civus
Hearing video

ZBA Hearing - January 18, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 18, 20223h 23m

Minutes for all.

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We're live.

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Tanya, we're going to go.

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As you wish, sir.

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Good morning, everyone.

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My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is Carol Tenere, our vice chair.

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Present.

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Ishmael Shahid, our board secretary.

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Present.

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Thomas Holman, a board member.

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Present, Mr. Chairman.

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James Snell, a board member.

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It looks like Mr. Snell fell out, Chair.

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But we know he's here.

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Also, our board administrator, Tanya Sunkit, is here.

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Our board attorney, Sharon Saleta, and also Sherman Toppin.

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Before we begin, let me talk about our virtual format.

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One, be advised these proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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A video will be available by contacting our board administrator, tonyasunkett at phila.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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Three, if you are participating by phone, if you wish to testify, press star nine to raise your hand and star six to mute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And lastly, please note the question and answer box is not for comments.

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Any comments should be directed to Tanya Sunkett, our board administrator.

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Mr. Chairman, I apologize for that.

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No, no, no.

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I am present.

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I hit the wrong button.

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I'm sorry about that.

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It cut me off.

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I'd like to call case number five, MI 2021-005828, 224-30 West Top on Hawkins Street.

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And could both attorneys be admitted, Mr. Phillips and Mr. Masters?

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And they're both coming in now as panelists.

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Thank you.

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good morning uh mr chairman members of the board morning good morning mr chair members of the board

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okay i'd like to swear both of you please do you swear for him to tell the truth the whole truth

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nothing but the truth i do i do okay we're going to move this case to uh february 15th

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and Sharon's letter will lay out some legal issues we'd like to clarify. Sharon?

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Yes, because the case involves a motion to dismiss as well as an appeal against you and I,

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we're asking that Mr. Phillips that you submit a brief in support of your motion to dismiss by

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January 28th and Mr. Masters that you submit a reply to that brief by February 11th on the 15th

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board will begin by hearing the motion to dismiss and on that because this is an appeal against

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O&I there won't be any additional posting required I believe this was agreeable to both of you is

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Is that correct?

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Yeah.

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Yes, it is.

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Great, thank you.

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Thank you very much.

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Thank you.

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And will that be the 9.30 a.m. listing on the 15th?

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Yes, there is only a 9.30 listing that day.

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Okay, thank you very much.

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Thank you, Chairman Bergman and members of the board.

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Thank you as well.

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Go ahead, go ahead, sir.

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Oh, I have more business before you later today, I believe.

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All right, great.

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Good.

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Good to see you then.

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all right um are there any continuances requested

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All right.

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Are there any continuances requested?

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okay

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yes chair i do have a hand okay

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mr knockamson you can unmute yourself uh good morning mr chair members of the board

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Alan Nockmson of Nockmson, PC.

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Alan, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N,

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123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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You swear for him to tell the truth, the whole truth and nothing but the truth?

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I do.

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Yes, sir. Proceed.

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Mr. Chair, I have two continuance requests at the behest of the community,

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the first of which is 2246 North 21st Street

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under MI-2021-001278.

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That's number four.

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Okay, thank you.

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And then the second continuance request, Mr. Chair,

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is 1317 North 49th Street, MI-2021-002165.

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I believe that's number one on your list.

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Okay, thank you, sir.

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Thank you.

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Thank you very much.

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Any other continuances?

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Chair, we also have Mr. Jarrett.

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Mr. Jarrett, you can unmute yourself.

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Good morning, Mr. Chair, members of the board.

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Jared Klein, it's K-L-E-I-N from Blank Rome,

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130 North 18th Street in Philadelphia.

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You swear for him to tell the truth,

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the whole truth and nothing but the truth?

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yes I do okay proceed sir um requesting a continuance for 5000 Warrington Avenue

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that's a MI 2021-003182

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we are uh engaged in an active dialogue with the council office and the uh surrounding RCOs and

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we'd like to continue those conversations before presenting the case to the board

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thank you very much sir thank you mr chair any other continuances yes chair we have a mr andrew

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stoll good evening mr chair members of the board uh my name is andrew stoll i represent uh lisa

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johannings meyer and that's j-o-h-a-n-n-i-n-g-s-m-e-i-e-r um and she is actually an interested

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resident in um the the application that was just um asked for continuance so we would just join in

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that request thank you very much sir thank you okay any other contingencies

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no more hands here okay i'm going to go to the add-ons

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mi 2021 003859 2202 lehigh avenue this request for a reconsideration

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rehearing I vote no. Carol Tenere my vote is no. Thomas Hollinger my vote is no. James Snell my

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vote is no. Thank you. MI 2021-003952-6237-45 Germantown Avenue. My vote is yes with proviso.

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and that's with revised plans one page yes carol tenere my vote is yes with proviso

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thomas halliman my vote is yes with proviso game snell my vote is yes with proviso

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excuse me yes okay mr chairman yes sir

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Mr. Chairman, I think I am signing on you.

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Thank you very much, Mr. Holloman.

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Tom Holloman, correct. Thank you.

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Thank you.

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And Mr. Holloman, I will let you know when to sign back on. Thank you.

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Thank you.

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MI 2021 000 242 1720 North 22nd Street. Attorney is Steve Masters.

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And he's coming back in as a panelist now.

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good morning again mr chair members of the board okay you you you were sworn yes and if i remember

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correctly this was a result of hearing from before and you were in the process of presenting

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witnesses am i right i'm sorry that is correct this is the third um the third hearing of on this

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matter. Right. Yep. At the second hearing, Mr. Chair, we had requested a copy of the exhibit

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binder from the applicant and we have not received that. So we have not been able to

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fully review and evaluate the exhibits that the board was given at the first hearing.

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Right. Is the other attorney here? Yeah, I'm sorry to interrupt.

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No, I'm sure. Sure. Just, yep. State your name, please. And I'll swear you.

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R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1521 Locust Street, Suite 605, Philadelphia, PA, 19102.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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So, Chairman, I'm actually the attorney for this matter, not Steve.

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Yeah, I remember.

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Steve represents the opposition.

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So, our exhibit packet has not changed from the first hearing.

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So, Steve does have that information.

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this is now the third hearing for this matter. So I'm happy to go back through and explain where

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we are, but essentially we're just looking to provide parking. None of Steve's clients actually

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live on this block. They live behind the property. And we have two witnesses today that actually own

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property on the block. Nobody who actually owns property on the block is in opposition. It is

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just steve's client who lives behind the property um and as you probably heard from the recordings

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that went on that you listened to um there's a concern about parking in general in the city

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there's a concern about parking congestion on this block given the new developments coming on

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and so it's again still confusing to me why we would not be supporting accessory off-street

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parking when we're going to have hundreds of units on a block that have no parking available

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to them. So our office and our client remains in the same position that all we hear about from

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people is complaints about parking or providing parking. And we could not agree to any of the

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provisos brought by Steve, as I know Ms. Saletta reviewed as well, and they essentially would

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eliminate our ability to provide parking. Ms. Pritzker, could we reserve this until any more

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argument until the end? Sure. A couple of things we'd like to thank you. Mr. Masters, I'm not sure

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if you have done this before, but could you please, on the record, identify the clients

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who are representing and state their addresses? Yes. I am now displaying our exhibit binder

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and my client is listed on the top of the exhibit binder, Kayla Franks Jenkins. And that is your

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only client? That is correct. Okay, thank you. Yes. She resides at, or owns property at 1741 North

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Crosskey Street, which is directly behind the developments that we're here about. Okay, thank

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you. And again, this is the third hearing, as the chair mentioned. There were, I believe it was

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continued because there were witnesses we did not have time to um call if they could um if anyone

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of those witnesses if first if you are if you wish to testify if you were here for the prior

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hearing and were unable to testify could you please raise your hand

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we we also have a traffic engineer um the and a report that we have submitted to the board and we

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are looking for his testimony this morning as well. Did you, did you mention that at the last

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hearing? Did you say that you would be doing? No. No. We have, we've, we submitted, we, we

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contracted with the traffic engineer. We submitted the report last week with five days notice to the

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board. That's unfortunate because this is the third hearing. It was continued only to hear

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testimony from the witnesses who were present at the last hearing, but cut off. They were,

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there was not enough time to allow them to testify not for the addition of a traffic report at this

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stage well that is not i do not believe that the record shows that there was a limitation it was

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it was to present the testimony of the community and and um and the rcos who did not testify and

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we have we have uh supplemented that with a with a traffic engineer that i know i'm sorry that does

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uh supplemented that with a with the traffic engineer that i know i'm sorry that does not

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It's not natural.

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naturally get that will not be included so just move on let's call the witnesses again

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these are witnesses who were present at the last hearing and were unable to testify

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i'm going to call um kayla franks jenkins i'm gonna object she has already testified at the

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last two hearings and i unless it's something new and it is something new for her testimony

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it it is something all due respect to the board that's now heard this same thing three times steve

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um unless she has something new and different i don't i i don't think it's appropriate to continue

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to allow the same person to testify it's supposed to be for new people who didn't get a chance to

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testify exactly mr masters wait wait steve does she have something new she does all right mr

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masters was it not only something new but something that she could not have known about

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at the prior hearing yes okay limited to that yeah i got it but we're going to swear her and

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she'll testify to that and we'll we'll try to move this okay thank you thanks would you have her raise

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her hand please and ms jacques you can unmute yourself and wait for the chair

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she's available chair could you state your name and spell for the court reporter

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Kayla, K-A-L-A, last name is F-R-A-N-K-S, dash J-E-N-K-I-N-S.

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All right.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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All right.

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Mr. Masters, proceed.

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Thank you, Mr. Chair.

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I'm going to share my screen again.

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um miss franks um jenkins did you um did you happen to take um any videos recently of some

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of the properties um that we are that we are talking about today yes okay i'm gonna show you

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i'm gonna object to entering new evidence at this point

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excuse me let me interrupt for one minute if this is something that she could have presented

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in her prior testimony unless something drastic has changed about this location

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in the since the last hearing um what has changed that she now needs to add to a record

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not a video that she could have taken previously i'm i'm sorry mr chair members of the board but

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this is not what what is happening here is not legally permissible for proceeding before the

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zoning board it is not permissible to restrict to restrict our testimony in in certain parameters

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without also restricting the applicant's testimony in the in the same way we are presenting our case

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and now we are being told that evidence that we have um that we have produced that we want to show

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