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Hearing video

ZBA Hearing - October 21, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 21, 20206h 33m

Okay, hold on.

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Just a second.

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I'm sorry, Leonard.

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I wanted to pause so that you can get this matter done.

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No, that's okay.

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I appreciate that.

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Thank you very much.

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Leonard has another appointment.

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No, that's okay.

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I appreciate it.

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So anyway, this, as you're probably aware, the Zoning Board passed a regulation or adopted a regulation back on June 22nd.

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That was the regulation that essentially reopened the Zoning Board and also allowed for certain timings with respect to RCO meetings

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and whatnot to take place so that regulation expired so we need to basically adjust some of

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the language so that we can move forward again with it and I'm just going to read it into the

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record and I'm seeing that unfortunately there's a typo here but I'm going to read in read it in

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with the correction and make sure that you have that so it's zoning board of adjustment emergency

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regulations regarding public hearing notice requirements for zoning hearings and other

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related matters. On March 22, 2020, as part of a series of emergency declarations and orders,

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the mayor and health commissioner issued an emergency order temporarily prohibiting operation

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of non-essential businesses to prevent the spread of COVID-19, quote, emergency order, unquote,

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which was approved as a regulation of the Board of Health on March 26, 2020, effective March 27,

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of 2020 as this next paragraph is part of a series of emergency declarations and orders

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the mayor and health commissioner determined on may 29th 2020 that philadelphia could move to

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the commonwealth's yellow phase with additional philadelphia specific restrictions that would

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apply in addition to restrictions established by the governor including limitations on outdoor dining

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and to implement that decision executed an order entitled emergency order allowing limited reopening

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of businesses advising philadelphians that they are safer at home and establishing safety measures

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to prevent the spread of 2019 novel coronavirus, COVID-19.

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Yellow phase of reopening to become implemented,

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that decision effective on the date determined by the governor

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and the city of Philadelphia should move into the yellow phase on June 5th, 2020.

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On June 22nd, 2020, the Planning Commission adopted an emergency regulation

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regarding public meeting notice requirements for zoning hearings

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and other related matters.

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Pursuant to its powers is set forth in section 8-407 of the Philadelphia Home Rule Charter and subsection 14-103 sub 4 sub B of the Philadelphia Zoning Code.

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The Zoning Board of Adjustment hereby amends its June 22nd, 2020 emergency regulations regarding public meeting notice requirements for zoning hearings and other related matters as follows.

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uh affected period quote so what we're doing is uh this is an aside we're we're amending that prior

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uh regulation by changing some of the dates um so affected period in quotation marks

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means this is section one of that regulations being amended so affected period means the period

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beginning on march 13 2020 through january 31st 2021 unless further extended uh by the zoning board

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January 31st, 2021, unless further extended by the Zoning Board.

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So that previously ended September 30th, so that's what we're basically extending to January 31st, 2021.

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The Board's emergency regulation of March 18, 2020 is hereby repealed and replaced as follows.

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For all matters where the appeal deadline would have fallen between March 13, 2020 and June 22, 2020,

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notwithstanding the board's emergency regulation of march 18th 2020 the deadline for filing an

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appeal is deemed to have been july 6th 2020 so yeah but last time there was a whole thing

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the night we went to use it it was gone i'm sorry that was someone who unmuted themselves

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okay you can continue uh for all matters where the appeal deadline falls on a date on or after

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June 22nd, 2020, the appeal deadline shall be a set forth in the zoning code, and that's the end

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of the sentence. We had given them an additional 14 days, but since June 22nd, which is when you

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all basically restarted, there's no reason to give people that additional time. So everybody is now

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on the same timeline that's set forth in the code. Based on the mayor's March 11, 2020 declaration of

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extraordinary circumstance that allows regulations related to addressing the pandemic

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to become effective immediately upon transmission to the department of records this emergency

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regulation shall be effective immediately so i'm gonna

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if you have any questions just let me know i'm gonna fix the typos but uh i read those in

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the way they should be read in i think that leonard do we does the board need to take a vote on this

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yes okay so we're going to we're going to vote to adopt yes the was that the resolution or

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it's a regulation it's a regulation amending a prior emergency regulation yes all right so i

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move that we the zoning board adopt a regulation that had been previously correct me from wrong

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leonard um previously adopted yes this would be an emergency regulation um

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um uh regarding uh you know the you could just say we move to adopt the regulation just read

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into the record by mr just read into the record by yeah that would work yes all right all right

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so i move that the board adopt the regulations that have just been read into the record by

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leonard reuter of the law department

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i get a second i second second favor aye all right we're adopted

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uh thank you leonard thank thank you very much and i'll make sure that sharon also gets the

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typo corrected copy so thank you very much thank you thank you uh before we begin with

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this hearing I'm going to reach out to the stenographer again would you like to have a few

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minute break um yes okay all right everyone we're going to take a 10 minute break

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if you're back if you're back before 10 we'll start don't rush take your time

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Take your time.

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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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Thank you.

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Thank you.

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Thank you.

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Thank you.

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I'm ready.

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Although other people may not be.

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okay uh are we back on yes is everyone ready to proceed

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thank you and uh yep again uh i understand there's still a number of people who want to

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want to be heard we appreciate their waiting and their patience we just ask and i repeat this i'm

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sure after everybody speaks that you uh something new and different um so we'll begin i think the

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last person who was on uh I don't know Todd you probably have a better handle I know it was uh

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was it Miss Fidelli um I don't see her Mr. Oaday we already heard from Mr.

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if you want to be you want to be heard please raise your hand

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i have um susan o if she could be heard next because she has a conflict

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sure good afternoon ma'am please identify yourself with the records by your name and

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and give us your address

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okay miss o your zoom is not compatible at the

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Okay, Ms. O, your Zoom is not compatible at the moment.

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I will promote you to panelists.

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Good afternoon, Ms. O, please unmute yourself.

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Hi, please spell your name for the record.

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Can you guys hear me now?

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Yes.

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My name is Susan Oh, spelled S-U-S-A-N-O-H. I live at 108 Nihon Avenue.

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And you swear and affirm to tell the truth, the whole truth, and nothing but the truth.

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Yes.

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Thank you. Please proceed.

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So I guess I just wanted to start because we are the adjacent lot to 106.

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I have three very young children, so my concerns are, you know, just to start, such a long extended demolition and upheaval construction site period in such close proximity to our home, with my kids,

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and also the seven adjacent lots and neighbors that would be affecting us for a very long period

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of time. The noise, the dust, the debris, the heavy machinery. These are all things that pose

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different levels of threat to not just our livelihood, but our day-to-day lives.

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Over at best, a very optional construction. None of this is mandatory or necessary.

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And myself, our block captain, many neighbors, we've over the past two weeks since we had our community meeting October 7th with the architecture firm, we've been going door to door and it's a pretty, it's a unanimous voice that we just really want this variance denied.

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Thank you.

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and um you know we we just have lots of we wonder why such um radical development projects

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are rarely seen in our very close neighbors in chestnut hill even closer two blocks west where

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there's far more land and i understand that with all due respect we're actually need this we need

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to focus on this proposal not compared to other neighborhoods i understand thank you for bringing

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back um and i'm able to share my screen because i just want to show everyone

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please advise what you're sharing um this is the current view of pleasant street

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and this is a lot of the we don't have it yet

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they're just they're photo of the current street

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um oh am i not able to share

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okay

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um so this is a lot of the tree canopy and green space that we would be losing to an optional

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construction decision um as you heard i'm not sure if you heard from kelly's presentation but

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the philadelphia minimum tree canopy for each neighborhood is 30 east mount airy is already

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way below the minimum of 19.1 percent and this would just be

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um a devastating loss of tree canopy and green space on our street that is very little left as it

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is oh are you the picture you're showing now are you to the left or to the right you're to the left

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i'm to the left yes okay thank you and we did already discuss all the um just the dangers of

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during construction and also after with the driveway we have a very busy pedestrian street

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lots of children um and the traffic would be due to residents not even living on mehant on our street

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which we don't see

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why that should even be.

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Also

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Mr. Softee truck again.

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All right.

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Okay.

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I'm sorry.

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That's okay.

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So we do see these as very imminent threats to many, many people during construction, after construction.

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So we do see these

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as very imminent

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These would be permanent devastating damages to us as a community just within our block.

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So I'm only speaking on behalf of me, Anne.

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and uh we're really really asking unanimously as a as a street to please

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deny this variance i understand you

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you're about to say oh no that that was it thank you could you actually announce

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one more time how to raise your hand through your phone um no you can contact us for that

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information miss uh tanya real quick uh are there more uh people to testify yeah position yes we

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think this case been uh we've been hearing this case for over an hour i think in the limit was

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an hour if i'm not mistaken yes you're correct chair and we have that goes to show how important

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Susan, please do not speak unless directed by the chair.

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Thank you.

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I think our best bet is to probably continue this case.

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I actually had a sidebar, not to interrupt your confession, with Sharon about that.

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I just think there are a couple of things I'd like to get done before we do.

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I think we may have to continue this.

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I'm not sure.

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i uh could rachel could you pull up the uh artist renditions showing pleasant street again please

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the the artist rendition well the rendition i'm sorry the uh oh scott can you pull up

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the renderings no it's okay artist rendition all right i need a break no i yeah all right

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so you got one two three four nine nine houses here correct eight here and one on mehan nine

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counting mehan correct uh what was the reason why you decided to use the property on mehan street as

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the driveway into the rear of these properties on pleasant as opposed to as an example

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taking maybe

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this property here to the left

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not building on that

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and making that the area of ingress and egress

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to get to the rear

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if that's feasible

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Sure, Scott can

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Yeah, sure

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I can see that a little bit more

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And you can still build a house on Meehan Street

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Yep

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But you wouldn't have the driveway

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and that's what I'm trying to figure out

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So Meehan

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is a one-way going this way. Pleasant Street is a one-way going this way, and then Musgrave

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is here, so we're about three in from this direction. Let me actually pull up. It's a

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little bit easier if we see it through this. John, if you can speak a little more clearly

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into your microphone you're a little sorry um so a lot of uh vehicular traffic uh if you will

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most likely is coming from the commercial corridor on germantown ave um and or the other main artery

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which is through the neighborhood is uh you know gorges lane so coming down through either mehan

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or Gorgas to Musgrave and then into development made the most amount of sense with the vehicular

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traffic getting in and out. That was our rationale in putting the drive aisle on this side specifically.

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It just seemed like the better location. There was also more curb cuts on Meehan than Pleasant

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Street. So Pleasant Street, there's really no curb cuts at all on the block. And there seemed

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to be a more substantial parking issue on the Pleasant Street side than there was on Meehan

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Avenue. So our rationale was that the curb cut would be better served on a block that had more

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curb cuts, as well as it has less of a parking issue on the street. I can appreciate that. I'm

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just again what is the width of the 106 pleasant and the driveway combined 28 feet 28 feet

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28.09 for 28.09 all right um

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Tom anybody have anything to say on the board no I have a concern you say that

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no i have a concern um you say that the uh basements is 70 percent in the ground

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correct correct and we we pushed them down a little bit further because there's a there's

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a height concern that was brought up by the neighborhood um initially but yes currently

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they're they're about 70 into the ground you happen to know what the water table is

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the water table level?

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