civus
Hearing video

ZBA Hearing - August 9, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 9, 20235h 36m

There's parking on both sides of the street, leaving only one lane for traffic.

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And if you notice from the pictures that were presented by Ms. Chestnut, you'll see that the street is pretty well filled with cars because there's no off-street parking, so the residents use the block for parking.

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And as far as the neighborhood parking lot, if one were to look more closely, and I've been in that lot many times trying to find parking, it is most regularly filled by people attending either the restaurants in the neighborhood, the bars in the neighborhood, the businesses in the neighborhood, or the immediately adjacent fitness center.

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So that lot is, and it's not one that is right next to the property, it's actually around the corner and has to be walked to.

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We had a community meeting, as I mentioned, of those people who attended, there were 23 near neighbors comprising 16 households, all of whom voted to oppose the requested special exception.

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And I mentioned, and you mentioned the six letters that were submitted also in opposition.

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We had six members of our zoning committee present, all of whom also voted to oppose.

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There were no votes at any time at this meeting for any support for the proposed special exception.

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It's believed that granting this special exception will have a substantial detriment in the community.

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Thank you, Mr. Pincus, for taking the time to call us.

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Thank you, Mr. Chairman.

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Is there anyone else in the virtual audience?

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Yes, sir, a Teresa Spross. I have allowed them to speak.

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

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Hello?

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Teresa Spross, are you still available?

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hello

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could you state your name please

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and spell for the court sonographer

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Teresa Spross

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T-H-E-R-E-S-A

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Spross

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S-P-R-O-S-S

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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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are you a neighbor

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I am

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are you in favor of the project or against

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against

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I would like to have

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Can I add a couple of little items?

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You could add items that have not already been covered.

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Well, I just wanted to say that the property, the commercial parts of the street don't stop where she pointed out.

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Actually, I live directly across the street and there's another home that's across the street.

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So there are more houses than she's indicating on that side of the street.

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OK, so I just want to thank you very much for taking the time to call and we appreciate your comments.

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Is there anyone else in the virtual audience?

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Yes, Mr. Chair, I have Charles Richardson with the hand raised. I've allowed them to speak at this time.

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Morning, Mr. Richardson. Could you state your name, please, and spell for the court stenographer?

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Good morning, Mr. Chair. Charles Richardson from the Office of Councilwoman Cindy Bass.

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Richardson spelled R-I-C-H-A-R-D-S-O-N, room 508 City Hall. You swear affirm the whole truth,

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nothing but the truth. I do. Proceed, sir. Housewoman is opposed to granting this special

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exception. We've been receiving a lot of, and when I say a lot of, I have at least 30 complaints

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in our system since April of this year about this property and about the things that they have been

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doing to the community. It seems that they ran a daycare, but a daycare does not have the same

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type of volume of traffic or anything along those lines as an event space does. And these folks have

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been contributing to congestion, the things that Ms. Chestnut tried to go over, but everything that

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that she said that they don't do, they do.

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The congestion, overcrowding,

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whether it injures the folks that live on that block,

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whether the comprehensive plan says it wants to do

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the wonderful things that it wants to do.

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It has nothing to do with the fact that these people

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have been inconvenienced by this venue.

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by this venue. In fact, they have been operating illegally since March or April, and they were

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In fact, they have been operating

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informed of that because we have sent them email with regard to the fact that they needed to not

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conduct any further events because of the fact that they were not in compliance. It was mentioned

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that they thought that something was, that they thought that they were in compliance because of

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certain factors that was at the community meeting. I did not attend, but I was apprised of everything

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that was said. And, you know, and we informed them that they were not. And they went forward

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anyway and have continued to. And I've also been informed from the notes of the community meeting

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that they have events already planned for the future. It's not a place where they need to be,

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you know, if they need to do an event space, they need to do it elsewhere other than at that

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location. Thank you, Mr. Richardson. We appreciate your comments. Is there anyone else in the virtual

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audience? Yes, sir. Sidney Blackwell, with their hand raised, I have allowed them to speak.

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

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Always. They put their hand down, so there's no further hands. You can make proceed.

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Any more further hands? No, sir. Okay. Planning Commission.

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Thank you, Mr. Chairman, and good morning, David Decto with the City Planning Commission.

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The comprehensive plan recommends no change to the commercial mixed use zoning at this location.

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The appellant has shown that the proposed assembly and entertainment will have no detrimental impacts beyond what might be expected from this use.

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We understand the neighbor's concerns, but we have not seen any recent code enforcement violations in the city's Atlas website.

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uh the city planning commission recommends the board grant the proposed special exception for

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assembly and entertainment mi 2022 007 4505-07 west mount area avenue i vote no

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thomas holloman my vote is no

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james snow my vote is no

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ishmael shaheed my vote is no

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Thank you, counsel.

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Thank you, sir.

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Number five, MI 2022, 004-477-2633, Oxford Street.

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Donald Funk is the attorney.

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We have letter of opposition from Bridesburg Community Action Alliance.

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We have letters of opposition from two neighbors on the same block,

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including an adjacent

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neighbor

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Donald

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Funk is the attorney

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they'll be rejoining

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as a panelist sir

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Mr. Funk, are you available?

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Mr. Funk, you're muted.

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Can you hear me now?

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We can hear you.

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Are you on the video?

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Do you have a video?

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I'm trying to get that on, too.

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I was trying to.

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Bear with me.

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It should show up.

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Mr. Funk, it should be a little icon at the bottom that says start video.

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You will have to click on that.

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Yes.

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It is.

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Mr. Funk, I'm going to call you back in 10 minutes.

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I have one.

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I apologize.

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We're going to call you back.

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Number 14, MI 2022-003-935-2627 West Oxford Street.

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Raymond Arrizio is the attorney.

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So the coordinating RCO, which is Brewery Town,

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The coordinating RCO, which is Brewery Town-Chargewood Community Civic Association, has voted 20 in support, 1 in opposition.

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Shardswood Community Civic Association.

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Also, the applicant has provided a letter of support from the neighbor on the block.

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Mr. DiRizio.

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we'll be back in as a panelist now

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so the owners are showing up as ray maybe we're using his link um this is the ratio there

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is that the owners of the properties using mr devizio's link

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Yes, this is the link that he provided.

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Would that prevent him from getting back in?

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Because he said he was in.

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No, that won't prevent him.

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We're about to promote him now to panelists.

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Okay, so he's in.

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Yes, Chair, he'll be coming back in as a panelist.

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Thank you.

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Yes.

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Mr. D'Orizio, could you state your name, please?

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Still waiting for him to promote.

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He'll be back in.

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Thank you.

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Raymond D'Orizio, spelled D-O-R-I-Z-I-O.

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My address is to Penn Center, Suite 520, Philadelphia 19102.

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Thank you for your patience.

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I'm here on 2627.

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All right.

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Do you swear to tell the truth, the whole truth, the whole truth, the whole truth?

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My clients should be here.

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That's Verne and Kevin Dixon.

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They're the applicants and owner.

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

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So if I can bring up the screen here.

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Mr. DiRizio, can you hear me?

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I will show my package. Mr. DiRizio, Mr. DiRizio, Mr. DiRizio, Mr. DiRizio, you're not listening.

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I'm not very, uh, oops, sorry. DiRizio? I don't think his audio is lurking.

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Advantageous. I don't think he can hear you, Chair. Due to circumstances.

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Okay, no, Mr. DiRizio, we can't, we're not going to, we can't hear the case. We can't hear you.

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Hold on, sir.

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Okay.

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Sorry about that.

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Okay.

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So 2627 West Oxford.

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Hold on, Mr. Derezzio.

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Mr. Derezzio, can you hear me?

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Refusal was for denied because there were going to be consumer goods that are being proposed on the first floor.

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No, no.

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Mr. Derezzio.

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Block him out.

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Put the complaints on.

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Start on the first floor.

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I have the deed there that I'm showing.

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I'm sorry.

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Mr. Derezzio, we can't hear you.

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I just chatted with him, letting him know that we're unable to, he's unable to hear.

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Hello.

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We can't hear you, sir.

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All right.

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Hi.

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Oh, my God.

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So, Hillary, we're going to continue this.

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Okay, Mr. Chair.

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All right.

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So, MI 2022-003-935-2627 West Oxford Street.

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The case is continued.

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we cannot communicate with the attorney.

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Thank you.

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And then we're going to go back here to

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MI 2022 004 477 2633 Oxford Street.

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Donald Funk is the attorney.

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There's opposition from Bridesburg,

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opposition from neighbors.

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Mr. Funk, Donald Funk will be coming back in as an analyst.

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Mr. Chair, I just want to note that this is Orthodox Street and not Oxford Street.

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Oh, I'm sorry. I'm sorry. Thank you. I just got off of Oxford. I'm sorry.

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Hello, sir. This is...

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Can you hear us?

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Yes, I can hear you.

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

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my name is donald funk last name is f-u-n-k right do you swear for him to tell the truth

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the whole truth nothing but the truth yes sir my mr funk do you have a video i'm trying to

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get my camera to work and for some reason it won't work um are you going to be able to present the

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case? I'm trying my best. If you give me, for some reason, the Zoom would not, it wouldn't,

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it wouldn't allow.

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It wouldn't allow me to work it.

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Okay.

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Is he able to share his screen?

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This is Hillary.

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That's what I'm trying to figure out.

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Can you share your screen?

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