civus
Hearing video

ZBA Hearing - January 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 8, 20256h 57m

Street, they're all multifamily in nature. Alan, that play community, are they single family? I

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mean, are they there multiple families or what are they? Oh, the playing community? It's it's

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single families but if you if you pull the the refusal like they had refusals for dimensions

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and i i didn't do the calculation to see how many single families they have versus the lot size but

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they got variants for that as well so um but those are single families but everyone to the right of

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us is yeah so i mean what we're trying to do is something architecturally interesting

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you know you know you know matt and his team at mass architecture like you know they do

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interesting architecture and this is something that's a little more unique

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flat brick facade you have a bay window but more unique in nature um just so you understand like

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you know we're we're close neighbors with these people uh who are the planning community there's

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a there's a walkway here where they take their trash into the front of our property essentially

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or just off the front of the property

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because they have the driveway.

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So the community dumps their trash right here.

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And Alan, you use that driveway too for this house?

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Yeah, not there, but there's another street

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and it's escaping my mind, but that's right.

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We use-

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One car?

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One car, one car there.

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Thank you.

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And I think that's what upset them, honestly,

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is the fact they didn't know that existed.

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That was done in like, I forgot what year,

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but it's been a few years.

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I don't think anyone understood that.

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And they're like, how are you using our parking or our lot for your parking?

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So I think that had something to do with it.

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You know, our floor plans are two splits.

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You know, first floor, open floor plan.

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And then we have we do have bedrooms in the basement.

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Second floor and third floor are also bi-levels.

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Unit number one is a two-bedroom, two-bath.

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Unit number two is a three-bedroom, three-bath.

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And then our notice to the community for a December 2nd community meeting, we emailed that notice that we sent out to the community groups as well as the council members.

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Zoning aid, we showed proof that we'd mailed it out to 115 addresses, those addresses, proof of mailing to those addresses.

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Our application for appeal, along with the notice of refusal on the project information form, deed to the property, Midas Investments, LLC.

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I wanted to give you the access agreement showing, you know, again, part of our, you know, our proposed development is taking advantage of that one parking spot.

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And here's proof of that.

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So it was in January 2017, I think, that the hearing from the ZBA for that other property was in the end of 2016.

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So there was a deal, right, with my client's predecessor.

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I won't object to the planned community variance, which is going to create a ton of density in the neighborhood.

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It's a CMX2 property, and in lieu of – with a ton of dimensional refusals, in lieu I'll get a parking spot.

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Now he wants to take – now the person who now owns the property wants to take the parking spot, and some people are not happy.

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And because of the fact that he had a building structure which was structurally impacted that he had to demolish, he's in a really tough situation.

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It would be very difficult for him to develop that property as a single-family structure.

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Trust me, if he could do it, he would.

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But Alan, that plant community developed real well, right?

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But Alan, that plant community developed real well, right?

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And they're all single family.

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And they're all sick.

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I thought the same thing.

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And it's a really, really, really tough market.

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Just because of what he paid for that property, what he expected to do, demolishing that property.

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If he could do it, trust me, he would.

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This is not something anyone would voluntarily go through this process.

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This is a very tough, difficult process, long process.

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And here's a certificate of tax clearance, which, you know, that money's not due because it's not March 31st yet.

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So with that being said, I would ask that Otar virtually raise his hand.

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Otar has been allowed to speak.

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Could you please state your name as spelled for the stenographer?

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can you unmute yourself please

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hello

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hi could you please state your name and then spell for the stenographer sir

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yeah my name otar kosashvili spells is otar is o-t-a-r last name k-o-s-a-s-h-v-i-l-i

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yes i do please proceed counsel yeah otar you heard everything i had to state today about

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your zoning matter yeah everything is fine and everything and it's true and correct what i stated

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yes and do you adopt it as your own testimony yes and then specifically into regarding your

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hardship you you didn't anticipate tearing down that building when you purchased the property

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right yeah yeah and it's been it was a very expensive demolition and it would be a very

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expensive new construction whether it's single family or multi-family is that correct yes correct

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and you know in in terms of single family you you it it doesn't make business sense you would

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literally make no money developing the properties a single family given these circumstances

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It's my opinion that to build the house that's roughly 3,500 square feet, I think this is a little bit not suitable for this area.

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We try to design the units approximately between 1,700, 1,800 square feet, which is that perfectly fits this area.

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All right. Thank you.

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Did he adopt your testimony?

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He did.

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Okay. Thank you. Questions from the board?

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It's a little hard to make those assumptions without numbers, right?

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Right. Like we don't know what the what the size of the units are that are the planned community and what the sales prices are.

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Maybe we do. We don't know what they cost to build.

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You know, so it's kind of hard to say it wouldn't be cost effective to do a single family without having, you know, a performer in front of us.

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Right. And I know we're not necessarily here for that.

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can you go back to the site plan because I'm trying to understand this parking space

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thing that you yeah let me do that so there's like a side

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street I forgot the name of it let me let me go maybe it'll be helpful

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I think the google maps actually is better to tell me what that street is hold on let me just

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get the street first before I go to the

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there it is

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where is it

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I know I

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it's like a street

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coming out of here

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where is it

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actually Otar do you remember the street

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that you're coming out of

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I think it's like here

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right

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what

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yeah exactly

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you reach the level down

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yes exactly this is the entrance yeah do you know this name the street

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galloway oh galloway that's right all right let me see i don't have for some reason do i have this

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so this also on this plan the this parking space is that space that's behind

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your unit that you're that you're that is the is the issue you're saying

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No, the refusal that we have has nothing to do with the parking because we have a common driveway.

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No, the refusal that we have has nothing to do with the parking.

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The one refusal we have is that this is an RSA-5 property and we're asking for two-family living.

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No, but you're saying that the opposition came from the fact that this property is using that driveway for their parking space.

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That's right, that we're accessing that same driveway that they use.

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They don't have an issue with the two family, had an issue with the fact that they're there, that they have, that this building will utilize their, what they believe, perceived to be their driveway.

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I still think they have an issue with the two family in the sense of this.

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Yeah, they do. I mean, if you read the letter, right, Alan, Northern Liberty's letter is real clear, right? Two families.

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Well, again, Alex Goldberg from my office was the one who presented.

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But my understanding is that at the beginning of the meeting, it was more so like, well, why are you using our driveway, essentially?

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And then we had to show them that we have a legal right to use that driveway by way of that access agreement.

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And, you know, and then they were like, well, it doesn't matter.

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We want single family here.

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And then again, we show them to the right of us all on Green Street because we're behind a shopping center.

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They're really all multifamily here

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And you don't know

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What the sales prices were for this

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Planned community

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I have not looked at it

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I don't know what the

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Recent sales prices were

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I don't know

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I mean I could look

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Saying it's kind of hard to

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Show that as a hardship

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If you show the number

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No and I hear you

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Again

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This is a for profit

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developer if if he if he could make money as a single family the the balance is this six months

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to wait for a duplex or or build a single family you know i again i don't know if

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he's you know he's pretty smart he's not gonna waste time on that but that's for the board to

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decide thank you you have the questions from the board

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Joe.

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Questions or comments from the virtual audience?

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Yes, Chair.

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I have a hand up by Daniel Fabius will be allowed to speak.

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Thank you.

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Why could you please state your name and spell for the stenographer?

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There he goes.

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Hi, Daniel. Could you please state your name and spell for the stenographer?

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Daniel Fabius, D-A-N-I-E-L-F-A-B-I-U-S.

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Where or affirm to tell the truth, the whole truth, nothing but the truth?

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I affirm.

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Sir, are you a neighbor?

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I am. I live at 333 Green Street Unit 2.

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Please proceed.

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I appreciate the discussion for today.

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A couple concerning points that I like to point out.

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I do have pictures that I can show if necessary, but the property when purchased showed evidence of damage to the brick and there were structural supports, wooden structural supports outside.

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So knowingly, he purchased this property that had significant damage.

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I think that's an important point.

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The second thing I'd like to point out is all of the new construction in the community has been single family.

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My understanding is the range of that value is around $650,000 to $850,000 for around a 3,000-square-foot home.

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I find it hard to believe that hardship could be met with those types of numbers, but especially with the purchase price that I saw for the property at $327,000, which is public record.

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I think that we're trying to build a community of single-family.

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It brings the different people in.

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We want children.

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all of the older properties that Alan mentioned to the right are older properties of people that

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are renting without families. It's not the community that we're looking for. We appreciate

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the way it's zoned currently. And that's one of those objections. The reason I was not personally

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present at the neighbor community, neighbor voting was because I received the flyer the night before

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outside my property. It was not actually delivered to my property days beforehand. I just happened to

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find it. And I couldn't make arrangements to get there in time. Luckily, my neighbors at Galloway

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I had been communicating with who were also on this call, who I believe support the opposition

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that will also want to speak. I don't want to address the parking matter. That doesn't affect

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333 Green Street. But I hope I've made an articulate argument for why the hardship does not

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meet in my opinion. So you're not in favor of this project? I am not in favor of this project.

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So you're not in favor of this project?

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I am not in favor of this project.

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Alan, do you have any questions?

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No, I do have comment.

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Again, we don't control Alan.

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Alan, why don't we wait to see how many other people are there, okay?

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Because he says there's other people, okay?

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Thank you, Sharp.

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Other hands in the virtual audience?

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Yes, next will be Micah Gold, Markel.

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Okay.

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hi could you please state your name and spell for the stenographer yes micah gold markel

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m-i-c-a-h last name g-o-l-d hyphen m-a-r-k-e-l you swear or affirm to tell the truth the whole

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truth nothing but the truth i affirm are you a neighbor yes i am uh i am the owner of 608

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north galloway street unit d almost directly behind uh the property of question are you in

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favor of this project or against i am against is there anything you could add that hasn't been said

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yes uh i would like to comment on a few things um that mr knockamson said um that i believe to be

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not factual statements uh the first uh is that he said a few families showed up uh maybe three

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to the meeting. That is just not accurate. There were a minimum of six families that objected to

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this. Those are the ones I know personally. There were probably more. I do not believe

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that Mr. Nackamson himself was actually present. I think I did. Mike, I think he was clear about

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that, that he wasn't there. Okay. And then how the board debates, I was also present for how

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the board debated this it was not as stated all about the parking behind it

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was a robust debate regarding density in the neighborhood and I think it's

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important to raise the fact that there is significant density already in the

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