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Hearing video

ZBA Hearing - September 15, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Sep 15, 20262h 28m

floor makes the functional height of the structure well over 40 feet tall. Others will speak of this

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from a public safety perspective i call it out as it is so out of place on a street of single family

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homes the front entryways of these homes is another feature that harms our neighborhood's

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well-established sense of community walk the rest of the street front porsches fake that face the

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streets allowing the neighbors to greet and welcome passers-by these new homes front doors face a

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retaining wall along a narrow 200 foot long alleyway with gates on both ends hardly welcoming

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hardly engaging. Finally, I want to object to the planned unit development nature of this project

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for at least two reasons. The first is this seems to be a sneaky way of dodging the requirements

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that each single-family home have a minimum of 1,440 square feet of land as required

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under the RSA 5 zoning rules. It also removes the individual property owner's opportunity for

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self-expression that is so often found in the front-facing gardens and porches along the

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streets of Roxborough. The two street-facing gardens will instead become a group project

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that competes for financial resources with trash and snow removal and common area maintenance by

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the Planned Unit Development Board. We've seen the results of this structure in other developments.

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It is not pretty. For these reasons, and because we believe there is no hardship argued by the

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presenting council, I urge you to reject this variance request. Thank you very much.

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counsel yeah a couple quick questions for you um are you aware of the applicant requesting any

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variances for height occupied area open space or rear yard no the variance currently does none of

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the variance requests ask for that but i to answer that more directly the average height of this

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building is calculated volunteer something yeah okay um just let him ask yeah are you aware of

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the modifications that were made during the um during and leading up to the the community meeting

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which i would say beefed up the facades on both loriston and peachen street in request in response

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to requests from the rco to make them more welcoming and street friendly yes i am okay

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that's all that i have thank you gentlemen i would say just quickly um there's been multiple

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references to lot size i would say this is we're not proposing a subdivision here this is one lot

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so we're you know we're we're not asking to meet a lot size requirement under the rsa5 zoning code

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the lot size here is 15 518 square feet okay next next changes complexion of it next witness we'd

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call would be Marianne Gilbert. Good morning. Could you please get closer to Mike? Could you

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please state your name and spell for the sonographer? Sure. It's Marianne Petrus Gilbert,

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M-A-R-Y-A-N-N-E, P as in Paul, E-T-R-U-S, hyphen Gilbert, G-I-T. Do you swear or affirm?

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t-r-u-s hyphen gilbert you swear or do you swear or affirm to tell the truth the whole

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truth nothing but the truth i do counsel

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i i live um at 4101 loriston street and i also own 376 shares lane which is part of the same

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building. And describe your property on Lauriston Street. The best that you can.

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The best that I can describe my property is I am built into the hill. So you can look at

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Lauriston Street and you see a three-story 1880s wool mill and you can walk up the stairs of the

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hill following along the side the southern side of the of 4114 and when you get to the top of

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that two-story stairs you are at roof level of your home of my house you can walk right out onto

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the roof my building has been literally excavated and built into 4114's backyard and you mentioned

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that it was a wool mill it was a wool mill and is it your residence now i live and work there

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yes how long have you been there 30 years any significant changes in the composition of the

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property in that 30-year period in my 30 years it has been rock solid with the exception of when

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a retaining wall across shur's lane which would be 500 feet away fell we sustained a crack in the

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building you have other notes that you wanted to i do actually if i if i can read this yes why don't

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you um so this is not a typical empty lot it is part of a steep hillside with a long history

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surrounded by homes and structures that have existed here for generations

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this includes my properties at 4101 loriston street and 376 shurs lane the same building with

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two deeds this building runs nearly the length of the southern side of 412 peachen and is an

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unusual structure as two stories of my property are completely built into the hill as i just

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explained this building has been here for generations and has existed with this hillside

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and this drainage pattern in the surrounding neighborhood for more than a century

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we are now being asked to make a significant exception to zoning which affects this hill

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this is not a flat parcel where foundation can simply be placed on undisturbed ground

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it's a steep hillside it means excavating and removing rock and soil

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it means heavy construction equipment vibrations it means foundations retaining structures grading

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and potentially significant changes to the way water moves through the property

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mr chairman i would object unless she's qualified as an expert in construction or stormwater right

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i agree i mean just just try to stay what you know i i'm trying no no you don't have to be sorry

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i mean it's um i would love to aside from an 11-foot wide easement my building is essentially

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the retaining wall for this hill every one of those activities has a potential to destabilize

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the ground my building is part of again well i think she's testifying about her property now

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yeah just testifying about my property i'll let him use it we're okay with that yes my building

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is not a modern building constructed with today's materials and engineering standards

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it's an 141 year old structure with mica schist mud and timber we cannot assume that a building

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that has survived for more than a century can simply tolerate whatever happens next door

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a new building may be engineered to stand but that doesn't answer the question of whether the

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construction of that building could cause an existing structure to move settle crack or become

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compromised that distinction is critical can the applicant build this structure sure what happens

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to the structures that are here when they do and right now i don't believe that question has been

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adequately answered as per the construction feasibility statement no geological study has

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been completed i believe the committee should require a thorough independent evaluation of

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the site and its impact on the adjacent structures. That should include a comprehensive geotechnical

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study of the hillside and a slope analysis. So slope stability analysis. It should examine the

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drainage and the stormwater. There should be a professional structural assessment of the existing

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neighboring buildings before the construction begins. There should also be monitoring throughout

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the construction for settlement, movement, vibration, and cracking. There needs to be clear

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accountability if damage occurs for 30 years i've called this building my home

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it's also my livelihood as i work here

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if it knew i can't

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I can't right there and a new building develops a problem.

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right there

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It can potentially be repaired.

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But if construction was a serious damage to the 19th century building, it is my house.

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My home repairs are not flex fixable with a trip to the Home Depot or call to handyman.

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responsible development should respect history and should not place historic structures

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at unnecessary simply risk simply because a new development can technically be drawn on paper

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into a difficult site i am not you okay yeah i can do it okay i'm not opposed to development

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that does not adequate i am opposed to development that doesn't account for the conditions of the

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site and the structures that are already here i'm opposed to forcing a substantial new structure

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into a steep hillside immediately adjacent to buildings that have stood for more than a century

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the fact that this property is difficult to build on should not be become the reason that

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surrounding neighbors should have to assume risk we should not have to prove after the fact that

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our properties were damaged the responsibility should be on the applicant to demonstrate before

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construction that this project can be completed safely and without compromising the neighboring

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buildings because once that hillside is excavated we can't put it back okay do you have any water

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issues at your location currently no have you had in the past i have not had water except for the

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immense water of floyd there's a natural spring that runs under and water bubbles up okay

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i have no questions i would just say that you know we've obtained all the necessary prerequisite

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approvals from l and i and otherwise we submitted a letter from pwd with our initial submission

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materials and of course as i'm sure the board is aware my client will be subject to the excavation

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and construction requirements of the city of philadelphia which includes in providing

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insurance for the adjacent neighbors which she is one on uh council are you ready for your next

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with me. Carol Traister, it's Carol. She's on Zoom. Okay. Hello, are you able to hear me and

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see me? I can. Could you please state and spell your name for the sonographer? Hi, my name is

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carol traister k-a-r-e-l t-r-a-i-s-t-e-r right you swear or affirm to tell the truth the whole

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truth nothing but the truth yes i do all right um so council let's try to now concentrate on

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things we haven't heard does that make sense and that that's not to say she can't say i agree with

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a lot of people testified before the testimony thus far do you incorporate all that testimony

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as your own also yes okay um is parking an issue on larson oh goodness yes absolutely

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in what way i would object to whether parking is an issue on loriston i object to it every day

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it's pretty bad wait wait wait wait wait wait um i know but you don't you don't get to object i i

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think i'll allow that for now if she says parking's bad and i'm concerned about more people uh

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we'll allow that go ahead i'll explain what you mean by that um there's not enough parking for

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the number of people who live i live on loriston street and um if you come home after two or three

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pm there's no parking you have to already if i come home past 5 p.m i have to park three to

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five blocks away i work at night sometimes if i come home in the evening i'm parking even further

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away than that and uh with this proposal do you think it will alleviate parking on loriston or

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region no because from what we've seen from other similar buildings they don't there's not enough

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parking spaces if more than one car is there i know they they showed us at the meetings the

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parking we had many many questions that they could not answer about cars getting in and out

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about cars being turned sideways to fit in and we also have experienced from other buildings that

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people just stop using the parking spaces and just start parking on the

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street because it's so tight to get in and out that they just can't do it

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I thought it did. Yeah. I couldn't remember. Yeah. Yeah. Yeah. Oh yeah. Yeah. Okay. All right.

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Okay. Um, Harold, do you remember being sworn in? Yeah. Yeah. I did. I did. Yeah. Yes. I, yes.

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Otherwise we'd have to repeat everything. Oh, oh, God.

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i'm sorry i couldn't hear you could you speak up

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this is loriston street can you see that yes i can

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is that reflective of what you see in parking on loriston on a frequent basis

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on a daily basis yes okay and this is peaching do you also see that yes and has that

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been the consistent pattern of parking on peaching yes

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same thing with 4100 pocket peaching at night yes mr chairman we're we're providing two to

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one parking 20 spaces for 10 homes here i don't necessarily see the relevance of the street

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parking on loriston i think i think and make an evaluation will take that into consideration what

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you just said thank you carol i have nothing further yeah questions just uh no questions but

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you know related to mr trace ms traister's testimony the gentleman who testified previously

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suggested that the the four by four layout which from a use perspective may be right by right which

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has four homes on peachen and four homes on loriston would create a significantly worse

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street parking condition than what is proposed we're proposing one curb cut for 20 parking spaces

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the alternative would be eight curb cuts or potentially eight maybe 16 but most likely

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eight parking spaces where you're removing publicly available i'm going to object that's

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not before the board it's it was submitted as an exhibit to the board yeah uh you know i understand

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i understand your position but we'll allow that for now okay i have nothing further of this

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witness okay do you have another witness i do yeah christopher hickey

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good morning sir could you please state and spell your name for the stenographer good morning uh my

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name is christopher hickey c-h-r-i-s-c-o-p-h-e-r-h-i-c-k-e-y all right do you swear or

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The firm to tell the truth, tell the truth, nothing but the truth.

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I do, sir.

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Counsel.

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And where do you live, Chris?

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324 Pensdale Street, which is at the very top of Lauriston and Pensdale.

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And that's within the block?

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It is.

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And what is your, what are one of your concerns that have not been addressed so far in terms of barking and massing and other things?

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Do you have other concerns about this?

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Yeah, my, personally, I do work, I have something written down here.

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so yes please uh i want to get make sure you're nice and close that yes okay um uh good morning

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my name is christopher hickey i live at 324 pennsdale street i oppose the new construction

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for all of the reasons brought up by the other neighbors uh i wanted to raise the issue of safety

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i'm a member of the fellow fire department of 29 years and i work at ladder 30 which is at 66 30

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ridge avenue which is the closest ladder truck to the proposed site um

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i came here today just so that my concerns could be addressed and heard by the board

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um upon looking at the plans and knowing the area the only way if there's if there happens

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to be a fire at this building or at this proposed site to gain roof access would be from peach and

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street um because the tallest portable ladder that we carry is 45 feet high and from the proposed

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and it takes six firefighters to raise it and it takes approximately 10 minutes uh i would object

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speculation i understand this gentleman's a firefighter um but yeah he's alleging things

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that i yeah i i um alleging how long it takes to put up a ladder that i let's continue and i'll

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cut it when we need sure okay uh with the roof guard rails our ladders would be too short to

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reach from the ground on the driveway side and almost impossible to raise that ladder on the

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front door side. There are overhead power lines on the Lawreston Street side making it impossible

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for our main ladder that's on the back of the fire truck to reach from that side and the proposed

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zigzag stairway would make it extremely difficult for portable ladder access. The best scenario for

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a fire would be unit one on the Peachen Street side but if it's units two through ten and we

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But if it's units two through ten and we have to make roof access, we would have to cross over everybody's roof deck to get to that unit that was on fire.

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have to make roof access, we would have to cross over everybody's

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They say these units would be sprinklered, but if something electrical happens inside the walls, the fire will travel through the voids and pipe chases where the sprinklers can't reach.

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And I know that these units will be trust constructed, which does make for a sturdy building.

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But the plates that hold all these beams together fail after 20 minutes of fire impingement, which severely limits the time we have to extinguish the fire or save life before evacuating due to collapse risk.

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All right. Thank you. Questions? No questions. All right. Thank you. Anyone else?

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One more. Denise calling. No hands at this time, Chair.

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No, somebody. Denise is waving at me here. Come on up.

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oh okay sure sure take your time

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good morning we'll get that microphone nice and close you could you please state and spell your

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name i'm so sorry uh denise cawley d-e-n-i-s-e c-a-w-l-e-y do you swear or affirm to tell the

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truth the whole truth and nothing but the truth yes please uh counsel

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where do you live uh three two four pensdale street yeah at the top of both of the streets

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and you've heard the testimony there this morning without repeating any of that testimony

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what are your concerns about this development project i without repeating um the monstrosity

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of the building it actually looks like an institution and to have that in this neighborhood

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would just it it takes away the cute neighborhood feeling um I've lived here for 20 years and

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it's a great neighborhood with great neighbors and like someone pointed out you sit on your

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porch we sit on our porch every night and every we know all of our neighbors you know people

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walking their dogs it's just it takes away from the sense of community it actually I mean it looks

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like an institution it looks like when I first saw the even the latest sketch it looks like that's

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you're going to go visit grandma because that's the home you put her in and um it's not it doesn't

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look like it's part of the neighborhood at all uh also i have lived there for 20 years like i said

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there is a building already built on 2018 on larston street that had parking garage underneath

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of it and a significant decrease in parking from before and after that structure is absolutely

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and seeing um like carol said i also come home late from work but if i get home at like 5 30 i'm

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