civus
Hearing video

ZBA Hearing - January 18, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 18, 20223h 23m

and there's an event space on the mezzanine that accommodates about 40 guests like a private party

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event space and last but not least there's kind of like uh living room seating pods for back of a

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lack of a better description that's also on the second floor that accommodates approximately 60

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guests so it has various venues that can accommodate the various interests of the guests

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that are coming to the restaurant. Okay. So, and to be clear, Michael, despite, I guess,

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persistent rumors and dispersions, there is not a game, this is not a gaming facility, correct?

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Not at all. And you've never intended to or apply for a gaming license?

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Never. Okay. And since the last ZBA hearing,

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Have you had an opportunity to update your testimony as to the operations?

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have you had an opportunity to update your testimony as their operations are

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There were some numbers that we didn't quite have.

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Let's do it.

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So if you could state what the number of occupants would be.

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The venues that I described totaled to approximately 400 seats and bar stools, about 400.

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number of tables is about 102 and there's three bars in this building uh two very small bars that

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accommodate one for eight guests one for 12 guests and the larger bar in the great room

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accommodates 25 guests and those numbers are incorporated and included in that 400 number

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And the 400 number sounds, you know, it's in the hundreds, but what, if you know, which I'm sure you do, are the occupancies of the nearby other star restaurants like the Midtown and Park and Barkley and the Love?

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Well, the Continental Restaurant is quite large. It accommodates, including the roof occupancy and season, approximately 350 guests. Our Park Restaurant accommodates about 280 guests. Barclay Prime, which is half a block from Park, accommodates about 140 guests.

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And getting back to this address, is is it reservation only seating, general admission? How does that work?

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Well, we're certainly we're certainly we're certainly going to take reservations for all areas of the restaurant where they're seating.

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and when the demand is there we can be 90 95 percent booked with reservations uh that's how

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we run our other restaurants we we like to keep maybe five eight percent of the seats

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not reserved just to accommodate uh walk-ins from the neighborhood but once the the public

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gets to know the different venues um on the when as we take reservations on resi or open table

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the guests will be able to reserve uh in the main dining room in the little bar upstairs or

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in the great room uh it's always best for us operationally to have as many reservations as

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we can and and not being a nightclub or a bar would you expect all the patrons to leave at one

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time no i mean in a restaurant like this uh of course there's going to be certain games

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uh whether it's a football game or an important um you know gaming event whether it's soccer

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football baseball where a portion of the guests will say okay that's it we're leaving uh but

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But, again, guests are coming to the restaurant not only to watch the sporting events and the entertainment, but also to dine.

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And, you know, it's very rare that it's that everyone's going to get up and leave at once.

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It's just it's just not a not something that I, you know, our experience has ever happened.

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And I don't think it's going to happen at at this restaurant at all.

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and here to clarify at least the contrast you have a you have a lobby area so would you

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where would patrons wait to be seated and wait for let's say car share to pick them up once they

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leave so we're keeping the old vestibule that the the void had the previous theater and the

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the vestibule lobby after you go in underneath the canopy that vestibule lobby accommodates

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40 guests there's no tables there's no chairs in there there's a couple little like waiting benches

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uh for guests who may want to wait for their party to be complete or wait for an uber or or a lift

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uh and of course you know some of the guests are going to walk outside and they're going to stand

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under the canopy um okay i have a couple more questions that's all um the park and like barclay

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continental let's say do they have parking on site they do not have parking on site

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well i'm trying to show by comparison that's all different locations i understand understand um and

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as far as this back to this location like your question could answer your question ron i mean

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park and and barclay that adjoin each other in continental midtown that's right up you know a

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block away from this property uh you know we we stagger our seedings uh we don't like to

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You know, we stagger our seatings. We don't like to have 100 guests, 150 guests come at once. We stagger the seatings every 15 minutes. And in order to make it a smooth flow for service, for food, and it's the same thing we're going to do at bankroll.

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Okay. And as far as the loading of supplies and trash removal, that's performed in a common area on Sampson Street as part of the larger Harper building that you're in. Is that correct?

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the the um the building has a i believe it's on 21st street has a very large receiving garage door

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thank you and it's it's below grade and you know our deliveries as well as our trash pickups

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okay are you still there

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I can't hear them.

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I think you lost them.

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I'm back, Michael.

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The deliveries and traffic pickups are all underground?

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It's all going to be inside.

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Great.

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Thank you.

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Mr. Chairman, that's all I have for Mr. Palermo.

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Okay.

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Mr. Mariani, thank you.

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I have a question for Mr. Palermo.

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could you continue with your witnesses please i'm sorry what did you say you have your other

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witnesses oh okay we're moving on okay um mr uh paul staff assault s-o-u-l-t

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so he's available chair okay state your name and spell for the court reporter please sir

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His name is Paul Sewell, S-O-U-L-T.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Proceed.

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To refresh the board's memory, Paul, what's your position with the project?

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I am vice president of real estate and operations.

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Okay. And at the last hearing, you testified as to call the patron management or control, which I guess we grouped into calling a security group. Is that correct?

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That is correct.

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And why are we having what's being called security at this typical and as a typical of a star restaurant?

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Well, number one, it's in response to, as Rick Gross referenced, we had conversations with WPH, we had several online meetings with groups of people from multiple community organizations, and it was obvious that people were voicing concerns about management of people, management of the flow of people, if you will, inside and in and out of the facility, as well as a concern about

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congregation in front of the building. So we look at the security as really a management of those

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people, those patrons as they come in and out of the building and to limit congregation in front

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of the building. Okay. And is this Stephen Starr restaurant a kind of restaurant that needs security

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or crowd control to stop violence or violence? Do you feel? Well, it was not in our original

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business plan. Excuse me. Again, we see this as a reaction to concerns that the neighborhood has

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voiced. But as a standard Stephen Starr restaurant goes, it is not typical to have security

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on hand. So is it fair to say that you view most importantly as the management of,

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I'd say, patrons entering and exiting the restaurant. Would that be correct?

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That's correct.

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And the goal here may be to, I guess, prevent excessive waiting time on the street. Is that one of them?

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That's correct.

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And to maintain a constant flow, I guess, and not a slug flow of people?

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That is correct.

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And then in terms of exiting, can you elaborate on that in terms of waiting and car share stops and close, if that is applicable?

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Yeah, so we've been in conversations with a very skilled and highly recognized security firm that does manned security, Allied Universal.

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Council, they specialize in certainly kind of managing the flows of people in and out

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of various venues, everything from major arenas and football stadiums, something as small

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as this restaurant that we're proposing.

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Again, we had no concern about patron issues.

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Again, we had no concern about patron issues.

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We had no concern about problematic situations arising from people attending our facility.

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It was more about managing that flow of people in and out of the building, as well as keeping

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the flow.

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Now, there will be people using rideshares.

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We heard that concern from people at WPH, and we responded with an organization like

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Allied Universal that is steeped in experience with handling rideshare traffic issues and keeping

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rideshares moving on small streets like Chestnut Street. And Paul, up on the screen is a letter

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from Allied which you can surely testify to or answer questions about. That letter was delivered

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to you. It was, yes, after several conversations, excuse me, with the professionals at Allied

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Universal. One in particular is Charles Bonnenberger, his senior VP, and he felt compelled to put

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it in writing, exactly what they would propose eventually. Do you have an arrangement for

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parking for guests? Yes, we're working on it. We've been in discussions with a number of local

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lots. Once again, we heard a concern from the William Penhouse residents specifically. There

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is a garage on 19th Street that is utilized by the residents of William Penhouse. We are making,

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we are taking extreme measures to avoid our patrons using that garage. We can't stop it 100%.

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But as an effort that we feel will be quite constructive, people will be offered incentives through relationships with other local garages, discounted parking, for instance, ease of parking, so that it will incentivize people to look to other garages when they come to our place.

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again with we consider that to be a minimal problem most of what we expect to most of the

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people we expect to attend our facility will be within walking area walking distance of the

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building so you're saying that's what your demographics say our demographics the reason

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why we're putting this in center city is in large part because many of the uh the the targeted

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demographic many of those in that targeted demographic live in that area within a four

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to five block radius. I just have a couple more questions. If you can briefly revisit, you

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testified about security cameras, and how many were being installed outside or proposed?

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We proposed three cameras for the outside of the building, two of which will be pan-tilt zoom

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controllable with remote devices as well from inside in a security room that will have

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dedicated inside the building.

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The middle camera will be a 360 camera.

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Once again, in response to concerns from the community,

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we're putting a very expensive 360-degree camera

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that will capture a 360-degree panoramic video

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in real time, also recorded.

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So if there is an event,

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like Rick Gross referenced earlier,

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some patron from our facility crosses the street causes some damage we have video verification

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that that has happened we will be able to see the william penthouse court house court area from

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oh yeah most definitely we'll be able to see cameras inside as well we will we have a healthy

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setup of cameras inside it's considerably more it's going to run between 40 and 60 cameras in

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total. Once again, much of which is being utilized as a concern about, and I'll do

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respect to the star people, but concerns that there may be issues related to staff and the

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like, and we simply are covering ourselves legally and insurance-wise. But it would be

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a prolific number of cameras inside the facility. So they're not there because of the proposed use

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in terms of a restaurant that would cause an issue.

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Is that fair to say?

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No, they are not.

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That is not the intended installation.

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That's not how they were proposed originally.

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And that simply goes, again, as I mentioned earlier,

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security was not a part of our business plan from the outset.

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Okay.

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I have no further questions.

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And would like to reserve, Paul, if there's any rebuttal to WPA,

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William Penthouse's security testimony. So if Mr. Matione, if you have any questions.

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I have, um, excuse me, Mr. Matione, before you start, can I mention one thing?

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Excuse me, Mr. Mattiotti, before you start, can I mention one thing?

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Clearly, you're not going to finish today.

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Checking tomorrow's list, it looks like there are several continuances in cases with no exhibits on the 930 listing.

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Would you be willing to come back tomorrow morning to continue with this?

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Assuming my witnesses are available, I would.

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Thank you.

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Okay.

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Thank you.

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Do you have to check with them, Ms. Folletta?

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Check with the witnesses?

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Yes, because obviously I don't know their schedule.

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Okay.

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Yeah, if you could check with them, that would be great.

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And then we can announce at the end today, if it's possible to get an answer from them by then.

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Let me send a text message out and see if I can get back.

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Okay.

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And I apologize for the interruption.

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Before I get sidetracked on the, I have no questions for Mr.

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I do want to object to the Allied letter being entered into evidence.

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Mr. Bonnenberger is not here to verify the letter.

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and uh it's hearsay and he's not here to authenticate it so i just want to object

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on the record for that letter thank you i don't know who else would have written it but

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i understood but i still think it's here i understand okay you have another witness to put up

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i do um miss miss nancy templeton

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and Ms. Templeton you can unmute yourself

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state your name and spell for the court reporter please

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sure it's Nancy Templeton

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N-A-N-C-Y-T-E-M-P-L-E-T-O-N

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do you swear for them to tell the truth

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the whole truth and nothing but the truth

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I do

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proceed

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hi Nancy

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um uh please remind the board where are you employed i am employed with ch planning

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limited in philadelphia and uh what is your position there and your expertise

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i am an urban planning consultant specializing in comprehensive planning community planning

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land use planning and general i do believe she's been recognized by this board as an expert in the

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Okay. Yeah, thank you. Thank you. I just wanted to make, just to identify her, that's all.

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Okay. Thanks, Michael. So, Nancy, you're retained to provide a professional land planning analysis and report?

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Yes.

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And would that, would this on the screen be the first page of your report?

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Yes.

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The support has? Okay. What did you review to conduct your analysis and complete your report?

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I reviewed the development and architectural plans of the project. I conducted a site visit

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of the site and surrounding neighborhood, reviewed the zoning requirements and special

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exception criteria. I reviewed the draft memorandum of understanding and the Philadelphia

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2035 Central District Comprehensive Plan. Okay. And this property, as I mentioned,

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is true it's located in a CMX 5 commercial zoning district? Yes, CMX 4 I believe.

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What kind of district is that as far as uses are concerned? That is the core commercial mixed use

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district. And does it allow let's say unlimited residential units and a full array of commercial

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