civus
Hearing video

ZBA Hearing - October 11, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 11, 20235h 37m

try. We're going to go to number 12. Thank you, interpreter. You're welcome, sir. Thank you for

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using our services. Interpreter, disconnecting now. All right. Thank you. So I have number 12,

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MI 2022, 007-641-6904, Forrest Avenue.

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Hillary, do I have a name on this?

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I'm sorry, Mr. Chair.

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That is Karen Lucas.

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Karen Lucas, please.

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They will be rejoining us.

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Thank you.

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Thank you.

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Good morning, this is Karen Lucas, K-A-R-E-N-L-U-C-A-S.

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

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Yes, sir.

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Okay, so this application is for the erection of an addition at the front of the existing

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a tax structure for use as a single family household, size and location as shown in your

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application plans. You have a letter of support from the 10th Ward RCO and a letter of support

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from Council Member Phillips. Yes. Did I swear you in? No, sir. Not yet. Okay. Do you swear or

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firm to tell the truth, the whole truth, nothing but the truth? Yes, sir. And our vice chair has

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just a few questions for you. Sure. Good morning. Have you emailed in all the required documents

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and exhibits that are needed and required to proceed with this case five days in advance

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of this hearing? Yes, sir. Thank you. Please proceed. I see I've already shared your screen

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so you can proceed.

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Are you guys able to see my screen?

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We can.

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Okay, good.

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So my name is Karen Lucas.

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I live in West Oak Lane.

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I wanted to have my front porch and closed

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for my daughter.

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She's special needs.

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She's 34 years old.

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To my surprise,

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we were surprised that we got a refusal letter.

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The reason why we got the refusal letter

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is because my neighbor,

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I live in a row house.

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Before she bought her property, her front porch was enclosed, and the builders never applied for a permit, which made me have to go through all the process of getting a front porch enclosure.

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I have some pictures of my property.

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I have submitted all my documents, which you guys can see.

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I have my application for my appeal.

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And I'm going to go down to the pictures for you guys to see.

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Okay.

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Sure.

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Give me one minute.

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Thank you for your patience.

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No, we're fine.

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We're fine.

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Thank you.

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I'm almost there.

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This is from my contractor.

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Tax clearance.

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Here's the documents that were submitted.

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And the pictures are coming up next.

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So as you can see, my front porch has a roof already.

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My neighbor to the left, that's the property.

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Her front porch is illegal from my refusal letter.

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So this is my front porch here.

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They're just enclosed in it.

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It already has a roof on it.

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And I'll show you another picture close up.

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This is the front porch close up.

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So what they're doing is just gonna insulate it

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and just close it off and just, you know,

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make a door where the next picture is coming up.

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Where the step is right here

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is gonna be the entryway for the door.

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and here's another angle for the front portion posting your postings there too right yes sir

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i have two two separate postings sorry for the upside down but um yes if you want me if you want

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me to go back up to see the um second posting and this is i think we we have everything oh okay

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Um, so you, the place next door already is enclosed.

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So the place next door already is enclosed.

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Yes, sir.

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Yes, sir.

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Okay.

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And you, you have a daughter, you, you, you want to enclose it for your daughter.

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Am I right?

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Yes.

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Yes.

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My daughter is down syndrome and although she's very lucky that she can travel and her friends, I want to create a space, a safe space for her.

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Okay.

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Questions from the board.

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No, Mr. Chairman.

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Chairman.

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No chair.

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No chair.

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All right.

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Questions from our attorney.

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hillary emerson not at this time mr chair thank you planning commission

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planning commission

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good morning chair bergman ian hegarty for the philadelphia city planning commission

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Last name spelled H-E-G-A-R-T-Y.

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You swear, affirm, to tell the truth, the whole truth, and nothing but the truth.

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Yes, sir, I do.

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Please proceed.

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Good morning, board members.

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Members of the board, the comprehensive plan recommends no change to the existing residential single family of this location.

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Given the existence of enclosed porches elsewhere on this block, we have no objection to the granting of the variance.

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MI-2022-007-641-6904 Forrest Avenue, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you. You have your votes.

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Thank you. Have a nice day.

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Bye-bye.

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So we're going to go to number one.

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And number one will be, we're going to hear five cases together.

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So number one is MI 2023-001-589-1716 Master Street.

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Number eight, MI 2023-001-590-1718 Master Street.

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Number 16, MI 2023, 001-588-1714, Master Street.

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Number 17, MI 2023, 001-563-1710, Master Street.

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And number 19, MI 2023-001-958-1712, Master Street.

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Pascual Calavita is the attorney for this.

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There's a letter of support from the United Neighbors Alliance Civic Association.

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good morning good morning good morning uh council could you state your name please

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and spell for the court sure pasqual colavita pas q u a l a c o l a v i t a

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representing omega investment fund llc and their uh principal managing member is roman

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Ovarotsky, and I would just ask that he be

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placed on. Okay.

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

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Okay. Our vice chair has just a few questions for you.

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Sure. Good morning, counsel. Do you agree to waive the reading of the refusal

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and stipulate to its accuracy? We do. Have you

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emailed in all the required documents and exhibits that are needed and required to proceed

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Ad Nauseam, yes, yes. There are quite a few.

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All right, thank you. Please proceed and share your screen.

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Since these are, it's 1710 through 1718 Master Street. I have combined, I sent them in each

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separately as requested but if attempted to combine each of the exhibit per exhibit tab

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so as you can see there are actually 10 pages two for each property of the table of contents

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each table of contents the only difference would be that the deeds are different and

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And the architectural plans, they are the same, but obviously the difference would be that the.

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They are the same, but obviously the difference would be that the address is changed on the top, as well as the notice of refusal and each of the, so A through P, if you want me to read them in, I'll read them in.

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Otherwise, if we can just stipulate that those are the documents that I will be presenting

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and I can go forward and try to make this a lot quicker.

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Why don't we do that?

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Okay.

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Why don't you start your presentation?

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Sure.

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So the Certificate of Tax Clearance has been submitted.

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So this is a refusal.

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So what this is, is an RSA 5 zone.

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We're asking for six units for each of the properties.

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I've been in front of this board for this exact set of five properties about a year or so ago.

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It was approved for three by way of court order.

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About a few months ago, I was here on 1710 through 1708.

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As you can see, I have submitted their permits, which this board granted.

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and it's an exhibit n which i can show

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these were approved by this board for six dwelling units it's the same owner so the same owner has

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then purchased 1710 through 1718 and wants to make them exactly like 1700 through 1708

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as well as some of the other properties on the block as you can see this entire

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block is three-story multi-family dwellings this is the lot with all 10

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properties there, they are 22 by 100 feet each, which is a lot larger than basically two and a

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half times the normal Philadelphia row home lot, which are usually about 15 by 60. So the argument

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here is the hardship criteria. All of them are met. It's for single family residents,

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And as we go, unfortunately, inflation has increased that price. It's become no viable economic use for a single family residence. There'll be no change in character of the neighborhood. Again, as the rest of the block is multifamily.

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uh so we met with the community group as you stated a um they have not just sent in a letter

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of no opposition but they've actually support this project we again entered into a cba with

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the group. And there's going to be a sizable, very sizable amount of $32,500 contribution

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to this neighborhood to keep it up. And another thing about this project that the group was

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happy, the RCO was happy about is the affordable housing. We've done it with the first five

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properties from 1700 to 1708 and now we continue to deal with the second set of five houses that

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are before this board just ask that you support this project do you approve this project similarly

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as you had done with 1700 to 1708 there's really no change it makes it significantly easier for the

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The neighborhood, because now you can build 10 properties all at once, it'll be rough for a little bit of time.

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But the the like I said, the RCO, the community itself, they're happy with with these applicants and just asked it to it be approved for six family dwellings for each of the properties.

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Counsel, what was the vote of the RCO?

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You know, it's odd, but I didn't see it on here.

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And this was a well-attended meeting because there was another project that was north of this.

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It was a lot larger and more contentious.

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But I requested those documents from the RCO. On the other one, I can look. I think the other vote was probably 13 to 1 the last time.

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The vote was probably 13 to 1 the last time.

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But this one, there were a lot more people there.

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We never received the summary of votes.

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The only thing that I received is this letter from the chair.

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You want to bring your client on?

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Sure.

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Roman, are you in the group?

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Can I stop sharing?

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You can.

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You've been allowed to speak.

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would you introduce yourself to the uh panel yeah could you state your name and spell for

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the court stenographer yes can you guys hear me yes we can uh roman of rutsky r-o-m-a-n

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o-v-r-u-t-s-k-y do you swear or affirm to tell the truth the whole truth is nothing but the truth

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yes sir proceed counsel mr of rutsky have you heard my testimony this morning yes uh do you

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agree with the basis

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of my testimony? Yes.

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Do you

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take it as your own

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testimony? Yes. Adopt it as your own

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testimony?

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Is the board satisfied?

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William.

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Questions from the board?

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No, Mr.

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Chairman. No, Chair.

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Chair. No, Chair.

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Questions or comments from

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our counsel, Hillary Emerson?

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Not at this time, Mr. Chair. Thank you.

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Questions or comments from the virtual audience?

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I do not say any further hands, Mr. Chair.

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