civus
Hearing video

ZBA Hearing - September 25, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 25, 20248h 45m

Thank you.

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chair we have 30 attendees you can proceed as you wish thank you good morning everyone my name

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is bill bergman and i will be chairing this morning's eba hearings with me is our board

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member, Cheryl L. Gaston. Present Mr. Chairman. Our board member, Tanetta Graham.

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Chairman. Our board member, Michael Johns. Present Mr. Chairman. And our board member,

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Ty O'Wynn. Ty should be on very shortly. Also here is our attorney, Hilly Emerson,

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and also Kathleen Grady, our deputy director for planning and zone.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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The video will be available by contacting ZBA Executive Director at phil.gov.

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

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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

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

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And finally, the question box on the screen is not for testimony.

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All comments and testimony should be directed to Catherine Grady, our Deputy Director.

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Here's our virtual. Let's look at our schedule for today.

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Number one, MI 2023-007-273-2136 West Erie Avenue. That case is continued.

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Number three, MI 2024, 000056, 1329 Levick Street.

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This case has been rescheduled to Wednesday, October 30th at 930.

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And number 18.

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18. MI 2024-002-922-2123-25 Clearfield Street. This case has been continued. Are there any

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other requests for continuance? Good morning, Mr. Chair. This is Jason Hand. I will be your

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co-host for today. Good morning, Jason. I have a hand up from Mr. Vern Anastasio. He's been

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allowed to speak. Good morning, Mr. Chair. Vern, could you please state your name and spell for

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the court stenographer? Yes, sir. It's Vern Anastasio, V-E-R-N, last name A-N-A-S-T-A-S-I-O.

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

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Yes, sir. What case are you interested in, sir?

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I've got a couple, sir.

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4219 Main Street.

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On behalf of my client, Nikita Peterson, I'm asking for a continuance.

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We are in discussions with the RCO, and we're…

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What number is that, Hillary?

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I see it.

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Number nine.

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So number nine, MI 2024, 002-521-42119 Main Street.

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That case is continued.

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Thank you.

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And the other one.

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Yep.

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Just one more.

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2228 South 12th Street.

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The applicant, Mr. Justin Bonner, recently hired my firm to take over the case.

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And we do need to still meet with the RCO.

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that's number five Mr. Chair

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okay that's 2228 South 12th Street am I correct that's correct so

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2228 South 12th Street, am I correct?

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That's correct.

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So MI 2024-000-374-2228 South 12th Street, that case should continue.

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Thank you.

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Thank you.

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Any other requests for continuance?

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Yes, sir.

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I have a Tony Neng with their hand raised.

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I have allowed them to speak.

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Hi.

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sir your your case is going to be voted on today yeah yes that's what i say okay so you you don't

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you don't have to be on your case will be voted on very shortly okay thanks all right thank you

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any other continuities

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i don't see any further hands at this time so i have a few cases without exhibits

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Exhibits number four, MI 2024, 000059, 1933, North 24th Street.

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This is the second listing.

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No one appeared the first time.

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We do not have exhibits.

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Keystone Property, LLC, is the listed owner.

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Dwyer and Wood, LLC, DBA are the contractors.

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No hands raised for this matter, Mr. Chair.

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So number four, MI 2024, 000059, 1933 North 24th Street.

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This is the second listing, no exhibits, no one appeared the first time.

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I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Senator Graham, my vote is to dismiss.

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I owe him my business to dismiss.

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So, Hillary, number seven, we have an interpreter for that, and we have no exhibits. Am I correct?

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That is correct, Mr. Chair.

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So, number seven, MI 2024, 001188, 4220 Holmesburg Avenue.

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We have an interpreter.

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Please, could the interpreter please come forward?

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Franklin Castillo is the listed applicant.

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Could we do have with you the interpreter swearing in?

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I can, excuse me, I can get that for you, Mr. Chair.

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Interpreter, please.

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Steve, last name beginning in A, could you please?

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Hello, my name is Steven, and I'll be your Spanish interpreter.

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

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Yes, my name is Steven, S-T-E-V-E-N, and last name Aubain, A-U-B-A-I-N, interpreter ID.

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One minute, we'll have your swearing in.

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Okay.

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sorry sir takes so long

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um sorry mr chair um the then excuse me the oath is if uh to swear and affirm to faithfully

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interpret um spanish into english and english into spanish i do

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Thank you very much

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Franklin

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We want to call now Franklin Castillo

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Who is the listed applicant

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Así que si Franklin Castillo

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Puede presentarse

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No hands have been raised

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For this matter sir

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No hands

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No sir

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This is the third listing

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So interpreter, please read MI 2024-001-188-4220-Holmesburg Avenue.

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Third listing, I vote to dismiss.

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Could you please read that for us?

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Asi que MI 2024-001-188-4220-Holmesburg Avenida

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hemos votado para despedir el caso.

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with johns my vote is to dismiss

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cheryl gaston my vote is to dismiss

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tenetta graham my vote is to dismiss

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iowen my vote is to dismiss

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interpreter thank you very much thank you for using the service

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excuse me mr chair um mr robin can you just indicate that this case has been in has been

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dismissed by the board

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Este caso ha sido despedido por la junta.

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Este caso ha sido despedido por la Junta.

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Thank you.

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Do you require for the interpretation?

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No, but thank you very much.

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Thank you.

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We're going to go to our add-on list.

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So MI 2024-002-709-4511 Sampson Street, I vote no.

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Charles, my vote is no.

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Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is no.

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Taya Nguyen, my vote is no.

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Number two, MI 2024, 003-175-6709 Essington Avenue.

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We're going to continue this.

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Am I correct, Hillary?

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Yes, that's going to be continued for one week.

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we need further clarification. Thank you. We will vote on this case October 2nd at 9.30 a.m.

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Now we're going to go here. We're going to go to our regular list. Number two. Oh, no,

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July 2024, 002-893-1815 South 17th Street.

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We do have an interpreter scheduled for this.

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Interpreter, if you're in the audience, please raise your virtual hand.

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we're seeking the vietnamese interpreter we are

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again the vietnamese interpreter could you please raise your virtual hand

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no hands raised mr chair we've received confirmation board uh myself and miss emerson

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and the zba um but they're not raising their hand and we don't have a contact name

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we'll continue this um let's just see if the see if the applicants

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are here sure the et noggin and naga din

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they have been allowed to speak

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i could you please state your name and spell for the court stenographer

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could you spell your name please

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hi um my name is mitchell m-i-t-c-h-e-l-l uh i can be the translator for them no we can't we

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we can't we have to have one we have to have a court can we push this to the end chair and then

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i can uh contact sure why don't we do that yeah okay thank you very much they move to number number

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Number 12, MI 2024-002-622-10916, Nandina Lane, Amin Safav is the owner applicant.

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good morning chair good morning board members hi um are you hamas are you the owner sir correct

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I'm Hamza.

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Okay.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Could you please spell your name for the court stenographer?

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Hamza Ayada.

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H-A-M-Z-A-A-Y-A-Y-D-A-H.

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The application is for the elimination of one.

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Sorry, excuse me, Mr. Chair.

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um we have the property owner for this case listed as ameen safaiv yep yeah that's that's

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We have the property owner for this case listed as Amin Safaib.

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the property owner you i don't i don't have you listed as the property owner correct i'm the

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applicant hansa so sir while you completed the application you're not considered the the

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applicant this is not your property the property owner is the one that needs to make the presentation

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um okay i can let him uh join um you can if you can share the screen for him and show the exhibits

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if you'd like but he has to do the testifying only an attorney can represent somebody before

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the board oh okay can he can we you know have some time so i can bring him in person

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um yes we can move this one to the end as well yep all right all right thank you thank you number 14.

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mi 2024 002796 3063 north 26th street kenneth key and gifty key

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they'll be rejoining as a panel shortly

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they've been about to speak

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Good morning. This is Kenneth Key, the owner. How is everyone?

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Good morning. Hi, could you please state your name and spell for the court stenographer?

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Yes, my name is Kenneth Key, K-E-N-N-E-T-H-K-E-Y.

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

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I do.

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Could you please put your video on?

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Okay.

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Excuse me, Mr. Chair. I would have to promote him to a panelist before he can be allowed to show us a video. I'm sorry about that, Mr. Kea.

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That's okay. That's fine. Thank you, Jason.

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Okay.

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All right.

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And now my video.

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Good morning. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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So this application is for use as a two-family household living in an existing structure.

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Two-family household living is prohibited in the RSA 5 zoning district, but you do have unanimous support from Community Action Group.

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Okay, but please start your show your screen, show your documents and start your presentation.

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okay let me um let me share my screen real quick yep should be a green button on the bottom there

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green button on the bottom you know what i'm enlarging looking for oh green button on the

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bottom i see it and i'm going to share i'm going to hit share desktop yeah yeah you're good you're

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good it's coming up all right so i'm just going to close out this and i'm going to close out my

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application i'm going to start off with um first please tell me if you can see my screen

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you see your screen okay great now these documents that i'm going to be presenting

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um have already been submitted we have your documents great so you can move through them

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quickly great well you have the documents um you know the address and you understand what i'm

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trying to do well um i'm not gonna take up a lot of your time with uh explain going over the

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documents again i'll just um you know briefly i show you a few pictures of the property

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and ask any questions, answer any questions that you may have, you know,

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