civus
Hearing video

ZBA Hearing - March 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 17, 20215h 37m

present it, you'll see, again, a lot of the properties I talked about, 1724-26, 7 units,

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1738, 3 units, 1744, 3 units, 1752, 3 units, 1733, North Marshall, 3 units, 1747, Marshall,

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3 units, 1753, North Marshall, 3 units. So Mr. Perlman did not expect to have any opposition,

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given that he has a great relationship with his neighbors, given the history of it, that he underestimated any issue.

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And given that there was only two people there, he did try to schedule a new community meeting, could not get in contact.

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He did try to, you know, schedule a new community meeting, could not get in contact.

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Our office has been repeatedly trying to reach out to APM by way of email and phone, and we've had no communication.

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So, but just so you understand, you know, this is a three-unit condo.

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You know, you come, it's an open floor plan.

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You come into the first floor.

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You have here one bedroom, one bath.

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You go up to the second floor, it's two bedrooms, two baths.

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And then the third floor is two bedrooms, two baths. It's a very thoughtful project in the sense of trash storage. The person on the first floor where Ms. Siegel, who owns the property, will be living, you know, she has access to the rear yards.

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The second and third floors actually had vented trash storage.

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So, again, thinking about, like, any of the issues you would typically have with a multifamily structure in any neighborhood.

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Again, no dimensional variances.

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This lot is 1,429 square feet.

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Again, brick facade.

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It was important, you know, that we kept the traditional brick facade in nature and put it into this project.

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We got rid of the bay windows to kind of take away that feel of like what a lot of the communities are feeling in terms of that just cookie cutter look.

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And then again, as you can see, this is the petition in support.

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You have people on the block. 17, 59, 57, 35, 13, 53, 38. Mr. Brown, who signed a specific letter, also signed his petition. 24, 46, 34, 27. Around the corner, 609, Cecil B. Moore, because that's across the street.

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You know, you see, you know, again, all these individuals who are in the neighborhood are in support of Mr. Perlman, who's a nearby neighbor. Here you have more 1719 North Marshall, 1747 North Marshall.

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so there's overwhelm and then he's even provided ask these neighbors similar neighbors or some

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additional neighbors to provide support you know you know in writing in this specific letter

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my understanding is missed that there may even be some neighbors who are in support of it who are

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online so you know given you know given the overwhelming support given the fact that only

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two people showed up to meeting in opposition and one of them my understanding doesn't even

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live in the neighborhood anymore. Given our attempts to reach out to the community group

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with no avail, not even obtaining the letters of opposition to be able to answer it, I think

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this is a project, and given the history of it being multifamily in the past, I think there are

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grounds to grant this variance. With that, I would like Mr. Perlman to adopt my testimony.

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So, Kyle, can you virtually raise your hand?

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Mr. Perlman, you've been unmuted.

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Please unmute yourself and please wait for the vice chair.

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I'm here.

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Mr. Perlman, can you please put your name on the record?

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Kyle Perlman, P-E-R-L-M-A-N.

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Do you swear for him to tell the whole truth and nothing but the truth?

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Yes.

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Go ahead.

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Yeah, Mr. Perlman, you heard everything I stated today.

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Yes.

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And is it true and correct?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Okay.

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I'm just looking at their letter of opposition, so I'm just...

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All right, let's see.

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Is there anyone here who would like to testify, including representatives of RCOs, council

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representatives and members of the public?

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Please raise your hand.

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Ms. Jones has been unmuted.

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Please wait for the vice chair, Ms. Jones, and unmute yourself.

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Ms. Jones, can you hear me?

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Yes.

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Hi.

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Name, please.

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yes and good morning and please uh excuse the uh background noise um yes mary jones um council

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president from council president daryl clark's office uh city hall do you swear if i'm to tell

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the whole truth and nothing but the truth i do okay you may proceed yes um i just want to uh

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put on the record that we did draft our letter of opposition prior to, well, yes,

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in response to the RCO's position letter as well as, you know, the concerns raised

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position letter, as well as, you know, the concerns raised by the community who was in attendance at

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by the community who was intended.

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that previous meeting. Today is the, you know, first time I'm hearing about the, I guess,

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letters of support and everything and petitions from the neighbors. If they have addressed those

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concerned and um we can we we could just not take a position

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revise our position to not taking one thank you so you go from no to taking no position

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okay is there anyone else who would like to speak

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Vice Chair, we have Mr. Shah. Please unmute yourself. You're free to speak and wait for the Vice Chair.

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Hi, I'm here.

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Hi, can you please state your name and spell your last name, please?

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Yep, it's Deep Shah. S-H-A-H.

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

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I do, yes.

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okay you may proceed um so i'm a philadelphia native i actually lived on that block i also

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have a property on that block i'm in support um of this project i think it's very similar to the

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projects that we're seeing it doesn't cause anyone any harm and i think that you know they're uh just

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with my position being on that on that block uh both as an investment as having lived there and

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being in philadelphia for almost 28 years um i'm in support of the project thank you

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is there anyone else vice chair we have cole cole broski please unmute yourself sir and wait for

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the vice chair mr broski please put your name on the record my name is cole broski

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and spell your last name b-r-o-d-s-k-y do you swear for him to tell the whole truth and nothing

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about the truth? I do. You may proceed. Yes, I'm in support of this project as well. I also live

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on this block. Mr. Pearlman has been nothing but considerate of his neighbors and I believe this

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project being nothing but income and taxation for the city imposes no kinds of negatives to

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the neighborhood. I think the amount of support on his letters and the amount of support he's

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garnered from the community is in stark contrast to the only number of two people who are in

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opposition in the first place. I really see no negatives in approving this, and I think it should

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move forward. Thank you very much. Is there anyone else? And if there is someone else, if there are

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many of you who are in support, can we have one spokesperson? I have someone by the last name of

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Shelton, who's been unmuted. Please unmute yourself and wait for the vice chair.

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I'm here. Hi, can you put your name and admit your name on the record, please, and spell your

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last name? It's Rochelle Shelton, R-I-C-H-E-L-L-E-S-H-E-L-T-O-N. Thank you. Do you swear

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if I'm to tell the whole truth and nothing but the truth? I do. Okay, you may proceed.

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I'm in support of the project. It's in keeping with other properties on the block, and I have no opposition to it.

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Thank you. If there's anyone else who would like to speak, is there anybody in the group opposed to this project? And if you're opposed to it, can you please raise your hand?

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i see no hands vice chair okay uh planning commission

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thank you vice chair cenari ian hegarty for the philadelphia city planning commission

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uh in 2017 the zoning map was amended from rm1 to rsa5 at this location in accord with the

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recommendations from the comprehensive plan and with the support of the community. The proposed

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variance would therefore adversely and substantially affect the implementation of an adopted plan

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for the area where the property is located. Notwithstanding the adjacent non-conformities,

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the applicant has not demonstrated that the development is restricted by any unique physical

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circumstances or conditions on this property. The arguments in favor of this variance are more

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arguments in favor of rezoning zoning map amendment for this block. However, as long as this is zoned

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However, as long as this is zoned RSA 5, the City Planning Commission will recommend that

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RSA 5, the City Planning Commission

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the Board deny the variance.

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Okay.

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Does the Board have any questions?

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No.

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No.

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No.

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Yeah.

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Madam Vice Chair, just, you know, in terms of the letter of, you know, that I'm reviewing,

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The crux of it is, first, the pilot house.

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They were concerned about the height of that.

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That's not, we're not asking for a variance in terms of height.

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And we did reposition the pilot house to address the concerns of the people at the meeting.

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The second concern was they were concerned about more renters coming on the street.

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Again, this is going to be a condominium where there's going to be a form of ownership where one of the owners is going to be living there.

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And as you can see, Mr. Perlman has a following because he actually lives on that street.

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He lives across the street at 1747 North Marshall Street, and his neighbors are actually supportive of this project.

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And then the third concern is with parking and with any project in the city, you're talking about issues with parking.

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And unfortunately, given the dimensions in the building, we cannot provide off-street parking.

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and we would have another variance request for that and we're not asking to create a curb cut

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in any respect to take another parking spot off the street. I have a question. On this block,

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how many three stories are there with pilot homes? I think we have pictures. Let me see.

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Hold on a second. I'm going to re-share my screen. I think there are a number,

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but I want to make sure

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we have the answer to that

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so let's see

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and Kyle

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you know you live there so

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you can answer that too

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Mr. Perlman

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Mr. Perlman you've been unmuted

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please unmute yourself

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yeah can you hear me guys

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yes we can um there's there's many um since we moved here in october of 2018 there's been

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um upwards of 20 properties built there's at least that many of them have pilot house

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okay thank you yeah here's one is the example just yeah so here's an example i'm like you know

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our pictures aren't great but you know for pilot houses but you can see there's a pilot house

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for the picture if you're looking to the left of the property but there's a lot of new construction

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there which typically there would be pilot houses so upwards of 20 i would say

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that are existing right now existing right now yes yeah i'm also told uh by co-counsel

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comenta amazon that 1711 north marshall street she's looking on google maps this you know we're

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talking 1739 marshall north marshall street so again it's very common and again we're not asking

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for a variance in terms of the pilot house okay calendar number one zero one strike that calendar

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number one four zero five 1740 north marshall street my vote is yes my vote is yes excuse me

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this is Sharon Saletti that would be yes with revised plans one page please. My vote is yes

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with revised plans consisting of one page. Yes with proviso. Thanks Sharon. Yes with proviso.

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Yes with proviso. Thank you. Thank you. Calendar number is 0252 1743 East Washington Lane.

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Mr. Coos, you've been unmuted. You're free to speak.

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Hello. Good morning. Can you hear me?

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Good morning, Mr. Coos. Can you put your name and address on the record, please, and spell your last name?

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Absolutely.

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I'm so sorry. Ms. L, did we promote him to panelists?

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Yes, Ms. Sunkit. He's just been promoted.

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Thank you kindly.

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Here we go. Yes, Nicholas Cuche, CUCE, the attorney for the applicant. My address is 717 Constitution Drive, Exton, Pennsylvania, 19341.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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Do you also agree? Are you an attorney?

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I am.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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I do. Have you emailed the exhibit packet with proof of ownership, tax compliance,

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Have you emailed the exhibit packet with proof of ownership?

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copy of the refusal or referral, photos and or plans of the property five days in advance

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of this hearing? And have you met with the RCO? And do you have a letter?

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Yes to all. Thank you. You may proceed. Thank you very much.

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As noted, my client is Selco Partnership, doing business as Verizon Wireless, as you know, a wireless telecommunications company with multiple facilities inside and out of Philadelphia proper.

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However, this particular application deals with a macro site, a tower site, if you will, that most people are familiar with these days.

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In this area of the city, there are subscribers are experiencing coverage and capacity issues from a radio frequency perspective.

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um the site acquisition consultant who is uh here with me as well as our radio frequency engineer

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as well as our professional engineer to answer any questions um has scoured uh the area typically

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we like to go and utilize existing tall structures uh when possible um there were none that were

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viable. So we approached the cemetery owner and that property. That property is 28.13 acres in

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area and has an active cemetery. What we are proposing is a wireless telecommunications

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facility with a, the initial proposal is for a 113 foot monopole, 12 panel style antennas to be

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placed at the top of that monopole. The height to the top of the proposed lightning rod would be

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118 feet. We would have equipment cabinets and a standby generator, an electric meter and the like

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within an 18 foot 6 inch by 34 foot fenced equipment compound, which is at the base of

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the monopole and the fence compound would be landscaped all around, except for the gate

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allowing us ingress and egress. We did, in fact, meet with the RCO, which was the 10th

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Ward Democratic Committee. We do have a letter that is with you all that is marked as exhibit

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a seven. In a six to seven vote, they voted to oppose the application. It was my understanding

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anecdotally from Ms. Fitzgerald that that was due to, or the main

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idea was for health purposes. There were health concerns about the tower.

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When we were denied, just going back for a moment, we have our referral and refusal from L&I.

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This is a special exception as we are in the RSA 3 district. We also

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uh need relief from the uh fall zone um as well as uh height variances um as our tower needs to

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be a certain height and this is the minimum height required to uh achieve our coverage

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and capacity objectives excuse me counselor excuse me do you have any pictures or drawings

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or anything yes absolutely and i was going to ask if i could share my screen please do

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So, here is the plan. As you can see, this is the cemetery property. This is Wolston Avenue down this, I guess it would be the west side of the property.

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