civus
Hearing video

ZBA Hearing - October 6, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20206h 49m

jared good morning you agree to waive the reading of its refusal and stipulate to its accuracy

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yes i do uh you still under oath from this uh from earlier have you emailed an exhibit packet

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with the required documents proof of ownership proof of tax compliance copy of the refusal or

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referral folders and plans five days in advance of this hearing yes i have and uh have you met

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with the rco and have a letter yes thank you please identify yourself for the record thank

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you uh good morning again mr chair members of the board jared klein it's k-l-e-i-n from black

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rome 130 north 18th street philadelphia 19103 uh here for 4401 mcgargie street and i'll spell

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that for the stenographer it's m-e-g-a-r-g-e-e as with my presentation earlier this morning

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this is an addition to a project that previously went through the zoning process the site you can

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see on your screen is still a vacant parcel that is under development back in 2018 the property

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was zoned to be the the board approved the the life center at penny pack which is a medical office

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and daycare center for seniors, and the project was to have 83 parking spaces and the construction

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of two structures. This application is a follow-up to that in that we're now seeking approval for

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signage to be installed at the property for the to-be-constructed life center. There's a collection

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of signage that we're seeking approval for. As you can see on the refusal, there are several

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monument signs that are being erected a canopy sign and several freestanding signs all of which

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require some zoning relief both for the inclusion of a logo to identify the operator innovative

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and because of the overall size of the signage itself i'm showing the board on my screen now

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the prior zoning approval that was issued in august of 2018 and that project remains under

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under development. Here you can see the site plans showing the location of the

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signage. As the board will note only one sign is going to be directly street

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fronting and that is that sign down here. The remainder of the signage is

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signage that is interior on the property that's going to be used for

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identification of entrances and exits, parking locations and things of that

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nature uh interior to to the to the property um this is an example here uh rendering of what the

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signage would look like um this is the canopy sign that will be uh constructed on the building

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again not visible um or not adjacent to any street frontage this is on the interior of that of that

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property uh again signs that are going to be used for directing traffic uh you know identifying

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visitors parking employee entrances and things of that nature within within the site

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um and that is the scope of uh the signed package that will be installed at the property

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um we did meet with uh the rco uh and as you can see i'm scrolling through our mailing

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uh and certificate of mailing uh as you can see uh the rco is in non-opposition

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they actually met at the location um with uh representatives from the development team

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walked through all the signings and then followed that up with a zoom meeting um and the result of

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that uh was a vote of uh it was a unanimous vote not to object uh i'll also show the board a copy

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of a letter uh that we received from uh councilman heenan uh can we uh unmute mr john unger please

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John, if you can raise your hand.

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Can you hear now?

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Hello?

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Hi, John.

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Mr. Chair, could you swear Mr. Unger in?

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Doug, spell your full name, please, for the record.

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Sure. First name is John, J-O-H-N. Last name is Unger, U-N-G-A-R.

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Sure. First name is John, J-O-H-N.

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Last name is Unger, U-N-G-N.

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Very firm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do.

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Thank you. John, did you have an opportunity to hear my brief presentation this morning?

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Yes, I did.

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Do you adopt my statements as true, correct, in your own testimony?

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Yes, I do.

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Thank you very much.

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Mr. Chair, I can go into more detail on the signage if the board wishes, but at this point, I'll turn the floor back over to the board.

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i'll ask the board if they have any questions no

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anyone else wish to testify in this case please raise your hand

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no hands chair thank you planning commission good morning david effectos city planning commission

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Mr. Chairman and members of the board, this property is indicated for residential, single-family use in the city's comprehensive plan.

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We do not believe the proposed signs will have an adverse impact on this area.

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Accordingly, we have no objection to granting these variances.

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Thank you.

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MI-2020-001234, 4401 McGargy Street, my vote is yes.

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My vote is yes.

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my vote is yes my vote is yes thank you confessor before we call the next case

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a sonographer do you need a break because this might be a little bit long

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yes if i can have just two minutes pardon me if i can have just two minutes five minutes

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five minutes okay we'll take a five minute recess thank you you got it thank you mr chair have a

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good afternoon

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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You

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Thank you.

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we'll give it a couple more minutes uh we'll start at 11 10. it's now 11 0

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almost 11 08 so 11 10.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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okay um we're back on is everyone ready

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yes okay yes all right very good confessor please call the next case

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Okay. Meeting item MI 2020-000695, 2000 Spring Garden Street. Appointment 2R.

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Is this a case that we heard already? Yeah, this is a continuing case. We couldn't get all the

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testimony in. Gotcha. So this will be... I'm sorry, I just need for my records. What happened to number

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eight? We didn't have number eight. What was that number? What's the street number? Oh, I'm sorry.

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go ahead you can continue okay all right all right anyone here on 2000

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Spring Garden Street yes attorneys good morning this is Andrew Miller I

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represent the appellant

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hey mr. Miller

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Okay, Mr. Miller, can I suggest Mr. DeMarco, I believe, is also here on this case?

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yes um where how do we begin this uh i know we left off we needed a little bit more time i

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believe or we didn't have enough time that day uh i don't remember the attorneys who was the last one

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to uh to speak um if i'm not sure that i'm correct on this but i think the applicant had not

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quite finished presenting their case and then the other side was going to present you're probably

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correct because the other side had two attorneys right and mr bolan and mr demarco i believe

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yes okay okay mr miller good morning may it please the board my name is andrew miller i

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represent the appellant 2000 spring garden llc if i may and do you swear and affirm to tell the

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truth the whole truth and nothing but the truth I do thank you and confessor we can forgo all the

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other issues because the we this is a continued continued case okay thank you thank you Mr.

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Chairman if I may share my screen just to refresh everyone's recollection of where we are

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and then I'll launch into my into my case

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Thank you.

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Please recall that this is a historic photo of the corner of 20th and Spring

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Garden Street. These are the plans that have been approved by the Historic Commission after

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months of hearings, meetings with committees of the Historical Commission and community

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involvement. This is the view from 20th Street. This is a historical map showing the original

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arrangement of properties and on the right of your screen is the corner of 20th and Spring Garden

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streets. You'll see that the property on the corner of 20th and Spring Garden streets

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was slightly longer than the property next door.

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This is the current photo from 20th Street. You'll see that the existing building is a two-story

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building. It's nondescript. It's approximately 40 to 50 years old. It replaced the original

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structure that was on site and parking for this property is loaded from the street and

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there's quite a long curb cut along this along 20th street.

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Miller, the historical presentation you just gave us was that for a three or four story building

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originally? Let me take you back there.

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Right, so it's three stories with a pilot house.

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That's what's being proposed. I'm asking the slide before that where you have those purple

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the slide before that where you have those purple uh footprint yes okay was that a three-story

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building uh no it was a 50-foot building that matched the building next door okay 50 foot

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three or four stories where it was 50 foot okay that's correct but currently that back end at

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least is is a two-story building the current that's correct okay thank you that's correct

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now these are the current conditions and you'll see

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the rear of the property next door and the owner of the property next door is represented by Mr.

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DeMarco and that's a property that's been enveloped in scaffolding for at least the last

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three years. And you'll see the back of our property there.

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Now this photograph shows the evolution of the project as it progressed. Let me see if I can

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make it a little larger. As it progressed through the historical commission process

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with involvement of the neighbors and the RCO. Originally, it was a building that was

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rectangular. If you see the rear, there was no stepping of the rear. So the mass of the building

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was much larger than the final approved plan. Through that process, the number of units were

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reduced from seven to five. The height of the overall structure was reduced. The setbacks in

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the rear and to the right is the final approved plan the plan before you today and so you'll see

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the massing is substantially reduced to the right now we spent a good deal of time talking about

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the bird's eye views from the various perspectives. And Valeska Stanky, our architect, one of our

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architects, gave testimony. And you'll see that in this bird's eye view, the outline of the new

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proposed structure is superimposed on the photo. And this is the view looking east.

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And you'll see the parking garage of city view that runs behind all the houses on this block.

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This is a view looking southeast, and you'll see there's been suggestion

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by the opponents to this project that the light and air is reduced, and you'll see the

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space between the building behind and the new proposed structure, and you'll hear further testimony from our architect today about the impact.

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This is another view looking east, and what we showed here, and we spent a great deal

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of time demonstrating at the last hearing, on the left is the presentation of the opponents,

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where they exaggerated the impact and the board concluded that this was an exaggeration

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where the length of the pilot house was exaggerated against the actual plans to the right

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and the length of the building was also exaggerated

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This is a bird's eye view looking west.

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this is a photo of

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This is a photo of the existing conditions.

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We have a two-story building at 2000 Spring Garden Street.

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We have a 50-foot apartment building owned by the primary opponent to this project.

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And they're opposing the restoration of a building of equal height to theirs.

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This is another front view of existing conditions.

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This is a side view showing the parking area behind and the curb cut that runs

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approximately 50 or 60 feet from the rear of the building.

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this is the building directly opposite this building on 20th street this is an existing

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structure that faces our building and as you'll see the entire lot is filled with structure

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And it's quite a large massed structure.

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This is a side view of the existing structure.

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This is a view from across the street, looking across 20th Street, and the subject property

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is here and finally this is a view looking at the subject property and viewing across

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seeing the front of the building across 20th street

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now a great deal of time was spent talking and hearing the objections

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that were raised by the opponents to this project concerning light and air.

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There was a suggestion that the grant of a variance in this case will create a shadow on the objector's property.

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We've provided to opposing counsel and to the board light studies that demonstrate that that's not the case.

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But I want to point out to the board that in the Liberty Lofts case versus this zoning board,

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the Commonwealth Court said that shadow light impact is not relevant unless it's created by the grant of the variance.

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And the testimony that you'll hear today demonstrates conclusively that the same shadow will be created by the erection of a 38-foot building as would be created by a 50-foot building as it impacts the next-door neighbor.

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So, with that introduction, I'd like to ask Valeska Stanke to raise her hand, and she'll testify.

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Good morning, Ms. Stanke. Would you please spell your first and last name for the record?

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Yes, Valeska Stanke, W-A-L-E-S-K-A-S-T-A-N-D-K-E.

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

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I do.

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Thank you. Please proceed, Mr. Miller.

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Thank you. Can Ms. Stanke please share her screen?

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You are sharing yours.

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I think the administrator

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has to

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has to enable you

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okay great are you seeing my screen now yes yes okay now miss stankey

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do you recall all your testimony at the last hearing i do

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okay and do you recall the claims made by mr demarco concerning the shadows

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And do you recall the claims made by Mr. DeMarco concerning the shadows cast upon 2002 Spring

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Garden Street?

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Yes.

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By the proposed structure?

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Yes, I do.

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Okay.

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Now, following that dialogue, did you do anything to study this issue?

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yes i try to to watch and see what is the real impact on the the structure the neighbors

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structure and how did you do that um i designed the the building on in a software that i use to

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do my designs and this software allows me to include the geolocation so when i did that i

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could create all the shadows that the building the proposal is doing over the the neighbor's

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property. Okay and so just so that everybody's clear what you said was the geolocation is that

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correct? Yes, yes. Okay so your software

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understands the location of the property

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and its position with regard to the rotation of the earth and the sun. Is that correct?

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