civus
Hearing video

ZBA Hearing - September 17, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Sep 17, 20256h 43m

and make sure my documentation is in order.

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and it was just more of a price point type of situation for me to to get representation because

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it was under the llc okay so for 10 years it's been like this yes ma'am that's correct

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okay thank you welcome yeah yep so the first floor unit do they have access to the basement

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uh yes they have access to the basement however it's not livable it's just for storage purposes

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only and it's just the first floor they can use that for storage yes ma'am okay and is there

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also a rear yard that they can access uh yes there's also a rear yard they can access to as

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well okay so where's the trash being stored for the second floor unit uh directly in the front

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in the front of the house. We have

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trash cans available.

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Trash goes out, I believe, on this

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block on Tuesday,

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every Tuesday.

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Other questions?

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Questions or comments

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from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Comments from the virtual audience?

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I do not see any hands, Mr. Chair.

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Planning Commission?

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Michael Gall, fellow of the City Planning Commission.

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The comprehensive plan

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recommends no change to the existing RSA-5 residential single-family attached zoning at

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this location. There is no unique condition or circumstance of the property that would prevent

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it from being used in strict conformance with the zoning code. Therefore, the City Planning

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Commission recommends the board deny the requested variances for two-family use.

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Thank you. MI-2025-001-611-1323 North 49th Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is yes.

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i am mcadams my vote is yes thank you um thank you uh counsel so hillary should i

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mention the cases we're going to hear okay thank you appreciate it okay so let me see here

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right with you

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two

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so I

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one more I got to grab here

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four

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yeah so

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four MI20

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all these cases will be heard

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at 2pm

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number four MI2024

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004-415

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5338

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Walnut Street

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also number

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Number 14, MI 2025, 001-583-332-34, West Gerrard Avenue.

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David Orfanides is his attorney.

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Number 15, MI 2025, 001-587-5034.

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15 MI 2025 001 587 5035 Spruce Street.

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Tameka McCoy is the attorney.

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Let's see here.

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And then number 17 MI 2025 001 674 254 South 11th Street.

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Joseph Counsel is the attorney.

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We will take those cases first at 2 o'clock,

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and then we will then immediately go into the 2 o'clock list.

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Is there anyone else in the audience who has not heard your name called?

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I do not see any further hands, Mr. Chair.

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Okay. Thanks, everyone. See everyone at 2 p.m.

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This is going to be a continuation of the 930 meeting.

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So we're going to start with.

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Number four, MI 2024-004-415-5338 Walnut Street.

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George Gossett is the attorney.

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There's a letter of support from the West Philadelphia Economic Development Council.

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Okay.

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Do we see it, George?

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So MI 2024-004-415-5338 Walnut Street, George Gossett Jr. is the attorney.

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Is he there?

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okay so I'm sorry Mr. Chair I do not see him in the audience great thank you so

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okay so MI 2024-004-415-5338 Walnut Street that case is continued to 2426 at 2 p.m.

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or me

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2

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it's 0-2

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that's 2 p.m

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oh I'm sorry

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I'll see who it is

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sorry about that

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I thought I was doing good

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getting my list out

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hello

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Nafisa Woodlock you can unmute yourself and speak

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I think one got the move

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Okay, so MI2024-004-415-5338,

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Wallace Street, that case is continued to 3426 at 9.30 a.m.

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Number 14.

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MI2025-001-583-332.

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Can you hear me?

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Army. Hello. OK. So number 14, MI 20, 25, 001, 583, 332 to 34 West Girada Avenue. David Orfanides is the attorney.

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David Orphanides will be rejoining us as a panelist.

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Good afternoon, Mr. Chairman.

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Mr. Orfanides, you've already been sworn. Just for the record, state your name.

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Certainly. My name is David Orfanides.

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Right. Could you identify your client and the relationship to the property?

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Certainly. My client is Prosperous Group LLC, and they are the owner of the property.

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Okay. Tenetta Graham has a few questions.

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Okay. Tenetta Graham has a few questions.

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Sure.

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Sure.

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Good afternoon. Have you submitted your documents five days in advance of this hearing?

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Good afternoon.

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I did.

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Okay. And I think this is a referral. So do you stipulate to the reading of the referral? And are you okay with its accuracy?

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Yes, I am.

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All right. Thank you.

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And we also have a letter of support from Northern Liberties Neighbors Association with some enforceable provisos. And Councilman Young, too.

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oh did councilman young today chime in yeah he sent a letter of uh non-opposition oh okay

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because originally on the email from the planning commission um designated northern liberties

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nlna is the coordinating rco they had copied uh councilman school council member squilla's office

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so i contacted them and they wrote me a letter as well so we have we i guess we have two letters

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because I haven't seen Council Member Young's letter yet.

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All right.

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So as you know, David, we're behind.

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Yeah, I'm just going to rock and roll through this.

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Exactly.

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Can you see my screen?

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Yes.

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Okay, fantastic.

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So this is a special exception case.

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It's a special exception because the ground floor and cellar of the property

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is going to be utilized as a takeout restaurant.

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up on screen right now you can see a photograph of there's two phases to this project one is

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taking an existing one-story structure and renovating that one-story structure and putting

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an addition above that was done by right so that was phase one and that what you're looking at is

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what the building is going to look like when that construction is completed this is the as part of

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that permit there were four residential dwelling units above and to the rear and then there was a

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vacant commercial space at the ground floor. The property is CMX2. My clients presently,

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they started their business. They have a Papa John's down at 713 West Girard Avenue. This is

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their Papa John's. And they've expanded their business. They have one of the busiest Papa

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John's, I think they said, in the country at the community group meeting. They run a great

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operation. You can see in the interior photos, extremely, extremely clean. Amazing. It's

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incredible how clean their operations are right now. They've been operating here since 2014.

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That's when they had their lease. And they eventually, they bought the building down

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the street. Again, we have photographs of the existing building and I can show you in a second.

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Here's the existing structure as it presently stands.

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So they bought this building, and as mentioned, they did two phases.

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They did the buy rate addition with the residential units above, and then they've come back with the application to move their business up the street from Girard Avenue, from 713 West Girard, down to this location.

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This property has a history of being used as a restaurant.

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um you can see here well it was originally 1938 was a gas and service station 1961 there's a

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zoning permit for a restaurant 62 66 66 it's a pizza eating and takeout 98 restaurant david i

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think we are you know i don't think you got it through everyone why we have no worries i'm not

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i'm not looking at each one i'm just telling you what they were so the um the other thing is is

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that um yeah so there's been a pizza place here the street view images the historical street view

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images show a pizza place being at this location um we're located on west gerard avenue obviously

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a very busy commercial corridor um the other properties on the block most of them have been

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granted use variances i went to 338 west gerard for use variance 342 to 54 west gerard which is

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a large development project has a use variance. Again, so this, what we're looking to do is

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simply to utilize the ground floor of the subject premises. And you can see floor plans right here.

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Give me one minute.

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Near the floor plans. So the restaurant will be in the front portion. There'll be an area where

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people come in and pick up their orders. Here's all the prep. Again, there's a unit to the rear,

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And then they're going to utilize the downstairs, some storage, but mostly utilities for the building with the apartments above.

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As you mentioned, we did we did meet with Northern Liberties there.

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They have a letter of support. They do have provisos in their support letter.

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We are doing also doing a community benefit agreement with them to not only pick up these these provisos to the extent any of them or even if they are to be picked up by the zoning board.

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um and then um so david so you know here's what we have venting through roof interior trash storage

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commercial trash pickup three times a week hours of operation 10a

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commercial trash pickup three times a week, hours of operation 10 a.m. to 3 a.m. And we have a

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question if that's daily or not. That's daily. It's seven days a week. Thank you. Yep. And that

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was part of the, you know, we had two commute meetings with Northern Liberties to hash out all

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the details. We wanted to make sure that my clients are awesome. They run a great operation,

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but we know zoning runs with the land. And the idea was to make sure that in the future,

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sure if they ever don't operate here, there's not going to be a problem. So between these

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provisos and the ones in the CVA, everybody felt comfortable moving forward. I have a copy of my

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deed showing my clients purchased the property in 2024, tax compliance documentation, the notice

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for today's hearing, the posting photographs both on West Girard Avenue and on North Oriana,

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which is a side street. And then again, we had two meetings with the community group,

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one on April 7th. We have a certificate of service and a list of addresses. And then again,

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on August 25th, we met. And I have not seen Council Member Young's letter. I don't know

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if you said that that was a letter of support. I will have Hillary send you a copy over.

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That'd be great. So I'm assuming it's supporter, non-opposition.

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Non-opposition. Yeah, great. So we believe the criteria for the granting of a special exception

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have been presented in this case. There's nothing about this operation and it's any worse

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than what a takeout restaurant would normally be.

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In fact, we believe that it's going to be better with my clients.

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And for those reasons, we respectfully request that the zoning board grant

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the application for a special exception.

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Could you bring your client and have your testimony adopted?

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Thomas Ludovic.

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What's your client's last name?

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Ludovic Thomas, or it's Dennis Oker,

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a.k.a. O-K-U-R

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or Thomas?

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Ludovic Thomas is coming back in as a panelist now.

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Fantastic.

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Yes, hi, good afternoon.

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Hi, sir, good afternoon.

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Could you please state your name and spell for the stenographer?

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My name is Ludovic Thomas, L-U-D-O-V-I-C-T-H-O-M-A-S.

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Could you please turn on your video?

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

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Yes.

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Please proceed, counsel.

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Thank you.

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Ludovic, did you hear the statements I made to the zoning board?

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Yes, I did.

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Are they true and correct to the best of your knowledge?

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Correct.

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Yes.

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You adopt them as your own?

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Yes.

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