civus
Hearing video

ZBA Hearing - October 6, 2020

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

Yes, is that correct? I can include in this software the geolocation from the Google Earth.

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Okay, and is that what you did?

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Yes. Okay. Now, at my request, did you provide us with a comparison study to show the differences

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between the shadows cast by a 38-foot-tall structure and a 50-foot-tall structure?

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Yes. I use the same design on the right side, and our 38-feet-tall is on the third floor.

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So, if I just remove the last floor, I can have the building with 38 feet tall.

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Okay. Now, in fact, the house at 2002 Spring Garden Street is 50 feet tall. Is that correct?

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Yes.

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Okay. Now, would you please explain the impact in the fall and explain the shadows

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that that are created in the fall season at 8 a.m. Yes the the screen that I'm

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sharing with you now it's showing on the right side the building with 38 feet

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and on the left the building with our 50 feet almost 50 feet or the same size

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of the the neighbor so I'm sorry we can see here that at 8 a.m. on the fall we

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have the structure with most of shadow and the 38 feet we have part of the

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last floor. And this changes by hour, of course, and at 10 a.m. we have at least the same.

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Not exactly, of course, but we can see that only the last floor will be

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covered by the sunlight. Okay, so are you saying that at 10 a.m.

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there's almost the same shadow cast by a 38 foot building as a 50 foot building on the property next door.

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Yeah, it's pretty similar. The changes are not significant.

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Also, we can go further and then at noon, now here we have, sorry, it's PM here.

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I can fix this later.

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We have sun covering both buildings and at this time we start to see the shadow from

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the garage, sorry, the garage building from Cityville.

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Is it safe to say that as of 12 noon in the fall, there is no shadow from our property

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to the property next door?

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Yep.

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Okay.

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Now, do the impacts differ by season?

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Mm-hmm.

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Okay.

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I'm sorry, can you please go back to 8 a.m. in the fall?

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Okay.

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Now, in your study, do you show the impact of shadows from across 20th Street?

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from across 20th street yes i i did this because i i need to uh understand how everything works

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Yes, I did this.

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and the the buildings across the street are very important too at 8 a.m they are creating shadow on

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the street and we can see that the 20th doesn't have sunlight and our proposal is being covered

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part of that by the shadow from the buildings across the street.

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Okay.

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So are you saying that we are in shadow, that our proposed structure is impacted by shadow

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from across the street?

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Yes, it is.

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Does that shadow from across the street early in the morning extend beyond our property

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to the property of 2002?

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Yes.

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Okay, now can you show us the impact in the summertime? Sure, summer here, oops,

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spring, summer. So here I create something a little bit different, I will

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explain, and this is the shadow creates by our proposal over the neighbor's

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And this yellow part, it's the shadow created by only the variance, the height.

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So we are creating, like I'm trying to represent here, that most of the building will be covered

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by the proposal with 38 feet. So this gray area is a 38 feet building.

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and this yellow part is the height above that.

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Okay.

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You jumped ahead of me, so I want to make sure that we understand what we're looking at.

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Sure.

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You're in a new document now, is that correct?

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No, no, no.

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It's the same document, it's just a different slide.

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Okay, but before we had the 38 foot to the right and we had the 50 foot to the left,

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right?

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Yes, before we had.

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I did this comparison on fall only.

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Right.

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And so now what you did was you synthesized the information from both of those views and

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you're now showing the area of difference with the, to me, it looks brown.

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Is that brown?

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study done by Mr. DeMarco's team?

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Yes, I received that.

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Okay. Would you show the panel that study?

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Let me open here. We have this and this.

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so their study is this on the left and I create something similar here on the right

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okay so the study on the left is the one that was provided to us last week by Mr. DeMarco is that

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right? Yes, that's right. Okay, now do you think that they have fairly and accurately shown the

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conditions with their study? And somehow they they try to mislead this presentation. They use a 24

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hours period. It's showing here on the graphic and more than 12 hours is night. So the building

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it's covered by darkness most of the time of this GIF. So it's fair to say there are no shadows

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cast at night, right? Of course not. Okay. And also the buildings across the street is not here.

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okay so they don't show the impact of the shadows cast from the building across 20th street do they

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no so they make it seem as if the only shadows that exist are those created by our building

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is that right yes okay now at my request did you prepare a more fair analysis of

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the impact of the light at this location. Yes, on the right side I created this

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almost the same presentation, the GIF, divided by 30 and 30 minutes if I could

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say that. We can see the hours under the presentation here and I use only the

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times that we have Sun. So we are in the winter and it starts early morning, 7, 8

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7 30 and we go through the day but it's fair to say that in every instance by 12 noon there is

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no impact is that right yes okay and then the duration of the uh of the shadows cast changes

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with the season right yes changes a lot in seasons right but but for sure we're only talking about

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the longest period of time is from approximately 7 30 a.m to 11 30 a.m is that correct yes we can

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use their graphic and it's showing here that around 7 15 i can say that is the time that

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that our proposal is casting shadows onto the neighbor's property, 2002, until 1130.

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And the rest of the day, it's from other structures.

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Now here they are saying that it's Cityville Towers.

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So we have this four hours, four hours something, and a day, and a winter day.

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This changes a lot on summer.

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Right.

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And everyone on that block is impacted by shadow created by the existing parking garage.

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Is that correct?

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Not only the parking garage, but the towers also.

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Okay.

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Now, finally, do your exhibits that we just discussed fairly and accurately depict the

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conditions at this location?

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yes okay thank you very much you're welcome i would like to say one more thing if i can

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uh mrs miller mr miller please um i did some uh calculations uh just to to have some percentages

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We have on the third floor 38 feet like we are saying until now and on this floor we have 45 feet set back on the rear.

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setback on the rear. On the fourth floor, we have 53 feet setback on the rear. This means that we are

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On the fourth floor we have

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5% more or bigger than the neighbors. Per zoning, we can use 5% more than the neighbor because it's

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an intermediate lot. We are in the corner, we can use 80%. So if I did a simple math, I can take

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that we have 57 feet in the backyard, they have 64, and this means that we are 5% longer than

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from the neighbors. I don't know if I was clear on this, but we are using only our 5%

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that we can by zoning. It's fair to say that the only variance

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sought here is for height. Yes, and this height, we consider that

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that we are using only this 5% that we can use on the last floor.

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Thank you very much.

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If we build a building with 38 feet and use our 80% by right with no variances,

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just project and build, approve and build, this building will cover more than we are proposing now.

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Thank you.

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Okay, thank you.

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I think Mr. DeMarco is trying to be heard.

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Unmute yourself, Mr. DeMarco.

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Okay, someone muted me. That's, sorry. Thank you. Let me say this, Mr. Chairman, I wanted Mr. Miller to get...

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Let's get you on the record, please.

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Good morning, everyone.

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Richard DeMarco here on behalf of Mooring Properties, the property owner at 2002 Spring Garden.

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You want to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Mr. Boland, are you going to be jumping in during this conversation?

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I will try not to, but if you'd like to swear me in, Mr. Chairman.

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Let's swear you in just in case, all right?

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Full name?

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Yes.

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Ryan Boland, 1801 Market Street, Philadelphia, Pennsylvania, represent Spring Garden Civic Association.

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We're ready for him to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Thank you.

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Okay, Mr. DeMarco.

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Thank you, Mr. Chairman.

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Good morning, everyone.

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So, Mr. Chairman, what I'm going to do is I'm just going to – I wanted Mr. Miller to get through the testimony from Ms. Stanky.

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I do have an objection to the fact that that one comparison, those comparison drawings that showed the difference between the two, I did receive the shadow study prepared by Ms. Stanky, but not the comparison drawing.

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So I would say this, I'm going to do my cross-examination, you know, as best I can.

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I'd like to preserve the right to review those drawings, and I'd ask Mr. Miller to provide the comparison study to me.

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I don't think I'll have to recall anybody, but I do want to preserve that right, place it on the record, and I'll try to do my cross, and hopefully I can get through it and it'll be fair and whatnot.

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but i do want to mention on the record that i saw the the comparison drawings with the yellow

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portion for the first time during miss stankey's testimony okay so i'm also going to ask that miss

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stankey continue to share her screen because i don't have those um yellow uh comparison drawings

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so i can refer to them during my cross that's all right thank you so let me ask this as a general

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matter of miss stanky um i'm so i'm sure can you hear me okay miss stank yes yes i'm great i'm sure

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you're not going to present testimony here and i don't i don't know that you did but i heard

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something that confused me you're not going to testify to this board that a taller building

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casts the same shadow as a smaller building right no that's not your testimony right

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I didn't understand your question.

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It's a very simple question, Ms. Stanky.

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Does a taller building cast a greater shadow than a smaller building?

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The difference is not relevant.

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So you're refusing to answer the very simple question that a taller building,

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or you're trying to argue to this board,

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that a taller building does not cast a greater shadow than a smaller building?

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It is casting shadow, but this difference between 38 feet

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It is casting shadow, but this difference between 38 feet tall and the building that is being proposed is not relevant.

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Ma'am, I'm going to ask the board to instruct the witness to answer my question, who's not answering it.

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Does a taller building cast a greater shadow than a smaller building?

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Which smaller building you are being referred?

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A 38-foot building that we are proposing, this difference is not relevant.

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Okay, you've again refused to answer my question.

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I don't know if she's refusing.

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I mean, I'm not an architect by no means, but if someone were to build a 30-story building on that site,

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but the footprint was only say from the front of the building back 30 feet it certainly would have

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a a greater shadow but not as wide all right i mean so i right i think i know where you're going

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but it doesn't i don't think you're asking it the right way that's just my opinion well well look i

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i certainly i don't feel i got an answer to the question so note my objection that the witness

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refuses to answer a very simple and obvious question and i think that's how you have to

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viewer testimony she can't answer the simple question of does a taller building cast a greater

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shadow than a smaller building where it exists if that's are you saying that it's a buy a buy right

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that miss stanky spoke to are you using that as the example that that buy right building

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i heard her i heard her offer the testimony that the 50-foot building is is not casting uh as great

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a shadow as a 38-foot building now what what you're saying mr chairman is that if the

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area is is smaller than the greater area might be equal but that's not the question i asked the

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question is does the taller building cast a greater shadow than a smaller building that's

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the question she hasn't answered it and i object mr chairman she has answered it three times

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i'm gonna ask that we all be civil today thank you

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don't speak unless the other one has stopped speaking we have to get everything on a record

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thank you kindly mr chairman i object the witness has answered three times she said it does but the

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difference in this instance she used the word not relevant i would prefer to use the word not

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material but the exhibit speaks for itself she shows the difference between the 38 foot and it's

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on our screen now and the 50 foot and that difference is only uh on the roof of the building

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next door at greatest impact so mr mr mr demarco is going to have to live with the testimony that

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he has and he can spin it however he likes in closing argument but in the midst of the

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examination it's inappropriate uh mr chairman may i continue uh yeah please leave up miss stankey

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um so this yellow area is what you say is the difference between

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an as of right project versus and please go to the 8 a.m uh portion okay thank you so so that's uh

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The yellow is the difference between an as-of-write project and the current project, right?

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Yes.

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All right.

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So the yellow represents the additional shadow cast by the current proposal, correct?

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Yes, correct.

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And this time, the sun is not casting or, can I say, shining on the rear.

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any you can see that any one of these buildings has sunlight on the rear facade at this time

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so i'm not sure what you're what you're talking about but so the yellow is the we admit that the

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yellow is the additional shadows cast by the current proposal right yes and that's due to

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