civus
Hearing video

ZBA Hearing - May 14, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 14, 20254h 1m

of this project i've asked for a letter multiple occasions i have not received one our vice chair

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has a couple of questions good afternoon counsel do you agree to weigh the reading of the refusal

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or stipulate towards accuracy i do have you emailed in all the required documents and exhibits

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as needed to proceed with this case five days in advance of this hearing yes thank you council

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please proceed all right so you'll see the front of this property on the front page of my

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presentation materials we have been here before regarding this property at 3440 north 18th street

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we have approval from the zba for four units unfortunately given the current market uh

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conditions of rising interest rates and and and the construction costs they couldn't afford to

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build it was too big so they have reduced the size of it but kept the four units um and so we're

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seeking you know essentially re-approval of of this matter um there are 12 exhibits uh that are

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my presentation materials we sent a notice to the community which included 96 affected properties

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and we do have revised plans so if this board feels so inclined to grant the variance i would

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ask with revised plans again we tried to we did meet with the community they were supportive of

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this project just like they were supportive last time they understood that we just couldn't build

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it you know based on the size of the building structure uh so again the one refusal we have

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is the fact that this is an rsa 5 property um and we're seeking four units again this board

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has granted four units in the past for this property um and um this is a rather large lot

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is 2315 square feet again we try to get a letter from the community group for whatever reason we

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have not received it but again as an officer of the court i will tell you that they i i heard them

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vote uh in favor of this project and i believe there were two other affected rcos similar to my

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project on north 23rd street um where they also voted the same way and and so alan this was

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approved in 22 uh yes it's right here all right and then and then you just didn't get a chance to

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build it we couldn't build it honestly it's just it was just too big it was just it just could we

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could not get financing um and the numbers didn't like work so we're going to build it now yeah

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yeah hopefully i mean they're paying me they're paying me twice for this so all right please

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proceed uh so again not out of character anyway um just to go rehash the presentation from last

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time but you'll see there are multiple instances on on uh 18th street where there's multifamily

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uh which is consistent with what you're seeing here for multifamily for rsa5 properties actually

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across the streets arm one as well and then photographs of the property you know front

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and it's been vacant since you know 2008 you know you can see our plans and drawings we try

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to mimic the architecture of the nearby property so this is a porch neighborhood so it's very

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important to make sure that that's what we did here you know there's a cornice line that's

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pronounced there's lentils for each of the windows and there's a flat building facade with you know

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bricks what is different from this project is from the previous iteration is that it was important

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for the community to see a way for light in there for the basement level uh so this isn't a rendering

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of the what would the front and the back would be like um but it's fully glassed up on the lower

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level where someone can actually have nice light in there and it's not window wells like again to

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try to put as much light in there in the lower level and i think the community was very appreciative

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of that but again the floor plans are pretty basic um you go you know front you know front porch

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you have unit one which is a first floor and lower level unit number two is first floor in the rear

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lower level unit numbers three and four you come from the second floor it's third floor second

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floor and third floor by levels same thing front and rear but let's go back so the first time was

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no basement living right there was no basement living but this is a different plan this is all

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right yeah and i and i we we because we knew how the board reacted last time and by the way the

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and i and i we we because we knew how the board reacted last time and by the way the community

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community

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reacted last time the community was the one who dictated that they wanted no basement living

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you know as part of that plan that's why we you know we collaborated with christopher johnson the

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architects representative of 24 7 design and we again just to highlight this it's a pronounced

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almost lower level where there's a lot of light and air um down there and i think all right and

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that's basically it um you know we can go through you know we have the deed we have everything else

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but uh you know i'd be more than happy to take any questions from the board and so let me just

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show so shows the all four units right i did show them could you do one more time okay sure

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oh yeah yeah all right so again if you want if you go through the porch area yeah yeah you have

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a vestibule area well not vestibule hallway right um and here's unit number one which is a two

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bedroom one bath you have the first floor kitchen right and then living area and then you have

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downstairs you have a bedroom and an office down there okay uh that's i would say unit one right

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the front unit number two is in the rear again you have a open floor plan here with lower level

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you have a bedroom and an office again these pronounced areas of instead of heavy window

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wells you have a lot of light in there down there with basically a sliding glass door for both of

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them instead of going to the first floor and lower level you go up the flight of steps to unit number

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two uh which is in on the landing to left i mean excuse me unit number three and that is also two

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bedrooms and that's two and a half baths and these are by levels going from the second floor okay to

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the third floor and that's you know you know front and back why don't you bring a client on all right

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so um there should be a brian wise in the virtual audience

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they should be coming back in as a panel shortly thank you

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is accepted invite to become panelists

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good afternoon hi could you please state your name and spell for the stenographer and if you

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would would you please turn on your uh video yes thank you uh brian b-r-i-a-n wise w-i-s-e

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

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yes i do please proceed counsel uh yes brian you heard everything i had to say today about

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your zoning matter? Yes, I did. Is it true and correct? Yes, it is. And do you adopt as your

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own testimony? Yes, I do. And then specifically, there was a long discussion at the community

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meeting about the fact that there was a proviso for a lack of basement living for the original

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project, and a discussion about how you modified your plans significantly to provide that light

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in air in the front and in the back for units one and two is that correct correct and the community

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has no objection to allowing this basement living uh for this project right no thank you all right

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questions from the board yeah house um how large is the rear yard uh the rear yard is nine feet

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and then do there's only that one i'm sorry i'm sorry it's not an IP that's the requirement

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it's 40 feet 10 inches it's large who has access to the rear yard i believe that would be a site

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plan um that's my fault if there was no site plan let me just take a look um i would and

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brian correct me if i'm wrong that would only be the the rear unit on the first floor is that

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correct yes that would be one f i'm sorry one r yes here it is i just glossed over it can you see

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it i can increase oops and they're exiting through what is it the kitchen that's at the rear uh yes

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i believe let me just take a look at the corresponding floor plans oops that's way small

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all right let's go

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let's see

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yes

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okay and then

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for the two

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egress walkouts and for that

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courtyard the light well

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is there any sort of security

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grading that's anticipated

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to be covering the opening

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yes a metal

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railing around those

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openings

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things a railing around them or covering around it like on on grade level so so someone doesn't

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obviously fall into it yeah okay yeah protection great yeah okay any other questions then yeah

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okay any other questions then yeah one more the sound separation between the two units

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one more the sound separation between

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on every floor do you know if anything like what provisions have been included in the wall

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so i would if christopher johnson from 24 7 design we can wait for chris to come on if he's on

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chris

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Mr. Chair of Council, I do not say that name in a virtual audience.

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Okay. So I will say this, that Mr. Wise is a very experienced

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developer and builder of new construction, and

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is very aware of the issues of

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living in close proximity. Why don't we ask Mr. Wise the question?

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I'm sorry, Chair. There's going to be a certain factor on insulation

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between the floors. I just can't remember what the factor is, so I don't want to mislead you guys, but there is

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of soundproof insulation that we usually

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put in between those floors.

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Do you know if what you're putting in is above code?

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Oh, of course,

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because it has to pass with the city.

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Above code, not

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meeting code. Oh, above, not at all. I'm sorry.

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It should be at or above.

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Okay.

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One I would suggest you do above, typically

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bedrooms like this don't touch in

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most buildings of this size and scale,

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so it is a little dense

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for typical

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row house block.

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So that was just one thing I'd like to add out. And then, Mr. Weiss, how many tenants are you sort of anticipating having in each unit?

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No more, hopefully no more than two. I know that the third unit, fourth unit are two bedrooms apiece.

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And then the first floor units are one bedroom.

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Yep. OK. Other questions from the board?

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I have a question. So the footprint, the original footprint that you showed us for the first time that was approved, that has been shortened, correct, on this time?

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Significantly.

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Okay. But the unit number has not been shortened?

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No, it hasn't. I think there were larger units in the sense of more bedrooms for the units.

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Okay. And the other question was, did we talk about the trash?

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uh we would we would agree to a proviso for trash to be stored indoors i believe there's

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accommodations for each of the units i have to take a closer look at the floor plans but typically

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when we're working with mr wise and mr johnson's architecture firm we typically have trash closets

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in the kitchen areas in each unit yeah okay other questions yes um in the last plan you had

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no basement living no bathroom in the basement now you're gonna have basement living and

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so why did it change i think the design was more appetizing to the community like it's the same

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community um they even remember the project i mean this was when we were doing them during the

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pandemic i think it was one of the first community meetings we had in person um during the pandemic

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And we met many times. And I think the community was a little bit concerned about the living in the basement, given, you know, the degraded window wells. And here we made a significant effort to add a lot of light and air for those individuals. So it wasn't dark. And there was a there was an honest conversation during the community meeting about that, because we showed them the zoning permit. And, you know, it's the provisos on there. Just, again, the same presentation.

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When I speak as well, Alan, it was also because the window wells were windows that people had to climb out of, whereas these are ones they can walk out of.

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So that's why we revised it, which made it more convenient for people to get out.

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Okay.

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So then what is the height, then, of this basement?

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Or what do we...

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I'm going to take a look.

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Let me share my screen.

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It could be nine feet, but you can check.

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uh it is nine feet two inches based on this calculation five feet six inches and three feet

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six inches right here so we're like three and a half feet out of the ground on the lower level

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yeah okay all right thank you

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okay all right thank you questions from our attorney

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i just wanted to know mr chair we did receive one page of revised plans for this case i

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didn't include that in your notes revised plans yes one page if the board decides the grant thank

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you today's date may 14th actually i do have one more question for mr wise given that the

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the rear yard is so big are you going to be doing maintenance on the rear yard or is that going to

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be assessed to the tenant in that fourth unit well that the rear yard is going to be concrete so it's

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not like it's going to have grass for um landscaping so it's going to be you know concrete

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so it's very um effective economically for for them to maintain it got it okay and were there

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any other RCOs present besides

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Allegheny, Wes?

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Nicetown, Tioga,

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Don,

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names escaping me, but he was there

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and he was very vocal and

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he's the individual who remembered

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that we had like four community

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meetings previously and about

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the proviso previously about the

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no basement. Yeah, that's what's concerned

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to me that they provide no basement

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living and then you shorten the building

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and you still put basement living and still

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number so um and i don't have we don't have a letter so my concern is that yeah i again i i

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think i heard charles richardson before you know we've been trying to get a hold of of the rco

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maybe he spoke to them about this project as well okay questions or comments from the virtual audience

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yes chair i have a hand up from charles richardson i will promote them again

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okay i'm back um i don't think you ever leave but that's besides the point

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just for the record state your name charles richardson the office of councilwoman cindy

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bass please uh yes sir uh same situation uh as with the last the uh the the um

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Um, our CEO was not able to get the letter out to you guys.

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And, uh, you know, they are, they are supportive, uh, with regard to that.

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Now, Mr. Stevenson, who was with Tioga United also sent in, uh, a, uh, text to me as well.

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And he said, I don't, I really don't like basement living for 3440.

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But now let me ask a question.

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Was there some kind of aspect with regard, and Alan, you can answer this,

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whether there was some aspect of handicap because he said but if he did change the handicap

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portion we can support now and i didn't hear any any uh statement made with regard to a

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handicap portion of this or uh involvement with this project uh but you know he's still saying

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he doesn't really like the basement living for 30 for 34 40 yeah all i can say is that we spoke

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to to don at the meeting and he's he stated the same thing like i i typically don't like

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basement living here he said i understood i don't know what that means um but he understood that we

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you know that we couldn't do it because we have these bi-level uh units um it's just the economic

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realities i mean you know if if we're forced to have no basement living here i just don't know

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if this is a viable project um and you know that's for the board to charles the original uh

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