civus
Hearing video

ZBA Hearing - May 29, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 29, 20244h 53m

Hi, could you state your name and spell it for the court stenographer?

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Chantal Samuels.

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It's C-H-A-N-T-O-L.

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Last name.

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Go ahead.

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S-A-M-U-E-L-S.

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Right.

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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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Affirmed.

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Okay, so this application is for use as a personal care home in an existing structure.

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The proposed use personal care home requires special exception approval in the RSA-3 zoning district.

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Our vice chair has a few questions for you.

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Okay.

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Good afternoon, ma'am.

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Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case?

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five days in advance of this hearing yes thank you please proceed and share your screen okay just one

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green button at the bottom okay i found it

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Hello?

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I've never done this on Zoom before.

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I apologize.

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Okay.

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So you got to put your documents up first and then share a screen.

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Okay.

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All right.

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Let me see if it works now.

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Share.

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Screen.

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Okay.

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There we go.

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Let's start now.

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Can we see?

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No, we can't see. We see you.

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Oh, God.

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Are you using a PC or a Mac?

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You, you blanked out. Could you say it again, please?

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We even lost her audio.

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All right.

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Ms. Samuels?

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Yes. Can you hear me now?

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Yeah, we can hear you. What kind of computer are you using?

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I'm using my Chromebook.

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I'm using my Chromebook.

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Okay.

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Okay. So what you want to do is...

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So what you want to do is stop sharing.

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Okay.

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Cancel.

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Okay.

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Open your documents and then start sharing again.

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Okay.

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All right.

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I did that.

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there it goes here we go

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I'm not sure if you can see it clearly

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it looks kind of pixelated on my

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end

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so do you have a picture of your building

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because we have all the forms

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uh i do but i'm not it's not coming up on my end so i'm not sure if you can

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see it can you see it and there's there's everything is just blurry

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i yeah it's blurry for me too so i'm not sure okay um what's happening

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but that was definitely in all the required paperwork um so so here here's what i think

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we're going to have to do. We have a very long, we have a very, I can't continue to later because

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we have a very long case. Okay. I'm going to, I'm going to continue your case. You can call the

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office and we'll try to see if we can't figure a way with our IT person and make sure that your

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computer's set for the next time. And we'll try to get you, we'll try to get you back in as quick

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as possible, but we're going to have to continue it today. Okay. Okay. No problem. Thank you so

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No, no, no, thank you. So MI 2023-003-577-1007-East Quarter Street, the case has been continued. Thank you very much for working with us.

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Number eight, MI 2023-007-020-508-14 Moore Street.

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Darwin Beauvais

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and Mr. Masters

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Mr. Masters, could you state your name and spell it please for the court synopsis?

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Good afternoon, Mr. Chair. Can you hear me this time?

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I can, yep. Wonderful. All right, we're starting off good.

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My name is Steve Masters, S-T-E-V-E-M-A-S-T-E-R-S, with the law firm of JustLaws.

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Right.

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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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I do.

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Okay.

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Mr. Beauvais, you've already been sworn in.

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Could you please just state your name for the record?

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Yes.

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Darwin Beauvais, B-E-A-U-V, as in Victory, A-I-S, as in Sam.

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Representing that.

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All right. So I know Hillary's been in communication with both of you. We're looking for 30 minutes for additional witnesses with the Protestants, and then we're going to take public testimony, but no more than an hour. So it'll be 30 minutes and then 30 minutes, okay?

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Yes.

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All right. So to start. So, Mr. Masters, you gave us a motion to strike John Disley's testimony. Is that correct?

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That's correct.

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Okay. So the protestant's motion to strike the record of John Disley's testimony in the letter from the Dickinson Square Civic Association is denied. The board will access the weight and credibility of Mr. Disley's testimony and the RCO's letter in light of all the evidence and testimony that is part of the record in this matter.

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Okay.

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Okay.

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Did you hear that, Darwin?

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Yes.

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Okay. And I understand where we are in this. Christopher Nevin, who was Darwin's, was Mr. Masters' witness, will be crossed by Darwin. Is that correct?

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Yes.

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Christopher Nevin, please.

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They have been allowed to speak.

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Mr. Nevin, could you please state your name and spell for the court stenographer?

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Christopher Nevin, C-H-R-I-S-T-O-P-H-E-R-N-E-V-I-N.

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Right. Do 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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Mr. Bovee has several questions for you, sir.

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Mr. Beauvais has several questions for you, sir.

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Sure.

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Sure.

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Yeah.

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If I can share my screen.

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Can you see this letter?

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Yes.

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Okay.

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Do you remember ever seeing this letter?

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Yes.

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Okay.

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Okay. And what date? Do you remember the date of the letter? Or you can obviously say it was sent in December.

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Yeah, I got it. I would say that first week in January or last week in December, something like that.

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All right. So I would also bring the court's attention or bring your attention to, I believe, your petition.

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This is what you sent out, correct?

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Yep.

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I guess I'm just a little bit curious as to the questions that you asked.

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I believe this column here, you said, were you aware of this project?

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Yeah, like I said, sorry, go ahead.

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Why would you tell people if they were aware of the project?

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And even you are saying you weren't aware of the project when you got notice of the letter.

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yeah so like i said last time i know it was a bit ambiguous because i was looking to communicate

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my intention of this petition mainly was from mr disley's testimony saying hey i went out i

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communicated with people i knocked on doors and all this and i from what i was trying to express

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was yes i was aware that there was going to be an rco meeting but no awareness of what the details

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of the project was well isn't that the purpose of the letter for you to give you notice so you

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can come and find out uh so my other question is uh i notice it looks like i'm assuming right now

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so this is my question and i'm assuming this because you're the first signator on this it

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it looks like you wrote like 90% of this,

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of the addresses and names, is that correct?

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I wrote the names, yeah, and then let them,

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and then I wrote basically, let me say,

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yeah, the addresses and print it and names,

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and then gave it to the person to say,

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went through the questions with the person to sign off on.

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so everyone so i just want to go over

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this is a letter of sort of proof of mailing certificates of mailing and in the interest of

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time mr chair i'm not sure where darwin is going with this but he's taking up a lot of the time

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that has been allocated to objectors and it doesn't appear to be i have the right to cross

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but he's not crossing he's not he's not both you listen listen darwin i understand you have

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a right to cross i i think it's an honest question tell us where you're going with it

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unmute please

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yeah just let us know where you're going with it i mean yeah i know you have the right to cross

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but let's give me an idea where you're going. So I believe that Mr. Nevins wasn't clear enough

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to all the petitions. Okay. This first question here says, were you aware, he writes the answer

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and then he solicits a signature. So, and I was taking step by steps, but if we can just cut to

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So what is the estimate? Ask Mr. Nevin what he did there. That's all. Yeah. So, Mr. Nevin's right. It looks to me that you you did write these answers and then you spoke to the individuals for the signature.

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No, that's definitely not what happened, but it's definitely not what happened.

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All right. No other questions. Thank you very much. Steve, your next witness, please.

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uh the next witness is going to be um sarita seni

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okay and can we have a proffer

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they have been allowed to speak um can i um elevate her to a panelist

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they will be joining us as a panelist mr chairman can we have a proffer

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we have a whole she has a powerpoint presentation that she's going to walk us through

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okay um is she on hi this is Sarita hi Sarita could you state your name and spell for the

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court sonographer sure Sarita Sini s-a-r-i-t-a

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Sure. Sarita Sini, S-A-R-I-T-A-C-I-N-I.

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Do you swear or from the tell the truth, the whole truth, and nothing but the truth?

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I do.

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Mr. Masters, could you let us know what this is going to be?

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Yes. I'm going to share my screen.

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And Nassini is going to describe various safety danger issues of the near neighborhood

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and to why this facility, if it's not run properly, would be significantly harmful to the near neighbors.

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And she's also going to go through other specific details and data that she has developed.

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She is one of the near neighbors of this project.

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I object. He had that opportunity to bring expert witnesses.

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He did bring expert witnesses. So I have no I have I think this is completely out of bounds.

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Yeah. So so Steve, answer that answer his protest first there.

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uh this this um this information has been in our exhibit binder for many weeks now there's been no

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objection filed by Mr. Beauvais to this and this is the testimony of a vulnerable people in the

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vicinity of a vicinity of a facility is prima facie relevant and important for the board to

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hear so that you understand what the situation is in this community we beyond what what the what

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what the fancy buildings look like and, and what the,

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what the drawings are from the architect for, for Mr.

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Bovee, you, you are entitled. And we,

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we must be able to present evidence to you.

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So, so here, so, so, so Steve, this is where I want it to be.

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I want her to give,

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I don't want her to go point by point of all these differences,

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just a sense that there's a problems in the neighborhood.

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And then if she can find a way,

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if she can to connect that with the new building and that would be it,

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the new property.

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Does that make sense? I don't want her to go each individual thing. If she says there's, she has a fear of the neighborhoods, there's problems in the neighborhood, that's fine.

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And then if she can.

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Mr. Chair, there's also some graphics that she wants to show that would help illustrate her point.

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The graphic. Well, let's see what the graphics is first.

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Well, can we just walk her through her presentation?

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Yeah, please.

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please okay all right um um the scene you can can uh can you put your video on so we see you

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um i would prefer not to i'm sorry i wasn't oh no worries okay no worries okay um so uh can you

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can you tell the board um what brought you um what what uh research you've done into this um

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into this proposed facility to come up with the various data that you have in your PowerPoint.

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Objection.

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So, let her testify. Let her see. Let me see if she could connect it. If not,

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I'll make a ruling. Let me see what it is first, okay?

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With regards, yes, thank you. With regards to the research that was performed, it is

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publicly available information from the United States Substance Use and Mental Health Services

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