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Hearing audio

ZBA Hearing - April 15, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 15, 20266h 18m

no hands at the sound chair planning commission amy boy with the planning commission the

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The Comprehensive Plan recommends no change in zoning at this location from the current

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CMX II commercial mixed use.

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The Appellant has not demonstrated that there are unique physical conditions or circumstances

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of the property that would prevent it from being used in conformance with the zoning

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code.

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The Planning Commission recommends that the Board deny the requested variances for drug

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paraphernalia with 1,000 feet of another regulated use, within 500 feet of a protected use-slash-residences,

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and use in the cmx 2.5 zoning district so if i can just comment on that um so again this has been

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a retail sales for a long time it's a small shop and these uses are typically common for

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this type of sort of overall use the code presents a hardship in and of itself and that it doesn't

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allow for this use anywhere. And most places, given the makeup of the city, are near residential

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or near another regulated use or near a property line of residential. So you'd really make it that

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you could literally have this nowhere in the entire city. I'd also just add that it has support

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from the near neighbors and non-opposition from the community group who helped vet the project.

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I would say so MI 2025 007381 4369 Crescent Street I vote yes with proviso first floor only

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and use limited and by the way I'm going to pretend I know what all this is okay

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So first bongs, dab rigs, glass pipe, grinders, pipe screens, tabletop vapes, and water pipe

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it was worth sitting on here all day

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you know i gotta tell you i enjoy when we do things different we right before you were on

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we did a pickle factory object i saw that that was great that was great michael johns my vote is yes

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with proviso cheryl gaster my vote is yes with proviso

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cheryl gaster my vote is yes with provisos

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tennetta graham my vote is yes with provisos ryan mcadams my vote is yes with provisos

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taya when my vote is yes with provisos thank you council thank you

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wow that was something

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So here it is, 13. MI-2025-007-411-21-Wolf Street. Ronald Patterson is the attorney.

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Mr. Chair, I wanted to let you know that this matter has actually been withdrawn because it was determined with L&I that the property should have been reviewed under a different zoning district

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and that the use would be by right under that zoning district so this matter has been withdrawn

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all right so why don't we take just a five minute break is that okay and then we'll just come back

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and read off what we have and and tanetta you you're the hero of the day because every time

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you spoke it got worse i just said we got to get her to stop can we send it i mean

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Cheryl was here ready to run in and take over for you, but you kept wanting to do it.

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What's wrong with you?

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You've got to keep exercising it.

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Did you ever think we'd be proofing the drug power?

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So it's so okay.

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Hmm? It's like a, I don't know, it's like a, it's like a material. It's like hard but sticky. It's kind of like jelly answers if they're wet.

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And it comes on paper that's like those candies that you set to like peel off where the paper would be stuck to it.

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Now, how you do the drug, I don't know,

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but I know that's what the devil is doing.

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I think he's got it.

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Uptah?

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You know what, I'll tell you,

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because he's the 13th, he's the 13th.

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Somebody might come.

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I think it was Debbie.

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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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Thank you.

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Thank you.

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Thank you.

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everyone my name is bill bergman and i will be sharing this uh hearing of the philadelphia zoning

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board of adjustment with me is our board vice chair tenetta graham president mr chairman

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our board secretary cheryl l gaston present mr chairman board member michael johns

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president mr chairman remember tya winn president mr chairman board member ryan mcadams president

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mr chairman also present is our attorney hillary emerson our executive director in haggerty and

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our zoning board uh director uh no our board administrator lakeisha dandy recording of this

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hearing will be available on the zba website by participating you you consent to be recorded

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this is an in-person meeting with remote capabilities whether remote or in person if

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If you are called to speak, you must state your name and then wait to be sworn in.

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Once you've been sworn in, please state your name each and every time you begin your testimony.

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Any person may enter their appearance to become an interested party in the cases.

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There are three ways. You can identify the case property address on your Zoom webinar. You can see a staff member, or you can call the ZBA appearance line by the close of business tomorrow.

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call 267-270-5548, leave a message that includes your email address and the address of the appeal

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case. The following guidelines are for remote attendees. First, when directed by the chair,

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You must raise your virtual hand in order to be recognized.

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Second, if you're called to testify, you will be promoted to join as a panelist.

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Please accept the request and turn on your camera.

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Third, the Q&A is for questions about the hearing. Do not comment on the cases of the Q&A.

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And fourth, if you are participating by phone, press star nine to raise your hand and star six to unmute.

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There's no one here. We won't have to do anybody here. We're going to go through the cases.

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number one mi 2022 001 988 554 52 north 5th street sean ward is the attorney is mr ward here

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i do not see him in the virtual audience mr chair all right so this is the third listing

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So for MI 2022-001-985-5452 North Fish Street, I vote to dismiss and waive the two-year rule.

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Michael Johns, I vote to dismiss and waive the two-year rule.

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Cheryl Gaston, I vote to dismiss and waive the two-year rule.

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Cheryl Gaston, I vote to dismiss and waive the two-year rule.

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Tanetta Graham, I vote to dismiss and waive the two-year rule.

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To Netta Graham.

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Ryan McAdams, I vote to dismiss and waive the two-year rule.

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Tywin, I vote to dismiss and waive the two-year rule.

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Number two, MI 2024-002822-807 East Roosevelt Boulevard.

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um this case has been continued several times uh is mr shawana is mr ward in the audience

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again mr chair mr ward is not in the virtual or in-person audience so number mi 2024-002-824-8007

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east roosevelt boulevard i vote to dismiss and waive the two-year rule dr johns my vote is to

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dismiss and waive the two-year rule. Cheryl Gaston, my vote is to dismiss and waive the two-year rule.

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Tynetta Graham, my vote is to dismiss and waive the two-year rule.

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We can do three and four together.

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Ryan McAdams, my vote is to dismiss and waive the two-year rule.

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Di Owen, my vote is to dismiss and waive the two-year rule.

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Sorry, you can call them together. I do see Mr. Harris in the virtual audience.

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he is there yes so mi 2024 007 462 6215 north 13th street

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and number four mi 2024 007 464 6217 north 13th street mr harris

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they're being promoted to panelists share

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good evening panel members Mr. Harris could you could you please state your

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name is spelled for the stenographer uh yeah sure jermaine harris j-e-r-m-a-i-n-e h-a-r-r-i-s

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and do you swear or firm to tell the truth the whole truth nothing but the truth

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i do would you give us an update on these two cases so we i i just i spoke to my client last

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week and we need to get some well there's two issues the first issue is uh there are additional

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there are drawings revised drawings that need to be done for this uh building uh in order to make

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a proper presentation well i'm sorry for both buildings that's the first issue and a second

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issue is that there is a tax clearance issue for this sense of the same entity owns both buildings

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so we would just be asking for the soonest possible date so we can get this we realize

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it's been continued i believe two times before so we would just be asking for uh the nearest date

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with the understanding that you know it needs to be tried i guess at the next hearing all right

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sorry mr harris i just had a question um so last may there was a request for continuance to have

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more time to modify the plans had they not been modified since that request so they were modified

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but when i saw them and after doing a walkthrough it just didn't properly depict

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what needed to be done for what he's requesting

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okay all right it just wasn't accurate it wasn't accurate to what he's

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requesting so mr. Harris so am i 2024 0 0 7 4 6 to 62 15 or 13th Street and am i

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2024 0 0 7 4 6 5 62 17 or 13th Street the case is going to both cases are

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continued to july 15th at 3 30 p.m hold on let me just make sure it must be heard must be heard

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i mean germane this will be the last time understood thank you just said we understand

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all right thank you i appreciate it thank you sorry let's see here number five mi 2025 003

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eight zero eight hold on zero zero three nine eight zero

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0309804918 walnut street um rachel properties limited um alex mussy is also one of the applicants

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um no we have no exhibits yet this is the second listing

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Mr. Chair, this matter requires an attorney.

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The applicant did appear at the previous listing, but we do not have a record that an attorney has been retained yet for this matter.

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Great.

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Is anyone responding?

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No hands at this time, Chair.

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We're going to dismiss this.

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MI-2025-003-985-4915, Walnut Street, I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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That's 49-18.

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I think he said 15.

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That's 49-18.

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18?

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Yeah, 49.

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Yeah, 49-18.

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Cheryl Gaston, my vote is to dismiss.

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Tynetta Graham, my vote is to dismiss.

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Ryan McAdams, my vote is to dismiss.

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I win. My vote is to dismiss.

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Number six, MI 2025-003-995-5211, Beaumont Street, Ramon Properties, same group.

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Yeah, Rahabah Property.

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Right, this is the second listing.

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Yes, and also ABL Mussey is the listed applicant.

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the same situation in this case, Mr. Chair, an attorney is needed. We don't have an indication

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that one has been retained. The applicant did show up at the prior hearing. We have received

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no exhibits for this hearing. All right. So MI-2025-003-995-5211 Beaumont Street, I vote to

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dismiss michael johnson my vote is to dismiss cheryl gaston my vote is to dismiss tenetta

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graham my vote is to dismiss ryan mcadams my vote is to dismiss iowen my vote is to dismiss

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number seven mi 2025 006 969 59 48 north camac street james tucker

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This listed applicant is the first listing.

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We have a request for a continuous, am I right?

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So this case will be continued to 715-26 at 3.30 p.m.

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Is there anyone in the audience, must be heard, by the way,

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is there anyone in the audience whose case has not been heard?

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There's nobody in the audience to begin with.

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No hands at this time, Chair.

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oh thank everybody and tenetta thank you again you didn't have to do that you could have no problem

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see you guys next week when you when you got the tech beat i figured oh my gosh maybe she collapsed

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oh my goodness i was like they can't hear me they can't hear me i had to switch computers thanks

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everybody. All right. Take care.

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