civus
Hearing video

ZBA Hearing - November 10, 2020

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

since you live essentially right next door? Basically. Okay. You say you have no recollection

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of receiving a zoning notice from my law office stating that you can contact me with any questions

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you know members of the board just for purpose of the record i'm referring to page 18 or 30 of my

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zoning packet that was previously sent to the neighborhood showing that we have a certificate

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of mailing dated october 13 2020 for 104 mail pieces for the property of 3818 aspen street

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uh miss lindsey are you aware that otherwise this is going to be built as a three-story

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single family dwelling single family correct okay so your objection is only to the fact that

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this is a multi-family dwelling correct

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right okay and the extensions in the back uh anything that goes against the like what

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we already look like like if you stay within you know your height variant well no variances you

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know like i think it's zoned so that you can go three stories and that's fine but as long as it

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states a single family dwelling i'm not opposed okay miss lindsey you're aware that the civic

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association sent a letter to the zoning board correct i'm also aware that that um was supposed

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to be retracted from what I like from what I understood it was a misunderstanding on some part

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but nothing to do with the civic right have you have you had conversations with Mr. Dwayne Drummond

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the chair of the local civic association in what capacity have you had any conversations

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with him regarding this application I had a conversation with him on Saturday okay

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regarding this application uh yes uh we just i'm sorry i didn't mean to interrupt you miss

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it's just difficult because of the slight delay due to the uh audio visual nature of the hearing

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please continue yeah so i had a discussion with him and the discussion was that this was the space

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for us because we didn't, well, I'm sorry, me, and there are other people from my block that are

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also on this call so that we can be sure that it's not just me. However,

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the discussion was that this was the space, the ZBA was the space because we weren't able to make

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the RCO meeting, that the ZBA was the space for us to come and voice our concerns and our

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grievances. I also sent a packet of letters from myself and other members of the 3800 Block of

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Aspen Street, all in opposition to the proposal. Miss, I do have a question about that. You typed

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those up yourself based on text messages you received? I did not type all of them. No, I did

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not type all of them. And as a matter of fact, I didn't type anything. The text messages were just

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forwarded and then resent okay who transferred my each whatever name is on the the letter that's

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the person that sent the text message okay i don't have any other questions for you miss thank you

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anyone else would like to testify in this case please raise your hand

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No, Chair, you can proceed.

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Thank you.

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Mr. Mueller, I just refreshed my memory.

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Is this a duplex or a triplex?

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It's a duplex, members of the board, referring to page 17 or 30 of the packet, which is currently on your screen.

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You'll see we received two refusals.

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One was for two-family living.

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My recollection is that the City Planning Commission had no objection.

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And after conversations with Mr. Dwayne Drummond, the chair of Mantua Civic, who I believe may have sent a letter to the board as well, which unfortunately I never received a copy of, the Mantua Civic Association, which is the coordinating RCO, did not oppose this application.

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The other refusal we received, members of the board, was for rear yard depth.

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Our rear yard depth, I can attest based on aerial photographs, is similar to other homes on the block.

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Thank you.

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uh chair i'm sorry to interrupt we have two hands that just came up it's your call

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Okay, before we get to them, Sharon, do we have anything from Dwayne?

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okay before we get to them uh sherman do we have anything from

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I do not have anything. I just checked.

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Okay. All right. Whoever else would like to testify, please raise your hand at this time.

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And if you could speak to something new and different, that would be helpful.

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Chair, I am Patricia Rozier.

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Yes.

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Good afternoon, ma'am.

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Hello.

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Hello.

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Can you hear me?

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Yes.

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Please identify yourself.

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Spell your first and last name and provide us with your address.

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Patricia Rosea, R-O-Z-I-E-R.

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Address is 3856 Aspen Street.

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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.

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Please proceed.

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So as far as getting a letter, people are moving in and out.

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and we didn't see this letter um that went out not until a couple days afterwards because of

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the letter and everything what letter are you referring to the one that was sent out the first

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letter that was sent out in reference to like uh making this a three-story dwelling from the

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from the applicant no it came in the mail i guess in reference to the um this meeting the first time

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pertaining to the property that they want to make a three-story dwelling okay

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we didn't it's a lot of people that were at work at the time and a lot of people didn't receive it

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so we were complaining to the male people also as far as people didn't receive it on time and it's

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not you know it's not fair to us because we had ones who are we were complaining to the male people

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as far as like not getting milked late so is there any way that you know we people are willing to

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come on and speak as far as keeping it as a two-story dwelling opposed to a three because

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the single parents and stuff like kids and stuff on the block they can build but so i'm gonna

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interrupt you ma'am uh they can build the three-story within as long as it's no it doesn't

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exceed 38 feet it's a buy right the only issue before us is whether to maintain it as a single

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family or a duplex well we would rather keep it as a single family then i would as i'm speaking

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for myself. Yeah, understood. Okay. Anyone else? Chair, I have Corinne Sapp, who's been unmuted

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and waiting to be sworn in. Again, I'll ask your full name and address. I'll swear you

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in and please provide us with something new and different. My name is Corinne Sapp. My

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my address is 514 north 34th street however i'm on the ma'am ma'am slow down please okay

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spell your name for the record d-o-r-i-n-e last name is sap s is in sam a p is in paul p is in

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paul we're in firm to tell the truth the whole truth and nothing but the truth i do there before

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miss that begins please let me preliminary preliminarily object as an officer of the court

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I'll submit to this board that based on my conversations with Dwayne Drummond I believe

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that Ms. Sapp is going to attempt to speak as if she is a member of the board of Mantua Civic

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Association and based on my conversations with Mr. Drummond I understand that she does not have

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the authority to do so. That said if she wishes to testify and her address is within the affected

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area which I'm happy to pull up a copy of the addresses which are in the affected area I do

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not object to her testifying in her individual capacity, but it's my understanding that she

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has no authority to speak on behalf of the Civic Association. Okay, ma'am, are you within the

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affected area? I am not within the affected area, but I am not on the board, but I am a member of

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the Mantua Civic Association Zoning Committee, and I was appointed by Dwayne Drummond to speak

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on behalf of the Mantua Civic Association on the ZBA and the Civic Design Review and that's why

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I'm here. I talked to the and that's that's why my name is on all of the rosters. I am not on the

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board. He is correct but I am appointed by Dwayne Drummond as a zoning member of the Mantua Civic

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Association. He's correct. I'm not on the board but I do have authority. Chair I renew my objection

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as an officer of the court based on conversations I've had with Mr. Drummond, I understand that this

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may have been a recurring problem with respect to Ms. Sapp. So again, because she does not live in

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the affected neighborhood, because there is no letter of authorization from the Mantua Civic

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Association, I ask that she not be allowed to speak as a member of the Mantua Civic Association.

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And on top of that, as she is not in the affected area, she may speak, but I ask that the board

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but I ask that the board consider whether her testimony be relevant as somebody who is not

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consider whether her testimony be relevant as somebody who is not within

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within the affected area. Understood, and we'll move on to the next

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person to watch her testify. Thank you. Tanya, the next person. Here we have the last one is

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Angela Lindsey. You can unmute yourself and wait to be sworn in. Lindsey?

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maybe not sure you can move on okay um i'd like to know where mr duane is uh he's not on i assume

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correct that's my understanding numbers of the board i i mean his name's been thrown around

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half a dozen times uh anyway questions from the board no no

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planning commission

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good afternoon board peter bernard for the planning commission

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this property is indicated for single-family use in the comprehensive plan

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this is an existing single-family block and was part of the 2017 mantua single-family

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neighborhood-wide remapping. We feel the proposal represents an overuse of the property.

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Accordingly, we object to the granting of the variance. Thank you. Do we have anything from

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Councilwoman Gautier's office? Do you have any letters? Chairman, we had had previous correspondence

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from Mr. Goodman from the councilperson's office, but Mr. Goodman was incorrect in that his email

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to the board suggested that there was a vote against this proposal by the civic when that

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is not the case uh if i recall correctly it was either a vote slightly in favor by one vote or a

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complete tie i think you're correct in that yeah councilwoman gauthier or mr goodman did say that

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the councilwoman is still opposed but um i'm not sure what that's based on mr chairman mr chairman

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Yes.

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Do we have a letter from anyone concerning this appeal?

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We had the testimony, I believe, of Mr. Goodman when we first heard this case.

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Again, Sharon, is there a letter in that file?

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Mr. Goodman sent an email to members of the board.

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Mr. Drummond, with whom I spoke, explained to me that he had sent a letter to the board as well.

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perhaps it was sent or misdirected to an incorrect email address but it's not a letter that I

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personally ever received a copy of. If the board would like I can follow up with Mr. Drummond and

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see perhaps if he can resend it to me and I can forward it to the board just in the purpose of

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clarity. And this is Sharon I can only say that I wasn't copied on it not that the board did not

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receive it. Also I don't see anything and I did want to just mention on record that we did receive

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an email from Mr. Goodman for just the screenshots of text messages, which I told him was not going

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to be accepted because we take letters only and not actual text messages. All right. We're going

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to move on. We want to close the record on this and we'll make a decision at our next Wednesday's

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executive session thank you so am i yep members of the board in the meantime if i am able to secure

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a letter from mr drummond i would ask that the record be kept open for the limited purposes of

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accepting that written correspondence from manchua civic okay all right we'll do it that way

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in the interest of fairness all the way around so mi 2020-001077 3818 aspen street this hearing will

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be resumed on do we have a date is it december 2nd again or something else oh no we can do

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december 2nd for this one number second at two um i'm sorry you know what we could actually do

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it next week since it's just i'm open for the letter correct so next week would be uh the

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the 17th um if what we could i would love to do it on wednesday 18th the 18th correct okay

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MI 2020-001077, 3818 Aspen Street.

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This hearing will be resumed on Wednesday, November the 18th at 9.30 a.m.,

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at which time we will consider any feedback related to the RCO

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and Councilwoman Gautier's office.

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Thank you.

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Members of the board, do you require my presence of that hearing,

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or may I simply submit the letter if I receive a copy of it from Mr. Trummins?

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not necessary unless you find you believe you need to be here other than that no

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great thank you members of the board have a good afternoon

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great thank you members of the board have a good afternoon

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okay we'll move

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okay we'll move on to one that may not be as easy uh let's see

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mi00-1458 7519 ridge avenue

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uh chair we have attorney mr demarco marco good afternoon please identify yourself you're still

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on the oath from earlier today right uh good afternoon members of board richard demarco d-e-m-a-r-c-o

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i'm here for the applicant um if i could do a uh a clarification statement there was some

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interesting testimony from the planning commission at the last hearing that i wanted to

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because we are are going to update our argument uh today but before you begin i believe there

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was opposing counsel was it mr whalen or no paul toner is paul toner i'm sorry mr toner

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mr toner are you on yes chair i have promoted attorney paul turner yeah let me swear him in

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and then we'll proceed mr toner please identify yourself with a record and i'll swear you in

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mr toner you have to unmute yourself and start my video there we go

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thank you mr chairman um for the record my name is paul toner with orphanese and toner

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We're counsel for the Protestant, the Upper Roxborough Civic Association.

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You're swearing the firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Mr. DeMarco.

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Yeah, I just want to do a housekeeping item.

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Mr. Toner is going to continue with cross-examination of David Plant would be where we're at in the case.

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I wanted to alert the board to the testimony of the Planning Commission last week,

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which uh our experts have reviewed with with with me and it it's clear that the planning

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commission relied on the additional impervious coverage sections of the code of the whistahick

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and watershed so the argument that the applicant is making is somewhat updated from that testimony

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and specifically what i mean is as follows while part of the most of the property has a 45 percent

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impervious coverage limitation i'll bring it up on my screen if i if i may there is a provision in the

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code it's going to take a while to load for some odd reason there it is can you see my screen mr

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chairman yes so the planning commission is authorized by the zoning code to approve

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additional impervious coverage under the wissahick and watershed overlay district

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if we meet the five criteria which you see on your screen paula brumbelow testified

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that the planning commission approved our plan based on those five sections and she read that

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into the record last tuesday so your argument excuse me respectfully object to the characterization

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mr uh miss brumbauer's test no no with all due respect miss brumbelow read those criteria into

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the record herself rich she was very clearly she was not involved she was very good she was not

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involved gentlemen gentlemen gentlemen please one more time please sorry so our argument is as

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follows after i was interrupted we do not request a variance unless the board deems it necessary

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because the planning commission has approved our plan based on the section that you have on the

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screen so if the board does not accept that then in the alternative we are requesting the variance

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that's all i have and you can continue with the hearing

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uh could you just go over that one more time paul uh richard certainly

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this section of the wissahickham watershed that you see on your screen

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is a section which allows the planning commission authorization to approve additional impervious

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coverage you can see it in section c it says additional impervious coverage in excess of

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the coverage permitted by 14 510 may be permitted by the commission after review and comment by the

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law department and other appropriate city agencies according to the following criteria

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If you remember, Paula read these criteria into the record and stated,

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