civus
Hearing video

ZBA Hearing - June 17, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 17, 20267h 2m

And some aerial photographs. The referral is Miss Graham mentioned. We were in the overlay of the old city residential area district and.

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And any time you want to sit down restaurant or take out restaurant, we have to go before the community group, which we did, and we're here for a special exception.

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RCO letter with chairman referenced indicating unanimous support from the old city district.

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We have some signatures of adjacent neighbors.

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This property is 102, so we have Paws is at the corner, 100, and then 104 is the other side of the property, 106, 112, and 100 actually signed twice.

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Some photographs.

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So just to give you a perspective, this is Arch Street running east-west.

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Here's 2nd Street running north-south.

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My client actually owns and operates another restaurant on Arch Street at 226.

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It's called Tomo. It's a sushi and ramen noodle restaurant that's been in business for about eight years.

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So he purchased this property at 102 North 2nd, as I said, in 2018.

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And he lives on the top floor and there's a tenant on the middle floor.

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Again, just perspective as to where we are.

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It's the corner, second and arch.

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Close up of the four-story building. The door to the right leads to the two apartments above. There's one apartment on the second floor. Second apartment is on the third and fourth floor. The entrance to the restaurant would be here on the left-hand side, and you can see their bulkhead doors for access to the basement, where we'll have some sinks, trash storage, and generally storage in general.

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Again, just some more photographs. As I said, pause is next door.

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We included some photographs of the first floor. Since my clients owned it in 2018, he's basically used it as storage. It's not been a store or used for any kind of commercial purpose.

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That's the existing first floor, which obviously will be renovated. And then this is the existing bathroom that will have to be modified for handicap accessibility.

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Again, another picture of the 1st floor, and then we also included the photograph of the existing basement, which obviously will be redone, but it has not been used as I said for quite some time.

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Fire escape in the rear of the building.

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Close up indicating 2 units above again with the bulkhead doors leading to the basement.

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Zoning posters are mounted.

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uh and here are the plans

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so we'll start with the first floor uh enter through the the door on the left

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to the south of the building this is the service area where we're going to have seating my client

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hasn't figured out exactly where the seats are going to be but for about 15 people there's also

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a bench seating along the wall here you would then go to the cash register and order salads

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there's not going to be any open flame or hood or any cooking done on the premises everything

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is pre-cooked it will be preheated probably with you know either a microwave or more likely an

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electric oven of some type the bathroom will be in the rear here to the left and there's also exit

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to the yard along the party wall there's stairs that lead down to the basement

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and this will be the setup in the basement a couple sinks precincts hand washing utilities

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in the rear we're going to have a trash closet in the basement i again i believe that's going

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to be up in this area but the owner hasn't decided which location it will be but there's ample room

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for trash storage, and then here's the steps up to the bulkhead doors leading to 2nd Street.

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This is going to be the front facade. The name of the restaurant is going to be Fresh Leaf.

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Again, it's going to be salads with the tuna, sushi, salmon with your protein, and again,

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no cooked foods on site. Hours of operation will be 10 to 6.

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Um, every day, except Monday, Monday will be closed.

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I have about 2 or 3 employees.

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Here's the information for the Philadelphia tax center, indicating that there's actually a credit.

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to my client. This is the zoning map. Again, as I said at the outset, it's a CMX3 zoning district. We're two off the corner.

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To my client, this is the zoning map again, as I said at the outset.

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And just by way of history, if you walk down Arch Street, Betsy Ross's house

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is right here since we're celebrating 250 years. I thought I would point that out.

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Deed indicating ownership since 2018.

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this is a notice that we mailed out to all the residents within 250 feet of the property 106

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pieces of mail went out the door here's all the addresses and again just by way of background

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I have some zoning records indicating that it was a retail and wholesale variety store in 2011

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from 2011 to 2018 when my client purchased the property

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so that's the uh summation we're not really affecting the lighter air of any adjacent

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property uh we are in conformance with the code again this is a referral slash requesting a

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special exception we have the support of adjacent neighbors we have the support of the community

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and we hope that the board looks kindly upon this application and i will try to get my client to

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adopt my testimony but uh i don't know that he's on the call right now but i'll ask him if he is

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mr lynn are you on the call or mr agian i see no hands at this time um henry we will gladly take

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your testimony i appreciate that because i did tell them uh it was going to take place a little

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bit later but sure all right questions from the board

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i'll go back to the comments from our attorney yes

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if um if the board is going to vote yes there should be a proviso that the

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use is limited to the first floor and basement only yep

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yep thank you i'm what you got me now questions or comments with the virtual

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audience no hands at this time chair

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any commission

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thank you sarah bond philadelphia city planning commission

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the comprehensive plan recommends no change to the existing cmx3 commercial mixed use zoning

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the proposed use will not cause detrimental impacts to the neighborhood beyond what might

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normally be expected the city planning commission recommends that the zoning board grant the special

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exception taking mi 2026 002 000224 102 north 2nd street i vote yes with proviso use limited to

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first floor and basement michael johns my vote is yes with proviso cheryl gaston my vote is yes

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with proviso tenetta graham my vote is yes with proviso ryan mcadams my vote is yes with proviso

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And Henry, thank you for the little history lesson in the middle of that. We appreciate it.

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All right. Have a great day, everybody.

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All right. Go ahead. Is there anyone in the audience whose case has not been called?

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All right. Well, folks, so first before, I want to thank the staff, everybody, for staying late.

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I mean, you guys never complain, and so we do appreciate it.

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And again, we got it. We actually beat Ian's record a little bit today, right?

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Yes, we did. So thank you, everybody.

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We're going to beat it this afternoon, too.

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That's the spirit.

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Good afternoon, everyone. My name is Bill Bergman,

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and I will be chairing today's Zoning Board of Adjustment meeting.

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With me is our vice chair, Tanetta Graham.

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Present, Mr. Chairman.

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Board Secretary, Charlotte Gaston.

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Present, Mr. Chairman.

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Board member, Michael Johns.

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Present, Mr. Chairman.

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Board member, Ryan McAdams.

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Present, Mr. Chairman.

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Also present is our attorney, Lynn Reiter-Huber.

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Yeah, getting better.

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It's getting better every day.

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I mean, you know.

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Also, Ian Haggerty, our executive director.

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and our board administrator Lakeisha Dandy. This hearing is being recorded and will be posted on

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the ZBA website. By participating, you agree to be recorded. This is an in-person meeting

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with remote participation. Whether in person or on Zoom, if you are called to speak,

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please state your name and spell it and wait to be sworn in once you've been

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sworn in each time you testify please state your name again to enter your appearance

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each time you testify please state your name again to enter your appearance indicate the

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property address on the zoom webinar speak with a staff member

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call the zba office by close of business tomorrow call 215-686-2429 and provide your

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name email address and the address of the property you're interested in remote options

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raise your virtual hand when directed so that we can call on you to speak

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when we call you to speak make sure you click the join as a pal a panelist uh button

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use the q and r for procedural issues only do not talk on the q and r about a case

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

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In person, if testifying, get closer to the mic so that all attendees and the court reporter can hear you.

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No talking, eating or drinking during the hearing.

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Aggressive behavior will not be tolerated.

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In a case of emergency, follow the staff instructions.

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The rear doors are the exit, and to the left of the rear doors are the stairs case.

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In the event we evacuate, go to Love Park, which is directly across the street, and stay there so that we can account for you.

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So let's look at our schedule for this afternoon.

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number 11.

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mi 2026 001 104 1510 south lambert street hayes clark is the listed owner

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we have no exhibits this is the first listing um there is an indication we may have a withdrawal

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with this is anyone in the audience for this case good afternoon mr chair this is jason

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hand i will be your calls for this session i do not see the individual in the virtual audience

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and there are no hands raised okay so um mi 2026 001104 1510 lambert street

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we're going to continue this until 9 16 26 at 2 pm must be heard and then number 15

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and my 2026 001 672 1126 to 25 south broad street this case has been withdrawn

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are there any requests for continuances

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no hands are raised for continuing to say okay um we're going to go to our add-ons

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mi 2025-005-417-1110 um wagner avenue i vote yes with proviso must be required

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must be required building permits to be obtained.

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Michael Johns, my vote is a yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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Number two, MI 2022-000822-1222 Hawthorne,

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Street I vote yes temporary variance to expire 618 2028

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Michael Johns my vote is yes with proviso Cheryl Gaston my booty chefs with proviso

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Tanetta Graham my vote is yes with proviso Ryan McAdams my vote is yes with proviso

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Number three, MI 2026-001-099-4204 Parkside Avenue, TA-19186.

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I vote yes with proviso.

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Maximum 12 dwelling units.

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michael johns my vote is yes with proviso sorry cheryl guest and my vote is yes with proviso

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Michael Johns, my vote is yes with proviso.

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tenetta graham my vote is yes with proviso i'm mcadams my vote is yes with proviso

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we're going to start our regular list um number four mi 2025

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525-006-908-1500-204 Germantown Avenue. This is a vote only. I vote yes per amended refusal

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dated 5-19-26. Michael Johns, my vote is yes with proviso.

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I'm sorry. I'm sorry. So at number four again was yes per amended refusal dated 5-19-26 use

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limited to first floor only. Michael Johns my vote is yes with proviso. Cheryl Gaston my vote is yes

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with proviso ryan mcadams my vote is yes with proviso

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number five mi 2026 000 229 1959 bridge street this is a vote only

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i vote yes per amended refusal dated 5-27-26

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michael johns my vote is yes with proviso

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cheryl gaston my booty chefs with proviso

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ryan mcadams i'm sorry bill ryan mcadams my vote is yes with proviso

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Number 13, MI 2026-001-146-2400-204-Vron Street.

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We have a Spanish interpreter for this.

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Hello, Your Honor.

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

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Yes, of course.

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My name is Leonel, spelled as an L-E-O-N-E-L.

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Last name Gillen, spelled as in G-U-I-L-L-E-N.

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Do you swear or affirm that you will interpret accurately, completely, and impartial from English to Spanish and from Spanish to English?

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I swear.

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Could you please call our person here Maribel Cruz?

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Yes.

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La señorita Maribel Cruz.

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Maribel Cruz se encuentra presente.

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La señorita Maribel Cruz se encuentra presente.

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She's here. She's here. She's here. Come on.

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Okay.

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Yeah, she's in the audience.

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Correct.

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No, no, no. We're going to put you right in the front.

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Sí, pasa que en frente, sí.

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Maribel, we have an interpreter that we'll be using

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Hello Maribel

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Maribel, please state her name and spell for the sonographer

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Yes, Maribel, como está, mucho gusto

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yo soy el intérprete de esta llamada

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puede por favor diga su nombre y lo deletrea para el sonógrafo

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Ok, muchas gracias, mi nombre es Maribel Cruz

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M-A-R-I-B-E-L

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Cruz C-R-U-Z

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Yes, hello, good day, my name is Maribel Cruz

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Maribel spelled M as in mother

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A-R-I-B as in boy

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E-L, last name Cruz

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C-R-U-Z as in zebra

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Do you swear or affirm?

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to tell the truth,

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to tell the truth,

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the whole truth,

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the whole truth,

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and nothing but the truth.

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And nothing but the truth.

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Yes.

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Our vice chair has just a few questions.

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Muy bien, entonces,

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nuestro vice director

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tiene,

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tiene unas cuantas preguntas.

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Okay, good afternoon. Have you submitted your documents and exhibits five days in advance of this year?

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