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Hearing video

ZBA Hearing - November 14, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 14, 20232h 27m

And Mr. Calendrino intends to adhere to the specific regulations in the condominium documents.

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Okay, thank you.

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Mr. Marcus, did you hear that?

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I did.

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Can I just ask just one or two more follow-ups?

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Please.

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Thank you.

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So can you just, Mr. Monroe, just help us understand in terms of you indicated that the trash will be kept internally.

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How much trash, how often will the trash pickup be if it's being kept internally and how you'll be dealing with things like pest control?

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Those are probably questions that Mr. Calendrino could answer with more specificity than I can, but those are questions that came up with the RCO, and we did address that.

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And Mr. Calendrino, if you're still on, if you can answer the question about frequency of the trash pickup and storage, as well as whether you intend to engage in any pass to rodent.

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okay um i'm here can everyone hear me we can yes mr marcus can i just get a clarification

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who do you represent i represent national and old city condominium okay okay come on listen listen

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to me i if you can answer the questions and let's not question the attorney okay

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Okay. I'm on the condo board, and I just wasn't aware that he was retained to be on this board.

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All I want to do is could you answer the question about the trash?

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Yeah, I mean, the trash is held internally. There is a private hauler for the community.

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If need be, additional totes would be added at the operator's expense, which would be us.

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And the pest control?

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Well, pest control, I mean, whatever is necessary, we'll do as far as pest control.

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I mean, there is pest control that is run by the condo association that is paid for by the condo fees.

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But whatever additional pest control measures need to be taken, so there aren't any pests on the premises, will be taken.

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I have no desire to have any pests at the location any more so than anyone else would.

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Is there anyone else in the virtual audience?

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Is there anyone else in the virtual audience?

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I see no hands.

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Planning Commission.

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Thank you, Chairman, and good morning.

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David Effecto, F-E-C-T-E-A-U, with the City Planning Commission.

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Do you swear or affirm the total truth, the whole truth, and nothing but the truth?

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Yes, sir, I do.

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uh please proceed thank you thank you sir uh chairman and board members the comprehensive

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plan recommends no change to the commercial mixed use zoning at this location the appellant has

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shown that a sit-down restaurant will have no detrimental impacts beyond what might be expected

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and so the city planning commission recommends to the board grant the proposed special exception

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for a sit-down restaurant. Thank you. MI 2023, 004-726-113, Red Street, number 3F1, I vote yes.

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Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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El-Shahid, my vote is yes. Thank you, counsel. Thank you.

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We're going to move to number six, MI 2023, 004-507-900 Wise Mill Road, Meredith Trego is the attorney. There's a letter of support from the Chestnut Hill Community Association, a letter of support from the Chestnut Hill Conservancy, and a letter, an applicant also provided two form letters of support from neighbors.

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Meredith has been promoted to panelists.

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Good morning, counsel.

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Good morning.

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Hi.

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Could you please state your name and spell for the court stenographer?

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Sure.

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My name is Meredith Trego with Ballard Spahr.

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My name is spelled M-E-R-E-D-I-T-H.

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Last name is Trego, T-R-E-G-O.

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We are here on behalf of Friends of the Wissahickon,

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operator of the Wissahickon Valley Park,

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as well as the Fairmont Park Commission,

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owner of the property at 900 wise is an obligation right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth i do our vice chair has just a few questions

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good morning counsel do you agree to weigh the reading of the refusal and stipulate towards

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accuracy i do have you emailed in all the required documents and exhibits that is needed to proceed

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with this case five days in advance yes thank you um please proceed and share your screen

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Great. Can everyone see that? Yes. Thank you. Mr. Chairman, members of the board,

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we are here today with a request for a variance for the disturbance of steep slopes within the

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Wissahickon Valley Park. We want to note up front that the proposed steep slope disturbance is

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actually intended to improve the existing steep slope conditions and remedy the erosion and

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sedimentation in the Valley Green Run. We are here with the project team, including Ruffian

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Tittman, who's the executive director of the Friends of the Wissiken, as well as our project

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engineer, Mr. Calvin Bush, from Skelly and Lloyd. Friends of the Wissiken, just a little bit of

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background, is the official park partner with the Philadelphia Parks and Recreation. They've helped

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to conserve and improve the 1,800-acre Wissiken Valley Park since 1924. Its staff and volunteers

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work to help mitigate stormwater runoff into the watershed, reduce erosion, and otherwise

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maintain and improve this important park asset in Philadelphia. I'm looking at our exhibit two,

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which shows maps of the project area. So Valley Green Run is a small stream located east of the

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Wissican Creek. It runs parallel to Valley Green Road. So the Valley Green Run is in this red box

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over here, and the white line is the road. The subject of this appeal involves the first phase

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of this proposed Valley Green Run restoration project, which will reconstruct the Valley

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Green Run stream bank and stream bed to address years of storm-induced erosion. Ultimately,

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there will be a second phase of the restoration project, although it's not the subject of today's

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hearing, but just for your information, that second phase will involve the construction

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of a new pedestrian bridge that will allow pedestrians to access this very popular area

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of the park. Looking at some existing conditions, a primary purpose of the project is to remedy

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the erosion issues that have been created by the naturally occurring steep slopes in this project

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area. And so although the project aims to improve the steep slope condition and remedy,

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And so although the project aims to improve the steep slope condition and remedy the problems, the mere existence of these naturally occurring steep slopes are what have triggered the need for a variance.

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Section 14702 or 7042 of the zoning code prohibits any disturbance at all of steep slopes over 25 percent.

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So, we have filed all of our required exhibits and information with the board, and our exhibit packet includes information about the need for the variance, as well as an earth moving plan as required in Exhibit 6 that shows the extent of the steep slope disturbance, as well as the required affidavit from a project engineer detailing compliance with the variance standards shown in Exhibit 6A.

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Friends of the Wisikin has received widespread support from the community for its proposal.

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We are happy to report that we have received letters of support from the coordinating RCO,

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which is the Chestnut Hill Community Association, as well as from the Chestnut Hill Conservancy,

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and two near neighbors of the project located upstream from the project area.

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And those are all contained in Exhibits 15A through D of our packet.

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To document our record for the appeal, we would like to just briefly

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have Ruffian Tittman, who's the executive director of Friends, as well as our project engineer,

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Calvin Bush, speak briefly to just introduce their testimony. I just want to relay a few

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facts about the property. So the project area, going back to this red box, is roughly 23,000

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square feet in size. It's located within and surrounding the Valley Green Run Stream,

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which is adjacent to the Valley Green Road. The project is zoned SPPOA for parks and open space

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right here. And the project area consists of wooded parkland, which includes a variety of

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landscaping trees and moderate to steep slopes. Essentially, I mean, really due to the properties

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topography and the existing steep slope condition, strict compliance with the requirements of the

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zoning code would be an unnecessary hardship. Without a variance, friends with Alyssa Hicken

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cannot undertake this very important stream bank restoration project, and the condition of the

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existing stream bed and stream banks will only continue to worsen over time. No action by the

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applicant has caused or created these circumstances. Consequently, we note that the proposed

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project meets all of the variance criteria contained in section 143038 of the zoning code,

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including that the variance will not injure the use of adjacent property or impair adequate supply

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of light or air to the adjacent property. The variance will not create any significant

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environmental damage or erosion, and as we will hear from our project engineer, will in fact

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improve the condition of the property. The variance will not alter the essential character

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of the neighborhood and will not be detrimental to the public welfare. In fact, this project will

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be a benefit to the community by improving the condition of this stream bank and stream bed.

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And lastly, there are no physical circumstances or conditions that, or there are unique physical

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circumstances that prevent the property from being used in strict conformance with the zoning code.

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I'd like to elevate Ruffian Tipman, the executive director.

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Counsel, why don't we do this? Why don't we have the head of the Wissahickon come on and adopt your testimony? I think your photos and your maps have really laid out what the issue is. And then one is the engineer to be available to answer any questions from the board or anyone else who has. But I think at this point, why don't you bring the head of the Wissahickon on and adopt your testimony?

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Thank you. I'd like to elevate Ruffian Tittman, Executive Director, to a panelist, please.

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they have been promoted good morning could you state your name please and spell for the court

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sonographer

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good morning good morning hi could you state your name and spell for the court sonographer please

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ruffian tippman r-u-f-f-i-a-n last name tippman t-i-t-t-m-a-n-n great do you swear or affirm

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to tell the truth the whole truth and nothing but the truth i do proceed counsel great uh thank you

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miss tippman did you hear my description of the project and the existing conditions um and would

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you agree that it is true and accurate i did and yes and would you adopt it as your own testimony

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yes thank you questions from the board no mr chair questions or comments

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no mr chair questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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i see no hands planning commission thank you chair bergman and good morning david effecta

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with the city planning commission chairman and board members the comprehensive plan

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recommends no change to the special purpose open space zoning at this location the appellant

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submitted an earth moving plan which the city planning commission staff has reviewed the

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appellant has shown that the proposed earth disturbance on slopes greater than 25 percent

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is the minimum needed to afford relief and so the city planning commission recommends the board

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grant the proposed dimensional variance to allow for a stream bank restoration project thank you

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So MI 2023-004-507-900 Wise Mill Road, I vote yes.

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Excuse me.

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Sorry, Mr. Chairman.

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Would you like to hear from our engineer?

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I think you've made your case very well and explained it.

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What I had mentioned was if anyone had any questions, the engineer would be available.

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So we're fine.

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We're fine.

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So MI 2023, 004-507-900, Wise Mill Road.

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I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Mahid, my vote is yes.

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Thank you, counsel.

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Thank you.

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I would just also like to move applicants' exhibits 1323.

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Absolutely.

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They're all moved in.

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Wonderful.

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Thank you.

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Thank you very much.

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Have a great time.

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Bye.

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We're going to go to number five.

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So MI 2022-007-347-224-230 West Tulpa, Hawkins Street.

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Michael Phillips is the attorney.

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Also, Steve Masters is an attorney involved in this.

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and i believe that maggie white will represent the first witness that'll that'll be involved so

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will all three come on please good morning mr chair members of the uh

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mr phillips could you state your name and spell please for the court stenographer

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michael phillips claire harris and harvey bransburg that's p-h-i-l-l-i-p-s

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1835 Market Street, Suite 1400,

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WPA 19103 here on behalf of the applicant

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Topahawken Mansion, LLC.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do. Mr. Masters, could you please state your name and spell for the

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court's sonographer? Good morning, Mr. Chair, members of the board,

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Steve Masters, S-T-E-V-E, M-A-S-T-E-R-S.

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right do you swear for him to tell the truth the whole truth nothing but the truth

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i do maggie white please state your name and spell for the court sonographer

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maggie white m-a-g-g-y-w-h-i-t-e for the city of philadelphia

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do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do okay and i i believe mr masters i think you've had some conversations

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with our attorney. And I believe we're going to go to the testimony of Robert Montanez.

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Is that correct? Yes, that is correct. Okay. So, Mr. Montanez, Richard Montanez.

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I can confirm he is on. He just let me know. So,

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Could you promote him to panel so that we could see him?

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We will.

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Alright, he's actually on a panelist now.

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If you could put your camera on, Mr. Montanus.

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Good morning. Good morning, Mr. Montanus.

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Could you state your name, please, and spell for the court stenographer?

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Sure. Richard Montanis, R-I-C-H-A-R-D-M-O-N-T-A-N-E-Z.

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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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Mr. Masters?

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Thank you, Mr. Chair. I'm going to share my screen.

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all right um mr montanez i am we are now looking at tab 15 of the

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We are now looking at tab 15 of the applicant's exhibits, Mr. Bilby's exhibits.

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Can you confirm if this is the streets department approval of this project's proposed parking and curb cuts?

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It is a streets department eclipse approval.

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Okay.

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Part of the letter.

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And is this a copy, Mr. Montanez, of the streets department's review of the proposed right-of-way or the plans that were submitted to the streets department?

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I would have to see that stamp, the blue stamp says streets department.

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That would show that we reviewed it and it's the plan submitted to us.

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I'm trying to make it bigger.

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It's really bad.

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I think, wow, we really got to work on that.

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Division of Highways Right-of-Way Unit, so final approval site.

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So, yes, this is the one we approved.

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Okay.

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