civus
Hearing video

ZBA Hearing - January 6, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 6, 20215h 31m

What was that about heights?

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Yeah, I'll go back to that, Mr. Chair.

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Hold on a second.

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I just want to reduce the size of this so it's more manageable for me to move through.

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So as part of our proviso revised plans, we actually reduced the height even further to account for making as limited of an impact to neighboring properties.

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So, you know, our revised plans were now the highest point on here, correct me if I'm wrong, John, is 40 feet, four inches, while here it's 39 feet.

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Yeah, no, Alan, the correct response there, the midpoint of that northernmost addition is at 40 feet, four inches.

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The utmost highest point is at 41 foot six, which would, in essence, equal the allowable 38 foot plus a 42 inch parapet.

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So that was our logic or kind of thought process was to let that datum of what an allowable building height as of right would top out at as our dictate our height, which both accommodates a comfortable third floor for us while also being within the guidelines of what a single family dwelling would ultimately obtain.

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I think Mr. Holloman had a question.

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Yeah, they answered my question, Frank. It's very good. It's only two feet, a few inches

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out of what is allowable. So I would think that would be okay.

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Okay, thank you. Alan?

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Yeah, I'll hold off for now. My understanding is that the next door neighbor is on the line.

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Yeah. So I think it was Mr. Alberta.

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yes sir yeah mr albergo i believe you were sworn in so please proceed

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sure uh thank you very much uh my name is andrew albergo and i live next door to the applicant

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the applicant's request for height and density uh simply put are to recoup uh cost of his

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investment to redesign the property. The property is a single-family home, and you could argue that

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it is really two lots. So best case scenario should be two units, not three. The need for the

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three is to spread the cost of the redesign over three properties rather than two. If he stopped

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to two, he would not need the third floor. The 3,000 square feet on the second floor more than

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is enough space for one very nice single-family home or two very spacious apartments or condos,

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whoever he wishes to develop the property. This property is located on a dead-end one-way street.

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That makes it very difficult, as it is now, to move people in and out of the street. And as

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the attorney has mentioned we already have several other multi-units on the block so this isn't like

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this block hates apartments we just recently approved 1235 federal which added an additional

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eight apartments onto annon street as well as we have several duplexes and i believe uh there's a

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as well as we have several duplexes and i believe uh there's another large building that i'm sure

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the councilman's aware of that i believe was owned by mr donatucci that has several units in there

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all of this additional construction and additional density makes it harder and harder for us to live

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in a reasonable way when they filed the paperwork for this property they said there would be a

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minimum impact on density which isn't accurate they said there'll be minimal impact on the sun

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in shade because the other properties were set back on annon street this isn't correct luckily

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they did finally come around to doing the shadow study which we appreciate the main thing they did

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is they are diminishing and discounting the fact that my house has five to excuse me seven

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skylights those skylights light the interior of the home as the home is designed with that

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additional shade even if it's 10 minutes it's 10 minutes a day i understand the architect could

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argue well you know 10 minutes is the great is the longest on that one day but every day there's

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an additional shadow on my house if you're putting up a building and an addition of 11 feet there is

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no way you can tell me that that does not impact the comfort level in my home additionally after

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speaking to my architect i was advised that this additional um 11 feet and when i say 11 feet that

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his current roof is at 29 feet and he's gone to 41 feet so that's an additional 11 feet you put an

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11 feet wall and it may vary at certain levels it increases the rain and the snow that is coming

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down on my roof it acts as a wall it prevents the flow of the rain and the snow so it puts

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additional strain and weathering on my property so i'm going to object mr chair um in terms of

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any expert testimony that's being professed sustained sustained i i i all right i i missed

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alberg is it albergo or berga albergo it's andrew albergo from annon street sir yeah i know we're

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in the street i just yeah i want to make sure i get the last name right uh let me let me ask

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you a question um you know like if that hypothetically they tear the building down

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and they put up two single families yes single family would be adjacent to your property and by

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right they can go up to 38 feet correct yes sir yeah would not would not that have the same

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impact on your property as it would be if they go up to 41 feet i i don't i don't know

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where the you eliminate that issue that that i'm not dismissing your concern but the issue of

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that you have regarding the height and the shadows i don't know how if you get 38 feet

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it's going to make it any less of a problem for you.

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Problem is probably not the right word to use.

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No, I understand your point, sir.

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And if you went to 38 feet, then it's still less than 41.

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And where he goes to 41 and 6, it is an additional height above.

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So every inch matters.

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And I understand Mr. Holland had said that it doesn't sound like that big of a deal.

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but that's thought of in a isolation if every day this shadow is there then yeah there's a problem

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and if every day with the weather increase that's a problem so when you add the additional height

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my argument simply is this is that the density does not need to be an issue if he stuck to two

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or even one and if he stuck to two or one he wouldn't even need to do the third floor

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So when he's asking for a variance, it undermines the idea that this is a house that he wants to live in for the long term.

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It's more like an investment.

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If it's more like an investment, it's not the responsibility of the community around him to save him money or to make it better.

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When you walk in and you ask for a variance, those steel beams were not hidden from him or his advisors at the time of purchase.

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It's not like they were in the wall and he could not see that.

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so for those various reasons you had the during a pandemic you had the entire community come out

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and vote 13 to 1 against the property then you had the entire zoning board committee

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passion square civic board vote against it excuse me i believe it was one vote for yeah it was eight

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to one yeah so what you see here your honor and the board is that the community sees this as

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not support the idea. From the community themselves, the near neighbors, every single

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near neighbor on each side of this building is against it. And many of them are already on this

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phone call. You were given a, I believe you were given a signatures of all the people on the block

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saying, when I say the people on the block, I'm not talking like five, six houses away. I'm talking

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right next door mr albergo yes sir the way it works uh you can't speak on behalf of other folks

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you can only speak um as it relates to you the other folks will have an opportunity to be heard

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as it relates to you the other folks will have an opportunity to be heard

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okay i understand that i just want to go back to what i said if

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if the owner decided that this isn't going to work or the board voted against it he builds two

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single family 38 story a single family homes with a garage uh because i don't see how the board would

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deny this property they garage when you have and i'm very familiar with that block by the way

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you probably would line up with a one-car garage for each unit yeah now you're getting three units

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but you're getting six off-street parking spaces which is especially back there I mean I know that

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block there's no on-street parking even though people do park on the sidewalk and that's okay

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because everybody gets along but I just don't see I don't know I don't see the problem alternative

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being that much different than what is being proposed,

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I guess is what I'm saying.

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Yeah, the idea would be that what he is proposing

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isn't necessary, and I kind of feel like

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the decision's already made, so I'll be quiet.

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Don't think that way.

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That's why we're asking questions.

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I'm thinking, you know, again,

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I am very, very, very familiar with this block.

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I mean, I'm going to raise it.

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Being that you are familiar with the block, sir,

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then you know the density is already a problem.

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And the people all over the place. Additionally, when he's putting forth, they vacillate between making apartments and condos. Those parking spaces, unless they're deeded to the condos, are not necessarily for them. If you read the paperwork that was submitted, he says the garage is for personal use.

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and when usually but i need to interrupt you for it is certainly the parking spaces

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are certainly an amenity for any tenant that wants to either buy or rent if he decides not

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to sell them and use them as rentals which is going to take cars off the street that's

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unusual for yes but this if you notice the name of the owner of this property is a is a car club

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and i i heard that i was curious right and the fact of the matter is is unless these prop these

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spaces are deeded to the condos the owner is as i said because it's listed as personal garage

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he may use it as a personal garage or have anybody rent those spaces not necessarily the tenants

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i'm going to object to that actually he can do whatever he wants with that well mr chair i would

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object to that because that would be non-accessory use if we rented it to anyone else but to the

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people well but that's that alan filled the respect that's going to be hard to police

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no i i hear you legally yes you're right but how do you enforce that i i don't know no i hear you

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but uh yeah i do you have anything to say alan because i'm going to go to the next no i i so

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i think the base level is two units we're asking for an additional unit and we're providing six

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parking spots and i think that deals with the density let me ask you a question it may have

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been addressed you know i lost contact with you guys for a while the third floor addition at its

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highest point is 41 feet six inches what what does that mean as far as the the ceiling height

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on the interior of that section i will leave that to uh mr weckerley that section uh yeah i'm going

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to go back to that section mr chair let me just uh i apologize let me just get into

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architectural drawings what is the lowest point of the ceiling height in the addition

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i believe it's i believe sir it's it's eight foot eight foot six i believe in the at the lowest

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point that's the lowest point at in the within the uh northern unit you can see the dimension

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there in the cloud uh and the highest point at its peak at 10 foot six and and again the logic

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So what we did there was we based it on a 38-foot allowable plus a 42-inch parapet and set that as our height.

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And then we pitched the roofs, which in essence make less of a shadow than a 42-inch parapet wrapping all the way around the building.

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Understood. I appreciate that. Thank you.

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All right. Alan, do you have anybody else before I get – okay.

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No, Mr. Chair.

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Would anyone else like to testify in this case?

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if so please raise your hand including members of the RCO and anybody who's here on behalf of

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Councilman Squilla's office please raise your hand and we would ask that if you testify you

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give us something new and different that would be helpful. Mr. Chair I have a Michael Henry I will

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allow him to talk right now. Thank you Mr. Henry please identify yourself with a record name and

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address. Hello, can you hear me? Yes. Awesome. My name is Michael Henry. My address is 1227 Federal Street.

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Awesome. My name is Michael Henry. My address is 1227 Federal Street. I am the property directly south to the property that we're discussing today.

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

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Yes, I do.

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Are you one of the newer homes that have just been built?

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Yes, I am.

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Yeah, there's two new homes there, correct?

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Yes, on the other side of this property.

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All right. You're one of the homeowners. Okay, on Federal Street.

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All right, please proceed.

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Yeah, I just wanted to reiterate some of the points that Andrew brought up.

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I know that he was speaking on behalf of, you know, some of the neighbors, but a lot

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of what he said does resonate with me, and we've been in contact with each other.

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I don't have to reiterate it.

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You did just say that you want us to bring up new points, but I find it very suspicious

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and interesting that the idea of preserving a building that has many parking spots

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is bought by, you know, an LLC that is a motoring club.

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I just, I'm not, that doesn't rest easy with me.

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I hear what you're saying.

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I guess it does send off some alarms, but it could be antique motors, cars that are stored.

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I don't know what the motoring club, what kind of business they're in.

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I don't know if it's a business.

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Is it a collector?

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No, he – yeah, Mr. Chair, and the owner is on the line, and he can speak for himself.

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But he just likes antique cars, and he named the company because he thought it was an interesting name.

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It's not a company that, like, is a profit-making company about cars.

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He just – yeah.

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All right.

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Thank you.

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All right, Mr. Henry, I'm sorry.

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I didn't mean to interrupt you.

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I'm just trying to get that issue raised alarms with me as well.

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So I just want to let you know that.

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That is all right.

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I am not in favor of these plans.

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I want to make that clear.

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And I just wanted to reiterate the points that Andrew had already brought up.

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I don't need to go through them again.

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We already talked about them.

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But I think he presents very valid concerns that haven't been properly addressed.

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I appreciate that.

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But again, as I said, if they went to 38 feet, which is a buy right, whatever potential negative impact that may impact your property is really not going to go away because at its lowest point, I think, towards the...

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Understood.

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A unique thing about our property that doesn't necessarily apply to Andrew's property is the fact that we share a back wall with this property.

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And if we're trying to restore and maintain this building, I have concerns about how that aspect of it will be restored and maintained.

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A lot of focus of this document is on the front of the building and not necessarily the back of the building.

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So there are also other concerns about, you know, construction, falling debris, things like that.

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if we're extending the height of the building

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that could fall into our back patio area on our property.

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All right. Thank you.

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Thank you.

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Anyone else?

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Something new and different, please?

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Chair, we have Wesley Palmer.

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Sorry?

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Wesley Palmer.

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I'm sorry, Jason.

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Yes.

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Hi, how are you?

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Hi. Please identify yourself. Name and address. Spell your name for the record, please.

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My name is Wesley Palmer. My address is 1225 Federal Street.

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You swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Are you the next-door neighbor to the gentleman who just was on?

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I am.

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