civus
Hearing video

ZBA Hearing - December 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 2, 20206h 53m

can't happen fast enough calendar number 0916 2616 south 18th street

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ron patterson is the attorney

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and i believe there was an attorney representing the protestants yes all right okay right now

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Okay, I'll be promoting the panels right now, Mr. Chair.

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Thank you. And Ron, just identify yourself, you've already been sworn in,

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and then Cairo will ask you some questions.

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Okay.

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Good afternoon. Ron Patterson, 1835 Market Street, Philadelphia EPA 19103,

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on behalf of the applicant who is an equitable owner.

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Do you agree to weigh the reading on refusal and stipulate to its accuracy?

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I would agree to weigh the reading.

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There was one inaccuracy on refusal, which I can discuss as I go through it.

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Okay.

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And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,

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referral, photos, and plans five days prior to this hearing?

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And have you met with the RCO, and do you have a letter?

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Yes, to all of the above.

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Thank you.

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you may proceed oh thank you so as you mentioned this regards 2618 south

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So, as you mentioned, this regards 2618 South 18th Street, if I could share my screen.

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Yes, you have authority.

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Okay.

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Can you see that or is it just my file?

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We have it.

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okay no actually well we have your file i'm sorry okay all right we'll try it again

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yes

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yes mr patterson great thank you uh so this is just to locate where the property is what you're

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looking, the viewpoint here is at Oregon Avenue and 18th Street, looking north. There's the

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Dunkin' Donuts here that I'm pointing to. The site is directly behind the Dunkin' Donuts

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building as you travel a little farther away. But as you travel towards the property, there

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it is. Two curb cuts there. It's an old building that was built in 1930. It's currently operating

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as a plumbing and heating supply a business groves plumbing uh it's old uh the uses are

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out of context and it borders uh the gerard estate homes which farther down here past this brick

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building uh the property is located in the cmx2 a commercial zoning district what we're proposing to

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do is demolish the building and in its place construct 22 homes arranged here as you see in

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two rows of 11 with each house having two parking spaces in the front over here as well as

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roof decks and rear nine foot rear yards. The refusals, there are a few predominantly though

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they're there because of our configuration of the property. We could have, we did look at a buy right

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plan in the CMX2 district. It would have been approximately maybe 70 residential dwelling

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units as well as some commercial on the first floor. We felt that was a disservice to the

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neighborhood. Also, the Girard estate area residence gear felt similarly. So we looked

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at doing then single family houses. But of course, we could not subdivide them on the

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fee lots because each fee lot would need a front on public street, which this does not.

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So this is one of those common perpendicular planned urban development type arrangements

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you would see 18th street being here and we'll go through the drive-in to access each of the units

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let's see here

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there's typical of what the building would look like this did trigger civic design review

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because it's creating more than 50 000 square feet of new floor area bordering a residential

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district so around that the property is rsa 5. so that's our rendering here we move to the refusal

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so first refusal you see is has to do with not providing commercial on the first floor

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we didn't see that there would be a viable business that would go there but then again

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we'd have to do the apartment building as i had mentioned so the trade-off was for this type of

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use that would fit in with the character in the context of the neighborhood that commercial

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would be overlooked in this sense.

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We see there's some refusals here about rear yard and side yards, and that, again, arises

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because – go back to the site plan – one of the refusals, for example, states that

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pilot house access structure should not be against the rear yard yes this is the rear yard but

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in the alignment of the houses it's actually their side yard we have a refusal for not

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we have a refusal for not providing any rear yard which this would be the rear

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providing any rear yard which this would be the rear yard

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yard but in fact we've provided nine foot rear yards in terms of the house excuse me the house

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arrangement um tough parcel to work with um because it's narrow and deep but it necessitated

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this design 24 foot curb cut two-way we did review this with with streets department who

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who did sign off on the plan again as I mentioned we went to civic design review on October 22nd

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we met with here on September 1st I believe Jody Della Barbera is here on behalf of them

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I'd like to ask if you could allow George Felici F-E-L-I-C-I to testify

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Good afternoon, Mr. Felici. Please identify yourself with the record and I'll swear you in.

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You would have to raise his hand.

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Please raise your hand, sir.

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sorry sorry about that i'm sitting here at my desk actually raising my hand

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okay that's a first george yeah i know thanks i appreciate that here's your hand

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please identify yourself yes george felici with frost development company

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are you swearing a firm to tell the truth the whole truth and nothing but the truth

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yes thank you please proceed ground hi hi george uh as you just say sorry i'm sorry mr patterson

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and the chair can we just have to spell his name just to put on the record yeah london did it for

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him but okay please spell your name sure it's f like and frank e-l-i-c-i thank you uh george as

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you just stated here with frost development could you just tell the board what frost has to do with

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this property sure so we uh we have the property under agreement uh we've done a lot of development

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throughout the city, and so we looked at various options for the site, and we felt that this was

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the best use for the site in the context of the existing neighborhood. And George, you heard

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and saw my presentation. Would you agree it is true and accurate, and you would adopt it as if

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it were your own? Yes. Okay, thank you. Ron, the photo we're looking at, is that looking north to

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south that is looking from the rear towards oregon avenue yeah north to south okay yes yes

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will be west to east i think and this is where the parking would be in the front of the homes

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if you go out scott woodruff uh to join us

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and while we're waiting for for scott i just wanted to address mr

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i'll have mr woodruff to speak good afternoon mr woodruff please identify yourself with the

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records by your last name scott woodruff w-o-o-d-r-u-f-f you swear in a firm to tell the truth

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the whole truth nothing about the truth i do please proceed thank you hi scott uh could you

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tell us your position with your firm uh yeah i am the uh director of architecture at design blends

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architecture at LLP. And you're familiar with the project. Obviously, you've helped design and draw

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these plans. Yes. And you were involved in our RCO and CDR meeting and hearing. And just briefly,

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if you tell the board the materials of construction here, how you arrived at it, and any changes we've

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made since we've met with the Civic Group briefly. Absolutely. So the facades are primarily

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composed of a red brick material with a 12 by 24 cast stone that kind of wraps at a water table

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and then up the first floor as it goes back the drive aisle. In meeting with the RCO gear,

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they had suggested on some of the entries of the houses that face 18th Street that we look at some

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of the contextual elements of Girard Estates, which we then included to involve kind of a little

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bit more detail, including updated windows, soldier coursing, brick coursing, as well as

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some of the planters you see at the drive, entry of the drive out, to kind of shield the parking

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and create a better curb appeal to the whole development. And would you agree, as the statements

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i made about the refusals that most of them are due to the fact of the configuration of the

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are due to the fact of the um configuration of the property in this perpendicular arrangement

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property in this perpendicular

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yes okay thank you um that's all i have for uh george and scott uh i didn't want to address

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yes i'm sorry is there an ho a hoa uh yes there would be they would uh uh would maintain

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uh the property yes and the trash removal thank you i didn't mean to interrupt sorry that's okay

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thank you uh i just want to address i know mr cook's going to speak uh adjoining neighbor uh

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we don't have zoning issues with them it's just a side um agreement issue we need to work out so

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um you know i would ask that the board vote the case and of course there's a 30-day appeal period

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and when within which if we don't reach an agreement or you know as the board would please

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to hold the vote and we could let you know if we've reached an agreement which i'm confident

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we will yeah i think might be better for everyone rather than get through any testimony that you

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guys might not even be uh germane to this in the end that we yes close this we can close this case

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and and make a decision in uh at an executive session maybe in a month or so excuse me you

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can do that but you cannot then consider any feedback from the um from any further meetings

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or take into consideration any subsequently um agreed to yes i understand that but what happens

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sharon if there is no agreement how do i mean it's really outside if we're doing damned if we don't

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I mean, you could have a hearing for Mr. Patterson to come back and just report on whether or

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not there was an agreement, but.

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Well, resumption hearing.

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Yes.

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I mean, as I mentioned, I don't think the discussion will result in any change to the

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zoning plan.

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That's not what this is about.

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All right.

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We'll vote this.

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Thank you.

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I'm sorry.

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But we do have the attorney.

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Understood.

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Okay.

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And that's Harry Cook.

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Let me ask if there's any questions from the board.

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Vote on the panelists.

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Any questions from the board?

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No.

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No.

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Okay.

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Anyone else would like to testify?

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Please raise your hand.

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I wasn't sure if Ms. Della Barber was.

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Harry Cook is getting promoted

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I didn't understand what you said

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I'm sorry

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I just promoted Harry Cook

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Mr. Cook

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hi good afternoon hi please identify yourself the record i don't remember if i swore you

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i was sworn in harry cook h-a-r-r-y-c-o-o-k anastasia law 1315 walnut street you're still

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under oath thank you thank you um mr patterson is correct to an extent there are uh you know

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in terms of our real property agreement it is in relation to zoning issues that are in play

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in this application. So the rear yard area that abuts the shared property line under the variance

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would allow applicant to build 12 feet closer to Protestants' property. Protestants' property

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is a medical office. With me today is Dr. Pascual Nestico. You have elderly patients that do

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traverse that area into and out of the medical office, building that much closer to the property

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line will impact, adversely impact light and air and have a knock-on effect potentially of

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valuation. And again, not only is Dr. Nestico an esteemed doctor, he's a real estate professional

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for 50 years, and he can testify to that. We would ask that the board hold a vote today,

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give us a week to come up with a final resolution. We are very close. In addition, we also,

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an email was sent to the board by Paul Rossi, the zoning chair of the Girard Estates Neighbors

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the zoning chair of the Girard Estates Neighbors Association, asking that a continuance be granted

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Association.

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until these issues could be worked out. We obviously are past that point, but a hearing

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hold would still meet those sort of needs and allow us to work out the real property agreement

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that would be a quid pro quo for us not opposing the zoning, the dimensional variance requested

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that impacts our property. I would have two things to say about that. One being Mr. Rossi

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was the secondary RCO, the coordinating RCO being here. He's with Jenna. That's the first I've heard

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about the request for the continuance. And second, this is the first time I'm hearing

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from our neighbor that there is a dimensional or zoning issue with the project.

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So I'm happy to now hear that, even though we've been discussing this for at least a month.

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Without seeing what Mr. Cook is talking about, I don't understand.

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Are you asking that certain buildings be moved further away?

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We've already had an admission that there was a buy-write option here where 70 units could be built that would have included...

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70 with commercial mixed use um we have an assertion that commercial is not viable here

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there's a dunkin donuts on the corner and a medical office right next door so you know in

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terms of uh hardship and and in proving up whether or not that it's not viable to have commercial at

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this project has not been met potentially but if we have some time it sounds like you're going to

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you guys are going to start from it sounds like you're almost beginning this this discussion from

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day from the beginning no we're very close there there are final drafts before parties

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share some of those final drafts what what what what are we talking about here

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it's it relates to an easement in the rear yard um uh to the rear of the property where there is

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now a nine foot um an easement will be made more narrow no the easement is going to be extinguished

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and there are certain terms and conditions that we would receive on regarding that in exchange for

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supporting the dimensional variance that would allow protestant excuse me allow applicant to

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build 12 feet closer than the code allows so if i may this is the easement i believe which we have

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access over to get to oregon avenue and it's about when and how this easement gets extinguished so we

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relinquish our rights and some other related collateral issues and one of the collateral

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issues is the 12 foot expansion. Mr. Cook, I think you said that you need a week? Yes. All right.

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So here's what we're going to do.

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0-0-0-9-1-6-2-6-1-6-South 18th. This hearing will be resumed. Could we do this

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week, Tanya, it'll be

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15 minutes at the most.

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I guarantee you. Fantastic.

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Thank you, sir.

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Tanya?

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The only thing I really...

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We could offer

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3.30 on Wednesday.

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Wednesday is the 9th, correct?

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Yes.

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