civus
Hearing video

ZBA Hearing - November 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Nov 5, 20256h 5m

there are more requirements for fire protection and also about stairs because of you know the

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age of the children and whether they are um capable as they say of self-preservation here

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and usually there's um the idea of a panic bar like going up uh an exit door so that it's easier

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to get out of the property in case there's a fire so i'm not seeing that so these are you know the

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hardwired smoke detection system, which includes the strobe lights and the alarm, which is

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very annoying, but it does the job, and the means of ingress and egress for children of

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this age who are not always considered to be capable of self-preservation.

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So, and I didn't ask, but is it just you here or do you have employees?

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My mother, who currently lives in the hall.

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Okay.

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So it's the two of you?

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Yes.

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And it would be how many children?

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Pendant approval will be 12.

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Okay.

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All right.

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Thank you.

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Thank you.

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Other questions from the board?

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I have a question.

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Can I see the picture of the backyard again, please?

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Yes.

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i was just looking at it can you go down

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a little bit i want the view for where the trash was at actually okay sorry thank you

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that one yes hopefully i i hope that downspout isn't there anymore

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the ones sticking out because coming from them steps if the child was the fall that is a main

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that's a major problem right there for for safety wise right yes and there's no rail on that side

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i hopefully it's not there it was just taken when the picture was there yeah no we sorry that goes

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up to the first floor correct that does that uh yes leading into the kitchen first floor area yes

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okay so the kids would have to come upstairs from the basement to go out to go to the to the backyard

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yes okay i i just i just saw that and it just popped out i i would hope we could move that

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and uh thank you miss kelly just for for the record could you show the stairs again so

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all the board members have a good look at it the stairs to the basement that's a good basement yes

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Okay. All right. Any other questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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Excuse me, Mr. Chair. I just wanted to note that, as I mentioned before, that the RCO did submit a letter this morning with provisos that the board should decide to grant this application.

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the enforceable provisos are a three-year temporary variance hours of operation monday

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through friday 7 a.m to 6 p.m and obtaining a certificate of occupancy so i just want to

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um a certificate of occupancy so i just want to put that on the record for the board thank you

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put that on the record for the board

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thank you very much questions or comments from the audience this audience or the virtual audience

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chair we have craig meladozian with their hand raised they're allowed

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morning craig good morning chair bergman i could just for the record state your name

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is spelled for the sonographer yes craig c-r-a-i-g melidocean m-e-l-i-d-o-s-i-a-n

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

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i do chair bergman please proceed all right we shared some of the concerns of the rco meeting

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on this was a little different we moved it to the morning on saturday hoping that we would be able

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to get participation from near neighbors. Three of our RCOs actually had other programming at that

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time, so they weighed in by use of, we recorded it on Zoom between that and our AI summary and

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notes. We did share some of the concerns. One of them, Mr. Johns, was with the Bill Code door.

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We're familiar with that, and that does possibly create, no, it doesn't, it creates potential

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challenges for kids. We also looked at it from the ability of fire rescue to open it up from

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the outside. We did not look at the issue of the windows. I guess I came with an internal bias as

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a single parent. I had at any given time two or three girls being provided after school care

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by people like Anye a couple blocks away on the 6,600 block of Belmar.

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So maybe the lack of daylight could, and I say this jokingly,

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could explain their aberrant behavior at times, but they actually did quite well.

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In terms of workarounds, one, we did look at the issue of the screening.

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uh we uh anya agreed to address that uh the issue of the downspouts i'll be honest we we did we did

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miss and that doesn't need to be concerned also it potentially creates a a hazard during a cold

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weather if anything freezes out there but we would anticipate the kids not going out there

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but nonetheless that basement is a is an emergency exit to the communal alleyway

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A couple of workarounds. One might be for when the kids are going out, that Anya and her mom take them up stairs through the internal stairway and then bring them out through the back at the first floor level, and that other use simply be emergency exit.

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I do want to stress that she is a half a block away from a significant sized recreation center, the McCreish Recreation Center, with multiple fields, basketball, which the kids wouldn't be doing, skate park, et cetera.

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So there is a large amount of programming there that would provide recreation for the kids during the summer.

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We did weigh in on parking issues.

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We don't believe there's going to be a stacking of cars out there because there is an absence of housing across the street.

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So we did look at workarounds, nor did we indicate that they'd be limited to the first floor and the basement.

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Because the thought in my mind certainly was, if this does take off and is successful after the third year, that there may be some consideration that if the mother were to leave the residence, they'd have the ability to move it to the second floor.

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So it's the first and second floor.

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We also put in the three-year proviso to make sure that there would be no problems, how it affected the near neighbors.

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I do believe Anya has signed support from her attached neighbors.

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So this was the rationale that we used, and the assumption was that between the state inspection and L&I coming in, that code issues would be caught by them, which we traditionally do not necessarily heavily focus on.

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And I leave it at that unless you have a question for me.

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Thank you very much.

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Anyone else in the audience?

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There are no hands at this time, Chair.

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Planning Commission.

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thank you chairman and good morning david fechto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rsa5 residential

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single-family zoning at this location the city rezoned this neighborhood in 2019

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in accord with recommendations in the comprehensive plan

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This property has a documented history as a family child care for up to six children.

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this property has a documented history as a family child care for up to six children

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There is no unique physical condition or circumstance of this property.

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It would prevent the continued use of the property as approved.

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The City Planning Commission recommends that the Board deny the proposed use variance for group child care.

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Thank you.

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MI 2025-00311-6533 Kinsessing Avenue, I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Tynetta Graham, my vote is no.

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Ryan McAdams, my vote is no.

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Thank you.

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Thank you.

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We're going to move on to number 12.

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MI 2025 002 787 2230 West Ontario Avenue.

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Joycelyn Clark is the owner applicant.

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this application is for use as a multiple family household living three dwelling units

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in an existing attached structure multiple family household living three dwelling units

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is prohibited in the r2 zoning district there was unanimous support with provisos from

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Allegheny West Civic Associate.

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Five or ten votes.

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Who's going to do the testifying?

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Okay.

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Good morning.

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Hi, could you please state your name

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and spell it for this stenographer?

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Yeah.

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Tap it again.

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Good morning.

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Hi.

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No, it's good.

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Nice and loud.

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Now, could you please state your name and spell for the ethnographer?

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My name is Jocelyn Clark, J-O-C-E-L-Y-N.

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Clark is C-L-A-R-K.

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

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Yes, I swear.

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Okay.

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Our vice chair has a few questions for you.

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Good morning.

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Have you emailed your documents five days in advance of this hearing?

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Yes.

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And do you waive the reading of the refusal or stability to its accuracy?

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yes okay thank you and proceed with your case good morning um i am the owner of 2230

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west ontario street and it's my my home my family home that i um received from my father

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after a recent fire i had the request to change my home to a triplex because i'm getting older

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and when I retire it will be a nice source of income my plan is to live on the first floor

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and rent out the second floor and third floor unfortunately the neighborhood is zoned I think

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it's light industrial even though we are a residential block so the variance the use

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Transvariance was denied.

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I'm not sure what else I can say.

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I provide pictures.

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I think what you need to do is, do you have pictures of what it looks like inside right now, or is it all damaged from the fire?

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Oh, I have pictures of recent improvements.

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Why don't we see what the place looks like.

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Okay, all right.

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So that was your posting of the hearing, right?

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Yes.

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Okay.

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So there had been work.

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Did L and I stop you?

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No, my contractor did not complete my work in a timely fashion.

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Right.

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And did not complete all the paperwork that should be submitted to the city.

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So it was a, I don't know what to call it, a contractor abandonment?

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Yeah.

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I don't know what else to call it.

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So I'm proceeding on my own with putting in my request for a triplex,

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and I will definitely find a new contractor once I get permission.

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So you started to shape it up as a triplex.

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Would that be the correct word?

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Yes, that was the contractor.

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And I thought all the paperwork was in place.

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However, it was not.

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Okay.

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All right.

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Now, do you have drawings of what it's going to look like in the future?

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Yes.

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They were submitted on the web.

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Oh, I saw one.

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Yeah, all right.

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So why don't we look at what you have?

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May I defer to my...

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Architect?

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Yes, my architect.

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Thank you.

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Your architect?

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All right.

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Is that on?

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Yes.

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Yes, I am.

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You are, okay.

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Just to clarify, you can call your architect as a witness.

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He cannot testify on your behalf, so you do need to ask him questions.

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Thank you.

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Thank you.

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Okay.

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Okay, I'm unfamiliar with which questions I should ask,

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I'm unfamiliar with which questions I should.

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but Chris Hamill is my architect,

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and I would like to call him as a witness.

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Okay, sure.

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Could you please state your name and spell for this tonight?

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Yes, it's Chris Hamill, C-H-R-I-S, Hamill's H-A-M-N-E-L.

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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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Could you ask your architect to explain

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what's going to go there?

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Chris, can you explain what's going to go there?

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Yes.

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So when I was approached by the contractor at the time, I didn't know Ms. Jocelyn at the time.

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Okay.

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Is that better?

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Sorry.

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So I was hired by the contractor, not Ms. Jocelyn, at the time to do a three-family dwelling.

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I gave him all the drawings.

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Obviously, he never submitted them to get permits, and that's why we're here today, because we had to go for a variance.

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