civus
Hearing video

ZBA Hearing - March 21, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 21, 20231h 30m

in and adopt my testimony as her. Alan, can I ask you a question first? What's the rest of the area

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look like relative to the multiple units? It's a predominant single family neighborhood. Okay,

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thank you. Ms. Anakamson, what was her name? Olga. Okay, Ms. Olga, can you raise your hand please?

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I see no hands raised.

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Alan, you're an officer of the court.

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We'll accept your testimony.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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The comprehensive plan recommends no change to the existing residential single-family zoning.

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The appellant has not supported their hardship claim with evidence of unique physical circumstances or conditions of the property.

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The City Planning Commission recommends that the Zoning Board deny the variance.

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MI 2022, 004798917 Revere Street, I vote yes.

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Thomas Holliman, my vote is yes.

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Jane Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you, sir.

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Thank you.

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Number six, MI 2021-005-2225, 120 North 53rd Street.

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Bart Levy is the attorney.

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letter of support from 44th Ward Democratic RCO

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Mr. Levy has been promoted

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Mr. Chair this is Hillary

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yep yes okay thank you

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yep

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Mr. Levy

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He was there I promoted him

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Mr. Levy

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Mr. Levy, can you hear me south if you're still in the audience?

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can you help me yourself if you're still in the audience

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I see another person with the name Bart Levy, but it was two of them, and this one doesn't

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have his hand up.

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can you hear me now yeah mr hi good morning mr levy could you state your name please i'm bart

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levy for the applicant spell your name just for the record b-a-r-t-l-e-v-y do you swear or affirm

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to tell the truth the whole truth and nothing but the truth i do um before we begin we we have

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concerned that the property wasn't posted in the right way oh i have a photograph of that

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okay thank you could you show us please hillary we don't have this right is is that visible um

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if it's the if it's the photo he just said it was um if there's a photo mr levy sent me this

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morning it was of the zoning hearing notice not of the zoning poster which is what it needs to

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be posted. Let me see the photo that you have, Mr. Levy. Right.

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Is it what you require?

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We don't see anything yet, Mr. Levy.

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Oh, I'm sorry.

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Is that what you see?

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We just see files.

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Oh, I'm sorry.

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Right.

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Does that notice appear?

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You maybe need to stop hearing and then reshare your screen.

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Okay.

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Is that visible?

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Yes.

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Yes, that is the hearing notice.

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That is not the zoning poster that was sent to,

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that would have been sent to the email address on file.

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That's what needs to be posted prior to the hearing.

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that was the only thing my client gave me as far as notices okay

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so mr levy we're gonna we're gonna have to continue this again um okay well we had a

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problem before with the posting so we're going to continue this case but it has to be prepared

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It must be tried the next time.

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Well, as you can see, I know how to share documents now.

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Pardon me?

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I'm a little better at sharing documents now.

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Okay, so MI 2021-005-225, 120 North 53rd Street.

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This case is continued.

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Mark must be tried.

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Thank you, sir.

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Thank you.

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Mr. Levy, this is Hillary.

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I'm going to suggest that you reach out to the office and make sure that the correct information is on file for the posters so that you are getting, you or your client are getting the posters.

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Thank you for your patience.

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Thank you.

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Thank you.

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Case number seven, MI 2021-003-767-2622 East Allegheny Avenue.

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Olok Sokoloff is the attorney for the owner.

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Recommendation of support from Southport Richmond Civic

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and letter of non-opposition from Council Member Squallup.

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Mr. Sokoloff has been promoted to panelist.

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Good morning, Chair, members of the board.

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Good morning, sir.

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Could you state your name, please, and spell for the court reporter?

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Sure. Oleg Sokolov, that's O-L-E-G-S-O-K-O-L-O-V.

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Sure. Oleg Sokolov, that's O-L-E-G-S-O-K-O-L-O-V.

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

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I do, Chair.

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Our Vice Chair has a few questions.

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Sure.

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Good morning, Counselor. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Mr. Shahid, unfortunately, I cannot do that as to the current refusal because we had requested an amended refusal based on a letter from the board allowing us to do so.

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We just have not received it yet.

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Therefore, I ask the board to hear this matter and hold the vote until the amended, the second amended, excuse me, refusal is issued.

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Understood.

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game. Have you emailed all the required documents and exhibits that are needed and required to

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proceed with this case five days in advance of this hearing? I have. Thank you. Please proceed

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and share your screen. Sure. All right. Is everybody able to see that? Yeah, just make it a little

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larger, I think, if you can. How about that? That's really large, but that's fine. That's

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great. Going in between would probably take more time than we need. Okay, we're fine. Okay. As I

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stated, Chair, this is not the current refusal that we are asking for consideration on. This

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refusal has us issued as a vacant commercial space on the first floor and a single family

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household living on the second and third floors. The second portion of that is correct. The first

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portion has been requested to be changed to a professional and business office on the first

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floor, and that is what we discussed with the RCO, and that is what the letter of support was in.

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So I'll quickly take us through the exhibit packet. Here is the letter requesting the second,

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or excuse me, giving us leave to amend for our second refusal updated to the use categories

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that I've just described. Picture of the property is this one here connected to New Wave Cafe. You

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can see that Allegheny Avenue, even from this microcosm of a picture of four buildings,

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has multiple commercial uses on the first floor. And for those of you who know the

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street a little better, there are certainly more uses of this nature along this corridor.

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And you'll see that the corner property is a commercial mixed use property as are the ones across the street. So this is quite a typical use for this area. This is the existing conditions of the property. It's bare. There's no use as of now. There is a bathroom on the first floor, a bathroom on the second, and a bathroom on the third.

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We're requesting that this first floor and the basement be allowed for business and professional use.

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A schematic of the proposed use, our project information form, our appeal application,

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notice to the community. We actually held two meetings with the community where we originally

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requested two family dwelling in this property and then after discussions with the community

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we went back and agreed that this would be the best use of the property proof of mailing

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apologies here that apparently there was more mailing than I remember

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is your client here yes why don't we adopt your testimony sure Mr. Respond could you raise your

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hand please and state your name for the record quickly our letter of support here

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zoning poster

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And, Dean, you'll see that the respondents have owned this property since 2011.

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Mr. Respond, are you here?

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No hands at this time.

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Okay, counsel, you're an officer of the court.

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We will take your testimony.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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There's no hands, Chair.

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Planning Commission?

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thank you chair berkman

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Thank you, Chair Bergman. Sarah Bond, Philadelphia City Planning Commission. The property is indicated for residential on the city plan, but given the physical conditions and circumstances on the site, we recommend that the requested variances be granted.

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sarah bond philadelphia city planning

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Thank you. So the vote on this will be held until we have the amended refusal. Thank you, Council.

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Thank you, Chair.

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Mr. Chair, this is Hillary. Just wanted to note that the record is otherwise closed.

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Oh, the record is closed. I'm sorry. Thank you.

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And, Terry, if I may, may I just ask that my exhibits be entered into the record?

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That's granted.

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Thank you.

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Okay, so number nine, MI-2022, 007-480-1310 South Broad Street.

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Vern Anastasio is the attorney for the owner.

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Richard DeMarco is the attorney for the appellants.

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This is a remand hearing.

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Mr. Anastafio has been promoted to panelist here

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Mr. Chair this is Hillary I'm going to reach out to Mr. DeMarco it appears he may not be here yet

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I know he had another commitment and for this case to be heard last and we've already gotten

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to it so let me just reach out to him okay thank you

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Mr. Chair, we may need to give him a few minutes.

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I've reached out by email and phone.

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So I know he had another court matter this morning,

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so but he was supposed to be done around now um but i i will keep trying do you want to take a

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quick break um we we could we could take a brief reset all right why don't we take a 10 minute

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break okay sounds good so it's it's five after everybody come back about what after 10 if you

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want to get a call for something like that okay thank you mr chair thank you everyone do you need

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me to pause the recording?

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I would. Yeah, Nikki,

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stop the recording.

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Okay.

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You

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Thank you.

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are you back

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I'm here Bill

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okay good

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Ish

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I'm here

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Sarah are you back

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present Mr. Chairman

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I'm here

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Sarah?

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Yes, I'm here, Chair.

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Okay, good.

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Thank you.

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Mr. DeMarco should be on the phone any minute.

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We'll get started.

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Mr. DeMarco is going to be calling in.

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Okay, thanks.

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Thank you.

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What baby, I know you want brushings, but I can't brush your phone.

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Thank you.

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Mr. DeMarco's here. I'm going to promote him.

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Thank you.

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Mr. DeMarco has been promoted.

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Good morning, Mr. DeMarco.

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Good morning, Mr. DeMarco.

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Sorry, Mr. Chairman, I was on mute. I'm sorry. I appreciate the accommodation today.

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Could you state your name, please, and spell for the court reporter?

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I'm here.

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mr demarco just for the record state your name and spell for the court reporter

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richard demarco last name d-e-m-a-r-c-o right do you swear for him to tell the truth the whole

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truth nothing but the truth i do mr anastasio could you state your name and spell for the

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court reporter, please. Good morning, Mr. Chair, members of the board, Vern Anastasio, A-N-A-S-T-A-S-I-O.

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