civus
Hearing video

ZBA Hearing - December 8, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20205h 47m

peter we can swear him in sure uh chairman de chico can you hear me yes okay my name is peter

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mr i'm sorry to interrupt you but nothing on the merits without the attorney here please

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i'm sorry could we could we at least could i ask him if he's had a follow-up meeting

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I don't think it's appropriate to do that without Mr. Malloy here.

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If you give me five minutes, I'll try to contact him.

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All right, hang in there, Peter.

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All right, hang in there, Peter.

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Okay, well, it's been, what, two hours?

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Okay, well, it's been, what, two hours, so another few minutes is no big deal.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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This is Sharon Saleta, I was able to contact Mr. Molloy, there was some misunderstanding

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about the date he was coming back, he is signing on right now.

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And were you able to hear me just now?

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Yes.

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Oh, okay, thank you.

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Thank you.

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Thank you.

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Amen.

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Chair, I've promoted Michael Malloy to panelists.

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He can speak now.

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Good morning, Mr. Malloy.

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Please identify yourself with the records by your last name.

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Thank you, Mr. Chairman.

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Sharon, the name is Michael Malloy, M-A-L-L-O-Y, with the firm Obermeyer Reb and Maxwell Hipple, and many, many apologies to the board.

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Are you swearing to the firm to tell the truth, the whole truth and nothing but the truth?

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We do. Thanks, I do.

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Thank you.

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Sharon, do we just go forward with this?

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We don't have to.

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unless mr molloy is requesting that it be continued further since he was not expecting

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to be here today oh all right good point thank you mr molloy thank you very much and i i was

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confused and i apologize i saw that it had been continued to a january meeting and so i uh was

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going to contact the board because i had i had thought the board had said december 8th but then

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we checked online and it had been moved. And I apologize very, very much. We would like to

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request a continuance. We're still not, we did meet with the East Pass Yonk RCO. The meeting

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was not positive. The RCO, you know, I'm sure they will or are here to testify that they

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will oppose the fence at that height and did not want the fence. So we need some time to

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regroup with my client to determine the next steps because they really really do want to be

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a good neighbor to the community. We certainly don't want you know the gateway into East Pass

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Yonk Avenue we certainly don't want to have any empty buildings over in that location it's

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too important so you're asking for a continuance correct? Yes sir thank you. It'll be a resumption

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hearing uh tanya do we have a date um we can probably stick to the date that it was um posted

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online what was that what was that date you said you saw january i don't recall offhand i'm sorry

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i just jumped online uh i i can find it but um we can take whatever whatever earliest date you can

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we will be there and prepared

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to continue.

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Let me just see if I can pull it up.

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Counselor?

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Yes, sir.

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I'd like to make a recommendation

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to research

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landscaping. If you

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look across the street at the

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medical center, they have a

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big open space and is well

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landscape and they don't have a problem with uh bagging uh thank you and we did hear that

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during the last hearing and are taking that uh into consideration and and the the bank has

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examined landscaping before but um is going to take another look at that in deference to that

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comment the landscaping they did before was very minimum they have to expand it okay

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uh we hear you loud and clear and we will take a a very good look at that thank you it appears that

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it was um was put on for january the 20th at two we can keep it that way okay does that work mr

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thank you very much sir yes okay so mi 2020-001092 1931 south broad the hearing will be resumed on

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january the 20th at what time tanya 9 30 no 2 p.m chair 2 p.m on january the 20th at which time the

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board will consider any feedback related to the position of the rco and the applicant and if i

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could just interject Mr. Malloy that there's no need for further posting um this is just a

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resumption hearing and then with the community the expectation is not for a new hearing just

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feedback thank you chair thank you all this concludes the 9 30 session any unfinished business

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that's all I have chair okay see everyone back at two o'clock all right okay

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Have a good one.

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you're live thank you good afternoon tanya we'll wait to hear from you before we begin the hearings

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You're live.

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sure

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Okay, Chair Runney-Woom, you are.

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Thank you.

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Good afternoon, everyone.

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My name is Frank DiCicco, I'm the Chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our Vice Chair, Ms. Carol Tenere, board

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members, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman, and Mr. James Snell.

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Board Administrator, Ms. Tanya Sunkett, and Board Attorney, Ms. Sharon Saleta, are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some

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of the basics of what you can expect. First, we will be administering oaths to individual

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participants prior to their testimony second we like to advise everyone that this proceeding is

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being recorded and that by participating you acknowledge your agreement to be recorded

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third for anyone participating by phone if you wish to testify you must raise your hand by hitting

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star nine and then star six to unmute yourself i'll repeat for anyone participating by phone

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If you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat that as well.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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Before Vice Chair Tenere calls our first case, we'd like to ask if anyone is requesting a continuance or withdrawal for this 2 o'clock session hearing.

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If so, please raise your hand.

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While we're waiting for that, a couple of announcements. We have a continuance request for the following cases.

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MI 2020-002336, 2222 North Front Street, MI 2020-001262, 321 East Worcester Street,

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mi 2020 that's zero zero two three three five two three three two east thompson street is withdrawn

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that's number six on our case

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number 10 on our sheet uh mi 2020 that's zero zero two one eight zero

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1837 South 10th Street

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and

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that's the only other

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those are the only ones I have so far

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if they're the applicant

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and or his or her attorney

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disputes

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the request for continuance

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on these cases I just read out

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please raise your hand

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and again if anyone

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would like to have a case continued

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or withdrawn please raise your hand as well here we have tina marie russell

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good afternoon miss russell please identify yourself with the record

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you're already under oath from earlier today

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can you unmute her i can't unmute her tanya yeah me either

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i don't know dpc zoom could you unmute tina marie russell hold on one second

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for some reason it's preventing both of us from doing it

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i don't see that i didn't see that as an option either now i don't see her she may have she

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yeah and now it looks like somebody promoted her let me just see i don't know what's going

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let me just see i don't know what's going on with that we can move forward chair we're going

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on with that we can move forward chair

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to try oleg sokolov allow him to speak mr sokolov won't allow me to unmute him either uh can you

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hear me we can hear you okay so i i apologize for that good afternoon mr chairman members of the

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board oleg would you please identify yourself with a record spell your last first and last name sure

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Oleg Sokolov, O-L-E-G, last name S-O-K-O-L-O-V, Rabinovich Sokolov Law Group, 1700 Market

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Street, Philadelphia, PA, 19103.

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

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I do.

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I'm counsel on this matter.

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Okay, please proceed.

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Ms. Sunkett, this is a clarification.

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I believe I sent you an email about a calendar number MI2020-001528.

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Is it listed for today?

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what's the address no idea 1806 west ontario street

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and what was it supposed to be listed you you and i were communicating about listing it on this day

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but i realized that it it may have never actually been listed for this date with another property

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that we have which is fine because we would be requesting a continuance anyway and it may be a

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moot point i just wanted to make sure it's not listed for today i don't see it on either the

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two o'clock or 3 30 list if anyone sees it differently please um this is sharon saletta

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i'm sorry i know that i've seen this i'm checking tomorrow's list to see if it is listed there

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um no worries if it's going to be continued just send me an email and i promise that i will put

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them together my apologies well it's no no absolutely no problem we would like to have the

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3319 North 17th heard today, obviously. I just wanted to clarify about Ontario so there were

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no issues in case it was listed for today, but we can do that offline. Excuse me, this is Sharon

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Saleta. Since you have brought up 17th Street, I think I should note that the exhibits, I didn't

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receive the exhibits until yesterday. Did you previously submit them to the RCO mailbox? I

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attempted to but i did it again yesterday just just to double to ensure okay my apologies for

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that miss aleta that's fine as long as they um miss sunk it if you could confirm that you've

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received them then i'm fine with that i could number four on our list i can check oleg i don't

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think we received them either timely. DBA staff, could you

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confirm please? So typically, if they're not received within five

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days, it's a continuance prior to the hearing.

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I believe I attempted to send them and if I if I didn't, my

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apologies and if there's any way the the board would allow us to be heard today it would be very

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much appreciated. Frank that's you all's call. Yeah but we don't have we we don't know if the RCO

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received it is that we're saying? No um we were to have received it within five days. I did receive

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it yesterday there was an RCO meeting um I at this point have all the documents we need

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the board's call all right well we'll hear it it's number four on our list correct

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thank you mr chairman all right is there are there any other cases uh requesting continuance

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or withdrawals we have a matthew bailey he's been unmuted thank you mr bailey please identify

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yourself with the record spell your name

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Mr. Bailey please unmute your mic to speak to a continuance

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Okay we'll move forward with Matthew Bailey

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Mr. Bailey please spell your last name

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B-A-I-L-E-Y

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and you are i am uh asking in front of mi 2020 00 1262 that's 321 east worcester street

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and you're you're i'm a neighbor a resident a neighbor excuse me one second i need to swear

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you in you swear for him to tell the truth the whole truth nothing but the truth i do excuse

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me i believe that this was on the list of continued we already continued it right

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i understand that what i'm asking is this is the second

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I understand that. What I'm asking is this is the second continuance.

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And I'm wondering how many more continuance is this gentleman is going to take.

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This is kind of difficult to get involved with this to take off from work to

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Okay, just just excuse me just one minute. Tanya, is this correct that it's already been continued?

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Yes, it has already been continued. But if I can recall, I could do the research,

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I believe the request, Ms. Saleta, was both the RCO and the attorney?

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I believe that's correct.

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Yeah, so that's the purpose of the continuance.

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Well, do it must be heard?

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It's not necessarily required because the application just came in in July, so it's up to you, Sherry.

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All right, I just want to make sure it's not one of those cases where...

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No, it's not.

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Mr. Clinton is the attorney of record, and he made a case as to why the continuance was being requested.

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it. Typically, if they don't make a case, I will not encourage them to continue. I'll have them

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come before the board and discuss the continuing. Very good. Okay, Mr. Bailey, this will be

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continued. And we suspect based on Mr. Clinton, who's a reputable attorney, we'll have the hearing

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at the next date. Thank you very much. Thank you. I'm sorry, but just for purposes for Mr. Bailey,

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We have this continued to February the 24th at 2 p.m.

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If that works for you, okay?

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Tanya.

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Sorry, I was writing that down.

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Yeah, I guess that'll work 2 p.m., 24th of February.

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All right.

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Thank you so kindly.

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Thank you.

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Anyone else?

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We have a Matthew Monroe.

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He's been unmuted.

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Mr. Munro, good afternoon.

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