civus
Hearing video

ZBA Hearing - January 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 17, 20244h 32m

I think somebody got my name under Thomas Holloman.

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I'm going to change it.

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I corrected it for you, Mr. Shahid.

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Good morning, everyone.

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Good morning.

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Good morning.

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And Chair, we have 32 attendees.

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You can start as you wish.

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Thank you.

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Good morning, everyone.

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Sorry we were running a little late.

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We had a technical issue.

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My name is Bill Bergman, and I will be chairing this morning's meetings.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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Present, Mr. Chairman.

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And our Board Member, James Snell.

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Present, Mr. Chairman.

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Also present is our Attorney, Hillary Emerson, and our Executive Director, Tanya Sunkett.

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Here's our virtual format.

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Be advised the proceedings are being recorded.

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The video will be available by contacting tanyasunkett at phila.gov.

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For the benefit of our court stenographer, we asked attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question answer box on the screen is not for comments or testimony. All comments should be directed to our executive director, Tanya Sunken. Let's look at today's schedule.

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Well, number three, MI 2023-003-681-147 West Luray Street.

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That case has been continued.

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Number eight, MI 2023-003-721-241 East Armat Street, that case has been continued.

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Number nine.

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Excuse me, Mr. Chair, with number eight, can we see if the applicant is present?

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Because the continuance request came from the RCO.

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Thank you.

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Theodore Tillman or Tanya Watson-Govin?

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Good morning, Chair. This is Yvette Benton. I'll be your co-host for today. I see no hands at this time.

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Thank you. So MI 2023-003-721-241 East Armat Street. The case is continued. Marked must be heard.

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Number nine, MI 2023-005-883, 63-41 Castor Avenue.

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Is Mr. Patterson available?

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Chair Ronald Patterson has been unmuted and allowed to speak.

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Morning.

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Morning, Mr. Patterson.

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

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Sure.

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Ronald Patterson, P-A-T-T-E-R-S-O-N.

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

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Yes, I do.

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Mr. Patterson, do we have a proof of mailing to the near neighbors on this case?

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6331 Caster, Mr. Chairman?

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Yes, I do.

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Okay.

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Hilary, then we're ready to move with this.

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Am I right?

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Yes.

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Can he please send that to me so I can review it prior to make sure that it meets the requirements since there was no RCO meeting in this case?

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Sure.

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And we have an email that was sent from the RCO.

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We had met on this earlier in the year for takeout and drive-through, and then we changed it just to drive-through.

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I'm sorry, just to take out.

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so i guess the rco felt there was no need for another meeting but i still sent the the notice

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out and then on friday the rco sent uh an email to board council with its position so i will i

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will forward that again now okay okay thank you we'll get back to you mr patterson thank you all

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Okay. Okay. Thank you. We'll get back to you, Mr. Patterson. Thank you. All right. Number 10, MI 2023-002-897-2001 East Lehigh Avenue. The hearing on this matter will occur on Wednesday, January 24th at 9.30 a.m.

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And number 13, MI 2023-004-267-900 East Shelton Avenue, the case has been continued.

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Is there anyone in the audience who has comments relative to the cases that were continued or has additional requests for continuance?

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chair we have a devin last name i can't pronounce they've been unmuted and allowed to speak

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good morning chair my name is devin i'm an attorney from legis group um i represent

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hold on one minute mr mr sir could you spell your name for the court reporter

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devin d-e-v-i-n last name ukda u-q-d-a-h right do you swear or firm to tell the truth the

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whole truth and nothing but the truth yes sure what case do you want to talk about um so two

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in reference two i represent two cases so the first one is uh 50 21 woodland avenue i i see

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that yes um so i was going to request a continuance for that one yep so so for the record

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mi 2023 003 683 5021 woodland avenue this is the first listing cases continued and what's the

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second case? Uh, 1215 Tioga. 1215 Tioga. I see that. Okay. So MI 2023 003 682 1215 West Tioga

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Street cases continued. No, thank you, sir. Sure. Um, quick question. Um, Tioga was actually

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scheduled for a hearing today. I'm not requesting a continuance for that one. You're going to go

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Today, the attorney of record is now a city council member, so he cannot actually take the case.

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I'm his partner. I'll take the case and I have everything ready to go.

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So what we do not have any exhibits on that.

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Am I correct, Hillary?

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That is correct, Mr. Chair. We have no exhibits.

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Council.

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Hi, Chair. This is Tanya. Is it OK if I speak to the attorney?

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You most certainly can.

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Mr. Upton, if I can request that you contact our office, we know there was a change in attorneys. We will rearrange the date really soon because we're settling far out. But please contact us and provide all the required documents and we can have you in as soon as next week. Thank you.

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All right. Thank you. So MI 2023-003-682-1215 West Tioga Street, that case is continued.

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Are there any other requests for continuance?

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Chair, we have Strawberry Mansion Community. With their hand up, they have been unmuted and allowed to speak.

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Hi, good morning, Chairman and Board. I was inquiring in reference to 3029 Woods Avenue.

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Do me a favor, state your name for the record first.

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Monita Cummings.

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Yep, and spell for the court reporter. Thank you.

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B-O-N-I-T-A-C-U-M-M-I-N-G-S.

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Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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And the case you're interested in is?

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3029 Ridge Avenue.

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I see that case. Yes, I do.

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It was, I was just, is that being continued or is that?

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I have no, I have not heard from that attorney where this case will go on.

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Thank you.

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All right.

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Thank you.

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Appreciate it.

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All right.

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There's a few other cases here that we don't have.

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Exhibits.

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Number five, MI 2023-003-719-849 North Newkirk Street.

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Laura Brown is the owner applicant. There is no exhibits. This is the first listing.

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Laura Brown, if you're in the virtual audience, please raise your hand.

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Chair, I see no one by that name with their hand up, but we do have France Pierre with his hand up.

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Okay.

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He's been unmuted and allowed to speak.

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Good morning, sir. Could you state your name and spell for the court stenographer?

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Good morning, sir. Could you state your name and spell for the court stenographer?

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Mr. Pierre, unmute yourself, please.

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Mr. Pierre?

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Mr. Pierre, please unmute yourself.

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Good morning, sir.

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Mr. Pierre, please unmute yourself for the chair.

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It seems like he's having technical difficulties here.

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Okay.

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Hello?

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Mr. Pierre.

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Yes.

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Good morning.

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Could you state your name, please, to spell for the court sonographer?

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Yes.

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Good morning.

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Mr. Chairman, yes, that's Frantz, that's F-R-A-N-T-Z, last name Pierre, P-I-E-R-R-E.

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

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Yes, I do.

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What case are you interested in?

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Yes, I am interested in 1614 Porter Street.

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Let me see what that is here.

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As well as 1700 Reed Street.

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Hold on a minute.

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1614 Porter Street.

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I'm about to call that.

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At this point, we have no exhibits for that.

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And it's the first listing.

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I have not got to that yet.

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And the other one you had was Reed Street, am I right?

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Yes, sir.

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What one's Reed Street?

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What number?

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I don't have it.

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No, no, I'm talking.

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Okay.

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That's number two, Mr. Chair.

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That's scheduled to be heard but held today because there'll be a follow-up RCO meeting later tonight.

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Yeah.

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Yeah, correct. And that's what I wanted to mention.

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Yeah, absolutely. We're going to we're going to hear that today and we'll have a resumptive hearing.

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Wonderful. And then 1614 quarter, they never showed up to the RCO.

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So, yeah, that's right. I should be calling that very shortly, sir.

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OK, wonderful. Thank you. Thank you very much.

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OK. All right. So on that number here, where I am now, five.

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All right. So we handled five, right? Am I correct?

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yep i don't believe we did mr chair okay we didn't uh yeah i don't believe we had anybody

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appear for right mi 2023 003 719 849 north new kirk street that case is continuing mark must be heard

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Number 11, MI2023-003-649-1614 Porter Street.

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We have no exhibits as the first listing.

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Steven Jasmini and Carmen Matei from CGI Construction.

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Is anyone in the audience?

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i see no hands chair so mi2023 003 649 1614 porter street this is the first listing mark must be

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heard continued. And also, number one, MI 2023-003-728-1525R, South 12th Street. Jonathan

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Holt is the listed applicant, and MPH LLC is listed also. Are they in the audience?

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Jonathan Holt, if you're in the virtual audience, please raise your hand.

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i see no one by that name chair okay so mi 2023 003 728 1525 rear south 12th street

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cases continued mark must be heard

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And number 17, MI 2023-003-643-2532 to 30.

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0-0-3-6-4-3-25-32-34-North Broad Street.

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Roger Perry is the attorney.

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Is Mr. Perry in the audience?

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Chair, I see no one by that name.

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Okay, so MI-2023, 0-0-3-6-4-3-25-32-34-North Broad Street.

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That case is continued.

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Mark must be heard.

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We're going to go to our add-ins.

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MI 2023-003-3489-2124 North Hancock Street.

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I vote yes for the proposed solid 72-inch wall on the second floor roof.

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Proviso all other refusals and are no.

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Is that appropriate, Hillary?

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Yes, Mr. Chair.

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All refusals are denied except for the 72-inch wall.

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Thank you.

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Thank you.

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thomas holloman my vote is yes with proviso

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jane snell my vote is yes with proviso ishmael shaheed my vote is yes with proviso

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thank you we're going to go to number 14 mi 2023 003 668 1410 alden street

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Mark Rowe is the owner applicant. This application is for a two-family household living in an existing structure. The proposed use of two-family household living is prohibited in the RSA 3 zoning district. Mr. Rowe.

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Chair, Mark Rowe is coming back in as a panelist now.

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Thank you.

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Good morning, Mr. Rowe.

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Mr. Rowe, could you unmute yourself, please?

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Okay.

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Good morning, Mr. Rowe.

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

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