civus
Hearing video

ZBA Hearing - November 29, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 29, 20235h 16m

Thank you.

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Yes, thank you.

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So MI 2023-002-463-7811 Frankfurt Avenue.

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I vote yes.

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i vote yes temporary variance expires 12-1-26 use limited to ultrasound testing

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Temporary variance expires.

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thomas holliman my vote is yes with proviso

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james snell my vote is yes with proviso

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thank you we have our vote

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Mr. Chair, we need Mr. Shahid to vote on the last one because Mr. Snell wasn't present

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for the hearing.

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Ishmael Shahid, my vote is yes, we're provisor.

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Thank you.

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We're going to go to our regular list.

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We're going to start with number seven and number 12 at the same time, MI 2023, 004-449-2706

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Next, Federal Street, and number 12 is MI 2023-004-445-2708 Federal Street.

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Henry Clinton is the attorney.

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There is a letter of support from residents organized for adequacy and direction, and the applicant provided a petition in support by approximately 13 neighbors.

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henry clinton has been promoted to panelists

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mr clinton could you please state your name is spelled for the court stenographer

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mr clinton

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i did i saw his name there and i put it on is this is this might be his number here six ones

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Yeah, so this phone number is him calling in, and then his paralegal is going to be

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running the presentations because he is out of the country right now.

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So she may be under his name.

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Okay, I did promote his name.

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Okay, that would be Margie.

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Should I promote this phone number, Hillary, please?

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Okay.

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Yes, yes, please.

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Thank you.

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you both should be allowed to speak hi mr clinton

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i believe it's star six to unmute yourself

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mr clinton

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the name henry clinton has disappeared off the the list let's see if he calls back

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mr clinton

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hello mr chairman i hear you hello mr chairman henry just for the record and please spell for

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the court stenographer sure henry clinton uh h-e-n-r-y clinton c-l-i-n-t-o-n right do you

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swear for him to tell the truth the whole truth and nothing but the truth i do would you identify

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your client and the relationship to the property sure i represent three clients uh it's a father

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and two children father is angelo tartaglini t-a-r-t-a-g-l-i-n-i daniel tartaglini and erica

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e-r-i-k-a tartaglini today daniel tartaglini will be my witness and uh our vice chair has

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just a few questions sir uh this is one of them i had to refuse myself once i think uh

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tom could you do a time please yes mr chairman

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good afternoon council do you agree to waive the reading of the refusal

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and stipulate to his accuracy i do mr holliman did you email all of the exhibits and documents

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as required five days in the pants to this hearing

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i did the rco letter came in late and then our petition we added a couple more signatures

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rather than what was submitted originally other than that yes thank you please proceed and share

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please proceed and share your screen thank you mr

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your screen thank you mr hollman

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your paralegals online henry yes he's sharing the screen now okay thank you

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and thank you for the accommodation mr chairman that's well appreciated

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And there will be that green share button at the bottom of your screen on Zoom.

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And just make sure you have the documents open before you hit that green share button.

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Should be shared?

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It's not shared.

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once you click that green button it should ask you uh what document

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you would like to share and then you'll click on that and hit that share button

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um yep and it's up now thank you thank you so much you're welcome please proceed henry

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thank you sir chairman again henry clinton for the tardiglini family angelo daniel and erica

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uh and this concerns two properties on federal street and we have two presentations today mr

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chairman 2706 and 2708 federal they both have separate mi numbers but the refusals are the same

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and the projects are the same so what i'd like to do with your permission is to present 2706

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and indicate that it's also the same as 2708.

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It's basically presentations, or rather than doing two,

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I'll do one and incorporate everything from 26 into 2708,

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if that's okay with the chairman.

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Please proceed.

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So this is a request for a three-family dwelling on a large lot that's 15 by 100

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in an ITE industrial zoning district,

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where if we were proceeding under an RM zoning district,

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we would be able to build four family dwellings on each parcel.

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The request today is that we are asking for three family dwellings on each parcel,

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each with two parking spaces.

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As the chairman knows, in RM1, parking would not be required,

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but here, in deference to the community's wishes,

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each three family dwelling will have two parking spots.

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These lots, and I'll get to that with aerial photographs, but these lots are through streets from federal to man.

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So the second page is the table of contents.

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Table of contents contains exhibits A1 through A11 with all the typical documents you would see in a zoning presentation,

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including six zoning records indicating to the panel that this block is really not being used as industrial.

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it's multifamily, some single family, and then some vacant lots. And both of these lots have

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been vacant for at least five years. Next document is the refusal. And at the top,

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you can see zoning district is I-2, it's industrial, and it's being refused the

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application because multifamily household living is not permitted in an I-2 zoning district.

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The next document is the RCO letter of support.

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And you'll see in one of the additional documents,

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I have actually a travel advisory from the night of the community group presentation.

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It happened to be October 17th.

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So there weren't a lot of people at the meeting, but they did vote in support of the meeting.

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On October 17th, there was a Phillies game, a Flyers game, and a soccer game.

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So that's why we went around the neighborhood and tried to get as many signatures as we could on a petition supporting the project, and that is in my packet, too.

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Next is an aerial photograph.

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This is looking south, and you can see where it says 2706 Federal Street.

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There are two parcels there, 2706 and 2708.

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You can see to the right, there's garages, actually four roll-top gates with curb cuts.

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The only industrial that I'm familiar with on this block, Mr. Chairman, is an ironworks.

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It's a gentleman who does, actually, he signed the petition.

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He does ornamental iron for residential single-family and commercial, like railings, grab bars, and things like that.

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the remainder of the block on the right-hand side has either been approved for multifamily

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has either been approved for multifamily or is multifamily.

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or is multifamily and when i get to the end of the

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And when I get to the end of the presentation,

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I have an aerial photograph with the multifamily demarcated

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so that the panel can see exactly what is multifamily on the block,

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what is vacant, and what is single-family.

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The next group of photographs just show the vacant lot, again, looking southbound.

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And then there's a few photographs looking eastbound

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to show you the curb cuts that are existing already on Federal Street,

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and you can see the roll-top gates in front of some of the garages on the block.

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Then the larger photograph depicts Manton Street,

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which is, as I said, the lot runs all the way from Federal to Manton.

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It's 100 feet deep, and you can see that there are curb cuts on Manton Street.

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There's no parking on Manton Street,

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So we're providing two parking spots for each project.

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The remaining photographs are photographs of the posting of the notices to the community about the hearing.

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Next, we'll move on to the plans.

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The first plan is the zoning plan, which shows a tire brick front.

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The community group wants to see brick as much as possible.

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um also there's a pilot house at the top there's a rooftop deck

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then we can move on to the floor plans again these are three units mr chairman uh the basement

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the first floor uh is one unit uh the first floor and second floor is the second unit and the third

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second and third floor is a third unit now i brushed over this not not because i'm trying to

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not bring it to your attention, but the first floor and basement is one unit in the sense that

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the rear of the first floor is a bedroom for the basement. And so then the first floor and the

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second floor, the rear bedroom on the second floor belongs to the first floor. And then the

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second and third floor are their own units. And then there's a rooftop deck. We're going to have

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Trash storage in the rear yards of both properties with containers

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so that the tenants can come down and place their trash there on a regular basis.

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Beyond the floor plans and the zoning plan,

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we do have streets approval for both parking on both Federal Street as well as Manton Street.

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The rest of the documents, we have an application for appeal.

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We have the project information form.

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We have the tax balance for a real estate printout indicating zero balance.

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And then, Margie, if you can move down to the zoning district map, the colored map,

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and you can see that the entire federal street of both sides of the block are I2 industrial.

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Next is the deed indicating ownership by the Tardiglini family.

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Then we have our notices to all the neighbors.

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We mailed out 164 pieces of mail to the surrounding neighborhood.

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And then the photograph I do want to spend some time on is the aerial photograph where I've marked in red the multifamily properties already on the block.

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If you start from right to left, at the corner is a bar.

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It's a 1201 bar.

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It's been there for decades, at least 50 years.

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moving right to left next is a 24 unit apartment building which was approved around two to three

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years ago to the left of that is an approval for two dwellings that they're in the making

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i was able to obtain that approval from the board about two years ago to the left of the two unit

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dwelling is a four unit approved dwelling unit again that construction has not started and then

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And as you move further left, you can see there's garages.

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The first garage is where Mr. Breen has his ornamental iron business.

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And then the other garage is storage, actually storage for my clients who operate a marble and granite business for well over 50 years at 25th and Ellsworth.

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And then you can see the blank space, 270608 Federal Street.

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That's where our proposed project is to be located.

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And then in the foreground of the photograph, there's a six-unit apartment building.

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Even though there is facing on Grace Ferry Avenue, that address is Federal Street.

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And then to the left of that is another three-unit apartment building on the block.

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And the following documents are the support for what I just related to the board.

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These are the zoning records that reflect 2736 is 24 units.

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That reflects 2736 is 24 units, 2731 is the next entry, that's the six-family dwelling, 2728, that's a four-family dwelling, 2721, that is a three-family dwelling, and 2732 is a two-family dwelling.

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So in conclusion, Mr. Chairman, this is a block.

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While it is zoned I-2, we try to design the building pursuant to RM1 regulations

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because there are multifamily on the block, and it's trending multifamily as we move forward.

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If we were in RM1 zoning district, we'd be able to build four units per lot by right with no parking.

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we're seeking three units with parking on both 2706 and 2708 and again I ask that my presentation

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for 2706 is duplicative of 2708 and I guess I can address that if the chairman is going to call

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as a separate item. With that, I would ask the panel to consider this

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application. We're not impacting anyone's latent error. We're in conformance with what the community

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group wants. We're in conformance with the block and we are in harmony generally with the code.

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So with that, I would conclude the testimony and ask for my client to adopt it and unmute himself.

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Thank you.

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Mr. Tartaglini, can you raise your hand, please?

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Thank you.

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Mr. Tartaglini has been allowed to speak.

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He's been allowed to speak.

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Mr. Tartaglini, could you please state your name and spell for the court stenographer?

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mr tartaglini mr tartaglini can you unmute yourself please yes i'm sorry can you hear

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me yeah we can just name and please spell for the court stenographer sure my name is

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Daniel Tartaglini

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my D-A-N-I-E-L

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last name

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Tartaglini

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T as in Tom

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A-R-T-A-G-L-I-N-I

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Do you swear or affirm

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to tell the truth

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the whole truth

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and nothing but the truth?

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Yes, sir.

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Proceed, counsel.

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Mr. Tartaglini

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were you on the call

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when I presented

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your two projects

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2706 and 2708

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Federal Street?

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Yes.

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And if you had

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the opportunity

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to testify in either one of those cases and or in both of those cases would you adopt my testimony

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as your own and as true and correct yes sir thank you mr tardiglini questions thank you

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