civus
Hearing video

ZBA Hearing - September 17, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Sep 17, 20256h 43m

that does lay it does lay out in this area to be able to do it here well i thought you just put it

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there because it'd be easier in terms of the water sources well there i mean yes there is that aspect

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Yes, we're back right up to the washer. Yes, for sure. I mean, and it but again, it allows for a larger bedroom and a larger living room. You know, do you need that large of a kitchen? So for multiple reasons, it was why we put it back in this area. But I mean, if it were a concern, you know, walking, you know, I don't know, 12 feet, or, you know, maybe 15 feet to get to the bathroom.

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um you know it could be located in this area at three o'clock in the morning that's a long 12 feet

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okay that's all my kids do it but i guess you know they're younger it's not so

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yeah that's that's even with them that's a little we haven't had any problems but thank you

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questions from our attorney not at this time mr chair questions or comments from the audience

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hands up. Wait, I have a hand up from a David

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Nelson. I will allow them to speak. Sure.

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David Nelson, please unmute.

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Yes, can you hear me? I can. Could you

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please state your name and spell for the stenographer?

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My name is David Nelson.

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D-I-V-D-I-V-I-D

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Nelson. N-E-L-S-O-N.

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Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth?

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Yes, I do. Mr. Nelson, could

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you turn your video on, please?

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Yes, I can.

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I'm going to put my glasses on.

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You could start your testimony.

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Yes.

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My name is David Nelson.

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I am...

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Then we're rejoining us,

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Panama, shortly, Mr. Chair.

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Excuse me.

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And I talked to the neighbors

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when they posted the zone in Heron.

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A lot of neighbors walked up to me

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and asked me what it was about,

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and I informed all the neighbors

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but it was about the zoning herring that's why a lot of people came out to the rco meeting

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and they you know and they're and i talked to them about you know what was going on they all

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was okay with it you know i lived around here for 28 years i know all the neighbors when they saw

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the um the herring notice they all walked up to me and i explained it to them they all was okay

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with it and in the back and they do have excess in the back to get in and out for a trash if they

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do want to go in and out the back they do have an entrance in the front an entrance in the back

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they have enough room for two cars to park back there thank you david where do you live

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a 287 right next door to white fence adjacent property oh you're the adjacent owner okay great

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that's my thought thank you anyone else in the virtual audience

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do not see any hands mr chair planning commission

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michael gall with the philadelphia city planning commission the comprehensive plan recommends no

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change to the existing rsa 5 residential single family attached zoning at this location the

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property has a documented history of multifamily use dating to the 1950s and the appellant has

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demonstrated that the proposed use would not cause undue detriment to neighboring properties

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beyond what might be expected therefore the city planning commission recommends the board grant

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Therefore, the City Planning Commission recommends the board grant the proposed special exception for multifamily residential use.

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the proposed special exception for multifamily residential

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Thank you.

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Mr. Orphanitis, we're going to hold this until October 1st.

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We're going to just talk a little bit about it in the executive session.

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Understood.

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And we'll vote at 9.30 a.m.

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I'm sorry, on what date, October 1st?

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October 1st, 9.30 a.m.

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Okay, thank you.

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Thank you very much.

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Thank you.

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All right, so I think we have a lot of people in the audience for number 21, MI-2025-004-704, 4045 to 61 Main Street.

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Adam Labor is the attorney.

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Okay.

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so um this is a uh a reconsideration hearing um hillary i'll start with the preamble

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okay the evidence and testimony from the original hearing in this matter

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are incorporated into the record for this hearing the scope of this hearing is the applicant's

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request for greater height variance than previously granted by the board after the original hearing

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for a point of information the applicant will make a presentation the board and council will

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have questions there will be public testimony only on the issue relative to the height and

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planning commission will then make a recommendation and before we start

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hillary emerson has a letter that i believe she wants to read into the record

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um yes good morning mr labor um morning members of the board um we received a letter um from

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council member jones that he asked to be right into the record at the start of the hearing so

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i'm going to do that now um dear chairman bergman and members of the zoning board of adjustment

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thank you for the board's extensive review of this very important case along manny young's

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main street in the heart of my councilmatic district for years i along with other stakeholders

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have been striving to positively transform this area, and this project has the potential to finally

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do just that. Following the ill effects of Hurricane Ida in 2021, the former G.J. Littlewood

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& Son Incorporated site at 4045-61 Main Street, the subject property, has sat empty and desolate.

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The subject property has been under contract multiple times with different developers who

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attempted to devise viable development schemes yet none were successful. The current proposal

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is a game changer. The site is arguably one of the more challenging sites to develop in Maniunk

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creating tremendous hardships for any developer including a significant floodplain elevation

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that extends higher than the height of a typical floor. The rear neighbor 11 Shures Lane is

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markedly higher than the subject property due to its position atop the bedrock and rock

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outcropping. Additionally, the rear of 40, 45 to 61 Main Street is adjacent to an elevated railroad.

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These combined factors make rear-facing residences on the first and second floors of the subject

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property impossible. The subject property is located within the Maniunk Main Street Historic

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district requiring that the proposed development incorporates much of the existing civil war era

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industrial facade into the plans for state-of-the-art modern residences for these reasons

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and more excuse me for these reasons and more the pending request for variance relief to allow an

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additional eight feet nine and a quarter inches in height is warranted and necessary lower main

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Street struggles with vacant retail storefronts, exacerbated by the impact of Hurricane Ida.

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The proposed redevelopment would be a shot in the arm for Main Street, bringing 163 dwelling units

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to patronize our stalwart businesses and to attract new businesses. The proposed project

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has the potential to jumpstart investment and development along Lower Main Street,

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which is desolate, isolated, and by many accounts, depressed.

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Unlike other areas of Main Street, Lower Main Street struggles to attract investment and attention.

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I firmly believe that the success of this project will encourage additional private investment along Lower Main Street,

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whereas quashing this proposal would set back Lower Main Street even further,

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dissuading private investment and serving as a signal to developers that Lower Main Street is not worth the investment risk

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compared to other areas in Philadelphia.

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The project, as presented, has received an unprecedented amount of

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The project, as presented, has received an unprecedented amount of support from impacted

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near neighbors, including 48 impacted near neighbors within 500 feet of the subject property,

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residences, businesses, and a house of worship located directly across the street from the

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subject property.

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Thank you for the Board's continued consideration.

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Sincerely, Curtis Jones, Jr., Councilmember, 4th District.

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

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yes chairman bergman you know as you know we had a great deal of testimony

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we do that a couple times yes sir let's take a few times so um why don't you start your

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presentation and and as stated this will be about why you need additional height

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is that right yes we are uh absolutely agreeable and appreciative of this opportunity

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Mr. Chairman and members of the board, as the board is aware, I have the privilege of

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representing 4045 Main Street LLC, which is an urban convergence entity, and Andrew Zakroff,

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who is sitting here in the physical hearing room today, Vice President of Acquisitions

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and Development.

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In addition to Andrew, Robert Littlewood is in the second row.

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Mr. Littlewood is a fifth generation member of the family business G.J. Littlewood and son

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who cares greatly about this property. In a public hearing vote on May 21st of 2025

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this board granted variance relief in this matter with the condition that would reduce the proposed

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project height by eight feet nine and one quarter inches from the proposed 68 feet nine and one

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quarter inches to 60 feet even urban conversions respectfully sought reconsideration of this

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condition in light of several factors and we will pinpoint uh and contain our testimony today

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to the to this point historic preservation objectives and requirements uh to keep

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a little bit closer i beg your pardon thank you historic preservation objectives and requirements

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to keep the new floor structures from being visible through retained historic window openings

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thereby increasing overall height of the new construction this mr chairman and members of

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the board is in keeping with the philadelphia historical commission's july 23rd 2024 approval

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which is part of the submitted record additionally we sought this opportunity to appear before you

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to review building sections, which establish that any residences at the rear of the second

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floor level would be non-viable. We've described them as subterranean, and Mr. Layden, the architect,

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will share additional detail on that momentarily. This is due to topographical conditions that are

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particular to this site natural rock outcroppings for example which necessitate raising

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functional occupiable areas in the proposed new construction this is different and distinguishable

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for example and it's actually uh shown in this slide that is on the board from the property

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along Shores Lane just next door, 11 Shores Lane. 11 Shores Lane, very interestingly,

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has effectively a natural base in that it's raised higher up. It does not suffer,

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is not burdened from the same conditions. And we'll get into that. As well as market-driven

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data, which necessitates, based on well-accepted principles, a 10-foot, 8-inch floor-to-floor

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height in new construction projects, which allows for 9-foot-high ceilings.

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Site challenges, as well, necessitate that the project be built with 5-over-2 construction,

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with five over two construction which is a term of art which means five stories of wood frame

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which is a term of art, which means 5-over-2 construction.

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construction over a steel or concrete podium and that other construction types would not be

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economically viable or practical so that you have these conditions at the site physical conditions

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which exacerbate a problem significantly we are very grateful mr chairman and members of the

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board for the opportunity to share additional information specific to this one issue. Architect

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Eric Layden will testify regarding the physical limitations of the site, followed, we hope,

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by Dr. Peter Angelides on market forces. Also available, only should questions arise, is

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Ryan Aide, Senior Managing Director of Jones Lang LaSalle Americas Inc., an expert on current

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market conditions and a consultant on this project before bringing mr laden uh to uh testify before

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you we've gone over what the board approved we are aware of the difference uh in what has been

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presented uh compared to what uh currently has been approved uh the record reflects uh council

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member jones's support the overwhelming support of near neighbors the historical commission

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approval the uh rcos absent mnc and mnc i know will speak for itself but manny on development

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corporation manny on special services district 68 total near petition signatures uh etc and you

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You can see that in this documentation to refresh where we are.

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At this point, and in the interest of time, I'd like to ask Mr. Layden to please come

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up and present an overview of the physical limitations at the property, which relate

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specifically and solely to this issue of height.

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Mr. Layden.

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Mr. Layton, could you please state your name and spell for the sonographer?

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Yes, my name is Eric Layton, E-R-I-C-L-E-I-G-H-T-O-N.

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

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I do.

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Please proceed, counsel.

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Thank you.

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Good morning, Mr. Layton.

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Let's get right to the heart of this.

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Could you please go over the physical limitations of this site in your expert opinion for the

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board and i'll be happy to uh advance the slides as you wish absolutely thank you mr labor um what

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we're looking at right now just as a refresher for everybody is an aerial view of the existing

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condition at the site the magenta line is at the property line and it is more or less an assemblage

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of 27 different constructions um that are all sandwiched together on this site um the historic

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commission did grant approval to could you get a little closer oh sorry i'll move it up

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is that the mic one it is yeah here maybe this will be better um the historic commission did

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um grant a hardship approval to demolish everything that's on the site upon receipt

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of approvals for a buildable project um if you could advance the slide please uh so what i want

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to start with here is to to demonstrate why we need the proviso to be um increased to 68 nine

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and a quarter or to eliminate the 60-foot proviso limit, is start with this ground floor plan,

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which you see is primarily parking. And what's indicated there in magenta are three section

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markers, which I'll go over in a minute. And then you see six photograph dots there. I think some

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of them are underneath the photographs of the participants in the meeting off to the right.

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but if we turn the page I will demonstrate what the photographs are for. So one of the really

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really unique situations at this site in addition to the floodplain limitation are these rock

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outcroppings that exist as you see here within the building and just to be clear in addition to

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these photographs the interior of this building was scanned with a laser so when you see these

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rock outcroppings in the drawings. The dimensions and the heights are pulled from a point cloud

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into the computer for us to create the sections that we're about to see. These are two views of

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the rock outcroppings behind the building, more towards the railroad. And then if you could

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advance the slide, please. The one on the right is also rock outcropping in the vicinity of the

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railroad so the the north edge of the property and i just want to point out on the left side

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on the left side that is the parking lot at 11 shores lane there's a building being constructed

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that is the parking lot at 11 shores lane there's a

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there right now um this photograph was taken prior to that this is actually the top of the

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rock outcropping that we were seeing in the interior photographs just to demonstrate that

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even back in the beginning when these buildings were built they had to deal with with these uh

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these steep slope and rock outcroppings and they just built the walls right on top of them

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