civus
Hearing video

ZBA Hearing - November 10, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 10, 20205h 26m

it without having a parking spot attached to the house or in front of the house and when you

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testify that units will be unmarkable without a parking spot you're aware that alternative plant

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two has two surface parking spaces that can be assigned to any unit correct yes but there's not

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enough parking for the rest of those units most people have two cars when they're moving into a

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place and you'll agree with me that a lesser variation from um this current plan would be

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simply adding two or three more surface parking spots and keeping all the other green area right

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no okay i have no further questions

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that was it right mr demarco uh yes but i would love the opportunity to address the board but

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whatever the board needs yeah any questions from the board no no anyone else would like to testify

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No.

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Anyone else would like to testify in this case?

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in this case

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If so, please raise your hand.

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No hand.

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The Protestants would like to quickly present the testimony of Mr. Richard Giordano.

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Pass. No hands are up.

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Any hands up?

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No hands.

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Mr. Giordano, he was.

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Planning Commission.

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Good afternoon.

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I'm here.

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I'm here.

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I am here.

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Took me a minute.

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All right, Mr. Giordano, please identify yourselves by your name for the record.

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Richard, R-I-C-H-A-R-D, Giordano, G-I-O-R-D-A-N-O.

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I'm the president of Upper Roxborough Civic Association.

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We're in a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed, Mr. Toner.

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Mr. Girdenow, as president of the Upper Roxborough Civic Association, this is an unpaid position, correct?

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It is.

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And you have no financial interest in this development or any other developments that take place in that community, correct?

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I do not.

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And the testimony from the listing agent and from Mr. Brannigan about the unmarketability of these units,

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Can you tell me about the existence of single-family homes without dedicated off-street parking in this community?

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There's certainly...

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Excuse me for interrupting.

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Mr. Turner, I think it's been established a few times today, if not before, that there are no...

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We'll all agree.

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We'll stipulate that there are other homes in this community that do not have off-street parking.

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Okay.

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I don't want to cut you short, but I mean, we already know that.

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And Mr. Giordano, he just permitted to testify that these homes are sold and used in a normal manner as with any other real estate in the community.

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I certainly know that we have had homes sold in that fashion, yes.

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I'm done with this with this.

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Thank you.

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I'll try to be as quick as possible, if you don't mind.

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I'm going to ask the question.

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Mr. Giordano, if you can't answer this, it's fine.

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Are you aware of any other homes that have been developed in that community that are 100 yards away, the walkways are 100 yards away from the access onto the street from the front of their homes?

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Nothing comes to mind immediately, Mr. Chairman. I don't know that there could be, but nothing comes to mind immediately.

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Okay, thank you. Mr. DeMarco, please.

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I understand. I'll make it quick. Mr. Giordano, you were present at the RCO meeting.

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that occurred for this project, weren't you?

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The several RCO meetings that occurred, yes.

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And your residents demanded, is it fair to say demanded

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that my client have greater than one-for-one parking

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to include overflow parking and visitor parking.

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Do you agree with that?

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I think there was a number of issues

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that were involved in potentially being traded off.

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Mr. Giugano, that's not my question.

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I know that, but the question doesn't really have a yes or no answer.

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Mr. Chairman, I object to any testimony or questions involving settlement negotiations and attempts to come to a reasonable resolution in this matter.

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I don't think that's where he was going, but let's finish it off, please.

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Yes. Mr. Chairman, I'll rephrase the question, Mirjano. The RCO meeting on this project that you chaired, do you recall that meeting that I was present for?

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i believe there was more than one all right i recall one in february of 2018

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didn't your residents i don't believe it was february 2018 it's probably probably 2017 i

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believe i'm not going to quibble with the date that's okay i just didn't didn't your residents

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demand that my client provide at least one for one parking in fact didn't many of them demand

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greater than one-for-one parking for these units?

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Again, I'm just going to go back to the nature of your question,

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which is that people were interested in the footprint of the development

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and parking as an ancillary question.

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All right, so your testimony is you don't remember a number of residents

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demand that my client provide greater than one-for-one parking for his units.

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Is that what you're saying?

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That's not my testimony.

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all right let's okay we'll move i i'll move on please move on all right we all finished guys

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that's fine i'm done all right no questions from the board no planning commission

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good afternoon board peter bernard for the planning commission

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Good afternoon Board, Peter Bernard for the Planning Commission.

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Thank you for asking for our comment.

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We have testified on the record last Tuesday and have no further comment.

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Thank you.

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Let that fire truck go by, ambulance rather.

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Okay, MI 2020-001458, 7519 Ridge Avenue.

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The record will be closed.

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the board will render a decision at its executive session on Wednesday the 18th. Is that correct,

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Sharon? Is it December 2nd? Oh, December. I'm sorry. December 2nd at 9 30 a.m. Thank you.

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The record's closed. We'll render a decision at our executive session on December the 2nd, 9.30 a.m.

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Thank you.

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Thank you for your patience, members of the board. I appreciate it.

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Before we go any further, I know we have Spring Garden Street, which traditionally has been taking up a lot of time.

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So I think we might need to take a break.

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The court stenographer, would you like to have a break now?

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Because after this next case, we will then go into the 4 o'clock case.

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okay yes i'm sorry so we'll take a 10 minute break okay all right thank you we'll be back

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here at it's 20 of 10 of

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we're good i'm ready chair okay uh for the benefit of anyone who's out in the audience

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we're going to read off the continuance list for the 330 cases. MI 2020-000232-2404 West

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East Lehigh Avenue, MI 2020-000121-4290 North Penn Street, MI 2020-000108-5000 North 12th

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Street, MI 2020-000196-5400 Grays Avenue, MI 2020-001129-6134 Carpenter Street.

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And I believe that is it.

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If anyone has any objection to those continuances.

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excuse me chair i think there may be one more um the last or number eight on your list

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6606 yes the applicant i believe is here and prepared to go forward however um craig meladosia

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may be requesting a continuance in order to hold another rco meeting could we see if either of them

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if either yeah both of them are here it's mr meladosian or the applicant for 6606 woodland

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avenue available if so please raise your hand and the applicant's name is i believe karen gleason

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uh so we have unmuted karen gleason yes i'm here this morning good good evening ma'am please

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identify yourself with a record. Spell your first and last name. Karen Gleason, G-L-E-A-S-O-N.

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And you are the owner? Yes. Are you swearing to tell the truth, the whole truth, nothing but the

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truth? Yes. I believe, are you aware that Mr. Melodosian was going to request a continuance?

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No, I'm not. Mr. Melodosian available?

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Yes, I'm going to unmute him, but Chair, if I could put on the record, this case has

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been on our books since September the 3rd, 2019.

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What is going on in Center City now?

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Helicopters all over the place.

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Mr. Melodosian?

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Yes.

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Please identify yourself for the record and I'll swear you in.

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Craig, C-R-A-I-G, Melidosian, M-E-L-I-D-O-S-I-A-N, Ward 40, Republican RCO, coordinator.

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Ward 40, Republican RCO, Coordinating RCO, P.O. Box 33355, Philadelphia PA, 19142.

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Thank you. Swear and affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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I don't know if you heard. The applicant is on the phone. She was not aware of a request for continuance.

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Could you speak to that, please?

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uh one we had a informal meeting with her on 12 16 2019 there was never a formal uh community

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meeting i'm not aware nor was i copied of a template one or two ever been sent out

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and i received a note from her on november the 4th which i was not aware of as i was in the

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convention center all day for the canvas so we've not had a community meeting as well as during the

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informal meeting one of the RCOs was in opposition of the conversion of the triple of the single

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family to a triple so I'd like to go through the process where there's a community meeting

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personally I'd like to see the building saved I believe it's currently vacant and it's probably

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antiquated as a single-family location on the commercial corridor, but I certainly would not

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like this to be an exercise on autocracy when I know that at least one other RCO was in opposition.

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And there are a total of six RCOs involved in this. Okay. Ms. Gleason, you heard Mr. Melodosian.

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I would suggest that we continue this. We'll try to give you a date as soon as possible,

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but you need to reach out and have a conversation with the RCO or RCOs in this case.

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Tanya, do we have a date?

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This would be in February.

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All right. Well, why don't we do this? We'll continue.

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February the 18th. I'm sorry. February the 17th at 3.30.

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Okay. MI 2020-000086-6606 Woodland Avenue is continued until February the 17th at 3.30 p.m.?

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Yes. And can we make this a must-be-heard?

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And a must-be-heard. Thank you.

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Thank you.

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Thank you very much.

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Any other objections to continuances that have been read into the records?

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we have hillary emerson hillary you can unmute yourself

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good afternoon you're still on the oath from this morning just please identify yourself

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sure hillary emerson on behalf of councilwoman sherelle parker um i'm here um i'm not sure

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exactly where it is on the list um but it's mi-2020-000-324-7180 north 20th street um i understand

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that um exhibits were were not submitted and um i i don't believe that the the community meeting has

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um been held i haven't i haven't heard anything from the applicant in the last i spoke with the

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RCO, they weren't aware of any communication from the applicants. So I think it's the first

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But I'm here and I, yes, I understand how much time you, because of the time you took in the

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last hearing. Oh, it worked. Okay. Yes. I understand I'm on the road.

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Mr. Boland, you want to get, I'll swear you in. Please. Ryan Boland, R-Y-A-N-B-O-L-A-N-D,

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1801 Market Street, Suite 2300, Philadelphia, Pennsylvania.

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You're swearing for him to tell the truth, the whole truth, nothing but the truth.

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I do. Please proceed, gentlemen. Oh, there you go. I was looking. Okay. Please identify yourself

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with the record. Good afternoon. Andrew Miller for the appellant.

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Miller, you're swearing to affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do. Hey, gentlemen, I don't remember where we left off. Who was the last one to

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I believe at the last hearing, we were either finished or at the very end of Ms. Woodcock's

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testimony on direct. At the last hearing, Mr. DeMarco said that he would be brief.

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And we understood that we would reach a vote at the next hearing. That would be today,

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the fourth hearing in this matter. On Thursday and then again on Friday, Mr. DeMarco added new

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witnesses and new exhibits to this matter. We don't object to those new witnesses nor exhibits,

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but we do ask the board to please reach a vote today.

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Understood. So I would say this. Make every effort to hear and vote today.

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Yeah, I would say this. I added one witness, actually. I did mention other witnesses, but there's only one additional witness. But look, the applicant took a long time to go through his case. There was a lot of cross-examination by Mr. Miller. We're not saying we have to have equal 50-50% time, but we should be given the time to present our case.

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But what I'll do is, I believe there was a tiny bit of direct testimony left for Janice Woodcock, but I'll let Mr. Miller begin his cross-examination of Janice Woodcock, and I will just redirect as necessary.

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Thank you. Mr. Miller? Thank you. Do we have the witness?

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Yeah, you have to... Janice.

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Is Janice with us?

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I'm here.

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Hi, Janice.

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It's Frank.

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Please identify yourself, Janice.

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Spell your last name for the record.

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This is Janice Woodcock.

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W-O-O-D-C-O-C-K.

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And you're swearing for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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And your involvement with this matter is?

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I am working for Mooring Properties.

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She's our planning expert and zoning expert.

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Thank you.

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mr miller thank you thank you mr chairman ms woodcock this property is in the rm1 district

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is that right that's right and this property is on the corner of 20th and spring garden streets

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right that's right now rm1 permits a corner project to fill 80 of the total area right it does

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and the plan before the board is for less than 80 percent isn't it yes now this property is also

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in a historic district isn't it it is historic commission approval is required prior to

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the issuance of any building permit for this property right

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and the historical commission is composed of recognized and highly regarded experts isn't it

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