No, they cause a lot of trouble. We have seven art exhibits, eight clothing brand pop-ups, so that's 15, five adult retirement dinner celebrations. Those people, they get crazy when they retire. It's their last big push. Three business and school workshops, one wedding, two repasses, and one New Year's Eve party.
2019 to 64.
Excuse me, Mr. Afanidis, can I interrupt for one minute?
If there are going to be general hours of operation prescribed,
it seems like most of these things would not need to be categorized as a special event
since they will fit into the, is that correct?
Yeah, the special events are holidays and then rare occasions.
I mean, they're literally at most like one or two a month.
You know, like I said, it's those are not the things we represented the community group that almost virtually all of the events are done by 10 o'clock and some go to 11.
okay the problem is that saying that they will be rare isn't specific no i understand that
perhaps come up with a um for however many times a year and on major holidays something that would
be understandable by and actually enforceable by l and i hold on one second let me let me
can i consult with my client and just real quickly before i go off well i'll address
and just real quickly before i go off well i'll address everybody's comments in the middle
everybody's comments in the middle.
hold on one second
so i mean we would i just talked to my client he would he would limit to an average of two a month
You know, you have a, you know, often you have a holiday once a month and then one other event that might be something special.
And could that be limited to weekends and holidays?
Yeah, weekends and holidays. That's fine. Yeah. I mean, weeknights, we're sensitive to that.
And it's not, there aren't events that run till two o'clock on the weeknights.
So it would be maximum two per month, one per month or two per month, limited to weekends and holidays.
An average of two per month on weekends and holidays.
It wouldn't be an average, though.
It would be two per month.
So if there are months when you think there are going to be more, then maybe do it by year.
I mean, listen, without going through the calendar and knowing some months might have two holidays, some months might have more, particularly, you know, when you get in the fall.
But let me say this in terms of the restriction on the hours.
And, you know, we're trying, you know me, we try to work with the community, we try to work with
the board. In terms of placing this type of restriction on this business, and again, I'm not
doing this to try to cover up something and say, this is what we do. I want to be clear. However,
first of all, the people that have an issue with this operation haven't met their burden.
The first woman, Michelle Chan, says they couldn't pinpoint it to open space these issues.
and mr i understand you're getting into the legal merits but my only concern is that if
the board should add an hours of operation proviso that it be something that will be
understandable and enforceable by lni i i understand i just want to say that i don't
feel that they've met the burden to require that and also cmx too so you could have a bar restaurant
here by right that can be serving liquor open the two o'clock 356 days in a year i think
so your position is that you are requesting that no proviso as to hours be yes and if there needs
to be one it would be two i mean again we're being reasonable we think it's never going it's
not going to be more than that you know we don't we don't think it's warranted in this case we
don't feel the testimony warrants it but i don't want to give the wrong impression that this is
what we're about it's not okay thank you so the correct hours would be 10 to 10 it's 10 to 11 i
I mean, there's a couple that go to 11, but I said, generally speaking, my clients state,
and again, I'm not going to have to have them adopt my statements, is that generally they
are 10 to 10.
There are some that go to 11.
By the way, and Ms. Farrell might speak to this, by the way, she checked with the police
and now it doesn't mean that people didn't call in a complaint.
Like we don't know how many times, they never stated how many times these things happened.
And clearly, they couldn't have been more than the 43 or 64 times, as Ms. Canary pointed out.
But if Ms. Farrell is still on the line, she can speak, not to say that people didn't call it in,
but she checked with the police and they had no records of any complaints.
So I'm a little worried that this turns into, you know, like at 11 o'clock, at 1101,
that like somebody is still walking out the door or whatever, and all of a sudden we're in violation
of our, of whatever the proviso is. And I feel that even in listening to the statements that
have been made by Ms. Chan, who's two doors down in the CMX1 building, when the open space sign
was already on front of the building when she bought the property. And Mr. Chan, who's further
down the block, and by the way, this block used to be all CMX2. I probably got a variance for his
house, I believe, years ago when it was all granted CMX2. I came in and got when it was all
CMX2, not CMX and RM1. I came before this board with a lot of variances to get them to be
residential. But this end of the block is commercial. They're up against commercial
properties. And I don't think that they've met their burden that my client should have to worry
that somebody for a couple of events, again, they have not met their burden that this is worse than
any other nightclub, worse than any other private club, anything that's worse than it's associated
with them. In fact, I think it would be clear that it's much less just by the sheer number
of events. And if you take out baby showers and kids' birthday parties, that it's not warranted.
And I think you're setting my client up for a lot of problem and a lot of harassment
by a few individuals who've moved in a little later
by a few individuals who've moved in a little later.
after other businesses were already in operation
at this end of the block.
And now that they've moved in
and they want to say, we're now residential,
we want to change it.
By the way, across the street, it's not all residential.
So, you know, and this end of the block is very commercial.
So again, I'm not trying to say, I want to be clear.
I'm not opposing this because I'm saying,
this is what we do.
i'm worried about how that could be that type of limitation could be abused and my client could be
harassed out of business that's what i'm okay no okay is there can i still speak right now
sure okay yeah i mean i mean to say that we're trying to push like harass your client
to push them out is i i mean i think it's a little crazy all right
first of all i object to that characterization and i think we've heard enough because actually
based upon the community group meeting it felt very much like that how many times tell me how
many times my turn to speak go back and forth one at a time one at a time all right then i
reserve the right to cross mr chen when he's done mr chen briefly tell us why you're opposed
what was this next yeah the so the next thing i was i was going to say i i just felt i just felt
what he said was a little bit unfair because we we as a neighborhood where we are we are trying
to just have specific restrictions put into place we're not trying to push the business out and i
i even said earlier in my statement i specifically said we are perfectly okay and we actually
welcome the i know they do have some art exhibits and and some other um things during the day which
which are great you know i i there's nothing wrong with that it's it's the noise and and the the the
you know the nightclub that that occurs during at nights which you know disrupt the neighborhood
um you know they they cause they cause it causes a ton of issues with parking it's you know we get
waking up at the middle of the night because, you know, uh, just loud music or, you know, uh,
the patrons loitering afterwards. Um, and, uh, I mean, so I guess, so my, my, so the biggest
thing for us is, is I think is the noise, right? So I understand that, uh, in the presentation
that, uh, there was additional measures being put into place, but I guess my question, my question
is is there a way that we can um constantly track this type of of noise because according to the
sir that that would be up to you but do you know that the neighborhood uh the rco has supported
this no i i i did not know that but i mean um i think you've made your your point very clear
And if I may, I think there are other people out there in the virtual audience who would
like to testify, but I don't know what concerns are.
Pardon me, Chair.
Something new and different, please.
Yeah, Mr. Plaza and Madam Chairwoman, if I could just ask Mr. Chen two quick questions.
I mean, I really don't want to get into this, but, you know, I'm worried about, I think
the things that he's bringing up make make us feel a little more like there's the potential
for harassment and and so let me before you do that david let me go into the virtual audience
i think there may be 20 people fewer or more who would like to testify
can you raise your hands and can someone count the hands of those of you who are in support
i don't want to go one by one by one no so if he's while he's counting just so you know i
know how many of these people are included within the 23 letters of support from the block in
addition to the 63 outside um who have experience here but the 23 from the block letters of support
that we have at two attitude i just i don't know i just want to be clear on the numbers i can't say
if it's the same people or different people additional people all right uh madam chair
Mr. Orphanidis, I have at least seven people with their hand raised.
And all of those are in support?
And all of those are in support?
I believe so.
Ms. Sunkett, is there some way we can get one person to speak on behalf of all seven?
If we could see if someone is able to represent them.
I'm not sure if we have that one person raise their hand, if there's some agreement with that.
um but if that hasn't been prearranged we might not cheer and because they would only be seven
they generally are only able to speak for themselves that might right okay so we will
prevent duplicitous duplicative testimony if um okay so the first person who has their hand up
Jason, can you promote them to be able to speak?
Yes, Madam Chair.
That's Charlotte Brown.
Thank you.
Charlotte Brown has been allowed to speak.
Charlotte, can you hear me?
Please let me hear you.
Hello?
Hi, can you put your name and address on the record
and spell your last name, please?
Yes, Charlotte Brown, B-R-O-W-N. Address, 6636 Musgrave Street.
Okay, do you swear or affirm to tell the whole truth and nothing about the truth?
Okay, and your position on this project is?
Yeah, I am for it.
Okay, I think there are other people there who also would like to testify.
Jason, can you promote the next person? Thank you very much for coming out.
All right. The next individual is Nathaniel Levi. I will allow him to speak.
hi can you hear me yes i can can you put your name and address on the record sir and spell
your last name and then i will swear you in sure netanel levy netanel spelled n as in nancy e t a
n as in n c e l last name levy l-e-v-i the address is 1319 north 6th street philadelphia pa
19122 do you swear for him to tell the whole truth and nothing about the truth
i do what is your position on this i'm in support i'm in support okay thank you very much next person
all right madam chair i have array to sarah's i shall allow him to speak at this time
sir can you hear me
sorry mr caceres if you are available please unmute yourself and wait to be sworn in
yes I'm available okay name and address for the record please and spell your last name
yes it's Ray Caceres C-A-C-E-R-E-S I'm the owner of 1015 North Marshall Street across the street
from open space I'm the broker owner of the real estate company and we've been there since 1998
sir do you swear for him to tell the whole truth and nothing about the truth
yes i do and are you in support of this project yes we are in support and actually utilize their
services thank you um next person miss canary can i just ask him a real quick question since
he's across the street just can he substantiate any of the claims by the other miss miss chan
and Mr. Chen? No, sir. I see more traffic from Pretty Girls Can Cook who parked and blocked the
street pretty much all day long. That's what I see. It's pretty clear. Thank you. Okay. You don't see
any of the issues that Mr. Chen and Mr. Chen spoke of coming from open space, correct?
No, I do not. And I've actually been to a few events. I've actually bought clothing from some
events for my wife and other art in the past you never saw any of these types of conditions that
Ms. Chan and Mr. Chen spoke. He said no. No sir no sir. Thank you next witness
yes madam chair I have a Yaniv Rodney
Yes, Madam Chair, I have Yaniv Radley. I will allow him to speak at this time.
Thank you, Jason.
Yaniv Radley, if you are available, please unmute yourself and wait to be sworn in.
we can move on okay to the next witness
right this last hand we have right now is miss alicia vandenberg i will allow her to speak
Thank you.
Hello.
Hello, can you hear us?
Name and address, please, and spell your last name.
Of course, Alicia Vandenberg, V-A-N-D-E-N-B-U-R-G.
And your address?
123 South 23rd Street.
okay do you swear for him to tell the whole truth and nothing about the truth
yeah and are you in support of this project i am okay thank you very much thank you is the
other person uh who had their hand up available now
i'm no madam chair but i have a christopher davis whose hand is raised i shall allow him
people. That's okay. Okay. Christopher, can you hear me? Yes, I can. Name and address for the
record and spell your last name, please. Sure. Christopher Davis, D-A-V-I-S. I'm at 542 North
12th Street, 19123. Okay. Do you swear for him to tell the whole truth and nothing about the truth?
I do. Are you in support of this project? I'm in support. Okay, thank you very much.
Can you have your client adopt your testimony, David? Additional statements? Sure. Ron, again,
since you last adopted my statements, did you hear the statements that I made to the board?
Yes, I did. Okay, are they true and correct to the best of your knowledge?
Yes, they are.
And would you adopt them as your own?
I would adopt them as my own.
Does the board have any questions?
Yes, Vice Chair.
Thanks, Tom.