civus
Hearing video

ZBA Hearing - December 3, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Dec 3, 20257h 18m

Counsel, please proceed.

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Mr. Dima, were you on the call when I presented your project to the board?

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Yes.

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If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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And you were at the community meeting with me on Monday night, correct?

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Yes.

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Yes. And then after that community meeting, despite the support of the people in attendance, you decided to refine the plans and that you need a few more days to get them complete.

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Yes, that is correct.

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All right. Thank you, sir.

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Thank you.

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Questions from the board.

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What's the refinement of the plan? Is that what we're seeing? Is this the refinement?

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No, because, Mr. Johns, I don't have those done yet.

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Basically, the refinement is we're going to shrink the footprint of the house by about eight feet.

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We're going to address the storage.

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This was really too big, we thought.

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We're going to just change that a little bit.

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And then in the egress well on the rear of the property, there's sliding glass doors,

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and it makes sense to put a spiral staircase in there for rear access.

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Okay. What's the height of the proposed building?

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33 feet.

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33 feet. Do you have an elevation that shows it in context with the rest of the...

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That's going to come with revised plans, too.

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And this has a roof deck?

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Yes, it does.

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Accessible roof deck for all the tenants or just for the third floor?

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Just for the third floor.

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yeah I just want to like talk about the hardship one on this block it's mostly two-story

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single-family homes this is actually one of the rare blocks in that entire neighborhood where

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this is really the only vacant lot and it's the same size as the two-story single-family home

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next to it. The lots are identical. So I'm trying to understand why the hardship exists to not put

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back a single-family home on an intact block and to go up and add both height density and unit

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density. Yeah, I mean, we looked at that situation, Ms. Wynn, and directly across the street, even

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though it's not facing Mellon Street on Union Street, there's two triplexes.

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The lot is extraordinarily big, and I grant you the house next door, which was constructed

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in 2010, and it's an RDA property, is a two-story, but it just, you know, there's an economic

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viability argument when you look for a variance for usage, and that's one of the reasons I

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showed all the other properties and the assessments and

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values as my last

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exhibit. So it's

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a large lot. It's adjacent to

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a, I'll go back to this.

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It's adjacent to a four foot wide alley.

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If I can show that again. I mean, yeah, no, no. I understand

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the like physical layout where it sits. I think that that still doesn't account for the fact

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that it doesn't match at all the context of this existing block. The triplexes you're referencing

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are technically facing a different street. It's a different street grid. The RDA properties next

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to it that you're referencing also face again a very different street. That's Union Street.

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to it that you're referencing also face again a very different street that's union street and

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union has bigger houses and bigger lots facing union street but this house is neither it is it

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is not facing it's facing melon and like it just to me this this current proposal doesn't fit in

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this streetscape at all no and look i i hear what you're saying uh i mean the other way to look at

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this, if someone were to build

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a single family home, you're still going to have it

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33 to 35 feet.

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So it

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will dwarf it. I'm not saying

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that's a reason that the board should

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look kindly upon this, but

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in terms of occupancy of the lot,

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the structure

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will still be a large structure

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if someone thought it was viable

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to even build that.

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I hear

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what you're saying. So we're not

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voting today. Hillary,

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are we going to make this a resumptive hearing um that that is up to the board if you feel like i

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mean i think i think when henry comes back well whatever it is um you should have a chance to

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respond to it and then respond to anything else we think it's appropriate so this resumptive

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hearing date is the one we would use uh yes i believe so okay all right so henry this well

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let's let's let's see if anybody in the audience has anything to say okay anyone in the virtual

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audience vote comments rco yeah i have uh mark harris with their hand raised sure a lot of them

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speak okay yes it seems that the i'm mr harris uh mark could you please state your name and spell

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for the stenographer i'm having a hard time hearing you could you get closer to the mic

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Harris.

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Spell it, please.

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M-A-R-K-H-R-R-I-N.

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

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I affirm.

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Are you a neighbor?

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No, I'm not.

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Okay.

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Give me your comments about this.

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You have two minutes.

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My comment is something that seems to be that the developer is overstating the inconstability.

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I said the family home in order to justify.

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We're having a hard time hearing you, Mr. Harris.

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mr harris are you a favor this practice or against let me guess it seems like they're

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trying to justify more destiny you don't live in the area mr harris no i'm not too far away but i'm

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immediately okay so my comment was it seems like we did have a hard time understanding

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but i'm real clear you're not in favor of the project um so okay is there anyone else in the

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audience do you not see any further hands but do you want to take a position now or do you want to

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wait for their update now sure amy with the amy board with the planning commission the

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comprehensive plan recommends no change to existing rsa 5 residential single family zoning

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at this location the appellant has not demonstrated that there are unique physical conditions or

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circumstances of the property that would prevent it from being used in conformance with the zoning

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code the planning commission recommends that the board deny the requested variance for a

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multifamily and occupied area all right henry we're going to have a resumptive hearing on this

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2 24 26 at 9 30 a.m thank you very much mr thank you is there anyone in the audience whose case has

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not been called from the two o'clock list you're not seeing your hands mr chair we're going to

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take a five minute break and then come back and finish the list the three the 330 list

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good afternoon everyone my name is bill bergman and i will be chairing this eba hearing

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With me is our vice chair, Tanetta Graham.

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Present, Mr. Chairman.

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Our board secretary, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our board member, Michael Johns.

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Present, Mr. Chairman.

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Our board member, Ty Wynn.

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Excuse my rant about the trash cans in Philadelphia.

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Let me say this, and then the worst thing, it was in the picture.

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Oh, yeah.

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That was their picture.

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And also, our board member, Ryan McAdams.

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President, Mr. Chairman.

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So here is our attorney, Hillary Emerson,

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our zoning board director, Ane Haggerty,

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and our board administrator, Lakeisha Dandy.

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Recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in person, if you're called to speak,

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you must state and spell your name, then wait to be sworn in.

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Then wait to be sworn in.

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Once you've been sworn in, please state your name each time before.

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Once you've been sworn in, please state your name each time before beginning your testimony.

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Any person may enter their appearance to become an interested party to a case.

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There are three ways.

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You can identify the case property address on your Zoom webinar.

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You can see a staff member, or you can call the ZBA appearance line by the close of business tomorrow.

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Call 267-270-5548.

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Leave a message that includes your email address and the address of the property of the appeal.

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The following guidance is for our remote attendees.

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When directed, you must raise your virtual hand in order to be recognized to speak.

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Second, if you're called to testify, you will be prompted to join as a panelist.

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Please accept the request and turn on your camera.

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A.

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Fourth, if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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For our in-person attendees, please refrain from talking, eating, or drinking during the hearings.

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Verbal and physical aggression will not be tolerated.

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Restrooms are across from the elevators.

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A water fountain is just outside the room to the right.

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When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees and the court reporter.

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In the event of an emergency, please follow the directions given over the public address system or by the staff.

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The main exit is through the double doors at the rear of the room.

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The nearest stairwell is to the left outside the doors.

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In case of an evacuation, the rally point is at Love Park directly across Arch Street.

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Please remain there so we can account for you.

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Let's look at our list for this afternoon.

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Number three, MI-2024-007-587-1408.

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Mr. Chair, I'm sorry, if we could call number two first.

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Okay, you want me, this is the no exhibits too, right?

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Okay.

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Yes.

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So, MI, number two, MI 2024, 007-544-701-35 Castro Avenue.

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We have a Portuguese interpreter, please.

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Yes, Your Honor.

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Sorry.

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Hi.

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Could you please state your name and spell it for the stenographer?

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My name is Monica, M-O-N-I-C-A, Aguiar, A-G-U-I-A-R.

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Right.

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Do you swear or affirm that you will interpret accurately, completely and impartially from

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English to Portuguese and from Portuguese to English to the best of your ability?

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Yes, I do.

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Thank you.

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So what I need you to do is to call Daniel Silva, who is the listed applicant for us.

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do I need to turn on the camera they should turn on the camera it's Daniel Silva that I should be

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camera all right and uh ask him to please state his name and spell it for the stenographer

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You can say your name and translate it to the esternographer?

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I can.

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What's that?

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Daniel Silva.

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Daniel Silva?

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Yes.

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You have to translate it.

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Good.

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G-A-N-I-L.

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i-e-l s-i-l-v-a all right and and i'm going to give him the uh

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do you swear or affirm to tell the truth

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a whole truth and nothing but the truth

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yes all the truth okay all right so

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we this is the second listing we have not received his exhibits could you tell him we have no exhibits

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from him look this is the second list and we didn't have any evidence of your part

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like what likewise like what no i like what so okay

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Like what?

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No, like what?

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So, okay.

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So there's a whole list of items that we would send him the list

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and maybe he could see it, but we need pictures.

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We need the whole gamut of things to show us what he wants to do.

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And I guess the first question I have is this.

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This is listed with Caster Gas LLC.

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Is that him?

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Caster L.C.

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Look, there is a list of items that you need to send.

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They are with photos and showing what you want to do.

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