civus
Hearing video

ZBA Hearing - February 12, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 12, 20255h 35m

so we want to support black business what what i think happened is that um the we

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is that we specifically asked were there any near neighbors

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who are participating in the meeting, and there were none.

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And so the attorney and the owner shared a list of people

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that they said they reached out to.

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Ms. McGinn was one of them.

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I called Ms. McGinn to confirm that she had indeed signed a petition.

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and she said she had not okay so since that time the attorney and um the the owner have reached

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out to miss mcginn and she communicated this with me that she was in support but she was not aware

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that she signed a position that she hadn't shared let me just say one last thing this has been going

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on since july of last year um and so i'm not sure that without near neighbors voicing their

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support or opposition for this proposal that it feels comfortable to me okay so i'm i'm neutral

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all right but i would really like to hear from more near neighbors miss mcginn is a business

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owner. She does not live in the community. All right. Thank you, Mr. Allen. Thank you very much

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taking your time. Is there anyone else in the virtual audience? Yes, Joaquin Nicholson.

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

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Yes, Joaquin Nicholson, J-E-H-O-I-A-C-H-I-M, last name Nicholson, N-I-C-H-O-L-S-O-N.

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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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Yes.

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Mr. Nicholson, are you a neighbor?

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So I am currently the director of equitable developments and state representative of Morgan

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Sevis' office.

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Okay, sure, sure.

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So this is pretty much our district, the 192nd District.

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And although we're not allowed to take a stance, based on the community feedback, we just would

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like to see another RCO meeting held.

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on behalf of the business.

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Thank you for your comments very much.

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Is there anyone else in the virtual audience?

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No further hands, Mr. Chair.

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Planning Commission.

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Ron Bednar, City Planning.

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The property is indicated for commercial mixed use

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on the city plan or adopted district plan

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recommends no change to the existing zoning at this location.

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The applicant's hardship is not supported

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with evidence of unique circumstances

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that would prevent it from being in conformity with the use permit requirements of the code.

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Therefore, we recommend the request for variance not be granted.

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Counsel, do you have any comments about the person from the state rep's office?

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Commissioner, we noticed 114 residences beside the business.

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It is my position that this is a business that's operated in this community for a long time.

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If the residents of this community were against the proposed use, I'm sure they would have come out to express their opposition.

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As you can see, there were only two individuals that came out.

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One had no opposition.

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One did oppose.

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The Mrs. Bridget McGinn, who has a business directly across the street, testified favorably in regard to the business operating there and providing good service.

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This is a longstanding business since 1950, which was built as an auto service garage.

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We're not asking to increase the business.

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We're not asking for any new construction.

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The footprint of the building would remain the same. There's no density issues. There are no complaints about noxious fumes or smells, no working outside. And the shape and the configuration of this property is clearly suitable and amenable to an auto service garage.

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No one here today has voiced any opposition to the requested use or indicated that my client is a bad neighbor or a bad service provider.

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This building has a history of auto repair use for almost 75 years.

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And I would respectfully request that my clients be allowed to use it as an auto service garage.

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Thank you. MI 2024-002-446-1715 North 56th Street, I vote yes.

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Jones, my vote is yes.

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Jones, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Iowyn, my vote is yes.

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Thank you, counsel.

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Thank you very much, commissioners.

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Excuse me, Mr. Chair, before we move on, we do have an additional continuance request I was just advised of.

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Number seven on the list, MI-2025-000153, 1333 South 9th Street.

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The attorney for the applicant in that case has requested a continuance.

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So MI-2025-00153-1333 South Lane Street, cases continue to 7.3025 at 3.30 p.m.

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Number six, MI-2024-006057-6213 Hasbrook Avenue.

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Joseph Vaccaro is the attorney.

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there's a letter of non-opposition from

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Longcrest Community Civic Community

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Association

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they'll be coming back in as a panel

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shortly Mr. Chair

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good afternoon can you see me and hear me

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I see you and I hear

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you counsel could you please state your name

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it's spelled for the court sonographer good afternoon may it please the board my name is

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joseph vaccaro v-a-c-c-a-r-o attorney for the applicant v and c properties uh sitting to my

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left i have hold on hold on hold on a moment let's let's do you first do you swear or firm

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to tell the truth the whole truth nothing but the truth yes i do and um uh our our board member

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Graham has a few questions for you before we start. Good afternoon. Did you submit your

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documents five days in advance of the hearing? Yes, I did. And I supplemented those documents

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with the proof of mailing this afternoon. Okay, thank you. And do you agree to waive the reading

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of the refusal and do you stipulate to its accuracy? Yes, I do. Okay, you can share your

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screen and proceed. Thank you. Thank you. As I stated, I have the corporate, the LLC's member of

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Vialca Garcia seated to my left. She is, she's not an English speaker, but I've explained everything

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to her. If I could share my screen, this is an application to legalize a deck in the back of her

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house. Can you see a deed? We see your deed, sir. Okay, so I could scroll through my exhibits.

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This is, although the property is owned by V&C Property Incorporation, this is Mrs. Garcia's

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home. She's married. She has three children, 12, 14, and 17, as well as two grandchildren.

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So, the family lives in this house at 6213 Hasbro.

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It's a single-family row home, zoned as RSA 5.

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She had purchased it on March 18th of 2022 from Michael Wajda, scrolling down through

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the deed.

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she has tax clearance through march 6 of 2025 and the refusal when she had purchased the property

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the uh again here we're here to legalize a deck uh when she had purchased the property the

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foundations for the deck were already included she assumed that since the foundations for the

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deck were already on the property. She built the deck. And much to her surprise, she didn't realize

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that the deck had no zoning. So she put in the application, refusal, applications of the zoning

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board with the project information form. She had met with the coordinating RCO.

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And we have 40 people participated at the RCO meeting, and there was no opposition.

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The meeting took place in November of 2024, and a motion was made not to oppose the granting

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of the variance, 40 to nothing, Lawn Crest Community Association.

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um going further down we have the plans

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to confirm the deck i'm going to here's a plan of the existing building front yard

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hasbrook avenue and there's a back alley here's the proposal here's the deck that we're seeking

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Here's the deck that we're seeking to have legalized with a staircase.

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to have legalized

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with

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The back alley is a dead end, so there's no through traffic going through.

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Here's a view of the back, staircase, deck, door, and the other door that leads to the deck.

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Additional plans, if I could zoom out.

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and here are some photographs which i could zoom in on

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this is the back again this is the wall

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to the neighboring property as i said this is uh it's a dead end alley so there's no through traffic

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going in going going through other views

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so yes mr bergman i'm could you go back i'm having a hard time looking at this deck sure

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so here's a view here's a view of the stairs

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oh okay i i got it okay yeah i got i see i see it okay so i'm just scrolling down

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various views of the deck this was not we were not trespassing on the neighboring property but

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this is on the uh from the back alley as i said this is the debt uh where that chair is

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it's a wall so there is no through traffic on this alley

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again

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this is the front of the house

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where she had put the poster

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notifying the near neighbors

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of the hearing this afternoon.

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And that's basically it here.

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We're just trying to legalize this deck.

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Any questions or...

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Well, why don't we do this first?

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You're as an officer of the court,

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you're going to, it's your testimony.

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right yes sir okay um questions from the board

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um yes um you said that something was there already and that gave your foundation the

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foundation to the deck yes okay um and do we have any interior pictures so we can see how the

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deck is accessed. It can only be accessed from the

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front end of the property besides these steps.

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It could only be accessed from the deck.

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I showed you back in my pictures. There's a door.

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If you could look through the fence. Here you go.

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My cursor is over. There's a door.

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I could show you the plans.

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Over here. My cursor is floating over the door. So there's the back of her house. We didn't take any photos of the inside of the house, but to the back of her house, she has a door, like a sliding door. It's a sliding door that goes from the inside of her house onto the deck.

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I could show you on the plans.

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You see where it says NWD-1?

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It's a sliding door.

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Okay.

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Okay.

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So there are two ways to access the deck.

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The sliding door from inside the house, and from outside the house, you have the stairs that go up.

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Okay.

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any other questions from the board questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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i do not see any hands raised mr chair planning commission this is a ron bednar city planning

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the property is indicated sorry the property is indicated for residential on the city plan

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this is a common condition in the neighborhood

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therefore we recommend the request

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of variance to be granted

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MI 2024

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006057

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6213 Hasbrook

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Avenue I vote yes

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my vote is yes

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Cheryl Gaston I voted

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no

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Tannetta Graham my vote is yes

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my vote is yes

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I didn't hit on mute.

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I didn't hit on mute.

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Thank you.

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Thank you.

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Thank you, Mr. Vaccaro.

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Thank you, Mr. Vaccaro.

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You have your votes.

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You have your votes.

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Thank you very much.

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Have a good evening.

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Okay.

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Is there anyone in the audience from the 330 list whose case has not been heard?

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I do not see any hands, Mr. Chair.

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Thank you, Jason.

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Thank you, everybody.

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We got done earlier than we do, and we don't have a delay.

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We need a delay every week.

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I don't say that.

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Thank you, everybody.

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