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Hearing video

ZBA Hearing - February 26, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 26, 20258h 26m

I've got Robert Sherman.

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They should be coming back in as a panel shortly.

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Thank you.

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You're welcome.

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Hello.

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good afternoon good afternoon can you state your name and spell it for the sonographer please

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robert sherman r-o-b-e-r-t sherman is s-h-e-r-m-a-n okay do you swear to tell the truth

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nothing but the truth i do thank you uh robert you are a member of the ownership entity of this

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property 41 development llc correct yes and have you heard all the testimony and evidence that was

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offered in front of the board today i have would you agree that testimony was true and accurate

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and would you adopt it as if it were your own yes thank you we're happy to answer any questions on

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this okay thank you questions from the board um yes i'm just trying to confirm right now you have

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both FAIR and you have

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PHA vouchers under

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a future HAP contract

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to support the

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whole development?

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That's exactly correct. And then who's

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going to be the property manager once

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the development's complete?

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It'll be

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Fittler Properties.

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And does Fittler

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Properties have previous experience

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working with both this population

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and these affordable

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housing finance

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mechanisms yes um i have a question was there any parking uh with this project there is no parking

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for the project and it's also not required of course as you know but no there is no no parking

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proposed what was the uh community's opposition board member johns i i don't know that i could

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articulate that clearly there was there was some concern over the the density which we really truly

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did not understand uh again not only just because of the fact that the density is allowed for this

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is allowed for this lot, but there was seemingly some confusion over what they believed to be

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lot but there was seemingly some confusion over

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an 18-unit proposal versus a 24-unit proposal. But candidly, we really left the meeting quite

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perplexed, and I'm not sure that I could articulate what the concern was in light of

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the circumstances here. I don't think I saw the elevations. Oh, sure.

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that they're not they're they're two-dimensional that were included on the zoning plan you can see

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here there's the section yeah i don't i don't see like an elevation so trying to figure out context

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as it relates to the the block and the rest of the

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sure so i we don't have a detailed elevation but as you can see here there's

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proposal immediately next door that's under construction as you can see in the photograph

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here it is in terms of massing it is very similar to what is being built next door

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um well it's kind of hard kind of hard to see from this picture because all we're seeing is a

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blue wall okay i understood and apologies i don't know you know it yeah i mean

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the the dimensions do comply with the code certainly uh that doesn't directly address

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your question but um but in terms of of massing it is it is consistent with what is on the block

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currently particularly immediately next door kind of hard to to to what's the height is there

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identified height. The height of this building is going to be 45 feet. 45 feet. So it's four

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stories, 45 feet. Correct. And your development team submitted for FAR funding, then they would

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have had to submit elevations for this project. So that should have been included, you know,

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just so we could see our rendering or something that really kind of shows the context. So

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that's disappointing um is it 45 feet to the top of the roof deck or to the top of the pilot house

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it is to the um it is not to the top of the pilot house it's to the top of the roof

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is it to the top of the roof deck or that because you're pointing to the parapet can

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need scrolls to the right. No, it's the top of the roof. The roof is on it. It has a pitch to it.

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Yep, I see it now. Yep. So it's like to the top of the roof.

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Any other questions from the board? Questions from attorney Hillary Emerson?

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Just briefly, Ms. Ferlinger, I wanted to clarify, you mentioned there was a change in the plans as

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a result of the deeds, the meets and bounds being incorrectly laid out. Was there a corrected or

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amended refusal issued because of that? No, Council Emerson, that original plan was actually

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filed under an entirely separate zoning application. As a result of the discrepancies

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that were discovered and the process that we had to go through to make sure that was corrected,

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we withdrew that application entirely and when it was corrected we refiled so there is no there's

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no corrected refusal there's no revised plan in terms of this application itself because the

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zoning plan that's in front of the board is the one that generated this refusal okay if that's

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clear much yeah no no problem sorry that's okay we have any questions from our audience

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Yes, Ms. Graham, I'm sorry to interrupt you, but we have a hand up in the virtual audience

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by Park Frost.

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I've allowed them to speak.

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Hello, thank you.

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Hi, could you state your name and spell it for the stenographer?

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Park Frost, P-A-R-K-F-R-O-S-T.

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And do you swear to tell the truth?

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Yes.

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Okay, proceed.

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Thank you. I live on this block directly, almost almost directly across the street from this block. I am the block captain of this block. I have been a resident of this block for 24 years.

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um i attend all of our rco meetings um and you know know many of the attendees of the rco meetings

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including all of my neighbors in the immediate vicinity um the situation is not being accurately

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represented um obviously uh with with good reason you cannot rely on the lawyer of the opposition to

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With good reason, you cannot rely on the lawyer of the opposition to present your case for you.

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you.

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Our RCOs, I understand, have written clear letters as to why we have rejected this.

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Basically, the context is that all of the other multi-unit buildings on our block and on the next blocks and on the neighboring blocks are around three to eight units max.

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This is far larger than anything in the area, far more units than anything. It's far more dense than anything nearby. As was noted, there is a construction going up on an identical lot next door, you know, identical lot, same size.

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they are placing 10 units on it, and it is affordable housing. The setbacks on this side

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of the street are much deeper than what they are providing. They are building to all other

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lot lines, as my understanding. This is much larger than anything else on the block. All

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other buildings on the block have considerable front setbacks, backyards and side yards.

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This does not fit the scale of our neighborhood. It does not fit the density of our neighborhood.

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And our neighborhood did not approve ever anything this large. We approved what we all seem to remember, and this has never been addressed by this lawyer. We attended a meeting where they presented a request for 18 units.

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we have we approved that and we wrote a letter of support for that and that is why the rco that

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wrote a previous letter of support has now written a letter of non-support because we do not approve

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something this large it's far too large for the context okay thank you thank you for your testimony

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anyone else in the virtual audience

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um yes i have a hand up from trevian ambrose i've allowed them to uh speak

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oh wait they just put their hand in i'm sorry

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oh okay now to put it back up i allowed them to speak

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hello can you hear me good afternoon could you uh state your name and spell it for the stenographer

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please. Yes, Chair. Travian Ambrose, T-R-E-V-I-A-N-A-M-B-R-O-I-S-E. And do you

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speak to the truth? I do. Okay, proceed with your testimony. Thank you, Chair. Again, my name is

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Travian Ambrose and I'm representing the Office of Councilmember Gaudier. I'm here again to convey

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the Councilmember's opinion on this matter as one of full support. It is the Councilmember's

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opinion that the proposed 24-unit 100% affordable would reflect what it looks like when funding or

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financing partners to build for genuine affordability, in this case for seniors. The

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office acknowledges the concerns of constituents. It is our understanding that this exact proposal

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was discussed with community in 2023 as part of DHCD's affordable rental housing RFP process

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and received a letter of support. It is the council member's view that bureaucratic

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incompatibilities in the code and the city's RFP process

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should not stifle, derail, or stall the creation of new,

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deeply 100% affordable housing, senior affordable

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housing, especially given the current uncertainty surrounding future

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federal funds. The Councilmember reaffirms her urge that the ZBA

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grant the requested variance without delay. Thank you.

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Thank you for your testimony. Anyone else in the virtual audience?

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No, it's okay. Planning Commission. Okay. Oh, the attorney would like to respond to any

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other testimony thus far.

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No, I mean, not not to be repetitive. But again, you know, just in terms of the density.

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Somebody could come into this lot and build a much larger development, and it would be far less

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affordable so we believe that the the application uh you know stood on its own to establish why

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why this proposal is warranting of relief and certainly we understand the concerns for density

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but in this particular case the density proposed is contemplated for this lot one way or another

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okay thank you uh planning commission thank you good afternoon chair and members of the

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board michael gall with the philadelphia city planning commission okay uh do you say that your

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name already could you spell it for the record m-i-c-h-a-e-l-g-a-l-l and you swear to tell the

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truth in your testimony so affirm okay position the comprehensive plan recommends no change to

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the rm1 residential multifamily zoning at this location for the additional dwelling units beyond

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for the additional dwelling units beyond 17 the appellant could earn eight additional

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17 the appellant could earn eight additional dwell

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dwelling units if they were to apply for the mixed income housing bonus the city planning commission

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provided a planned consistency letter to support funding for this project therefore the city

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planning commission recommends that the board grant the requested variances for unit count

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and maximum occupied lot area oh thank you um i think uh you guys want to take this uh back to

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executive session um can we uh vote on it for next week at 2 p.m okay all right next week at 2 p.m

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thank you thank you

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okay moving on to the next one i just want to just make an announcement real quick uh mi dash

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for continuance mi-2024-005-841-4010 palmetto street we want to continue that and a date will

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be provided to you i was gonna say that we're actually continue that attorney moving party

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so yes continued attorney moving party yes we'll provide a date um when it will be when the attorney

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reaches out yes thank you all right

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and moving on

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to number four

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MI-2024-006066

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1921 West Norris Street

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Daniel

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you want to go back to it

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okay are we going to go back

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and get this last one out the way

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MI-2024-00380867030 Ridge Avenue.

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Kristen Mister is the attorney.

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And I believe we also have Pamela Loughran here

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on behalf of the Protestants for that case as well.

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I don't think she's here in the room.

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She may be virtual.

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is Pam Longman

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on the virtual audience.

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Can we promote her?

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Okay.

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Catherine,

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can you please state your name and spell it

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for the court reporter, please?

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Please keep turning.

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Catherine Mithimer,

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it's M-I-S-S-I-M-E-R,

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Claire Harrison,

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1835 Market Street, Suite 1400,

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19103.

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Thank you.

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Do you swear to tell the truth, the whole truth, and nothing but the truth?

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I do.

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And has Pam been promoted?

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Pam, can you please state your name for the record?

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Yes, Pamela M. Lachman.

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And can you spell that for the court reporter, please?

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L-O-U-G-H-M-A-N.

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Do you swear to tell the truth, the whole truth, and nothing but the truth?

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I do.

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this is a resumption hearing so we can get started um chris and katherine we'll start with you

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and and mr try i believe that the only thing the app has to present is the updated landscaping

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plan that was requested by the planning commission and then we were going to take public testimony

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and the recommendation of the planning commission yes and i'll just ask that my architect step

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forward so that he can testify to the changes made on the landscape plan okay fair enough please proceed

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rustin did you want to put your name on the record rustin oler r-u-s-t-i-n-o-h-l-e-r

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harman deutsch oler architecture we swear to the truth the whole truth but nothing but the truth

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i do thank you it's all you counsel thank you russian can you speak to the changes made

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with respect to pcpc comment on the landscape plan we'll pull that up so it's easier for you to see

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sure um so city planning had requested a further review of the landscaping plan

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um overall there were no comprehensive changes to the entire plan at all or any of the landscape

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buffers it was just a clarification on some planting and species so the plan as was previously

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presented from a zoning standpoint to the zoning board has not changed minor changes in delineation

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of plantings and that's it and a note i believe was added to clarify that the buffer was with

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respect to um the zoning district adjacent correct correct and there were no other changes made on

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the landscape plan understood uh pam um yes i just have one or two for mr oler um mr roller um the

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The landscape plan proposes greenery and shrubbery along the.

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um proposes uh greenery and shrubbery along the the rear lot line parallel to ridge avenue correct

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correct yeah and so uh that greenery and shrubbery would prevent any light from cars

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um i'm sorry and it's in front of a fence isn't a proposed fence is that correct yeah we have a front

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a fence around the entire perimeter a solid fence yes okay so the combination of the solid fence

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and the proposed landscaping would prevent any um light from cars from bothering people who live

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on uh the development behind the rear lot line i think it's called um

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