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Hearing video

ZBA Hearing - June 22, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 22, 20212h 33m

Thank you.

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Thank you, Mr. Chairman.

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Bob, please explain your role with the local RCO.

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Yes, I live at 319 Vine Street, right up the street from the Painted Bride, and I'm president of Franklin Bridge North Neighbors, where the presiding RCO and hosted the RCO zoning meeting with the applicants.

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very good and you've heard my presentation to the board this morning yes okay is it true and

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accurate to the best of your knowledge yes it is and would you adopt it as your own testimony if

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need be yes thank you as a leader in the RCO that deals with this particular project can you please

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tell the board the process through which this proposal went and the lengths through which you

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went to try and come to a reasonable accommodation. Sure. So we had a virtual meeting with the

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applicants and our zoning committee on December 28th just to go over the project. I will say that

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This is the first variance that our area has faced other than with use in over a decade.

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We then had a virtual open meeting on January 7th with the public.

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We had a vote at meetings end.

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It was 17 opposed, six in support, and one non-opposed.

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Of the near neighbors, they were 12 to one opposed.

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Our voting rules only allow those who live in our boundaries to vote as one vote per household, building ownership, or business, and there's no proxy voting.

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We sent the results to the development team the next day, and then all the registered vote attendees were sent notice the following day.

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We didn't hear anything from Mr. Maniotti since the RCO meeting until the Friday before the April 21st zoning meeting when Mr. Anastasio received their 265-page packet.

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Maybe I'm naive, but I was a little surprised.

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You know, an RCO voting to oppose the project, I would have expected the developer to reach out.

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But anyway, because of the complexities of this project, we sent a survey to all those who voted.

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Very simple survey. Why did you vote the way you did? And anything else they wanted to add.

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And there were a lot of reasons for those opposed.

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Objection, it's hearsay, Mr. Chairman.

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Yeah, you have to speak. Well, he is the chair of the RCO.

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He's speaking about a survey that he sent out that didn't share with us, and it's clearly hearsay.

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He's the RCO. It's not hearsay at all, Mr. Chairman.

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It certainly is.

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It's their process.

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We'll allow that. It's over with.

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Okay. So the main reason that we got was the height at 30% greater than code and concerns about setting precedent.

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At the April CBA meeting, the applicants referenced a couple other tall buildings, which they did today, Bridgeview Place and the Chocolate Works as the reason why building to 85 feet is not a big deal.

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But these other buildings can't be just pointed to as just being taller, as if they're some sort of similar example, when their age and historic character can't be replicated.

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These buildings are historic factory conversions built before the modern zoning code, but even so, they conform to the current code when it comes to lot coverage.

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So while they may be rather large, tall buildings, they don't overwhelm the lot.

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they pointed out that you know no one in our area is building higher than 65 feet so this

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isn't going to set a precedent but until variances are first given and we're talking three there is

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no precedent that others will surely cite we have several sites that are primed for redevelopment

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we know that it's second and callow hill national properties is using every bonus available to build

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to 244 feet by right.

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Now it's a new developing area, it's not historic,

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but it's two blocks away.

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In 2008, right before the Great Recession,

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there was a variance application for a 21-story building

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within our boundaries at 5th and Wood Street.

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So it's very likely that developers are gonna continue

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to look for maximizing their investment by building higher.

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So this building may very well set the precedent

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in our historic neighborhood.

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There were concerns about increased congestion, density, traffic issues, with a building containing

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25 or so more units and building to code.

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The 200 block of Vine Street's two-way street, which is actually a surprise to many people,

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It gets a lot of traffic in the morning rush hour because it's a block from the Calahoe exit of 95.

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it gets a lot of traffic in the morning rush hour because it's a block from the Calahoga.

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New streets one way with one way plane of traffic.

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And while there certainly will be move-ins, move-outs, deliveries with whatever's built, there's going to be more with these increased units.

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And they have no provisions for any kind of loading zones in this project.

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Some of the issues raised aren't really relevant.

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Loss of view, difficulty with parking.

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the people who have properties that back onto Bondean Street, they will testify when they're out.

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Excuse me, when they're out. I have a real problem, and it was brought up by Mr. Jan Polsky.

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Real concerns about the Mosaic surviving demolition. These variants are being sought

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solely predicated as Isaiah Mosaic being on the site. We already know it's in poor condition.

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There's two reports that were.

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Objection to those reports, Mr. Chairman.

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They were in a different form and they're not presented as evidence in this here.

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These reports were from the Preservation Committee on Preservation and Historical Commission.

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And they had two experts, John Carr, a highly regarded architectural conservator.

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And then there was also an engineering firm, Joseph B. Callahan.

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Both of them surveyed the facade.

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Again, my objection, Mr. Chairman, is to be on hearsay.

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These reports will be entered into evidence at the appropriate time.

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They're at a different forum, and the people who perform them, as far as I know, aren't here to testify about them.

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Are they here to testify, Vern?

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Not as part of my witness list, but they very well may be.

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And Chairman Harry Cook here, if those were submitted and entered into evidence at another tribunal, they are records of the city of Philadelphia and admissible here.

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They're hearsay, Mr. Chairman.

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They're official records.

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They're not official records.

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They were just evidence submitted to a different forum.

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Yes, and that is part of the record.

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They're still hearsay.

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And it's official.

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It's not official.

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There's nothing official.

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And everyone had an opportunity to cross-examine at that point.

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Objection, objection, objection.

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Excuse me, this is Sharon.

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There is no right to cross-examine at the Historical Commission.

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It is a quasi-legislated body, not a quasi-judicial board.

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So where does that lead me as far as my testimony?

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You can proceed.

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Okay.

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Okay. So I did send a two-page letter to the board yesterday, so I'll try and summarize. Both Mr. Carr and Joseph Callahan assessed the mosaic and gave it a much worse assessment than the Magic Gardens.

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I'm a continuing objection, Mr. Chairman. It's noted, right?

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It's hearsay.

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Can I continue or do you want me to move on?

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It's hearsay.

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Okay, I will move on just to say that the entire building has been shrouded for over two years now, not without reason.

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The property has failed three L&I inspections since 2018.

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Now, neither of these evaluations nor the Magic Gardens evaluation report take into account the removal of the roof system and the demolition.

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since too much of this is hearsay,

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the only mosaic assessment that the 260 page packet has

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is an evaluation repair plan from the Magic Gardens.

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Calls from 8-0-0 service.

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Anybody has a phone on?

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Okay.

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Sorry about that.

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Whoever it was, please silence your name.

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Please proceed, sir.

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Robert?

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I think he muted himself, Mr. Chairman.

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I'm not sure if that was on purpose, but...

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I'm sorry.

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Please unmute yourself, Bob.

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There you go.

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Okay, sorry about that.

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What I was going to say is that the Painted Bride

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pretty much rejected the Magic Gardens repair plan,

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saying that they didn't feel...

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Again, that was in a totally different forum,

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in a different sort of circumstances.

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Fine. Then I will move on. The Magic Gardens has a repair plan. However, the credentials of the people who did that plan.

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Objection. Emily Smith testified and they could have cross-examined her and they chose.

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Fine. And I will go on. In Exhibit 13, which is the agreement between Groom Investment and the Magic Gardens to preserve the skin, Section 6C, Groom Investments can effectively take control of repair of the mosaic if the Magic Garden doesn't have the funds, it takes too long.

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Fine. Then I will go on. In Exhibit 13.

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So my question, and it's a rhetorical, because I'm not expecting a reply, is what would that look like?

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Would it still be considered an Isaiah Mosaic if Grun did large-scale research?

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Mr. Chair, and Ms. Smith testified, Ms. Zaykin testified, and they were subject to cross-examination, and nobody asked them any questions.

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Sorry, I do have a question for you.

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What are the boundaries of Ben Franklin Bridge North?

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So we are between the Ben Franklin Bridge and Callow Hill Street, I-95 and 6th.

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But you're on the north side of the Ben Franklin Bridge, correct?

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That's correct.

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Do you know if your RCO participated in any of the discussions about the development that was built at second and race?

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No, not that I know of, but I understand that there was a special overlay for that development, and that overlay ends at New Street.

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Thank you.

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Bob, do you have anything else to add?

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Yeah, I'll try and be brief.

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We're very concerned that we're going to have an 85-foot building, 100% of the lot, and that when everything's said and done, we may have a mosaic that's been damaged beyond repair.

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many in the city may be disappointed if that happens but they're not the ones living with

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an overlarge building with at best some generic replacement this project's been presented to us

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and to the board as two options 85 foot buildings 74 units or demolition and townhouses take it or

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leave it we've been open from the beginning to a third option something that could preserve the

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mosaic, or at least most of it, but is at least closer to the zoning code. We presented a number

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of ideas for discussion. They were dismissed. We're willing to compromise, but we've seen

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zero flexibility from the developer's side. We've asked for reasonable assurances if variants are

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granted that the mosaic survives, including increasing the amount in escrow. This was also

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turned down. You feel like the mosaic is being hostage. It's a wonderful work of art, but it's

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not historic. There are some 220 other mosaics by Isaiah Zagar around the city. Other murals,

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some by well-known artists, have not been given special dispensation and neither should this one.

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Many people in the city and elsewhere are interested in this case, but ultimately whatever

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does get built, it's our neighborhood and the people on Vine and Bodine Street who will have

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to live with the results. Thank you. Bob, I just have a question. You see on the screen the

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the as-of-right 16 housing units that the applicant secured permits for. Is that right?

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Yes.

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Are you pleased with this proposed development that the applicant initially submitted?

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Yeah, it would be very nice. We have both townhouses and multifamily residential

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buildings in our neighborhood. It's a nice mix.

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In fact, you have them on that particular block. Is that correct?

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Yes, and there's going to be new ones at the end of the block at 2nd and Vine Street.

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11 new townhouses are planned.

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Right.

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And you were here for when we went through the aerial shot of all the taller buildings in the immediate area of Franklin Bridge,

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including the one that's not part of your RCO boundary that's just south of the bridge.

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You remember when we were pointing those out?

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Sure.

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Okay.

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Are any of those properties on this particular block?

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No, they're not.

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Okay.

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Okay.

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Very good.

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I have nothing further.

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Yeah, I just have one more question that you refresh my memory.

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How many, you said you had a meeting and how many people voted in favor of 16?

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No, it was 17 opposed, six in favor.

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One, no, no position.

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Okay.

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Backwards.

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Thank you.

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Bob, one more point of clarity, Bob, you are aware that

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councilman mark squilla opposes this variance request is that right yes we we had been in

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contact him from back in december or january when we first heard about it we raised some concerns

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and we recently talked to their office just last week and he sent a letter of opposition

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that's correct so no do we have that in the record that councilman school did send the letter

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of opposition. And Representative Mary Isaacson, Bob, you are aware that she also, she too opposes

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this granting of the variance, is that right? That's my understanding. Okay, yeah, very good.

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That's my understanding.

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Okay.

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Yeah, very good.

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Thank you.

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Thank you, nothing further.

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Nothing further.

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Any questions for this witness from the board?

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No.

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Mr. Marioni?

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Yes, Mr. Chairman.

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I just have a couple of questions for Mr. Gamankin.

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Are you aware, Mr. Marioni, one of the concerns that you expressed was that if we get a variance here, that everybody around will get variances for hygiene.

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