civus
Hearing video

ZBA Hearing - July 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 13, 20225h 14m

Yes, I can.

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Hi, Drew.

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Could you change your name for me, please?

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Change my name.

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I don't.

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Sure.

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I'll try.

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Let me see if I know how to.

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what does it doesn't it just say my name is it what does it say

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drew it has my name because it's it's i sent you the link oh it came in on yours yeah

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um no worries thanks we just want to identify who's who yeah yeah that's totally big because

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didn't realize it always defaults to my name. Got it. Thank you. Thanks, Drew.

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Here we have 49 attendees and we can start when you wish.

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We're ready to go. Thank you. Good morning, everyone. My name is Bill Bergman

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and I will be chairing this morning's ZBA hearings. With me is Carol Tenere, our vice chair.

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Present, Mr. Chairman.

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Ismail Shahid, our Board Secretary.

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Present, Mr. Chairman.

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Thomas Holliman, our Board Member.

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Thomas is here.

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James Snell, our Board Member.

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Present, Mr. Chairman.

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Also here is our Executive Director, Tanya Sunkit, and our Board Attorney, Hillary Emerson.

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Before we begin, here's our virtual format. Be advised, proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded. The video will be available by

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contacting TanyaSunkett at phila.gov. For the benefit of our court stenographer,

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we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, if 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 address the property in question.

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And finally, the question answer box on the screen is not for testifying or comments.

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Any comments should go to our Executive Director, Tanya Sumter.

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So let's look at our continuities that we have this morning.

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Mr. Chair, this is Tanya. Would you mind if I just ask a check?

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Mr. Holloman, can you just check in and do a voice audio check?

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Yes, I'm present. I was disconnected for a while.

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I saw that. I just wanted to check. Thank you, Chair. May you continue.

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Sure. Thank you. Number two, MI 2022-001-065-131 West Walnut Lane.

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Number three, MI 2022-001-059-1830 West Erie Avenue.

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Number 9. MI 2022 001 062 439 West Susquehanna Avenue. Number 12. Hold on one minute. Hold on

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one minute. Hold on one minute. Oh boy. Tanya, I have to go out a minute. I just got knocked

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out here in a minute i'll be right back okay no worries chair tanya are we hearing number seven

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first do you remember that is the plan i would ask attorney emerson to step in and state it

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yes i i can confirm that we'll be hearing number seven first okay so six is continued

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nine's continued for some reason i'm so mixed up this morning i don't know why no worries

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thank you tanya you can continue number 12 has continued well well we haven't gotten to

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number six yet um we had i'm sorry we had we continued number nine

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um and right number 12 was the next one that needed to be called out for a continuance

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but 11 is continued or will be said that we will continue we will we will yeah we will discuss

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but 11 is continued or will be said that we will

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11 after we finish the other continuances okay hi bill uh mr chairman sorry tanya i got knocked

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out i'm good sounds good chair we're waiting for you to continue the continuances i'm good so

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So number 12, MI 2022, 003-880-610-40 High Street.

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And number 13, MI 2022, 001-110-6619 Musgrave Street.

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All these cases are continued.

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Is there any comments relative from the virtual audience about these cases?

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Mr. Chair, if we could, sorry, Mr. Chair, number 13, the continuance was from the RCO.

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Can we see if there's anybody here for 6619 Musgrave Street before we get any other comments?

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Right. MI 2022-001-110, 6619 Musgrave Street.

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contingency requested by the RCO. Is there anyone else here?

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Good morning, Chair. I see no hands at this time.

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Thank you. So all the cases I called were continued. Are there any comments?

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Chair, we have someone by the name of Marvin Kilgore with his hand up.

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Mr. Kilgore, you can unmute yourself and wait for the chair.

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yes Marvin Kilgore here 24 good morning morning do you swear state your name and spell for the

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court reporter please uh Marvin M-A-R-V-I-N Kilgore K-I-L-G-O-R-E do you swear for him to tell

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the truth the whole truth and nothing but the truth yes okay what case do you have Mr. Kilgore

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uh number 24 um 2409 2410 north 19th yep right okay that's mi2022001116

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you request to continue it's mr kilgore yes i do okay mr kilgore that'll be

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must be tried to your next case

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okay could you say that again your next listing will be marked must be tried you have to go on

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the next time um chair this is time if i could explain a little bit um mr kilgore you um have

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another date that will be scheduled where you must provide the exhibits timely as well as

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If you post the property for your specific and detailed instructions, please contact our office.

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And then we can assist you with how you can make sure you're going to be heard at the next date, okay?

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Okay, and you guys will send me the next date as well?

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Yes, just reach out to our office and we'll assist you further, okay?

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Okay.

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Sir, I'm going to ask the staff to email you and then you can reach out with the information.

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provided okay no problem thank you this is yeah so sorry this is this is hillary emerson um mr

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kilgore are you uh do you either own or lease this property as a business or non-profit

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organization uh as a business yes okay um if you are if you own uh if you own a lease as a business

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entity you will need to have an attorney representing you at the next hearing okay

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Okay. So you will not be able to move forward without that. So that is something we can provide you further information with, but I wanted to flag that for you based on the information that we saw for you as the applicant. Thank you.

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Okay. Are there any other requests for continuances?

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Chair, we have Rachel Ergood. Ms. Ergood, you can unmute yourself and wait for the chair, please.

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Good morning, everybody. I'm sorry. I am a resident at 600 East High Street. And I'm just reaching out and question.

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Do me a favor. Hold on. Hold on one minute. Rachel, hold on one minute. Could you state your name and spell for the court reporter?

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Sure. Rachel Ergoode. R-A-C-H-E-L-E-H-R-G-O-O-D.

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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 well proceed okay so um it's just been um with the 610 east high street property

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it's been um two continuances and um we haven't had any communication um from this

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And we haven't had any communication from this property owner about this, their proposal or appeals, and it's not posted.

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And I'm just curious to how many.

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So here's what we'll do is that'll be marked, must be tried.

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Thank you.

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Any other requests for continuances?

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Here we have a Ms. or Mr. Sosa.

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Mr. or Ms. Sosa, you can unmute yourself and wait for the chair, please.

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Hello.

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Hi, could you state your name and spell for the court reporter, please?

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Yeah, my name is Dofis Geraldino Sosa.

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I'm calling in reference.

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Do me a favor.

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Spell your name, please, for the court reporter.

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Doffy's D like David, O F like Frank, I S, Geraldino, G E R A L D I N O Sosa, S O S A.

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

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Yes, I do.

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What case, sir?

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I'm on the 1830 West Erie Avenue.

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Okay.

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yeah i'm it's gonna be very quick i just received yesterday night a notice from the zoning board

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that my case will be continued okay so i know we're going to continue i i announced that case

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is continued uh and yeah and my my thing is because they say it's going to be continued

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i'm sorry i'm sorry i'm sorry the cheers said the case is continued please reach out to our

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office for further information.

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Thank you, Chair. You can continue.

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Thank you. Is there any

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other requests for continuances?

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Chair, we have a Mr. or

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Ms. Smith.

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Mr. or Ms. Smith, you can

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unmute yourself and wait for the chair, please.

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Hi, could you state your name,

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please, and spell for the court reporter?

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Yes, good morning. It's

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A. Luke Smith,

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L-U-K-E

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s-m-i-t-h right do you swear for him to tell the truth the whole truth and nothing but the truth

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i do and you you're case number two right correct right and 131 west walnut lane

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correct and i apologize if i missed it i was just confirming that that um has been

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that case is continued okay okay thank you thank you thank you any other requests for

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continue. Chair, I see no hands at this time. Okay. Mr. Chair, I'm sorry to interrupt. This is

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Ian Hegarty with the Commission. I wanted to note for the record and for the staff in regard to 610

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to 40 High Street, this case is also scheduled for civic design review, which will need to be

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completed prior to the board hearing this item um so if and they haven't yet initiated that process

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for the city planning commission so just wanted to make a note for that um tanya we can coordinate

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that thank you leon i appreciate that thank you that sounds great but chair if i could

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since he already spoke just make sure that ian yeah thank you right you know he'll swear in next

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time. Case number 11, MI 2021-004-665-5832 Old York Road. Lori Maislin is the attorney.

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Can Ms. Maislin get on, please?

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Ms. Maislin, if you're in the virtual audience, can you please raise your hand?

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she's coming back in as a panelist here thank you

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Ms. Baselin please state your name and spell for the court reporter

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good morning mr bergman my name is laurie l-o-r-i j is my middle initial and then han h-a-h-n

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and maslin m-a-s-l-i-n and to make it easier for you it's just maslin thank you um do you swear

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for him to tell the truth the whole truth nothing but the truth yes we are continuing your case

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today we have to have it posted the proper way and the posting has to be up for 21 days

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um here's uh my problem uh we uh i entered my appearance back on march 19th uh nothing was sent

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um and uh nothing was sent to me my understanding is an email was sent on march 27th i believe

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27th, I believe, to the applicant. He indicates, and I believe he is on, that he has never received

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to the applicant.

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anything. I called the offices, the administrative offices. I was told to post the letter in advance,

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which I did, and I made sure it was posted. Unfortunately, the letter did not have

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the specific instructions for signing on so so listen to me the letter was not what needed to

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be posted the zoning poster had to go up it didn't go up it has to be up for 21 days we're

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continuing the case okay this was um and and i apologize but this has been um this was posted

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this was on an expedited can we get a short date my guys have been put off what we're going to do

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is we will talk to our executive director

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and you can call the office

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and we'll see what we can do.

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But we have to move on today

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and your case is going to be continued.

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Okay?

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This is Chai Chair.

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This is Tanya.

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We did discuss this via email.

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Ms. Maslin, if you reach out to me,

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I can assist to ensure

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that you will get a timely

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continuing state.

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Thank you.

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All right.

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Thank you.

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I appreciate your time

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and uh have a great day all right thank you we're going to move to our add-on number one

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mi 2021 mr chair this is hillary um uh attorney stern uh has his hand raised i believe he's trying

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to request yeah i was waiting for him i didn't see him before okay thank you yes yeah he just

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put it back up hi mr stern could you state your name and spell for the court reporter

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mr stern please unmute yourself i'm sorry can you hear me now

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we can can you hear me your name and spell for the floor reporter douglas stern

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s-t-e-r-n attorney for applicant for 103 widener right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth i do so mi2022-001-087-103 widener street

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you're requesting a continuance yes i am there's some issues i'm having with that

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applicant okay all right thank you very much is it possible that i have another case listed

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in october is it possible to put it on october 19th you'll have to call mr stern call the others

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I'll call him. Thanks. That's all I need to know. Thank you.

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All right.

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Okay. Add on. MI 2022 004041 1820 West Venango Street.

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I vote yes with provisos.

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Maximum four units.

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No balconies.

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Interior trash storage.

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one page of revised plans

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which can be

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stamped by the ZBA on July

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13th, 2022.

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Mr. Chair, am I voting

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on this case? Yes.

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Yes, everybody

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