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Hearing video

ZBA Hearing - October 19, 2021

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

the lower band of steep slope where you're actually flattening out you know you're altering

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and you're flattening out, almost removing two thirds of the lower band of steep slope. Is that

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correct? That's right. Now, you've been very hopeful in that you put the rear of the Penrose

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building, the 50 unit senior housing building, the rear of that building in the bottom left,

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and I photograph, and I think what you're showing, correct me if I'm wrong, that that parking lot

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is filled in is fill that slopes right up to the second floor of this building is that correct

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yeah that's right okay so that's what you're showing here that um in orange that instead of

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using a bridge which may or may not require a variance whether it's a smidgen or not you're

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really just flattening out this whole area so that everyone in this parking area can waltz

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walk or waltz right into the building as if they're doing it here in the Penrose. Is that correct?

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here in the Penrose. Is that correct? That's right. Okay, and everything else is pretty much the same,

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That's right. Okay and everything else is pretty much

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but you're getting one-for-one parking here, even though the code requires less. Is that correct?

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Yes. Finally, you're showing on the bottom right. What are you showing on the bottom right?

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These are some other TAPCO projects, three, that were pulled out of their portfolio from their

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website uh that that looked like they would be um uh appropriate uh to this location uh with

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balconies um and uh a smaller scale um you know we're overlooking the river here we're overlooking

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trees uh next to kelly drive um so you know this kind of prototype which atabco familiar

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would be applicable to this situation also.

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Mr. Bonney, with all due respect,

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how many more exhibits of ideas and possible...

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This is it.

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This is it.

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This is it.

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This is it.

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We have this rendering that chose option four,

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and that's it.

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Did you prepare a conceptual rendering of your option four?

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Yes.

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okay are you looking at it now we are okay uh how was just how did you get to this rendering

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well um well we we built a three-dimensional model based on the topography um on the um

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zoning zoning plan submitted by the tapco uh sheet one of one uh you can't really see it um

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But the side itself here underneath the buildings is accurately sloped.

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And I can attest to that.

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Okay.

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So you have first floor retail here on the corner?

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That's right.

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You've also put in a bunch of other features that I think were discussed at the CDR.

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um for instance materials and the height and um chairman i'm going to going to object to

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the further continuation of this it's been asked and answered we we have all of this testimony we

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know that there are other options none of these options have been reviewed by l and i they're all

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entirely hypothetical we're not talking about the project itself at all at this point sustained and

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Mr. Bonney, I think you've made your point.

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Okay, thank you.

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I want to continue.

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What are we continuing with?

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The rest of the testimony for this witness.

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I'm going to switch gears.

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Could you generate additional options, Mr. Langer?

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Yes.

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Definitely more options in terms of the way the building looks.

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We will stipulate that there are numerous other options that could be developed on this site.

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Okay, how about, okay, thank you.

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How about cost feasibility as to whether these types of things are feasible?

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Wouldn't that depend on the size and scope of the project?

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Well, I wanted to ask the witness, but if you...

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It could be less, it could be more.

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I mean, depending on which project you decided to develop.

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Well, look, you know, and this is residential construction of three, four, or five stories.

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It's a cheaper construction prototype than one that builds on steep slope that's eight, nine stories tall with elevated decks of parking.

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understood there are again it goes back to there are other options and we will stipulate to that

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council for the applicant has even stipulated to that okay i want to move on to the last part of

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the last category i want to

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show that in the lower northwest plan they have a section called planning recommendations

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and in that planning recommendations section first they talk about this area which is more

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the Wissahickon area and then on the next page they have a very particular section here that

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has what I call a red lasso the the property that we're talking about is this is that the

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The Planning Commission is showing in this diagram a sort of long, narrow building in yellow, and it says up to 250 multifamily houses.

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yellow and it says up to 250 multi-family housing units possible near the falls bridge

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and uh this is ridge avenue and the planning commission is saying there's up to 250

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multiple multi-family housing units possible right they're also showing uh in mr bonnie i'm

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going to object are you asking a question or are you trying to testify here i'm like a closing

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argument isn't i mean you've been making what sounds like to me like a closing argument

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that there are options and all i was told that i was able to present these um documents lightning

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fast and i'm almost done okay and it says it says here on page 24 that the major recommendation

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is perfect is maintain low density development in these falls and finally um that is what

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is being discussed relative to the change to CMX3. That is the plan. Now I'm going to go back to

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Mr. Langer, and I'm going to show him the comparison chart. First, I'm going to focus

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on the bottom part of the chart of this diagram. Was this document generated by a member of your

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committee under your supervision um yes okay this is what we just looked at the red look this image

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is from the lower northwest plan and it shows the 250 possible units being recommended for this area

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in the lasso and just to go through your calculations here um there are already 337

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units constructed or approved in that red area looking from the bottom up these these annotations

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on the right hand side were prepared by you and your colleague on the committee the how project

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is 136 units the falls bridge 46 units grasso which just had a which is in the ground um and

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currently in under development 142 units and that is the that is the 337 if you would add in the

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atapco project that's before us today which would be 185 units you would be at 522 units more than

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twice the density recommended by the city plan that is my did i did i did i go over that correctly

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That's right.

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And also I'd add that the 4442 Ridge is also well under construction.

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Okay.

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Thank you.

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Which is the 136 units.

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Right.

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Okay.

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At the top of the page here, this is really just to respond to the applicants' questioning

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of our witnesses about that we're in support of the HAL project and we were in support

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of the Grasso project.

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Am I reading this correctly by your tabulations that the ATAPCO project is taller, significantly taller than those other two projects?

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The ATAPCO project is more density in terms of number of units and also in terms of number of beds when you add up the one bedrooms, two bedrooms, etc.

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Yes.

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Okay. Finally, I want to ask you something about the section of the zoning code for variances.

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And isn't it correct that under the section for variances, about what you need to get a variance,

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there is a special section for steep slope variances.

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And under this section for steep slope variances, it says where any earth disturbance were to occur on a steep slope of 25% or greater, the zoning board shall approve a variance only if the applicant demonstrates that the application meets the following criteria as certified by a professional engineer.

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and that point one point a says that any requested variance for the property will not result in an

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increase in stormwater runoff i'd like to ask you mr langer have you you've reviewed the materials

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submitted to this board by the applicant has the applicant made a showing by a professional

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professional engineer um that this project in other words that this variance that this project

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will not result in an increase in stormwater runoff have you seen that i'm going to object

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now because mr bonnie's own question certifies that mr langer is not appropriate witness to

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witness to testify to that. Mr. Bonnie's question said, an opinion of a professional engineer,

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testify to that mr bonnie's question said an opinion of a

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this is not the scope, stormwater management is not the scope of a work of an architect,

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you know, expert documents have already been presented, they've already been stamped and

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approved by the planning commission for stormwater management and this project.

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And so, you know, the earth moving plan and everything that Mr. Bonnie is pointing at has

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already been presented to this board. And Mr. Langer has no ability to make an opinion as to

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that. Yes, he does. Mr. Langer, I have a question, Mr. Langer, going back to some of the hypotheticals

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that you and Mr. Blani spoke to. Would any of those hypothetical projects add an increase to

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the stormwater runoff? No. No? No. I mean, you know, what you've seen there are conceptual

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proposals, and obviously it would need to be further developed beyond the scope of a zoning

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hearing, beyond the scope of a community proposal with engineers appropriately to take it to that

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level, but the goal would be absolutely no increase in stormwater runoff, complete filtration

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on the site, pervious surfaces wherever possible, underground retention basins, and if it were

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me, I would say we would exceed the code and average maximum rainfall per hour, 4.5 inches.

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we wouldn't know any of that until you really drill down on the plane

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right well what other work would you need would an engineer need you've worked with engineers

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doing stormwater plans is that correct right yes absolutely but that's a process that takes

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place over many weeks and a lot of meetings with a lot of calculations you need to do a technical

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survey. I understand that, sir. I understand that. I just was curious that it's possible

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that those hypotheticals might not be able to be developed because they may adversely affect

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the stormwater runoff and other items that we're looking at on this slide that is up now.

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We just don't know. Well, I don't think that's his testament. I think he said

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absolutely i think he said yes or absolutely but you'd have to do the work

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right got to do the work yeah yeah and all right and has that i don't want to belabor that but i'm

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just you threw a lot of hypotheticals in there i'm just curious absolutely but but but my final

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question is that has that work has that homework has those calculations of those measurements

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It's been submitted to the board by the applicant in this case, Mr. Langer.

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I don't know if I've seen those in the exhibits or in the final zoning application.

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Okay, thank you.

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All right.

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Mr. Bonney, are you complete with your witness?

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Yes, I am.

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No other witnesses from your side?

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Yes.

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chairman i have we're up to five minutes to 12 which is way past the hour on one side yes mr

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whalen uh i i just wanted to state that i do have unfortunately some extensive questioning

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for mr langer on cross as uh yeah that was i hate to say inappropriate on a number

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number of accounts but also factually incorrect on many

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Mr. Bonney, are you still sharing your screen?

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Someone is scratching their microphone or something.

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Try that again, Mr. Whelan.

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I'm sorry, Mr. Bonney, I was asking if you are still sharing your screen.

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I stopped.

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Maybe it'll take a second, but I stopped.

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Okay.

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Does the court reporter need a break?

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uh chair i'm okay to continue if you are okay we'll proceed okay um i don't know if anyone

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else has but i have completely lost zoom on my screen and i can hear you but i can't see anything

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we can see i can see you uh but nothing else other than you and paul and the names of the

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folks that are uh pauline so mr what mr wellin mr wellin if you could um maybe go out and come

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maybe go out and come back and we will pause accordingly so why don't we do this let's take

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back in we will pause accordingly so why don't we do this

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five minutes let's take a break all right let's do that let's take five minutes and get that straight

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now thank you mr whalen this is calling from it um i can also see you so i'm wondering if your um

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zoom is just minimized and you can see like the website but not the zoom application so if you

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scroll along the bottom does any of it there you go i i brought it back up it was actually um

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it had actually closed i just okay

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Mr. Whalen.

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Yes, Ms. Sunke.

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I think we have where you are maybe shuffling papers or something, and it affects the audio.

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We can hear it, and it's a little disturbing in your mic.

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Okay.

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I will attempt to not see that.

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Okay.

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Just be conscious of that.

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Thank you.

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Thank you, Ms. Whalen.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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You

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Thank you.

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Thank you.

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are we ready uh are we back online is the court reporter available first john

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i am chair thank you thank you and tanya and pauline are we ready to go

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yes chair we can continue yes mr wellin yes thank you chairman um and i understand the

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timing issue here for today and that we have to finish so i will be as brief as possible

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um is mr langer still on

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mr langer please unmute yourself

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how's that perfect thank you very good i can hear you now mr langer

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okay mr langer um i'm not going to try to be curt but i'm going to try to get to the point because

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we have some time constraints today um mr bonnie began your testimony by asking you about

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looked like six, seven, eight different projects that also involved potentially steep slopes in

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the East Falls area. Is that correct? I'm not sure what you're referring to. Are you saying

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existing buildings? He showed you a number of site photos. The last one stopped on yarn factory

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