civus
Hearing video

ZBA Hearing - October 19, 2021

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

Absolutely.

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The city has first a section that's called intent.

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That's good, thank you.

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intent that says the open space and natural resources standards of this section are intended

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to promote safe and compatible development throughout the city of Philadelphia that avoids

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adverse impacts and degradation of the environment through, among other things, protection of steep

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slopes. And to jump to the zoning code has a map that shows where the steep slopes are

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in the city. And in this sub map number one, I highlighted in green approximately where

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this property is and then of course the prohibition itself is in subsection b where it's where it says

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in point one that you can impact steep slopes that are not of a steep grade but in subsection

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point two it says on those portions of the lot where the slope of land is 25 percent or greater

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no site clearing or earth moving activity is permitted so that's the prohibition at issue

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and that's why the applicant is seeking the variance that it is here is a page from the

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open maps of philadelphia which shows the very quickly i'm not going to object again i'm i'm

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willing to stipulate as to all of this mr bonnie i'm presenting my case to do an opening paul paul

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please let's hear Mr. Whalen. Mr. Bonney already had the opportunity to do an opening. I already

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had the opportunity to present my whole case. This is already in the record. He can put all

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of these documents in. The board can certainly look at them. I will stipulate to all public

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records. This hearing was continued to today for only one hour solely for the basis for Mr. Bonney

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to present his witnesses because that's where we were in the stage of the case and then for the

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community at large planning commission and councilmen to put their positions on the record

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so again i'm not objecting i'm just happy to move this along i understood okay could you

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not stipulate paul what's the objection to stipulating well i don't want to present my case

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by email i want to present my case by zoom i'm presenting my case i'm trying to persuade the

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board. I'm walking them through the documents in the quickest way possible. And I'd like to

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continue. This is our... Excuse me, Mr. Bonney. I think that what we were expecting as far as the

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documents is that you would simply read a list identifying each document and the board would

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recognize that they had been accepted into the record. Not any real level of detail going line

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by line. Thank you. Well, I'm happy to meet you halfway and go as quickly as I can.

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Well, I'm happy to meet you halfway and go as quickly as I can, but this is the presentation

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of our case.

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Do you know what?

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We do have one hour.

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I understand.

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Did we not have this presentation in the past?

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Are you providing us with any information today that we already have not seen?

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I am.

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Well, could you zero in on those issues that you have not yet presented?

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I will.

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So this is the city plan, the city plan, city comprehensive plan that has a section and I'll just, I won't read all of it, but I'll say that right here in the middle, that deforested development, this is all about land suitability and the protection of steep slopes.

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And so the objective is to protect steep slopes from development. I'll continue.

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This is the Lower Northwest District Plan, which is obviously irrelevant to this case.

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And it, too, speaks of prohibiting earth moving where this slope exceeds 25%.

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I am also showing you a map of the Lower Northwest District that shows in rust color, it's this dark orange rust color, all the areas in the Lower Northwest District that have steep slopes.

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So as you can see, it's quite pervasive in this district.

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And it's not something, you know, so I'll continue.

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Just to be clear, Mr. Bonney, the 2035 plan was already presented in full and accepted by the board as an exhibit.

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So you don't need to walk through anything that the board already has before it.

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Thank you, Your Honor.

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um i'd now like to go through um a document a new document from the um

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from the city of philadelphia called the tree canopy assessment report and um this talks about

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the benefits of trees i will keep going this talks about here on the upper right that a lot

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the tree removal is the clearing of large patches for new construction. I won't read

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everything I was going to read because I'm sure the board will read this when it reviews these

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documents and of course the recommendation is to preserve the tree canopy and the analysis

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of this particular zip code is that there's three percent loss a relative loss in tree

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canopy over the past 10 years in this particular zip code. I would now like to call Ms. Kishenshand

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as the witness, and I'm showing her resume on the screen, and I'm going to talk about her

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qualifications, and then I'll give Mr. Whalen the opportunity to cross-examine on qualifications.

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Excuse me, Mr. Bonney, the board has her qualifications in front of them in the resume.

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could you just briefly describe what you are intending to have her what you expect her to

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testify to okay uh well i expect her to testify the of the benefits of these forested steep slopes

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that supports this urban forest and she's going to talk about the benefits um to nature the

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benefits to human beings um and that's what she's going to talk about sort of the benefits of trees

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to nature and human beings and wildlife and sort of generally speaking and also that the

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um tree canopy in east falls has been decreasing east falls in particular has been decreasing over

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the years that is what she's going to testify to she's not going to talk about you know e equals

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mc squared or any sort of um high degree of scientific analysis she's talking about things

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that she's learned and uh advocated for and taught other people about um over her over her 25 year

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history of being involved with um preservation and um increasing the tree canopy in the city

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of Philadelphia. She's participated on a city committee right here, the second bullet under

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a civic position, I'm sorry, towards the bottom of the page. She's been on the steering committee

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for a Philadelphia Parks and Rec effort. We're looking at that and we'll accept that.

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uh effort but we're we're looking at that and we'll accept that um so if we can get

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miss uh kishenhan i'm pronouncing that right i swear her in and begin with her testimony

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so so chair if i may just very quickly obviously i'll just i think now's the appropriate time i'll

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reassert my uh objection that the board already heard to miss kiss and chance i think you can

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limit her testimony as you need uh simply again i'm willing to stipulate to uh whatever the the

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tree canopy plan or show proposal that Mr. Bonnie just presented it appears to be a

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civically created document or a city document that's fine I'm happy to stipulate that trees

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have been lost or taken down throughout East Falls in the city along with additional development

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but I don't see how any of that is relevant to this project and this particular property where

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there's already been significant testimony that the only trees on the property are overgrowth

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and that actually the trees at which the community is concerned is old growth trees that are actually

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behind our property we do not we are not the entirety of that greenery that the board was

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just shown in fact we're only the frontage along Merrick and Ridge which was previously completely

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cleared by PHA, had three towers, and since being demolished by PHA has simply been left to go

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fallow. So those are not old growth trees nor any specimen trees and we will be planting as

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testified, I don't have the number in front of me, 15 to 20 street trees. So with that I'm happy to

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stipulate to whatever it is Mr. Bonney wants us to agree to as to trees being important and necessary

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and should be kept at all costs, we will be doing so.

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And Ms. Kissinchen can testify to whatever harm she sees at this property,

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but not generally in the city.

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Mr. Chair, I'd ask you to instruct Mr. Whelan to cease interruptions.

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Well, you have the right to object, don't you?

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That was a little more than an objection, I think.

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Well, a little, but you will admit that you at times go a little bit more

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than your objections as well.

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So let's get back on track.

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Thank you.

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Ms. Kusinchant, can you raise your hand please

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and be recognized?

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Just hit the raise hand button.

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And will your witness be just testifying specific

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to this project?

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Because I think what we're looking at does talk about

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her 25 years of experience.

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Both, both, both, both, yes.

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Both what?

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Both what?

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The value of trees and the value of trees, these particular trees.

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Yes.

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Well, I think Mr. Whelan agreed that there is a value to trees.

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Well, let's hear it.

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Look, Mr. Chairman, this is an environmental case.

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Mr. Whelan has belittled the environmental value of what is on the property.

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We have an opportunity to describe it in our way.

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he's he's he's belittled it the first time by himself he's not an expert I'm not sure I saw

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his resume can we can we hear gets the witness yes Ms. Gishenshin do you have a I'm waiting for

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her to be recognized I'm not sure is she here yet may she raise her hand Cynthia can you raise your

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hand on the press the button uh ms sunkett can you help her tell her where it is yeah i said

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she's available to speak she just had to unmute herself can you unmute yourself cynthia

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i raised my hand okay can we okay now you're in please spell your full name and i'll swear you

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in ma'am cynthia c-y-n-t-h-i-a kishin chand k-i-s-h-i-n-c-h-a-n-d do you swear or affirm to

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tell the truth the whole truth nothing but the truth i do thank you mr bonnie okay miss kissin

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chand if you want us to see her face you have to undo your video or turn on your video um it's up

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to you but uh we'd like to hear her testimony she doesn't have video control so just audio

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thank you it's not necessary miss okay okay please explain the value of these steep slopes

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and the habitat they support and why they should be protected uh steep slopes are part of nature

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They have been there for a few decades. The area has always been sloped, generally,

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Generally, though I can't speak to any past specific alteration, they now support a wonderful ecosystem.

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though I can't speak to any past specific alternatives.

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I was there yesterday.

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Of course, the slopes in the trees handle stormwater, and I think everyone can agree with that.

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This is a beautiful natural forest.

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It's not purposely planted or curated, but it is natural.

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There is value in that.

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It has been around for at least 20 years.

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Their trees are quite large, and some of them are very tall.

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I think some of them are more than 60 feet.

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I walked it just yesterday, and I observed impressive elm, maple, hackberry, and katsura.

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What was that last word, please?

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Katsura. K-A-T-S-U-R-A.

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And that's a type of tree?

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Yes.

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Okay, and hackberry was the one before that?

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Yes.

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H-A-C-K-B-E-R-R-Y?

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Correct.

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Okay, and of course we all know elm and maple. How do these forested steep slopes benefit the environment?

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Well, I mentioned stormwater. There is also habitat. This forest is habitat for deer, groundhogs, squirrels, rabbits, and chipmunks.

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It also is habitat for a wide variety of birds.

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How many years have you lived in this neighborhood?

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50 years.

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I'm sorry, five zero?

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Five zero.

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Thank you. Continue.

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And the trees also have a cooling effect on the environment.

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That is important to combat climate change, something I think we are all aware of right now.

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How do these forested steep slopes benefit humans?

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Well again, first and foremost, they help clean the air. Clean air is vital for all of us.

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This is especially important in an area like Ridge Avenue that has so much traffic, and that will have so much new traffic from all new development.

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All those cars will be generating more pollution in the neighborhood.

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Trees are also stress relievers.

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Studies show that simply looking at trees can lower someone's blood pressure.

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Finally, I want to mention the inherent value of nature.

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It is something we should preserve.

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It's just not me saying that. That's what the city of Philadelphia says, or Ben Franklin with his green country town goals.

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And it's not just the tree canopy assessment report, but also it is in the zoning code as explained a few minutes ago.

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Is the tree canopy in East Falls in particular increasing or decreasing?

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As you mentioned in that report, over that 10-year period, by the way, the report was published in December 2019.

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The relative decrease was 3% over the past 10 years.

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And this is despite the efforts of East Falls tree tenders of planting hundreds of trees during that period.

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So even with our planting trees, there has been a decrease in the tree canopy.

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okay that that was going to be my last question that that the tree tenders you've been planting

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numerous trees every year in east falls isn't that true yes we've done as of this year we've

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done about 1400 trees on 47 streets plus at local schools but you're saying that even more trees are

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lost and so that there's been a net negative right we're not able to keep up with the loss

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i have no further questions for this witness i want to thank you

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thank you ma'am miss uh mr whalen yes thank you board i will be extremely brief um miss

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kiss and chant and i hope i'm saying that last name correctly you are uh thank you um do you

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mind putting your address on the record please oh of course not it's 31 14 west coulter street

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Right. And is that about a mile away from the property?

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That's about right. Yes.

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Okay. Thank you. Now, Ms. Kissen-Chand, are you aware that the steep slopes existing on the property were man-made by PHA?

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I have heard that said. Yes.

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Okay. But you don't have any personal knowledge about that?

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No. May I ask you a question? And so what year did they have established them?

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unfortunately that's not how this works but uh miss kiss and chander are you aware of any

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stormwater management uh facilities currently on the property no okay um and miss kiss and chand

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i believe you you mentioned four different types of trees and i will admit i didn't even know two

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of those were names of trees on the property is that correct yes did you walk the property yes

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Did you walk the property?

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Yes.

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and how many of

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And how many of these types of specimen trees did you identify?

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I couldn't count them all because it would be rather treacherous if I had really walked over every area there that had trees.

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So I'm unable to do that, but it was just crowded with trees and shrubs.

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okay now uh miss kiss and chant have you reviewed the proposed project plans yes and uh did you

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review the street trees that will be planted at the project yes and did you count how many street

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