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Hearing video

ZBA Hearing - July 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20206h 57m

Okay. Anyone else on the line, Tanya? We have someone with the number ending 845. If you wish, you can unmute yourself and testify.

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Good afternoon, members of the board. My name is Veronica Holman, and I'm temporarily filling in as RCO for Tioga United. Do you want me to spell my name?

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yeah please um veronica v-e-r-o-n-i-c-a holman h-o-l-m-a-n

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and you swear and affirm to tell the truth the whole truth and nothing but the truth

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yes i did thank you please proceed ma'am okay um phila howard was the rco um with tayova united

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but she is no longer with us.

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Charisma Presley is now our new RCO,

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but is not able to be here due to a major medical emergency in her family.

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Tioga United RCO is asking for a continuance to ensure neighbors are properly notified

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and has the opportunity to ask questions and voice their concerns, if there are any,

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especially since there is a new multi-unit structure under construction next to this proposed unit.

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Are you suggesting that there has not been an RCO, or you need an additional RCO meeting?

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An additional so the community can come out and voice their concerns.

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Well, didn't they have that opportunity with all due respect?

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because the person that was there before we really don't know what all um took place i

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don't remember this i haven't been with them for long but i don't remember this happening

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david could you address that briefly please yeah sure um i mean there's a couple things um

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everybody when 1708 and 10 went through the process everybody was aware of 1718 as well as

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many of the other um projects that we've brought for this community before this board it wasn't

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just coming in piecemeal in fact there were some there you know we originally tried to do it

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collectively as one large lake which overall scattered sites project is what we were calling

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it um so everybody and in fact their letter from june 25th if you see right here where i'm pointing

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my pointer the developer presented the rendering of the already approved 34 unit building at 1718

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west tayoga handed out floor plans with rendering of the proposed 60 unit building at 1708 and 10

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west tayoga so it's clear that at the meeting that they had back in 2019 that they everybody

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knew about 1718 it was on the table they known it had already been approved um we did the mailing

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to everybody that we were required to do the mailing uh and everybody came out i think you know

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because there's a change in leadership uh and particularly at this late point i mean i would

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have really appreciated no offense um but i would have appreciated the contact sooner than the day

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of the zoning board hearing to let us know that there was a need for even a desire for another

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meeting we very well could have complied in some way even if it was remotely or virtual but I think

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complied in some way even if it was remotely or virtual but i think it's very late in the process

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it's very

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to do this i will say my client is going to come back before this group and other groups up in the

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area for other projects he has created and cultivated a very good relationship with people

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in the community and wants to keep doing that i think that he will continue to have an open ear

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and a dialogue with this group and other groups and if they want to have a meeting afterwards to

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talk about it i'm anthony i hope you don't mind but i'm volunteering your time um to go there

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and uh speak with i want to interrupt you i would also suggest if you do that that you contact mr

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richardson oh yes councilwoman's office and let her know that you're you know willing to have

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further discussion but we're not going to continue this case all right okay uh anyone else no chair

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i saw you can continue thank you any questions from the board

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planning commission i know you made an earlier statement anything else you need to add

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we have no further comment thank you calendar number three six nine seven eight one seven oh

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eight tayoga street my vote is yes and they were proviso we've got revised plan yes sir how many

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pages one page revised plan one page and that was the other proviso maximum 50 units i mean that's

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in the revised plans that's in the plan okay my vote is yes with revised plan one page stamp today

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yes with proviso yes with proviso thank you all does that conclude the uh 9 30 session

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yes all right you made it at 113 you said to 115 right yeah right you get points

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if i didn't if i if i didn't cut you short you would have went over oh no i was watching the

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all right uh we'll see everybody at uh two o'clock tanya yes chair thank you thank you everybody

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appreciate it yeah she's on I think oh yes I'm here thanks Charisse you're

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welcome are you ready yes thank you good afternoon everyone my name is Frank

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DiCicco I'm the chair of the zoning board of adjustment we have a quorum I'm

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officially calling this session to order. In attendance is our secretary, Mr.

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Confessor Plaza, our board members, Mr. James Snell and Mr. Thomas Holloman, in

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addition to Sharon Saleta, our city solicitor, and our board administrator,

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Ms. Tanya Sunken. While you may have, while we may have to make some

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adjustments along the way, our plan is to call each case and basically proceed

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as we would have in a live hearing we ask that attorneys for applicants or

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other interested parties identify themselves for the record when the case

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you'll be participating in is called we will then hear the appellant's

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presentation followed by any presentation by attorneys representing

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other parties interested parties and members of the public not represented by

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counsel will then be given an opportunity to testify we will finally

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hear the recommendation of the planning commission. At the hearing's conclusion the board will either

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vote the matter immediately or hold it for discussion in the next session. Any case held

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for discussion will be voted on the record at the next scheduled meeting August 5th, Wednesday

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August 5th at 9 30 a.m. A couple changes related to the virtual format. First we will be ministering

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administering oaths to individual participants to their testimony rather than to the room as a whole

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since we do not have a room. Second, for the benefit of anyone participating by phone,

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we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

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Third, I'd like to ask everyone, I'd like to advise everyone that this proceeding is being recorded

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and that by your participation you acknowledge your agreement to be recorded and at the time

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your case is called if you wish to testify you please raise your hand so that Ms. Sunken can

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identify you and pat you in for a we can hear your testimony asking all the attorneys to please

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limit your testimony to those issues that are extremely necessary for the record we will limit

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We're going to limit each case to no longer than one hour.

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each case to no longer than one hour.

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Let's see.

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Okay.

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And I think that we can begin, Mr. Confessor Plaza.

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Sorry about that.

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Calendar, these are the cases that are continued.

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Calendar number 38160, 1366 Anchor Street.

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Also calendar number 39273, 1615 South Broad Street. Calendar number 39120, 1816 South 18th Street. Calendar number 39873, 2408 Stewart Street.

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calendar number 39199 2433 harland street calendar number 39180 3517 north 15th street

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also calendar number 391295425 hunter street is there any other request are there any other

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request for continuances if so please raise your hand so we can identify good to go

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we have another request we have a couple hand raised diane mitchell diane hamilton mitchell

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Ms. Mitchell, please identify yourself in the record. Spell your name for the stenographer,

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please. Yes. D-I-A-N-N-E Hamilton H-A-M-I-L-T-O-N hyphen Mitchell. M-I-T-C-H-E-L-L.

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Ms. Mitchell, do you swear and affirm that your testimony will be true to the best of your

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ability yes i do thank you please proceed hold on is she asking for a continuance i don't know

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it's what i'm asking no we're asking to hear we're here for the hearing the zoning for the property

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at 1325 south 15th street uh we're 13 25 south 15th you're not away we're not on that we're not

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on that case yet you're not asking are you asking for a continuance no we're not we're okay okay

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then you wait wait for that case to be called okay thank you sir thank you any other anyone else

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Request for a continuance or withdrawal

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Franz Pierre

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Hello can you hear me

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Can now please identify yourself for the record

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Spell your name for the stenographer

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Yes that's Franz Pierre

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Councilmember Johnson's office

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That's F-R-A-N-T-Z

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Last name Pierre

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That's P-I-E-R-R-E

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And good afternoon Mr. Chairman

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And fellow board members

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it's been a long time um i was uh looking for a continuance for a calendar number three nine nine

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zero nine i'm not too sure if you mentioned that no no that's what

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okay wonderful uh 2736 the council member uh that's 2736 federal street the council member

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would uh like to see a continuance in order for both parties uh to come to a mutual um agreement

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what is that calendar number again three nine three nine nine zero nine that's correct

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2736 Federal Street. Okay. Is there any objection to that request? Allen? Is it Allen? No.

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I believe Henry Clinton is present to object to the request. Okay. Mr. Clinton?

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Mr. Clinton, if you're here, raise your hand, please.

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Tonya can you see my hand no but I admitted you you can speak we could hear you okay good afternoon

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mr chairman members of the board uh i think you know what high esteem i hold councilman johnson

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I think you know what high esteem I hold Councilman Johnson in, as well as Frantz-Pierre.

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in as well as francis

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Mr. Clinton, just get your name and everything on the record, please.

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Okay.

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Henry Clinton, C-L-I-N-T-O-N, on behalf of 2738 Federal LLC, and my client, Colin Lahren.

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And Mr. Clinton, you swear in the firm to tell the truth, the whole truth, and love you about the truth?

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I do.

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Thank you.

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Please proceed.

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So thank you again.

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I hold Councilman Johnson and Franz Pierre in high esteem, and I don't think I've ever disagreed

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with that office, but on this one, I have to. This project has been thoroughly vetted by

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four community groups in Grace Ferry. We have a letter of support signed off on by not only

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Grace Ferry Community Council, but all the remaining RCOs in Grace Ferry, so for a total

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of four. We have made every wish that they've asked come true. We've changed the dimensions

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of the building. We've set back the building. We provided affordable units. We provided an

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opportunity for the community to meet there at the site and several other items. So to get

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a consensus among four groups in Grace Ferry, I think is quite an accomplishment. The request,

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i believe from the councilman come from an adjoining our owner who we have engaged since

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november of 2019 we continue to try to engage with them but we have not been able to get them to come

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to the table in full discourse we were sent a an email sunday evening which i've shared with the

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with counsel Sharon where a number of requests were outlined and there were

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five issues raised three of the issues apparently are resolved and there are

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two remaining issues so I don't know why we need a continuance this project is

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ripe it has full community support and when the bar owners did not appear via

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zoom at the community meeting and i believe they will acknowledge a notice was delivered we

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immediately called them the next day and said you know where were you we have a zoning hearing today

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and i alerted them to that so we just see this as a last minute appeal we understand the council

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was asking for it but when all the true facts are known it really is an eight month delay in

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trying to get information from the individuals who are asking for the continuance. So for that

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reason, those reasons, we would object to that. Plus, two of these three lots are already owned

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by my client. The third lot is under agreement, and the agreement has already been extended

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on two occasions, and we've been advised that the seller is not going to give any more continuances.

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So for all those reasons on the record, I kind of request that the chair and the board look at the facts surrounding the situation and permit the case to go forward.

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oh mr clinton thank you uh if this board were to make a decision to continue the case two weeks

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from now and i'm not sure if we can do that tanya would we if if we make a decision could we limit

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it to two weeks we can attempt to if it depends on if it would be a full hearing or not because

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we already have cases scheduled if you were to hear it today and continuing only for again the

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limited purpose of hearing testimony from the parties that are requesting it right and it is

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unusual that you have four rcos all on agreement uh not unusual but it is certainly noted by this

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board. Mr. Franz, Mr. Pierre, would a two-week window be helpful? Yeah, I think a two-week

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window is perfect timing just to get, you know, everyone else on the same page in regards to

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the adjacent business owner that just didn't have the time to work on the negotiations

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with the applicant.

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I'm sure that Mr. Clinton would disagree with that part of it,

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but Henry, two weeks, could you live with two weeks?

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Mr. DiCicco, you know I've been flexible in every matter,

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I think, ever before the board.

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This is an unusual circumstance where the client basically sees

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the the client basically sees a continuation as a cancellation of the project and i don't want to

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a continuation as a cancel.

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put the chair and the board in a difficult situation uh as sharon not to interrupt but

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as sharon suggests we'll hear the case but we'll hold off for two weeks on any decision

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is that what you're suggesting sharon as an alternative either hearing it today and voting

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or if you do decide to continue to or even I mean given the amount of time that's passed

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one week with the neighbor able to submit make a written submission or testify briefly at the next

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session your call of course yeah I know I'm trying to be trying to be helpful as best we can I know

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Mr. Clinton makes a strong argument, but we're trying to accommodate the councilman's office as

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well to see if there's a mutual understanding. Mr. DiCicco, do you think it would be

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within the board's purview if I were able to get my client and the objecting party and

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Franz Pierre on a call and come back to you at the end of the calendar and perhaps between now

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and then this can be worked out work for us if that works for p the councilman's office

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it is the objecting party on the call it works for me um i'm not too sure if the

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not the applicant the uh neighbor that's involved will be available um i think i think a week would

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be sufficient if we can't do two i think a week from now um hearing the um in taking the testimony

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hearing the appeal i think a week from now should be sufficient for the neighbor and um the applicant

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to work something out then we can hold it for discussion and vote on it next wednesday at 9 30

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a.m can i ask is the objecting neighbor even on this call i i don't know if the objecting neighbor

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is on the call please raise your hand

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nothing

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apparently not i assume mr pierre that you would reach out to the objecting

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neighbor yes sir so henry

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we'll hear the case and uh hold the decision until next

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wednesday i i think uh that appears the best to be the best alternative uh hold on my my client's

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texting me

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Pierre's involvement and Ms. Saleta's and yours intercession. So that would be fine with us.

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Okay. And again, we will definitely make a decision next week.

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All right. Thank you. Thank you. Thank you, Pierre.

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Thank you.

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Mr. Pierre. Thank you.

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