civus
Hearing video

ZBA Hearing - November 10, 2020

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

What's your last name, Richard, for the record?

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D-E-M-A-R-C-O.

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We're going to affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you.

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DeMarco, you agree to waive the reading of his refusal and stipulate to its accuracy?

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Yeah, I mean, there's a typo, Mr. Plaza, on there, but we do stipulate to the accuracy,

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but the examiner got the A's and B's and C's a little mixed up, but we do stipulate and waive

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the reading. Also, have you emailed an exhibit packet with the required documents, proof of

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ownership, proof of tax compliance, copy of the refusal or referral photos and plans five days

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prior to this hearing? I did do that, yes. Awesome. Also, have you met with the RCO and

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have a letter? We do. I did have the letter came in after the five-day period, but I forwarded it

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immediately to the board. I believe it was Friday. And yes, we do have a letter of non-opposition in

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this matter from Penn Support Civic Association. Thank you. Please proceed. Okay. Let me bring up

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our exhibit packet. Okay, is that appearing on your screen now?

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Yes. Great. So the refusal, there's some, and I don't remember exactly, some of these

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lot numbers are a little mixed up, but the data is accurate, so that's why we can stipulate.

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We have multiple dimensional variances. This is a subdivision of the existing Emota

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empty, vacant warehouse structure at 1800 Moyamensing. It has been vacant for about

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eight years. There have been one unsuccessful prior attempt to develop the property.

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it has been extremely difficult to market the owner is on with us he'll testify in a little

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while but there are multiple problems with the existing structure it's it's in poor condition

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uh it's the roof is collapsing um we did have an earlier proposal that met with some

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it was a denser proposal and a much higher proposal we were looking at significant height

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variances. The community did not like it. My client, the developer, scrapped that in light

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of the opposition for the neighbors and went to a duplex proposal. I'll bring up the site plan

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so you could see it. Do you have any photos? I do. I can get to them in a minute. Do you mind

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if I show them? This is the subdivision plan. Fine. Thank you, Mr. Chairman. This is the

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subdivision plan here. This is the site plan here, Mr. Chairman. This is a photo of the e-mode. I have

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other photos I'll show you in a minute. These are our lots here, A through E, L through G.

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This is Oriana Street. This is Moyamensing. Note that we are replacing an existing curb cut

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with on-street parking because we do not have dedicated parking for these lots along Moyamensing.

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there is dedicated parking for the lots along oriana oriana is a tertiary street which has

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multiple curb cuts and no parking so we are not displacing any parking along oriana i'll get to

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some of these are the floor plans i want to show you the elevation this is the moya mensing elevation

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Can you rotate that, please?

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Oh, boy.

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You know, I'm going to ask Brian.

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You know what we'll do, Mr. Chairman?

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Brian Neuslanger, our architect, is prepared with screen share.

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I'll finish up my introduction and turn it over to Brian.

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and he should have better luck than me.

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I'm not good at rotating my screen.

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I got to learn how to do that.

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I'm sorry.

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Let me show you the photos that you asked for real quick.

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This is the Emota facility. It's empty. It's in poor condition. It used to be a clothing storage facility. There was an attempt to develop it as a brewery. Unsuccessful.

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There was an attempt to develop it as a brewery, unsuccessful.

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The owner is on and will testify that he has been unable.

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This is the roof, the hole in the roof.

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And this is the inside, not great shape.

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So let me do this.

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I'm going to end my screen share and ask you to promote Brian Newsranger,

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who should be with his hands raised.

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is that okay tanya yes he's been promoted now thank you good afternoon sir please identify

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yourself with the record spell your first and last name and then i'll swear you in

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there i'm brian newswanger with atlantis architects and it's n-e-w-s-w-a-n-g-e-r

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you swear and affirm to tell the truth the whole truth nothing but the truth

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i do thank you please proceed brian do you agree with my state did you hear my statements made to

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the board um prior to this yes i did do you agree with the statements and adopt them as your

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testimony yes i do all right if you could if you could share your screen and show uh the chair and

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members of the board the uh site plan and elevations please sure um here we are

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can everyone see that

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yes yes okay that is our site plan and as rich said we have five units along moya mincing avenue

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and we have six units facing Oriana Street here.

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Mr. Newswanker?

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We have a diet advertisement going on.

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I'm sorry?

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And your email.

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You need to open your document and share that

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because we're in your email.

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Does that work now or no?

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No.

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Double-click on the actual document or file.

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Something interrupted your feed, Brian.

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Oh, dear.

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Bear with me for a moment. I'm sorry.

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Can I just close out my email?

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You may want to close and come back in.

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There we go. Am I back now?

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Okay, so we're in your actual files.

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So which one you want to double click on it, open up.

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It looks like you have a file open to the right as well.

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Okay. Hang on.

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You want to drag it over?

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here we are that's not working on it

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do you mind if i take control for one second sure i'm sorry let me see if i can get it

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maybe i can keep moving with the testimony mr chairman weil because brian can testify without

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the plan so i'll let me let me do this uh brian uh you're involved with pensport civic correct

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That's correct.

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I've been the zoning advisor and the board member for the past 10 years.

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All right.

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And there has been an unsuccessful attempt to develop this property in the past, correct?

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There was.

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That was probably about six years ago.

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I was presiding over that.

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Okay.

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And you're familiar with the existing structure, and from an architectural standpoint, is it unsalvageable?

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It really serves no – it doesn't have any reasonable or useful life left in it at this point,

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not without significant expenditure of money.

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And is there a cost involved?

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Does the property need to be demolished regardless of what is proposed to develop?

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I would think so.

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It doesn't really – its use is not really applicable to anything that we would convert it to.

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Right.

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And is the existing structure obviously not – it's not compatible with residential use, correct?

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No, it is not.

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Okay. The proposed homes that you are proposing, are they consistent structurally with

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other, both new construction and existing properties in the neighborhood?

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They are, with the trend in the Pennsport area. They're very much in keeping with that.

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Okay. And you would know that because your office is around the corner, right?

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Right. I'm a block and a half north of this site.

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And we're not asking for any height variances, correct?

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There's a minimal height variance, I think, of seven inches.

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Seven inch height variance, right.

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Correct.

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And these are duplex units, right?

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That's correct.

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And you're replacing on-street parking by removing existing curb cut, correct?

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That is correct.

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Why don't you do this?

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Why don't you click, Tanya, if it's okay, can we ask him to...

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Tonya, if it's okay, can we ask him to stop screen share and then go back into screen share

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so we can show the board? Well, you can actually see it, actually.

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You can?

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Before you go any further, just go back to that last slide you just had.

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That one?

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No, the one before that shows the...

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Yeah, you got rid of it. So try double-clicking going back in.

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i'm just curious a lot f is not shaded in is there a reason for that yeah yes mr chairman

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the the the lot f is going to be the staging area for construction we were um the the client

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matt milano who i'll will ask to testify in a moment uh was very hands-on with the neighbors

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with this project and spoke to them.

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Obviously, there were concerns about construction.

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He's actually not developing one lot

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so as to avoid impact on the street

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and to neighbors while he's constructing the home.

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So that is an empty lot

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and is not proposed to be developed with the proposal.

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Well, does that give you 12 lots to be developed?

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I mean, 11 lots.

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Presently, there are 11 lots, yes.

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So my point is, if F doesn't get developed, that's 11 lots?

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I'm sorry.

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That's right.

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On the application, you have 12 lots.

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Well, if lot F is part of the subdivision, that would be the 12th lot.

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We're not planning on developing it.

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But not developed.

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Okay.

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All right.

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Mr. Chairman, we have dimensional refusals for the lot sizes,

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but they are consistent with neighboring lots.

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Okay.

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I just want to make sure.

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So it'll be 11 duplexes as opposed to 12.

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Correct.

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Okay.

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I think you can move along rather quickly.

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Yeah, Sonia?

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Oh, okay.

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We will.

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We'll truncate if we will.

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I will mention that there's a diagonal lot,

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which is on the corner of Moore and Moyamensing,

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which is also open,

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but can be used for a future use

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that Mr. Milano is in touch with the neighbors and will develop with their involvement at a future

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date. So there's no structure proposed for that line as well. Do you want to get Mr. Milano or

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whoever? Yes. Brian, we may come back to you. I think we're okay for now. Let me get Mr. Milano

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on. Tanya, if you don't mind promoting. No problem. Sure, but I wanted to, Brian, if you could

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maximize your screen by hitting a square to the right by the x okay um it was fine and then it

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was moved that's fine i work on two screens i'm sorry so it went across two of my screens right

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so can you maximize that so that it's on the full screen yes um for purposes of those who are

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participating? Yep. Thank you. Is that better? No. The one that you

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the one you're touching on, that's the one we need up the

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site plan. Yes. And it's not the full screen. And it's not

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because we do have people who wish to testify. So I would love

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for them to be able to see the actual. Sure. I don't know why

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we are having trouble here. You have two monitors? I do have two monitors. Yeah, that's what the IT

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representative is saying. It's on your other monitor. So can you drag it over? Over there?

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Drag it over to the first monitor, I believe it is. Is that it? There we go.

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Okay. Thank you kindly. I am sorry. Sorry. Before we get to Matt, Brian, can you show that

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diagonal lot which would be the future there you go that would be that lot here right and then lot

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f is the uh the staging area correct all right okay matt milano please if you could promote him

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uh does he need to be promoted or just audio oh he he cannot no he doesn't need to be a panelist

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i can do okay so he could actually unmute himself and wait to be sworn in hello my name is matthew

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Milano. Mr. Milano, please spell your last name for the record. M-I-L-A-N-O. Do you swear in the

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firm to tell the truth, the whole truth, nothing but the truth? Yes, I do. Please proceed. Mr. Milano,

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did you hear all my testimony so far? Do you agree with it and adopt it as your own? Yes, I do.

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Okay. You're a realtor, right? Yes, I am. You've been a realtor for 10 years? Yes. And you're

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under agreement to purchase the property, right? Yes, I am. And it's taken you over a year to get

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here due to COVID and other, and you revised your plan due to neighborhood opposition to your

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original proposal, correct? Yes, I have. Okay. And this new plan was developed through input.

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Okay. And this new plan was developed through input, you know, substantial input from the

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community, correct? Yes, it was. All right. And we met with the neighbors a few weeks ago via a

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Zoom hearing and you responded to concerns and we do have a letter of non-opposition from Penn

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Sports Civic, correct? Yes. All right. Do you agree that you're unable to reuse the current

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structure due to development costs involved with that yes okay um as a realtor uh mr milano what

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explain to the board why single family dwelling units would be difficult at this site um because

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