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Hearing video

ZBA Hearing - October 19, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 19, 20216h 56m

Beautiful.

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So this particularly concerns the Boyd Theater Space,

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and it's an application for an eat-in restaurant with accessory signs.

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The property is located in the CMX-5 commercial zoning district,

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as well as in many Center City overlays, but the pertinent one being the one that requires for any restaurant located on Chestnut Street, Walnut Street, or South Pro Street to go to the zoning board for special exception approval.

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This restaurant will be a new Stephen Starr restaurant, one of, I guess it's number 21 in

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Philadelphia. And as we know, each one is new and different, and this one is a sports-themed

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restaurant. The name is entitled Bankroll. The project, as you can see from these renderings,

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will involve substantial preservation and renovation

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of the Boyd Theater, both inside and outside,

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this being the lobby here that you're looking at now.

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Again, it's themed on sports,

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but with an array of modern technology

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throughout the building to create

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a new and different sports experience

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in that main room that's on the screen.

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There was a combined refusal referral letter issued.

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The referral, as I mentioned, was for the eat-in restaurant.

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Proposed restaurant will have a capacity of approximately 400.

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People know dance floor, know live music.

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We've agreed to all the standard conditions that are set forth, usually by the Center City Residence Association, CCRA, along with a detailed side MOA that's not part of this application, of course.

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but it's very substantial and adds an array and layers of non-zoning related protections.

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No outdoor seating, for example, no roof deck, security and the like, and indoor stories of trash.

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We've also met, of course, with William Penthouse, and we've been in correspondence with them,

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and now with our esteemed Mr. Mattione, hopefully we'll work this out.

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Now, we believe that our use and our protections with the restaurant will create no adverse impacts, including to the entrance to and hopefully the William Penhouse, but we're continuing discussions.

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The refusal regarded signage, and I'll show you the signage here.

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The application was comprehensive for reuse of this historic marquee.

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Of course, the Boyd Theater is designated as historical.

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And so the signage would bring and resurrect this marquee back to life,

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bring and resurrect this marquee back to life including some reuse of these menu or movie

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including

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panels here. We did have and by the way these signs complied as a matter of right with the zoning code

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both in terms of total area and sizes of each sign. Not depicted here but on the original application

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there were two digital signs that screen. Excuse me, some noise. We're getting background noise.

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I handle the chair. Please keep your mic closed. Thank you. Thank you, Tom.

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Mr. Patterson, please proceed. Thank you. And these signs are straddled in front of the former

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gap building. We did go present to the Art Commission because the Art Commission has

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jurisdiction over signage on Chestnut Street, they were going to vote against that sign

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because of its location and nature. So we withdrew those signs from our application to the Art

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Commission, and we are withdrawing them from this application. So our application now defaults to a

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simple special exception referral for this restaurant. And my Art Commission approval is

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attached to our application uh we did meet as I mentioned with CCRA official meeting was September

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28th and had some expansive and numerous calls and emails and correspondence so with that said

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I just want to call two witnesses just to you know confirm my testimony and the like

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and I think we'll be finished for now so if you could promote Michael Palermo

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He can unmute himself and wait for the chair.

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Do you hear me, Ron?

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I do, Michael.

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Okay, I'm good.

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Good afternoon, sir.

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Please spell your full name and I'll swear you in.

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My name is Michael Palermo, M-I-C-H-A-E-L-P-A-L-E-R-M-O.

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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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Thank you, Mr. Pat.

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Good afternoon, Michael.

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Could you please tell the board what your job position is?

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I'm the Director of Development for Star Restaurants.

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I've been employed with Stephen Starr and Starr Restaurants for 23 years.

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And you've heard my testimony so far.

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Would you agree that it's true and accurate and you would adopt it as your own?

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I would, Ron.

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All right. Thank you.

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So as I mentioned, Michael, this is a Stephen Starr-run beverage and food concession restaurant here.

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It's an eat-in reservation only. Is that fair to say?

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we will accept reservations yes okay and it's a sports based themed restaurant if you want to

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elaborate on that that's that's fine i can elaborate on it i mean sure uh philadelphia

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is is a great sports town uh probably one of the best towns in america all four major sports

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franchises are located here and we are building and designing a really a kind of unique upscale

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boutique restaurant that is sports focused however it is also comfortable for guests

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who are not primarily interested in sports this restaurant will complement our other

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Rittenhouse restaurants like Bark and Barkley Prime, The Love, Continental Midtown, and Dandelion.

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We've been working on the project for quite some time to make sure that the technology for the

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televisions is integrated well into the dining experience. And last, I just want to add that

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this particular building has a variety of venues if you will inside the building there's a 140 seat

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more formal restaurant where tvs and the sports viewing is a little bit more in the background

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there's two private dining rooms on the second floor one for approximately 40 guests and one

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for 20 guests on the second floor overlooking the marquee that it also is a more intimate

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speakeasy type bar uh and last but not least there's the the great room which is the old

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historic void lobby which you're looking at right now and uh and that room is the kind of

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And that room is the kind of, I call it the great room in the center of the space.

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i call it the great room in the center of the space

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Peace.

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We really believe this is a one of a kind dining experience, including dining and beverage and where guests will be able to enjoy the entertainment of sports.

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And so, Michael, if I could, so it's a sports space.

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This is not a use that would have a gaming license, correct?

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Just to put that on the table.

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Absolutely not.

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This is not a sports book.

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This restaurant is a restaurant that appeals to sports enthusiasts.

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And the seating capacity is 400 persons.

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Is that correct?

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Yes, if you add up all those venues, 140, 60, 40, 50, and 110, it's 400 seats.

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And as far as the storage and removal of trash, as I mentioned in my opening, that these spaces are part of a larger development that spans back to Sampson Street.

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I'm looking for a site plan here.

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And so your storage of trash and removal would be where, Michael?

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This is our space here.

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The building is a part of the Harper complex.

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And on the 20th Street side, between Chestnut and Sansom, the Harper has a loading dock and a garage.

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Within that loading dock and garage is a quite large trash compactor for wet trash.

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as well as a area to receive recyclable trash.

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So it's all inside.

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It will be picked up seven days a week.

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And Michael, as typical, you have numerous staffing

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and Mr. Chairman, if I had more time,

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I would have someone testify about our security plan

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and report, which I did attach to our exhibits.

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If there's any questions for Mr. Palermo, then I'll move on to our architect quickly.

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Any questions from the board for Mr. Palermo?

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No, Mr. Chair.

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None.

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No.

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Okay, Ron, we can move on.

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Great.

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Sure.

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Robert McCall, MCCALL.

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Would they be able to raise their hand, please?

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and he's been unmuted

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can you hear me yes yes please spell your full name and i'll swear you in uh robert mccall r-o-b-e-r-t

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m-c-c-a-l-l j-k-r partners architects where you swear if i'm to tell the truth the whole truth

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nothing but the truth i do mr patterson thank you uh mr recall uh you're the architect uh on

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this project fair to say that's correct and you've heard my uh presentation and testimony

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uh to the extent you know that it's relevant to you would you agree that it's true and accurate

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and you would adopt it as your own i do and you worked on the design of uh of the building

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in whole or in parts both inside and outside is that fair to say that's correct and if you briefly

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want to just tell the board about uh what the proposal is for the marquee sign even though it's

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now as a matter of right i think it's important to hear that the marquee is being preserved is

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that correct that's correct um and so i'm sorry go ahead okay so the marquee uh it is physically

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there but it has never been restored back to its original um we have pictures of it from the 1950s

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and the goal was to essentially recreate it to look like it did in 1950 um which this rendering

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portrays with the exception of three things the first thing is where it says bankroll on the

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scrolling faceted enamel panels in 1950 that said cinerama uh so obviously we want to have the name

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of the business and then the sort of crown scroll on the top said void in 1950 and we removed the

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void but aside from the the crown script spelling out boy we just kept it running around the top

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and finally is of course in 1950 this was all neon which we are uh going to replace with led

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to mimic the neon um and and and robert uh so we did you didn't mention scrolling but the

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And, Robert, so you did mention scrolling, but the banner, they'll call it, well, not scroll, it's stationary, correct?

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Yeah, that's correct.

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Okay, and also...

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I was going to ask that question. Okay, thank you.

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And also, just to reconfirm that we did remove the digital display signs on the GAP building, correct?

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That is correct.

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And the windows that you see here, quite expansive, so you can view inside the property.

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They are not operable, correct?

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That is correct.

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I have nothing further.

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Yeah, I have a question.

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Could we go back at 20th Street, the area where the, I'll call it the loading dock or where the trash will be stored.

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Do you have a rendition of what the gate or whatever the enclosure will look like?

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uh i believe it's i'll show you a photograph i believe it's behind this door

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is that accurate robert okay okay all right yeah i got it that's samson street yes yeah

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that's saying i thought you said 20th street well yeah it does spandle 20th street but right but

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but you enter and it's ingress and egress off of sanson i believe so correct is that correct

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thank you sure so that's all i have mr chairman again i appreciate it you know reserve the right

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to bring the witnesses back and additional witnesses should we not resolve this case and

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of course mr matty only would then participate okay thank you um i don't know if anyone is here

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from CCRA, but as I had mentioned, we do have their letter of support, which I believe was

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unanimous. Yeah, we saw the letter. Is there anyone, let me ask this, Mr. Marioni? Yes.

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How do you want to proceed? Do you have questions now? I don't know. I would like to ask questions

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at the next hearing and present testimony if need be at the next hearing.

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in opposition if, in fact, we are continuing our opposition.

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Is there anything else the board needs before we...

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This will be a resumption hearing, correct, Sharon?

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That's correct, Chair.

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And do we...

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I guess, Mr. Marioni, do you know when your next meeting will be?

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I do not, Mr. Chairman.

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We would not be prepared to go ahead until at least the end of November.

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Tanya, will you suggest we hold off on a date or I mean how do I I can't leave this open-ended.

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January 18th at 9 30. January the 18th.

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Thank you.

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If I may, one more thing just so I put it on the record.

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In conclusion, we believe that nevertheless the project, the eat-in restaurant, now that

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it is solely a special exception, will have no adverse impacts and therefore it meets

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the criteria, the special exception criteria, which is also evidenced by CCRA's position.

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I don't know if anyone from CCRA is here to talk about their letter, but that's all I have to say.

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I'm going to ask you if any other witnesses are out now.

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Okay, is there anyone here to testify on this case?

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Chair, we have Wade Albert.

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Mr. Albert, you can unmute yourself.

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Good afternoon.

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Hello?

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Please spell your full name and I'll swear you in.

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Sure. First name is Wade.

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Wade, you muted yourself.

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Sorry about that. I'll start again.

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First name is Wade, W-A-D-E.

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Last name is Albert, A-L-B-E-R-T.

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You swear for him to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you, sir. Please proceed.

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Thank you. So I'm counsel for the Center City Residents Association, and I'm an attorney with the law firm of Stevens and Lee at 1500 Market Street, East Tower, 18th floor.

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um on behalf of the center city residents association as the letter indicates we held a

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public meeting for this project and the vote of the ccra zoning committee

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uh with regard to to that to the institution particular was to not oppose with a number of

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to that to the issue particular was to not oppose with a number of standard provisos that we ask

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um with regard to any restaurant applications that come before us so um i'm sorry which we

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agreed to i just wanted yes yes we agreed to and then um the i know i can see that uh mr patterson

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posted those provisos onto the screen. So with regard to them, when there ultimately is a

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