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Hearing video

ZBA Hearing - March 17, 2021

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

We're proposing our facility to be placed here by the mausoleum, an existing structure.

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Here's a closer view.

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One change we made, and I forwarded that to Ms. Saleto, we were asked when we met with the councilwoman and residents.

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with uh uh the councilwoman and and and residents outside of the rco um if we could possibly move

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our facility such that the fall zone would actually if if this structure were to fail

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they're not built to fail but if it were to fail and if it were to fail um

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not as uh it usually would which is fall in on itself but fall as a bowling pin it would we

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moved it a few feet away from Wolston. So if it were to fall, and this is even in taking into

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account the lightning rod, it would not reach the homes proper across Wolston. That was a change

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that we were happy to make just for peace of mind for the residents. We have met with

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uh on on two separate occasions uh via zoom uh with with the councilwoman's representatives as

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well as uh members of the community um we've been out to the property uh the the residents and i

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know um uh hillary emerson is is in attendance and will be speaking um shortly uh but we we've

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agreed or the property owner has agreed to make certain improvements to the property that they

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are not part of this application however they would go hand in hand with this application

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so any relief the owner would need by way of fencing or what have you fencing height

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you would come in for different relief requests. I note that with regard to our facility,

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our radio frequency engineer has proffered a design analysis with the proper propagation maps

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showing that there is the need in this area. Also, an exposure analysis noting that the

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implementation of this particular facility is well, well within the FCC guidelines and standards

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and would have no detrimental health effects to the community. So basically, the implementation

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of the tech here would actually benefit the community as a whole, 911 calls, things of

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that nature.

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Excuse me, counselor.

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Yes.

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Do you have a rendering of the proposed tower?

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I do.

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In fact, I was just getting to that.

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We have photo simulations.

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When we met with, and I will pull those up, when we met with the, I'm sorry, just bear with me a second.

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And when we met, the question was whether, and I think the board is familiar, whether

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a tree pole situation would be advantageous for the community as opposed to a straight

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monopole.

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Can everybody see what I've just put up on the screen?

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Can you blow it up? I sure can.

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So this is this is a map showing where these photos were taken from for the simulations

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and we did renderings of so here's our here's our location and here's where these photos

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were taken i'll take you through those um here's photo one this is we did a a tree pole rendering

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at the request of of uh the councilwoman's office uh given as you can see given given the trees

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in the area and the tree canopy um it was requested that uh and possibly a condition

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be placed that we put in a tree pole situation. This would not affect any zoning that we would

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need. It's just basically a stealthing issue. So you can see the screening at the bottom

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and the proposed tree pole. Here's another view a bit closer. This is from Wolston.

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a bit closer this is from Wolston you see the mausoleum here in the background

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You see the mausoleum here in the background.

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this area would be cleaned up for our facility obviously landscaped and then you have your

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your stealth tree pole here as noted we we have the applicant has no issue with with the

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implementation of a tree pole if that's what the councilwoman and community want we are fine

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uh making that that as a condition um as it does in this case uh these tree poles are very iffy

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um and and really used sparingly um sometimes they can stick out like a sore thumb if they're

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not used in the right place but but as you can see here there is a good blend um from

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from many of the views with existing vegetation. That is essentially the application as a whole.

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As I noted, I have our radio frequency engineer, our site acquisition consultant, as well as our

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professional engineer that I've summarized their testimony so they would be sworn and adopt

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or change in any way any of my summation and then obviously we are happy to answer any and

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all questions from the board. Does the board have any questions? Yes yes what does a tower

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look like? The a monopole situation? Correct. Sure. Let me pull that up for you.

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Bear with me one moment. I'm just pulling that up here.

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while i'm looking um madam chairman would uh would it be beneficial uh to have my witnesses

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sworn at this time or or no if you'd like yes because frankly that would afford me

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a minute just to uh to pull up the the other photo simulations

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How many witnesses do you have? I have three. Todd Gannon and Andrew Peterson and Michael Cleary.

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Okay. Andrew, you've been unmuted. Please unmute yourself and wait for the vice chair.

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Mr. Peterson, can you put your name and address on the record and spell your last name?

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Sure. I'm Andrew Peterson. Last name is spelled P-E-T-E-R-S-O-H-N.

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Address is Box 165, Fairview Village, Pennsylvania. My firm is DBM Engineering.

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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.

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Okay. Please proceed.

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I am just pulling this up for everyone.

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My apologies.

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um can everyone see what i just put up on the screen no i cannot either no there's nothing on

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the screen i'm not exactly sure what's going on but it's i'm having limited issues here with

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getting, I can hear everyone, but I'm having limited issues with, okay, here we go. Sorry

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about that. Okay. So, sir, in order to share again, you have to hit the share button at the

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bottom of your, okay. Yeah, thank you. Yeah, it was, that window was off in the very

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uh corner of my screen so sorry about that so now let's see it yes so here are as as requested here

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are um uh renditions of a monopole um they're basically

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renditions of a monopole um they're basically they're the same photos um but showing a monopole

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same locations as before but here here is here is the monopole situation

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so that's that's what it would look like as opposed to the treepole

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uh from this view how far away is that from the row of homes

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um that is roughly

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count it out

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that is i believe 40 from the monopole 40 feet

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no that doesn't no that's not here no i'm sorry that's to the mausoleum

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But Mike Cleary, my engineer, can you unmute him by chance?

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Can he raise his hand?

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Mr. Cleary, you have been unmuted. Please unmute yourself.

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Yes. Can you hear me?

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Yes.

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Okay. So we are slightly more than the height of the tower.

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I'm sorry, sir. Please wait for the vice chair.

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I'm sorry.

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Professor, can you take over?

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Sir, you swear or affirm to tell the truth, the whole truth, for nothing but the truth?

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I do, yes.

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Can you put your name and address for the record, please?

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Michael Cleary, 2100 Mid-Atlantic Drive, Suite 100, Mount Laurel, New Jersey, 08054.

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Thank you. Please proceed.

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okay so the distance from the pole away from the closest um residence is slightly more than the

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height of the pole that was the communication that we had with the residents and the rco was to

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make sure that the quote-unquote fall zone that nick referred to earlier

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was at least equal to the height of the tower so I don't have an exact measurement

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at handy but it's at least I'm sorry my network is going slow now too let me see here

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I believe it's roughly 120 feet away from the closest residence

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but I can confirm that here if you just give me a few minutes while you're doing that Mike I just

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want to go through the rest of the um photo simulation showing a monopole as you can tell

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it's it's a sleeker design um there there is a triangular platform at the top um but it's

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these are more common we see these you know throughout the city the suburbs everywhere

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uh for a macro site um you know typically after a while they they do visually blend in with the

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environment and uh to the point where you know we actually have to you know lift our heads and

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actually look for them um believe it or not but uh this is this is what a a monopole

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situation would look like as opposed to the tree pole

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thank you sure i i have a question uh the engineer said the uh distance from the

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uh houses is 120 feet and the pole is 110 feet or the tree tree pole or monopole

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what factor

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would be in play for

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a wind load

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in what sense

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a wind

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would blow it further than

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a gap of 10 feet

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I would find that to be

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incredibly unlikely

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what's the weight of the pole

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the monopole

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What's the weight?

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It hasn't been designed yet.

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And I'm actually not sure what the weight would be because whenever we do analysis of these structures, the wind loading is by far the most controlling factor.

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And I'm actually not, I'm not sure what the weight would be because.

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So the overall design of the pole is geared towards resisting that wind loading.

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and then with the deep foundation of the pole in the absolute inconceivable worst case scenario

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of that fall zone there's there's going to be a 20 to 35 foot caisson in the ground too

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concrete foundation so even if that pole went over it's got the resistance of all the ground

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holding it up to fall over and get blown um you know off of its foundation would be incredibly

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unlikely uh these are designed in this area for 90 mile an hour wind gusts um that meet both the

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the you know the ibc code philadelphia code and um the uh telecommunications has its own

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design and building code strictly for these types of structures because of their unique shape

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and use. So it's going to meet all of those requirements and all of their wind loading

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characteristics. Thank you.

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Does the board have any other questions for us?

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Councilor, are you done with your presentation?

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Yes, I am.

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Okay.

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Anyone else here to speak in this matter?

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Secretary, we have Hillary Emerson.

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She's been unmuted.

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Please wait for the secretary.

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okay hillary i believe you was uh sworn in yes yes uh good morning again

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yeah sorry hillary emerson from councilwoman sherelle parker's office

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excuse me um and i want to speak on the councilwoman's position on this matter

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um at this time the councilwoman um is opposed um to the proposed cell phone tower um i just

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want to give a little bit of history to explain why. The initial RCO meeting in this case

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was held pre-COVID, and then we had been working to schedule a follow-up meeting, then the

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pandemic hit, and so we were finally able to schedule a follow-up meeting with the near

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neighbor representative from the RCO and the applicant back in December to discuss the

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changes that had been made in response to the concerns raised at the RCO meeting. That included

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moving the poll further back so that it was a further distance from the homes across the street

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on Woolston. We also had representatives from the health department present to address the health

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concerns that had been raised by the residents. At that meeting in December, some aesthetic issues

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with the cemetery itself. Debris, mud, and inadequate screening fencing were raised,

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as well as safety concerns, specifically around the mausoleum. It's very dark. There's a lot of

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trees. There's no lighting, and the cemetery gates are not locked at night anymore. Apparently,

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there has been some issues with trespassing and crime in the past, noted by the neighbors.

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After this meeting, the applicant and the owner agreed to a plan of correction, which was subsequently presented to the neighbors last week.

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This includes the owner and Verizon as well, putting down gravel drive, the owner removing the debris, and putting up additional fencing,

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which would likely require an additional and separate zoning appeal.

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And then, as you saw in the pictures, Verizon also indicated that it was willing to use a tree pole to camouflage the tower with the existing foliage.

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The applicant also indicated that the project would not move forward unless the property owner followed through on these agreed upon changes.

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When we had the follow-up meeting last week, the neighbors were happy with the plan.

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when we had the follow-up meeting last week the neighbors were happy with the plan of correction

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that was presented but they still had the safety concerns um that um that had been raised at the

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previous meeting specifically lights on the mausoleum and locking the gates at night

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after that meeting both our office and the applicant tried multiple times and in multiple

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ways to reach the property owner to try to address these remaining issues, because as you know,

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public safety is, you know, is a serious issue in general, but has really, really come to the

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fore of late. And, you know, we really were concerned, you know, that he addressed the issues

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that remained. Unfortunately, neither our office nor the applicant have been successful in reaching

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him to discuss this. Because of that, while the councilwoman is generally a major proponent of

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improving digital access and closing the digital divide, she cannot support this project right now

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due to those outstanding safety issues. In order to support this project, the property owner

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would need to commit to putting lights on the mausoleum, locking the cemetery gates at night,

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and meeting regularly with representatives from the near neighbors to discuss any remaining

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concerns. Thank you. Thank you, Hillary. Anyone else? I see no more hands, Secretary.

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Thank you. Planning Commission? Thank you, Secretary Plaza. Secretary, if it's okay,

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Could I ask you to put a question to the appellant?

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Sure, go ahead.

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Before we do that, could you just put on record who you are?

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I could.

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I'm Ian Hegarty with the Philadelphia City Planning Commission.

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Thank you.

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The question, sure.

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The question is about the zoning refusal that requires a 500-foot separation for towers in residential and CMX1 districts between the tower and a residence.

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And I'd just like to understand the justification for hardship on that particular refusal.

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Sure. Counsel, can you answer Planning Commission's question?

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um yes and if i understand that correctly uh uh in your your uh our rationale for for why we

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can't meet that is that correct given the property yeah understood um and and i can certainly speak

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to that um this project has been uh with us with me for probably six years now um and uh it's been

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it's been a long road um i will tell you this um we being the applicant walked the site multiple

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