civus
Hearing video

ZBA Hearing - October 19, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 19, 20216h 56m

Okay. Thank you very much. No further questions.

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Mr. Whalen? Yes, thank you, Chairman. Ms. Feldman, I would simply ask your statement that you just read and the letter that you previously submitted, or that EFDC, not you personally, but EFDC previously submitted, were both in support of this project as presented, correct?

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Correct.

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Thank you.

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Thank you. Anyone else to testify? We have less than five minutes.

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I'm sorry, go ahead.

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I'm sorry, Ms. Dandy. I was just going to say, my understanding is Mr. Steve Fillmore was going to be on on behalf of EFF, the other registered RCO who is in support of the project.

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I don't know if he's here or not.

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I'm not seeing anybody by that name, but I have Ms. Bell. Oh, and he'll be next.

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are you speaking to me uh it's yes you can unmute yourself okay i uh you can hear me then

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yeah okay thank you my name is joanne bell and i live at 3701 fall circle in the hilltop community

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and um and ma'am just one second um you're going to get squirted

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and um and ma'am just one second um you're going to get swerved miss bell i'm sorry i need to

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swear you in do you swear affirm to tell the truth the whole truth nothing about the truth

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yes i do please proceed again my name is joanne bell and i live at 3701 fall circle

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in the hilltop community and i come from a position that you don't put something in a

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community that the community doesn't want. Nor do you take your advice from people who do not

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live in the community that is going to be affected by it. I bought a home in 2008

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in the Hilltop community because it was a part of a Hope 6 project that was experimental and

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that is working. And it's something that could be duplicated throughout the city. And that is that

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you have affordable housing mixed with high-end housing in a neighborhood that makes it work.

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We live in a city with almost 30 percent poverty, and the projects like this is what we want to

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support. But what we don't want is developers cramming lots and lots of projects into an area

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where it changes the characteristic of the area. And that's what this project does.

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When I moved here in 2008, I could exit the development within a minute. In the mornings,

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it takes up to 20 minutes to get out. Each project that we have been told through a zoning process

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that we're not going to be affected in that way. Cars are now jamming into the neighborhood.

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This isn't fair to the people who made investments in this community. It is unfair to us,

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and our voices should be heard. And I, again, I'll end with, when we say that we don't want

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something we ought to be heard and we ought to be we ought to be listened to we are the ones who

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live here not the investors who come to make a profit thank you thank you um we are now at 12 48

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uh i just wanted to let the record or know if i if i didn't mention this earlier that a letter

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came in from councilman jones um i'm going to read it quickly in the last several months i have

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had numerous conversations with all the stakeholders regarding the project at this

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location i appreciate the advocacy of all those who have an interest in this development i support

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the neighbors who wish to see this project scaled back to a building that is less dense

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and which will better coexist with surrounding developments i am committed to working with the

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neighbors, the project owner, and all advocacy groups on a project that is suitable at this

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location. As always, please feel free to contact me with any questions or concerns. Having said

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that, Mr. Whelan, that last witness, did you have a question? You got less than a minute.

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No, Mr. Chair, he's not my witness. There's two registered RCOs in the neighborhood.

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East Falls Forward is the other one, and Mr. Fillmore is the president of that.

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And we have a letter of support.

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Fillmore, could you briefly give us your full name, I'll swear you in, and then briefly describe what your testimony would be.

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Yes, can you hear me?

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Yes, please spell your last name.

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Last name is Fillmore, F as in Frank, I-L-L-M as in Michael, O-R-E.

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

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Yes, I do.

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Please proceed.

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I don't mean to rush you, but we are bound by regulations to close this hearing down at 1 o'clock.

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Okay.

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It'll be very brief.

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I actually am the secretary of East Falls Forward, and I was the one who actually drafted the letter,

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which showed that membership was in support of the TAPCO project.

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we had actually two meetings with them one was a joint meeting with the efcc and the second one

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they were uh they were more than uh willing to discuss with us in february of uh 2020 uh where

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we met with uh several community people including the former chair of the east hall development

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corporation uh ron bednar who i'm sure you're all familiar with and other people with uh significant

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experience in traffic and so forth, and 67 people attended that meeting, all of them East

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Falls residents, and the tenant of that meeting, they were in support of this product as well.

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Thank you.

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I have one question. Can I have one question? Mr. Bonney? Mr. Bonney? Mr. Fillmore, thank you.

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I have one question.

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Can I have one question?

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Mr. Barney, Mr. Barney?

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Your organization, sounds like your organization took an official vote in that vote. How many

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votes were in support? I believe it was at 31. Is that correct? I don't have the numbers at hand.

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It was 84% of the voting tabulation. Does 31 to 6 ring a bell? It does not. I don't have those

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thank you no further questions you're welcome chairman thank you uh very much for you and the

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board's time i'm happy to end here uh without any further ado because uh closing arguments are due

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in writing not in person uh by next monday at noon i'm happy to do that and i wait anxiously

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await your vote next wednesday i agree and i want to thank the board for its time uh chair and and

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and Ms. Vice-Chair also, and the rest, thank you.

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Excuse me, I believe we still have to get

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the recommendation of the Planning Commission.

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Yeah, Planning Commission.

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Thank you, Mr. Chairman, members of the board,

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David Fecto, City Planning Commission.

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The comprehensive plan recommends this property

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for commercial mixed use.

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The zoning map here dates to 2016.

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The proposed uses, or I'm sorry,

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the proposed use is in keeping with that designation.

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In addition, this project completed

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civic design review process as a result of that process the applicant made multiple revisions

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including to the loading dock layout given the hardship generated by the grading associated

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with the site's previous use we recommend that the board grant the variance for steep slope disturbance

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okay thank you again gentlemen uh we're waiting your uh closing statements uh to be submitted by

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monday october 25th by noon on that date by noon chairwoman i just have one quick question um do

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you have any limitations on the uh page limitations that you would like to set on our closing

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arguments i just want to make sure i'm doing what you guys excuse me mr whalen no there are no page

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limitations um if we could announce that the record is otherwise closed yeah the record is

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closed and uh as to your question remember there are trees that have to produce paper that produce

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paper of course a little levity helps at times all right thank you uh so the record is closed

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uh board will uh render a decision discussion next wednesday at the next wednesday's board

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meeting executive board meeting thank you again thank you tanya we have any unfinished business

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no chair okay well thank you all see you back at two o'clock thank you very much

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thank you we'll give staff a few minutes you'll let us know when you're ready

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i'm here i know right

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i forgot this morning when i call your name out to the board members just please say present

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oh yeah we forgot too all ready to go chair thank you i'm here i'm i'm here mr chairman i apologize

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i i stepped away for a second no no no worries and again you know the reminder if you need a

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break, just let us know. I certainly will. Thank you. Okay. Good afternoon, everyone. My name is

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Frank DiCicco. I'm the chair of the zoning board of adjustment. I'll be participating in today's

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hearing along with our vice chair, Ms. Carol Tenere. Present. Yes. Board secretary, confessor

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Plaza. Present. And board members, Mr. Thomas Holloman. Present, Mr. Chairman. And Mr. James

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snell present thank you board administrator lakeisha dandy and our board attorney miss

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sharon saletta or also in attendance as is our zoning board administrator miss tanya sunkett

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first we excuse me for those of you who haven't yet participated in one of our virtual hearings

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

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

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

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to be recorded and that the recording will be made available to the public by contacting

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our Board Administrator Ms. Tanya Sunkit at tanya.sunkit at phila.gov.

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for anyone participating by phone if you wish to testify you must raise your hand by hitting star

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nine and then star six to unmute yourself i'll repeat for anyone participating by phone

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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if you wish to testify

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I will repeat that.

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

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and the address of the property at issue i'd also like to remind everyone please do not attempt to

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testify in the chat any comments concerns or questions you should be should be directed to

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our Board Administrator, Ms. Latanya, excuse me, Ms. Lakeisha Dandy. Pardon me, having said that,

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I will read off the list of continuance requests on the two o'clock list. Number eight on our list,

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MI 2021-002-885-3350-3350-North-22nd-Street.

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There's the only continuance I have as fully being requested.

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I understand there may be a comment or concern regarding 1910 Chestnut Street.

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But I'll ask if there's anyone objecting to the continuance for 3350 North 22nd Street before we move on.

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No hands, Chair.

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Thank you.

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Let's go back to number four.

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Excuse me, Chair.

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This is Sharon.

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I'm sorry to interrupt.

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But because that last one, we also had no exhibits and the continuance request was submitted by the RCO.

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Could that please be a must-be-heard?

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Absolutely. So MI 2021-002885-3350, North 22nd, is continued, must be heard. Thank you.

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Go to number four on our list. We want some clarity as to whether or not there will be a request for continuance.

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It's MI-2021-003213, 1910 Chestnut Street.

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Mr. Patterson, I believe, is the attorney of record for the applicant.

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Mr. Matteoni, who is representing the William Penhouse.

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So, Mr. Patterson, if you're out there, would you please raise your hand?

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And he's allowed to speak, Chair.

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Thank you.

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please identify yourself for the record and I'll swear you in. Sure good afternoon Ronald

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Patterson Claire Harrison Law from 1835 Market Street Philadelphia PA 19103 on behalf of the

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applicant. We're affirmed to tell the truth the whole truth and nothing but the truth? I do.

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So Chair you may have already been going to do this but could you promote

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I was calling him up next.

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Thank you.

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Mr. Mattione, please identify yourself for the record, spell your last name.

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You're still under oath from earlier today.

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Michael Mattione, M-A-T-T-I-O-N-I, Federal Reserve Bank Building, 100 North Independence

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Mall, Suite 5A, Northwest, Philadelphia, 19106.

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Accurate, Mr. Marlione, that you've requested a continuance.

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We requested a continuance, yes, we did, on behalf of the William Penthouse, and I have

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spoken to Mr. Patterson and received an email from him where we talked about the possibility

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that he could, and I don't want to speak for him, but present his witnesses today and allow

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us to come back at a later date and cross-examine his witnesses and present our opposition at

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a later date.

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Do a resumption hearing.

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Yes.

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Yeah, here's how I viewed it, Mr. Chairman.

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I believe we're close to settling on the issues, and so rather than present a contested case

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today and continue it at another time, I'd like to present the case today as if it were

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unopposed.

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But with Mr. Mattione reserving the right to return and cross-examine my witnesses, and for me also to add additional testimony, either new witnesses or same witnesses with additional testimony.

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And so I'd ask that we proceed with the case.

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You hold the vote.

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Maybe set a special hearing date and time.

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but if it gets resolved in advance of that date, which I believe it will, then we can send a

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letter saying resolved and vote the case and we don't need the second special hearing.

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resolve and vote the case and we don't need the second special hearing well yeah let me ask Sharon

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Well, yeah, let me.

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uh normally we would handle a resumption case but if there is no agreement uh would a resumption

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hearing be appropriate or would we need a continued a fully continued case um chair if if both sides

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are willing to um do it in two parts then it's really your call you can do it either way there's

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especially with the possibility that it will be resolved before the second hearing

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okay so the gentleman if that's okay with both of you we'll proceed that way

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okay thank you and i and i appreciate mr patterson's optimism i am not quite as optimistic

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as he is but we will we there is a meeting coming up and and uh it will be discussed i will leave

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bit at that um yeah and when we get to the end of mr patterson's presentation or we'll just

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find out when the next meeting will be taking place mr mattione so that way we can schedule

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a resumption hearing right and mr chair i just want to make it clear i do get my full rights

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to object to if it's appropriate to his testimony tonight understood no objection to that right

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Mr. Patterson? No objection. Okay. All right. So sit back and we'll get to you shortly. Great. Thank

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you. All right. Are there any other any requests for continuances or withdrawals for the two o'clock

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list? Please raise your hand. If you'd like to request a continuance or withdrawal, please raise

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your hand. Chair, we have Michael. Michael, you couldn't meet yourself. Thank you. I did. Mr.

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chairman my name is michael yanoff and i know you've already addressed this it's mr yanoff

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slow down please i'll spell your last name y-a-n-o-f-f and do you swear for him to tell

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the truth the whole truth nothing but the truth i do and what case are you speaking to that case

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that you've just already continued but i just wanted to correct one thing so your parent would

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know it's 3350 north 22nd street okay okay i had also i had also sent in a request for a

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continuance for the same reason as the ZBA. And I just want to make sure we are scheduled for a

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rescheduled RCO meeting on November 18th. And I just want to make sure that the rescheduled

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hearing on this case will be after that so we don't run into the same problem again.

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Why don't you, you can have that conversation with Ms. Sunkett offline, okay?

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