civus
Hearing video

ZBA Hearing - June 9, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 9, 20216h 56m

blaring all day long seven days a week with traffic people sitting at that corner right now

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before this project is just unbelievable it's increased over the years i've been here for 54

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years uh and it does uh go against the city plan i believe the comprehensive plan i think nobody

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would want to create a more dense neighborhood in the city and unlivable if they could possibly do

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it and it would be in the and the disharmony of the spirit of the zoning code it would increase

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like i said congestion and uh everything else with the general criteria and as far as the project

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goes he pointed out that in the 2600 block of york street they just did a uh a project with

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all those units that was a buy right project there's nothing there could be done and that's

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not as populated down there at that intersection as it is up here as far as the community goes.

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And this would just completely alter, continue to alter the neighborhood from RS5 single family

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residential homes, which has been in place for 200 years, 200 years of history of this. And now

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we're being dumped on with all these high rise, severely dense projects, which just brings so

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many more people in this area and as far as everybody pointing out that yeah we got a bike

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rack here that'll hold 25 bikes i'm 50 58 years old with serious health problems and all of us

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elderly people in this community feel that we're being forced out and it's discriminatory because

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our bike riding days are over with we rely on getting the medical appointments by transportation

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by vehicles we can't drive in this area anymore because of the density we can't park anymore in

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this area because of the density and and that we believe is discriminatory against the elderly

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disabled people in this area how city the city you've got his own boards are letting all this

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happen in these neighborhoods where you're just coming in and steamrolling over top of us

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elderly people it's wrong

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I'm finished

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thank you

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did we ever get the letter

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from the RCO Mr. Phillips

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yes it's in the packet my notation said no but do we have it jaron they just i think they just sent

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yes

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it's in the packet

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my notation said no but

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it late uh yesterday um we may but it wasn't included at the point that we did the summary

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so i'll look for it now anyone else to testify in this case please first please identify yourself

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chair we have a mr monroe mr monroe you can unmute yourself and speak

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Good afternoon, Mr. Monroe. Please spell your full name and I'll swear you in.

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Good afternoon, Chairman DiCicco, Matt Monroe. I'm appearing on behalf of the Residents at Gaul Civic Association. I'm sorry, Homeowners Association.

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What is the name of that?

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It's the Residents at Gaul Owners Association.

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G-A-U-L?

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G-A-U-L, yes.

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Oh, okay.

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As in Gaul Street.

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

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I do.

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please proceed uh chairman to chico members of board i know it's been a long day so i'll just

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try to cut to the chase i do have a legal memo that i've submitted on behalf of the um uh of the

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uh uh residents at golf uh uh owners association uh but just briefly uh mr phillips is correct

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we've been uh talking with him in the residents at gall they are the uh townhomes that are

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immediately to the rear of this property.

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Just wanna go over some of the primary code-based issues

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that I think where we differ from the applicant

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and believe that the density that's requested

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is like the Fishtown Civics,

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or Fishtown Neighborhood Association.

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We agree that the density in this case

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that is sought is excessive.

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The building, the RSA private property,

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if you took these two lots and consolidated them, there's enough square footage that you could have

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three single family row homes as of right. We understand that sometimes variants are requested,

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required. And in fact, the, the homeowners association that we're talking about

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did obtain some variances as Mr. Phillips noted for rear yard. And they're also adding some,

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parking. But in this case, even crediting the argument that the property should be zoned as

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some sort of multifamily like RM1 or CMX2, we disagree with the representation that you could

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build 18 units as of right there. Based on the square footage of the lot area, you have less than

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5,000 square feet. We have not seen a requested site plan, so we don't know the exact square

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footage, but we know that it's probably in the neighborhood of about 4,900 square feet or

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something like that. But all told, the maximum number of units that you could get there without

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any bonuses is probably going to be 9 or 10 units, and 18 is above that. Because the parcel

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uh the combined parcels are less than 5 000 square feet um under the code you couldn't get a green

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roof bonus uh because you have to have uh 5 000 square feet of earth disturbance area in order to

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qualify for the bonus before you could get the green roof bonus um and in any event the green

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proof the green roof that was proposed at the last fishtown neighborhood association meeting that we

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saw uh was uh provided for a 20 green roof uh and if you're if you're asking for the green roof bonus

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uh you have to provide a minimum of a 60 green roof so that that's uh significantly less um and

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then similarly for the uh affordable units uh the the proposals is laudable however it's it's

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unenforceable as proposed. I think that the applicant had previously proposed doing the

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affordable units by community benefits agreement. A CBA would be enforceable only by the Fishtown

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Neighborhood Association. So if there wasn't, if they didn't do what they said they were going to

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do, they'd have to have somebody standing withstanding to sue them. If they were going to

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do something like this uh you know it would need to be uh reduced to a recordable instrument uh

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that the planning commission an agreement with the planning commission uh that could be recorded

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like a deed containing specific conditions uh that the city can enforce against the development and

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that's under section 147027b of the code um i do have uh two of uh my clients here one is mike

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Two of my clients here, one is Mike Baruch, who is an owner in the Homeowners Association,

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Baruch, who is an owner and the homeowner.

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and then Mike Gilpatrick is the president of the Homeowners Association. I'm not sure if he's able

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to make the call. He's a military pilot and has been traveling. He's in the Air Force. He was

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getting back from a trip earlier today. I'm not sure if he's on, but I do have Mike Baruch on the

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call but uh just want to quickly summarize a lot of the the changes that were um made absolutely

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the height was was was an issue um the the the commercial on the ground floor my clients weren't

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completely opposed to commercial on the ground floor uh they they did have concerns about the

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entranceway being on belgrade because it's a it's a narrow street that bottlenecks uh right there at

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York, especially in the morning. So they had concerns about that. But with the increased

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density, they have concerns that especially now when everybody's ordering everything online and

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constantly getting deliveries from Grubhub and Amazon and DoorDash or whatever, in order to

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access the building, you're effectively creating a traffic loop down Gall Street and then around

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and then up to Belgrade so now with the entrance on York that might reduce some of that additional

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bottleneck but with with 25 units you know which will have multiple inhabitants and then their

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visitors this is simply too dense for this parcel. I think my client had proposed making an offer to

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grant an easement to the developer to use their drive aisle so they could develop single-family

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row homes, single-family townhomes. They would have even, as I noted before, RSA 5, you could

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get three here as of right. And my client said they would support an application for

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an additional unit for four if they wanted to just build as of right. But with that,

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there there does not seem to be a uh a hardship imposed by the code uh on the on the property

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and um and if uh mike baruch is on the call i would simply ask him to to raise his hand

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electronically and um so he can state his name for the record and uh adopt any of the factual

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statements that i've made available

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Are you there, Mike?

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Baruch?

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Baruch?

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Mr. Baruch, you can unmute yourself and speak.

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Please spell your full name, and I'll swear you in.

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Michael Baruch, M-I-C-H-A-E-L-B-O-R-U-C-H.

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Mr. Baruch, you're breaking up.

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Did you spell your last name again?

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B-O-R-U-C-H.

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

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I do.

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Please proceed, Mr. Monroe.

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All right, Mr. Baruch, can you just tell me, what is your address?

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It is 2123 Gall Street.

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And are you part of the Homeowners Association?

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I am.

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And what is that Homeowners Association?

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It is the residences at Gall.

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And how long have you lived there?

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Going on two years.

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And were you present at some of the Fishtown Neighborhood Association meetings that were referenced?

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Yes.

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And did you hear the factual statements that I made on the record?

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Yes.

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Were they accurate?

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Yes.

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Pardon the interruption.

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Carol, I'll be back in three minutes.

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um and do you adopt them as your testimony i do uh and uh mr bruce i guess is there is

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there anything else that uh that i um that i didn't cover that you would like to add

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to the record um no you you covered everything very well okay and is uh is mike gilpatrick

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uh on the line matt uh i just wanted to clarify uh i said my address backwards it's two three two

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one gulf street not 21 got it thank you thank you before we get to uh whether mr gilpatrick

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uh is online it is available i have some questions for mr baruch on cross

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and excuse me this is sharon can i interrupt for just one minute to say that i

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I've looked through both the original and the revised exhibit packet and

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looked through both the original and the revised exhibit packet and couldn't find the RCO letter

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they may have submitted it to the board and just not copied me they often don't

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I can uh I can email that to you right now okay thank you

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and Matt if you'll just indulge me for one moment while I just email it to uh Sharon

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mr phillips that's the fishtown neighbors association yeah okay are there any more

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witnesses um i will have questions uh on cross for uh uh mr baruch okay great

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all right all right sorry about that excuse the interruption uh i did not hear sharon's

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testimony about the rco letter uh we're we're waiting for michael i just started it okay okay

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thank you sorry it looks like they just sent it to rco zba um and nobody else so thank you

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welcome that often happens and they sent it to my uh former email address though i didn't get it

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until this morning as well um so are they supportive no they uh were in opposition but

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if you know as i said their opposition was also based on the fact that there was no commercial

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ground floor um usage they mentioned the uh type lack of type a accessible unit um but they were

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uh in favor of the affordable components and uh um our decrease in height um so there were some

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positive elements as well if you look closely at the letter thank you

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so i just have some brief cross uh examination for mr baruch um mr baruch are you still there

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yes i am okay uh as you talked earlier you were at uh the uh fna uh meeting earlier this year

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where this project was discussed.

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Is that right?

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Yes.

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And you were

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Mr. Phillips, we're getting

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Mr. Phillips, we're getting feedback.

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I'm not sure if it's from you or

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Mr. Baruch.

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There's an echo.

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All right.

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Phillips, try speaking

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again.

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Test.

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A little bit more than that.

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uh you're still getting the feedback when i'm speaking right now yes can i ask that everyone

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else mute themselves while mr phillip and mr baruch talk you sure can

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i'm making myself unmuted just in case i need to uh pipe in

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okay uh hopefully that addressed it um mr at the at the fna meeting you noted uh your concern

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about what a project like this would do to your property values is that correct yes

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okay uh you noted you said you had paid six hundred thousand dollars for your home

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objection this uh this is outside of the scope of the direct testimony

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it goes to his feelings and sentiments

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that he's expressed at public community meetings,

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which you had already noted that he was at those meetings.

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So I think it's worthwhile to place on the record.

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We'll stipulate that in his opinion,

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he thinks he's now, there's a lot of feedback still.

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We'll stipulate that Mr. Baruch has belief

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that he can sell his house for a certain number it's all speculation at this time um i'll move

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on to the next uh mr bruce you stated that uh you were concerned with the size of the units that we

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were proposing right yes i felt that they were uh all one bedroom units in your last submitted

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proposal uh and that they were exceedingly small mr barouche mr barouche do you have any other

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devices i do not i just have my laptop and okay we're getting feedback i'm just trying to figure

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out where it's coming from i'll move my phone i'll move my phone away from the uh

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all right it's the two o'clock i think that was witching

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all right it's the two o'clock i think that was which yeah i'll i'll make it quick i have just

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a couple more questions uh mr bruce you i believe i have you as quoted as calling uh development

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like this with renters uh at a dormitory or flop objection this is the meeting objection this is

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outside of the scope of of our presentation which was just related to the zoning issues

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sustained okay uh you had objected to the affordable component of this did you not

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objection again this is outside of the scope of our presentation

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your presentation referenced that his attendance at the meetings his testimony at in in representations

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