civus
Hearing video

ZBA Hearing - July 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20206h 57m

what's the makeup of the block multi-family or single family the majority of the block

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uh i can go to that for you i can go to that for you um i have properties and i think

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so the the block is obviously a mixture of both of single family and quite a few multi-family

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what's the majority i would say it's very close to probably 60 60 40 50 50 residential versus

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commercial if you add the units in the in the commercial you have probably six or seven four

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to five bedrooms within a block either way and within two blocks you probably have about 15 uh

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multi so and and and here are a few of them i got them you can see them it it's a lot of this

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prestige the gray buildings you're seeing are you seeing them yes okay these gray buildings here

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are all on the block there's one of them has like probably 20 units in it the other one has

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uh five or six units the two adjacent buildings if you're facing our building i can show you

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the two adjacent buildings if you're facing our building i can show you the two adjacent buildings

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um right here are multi-family our lot is right next door to those you can see the utilities on

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the brick building right here there's probably five units in there and there's our lot which

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is right next door to that so okay the nature the nature is high high highly uh multi-units

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okay thank you you're welcome uh and yeah all right um mr dofino do you have your client on as well

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i don't think he's here right now if he's not if he's there i'll ask if he

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adopts your testimony if not we'll move on i have two two clients actually but my met are you out

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there anyone who needs to testify will have to raise their hand yeah i don't think he's out there

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okay all right any uh questions from the board no no planning commission

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this property is indicated for residential use on the comprehensive plan we feel that this

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application represents an overuse in both unit count or in unit count of a single family district

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that has been remapped recently accordingly we recommend the requested variance does not be granted

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given the fact that there's looks a ton of multi-family on that block

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well we did a community remapping and one of the goals was to make this single family so we

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try to support the work we do yeah and i get that and i'm not uh you know being disrespectful i just

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think it might be a little bit too late for that but okay all right calendar no no revised plans

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correct the the plans were reduced the original plans were reduced so they may be

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i don't know if we need revisions charles you there uh yeah actually the the floor plans we

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were just looking at are the revised plan and if you scroll through a little bit more uh the

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revised floor plans the revised elevation to to have brick on the elevation as the rco asked

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uh and as well that indicates the reduced height that is currently the revised elevation

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uh the rco requested a uh a larger masonry brace and then the upper floor to be

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so they permitted some metal paneling and mostly the red brick veneer that you would typically

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find in uh philadelphia okay so there's one is it one page no they i don't think that you submitted

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did you submit a revised plans proviso form yes i i did with my uh it's in my exhibit

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it's right here the proviso plans form was changed at the request of the meeting the

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project was changed five units to four the building height was changed to 40 foot plus

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to 38 generally don't like to stamp floor plans I'm wondering if we could rather than

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stamping the plans just add two provisos one saying maximum four units the other saying

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maximum height 38 feet would that change there is a revised zoning sheet in here also that indicates

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all of the revised uh updates so if you scroll down a little bit further uh vince yeah it didn't

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scroll any further than that that's it that's all i got here okay well it wouldn't matter because if

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it wasn't listed as one of the changes in the revised proviso plan it would not be approved in

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any case so if there are revisions in addition to those that are listed um i'm afraid you're going to

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have to come back and at least present that no that's it i think that's it i think we're good

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there okay so then you can do the two provisos and that would cover everything yes it would

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okay okay thank you sherry thank you all right calendar number 39127 1426 north 7th street

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my vote is yes with the following provisos maximum number of units to be four

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maximum height 38 feet yes with provisos yes with provisos

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thank you all thank you very much thank you everyone have a great day guys

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Thank you.

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Girls, everybody.

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Calendar number 3988730 Pelham Road.

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Steve Masters.

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Did I hear you earlier?

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did i hear you uh earlier someone maybe it was sharon said that this case is being continued

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no no i think friendship street no not this one back on the record

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steve unmute yourself ah great okay

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do you agree to wave the reading of his refusal and stipulate to its accuracy

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um i do

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name and i just for the record steve masters law firm of just laws 621 west mount area avenue in

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philadelphia here on behalf of the applicant occasion mr masters excuse me you're swearing

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to tell the truth the whole truth and nothing but the truth i do and i don't know if you heard me

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earlier i asked that you uh your testimony uh do your best to uh put in uh whatever you need on

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the record that it's most important. We're trying to keep these hearings to a minimum of one hour.

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Thank you. Good morning, Mr. Chairman and members of the board. I'm going to give you a brief

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introduction to this project, and then we're going to have a few witnesses who are going to go into

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more details for you around the different aspects of it. We hear about the historic Fairlawn Manor

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F-A-I-R-E-L-A-W-N. It sits at the corner of Pelham and Cresham Roads in West Mount Airy on a 1.2

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acre lot. The property is currently zoned RSD2 single-family residential. It's a historic

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mansion that was constructed between 1897 and 1902. Same architects that built that mansion

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built the iconic Bellevue Stratford Hotel on Broad Street. It took 60 artisans four years

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to complete the construction of the Fairlawn Manor, and today the house has 10 plus bedrooms

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and four and a half bathrooms in a massive 10,000 square foot structure. The mansion has been vacant

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for over five years, and it has seriously deteriorated to the point where it's now in

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jeopardy of demolition. Our client Philly Office Retail purchased this property to preserve and

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save the mansion. As you would imagine, that cost is substantial and we'll get into some of the

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details with our witness Ken Weinstein. Our design calls for converting the mansion into two very

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large condominiums. One will be five bedroom and four and a half bath units and the other will be

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four bedrooms and four and a half baths in order to finance the staggering costs for rehabilitating

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this extremely large home the plan calls for subdividing the 1.2 acre site into five parcels

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four of those parcels will be sold off to Chris Murray and Jonathan Thomas and Jonathan Thomas

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will be one of the witnesses testifying today they plan to build four single family homes

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in the form of two twins that will be facing pelham road immediately next to a row of existing

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five row homes just the same the same character in terms of landscaping there will be some trees

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that are going to be removed obviously in construction but we're going to be putting

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in a lot more new trees and shrubs and professionally landscaping the whole lot after construction

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for traffic and parking we're actually going to result in an increase in parking spaces

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we are going to uh have the residents of the four uh new homes use the driveway off of cresham uh

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i'm sorry off of um pelham road that would take away three on-street parking spaces but we're

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creating uh two parking spaces for each of the homes so we're going to have a net gain of five

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excuse me steve were you able to share that we don't have a screen oh sure sure sure and can i

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interrupt for one minute um i apologize this there was no decision on this being continued but there

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was a continuance request submitted um charles richardson is um charles richardson would like

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to speak on that he's from councilman bass's office he's here richardson good morning mr

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chair and uh committee uh councilwoman is asking for a continuance on this case uh she believes

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there is a higher degree of opposition that's reflected in the results of the RCO meeting.

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It was a very lengthy meeting of two-plus hours, and at least 15 people that I saw and approached as they were leaving cited the fact that it was the length of the meeting that caused them to leave.

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It was a very lengthy meeting of two plus hours and at least 15 people that I saw.

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The RCO committee also allowed the developer himself to vote as a near neighbor on his own project, and the prospective co-developer of the proposed four houses to vote as well.

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Neither of them is a near neighbor or lives close by.

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She also has a question on the vote total, which we got two different reports that it was 20 to 17 and the margin was in opposition as opposed to being as for being in favor.

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So she's requesting a continuance and for them to hold another meeting in order to actually get a full idea of what the people actually wanted to occur at that location.

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and can i say that there was some confusion because the original letter from the rco that

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you received was one of non-opposition then they discovered that the vote had been flipped that um

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and actually the majority were in opposition so we received another letter yesterday

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um mr chair and after that there there has been i'm going to agree that there has been some

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confusion as to uh the vote but it has been resolved and um not to our who wrote the letter

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not to our excellent time please mr masters continue thank you so m so ralph pinkus wrote

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the letter um that we have um in front of us now which was um dated july 24th mr pinkus

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was not present at the RCO meeting that happened in early March. We have, we would like to present

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the testimony right now of Bob Bembry, who is an attorney and who was the chair of that meeting

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and who, but he's a member of the zoning committee of Westman Airy Neighbors. Mr. Pincus was assigned

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the task of writing the letter but Mr. Bembry was the one who took the tally and took the vote

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so i would like to have Mr. Bembry join us and offer testimony at this point

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okay but there's a request for continuance so Mr. Richardson

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I'm going to suggest that we go forward with the meeting with this hearing the board will hold off

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on any decision uh and mr masters maybe you can then uh accommodate the councilwoman's request

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uh to have another meeting

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uh well that is that is certainly possible mr chair but what we have here is um if the only

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issue is what was the correct vote of this meeting we can we can resolve that with you today because

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we have the chair of the meeting who is on standby to come and testify as to that the vote was

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correct it was 20 in favor and 17 opposed and you'll hear um excuse me excuse me steve uh let

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me speak on on that uh with the near neighbors the eight to eight vote if uh the developer was

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allowed to vote which normally in most rco meetings they are asked to leave the bill they

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leave the room at least during the vote but he was allowed to stay and to vote for his own project

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also the code of the prospective co-developer also voted for part of that of that 20 to 17

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and you know and again it's that that's an anomaly that's not something that's normally

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done and and in fact they're voting for their own interest so we want a continuance we do want a

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continuance. Mr. Bembry is currently in the Zoom chat, and I would really like him to just

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clarify what really happened, because I feel that the councilwoman's representative, who wasn't

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there, he was there at the beginning of the meeting, through the middle, and he left before

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the vote was taken, so he has no personal knowledge of the vote. Mr. Bembry has no personal knowledge

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of the vote. I do have a, I got a text as I was leaving. And as I had indicated, my wife had just

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had gotten out of the hospital from surgery. I had left her at home to come to this, to this

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meeting. I stayed until about nine o'clock. And I asked the executive director of Westbound Area

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Neighbors, Catherine McKenzie Ziegler, to text me what the results actually were.

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so let me interrupt let me interrupt is the is the mr richardson i guess it's more

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is the is the mr richardson i guess it's more for you than than mr masters is the issue at hand

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for you than than mr masters

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the count the vote count not not all of the vote count because again 15 people left that were in

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opposition that i spoke to well and then the councilwoman has received several calls over

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the last uh couple of days asking for her to oppose and we're not opposing what we're doing

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is asking for another meeting here's my point if people left that meeting uh i i don't know why

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the applicant should be held um we should be holding it up i'm not suggesting we would vote

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today i would give it at least another week i don't know if we need another meeting if the issue

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is the count now the issue is someone like we can like i think mr masters said we can have the uh

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the zoning chair for West Mount Airy will get that testimony on the record,

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but to hold it for another hearing, another meeting rather, just because of the vote count,

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I guess. She has received, Mr. Chair, she's received several calls with regard to opposition

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to the project, and as I indicated, had it not gone for two plus hours, that we probably would

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have had a different type of outcome. But again, I am not really concerned about the outcome,

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and neither is the councilwoman. The issue is, was the level of opposition is higher than is

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reflected in the RCO meeting. And she's very concerned about the fact that people's voices

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were not heard. Mr. Chair, what we're going to have today, and members of the board, we have

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five near neighbors who literally border on this giant 1.2 acre property they're all strongly in

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support of it um we have uh the westmanry neighbor zoning committee itself voted unanimously

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in favor of of this project uh the the community did have some people in support some people in

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opposition but the ones in support were more um so that that's the whole picture but um i agree

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with you um mr chair that this isn't a reason for a continuance and we can certainly clarify what

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the vote was by putting mr vembrey uh for some brief testimony right now and mr chair can i

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suggest that there's one possibility would be um scheduling a second brief limited hearing where

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any member of the public who believes that they did not have an opportunity to um register their

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opposition will be given an opportunity to speak and then the case will be voted i mean those same

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people who attended the meeting and maybe left early or left after the two and a half hours

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if those are some of the people that are calling your office mr richardson as sharon suggested we

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could hear from them if they choose to you know get on get on they a brief hearing well that that

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that could could be a possibility but again i do have issues with the fact that uh the developer

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himself was allowed to vote as one of the near neighbors and it was tied 8-8 well well he will

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not be voting if we if we hear from the those other folks who have been calling your office

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that'll give us a better indication of what the count should have been okay or could have been

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we can do that all right so why don't we proceed yes and and then we'll hold sure

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thank you and there were sorry at sharon's suggestion we can do a brief hearing we'll

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figure out the timing on that once you conclude with your testimony okay um and there were many

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supporters of the projects who also left early because it was a long meeting and so it was not

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just a one-sided thing understood um so maybe what would be i i do want to touch briefly on

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the hardship issues and then i'm going to go to my witnesses who will walk through the plans with

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you the site plans show you why we don't um well we don't have any more problems with the two

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um variances related to the watershed and uh the steep slope uh why the dimensional variances are

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are very important and why the use variants for the two um the two condos in the manor are essential

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but in terms of unnecessary hardship uh this mansion is functionally obsolete and can no

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longer be used in conformance with a single family use so under the holdings of marshall

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and logan square neighborhood uh that constitutes unnecessary hardship under the code

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the proposed two-family dwelling use is the minimum variance that will provide

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relief and for the dimensional variances you'll see why these are just very

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slight variances from the setbacks so that we can have

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uh variances from the setbacks so that we can have four homes with the proper size to conform

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to the characteristics of the adjacent five row homes. I'm gonna call Ken Weinstein as my first

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witness. Ken I think you're supposed to raise your hand to get recognized by the board administrator.

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i'm sorry steve i didn't catch that last part oh i'm i'd like uh ken weinstein to uh to be my

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first witness and i think he has to rip his hand all right mr weinstein i'm here thank you please

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identify yourself for the record state your name and address i'm ken weinstein uh president of

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philly office retail i live at 502 west allens lane in philadelphia do you swear in a firm to

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tell the truth, the whole truth, and nothing but the truth? I do. Thank you, Mr. Weinstein. Please

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proceed. Ken, before we start with your testimony, you have heard my testimony so far today. Do you

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adopt it as true and correct and as your own testimony? It is true and correct. Thank you.

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all right great so um let's uh what kind of what exhibits would you like me to show while we're

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talking about uh the the plans that you have for the mansion and how you developed uh this this

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design by either the floor plans or the elevations of the mansion would be great okay so let's do

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okay thank you um so not to repeat what steve already presented um i just wanted to say uh

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