civus
Hearing video

ZBA Hearing - February 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 2, 20225h 49m

questions from the board no mr chairman no mr chairman questions from the virtual audience or

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statements no hands chair planning commission good afternoon david vecto city planning commission

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mr chairman members of the board the comprehensive plan recommends no change in the single family

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residential zoning at this location this is an 890 892 square foot lot there is nothing unique

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about this lot that would prevent it from being used in conformance with the zoning code there

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is one legal two-family home on the block face all other homes on this block face are single families

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so the city planning commission recommends the board deny the requested use variance

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Thank you. MI 2021 002826 2713 Montgomery Avenue. My vote yes.

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Carol Tineri. My vote is yes. Thomas Harleman. My vote is no.

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James Snell. My vote is yes. Ishmael Shaheed. My vote is yes.

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Thank you. MI 2021-003220-2801, Grant Avenue. Letter in support, recommending three-year proviso. Councilman O'Neill, letter in non-opposition with three-year proviso.

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Attorney is Ami Farrell.

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Chair, we have a Natalie Young

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with her hand up.

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So let's see who she is.

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I will have, yes.

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Ms. Young, you can unmute yourself.

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Good morning, Chair.

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Or good afternoon, Chair.

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I'm Natalie Young.

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I'm here for Amy Farrell from Kaplan-Stewart

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on behalf of the app.

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are you an attorney yes for 28 on behalf yep yep okay state your name and spell it please

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yes it's natalie young n-a-t-a-l-i-e uh y-o-u-n-g all right do you swear for him to tell the truth

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the whole truth and nothing but the truth yes our chair our vice chair has a few words for you

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i'm sorry chair she's coming in now as a panelist okay

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Okay. Is this go? Okay. Do you agree to waive the reading of the refusal and stipulate to its

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accuracy? Yes. According to the notes we have, everything has been submitted as required. Is

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that correct? That's correct, yes. You may proceed. Okay. And I'd like to ask permission to

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share my screen. That would be great. Love screens. So just to give a little bit of background,

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this property is located at 2801 Grand Avenue. It's zoned as an I-2 and it's presently used as

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a fitness center and gym. The applicant is actually looking to continue the use of the

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fitness center and gym, but they're looking to add two additional uses for a fresh grocery market

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and for use as a sit-down restaurant. The property is located in an area that's basically known as

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a food desert. And there's no really cost effective, nutritious options nearby. So the

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owner who's here with me, Tony Chowdhury, of Fusion Gyms is looking to kind of add to the gym

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a healthy option that both his customers of the gym and the public neighboring community can have

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that area. Many of the neighboring community members travel, I think, over to Ben Salem

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for groceries, and so this would give an option, something fresh and local for making sure.

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um something something fresh and local for the thinking uh so we are seeking relief and i'm gonna

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see if i can share this here

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all right are you able to see that yep okay so this is the refusal um again we received a refusal

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with regard to the use for food, beverages, and groceries, because it's an industrial zone,

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I-2, and then also the refusal with regard to the sit-down restaurant, because it's an industrial

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zone. Just to kind of streamline the process, I'd like to include my exhibits, which, let me bring

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the list up. I'm just going to kind of quickly go through and read them in. Exhibit one provided is

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the deed. Exhibit two is the lease to Fusion Gems with the amendment that makes it current.

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I believe the amendment goes through 2028 with two five-year additional options. Three is the

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tax clearance certificate. Four is the amended refusal that we just took a look at. Five is the

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appeal application. Six is the project information form. We were actually here, well, we were actually

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before the RCO before. With regard to a use as a takeout restaurant, that has since changed,

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so we sought leave for an amended refusal. That's Exhibit 7. Exhibit 8 was the approval

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for leave to get an amended refusal. Exhibit 9 is the RCO notice letter, and Exhibit 10

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is the posting of the zoning photos, the zoning notice and photos. And if you turn your attention

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Attention to Exhibit 11.

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Oh, I apologize.

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Alright, so Exhibit 11 is the aerial of the property.

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To kind of give you an idea, here's the building here on Grant Avenue.

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There's a better look at the building on Grant Avenue.

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And here's the shopping center where the building is located. So Fusion Gyms is back here.

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I believe this is in Autism Speaks here. There's an existing pylon sign in the front.

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And then to give you a little bit more of a close-up, here's Fusion Gyms, where Fusion Gyms is located.

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And again, as we discussed, it's in an I2 industrial zone right here in the middle.

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and we are continuing the use. So we're looking to continue the use as a gym. So here's the

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historical permit. This has been a gym since 2016. I believe he currently has 3,500 existing gym

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memberships. And so this is the proposed use. And so let me see if I can bring this down here.

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Oh, maybe up one. All right, so the gray portion in the middle and the gray portion to the left,

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those are the continued space that will be occupied by the gym. He's seeking to add in

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this blue portion here to the right. This is where he's seeking to add the dine-in restaurant.

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We'll get to it in a minute, but essentially there's a service counter that people would walk

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up. There are six sets of tables for larger groups and then six sets of tables for smaller

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groups that are proposed. And then over in the green on the left here, this would be where the

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produce market location would be. Both the produce market and the dine-in restaurant are accessible

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from the outside. There's, I believe, an existing door at each location already and also would be

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look accessible through. Okay. So here is how close to the

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boulevard is this? Um, I'm so are you talking about off of

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Grand Avenue, you're saying 2801 Grand Avenue. How close to the boulevard?

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So off of Grand Avenue, this is set back quite a bit.

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I believe there's a grassy area before the parking lot and then a parking lot and then the building is set back inside.

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Let me see if I can go back to my picture.

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The one picture kind of shows where it's located a little better.

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the idea that's the northeast airport behind your northeast northeast airport is back here

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the idea that's the northeast airport behind your northeast northeast airport is back here

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i now i know where i am i mean you a little um and then here if you want to see there's

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a grassy area before there's the parking lot and then the building

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okay we got it thank you

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um all right let me pull my floor

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And to kind of give you an idea of the proposed restaurant space, we're proposing to have

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a service counter that's approached to order the food, then you would have a space to sit

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down or here's the service counter, you would have a space to sit down at a larger table

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and then smaller tables along the back of the restaurant. Okay, to give you kind of an idea,

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these are renderings, concept renderings. This is what we perceive the restaurant space would look

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like. Here's the tables. These are the larger tables. These are the smaller tables. This

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would be the service counter area. These are the types of dishes. So we're going to offer

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a variety of dishes. The idea is kind of to have a fresh option, kind of fresh bowls with a variety

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of foods. I believe international foods as well as, you know, common options. But the goal is to

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offer quite a bit of food to choose from. And the dishes are prepared to order.

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And again to give you kind of an idea of what the restaurant space would look like.

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For the produce space it would kind of be set up along this line where there would be

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different options where you could just go up and pick up your apples or your

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berries or various vegetables. And this is kind of how how we expect that would be laid out.

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So, we did meet with the, very recently, I believe you should have it in your packet

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with Walton Park Civic Association, it was a very well attended meeting.

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And I believe at first there was potentially some concern for the use, as they are concerned

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that the building itself is quite large and so that the use, you know, while we intend

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only use a portion of the building for a restaurant, a portion of the building for

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produce, and the remainder of the building is the gym. They were concerned that should

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fusion gyms leave this location somewhere down the road, that this could be adopted for an

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entire grocery store or an entire restaurant. However, when we met with the community, they

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were very, very interested. They agreed that this area is kind of a grocery desert or a produce

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desert, and so they were very interested in the fresh food options and the variety

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of dishes that the restaurant would carry. So we were able to come to a proviso agreement

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where they would like to see the use be temporary for three years, and then we would come back to

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see if it could be accepted. I would like to point out too though that the lease that

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Fusion Gyms currently has is 12 years with two options for five years, and so they intend to be

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there for some time they're sinking quite a bit of of funds into the development of this property.

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And then also Councilman O'Neill was in attendance at the meeting and so his office

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supplied a letter in agreement with the with the proposal with Proviso.

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So I should have Tony Chowdhury here. Chowdhury if you could raise your hand I'd like to

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

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Sir, could you state your name and spell it for the court reporter?

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Yeah, my first name is Sadagar, S-A-D-E-Q-U-R, Tony, T-O-N-Y, last name Chowdhury, C-H-O-W-D-H-U-R-Y.

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

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I do.

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Proceed.

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Mr. Chowdhury, did you hear my full testimony today?

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Yes.

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Do you agree with the accuracy of that testimony?

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Yes.

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Okay.

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Do you adopt my testimony as your own?

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I do.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission?

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Good afternoon, Chair Bergman, members of the board, David Fecto, City Planning Commission.

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Good afternoon, Chair Bergman, members of the board,

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David Fecto, City Planning Commission.

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The comprehensive plan recommends no change to the medium industrial zoning at this location.

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We did want to note that the area that the property is located in does not meet the definition of a food desert.

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There's a giant Walmart, Wawa, and Aldi all within a half block of this property.

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Although the proposed food and beverages and sit-down restaurant are not allowed in this zoning district,

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They are businesses. And it's more important for the city at this point that we prevent

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residential encroachment into the industrial zones than it is to maintain a specific type

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of business here. So the City Planning Commission is going to recommend that the board grant the

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variances for food and beverages and a sit-down restaurant. Hi, Chair. This is Tanya, the

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administrator. May I make a quick request that Mr. Jim Snell go out and come back in?

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You absolutely can.

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Jim, are you there?

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Does it sound like he hasn't?

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Yeah, he just.

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Okay, his technology is a little messed up.

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Okay.

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All right.

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He went out.

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He was out.

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Let's see what if he comes right back in.

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Very well.

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Thank you, Chair.

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MI 2021-003-220-2801 Grant Avenue.

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I vote yes. Three-year proviso ending March 2nd, 25.

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Carol Tenere, my vote is yes with proviso.

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Thomas Holloman, my vote is yes with proviso.

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Mr. Chairman, Jim Snell here. Can you hear me?

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We can hear you perfect now, Jim.

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All right, I'm sorry about that. I must have lost Wi-Fi or something. My vote is yes.

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Jim, you got to say with proviso.

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Oh, with proviso. I'm sorry. With proviso.

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Ishmael Shaheed, yes, with provisos.

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Thank you very much.

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And Chair, this is Tanya again. I just wanted to be certain that it's going to be March 2nd.

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Yeah.

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Not February. Okay. Thank you, Chair.

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No, I said March 2nd, 25.

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Thank you.

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Okay.

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Okay. MI 2021-004-453-3301 Solly Avenue. Special exceptions required for educational facility. Approved by Councilman Heenan. No RCO letter from Homesburg Civic, but Councilman Heenan's letter quotes the RCO.

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who's coming back in as a panelist now hi Mr. Ransom please state your name and spell for the

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court reporter uh good afternoon chairman my name is Robert Ransom uh first name Robert spelled

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the typical way last name Ransom spelled R-A-N as in Nancy S-O-M as in Michael uh just like the word

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from the law firm, Ostradley, Bronin, Stevens, and Young.

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I'm here today on behalf of the-

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Wait a minute, wait a minute, one minute.

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

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I do.

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All right, and our vice chair has a few questions for you before you start.

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Hi, Mr. Ransom.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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It appears, according to my notes, that you've submitted all the required documents.

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Is that correct?

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That is correct.

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okay great you may proceed yeah thank you i'm here today on behalf of the archdiocese of philadelphia

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with regard to a special exception application

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in connection with the father judge high school campus located at 3301

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sally avenue and if you'll allow me to share my screen

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