civus
Hearing video

ZBA Hearing - October 19, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 19, 20216h 56m

excuse me chair this is sharon we received an email from andrew goodman this morning

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saying that the councilwoman defers to the rco on this matter thank you

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MI 2021-001314, 3841 Wallace Street. MI 2021-001315, 3839 Wallace Street.

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MI 2021-001259. 3845 Wallace Street. That's 3845 Wallace Street. MI 2021-001317. 3837 Wallace

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Wallace Street and MI 2021-001260, 3843 Wallace Street, my vote is yes to all five.

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Carol Tenere, my vote is yes to all five. Professor Plaza, my vote is yes to all.

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Jane Snell, my vote is yes to all five. Thomas Holliman, my vote is yes to all five.

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I don't think there's an open mic. I'm getting some feedback.

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That's Tom, Chair.

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Oh, okay. All right. We're good now.

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Now we'll go to the add-on list.

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MI2020-001120, 348 Green Lane.

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Michael Malloy, representing the applicant.

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Corin Wise for the RCO. This is a resumption hearing originally heard on August the 3rd of 2021.

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Due to time constraints we had to cut off some of the remaining witnesses. So Sharon is the record

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closed we're not taking testimony or are we? Oh no you are taking testimony. There were eight

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people still to testify including Celeste Hardister and John Carpenter. Okay I just want to make sure

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my notes were correct. Thank you. So Roxborough Civic Association sent a letter of opposition.

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Mr. Wise, Mr. Malloy, I think we were at that point where we were getting testimony

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from witnesses correct me if I'm wrong and again as I said there was a time constraint so we had

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to cut off there were eight witnesses remaining at that time I assume that goes to you Mr. Wise

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that's correct your honor I think yeah before you begin just spell your full name and I'll swear

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Thank you. Corrin Wise, C-O-R-E-N-W-I-S-E, 100 North 18th Street, Suite 300, Philadelphia, PA-19103.

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

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I do.

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Thank you. So do you have witnesses that you're calling up?

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Yeah, I do. I am here on behalf of the Registered Community Organization, Central Roxborough.

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Civic Association, as well as concerned neighbors.

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At last check yesterday, eight neighbors

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had indicated they wanted to appear and give testimony

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and be heard.

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I'll ask them to raise their hand.

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Mr. John Hunter should be with us,

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and Celeste Hardister from the Zoning Committee.

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um they don't know ever the name of every everyone else that's on the call uh i know we noted on the

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record uh at the last meeting in august there were also eight neighbors with their hands raised

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when we had to uh break i would ask those witnesses um when you testify uh if you can

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be of assistance to us and not repeat what the prior witness is testifying to.

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We'd rather not have repetition if possible.

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and and mr chair if it's helpful maybe i can just um kind of set the scene a little bit

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And Mr. Chair, if it's helpful, maybe I can just kind of set the scene a little bit.

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mr mulloy's application is uh on this this uh this property um on green lane 348 green

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that is fronting on actual three streets green man young and dupont it's a centerpiece in this

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neighborhood uh its base zoning is rsd residential single family detached which calls for detached

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single-family freestanding homes it is on a approximately 14 000 square foot lot very large

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lot and the house sits uh in the front on green and the application uh that was heard in august

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from the small way and his client is for the the portion fronting on dupont the corner of dupont

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and manny young avenue um to construct two semi-detached what we call a twin so two homes

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attached with one wall between them

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where the base zoning calls for a single detached home

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and with us our neighbors that are near neighbors

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and representatives of the zoning committee

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in Central Roxborough.

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so that's are you are you ready to go i am yes before i begin uh mr malloy let's swear you in

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just in case you have uh the raise objections or anything so please spell your full name and i'll

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swear you in. Sure. Thank you very much, Mr. Chairman. It's Michael, M-I-C-H-A-E-L, Malloy,

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M-A-L-L-O-Y, that's 1500 Market Street, Suite 3400, Philadelphia PA, 19102. Thank you.

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

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I do. Thank you. So we can proceed now with the first witness, Mr. Wise.

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Yes, thank you. Celeste, state your name, tell us your capacity while you're here, and tell us your

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what comments you want to put on the record regarding this application.

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Good morning, thank you. I'm Celeste Hardester, C-E-L-E-S-T-E, Hardester, H-A-R-D-E-S-T-E-R.

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I'm the president of the Central Roxborough Civic Association.

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I am also a neighbor of 348 Green Lane.

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

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I do.

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Thank you.

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Please proceed.

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Thank you.

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At the August hearing, there were about 20 community members, mostly neighbors, attending,

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and I believe they're close to that number here this morning as well.

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This house sits at one of the most prominent intersections in Roxborough, contributing significantly to the character of the community.

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With the help of the community, the entire parcel, including perimeter walls, was designated by the Philadelphia Starock Commission in 2018.

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There was no objection from the current owner, which the neighbors greatly appreciated.

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today's hearing is our 12th meeting regarding this property the overall perspective of the

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community is to oppose this variance at the crca rco meeting on july 8th the vote was 44

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to 4 in opposition some people oppose it because they feel two houses is an overreach in scale

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mass and height. It is certainly not a least variance. Many people, perhaps most, oppose it

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because they feel no house should be built at all. They want the yard in the back to remain

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open green space and the fantastic old stone walls to be left intact, as was intended with

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the historic designation. Many city people are drawn to moving to Roxborough because we have

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trees we have yards but as one of the hottest development markets in the city green space is

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under more and more pressure zoning code supports this pressure in many circumstances and so as a

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community we try to negotiate the best outcomes we can with diminishing returns of green space

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developing this property is not supported by the zoning code no house can be built here without a

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variance. There is not a hardship here. The property has five good rentals. It is a handsome

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house on an important corner. We would like the owner to view his role as a steward of a meaningful

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property that can be preserved as is into the future instead of having his name attached to

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attached to a property to which he did harm. That would become what he is known for.

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a property to which he did harm. That would become

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them.

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We understand he is a developer and so his inclination is to build and that this is why

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he bought this property. We encourage him to think about it differently. He would make great

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strides with the community if he did. Thank you. Thank you. Next witness.

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chair we have john carpenter john carpenter i'm sorry john good morning mr carpenter spell

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your full name and i'll swear you in good morning this is john carpenter my name is

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spelled john j-o-h-n-c-a-r-p-e-n-t-e-r we're affirmed to tell the truth the whole truth nothing

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but the truth yes i do thank you sir mr tachiko and members of the board thank you for the

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opportunity to speak with you today i'm a member of the crca zoning committee and a trustee of the

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manny yonk neighborhood council but most importantly for this case i live across green lane from this

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important property and i'm here today to oppose the subdivision of the property and the development

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of new homes on the resulting small parcels for the following reasons the site has been occupied

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by one outstanding structure for more than 140 years it is one of the most prominent structures

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on this major gateway to Roxborough, visible from all directions. It is sited on a large lot,

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as are the adjoining homes on this block on both sides. There are four additional homes located on

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this block directly across Green Lane from this property, one of them is mine, that are also

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located on larger-than-usual parcels, reflecting the prominence of these structures in the

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neighborhood at the time that they were built. On this block, these large homes and large lots

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are the rule, not the exception. It is my understanding that the applicant cannot build

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anything by right on this site, as the existing structure is sited in such a way that an RSD3

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compliant subdivision is impossible without significant variances. The site is already

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more densely occupied than the zoning would normally allow due to long-standing variances

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for the five units located inside the apartment. It should not become even more dense as a

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result of this proposal. The applicant has pointed out nearby properties that are zoned for denser

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uses, but that is irrelevant. Roxborough has a very diverse housing style, and housing styles

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vary greatly from block to block. The structure in question is one of the very first to be built

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here, one of a small handful of gracious structures on this block of Green Lane that has become a

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landmark that should not be compromised just to suit the ambitions of this owner. There is no

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relevant hardship that requires variances to mitigate. The neighborhood sees the backyard

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of this property as a critical element of the existing building and grounds, a valuable green

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asset in the community, not a burden to be mitigated. This structure and the surrounding

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retaining wall are also recognized by the Philadelphia Historical Commission as an

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important historic property. The city and the surrounding neighbors have taken considerable

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trouble to protect this site and the structures on it. We also spent a great deal of time with

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applicant and his design team over the last two years. Over more than a dozen meetings with our

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zoning team and two long and angry community meetings, our skilled and thoughtful volunteers

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offered numerous suggestions to refine their proposal to fit our community's needs into

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their desired outcomes, but we could not find a mutually agreeable solution.

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Finally, I think it is important to point out the larger context of development in this neighborhood.

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In 2014, the zoning map for Roxborough was revised to allow greater density for development

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along Ridge Avenue and other major transportation corridors.

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At the same time, zoning was tightened in our residential areas to protect the quality

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of life in these already highly developed neighborhoods.

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In the following years, though, close to 2,000 new units of housing have been proposed or

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built here, mostly by Wright, along our major corridors and inside our residential neighborhoods.

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We are clearly not opposed to development.

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but it should be planned and cited in a thoughtful manner as was agreed in the comprehensive plan

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less than 10 years ago we wish we did not have to fight so hard to protect the historic homes

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and last little pieces of green space that surround them and we need the zba and the

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planning commission to help us protect the residential areas of our neighborhood from

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ever denser development that fundamentally changes our neighborhood's character and quality

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i'm opposed to this proposed development and ask that you reject this application thank you

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If we have someone else, oh go ahead, thank you in a second.

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Next chair we have Julia.

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Good morning, Julia, please spell your full name and I'll swear you in.

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there you go you're breaking up

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there you go you're breaking up

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can

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can you hear me now we can thank you terrific thank you um julia j-u-l-i-a

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heberley h-e-e as in boy e-r-l-e you swear or firm to tell the truth the whole truth nothing

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about the truth i do thank you ma'am please miss julia this is tanya i'm sorry the board

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administrator as you give your testimony could you stay right in that spot so we don't lose you

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yes is this a signal problem thank you very well thank you thank you so much

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literally for hearing me today I'm a home homeowner on Green Lane across the

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street from 348 Green Lane I strongly object to the proposed variances Henry

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Bailey presents himself as a caring neighbor with the interests of the

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neighborhood foremost in his planning Henry Bailey was a neighbor many years

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ago. He has since moved out to

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Narberth, but unfortunately for our

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neighborhood... Objection.

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Henry Bailey has nothing

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to do with the variances

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and the application, and I'm

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not going to listen to

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him.

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Thank you.

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May I speak to his projects, his prior projects?

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Objection.

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I think

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stick to this project would be the right

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way to go, ma'am.

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All right. Well,

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The neighbors, as well as the CRCA and subcommittees, have been very cooperative.

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I've been to many of those meetings and given Mr. Bailey and his colleagues lots of our time and effort, many times, each time being profoundly disappointed with his subsequent plans.

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He and his colleagues have not listened to the neighborhood.

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They have not been cooperative, and he is attempting to crowd our already crowded neighborhood for his own business gain.

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So I object strongly to the proposed variances.

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Thank you.

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Next witness.

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Next chair, we have Elizabeth.

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Morning, Ms. Fisher.

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Please spell your full name.

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I'll swear you in.

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E-L-I-Z-A-B-E-T-H-F-I-S-C-H-E-R.

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Please swear, affirm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you.

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Please proceed.

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My testimony is regarding the parking that would be impacted by this project.

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Currently along Maniunk Avenue, there is a flat level area along the side of this proposed

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development.

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Many of the neighbors park there because there is very little off-street parking already

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in the neighborhood, and with the proposed curb cut there, I believe that there will

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a negative effect on parking because that will take away parking spaces. The addition of the

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garages in the proposal for the houses, I really don't think it's going to be used for parking in

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my experience because there are not basements in these houses. They are going to be used for storage

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and parking is already very difficult in the neighborhood and I am concerned about the curb

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cut and that the garages

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will not actually be used for parking.

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Excuse me,

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