civus
Hearing video

ZBA Hearing - July 28, 2020

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

all right um then ronda you are excused and i would like um uh john thompson uh to

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to uh raise your hand i'm sorry jonathan thomas

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to uh raise your hand i'm sorry jonathan thomas sorry about that

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ah you are here okay great um so we're gonna look at we need to get mr thompson oh sorry you have

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to get him thomas on the record name minutes please state your name and address spell your

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name for the court reporter, please. Thomas, J-O-N-A-T-H-A-N-T-H-O-M-A-S, 321 Chapman

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Drive, Percasee, PA, 18944. Mr. Thomas, can you explain your role in this project?

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we were brought on to the development team as home builder and partner of the um to do the four

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uh the twins of the four units um and designing those in a way that those are sellable

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and the correct kind of housing configuration to not only have a successful project to be

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conscious of the neighborhood, but also to sell them at a maximum value to help take the proceeds

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from what we do to help benefit the restoration of the Farlaw Mansion, which I think is the most

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important aspect here. And what is, can you just explain the connection between the sale of these

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four homes and the ability to preserve and renovate the mansion? My understanding is the

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proceeds from the sale of the four lots to us as home builders is they're going to then roll

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those proceeds into the restoration of the um you're getting a little cut off unfortunately

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could you repeat that the four lots um those go and benefit for the restoration of the uh

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the two units in the mansion okay so let's go through the the designs for the

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new construction can you see the the screen that I'm sharing Mr. Thomas can

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you can you see the the diagram on the screen okay all right so what would you

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like me to show to to help you explain um how you design these homes and and why you um you you have

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the setbacks the way you do so like the first floor plan um i mean the idea is that we we need

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to have a home that's big enough for a growing family in mount area mount area you're going to

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have the need for three to four bedrooms um and then we also have a width issue which a lot of

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the setbacks um a lot of the variances are from those setbacks and we built a home here that we

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feel is very it's wide enough at 18 and a half feet wide outer outer to outer um and then it's

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about 50 feet deep on the deepest part um 52 feet deep here that you can see the mudroom um so we

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felt that anything smaller than that we would just have a we'd have a subpar you know home to build

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and that you know this is kind of like the maximum between what we can do what

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we can sell it for and then also like how those proceeds go to benefit the

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historic you know renovation of the mansion okay I think I think mr. Holloman

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is also asking um as to your choices around um the side and the and the rear um setbacks and the

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front setbacks this is as far as can you clarify what the question is let me let me let me ask the

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question please okay it seemed like to me that the design of a building is dictating the

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zoning parameters whereas zoning parameter should dictate the design of

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the building you follow me I do I don't know if I understand a question there

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well what can you do to to what can you do design wise to meet the zoning

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requirements in my personal opinion as a is a

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in my personal opinion as a is a you know i guess a real estate professional for 13 years

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i don't feel that we're able to design a smaller home that's that's anything skinnier is going to

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be too too narrow um and then with the rear patio that you can kind of see on this image here

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is that you have livable space so you have from your back door mudroom area you know where everyone

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takes off their dirty clothes and shoes and everything, you step out onto a really nice

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patio. And that patio, you have a little bit of rear yard and grass, so it feels like a good

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community feel. And then from there, we already put the detached garages in the back. And I think

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some of the setbacks are caused by that. However, I know that the support from the person who lives

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in the manor house right there is understanding and I believe supports the project. Ken, you can

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correct me or stevie can correct me on that um but that i think that is the most extreme

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setback variance for there for the accessory structure um

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well let me ask let me ask you let me let me ask you if you reduce the number of lots

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could you reduce the number of refusals

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i i would think that the the factual answer to that would be if you reduce the number

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of lots the answer would be yes but then you would be in jeopardy of not being able to preserve

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the far lawn mansion because now you're only having two lots and we're not selling

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one home for you know twice is what two homes would sell for so you're losing

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that that development aspect of it

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well should the zoning board be helping you with economic issues

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well i i would say i think that's maybe a question more for me than for my witness

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um mr holliman um in this case uh the city the city has a very strong public policy

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um for preserving um our historic heritage and historic structures and this structure as i said

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at the very beginning of the hearing you know is designed by the same architect that designed the

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Bellevue Stratford Hotel it's a beautiful example and and worthy of

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preservation but it costs a lot of money to do that and it has a 1.2 acre a lot

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but as we if we want to look at the whole site plan what we're doing is

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we're not taking we're not putting houses you know the the manor itself is

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it takes up a quite a bit of space it's 10,000 square feet and that has the

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entire look at it basically comes out you know onto on the whole frontage of

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Cresham Road and it curves around to it's the corner with Pelham and Cresham

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so to take this giant lot we certainly wouldn't want to put houses in a way

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that would destroy the grandeur

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and the beauty of that mansion

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and try to divide up the properties that way

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to carve out like a corner lot on Pelham and Cresham,

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that would not be pleasing to the neighbors

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or to the preservation of this project.

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So the only possibility for carving out some subdivisions

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and putting some homes was along this portion of Pelham,

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which is going towards, it's going to the east

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towards Germantown Avenue.

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And right next to these four proposed new homes,

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these four new townhomes are five row homes,

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which we can see in our site photos here.

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and make this a little bigger so we so this is you know the mansion we obviously can't put any

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homes uh in in the vicinity of the mansion um we're putting the homes um here which um and

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then putting the garages back here right next to these five um adjoining row homes so from a from

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from a design point of view, this seems to be completely compatible and in character

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with the surrounding homes. And perhaps you're right. Perhaps if there was larger lots and

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less of them, then there would be less dimensional variances. But the courts have said that when

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we're talking about dimensional variances, the issue of financial hardship is appropriate,

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is appropriate where it isn't with the use um and with the use with the manor the only use

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where it isn't with the use.

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And with the use,

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variance we have um you'll recall is with is with putting two single family homes in the manor

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because it's zoned it's a 10 000 foot 10 bedroom house that's zoned for one family

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um and we're putting two homes there that's a use variance and we believe we have

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the unnecessary hardship because um because the testimony is we can't use the home with that with

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that structure, especially historically protected, we can't do anything with it to make it a single

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family home that would be viable. Everything else, dimensionally, we're saying that we need

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those four homes in order to generate enough total return so that we can preserve and maintain that

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mansion and that's that's just the that's just the economics of of preserving historic buildings

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other other developers might come in and want to demolish it and that's not what we're doing

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we're actually preserving this poor character for the neighborhood let me let me ask you

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counselor did your client apply for historical tax credits uh this is ken weinstein come back for

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that. Yeah, thank you. This is Ken Weinstein again. We did not. We don't think this is a large enough

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project. Usually when we apply for historic tax credits, we usually do it on $2 million plus

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projects. So we did not apply in this case. I'd also like to, if I could, just add on to what

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Steve just said and that a lot of the refusals are because of the top topography of the site it's hard

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to tell from these pictures but the rear yard where we are proposing to add the four houses

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sit up high like a plateau several feet up and we did not want to cut more into the slope

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except along Pelham where this where the sidewalk needs to go we didn't want to

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cut more into the slope and and damage the slope so we allowed a sizable area

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behind the house before the four houses start in order to keep it on the top of

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the plateau and that created some less comfortable less straight lines as you

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can see in the drawings. So Ken can you can you explain why you chose to do it

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that way as opposed to have larger lots and and less houses? Yeah I think John

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Thomas already answered that question but we need a certain amount of revenue

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out of the rear development in order to make the front building work as you

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said Steve it's a sizable investment to restore that house from scratch and stay

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within historic historically designated regulations and in order to follow those

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regulations to a T we're anticipating that it'll be a large price tag and then

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also the the driveway that's that a new driveway to allow all the the home the

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new homeowners to have access to these um garages that that takes away some of the dimensional

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setbacks that you that you could have had um if you didn't have that correct that is correct

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so if you didn't have ability to park on site um then you could have had larger lots but then you

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would have had more of a parking impact on the neighbors that's correct what we clearly heard

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at the RCO meeting was that parking is a major concern.

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So we did not want to negotiate on that

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or downsize on that is the right word.

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And wanted to insist that each of these new houses

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has two parking spots and a garage off street.

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So it would not impact the neighbor's ability to park.

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Can you also talk about any plans that you may have considered but rejected for putting higher density residential use in the manor?

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Well, as I mentioned earlier, we did not want to go the route that other developers had suggested, upwards of six apartments in there.

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Because it's a three-story building, it would have laid out to six apartments.

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but then the wonderful staircase inside would have had to be a common

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staircase inside would have had to be a common staircase. And I think that would have been a

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staircase. And I think that would have.

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disservice to the building. We also did not want to take the route now allowed in historically

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designated houses with previous commercial usage as this house has had and put in something higher

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density and not as pleasing to the neighbors like a B&B, restaurant, offices, single room occupancy,

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group homes, etc. We do not want to take that route and don't feel that would be fair to the

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neighbors. Under the historic designated exception to the use table in the zoning code, would you

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be permitted as of right to put in certain uses that you feel would be incompatible and you would

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prefer not to do yes the uses i just mentioned can be done by right um and and but we do not

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want to go that route and if you did those uses by right would you have the economic would you

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be able to get the economic return to to basically you know maintain your ownership of of this

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property without having to build the extra houses? Yes. In particular, group homes pay a lot to

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developers. It doesn't mean that they should do them in the middle of a residential area,

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but that would be another way to go economically. And again, we rejected that idea

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in preference to do it this way. And clearly, a majority of the neighborhood agrees with us.

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so um members of the board we have um some very brief testimony from the immediate neighbors

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all around this property that i would really like to put into the record at this time

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mr uh steve unfortunately we have about two minutes that's what my clock says i don't think

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you're gonna have enough time uh frank mr chair i think you know you said uh we're gonna have to

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continue, right? I don't think we're going to

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have enough time.

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Frank, you're muted.

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I thought we had started

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more like at 11, so I thought we had

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15 minutes left.

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Frank, we're not getting audio from you.

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Looks like the chair is having some sound issues.

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Steve, you want to continue to hear?

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Sure. So we have a petition in support in our exhibit binder from 34 neighbors,

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including um from a woman who was the last uh with her family was the last resident of the uh

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of the home uh excuse me i'm i'm sorry to interrupt but i have the chairman on my cell phone he for

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some reason can't unmute but he's going to um he has a question now go ahead frank

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Hi, they're suggesting IT is suggesting Frank you close out and try to rejoin and maybe they that might work

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Steve, you want to continue to?

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Sure, sure.

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Thank you.

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Do we have, I have on the list here, we have Chelsea Badeau, Joe Sullivan,

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Jen and John Conley, and Megan, John McGann, or Karen Colquitt Hall,

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John McGann or Karen Colquitt Hall and Paris Hall,

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and Paris Hall, are any of you?

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or any of you.

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And all those people, Steve, you got to get on the record.

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Yes, but very briefly.

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We have letters from them, but I just wanted,

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they've come to this hearing and I want them to just to,

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I think that they could just affirm the letters

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that they put into the.

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Can you hear me now?

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Yes, we can.

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Thank you.

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Good idea.

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Good suggestion.

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Thank you.

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uh mr chair did you say that was a good suggestion that they could just

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reaffirm their letters yes oh no testimony just their name address and whatever okay great

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what's the first person uh do we have joseph sullivan on the on the um at the zoom

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if i could ask if you could raise your hand if you have to testify

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okay let's go down to jenna and john conley

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hello hello this is joseph sullivan i just couldn't find the unmute button

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oh great okay mr sullivan please identify yourself with a record spell your name for

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this yes joseph a sullivan j-o-s-e-p-h middle initial a last name sullivan s as in sam

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u l l i v as in victor a n your address i'm sorry and my address is 15 westview street

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philadelphia 19119 don't really swear and affirm to tell the truth the whole truth and nothing but

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the truth i do i have a question how close is uh your home to the application the property that

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we're hearing occasionally. My home, it literally abuts the yard of the mansion. We share a common

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