civus
Hearing video

ZBA Hearing - June 9, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 9, 20216h 56m

that Mr. Bonney represents, one of them with a separate RCO in the neighborhood, and two of them

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with a development corporation. And, you know, at this time, you know, we will proceed and work

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in good faith with the community on the 22nd

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to see if we can, you know,

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resolve any of the outstanding issues that are around.

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But the final contingency of that agreement

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to consider and a continuance for today

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was the provision from,

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was the provision from there's been some miscommunication from both sides, then

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there's been some miscommunication from both sides

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and there was an agreement.

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there was an agreement that the RCO would present us with an itemized list in priority fashion of

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what they wanted answered. And, you know, there's an understanding from the RCO that

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its concerns were not being met, although we continued to have meetings. So based on that,

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we agreed that if they provided us that, we would answer, you know, whatever questions and concerns

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they had very specifically, number one, number two, number three. At this point in time, just a

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couple days ago, they stated that they are refusing to provide that list. So at this time, the

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concerns presented to us have nothing to do with the refusal. There's a single refusal remaining

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for this project. It's a steep slope issue. And there's no question that none of the questions

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or concerns raised over the last year have been related to steep slope and we would respectfully

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request that we be able to proceed in line with our contractual agreement with PHA and at least

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be able to present our case today. Mr. Bonney. Thank you. So first of all, I was just retained

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this morning. Well, I've had a few days to talk to the client before this morning as I was

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evaluating the case and whether I wanted to take it or not I was just retained this morning and I

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do not have you know sufficient understanding of the case and the issues and the meeting on

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later this month that Mr. Whelan alluded to is necessary because the first meeting with the RCO

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though, we believe that the letter notification was not sufficient, that it did not reach

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everybody within 250 feet. And we have a witness and an exhibit who can testify to that if

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necessary. So we really would dispute that the RCO process has concluded. We also believe that

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the property has not been posted adequately for purposes of today's hearing. My understanding is

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the client that the RCO emailed Ms. Sunkit and Ms. Suleta maybe yesterday I don't know if they

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got that or asking that an inspector be sent out to confirm the lack of posting but we do have

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a number of photos all along the frontages of this property and it's pretty clear that the

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posting is woefully insufficient so I think on that basis of loan the case has to be

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I don't really, you know, I think the case has to be postponed due to lack of posting.

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My understanding is that while the applicant has provided the exhibits five days in advance,

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that it has not provided the witness list five days in advance, which I think is another,

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you know, violation of the rules and warrants continuance.

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um and you know i i could go on and on and i i will if i need to but i i really feel that this

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is you know for all those reasons some of which are i think pretty mandatory according to the

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rules that you know public notice and witness list you know okay you know i just think that

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this case should be postponed um i i'd like to you know i can get into more detail about some

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these things and I'd like to show the exhibits the photographs of the lack of posting because

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I think that alone should should resolve this issue. Well let's let's hear from Mr. Cohen.

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I don't want to get into all the details because then we're hearing the case and

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we haven't the board hasn't made a decision yet on yeah no he's referring to the posting yeah I

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do have one question though for you uh you've been retained by is it the coordinating RCO?

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Yes, it's the East Falls Community Council. Thank you.

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Mr. Cohen, please identify yourself and I'll swear you in.

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Good afternoon, Mr. Chairman, Josh Cohen on behalf of Councilmember Curtis Jones Jr.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed.

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Mr. Chairman, members of the board, our office, Councilman Jones, is requesting a continuance

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for this hearing, not only for the reasons that the East Falls Community Council's attorneys

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have just outlaid, but because we believe that the East Falls Community Council

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is not prepared to move forward with the case today. I know I've been in touch with both the

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East Falls Community Council, the attorney for the applicant, as well as PHA. We did meet

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the attorney for the applicant, as well as PHA.

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We did meet two weeks ago.

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to

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We had a pretty robust meeting.

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Everybody agreed to the community meeting.

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We were hopeful that this case could happen after that community meeting.

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I don't believe it's fair that the applicant should be able to put on their testimony today

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and not the East Falls Community Council

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or any other neighbor or interested party

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who wish to testify.

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So I think one of the concerns was that

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if this case was continued,

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the next available continued date

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wouldn't be till November.

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So we're hoping maybe we can get an expedited

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continued date for after that community meeting

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and maybe July or August.

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And then the applicant and PHA

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would still be in agreement

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with their uh there would be no uh uh issue with their uh sale of agreement

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yeah i i i know we had a uh off line conversation about uh potentially uh or the request to have a

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more uh hearing scheduled more closely to this date than november uh i don't think that is doable

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and I don't want to put the onus

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on Ms. Sunkit

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but since there is going to be

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a proposal

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to have a meeting on June

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22nd

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would you

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suggest

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and I know we said we're getting

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away from resumption hearing but maybe

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to do a resumption hearing

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or

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Chairman this is Sean Whalen again

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we would be willing

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to do a resumption hearing and present our full case and allow all the so there are two letters

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of support also to allow the support and you know whatever position efcc and the councilman's office

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take uh following the june 22nd meeting um to the extent that we could present all of that at once

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that would be fine if we could do that we would certainly agree to that at any point in time in

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july um but as i think you can understand we can't agree to a to accept a november date and just as

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far as um you know mr bonnie raised some very serious issues um i think frankly they're a little

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incredible here and i i understand why let's not let's not debate that at the moment right i'm

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trying to see if we can figure out a way in which we could uh do our best to accommodate all parties

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here. Hi, Chair. This is Tanya. Yes. I could put this on August 17th at 930 if we would wish to

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continue it or do a resumption. It's your call. When does that date again? August? It would be

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Tuesday, August 17th at 930 a.m. All right. It's not July, but it's not November. So I think we

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can agree, the board would agree that we can resume this case on August the 17th at 9 30 a.m.

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Chair, excuse me, this is Sharon. If Ms. Sunkett is willing to put this on as either a resumption

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or a continuance, and since the RCO would prefer that it be heard together, maybe a continuance

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instead, if that would be acceptable to the board. Either way, it works, correct, Tanya?

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August 17th?

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Yes, Chair.

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Yes, Chair.

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All right. MI 2021-000336 4401 Ridge Avenue is continued to August 17th at 9.30 a.m.

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Thank you all.

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Thank you, Mr. Chairman.

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Thank you, Chairman.

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All right.

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Anyone else have any concern about continuance cases that have been read into the record?

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If not, I will ask at this time, is there anyone who would like to request a continuance or withdrawal?

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Please raise your hand.

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Only if you are asking for a continuance or withdrawal.

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Chair, I have Ronald Patterson with his hand up.

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Mr. Patterson, you can unmute yourself and speak now.

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Patterson, are you here about 708 Sansom?

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I am, Mr. Chairman.

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You have it down.

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You may not have heard, but you already continued that.

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No, I did.

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I wanted to clarify my request.

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Okay, now put your name and I'll swear you in there.

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Sure.

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Ronald Patterson, Claire Harrison, 1835 Market Street, Philadelphia, EPA, 19103.

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You swear if I'm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Please proceed.

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So this application regards the Jewelers Road Project.

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Correct.

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And the refusal pertained to an ADA van accessible space that we were approved for on site that

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that we were approved for on site that we wish to remove and that was the subject of the variance.

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we wished to remove.

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And that was the subject of the van.

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After meeting with Wash West Civic Association and understanding the implications of it in terms

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of the building code and accessibility issues we came up with we believe an alternative which was

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to provide the parking space which is very hard to do because of the van height at an off-site

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location which we're allowed to do up to a thousand feet but this one's about 1200 so

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So it would eliminate the ADA refusal, but cause a refusal for greater than 1,000 feet.

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So we were hoping that we could get leave to ask Al and I to revise the refusal and come back on this appeal when it was rescheduled.

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Do you have any comments about that, Sharon?

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No, you would just submit the letter to Ms. Sunkett detailing the change and asking her to

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give you an authorization letter to submit an amended application. Okay, I believe it's included

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in my letter, but I'll send it. Okay, perfect. Thank you so much. Thank you. Thank you. Anyone

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else requesting a continuance or withdrawal on the two o'clock list, please raise your hand.

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here we have someone from the strawberry mansion community organization with their hand up

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thank you whoever that person is please can you hear me yes please identify yourself

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hello first and last name spell your last name i'll swear you in my name is bonita cummings

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Director, Strawberry Mansion Community Concern. My last name is spelled C-U-M-M-I-N-G-S.

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

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I do.

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What case are you testifying on?

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2535 West Lehigh. There's not clarity as to whether or not this location really is even

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on this calendar. We were told today there was a hearing, but on the appeals calendar,

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we were not able to find this. Correct me if I'm wrong. It's not on our list today. Correct,

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Tanya? Yes. It's because it's a resumption hearing. It's number one on the add-ons.

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Resumption meaning from something that started, which we never had a hearing on this at all. So

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I'm not sure how resumption is being used. Sorry, I missed that. What street is this?

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36.01? 2535 West Lehigh Avenue. Perhaps we could call Mr.

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Nockamson. I have that it was originally heard on April 28th.

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Am I missing something Sharon? I don't see it on the add-on. It's the two o'clock add-on number one.

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good afternoon members of the board my name is alan knockamson pc

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yeah you swear for him to tell the truth the whole truth nothing but the truth

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i do now i'm pleased by your last name for the record i'll do both first name alan a l a n

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Last name, Nockamson, and it's Anansi, O-C-H-U-M-S-O-N.

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And I apologize, I had the wrong sheet in front of me, so please proceed.

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As Ms. Saletta stated, we did have a hearing previously on this matter, and we agreed to have a resumption hearing because the community meeting did not take place at the time of the original hearing, and we did have the community meeting.

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and we're prepared to proceed forward.

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Okay, we will hear that case.

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Just let me get through the withdrawal request

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and then we'll come back to you.

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All right, thank you.

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Anyone requesting a continuance or withdrawal?

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Chair, we have a call-in user.

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Call-in user, you can unmute yourself and speak now.

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Will the call-in user please identify yourself?

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Anyone else?

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Yvette?

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Hello?

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Hello?

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technical hello can you hear me okay yes we can you please give us your name and i'll swear you

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in okay this is adrian fernandez swamp little neighborhood process association rco

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

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we're a firm to tell the truth the whole truth nothing but the truth

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Yes, I do.

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You're here regarding what case?

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2535 West Lehigh Avenue.

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We're going to go forward with that case.

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I said we're going to call that as soon as we're done with the continuance list.

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Okay.

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I just, I did want to state also that the property was never posted.

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We'll get into that.

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With all due respect, Agent, we'll get into that when we call the case up.

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