civus
Hearing video

ZBA Hearing - March 23, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 23, 20224h 14m

Yes.

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Mr. Chairman, that's all I have. Again, no opposition from the RCO. The use of five units is permitted in the district. Oh, and by the way, all tenants have access to the rear yard for trash storage through that three-foot rear yard.

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so that's all i have questions from the board no mr chairman mr chairman mr chairman

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No, Mr. Chairman, Mr. Chairman, Mr. Chairman, questions or comment from the virtual audience.

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I see no handshare. Planning Commission.

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Thank you, Mr. Chairman. Good evening. David Fecto, City Planning Commission.

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The city rezoned this neighborhood in 2017. At that time, the zoning remained residential

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multi-family the variances for side yard and parking will not negatively impact the use of

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adjacent properties and so the city planning commission recommends that the board grant these

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variances mi 2021 004 661 1438 north 17th street i vote yes proviso no roof deck carol carol

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Toneri, my vote is yes with Proviso.

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Thomas Holloman, my vote is yes with Proviso.

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James Snell, yes with Proviso.

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Ishmael Shaheed, yes with Proviso.

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Thank you.

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Thank you.

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Have a good afternoon.

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Have a good night.

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Thank you.

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MI 2021-004-656-2103 B. Ellsworth Street. No RCO letter from Point Breeze Community

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Development Coalition, but letter of support is expected. Amber Alledef, Pro Se Equitable Owner.

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Amber? Hello. Hi, could you state your name and spell for the court reporter? Yes, my name is

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Amber Elhadeff, A-M-B-E-R-A-L-H-A-D-E-F-F. Thank you. Do swear or affirm to tell the truth,

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the whole truth, and nothing but the truth? I do. Our vice chair has a few questions.

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Hi, have you emailed the exhibit packet with all the required documents and they are proof

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of ownership, tax compliance, a copy of the refusal, photos and plans of the property

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five days in advance to this hearing and have you met with the RCO and do you have a letter?

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Yes, to both.

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Okay, you may proceed and share your screen.

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Great.

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you're up great um okay so i'm the owner and the applicant at 2103 elsewhere street unit b

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um where i um am proposing to have parking in an existing uh like side driveway um that's not

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currently zoned for parking. So this is the kind of the plan here. This is my house. And this is

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a driveway with an existing curb cut here. These are some photos. So this is the front side of the

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house on the north side of Ellsworth Street on the 21st block. This is the existing driveway and the

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curb cut here. And there's a driveway on this property at 2105 Ellsworth as well. So we share

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the curb cut. These are just some more pictures. So I got signatures of support focusing on people

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on the 2100 block of Ellsworth as well as Alter Street. I have 22 signatures of support in total,

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all were in support. This is the application for appeal

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and the project information form. This is the refusal notice. So the refusal was

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for the parking spaces accessed by front street. The parking is provided

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at required side yard depth and the stacked parking, so back-to-back parking,

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is prohibited in the zoning district. This is my certificate of tax clearance.

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And this is the notice that I sent out to 83 of my near neighbors within two, I think it was a 250 block radius.

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This is the certificate of mailing.

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And this was just a zoning notice that was posted at my house for the past three weeks.

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And so we held an RCO meeting on March 8th at 6 p.m.

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So this is the summary of the meeting from Point Breeze Community Development Coalition.

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So we met, there were 39 people who attended, 24 people who voted on this project.

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The RCO supported, voted to support the project as well as the community.

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So the nearby neighbors within a two block radius voted to support this project.

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And those are all my exhibits.

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And those are all my exhibits.

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Okay.

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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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I see no hands, Chair.

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Planning Commission.

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Good evening, Mr. Chairman, members of the board.

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David Vecto, City Planning Commission. The comprehensive plan recommends no change to

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the residential single-family zoning at this location. The variances sought appear to memorialize

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an existing condition, so the City Planning Commission recommends that the board grant the

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variances. Thank you. MI 2021-004-656-2103-B Ellsworth Street. I vote yes. Harold Tenere,

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my vote is yes thomas hallman my vote is yes james snell my vote is yes

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thank you thank you good luck thanks number six mi 2021-004-740-2717 salmon street leo mobahill

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Councilman Squill, letter of non-opposition

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letter of non-opposition

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from Old Richmond Civic Association

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Mr. Mulvihill

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Yes

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

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Absolutely, Leo Mulvihill

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that's M as in Michael, U-L

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V as in Victor, I-H-I-L-L

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Do you swear or affirm to tell the truth

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the whole truth and nothing but the truth?

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I do

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Could you identify your client and the relationship with the property?

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Certainly. My client's name is Christopher Bretz, that B as in Bravo, R-E-T as in Tom, Z as in Zebra.

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He is the owner of the property.

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Thank you. And our vice chair has a few questions.

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Hi, Mr. Mulvihull. 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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It appears that you've submitted all the required documents timely. Is that correct?

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Yes.

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okay you may proceed oh good afternoon chairman members of the board this one's pretty easy my

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client lives on salmon it goes all the way through to emory um emory backs up on 95 and it's a very

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narrow street a number of many people frankly on emory street uh have rear loading garages that

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are accessory to their homes on salmon street so my client has one too unfortunately it's not legal

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so that's what we're seeking to do today uh what i have here are my exhibits which i asked to be

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incorporate into the record the refusal, appeal, and project information form at 1, area zoning

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maps at 8, deed at 10, tax clearance at 13, my zoning letter at 14, the RCO letter of

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support at 17, photos at 18, and plans at 32.

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So members of the board will receive refusals for open area and rear yard, and that's simply

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because the parking structure that's facing the rear on Emory Street takes up a little

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bit of space and there isn't sufficient open space under the zoning code.

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That's basically due to the size of the lot itself and to the fact that we have a minimum

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size for these parking structures and that minimum size means that by virtue of its existence,

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we don't have sufficient rear yard space under the code.

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But that's the case as of many other properties on this block.

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So what I'm showing you right here is the subject property.

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This is just north of Lehigh Avenue.

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Salmon Street here terminates into what I believe is the Conrail Viaduct.

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My client's property is highlighted.

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Emory Street, for about two-thirds of the street, as you can see, is actually closed

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off.

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It's a private street.

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My client's garage faces Emory Street, where I'm indicating right now with my pointer.

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Going to the next page, we see an aerial shot.

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This is my client's property here. You can see at least two parking structures that are similar to my client's and many open area parking that are employed by the people on this block of Salmon Street, specifically because Emory is so small, you cannot legally park on it. Salmon Street is rather small as well and terminates here, making it difficult to park on this block as well.

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Here's my client's deed, page 10. My client's tax clearance. For whatever reason, I couldn't

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get the certificate to work, but the only thing outstanding was 2022 taxes. This is

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my notification letter that went out in December. We had a community meeting on January 13th.

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There's my proof of mailing at page 16. Here's our letter of support. We had several attendees,

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Here's our letter of support.

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We had several attendees, only one was able to vote, and that person voted in support.

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only one was able to vote.

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So I received the letter of support from Michael Manfrone, Old Richmond Civic Association's

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zoning chair.

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Here's a picture of the zoning sign, oh, pardon me, posted on Salmon Street.

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This is towards Emory Street.

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You can see the adjacent neighbors using the rear parking pad.

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and I'll just go through the photos looking northbound on Emory Street here

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we go and you can see this terminates in the viaduct here we have what is not

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technically legal parking under 95 but a lot of the neighbors have been using it

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we a lot of these gates as you can see with the signs they have no parking

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signs and they are used as rear parking this is under 95 again looking northbound eastbound to

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richmond street southbound to lehigh avenue and then additional photos of my client's property

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and the zoning sign this is just a site plan that was that we have submitted we have our proposed

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one car garage that exists here to the right of this drawing pardon me I need

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to move my photos out of the way and it's of sufficient size to allow for the

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car and some storage cabinets this is the existing side yard this is the open

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area along with the existing shared alley so there's not a ton of side yard

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but what my client has done is put a roof deck on top of that garage set back

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from the street.

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My client initially thought this was all going to be legal under the code, and then when

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they found out it wasn't, that's when we went through this zoning process to attempt

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to get this legalized.

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So members of the board, the hardship in this instance is simply there's not enough space

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on this parcel to allow for sufficient open area and rear yard under the code.

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My client has full community support and a letter of non-opposition from the council

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person, so at this point we would ask that you grant the variance for the existing structure

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and that's all i have at this point i don't think my client is on uh so i do swear and affirm that

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everything i said is true as an officer of the court questions from the board no mr chairman

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questions or comments from the virtual audience

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i see your hands here planning commission thank you mr chairman david vecto city planning

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commission uh mr chairman could i ask a question through the chair to mr we can cool uh leo can

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you do me a favor and let me know um how recently was this garage built uh it was within the last

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several months, my client received a notice from LNI, which is how they realized that he wasn't

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allowed to legally do this. Okay. Well, I'm sorry, but yeah, we're going to have to go on record as

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recommending against, since it's such a recent form of construction. Thanks. Thank you.

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MI 2021, 004-740-2717 Salmon Street. I vote yes.

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my vote is yes

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Thomas Holloman

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my vote is yes

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James Snell my vote is yes

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thank you members of the board

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have a good night

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thank you

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is there anyone in the virtual audience

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whose 330 case has not been heard

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I see no handshare

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okay

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thank you everyone

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a little later than I'm used to

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this is still early for us chair but thank you thank you everybody you did good bill

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tell me about our nine o'clock sessions

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you got it down the river right have a good night all have a good night take care

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have a good night everyone dpc zoom thank you for your technical help no problem have a good night

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everybody

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Good night.

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