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Hearing video

ZBA Hearing - September 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20205h 55m

street municipal trash collection

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and honestly that's about all we have we're respectfully requesting that this special

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special exemption given the um lack of effect around it the safety of the plans in place and

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the uh benefit to the city thank you uh do you need to have anyone adopt your testimony

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If I could have Mr. Corsello adopted as the consulting engineer, I'd appreciate that.

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That would be good. Thank you. Mr. Corsello.

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Please spell your full name for the record, please.

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It's Matt Corsello, C-O-R-S-E-L-L-O. Address is 1138 Thrush Lane, Audubon, PA, 19403.

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And your position again with this?

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I'm working with Bowler Engineering.

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We are the engineers of record for the project.

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Okay.

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We swear to the firm to tell the truth, the whole truth, nothing but the truth.

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Yes.

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Thank you.

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Mr. Kellett?

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Mr. Cortella, have you heard my testimony today?

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Yes.

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And is it true and correct to the best of your knowledge?

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Yes.

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And would you adopt that testimony as your own testimony today?

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Yes.

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Thank you, sir.

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I have nothing further.

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Thank you.

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Questions from the board?

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No.

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no anyone else wish to testify in this matter if so please raise your hand

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i have a francis francis you can unmute yourself and speak to this case

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Francis, whoever you are, please give us your name, spell your name for the record and address.

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Francis, you can unmute yourself.

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Can you folks hear me now?

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Yeah, I can hear you now.

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Please spell your name, first and last name.

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Give us your address.

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Well, I'm afraid there's been some misunderstanding.

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I am actually the architect of record for 4434 Lancaster Avenue which I believe might be next

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which i believe might be next on the list that's the next that's the next case so you have to put

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on the list that's the next that's the next case so you have to put your hand down

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your hand down okay sorry we'll call you at the next case thank you thank you all right anyone

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else no hands chair thank you uh planning commission yes good afternoon uh ian hegarty

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for the philadelphia city planning commission this property is indicated for industrial use

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uh in the comprehensive plan the philadelphia streets department has demonstrated a need for

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this office to support the department's activities at this location which are essential to the city

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so accordingly we support the granting of this variance thank you calendar number three nine six

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let me start again calendar number three nine six nine seven three eight nine five

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Richmond Street. My vote is yes. My vote is yes. My vote is yes. My vote is yes. Thank you, Mr.

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Kellett. Thank you for the conclusion. Sorry, Carol. Thank you. Calendar number MI-2020-000952-4434

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for Lancaster Avenue I'm here by the way Frank Cuthbertson are you the attorney no mr. Lambert

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you've been promoted to a panelist you can unmute yourself and share your screen as you wish

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oh right here start video thank you can you hear me mr lambert can you your name and address on

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the record please yes good afternoon um my name is michael lambert id number 88422

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i am here on behalf of uh 4434 lancaster avenue okay do you swear or affirm to tell the whole

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truth and nothing but the truth yes my client is also online he swears also okay uh do you i think

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you'll have to say that he swears but i'm going to ask you do you agree to wave the reading of

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the refusal and stipulate to its accuracy yes i do and my client is right here he's he didn't

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swear right now again but he's standing right here name and address please we'll take care

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Mr. Lambert, Mr. Lambert, just listen to Ms. Tenere, and then we'll get your client at the appropriate time to swear him in. Thank you.

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My apologies, sir.

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Thank you.

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Apologies, ma'am.

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sir have you emailed an exhibit packet with the required documents including proof of ownership

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tax compliance a copy of the refusal and referral photos plans of the property five

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days in advance of this hearing have you also met with the rco and do you have a letter

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yes on all of the above you may proceed thank you very much

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Mr. Chairperson and members of the panel, I am here. My name is Michael Lambert. I'm here with my client, Guy Hopperin, and we're here with the class of 4434 Lancaster Avenue.

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We're simply asking the board to allow a variance because this lot size is smaller, 1,418 square feet, compared to what is required for our four-unit dwelling.

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The reason why we're asking the members is because it's zoned as a CMX2 right now.

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And my client purchased the properties in March of 2018.

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However, when he purchased the property, it was zoned essentially as a four-unit complex, two one-bedrooms on the second floor, two one-bedrooms on the third floor, and a barbershop on the first floor.

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currently we're asking the board just to do essentially the same thing that has already

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occurred um and um allowing or continue the allowance of the two one bedrooms on each floor

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second and third mr lambert i need to interrupt you again do you have any exhibits to share with

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us uh we have forward that um to the board five days in advance however we can when we sent it

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again today, however, we could

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share the screen right now.

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That would be helpful. Thank you.

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Share screen.

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So while my

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paralegal is here sharing the screen,

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sir, if I may...

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We don't have anything yet.

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We'll let you know when we see the screen.

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Okay, well, if I may continue, Mr. Chair, first, while she's doing that, is that okay?

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Okay, well, if I may continue, Mr. Chairperson, while she's doing that, is that okay?

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Okay.

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All right, basically, this is a...

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Did you see it?

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Did you see it?

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He said he'll share with us what we have, and I need to...

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No, you need to hit the green share button, and then hit the document you want to share.

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there we go and we apologize folks i know it's late but we're all a little nervous here trying

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to get uh accustomed to this i think we have it now yes we have it thank you god

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all right so if i may move on while she's sharing the screen um so as you'll see the first page is

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the, or at the top, is the

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letter from the

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RCO, which

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is a 15

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in favor

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of our request.

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Pardon me? We don't see that.

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What we see is the zoning notice. The zoning

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poster is the only thing that's up.

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I don't know.

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Are you

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fighting kids?

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and then multiple documents yes yes that is correct uh this is about six pages it has our

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uh letter our refusal our application for the appeal uh our uh tax clearance as well as our

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um okay now you're now we've now we've lost you so you've got to sign back on

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Chair what was your request

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My request was that he shared the documents

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And all we saw was the zoning notice

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And he asked if he can proceed

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With his oral

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Testimony while they were getting the screen up

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I said okay but that's not working out

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Let me continue with my oral testimony

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and I would ask my staff and the client to just not say anything while I continue.

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Thank you.

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So the bottom line for the members of the panel is this particular property was when my client purchased it,

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it was structured as a four unit, as I said, two on each second, two on the third floor,

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and it was zoned as a barbershop on the first floor.

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This was in 1997.

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We're asking the members of this panel to grant us the variance to essentially to,

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um uh follow through with what was already previously uh uh allowed by this panel or

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the zoning boards in 1997. um this particular if you when you get the opportunity to look at the

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um the rco letter uh this is the lancaster corridor and we are trying to make the first

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floor or request that the first floor to stay commercial we do not have an exact plan as to

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what that will be because the RCO is assisting us with finding a proper tenant to match their needs

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and we may have to come back before the board for that specific commercial property on the first

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floor however with regards to the other two units the other four units on the second and third floor

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that's specifically what we're asking

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with regards to the variance for

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this is a heavily populated

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very dense area

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this is a common

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problem for

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properties in this area

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but based on our multiple conversations

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and our RCO meeting

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it is our understanding

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that the

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community is definitely in support

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and would like for us

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to proceed

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with this because that area still has a lot of uh drug influence in that area and there are some

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still some abandoned properties and would like to essentially take this property out of that

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particular uh status it's been vacant for about 10 years my client did purchase the property and

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spent some money um trying to not even trying accomplishing the make safe uh process and uh

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Since that's done, we're now asking the panel to grant us this particular variance.

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So there was a first floor commercial and two family dwellings on the third floor,

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two family dwellings on the second floor?

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Yes, Your Honor.

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So you're asking to legalize this?

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Yeah, it was already in my, it's my understanding from the previous, from my research, that it was like that in 1997, or was zoned for either three, four, or five units in 1997.

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Yeah, it was already in my, it's my understanding from the previous

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I just didn't quite understand.

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But it was already zoned for commercial on the first floor as a barbershop, and at least three to five units on the second and third floor.

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it's my understanding that it's four but i don't want to misspeak and we're just asking the panel

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or the board rather to just uh uh grant us the variance that has already been granted pretty

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much in 1997 i also have a um a architect that would like to chime in if possible and he may be

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able to assist us with sharing the documents he was a gentleman that called earlier um a little

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early before the time frank i don't want to mispronounce his last name so if it's okay

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at some point i'd like to ask the board to allow him to speak whenever the board feels fit before

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we get mr cuthbert on uh are there questions from the board because i'm not sure if we even

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i don't know if we need to know i'm a little confused about this to be honest with you i am

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too we're we're being asked to say yes to something that was already said yes to

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was the prior use abandoned yes it was vacant that's correct it was vacant the entire building

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yes it was actually in disrepair and my client that's when my client purchased it

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2018

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and that's when he started to

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make it

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do the make safe procedures

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so you're doing a rehab

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you're rehabbing it

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you want to rehab it

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let me finish Mr. Lambert please

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your client wants to rehab this

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back to the use

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that it once

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occupied two

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family dwelling on the second and two family

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dwelling on the third with commercial

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on the first floor

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Yes, sir.

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All right.

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Is your client there?

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He's right here, sir.

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Well, why don't we get him?

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We'll swear him in.

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You can ask if he adopts your testimony.

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Hi.

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My name is Guy Halperin.

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Guy, D-U-Y.

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Halperin is H-A-L-P-E-R-I-N, 1525 Stoney Lane, Philadelphia, 19115.

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this is my address and you swear and affirm to tell the truth the whole truth and nothing but

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the truth well and i would i would like to say some some stuff if possible well before you say

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some stuff let mr lambert ask the question if you've you heard his testimony mr lambert thank

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you i'm not going to do your job so please help us thank you sir sir mr guy alfred you've heard

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my testimony today have you heard it in its entirety yes uh do you adopt everything that i've

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