civus
Hearing video

ZBA Hearing - May 5, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 5, 20214h 16m

Yes, that's mine as well.

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You're still under oath.

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Do you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal, or referral, photos, and plans fought based prior to this hearing?

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I have.

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Have you met with the RCO and have a letter?

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Yes, we did.

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Thank you. Please identify yourself again for the record.

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Sure. My name is Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.

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I'm going to share with the board the information related to this case.

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This is an application, again, in a CMX-2 commercial mixed-use district.

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The refusals are related to each other in the sense that in the CMX-2 district, a maximum

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of two dwelling units is permitted based on the lot size plus a commercial unit.

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What we're really asking for here is for the commercial unit to be waived and to be allowed

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to be used as an additional residential unit. Part of the reason this is being requested is

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because this property is not really located currently in a situation where a commercial

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use would be really viable. If you look at the entire block, it is extensively vacant with what

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part of the block that is built around us being somewhat residential in nature. And that makes it

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very, I'm sorry, that makes it very difficult for a freestanding small commercial space to be used

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in a viable form. The RCO supported our position and voted unanimously in support of this

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application. We met with the 37th Ward RCO. We explained the situation. And again, there were

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15 attendees beyond the board and no one had any objection to the proposal. The plans are

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pretty straightforward. It would be a three-story structure being set up essentially as a

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three-family dwelling, each floor being its own unit, and then the basement being a family room,

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exercise room and the upper floor having two bedrooms each or an office in a bedroom depending

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on how you want to lay it out there's a small deck again very small for purpose of storage trash

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for the top floor a small balcony style deck that does not extend beyond the building line for the

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second floor outside storage of trash and the first floor has access to the rear yard so ultimately

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all three units will have exteriors trash storage and can bring it out at time when trash needs to

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be picked up. So this again was met with support from the community given the situation on the

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block and given that situation we would ask the board's favorable review of our request to waive

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the CMX2. I'm happy to share any other exhibit I have or answer any questions from the board.

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Okay, thank you.

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Does the board have any questions?

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No.

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No.

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Okay.

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Is there anyone else here in this matter?

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I believe Mr. Joseph Gitterman should be present on behalf of the applicant.

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Mr. Gitterman, can you please identify yourself for the record?

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Spell your first and last name, please.

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Yes, how are you, everybody?

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My name is Joseph Gitterman.

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First name Joseph, J-O-S-E-P-H.

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last name is Gitterman

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Last name is Gitterman, G-I-T-E-R-M-A-N.

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G-I-T-E-R-M-A-N

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thank you

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Thank you.

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you saw

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So are affirmated to the truth, the whole truth, and nothing but the truth?

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from itself

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Yes, I do.

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Please proceed.

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Thank you.

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Mr. Gitterman, were you present during my presentation to the board?

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Yes.

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Thank you.

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Have you heard my presentation and my representation, and can you verify that they're true and correct and adopted as your own testimony?

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Yes, I do.

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Thank you.

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Thank you.

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Anyone else here in this matter?

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no further answer this time mr chair thank you planning commission

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ron bednar city planning property while this property is currently indicated for neighborhood

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commercial mixed use on the city plan we recommend that the request of variance begin

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Thank you. Calendar number MI 2021-000318, 2216 North Marshall Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you. Thank you. Have a good evening.

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Likewise.

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was okay back to rachel mi 2021 dash zero zero zero zero four zero 1323 south street

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good afternoon good afternoon rachel can you please identify yourself for the record

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Sure. Rachel Pritzker, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA-19103.

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

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Yes.

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And do you agree to wage the reading of its refusal and stipulate to its accuracy?

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Yes.

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Thank you. 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 folders and plans five days prior

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to this hearing? Yes. Thank you. Have you met with the RCO and have a letter? Yes. Thank you.

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Please proceed. Can we just add Steven Potts to this? He is the architect and client,

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So just for efficiency, just to have him on would be helpful.

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You may begin, Rachel.

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Okay, thank you.

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So this is 1323 South Street. This project proposes the use of this existing building, which I'll show in a minute, for vacant retail space as permitted as in CMX2 zoning at space A at first floor in the same building with business and professional office at space B from the first floor through second floors in an existing structure.

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The only variance we are requesting here is a use variance for the vacant retail space and business and professional office.

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This is an existing structure. It's on the screen on the 1300 block of South Street.

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And Stephen and his company, an architectural firm, are going to be utilizing the second floor of this,

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the first and second floor of the space for business and professional offices for their architecture firm.

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And then we're going to be hoping to secure a retail tenant for the ground floor, hence the vacant retail and space as provided for in CMX2.

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For the boards, just for the boards of formation, here are some pictures of the interior of the space.

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Obviously, once the, if the variance is approved, we will move forward with submitting for the alterations to turn this into a professional office for this architecture firm.

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The site is currently zoned RM1, which doesn't permit any ground floor commercial or any office space either.

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However, this is on South Street and has been an existing mixed-use space for a long time.

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The vacancy has been vacant for a bit, and so I think the neighborhood was excited to have a use

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and was believed that the request for vacant retail and also for office space was the lease

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modification of the code to grant relief. These are just some images of the architecture firm

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provided and we also have a letter of support from the Washington Square West Civic Association,

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which I believe is in the packet, and a letter of support from the councilman's office as well.

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I have Stephen on who is the owner and architect. I just want to have him.

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I have Steven on who is the owner and architect. I just want to have him state his name for the

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record and agree to my testimony and then happy to take any questions that the board

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may have just trying to get down to the RCO letter support. Here's the RCO letter stating

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non-opposition for this matter from washington square west and then um we have a letter from

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uh councilman squilla as well a letter of non-opposition uh for this matter happy to take

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any of the question uh any questions that the board may have and also wanted to just get my

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client on as well yep does the board have any questions no thank you is your client available

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uh rachel he should be um if not a little while ago yeah i'm here great how you doing but uh can

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you please uh identify yourself for the records uh your first and last name please stephen potts

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s-t-e-p-h-a-n-p-o-t-t-s the truth the whole truth for nothing but the truth i do thank you please

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proceed. Stephen have you heard my testimony today in front of the board and do you adopt it as

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accurate and your own? I do. Thanks. Stephen's available if the board has any questions otherwise

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we rest our case. Board have any questions? No. No. Is there anyone else here in this matter

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that would like to speak?

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I see no further hands, Mr. Chair.

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Thank you, Planning Commissioner.

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While this property is indicated

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for residential use on the city plan,

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we support the granting of the variance thank you sorry we didn't get your name in that uh

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thank you sorry i guess you were still muted i'll go again just identify yourself yes okay

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run bednar city plan thank you buddy uh anyone else no questions board is okay

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okay calendar number mi 2021 that's 000040 1323 south street uh my vote is yes

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my vote is yes my vote is yes okay thank you you're welcome um sharon tanya is that does that

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conclude or um chair the only question is whether you would like to vote the case on the add-on list

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14 15 north seventh now or wait until all board members are present yeah but i think we're going

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to hold on to next week so everybody else here is present yep okay thank you thanks sarin uh does

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that conclude um as far as i'm concerned chair but if i could make a request that we ask the

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virtual audience if there are any cases or anything that was not presented that should

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have been done so today. Thank you. You're welcome. Is there anyone else here that

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feels as we missed a case or have something to say? Mr. Chair, I have a Justin Eltz with his

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hand raised. Okay. Thank you. Justin, please identify yourself for the record. Hi, Justin

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else, owner of 1630 Fitzwater Street. I have a meeting ID, MI 2021-000132. Okay, what property

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use? Yes. I'm sorry, Mr. Elfs, this was continued because I have no record of having received your

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exhibits. I say, yep, that makes a lot of sense because my first time in this process, I didn't

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understand that I had the requirement to submit this, so how do I get rescheduled?

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It will be continued. You'll get a new date. And we did receive a letter from SOSNA in support.

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Okay. Great. Thank you.

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You're welcome. Anyone else?

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Mr. Chair, I have a Jihad Ali with his hand raised. I will allow him to speak.

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Thank you. Mr. Ali, please identify yourself for the record.

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hello good afternoon mr presser and the members of the board my name is jihad ali

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i was uh i wanted to ask about your first and last name for the synagogue firm

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j-i-h-a-d-a-l-i okay you're firm to sort uh you're firm to tell the truth the whole truth

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for nothing but the truth i absolutely do thank you please proceed so i was uh i had a question

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So I had a question about MI-2021-000137, 4306 Parkside.

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about MI 20, 21, 0, 0, 0.

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At the time, the chair didn't acknowledge that.

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Excuse me, Mr. Ali, this was on the two o'clock list, I believe.

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And I think it is scheduled for a resumption hearing, if I'm not mistaken.

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oh i'm sorry it was on the 9 30 list i'm sorry you're absolutely correct and they did they what

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if you just allow me counselor the chair at the conclusion of when she went into the resumption

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they didn't acknowledge that there were people to uh to have their hands raised and it wasn't

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explained to us as citizens you got to remember there's a there's a there's a citizen part of

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this and it wasn't told that we would be able to present testimony at the resumption here

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you will be

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we apologize for not being

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clarified on that okay but you will

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you'll have a chance

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thank you so much you're welcome have a good day

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anyone else

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no sir that is all I see

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no further hand

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everyone have a nice night

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stay safe everyone

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confessor

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I'm a court reporter.

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Did everything go well for you today?

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It did.

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Thank you for all your help.

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It was good seeing you guys.

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It's been a few years since I've seen you.

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I'm so glad to have you back.

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So I'll make sure you get the correct link next week for whomever Jennifer is going to assign.

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Okay.

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I appreciate it.

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Thank you.

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See you guys.

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Have a good one, everyone.

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Thank you.

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Great job, confessor.

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Thank you.

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Have a good night, everyone.

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I just wanted to say, confessor, thank you very kindly.

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Oh, you're welcome.

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Okay, have a good night, all.

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Likewise, everyone.

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Take care.

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