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Hearing video

ZBA Hearing - October 27, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 27, 20203h 7m

Thank you. Jason, we'll give you a few minutes before I open the session up.

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Okay, just looking over the list right now.

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Okay, Chair, you may proceed.

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Thank you.

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Before I begin, let me get my phone up here.

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Good morning, everyone.

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My name is Frank DiCicco.

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I'm the Chair of the Zoning Board of Adjustment.

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I'll be participating in this morning's hearing along with our board secretary,

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Confessor Plaza, and our board member, Mr. James Snell.

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Board administrator, Mr. Jason Hand, and our board attorney, Sharon Saleta, are also in

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attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through

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some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded.

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Fourth, anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat. For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat that as well.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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With that said, but before we begin, before we call our first case, I would like to ask if there's anyone out there who's requesting a continuance or withdrawal, so please raise your hand at this time.

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And I will now go over a list of what we understand our continuance request.

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Number three on our page, Confessor, is MI2020-000916, 2616 South 18th.

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Number four on our list, MI2020-000437, 2901 McKinley Street.

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Number five on our list, MI 2020-000119-3442 North 18th Street.

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number six on our list, MI 2020-001120, 348 Green Lane, MI 2020-001123, 5201 Germantown Avenue

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is being continued because we do not have any exhibits. MI 2020-000203-53862 Avenue.

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Number 10 on our list, MI 2020-000970-6164 Walnut Street.

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as a request i'm sorry um i just wanted to say that the um attorney did submit the exhibits

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so um the request is from the councilwoman right but i on i understand there may not be

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any letters from the rco on this case um we would have to call up both the questioning and

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on this case yes okay so all right so i'll put that aside for the time being

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yeah you could read it and let him come up and explain if he got it

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okay so mi 2020-000970 6164 walnut street there's a request for a continuance from count

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6164 Walnut Street, there's a request for continuance from Councilwoman Gauthier and number 11 on our list, MI 2020-0007549509, Wheel Pump Lane is withdrawn.

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If there's an attorney and or an applicant who represents any of the cases that I read into the record as being continued or withdrawn, if there's any disagreement with that, please raise your hand.

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Excuse me. We would have to call up before making a decision on the continuance for Walnut Street, if you could call up attorney Vern Anastasio, who represents the applicant.

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I was asking generally

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okay is Mr. Anastasio

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available

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Mr. Chairman real quick do we have a court reporter

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on today

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I don't see her but she was

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yes I'm here

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great thank you

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Mr. Anastasio

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I'm going to look for him and I'll promote him

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to panelists

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he has been promoted to panelists thank you mr anastasio if you're out there you may unmute

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yourself and make your case sir thank you very much anastasio please identify yourself with the

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record spell your name for the stenographer good morning mr chairman members of the board verne

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anastasio the attorney for the owner of the subject property of walnut street 6164 1315 walnut

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street is my address suite 1006 philadelphia 19107 mr chairman uh this is your name last name

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please verne for this oh i'm sorry a-n-a-s-t-a-s-i-o and i swear and affirm to tell the truth

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the whole truth nothing but the truth i do please proceed thank you uh we did in fact meet with the

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rco achieve achievability uh they have not issued we have asked over the last several days

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we have asked for a letter we know one way or the other we have yet to get that i'm not

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i'm not necessarily opposed to the continuance if it came from the council person's office

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so long as it's a short one if if that's uh doable uh let me ask this uh is there

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anyone from the councilwoman's office mr goodman i'm wondering if the request was

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only being made by the councilwoman because there was no letter i don't know that to be true i'm

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just curious if that's the reason why yeah i i don't know like i said this is a news to me that

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there was going to be a request to continue um this is sharon slid i can read you the um email

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from andrew goodman that we received late yesterday afternoon let's see we expect the following case

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to be continued because we have no record of rco letters if they proceed without fulfilling the rco

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requirement our office opposes that was for 6164 walnut well we could still hear it and hold

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correct it sounds to me the way it sounds to me uh so that's the only reason there's a request

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because there was no letter yes and if mr anastasio confirms that there has been a meeting um yes there

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has been a meeting. We'll go forward with the case and just hold for a week or so a letter from the

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RCO. I appreciate that. For them to resume the hearing and present the letter. Yes. Okay. Thank

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you. Thank you. Anyone else out there have any objection to the cases that were called

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as being continued or withdrawn? Mr. Chair, at this time, I believe we have a

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Lee Slamowicz, whose hand is raised.

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I will promote him to the panelists right now.

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Thank you.

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Could you please unpromote me?

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Yes, sir.

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Thank you.

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Mr. Slamowicz?

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Mr. Slamowicz, you may unmute and begin to speak.

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Can you hear me now?

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Yes, sir.

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Please identify yourselves by your first and last name

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for the record and give us your address good morning Mr. Chairman Lee Shlomowitz that's L-E-E-S-H-L-A

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M as in Mary O-W-I-T-Z my address is 196 West Ashland Street in Doylestown Pennsylvania

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1-8-9-0-1 do you swear and affirm to tell the truth the whole truth nothing but the truth

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

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I do.

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I do, Mr. Chairman. Thank you.

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What case are you representing?

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I represent the owner on 1924 East Oakdale. That's D.I.Z. Holdings, LLC.

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Got you. Okay.

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I also am here on a matter for which the RCO meeting summary has not been received,

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despite otherwise written support following the RCO meeting that was duly noticed and organized.

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There's an additional issue, which is that there's an issue with the tax clearance website.

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My client, their CPA, and myself have been attempting in various ways to obtain the

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appropriate clearance. And I think we've come pretty close, but I'm sorry.

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Excuse me. Excuse me. This is Sharon Saleta. We did receive a letter from Councilman Squilla indicating that the RCO supports the project and that he is in non-opposition. As for the tax clearance, I can check that for you while you proceed.

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okay uh so my thinking is as long as we're willing to proceed so if there's an issue with

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the tax clearance um perhaps the the panel can hold the matter under advisement until we can

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resolve that issue unless what i've presented is acceptable okay so noted we'll do that

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okay we'll go forward with the case and if sharon can't get the tax clearance up we'll just hold

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until we get it. All right, we'll have the, we'll hear the case. Thank you. Anyone else have any

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objection to the continuance or withdrawals that have been read into the record?

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Or does anyone else wish to request a continuance or withdrawal?

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The chair, there is a Joseph McCarthy who is waiting to be promoted. I shall do so right now.

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Thank you.

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Mr. McCarthy, you have been promoted to panelists.

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You may unmute your microphone and begin to make a case.

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Good morning, Mr. McCarthy.

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Please identify yourself with a record, spell your name, give us your address,

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and then I'll swear you in.

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Mr. McCarthy, you need to unmute yourself.

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Mr. McCarthy, are you there?

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His name is muted.

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I guess we can move on forward.

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What's that, confessor?

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I guess we can move forward, right?

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Oh, there he is.

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I think he's going to be on now.

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Mr. McCarthy?

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I just don't know what case, confessor.

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It's where I'm...

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Mr. McCarthy.

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um i'm sorry mr chair yeah while we're waiting we're waiting to see if mr mccarthy comes in i

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just i just received a message from mr michael micklehenney i saw something come up what

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he's talking

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asking about

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case number MI 2020

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000719

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919

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Diamond Street

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he said it was held

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for revised plans

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to be presented today

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he wanted to know if it could be

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held

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if he could have the case heard in today's session

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Sharon I don't have anything on that

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if he can

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wait until the end of the session

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I can get you the information

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all right just ask him

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to stand by

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okay

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thank you and Mr. McCarthy one more time

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all right

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okay

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okay

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Confessor.

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chair excuse me if i can add one more thing um the last case read when we're announcing

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continuances was um 509 wheel pump lane just to confirm we should probably at this point read

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this as a continuance because the app the applicant's architect submitted a request

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that it be withdrawn we've requested though um a letter directly from the property owner

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confirming that so in the meantime if we could announce this thank you okay okay so mi 2020 dash

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zero zero zero seven five four nine five oh nine wheel pump lane is continued that's the last one

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confess it was number 11 we originally had it as withdrawn so we're changing the status to continue

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We can now proceed with 1740

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Wolf Street. MI-2020-000240

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Mr. Sabatini

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I'll turn and I'll promote him to

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panelists right now

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Mr. Sabatini, where are you?

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Mr. Sabatini

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Wait a minute

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I have a Mr. Bernie

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Varallo. I'm going to get ready to promote him to

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panelists right now

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Mr. Varallo, you have been promoted to

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panelists. You may unmute your mic and

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make your case

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Good morning, Mr. Varallo. Please identify

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yourself with the records

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excuse me, spell your first and last name

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give us your address and I'll swear you

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Mr. Varello, there you go.

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Yes, Bernardino Varello, 2307 South 18th Street.

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Please spell your first and last name.

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E-E-R-A-R-D-I-N-O, last name Varello, V-A-R-A-L-L-O.

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We're going to affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Thank you.

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confessor yes have you emailed an exhibit packet with the required documents proof of ownership

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proof of tax compliance copy of the refusal or referral photos and plans five days prior to this

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hearing this is donald sabatini attorney for the uh appellant and yes i did uh email that all more

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than five business days before today also have you confessor just give me a second mr sabatini

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would you please identify yourself name and address spell your name donald s sabatini s-a-b-a-t-i-n-i

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7710 orpheus place o-r-p-h-e-u-s philadelphia pennsylvania 19153 attorney for the appellant

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bmlv llc for 1740 welcome thank you and you're swearing for him to tell the truth the whole

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truth nothing but the truth yes thank you professor also have you met with the rco and have a letter

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uh yes we have i believe that was sent in thank you

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do we have the letter yes it's a letter in non-opposition from gear g-e-a-r yeah yeah

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gerard gerard gerard estate okay thank you uh miss mr sabatini or mr varallo please proceed

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this is a application to legalize a duplex a long-standing a building that's been used as a

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duplex for a long-standing time i don't believe there's any uh physical alterations planned to

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the uh property it's just uh it's been used as a duplex since approximately 1978 uh without

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incident uh the principal of the current owner bmlb llc mr bart mr varallo uh lives adjacent

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into the property so he has firsthand information regarding you know the use and uh that's pretty

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