civus
Hearing video

ZBA Hearing - December 8, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20214h 14m

separately that that um indicates their support for this project and here we have i'm going to

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have to change this just a second uh this is the um the floor plan as we see this i'm just gonna uh

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there we go there's this is the current

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there we go there's this is the current

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just a moment

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the current floor plan of the um the basement renovation um and this is the this is the photo

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of the the exterior of the building there's the zoning map

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and there's another picture of the um the existing basement the first floor the existing

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basement is vacant at this point at the first floor and the second floor are also are currently

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occupied this is the uh plan for the basement there will be um a utility area and then there

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will be a one bedroom apartment in that basement excuse me council excuse me council can you go

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back to the basement plan uh is this is it is this the one you want to see correct yes

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do you have two means of egress from that basement i'm looking here um and uh i do have the uh owner

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of the property who could clarify that if you would square her in would that be permissible

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yep is she there miss born raise your hand

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miss born are you are you currently there can you unmute yourself please

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she's here we have a user what they're hitting up um by the name of shoshana brickland okay that

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that should be her yes i'm here okay could you state your name and spell it for the court reporter

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please did you hear that yeah you have to be unmuted

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

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Ma'am, you will have to unmute yourself.

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Okay, Joanne.

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Yep.

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Bourne.

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That's J-O-A-N-N-E-B-O-U-R-N-E.

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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 do.

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OK. And Miss Bourne, you heard the question from one of the members of the zoning board.

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Could you address that directly? Yes, we plan to put three egresses to your left of the screen.

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I can see the two. I think it says an R or something. Yeah, those are two egresses, but we plan to put three.

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are there any further questions about this plan i'm looking at the wall section through the window

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it's how you get out of the basement you want me to get

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tell me where to stop and okay i i can't see the egresses were they the two windows tom

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i'm trying to get clarity also clear uh carol um

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to the left it says um bowman camp easy buck egress well install

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you see that to the left actually there's one in the living room and there's one in the bedroom

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can you move it over can you move it over to the to the right somewhat to see the wall section

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she says typical wall sections the window and can you come down some

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can you now can you come down some the other way

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is she going the right way

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am i going the right way no no the other way you're going the other way there you go and then

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come down um no the other way come up thank you

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okay is this it no

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let's see excuse me that's okay i get the idea

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see excuse me that's okay i i get the idea i i think it's uh okay

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yes that's it right there that's it that's it

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thank you for your patience um would you like me to continue uh i do have the ta i do have the rco

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letter and the tax clearance would you like to see that i'd like to see the rco letter if you have it

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okay can you see that now

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yes southwest philadelphia district services okay that's the letter that basically says

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they met on um zoom 20 on a zoom meeting september 29th and they support the

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they support this project as as proposed to convert this to three units

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and let me just give you this just because this is the tax clearance just

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for your information that was issued on the 7th of december that concludes my presentation if

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if there's any further questions and I would ask that.

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Yeah, do you want to adopt your testimony with her too?

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Yes.

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Go ahead.

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Ms. Bourne, you've heard the presentation today,

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my presentation.

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Do you adopt this presentation as your own?

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Yes, I do.

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Is that all I need to do?

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Questions from the board?

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No, Mr. Chairman.

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no so i i would have a question so this is an existing duplex and give that is correct

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and you decided to convert the garage no the basement the basement this isn't this um by way

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of information is in line with the culture of the of many of the properties on this block that are

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already triplexes as opposed to duplexes okay planning commission

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thank you mr chair ian hegarty for the philadelphia city planning commission

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members of the board the comprehensive plan recommends no change to the existing residential

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two-family zoning for this property the properties on this block have been constructed as two family

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dwellings the applicant's hardship claim is not supported with evidence of any kind of

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unique physical circumstances or conditions of the property we haven't heard any testimony

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to that case this is simply adding another dwelling unit in the basement of an existing

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building for which it was not originally intended city planning commission recommends that the board

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deny this variance anybody in the virtual audience have any comment

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i see no handshare mi 2021 002286 5346 angora turris i vote no

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uh carol cenary my vote is no confessor plaza my vote is no

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james snell my vote is no thomas holliman my vote is no

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okay let's see here am i

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oh i think he got knocked off again calendar number mi 2021-002909

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6942 Tarsdale Avenue the attorney is Zen Jin

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and it looks as if the exhibit packet was submitted

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there's a letter from the RCO in support of this

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with provisos can Zen be there he is

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Mr. Jin can you put your name and address on the record and spell your last name

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Yes.

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Zhenjin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.

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

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I do.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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You may proceed because you've submitted everything timely.

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Thank you.

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I'm going to share with the board the exhibits relating to this case.

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We have submitted documentation, which was mentioned earlier.

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What this refusal, we need to go over the refusal because what the refusal essentially is are two pieces.

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One is that this, again, is on Toursdale Avenue.

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One is that this, again, is on Toursdale Avenue.

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It's a property that faces Toursdale.

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It's a property that faces Toursdale, but it's only 50% of the lot, CMX 2.5, and the other 50% RSA 3.

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However, the refusals are, in fact, relating to the CMX 2.5 because the existing building footprint covers 75.6% of the lot rather than 75%, which is permitted.

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and the use proposal which is to have the first floor for storage purposes and second and third

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floor is residential is not permitted under CMX 2.5. The community actually supports this

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application because if you read the community statement regarding the history of the property

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the first floor of the property has been only used as a storage area by the former owner as well

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and the apartments upstairs were occupied by the previous owner,

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the new owners are looking to essentially refresh the property, renovate,

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and at this time it's used for storage partly because it allows them to stage their materials for renovation

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without having to get a new space.

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And in the future, they probably will look for some kind of commercial tenant.

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And this is a CMX 2.5, which would fit the use.

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Because the use itself really isn't out of the ordinary or different than what it was in the past, the community primarily wants the same provisals that they had mentioned for the property next door, which came before the board recently.

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And that's essentially trash pickup, lighting, licensing, and cleanliness.

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Now, I believe the enforceable provisals here would be the trash must remain behind the property until trash day, and that it would be picked up by a private trash company.

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We certainly have no problem with any of those requests from the community and would certainly meet what we agreed to with the provisals.

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Here are the photographs of the property. As the board can see, this is in a row on Toursdale, and 6042 has separate entrances for the commercial space in the upper floor units.

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this is the existing semi-storage condition of the first floor will be cleaned out and

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organized this is a residential unit above which is currently

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it needs a little work but it's currently in pretty poor shape this I'm sorry this is the

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first floor storage space that would be cleaned up and used for storage purposes this is the rear

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the property. Meters exist for separate upper and lower floor. The rear yard needs to be cleaned out

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as well. Again, my client acquired a property in this condition recently. They're looking to get

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zoning and start the work necessary to rehab the property. Once completed, the plan is to have,

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and I'll zoom in because it's much easier to see once it's closed in. The plan is to have a unit

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in the front and a unit in the rear, each being essentially a one-bedroom unit, and then the

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proposed, quote, grocery shop, but right now we don't have a tenant for that, so it will be

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proposed for right now for storage, which is what the refusal indicated was not permitted. So with

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the community support and with the prior existing use and the work that needs to be done on the

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property, we would ask for the board's favorable review of this case and permit my client to have

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the slight dimensional variance as well as the use variance that we are asking for. And I do want

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to point out the dimensional variance is in fact a hardship because it's an existing condition.

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I'll be happy to redirect to any other exhibits or answer any questions. And I do believe my client

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is here today with us and can verify my testimony. Can he be promoted so that he can adopt your

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testimony? Yes, Mr. Sachko, Stephen Sachko, his first name is spelled a little differently.

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Mr. Sachko, can you put your name on the record for the court reporter and spell your first

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and last name? Yes, my first name is Svyatoslav, S-V-Y-A-T-O-S-L-A-V. The last name is Sachko,

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S-A-C-H-K-O

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Thank you.

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Do you swear our firm to tell the whole truth

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and nothing but the truth?

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Yes, I do.

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Okay, Mr. Jin?

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Thank you.

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Mr. Sajko, did you see my presentation to the board

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and hear my testimony to the board?

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Yes, I did.

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Can you verify that they're true and correct

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and adopt it as your own testimony?

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Yeah, everything is correct.

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Thank you.

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Does the board have any questions?

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No, Madam Chair.

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No, ma'am.

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Is there anyone in the virtual audience?

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Is there anyone in the virtual audience?

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I see no hands.

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Planning Commission?

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Thank you, Madam Chair.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the Board, in 2017, the zoning map was amended from CMX 2 to CMX 2.5 at this location

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in accord with recommendations from the comprehensive plan.

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this dimensional variance is minimal and does not conflict with the purpose and spirit of the zoning code

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and furthermore we believe that the use variance here is consistent with the purpose of the existing structure

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the city planning commission recommends that the board grant the variances

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thank you calendar number mi 2021-002909-6942 torresdale avenue my vote is yes with commercial

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trash pickup and trash stored to the rear of the property until trash day. Professor Braza,

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yes, with proviso. James Snell, yes, with proviso. Thomas Holloman, yes, with proviso.

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Thank you. Hi, confessor. Are you still there? Yes, I'm here. I will not be here for the

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afternoon hearing. So I guess with everybody online, I would like to say it's been an absolute

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pleasure working with you. Are you still there? And can you hear me? Now he's off.

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Confessor, are you there? Maybe I'll call him. Well, it's another sad day board. So

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I'm on.

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I'm on, Carol.

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Okay.

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So I'll say things and then you'll tell Confessor.

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He's probably crying because he's going to miss Tanya.

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I support what you say, Carol.

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Okay.

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Yeah.

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I just wanted to thank Confessor for serving as long as he did and just jumping right on board and being a great secretary.

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We're all going to miss him.

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Just another sad week.

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and good luck with your new position so wherever you are confessor i have no idea jim snell will

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tell you what i said so thanks again and i second i second cow okay thank you this is crazy he was

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there and he's probably crying over tanya i know and you and confessor we're talking and confessor's

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not even here i know but you are that's what's important because i know you're going to be the

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first one on the phone with those i will send him the video yeah oh my gosh everyone know um

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confessor's last day is today so if you want to just wish him well you can always um i send it

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to me staff and i'll shoot it to him just so he's aware all right and please send her staff

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Send Tanya the name of the therapist.

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I know.

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I'm so sad.

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Y'all leave and be left and right.

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I know.

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Thank you, Carol.

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I'll see you guys at two.

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Thank you, everybody.

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Hi, Bill.

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