 19102.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, copy of the refusal or referral, photos and or plans of the property five days in 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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