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Hearing video

ZBA Hearing - November 14, 2023

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

it's it's you know there's unsafe because there's parking on either side of the street i mean we're

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describing the vast majority of the city that there's parking on two sides you know on two

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sides of a of an egress um does it doesn't limit visibility uh significantly no not not in any not

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any more than any other street on the block and i would say that that is a safe uh place to uh for

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ingress and egress although i do believe by right they could expand it to 25 feet uh as mr uh

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martinez said yeah right so uh so they have one room to work with um the last thing i wanted to

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ask you was about mr montanis's um testimony uh as you know the streets department approved those

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the additional curb cuts and the 15 parking spaces um and he claimed in his testimony that they

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that they reviewed all of the appropriate uh policies and regulations including vision zero

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and and uh and complete streets uh what is your what is your opinion uh as to as to whether that's

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actually true uh i feel like they there's nothing documents exactly what they looked like what they

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looked at, I would say that it is a, their review would be kind of like how we used to see it a few

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years ago while we were still trying to convince people to adopt a Vision Zero standard. It's just

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vision zero standard it's just lower standards you know like i said the the obstruction

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lower standards, you know, like I said, the abstract.

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of the telephone pole the width of the sidewalk and of course all the more importantly all the

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curb cuts along that street it's just you know maybe in terms of from narrow engineering

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perspectives it meets their criteria for vehicular safety but in terms of vision zero

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standards, I feel it falls far short. I mean, as far as you know, Mr. Cromey, is there a way

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for the streets department to have evaluated Vision Zero and complete streets without doing

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what you and your colleague did, walking that road, looking at pedestrian and traffic counts

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and evaluating the full context of what's happening on that street? Neighborhood context

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is essential, and looking at the block is essential to understanding whether a particular

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development or intervention is going to increase or reduce safety.

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And as far as you can tell in your experience with the streets department, not just in this

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case, but it appears that you have experience with the streets department on other projects.

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Is that true?

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I do. And I generally I find the streets department has very, very good high standards and does take into account vision zero safety considerations, but it seems like they fell a little short on this one.

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so your your opinion if you wanted to state your opinion to the to the board as to

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uh whether how valid or or how or how well um done the streets department review was i think

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that would be helpful to the board they could know what it is you feel was was done correctly

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and if you have anything that was not done correctly i would say i'm just going to restate

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my objection for the record as to um mr cromey testifying as to what streets department did

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correctly or incorrectly um it's just for the record i understand the board's position that

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they're hearing mr cromey's testimony we're going to list but we will evaluate what he says okay

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i would say that the this particular uh evaluation on this site does not take into account

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the neighborhood context where this is an effectively a shared street with a lot of

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pedestrian users. And so the result of their decision, which increases the number of curb

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cuts significantly, is an unsafe recommendation for an unsafe practice. Okay. Finally, I wanted to

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look at the interior of the property for a moment.

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And so there is a part of your report where you address whether there is space in the interior of the property to place these 15 parking spaces if they're not going to be where it's indicated here, where it's proposed along Castoria Street.

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So we're we're in and this is this is what, like a two acre parcel, right?

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Yeah. So where do you see sufficient area to add 15 parking spaces into this property?

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Well, you know, we all appreciate landscaped areas for their inherent value, but I would say in this instance, you know, there's a large area, the landscape area to the left and north of the Maxwell Mansion, and a little bit closer to the Tulpa Hawkins Street entrance.

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is space that can be used with minimum impact

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and use that in a way to create a significant buffer

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for the historic mansion.

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Still have plenty of space left over

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and not have the Pastoria Street neighbors

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bear the brunt of that parking placement decision.

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So your suggestion is that the area

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where my cursor is now,

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which is close to top of hawkins street um to the uh basically a way from uh towards wayne

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avenue um from the from the maximal mansion um this area is looks looks promising to you

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yeah they're in the area directly above that i'm saying north but i know it's not north on this

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man okay and did you when you evaluated that um did you did you make any kind of

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make any kind of evaluation that this area would be actually big enough to accommodate 15 parking

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evaluation that this area would be actually big enough to

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spaces? Yeah, I think you could see this with the naked eye, but I, in this instance, used a Google

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Earth calculate 14,000 square feet that still left a 20-foot buffer to the mansion, which I know was

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a priority for the site developers, to be considerate to those neighbors.

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okay um i have no further questions at this point mr phillips thank you uh good morning

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mr cromey good morning uh are you a uh professional engineer i am not okay uh are you a traffic

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operations engineer i am not are you a member of the institute of transportation engineers

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no i'm not okay have you ever been recognized as a traffic engineering expert

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uh traffic engineer and expert no not both okay and isn't it accurate that ch planning does not

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provide traffic uh engineering uh reports we have done in the past and we may in the future but uh

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It's not a common part of our practice currently.

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And wouldn't it be fair to say that it would be most appropriate for traffic engineers to provide traffic engineering reports?

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I'm going to object to that. That's both calls for speculation and it's also argumentative.

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I'm going to allow that testimony and that question, please.

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Sure. I would not agree with that statement. I think that you cannot have an accurate safety analysis without consideration of the neighborhood context, discussion with the local neighbors, and other larger zoning and land use considerations that planners provide and that engineers, traffic engineers, have no expertise in.

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That was not my question.

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My question was, as it relates to traffic safety and traffic plans, wouldn't it be more

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appropriate for traffic engineers to provide that sort of a report?

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Traffic engineers should be involved on a traffic study that looks exclusively at traffic

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issues without any broader context.

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Sure, that would be a small piece of the discussion that would be of some value.

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okay and and that traffic engineers also uh are concerned with traffic safety isn't that correct

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yes okay increasingly less so uh in previous generations but they're getting better at it

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um and you walked this property that was your testimony right yes okay i'm just going to share

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my screen briefly okay mr chromey can you see my screen it's not it's up now yeah i see it now

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okay uh and do you recognize uh the area i am you know for the record we'll note that this is a 2020

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view but generally familiar with the area that it's depicted yes okay and is this the area we've

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been talking about with west pastoria street and west topahokken street yes okay and you are uh

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aware that there are a number of curb cuts uh along pastoria street unrelated to 224 topahokken

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right correct wallingford apartment has a curb cut and there are further curb cuts as you

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um you know head uh you know head west on pastories isn't that right correct okay

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just kind of flip to 2022 and actually and you also see how uh previously the

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curb cut along pastoria uh kind of curved around the wing of the building right yes okay

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would you agree that uh the photo i just showed or what is on your screen now from 2022 is an

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accurate depiction of how the property looks now yes okay um along where my cursor is isn't it

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Is it true and correct that sidewalks were installed along 224 West Pastorious's frontage?

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Yes.

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Yes. And that sidewalk does not continue as you head down the street, though, correct?

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Okay.

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And that sidewalk did not...

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It's true.

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And those are some of the photos you showed where there is no sidewalk along along the street, right?

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Correct.

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Okay. Also, do you see how the curb cut no longer curves and provides straight means of ingress and egress, correct?

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I do. Correct.

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Do you see any landscape buffer on this plan?

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um it's top down so it's not easy to see but it looks like it's not the landscape buffer in

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question separating the parking area does not appear to have been installed yet okay and you

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said that you did review the transcripts from prior hearings correct yes and do you recall

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mr bielby saying that no landscape buffer had been installed yes i'm aware i'm aware of that yes

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okay uh going back to your uh report i just want to go through a few a few specific comments you

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made uh you had spoken uh to the installation of the speed cushions uh september 2023 correct

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yes and uh you would agree that speed cushion uh can make a street safer right

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uh they contribute they're they're part of the part of the puzzle yeah okay and you said that

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it indicates uh department of streets is aware of excessive driving speeds on pastoria street

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isn't that correct that's what you said i i said that that the um the speed cushions are indications

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of that yeah did you speak to anyone from streets department about the speed cushions i did not

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uh so then you're actually not aware of uh how or why the speed cushion were installed

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uh no i i'm not aware of any other reason than to reduce speed okay i know you're aware that

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uh the owner of topahawken uh supported and encouraged the installation of speed bumps

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along west pastoria i was gonna object that it's asked and answered he doesn't have any personal

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knowledge and so there's no point to ask him for things that he doesn't know well he can tell me

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mr phillips i believe he said before that he doesn't he's not aware of it

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and i'm also questioning that that's that that mr phillips you're introducing evidence that's

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not in the record, and therefore there's no foundation for your statement, which is an

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assertion that your client has done something salutary, which I'm sure he does salutary

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things in his life, but it's not proper to enter into evidence something that has no

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foundation.

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Okay.

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Well, the foundation is based on the record of Mr. BLB's testimony regarding the speed

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bumps and Mr. Horner's testimony regarding the speed bumps.

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And Mr. Cromey said that he reviewed the prior transcripts, so therefore the question is

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related to Mr. B.O.B.'s testimony.

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Okay, so why don't we move forward, Mr. B.O.B.

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You also noted in your report that you said that due to the narrowness of the street,

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an individual with a mobility device or pushing a stroller cannot walk down the street safely

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and comfortably with excessive or speeding traffic.

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Isn't that correct?

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Correct.

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Is it customary to assume within reports that individuals are breaking the law?

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Is it customary to assume? Well, I have to say with respect to speeding and speed cushions, the purpose of a speed cushion is often to reduce the speed of a vehicle to the speed limit.

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So it is the assumption that there is speeding there.

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And at the point of the speed cushion, they are coming down to the speed limit and then

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likely speeding up, which is why we need three of them here.

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Okay.

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But my question wasn't related to the speed cushions.

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You had stated in your report that due to the narrowness of the street, an individual

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with a mobility device or pushing a stroller cannot walk down the street safely and comfortably

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with excessive or speeding traffic.

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Correct.

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I stand by that.

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So without excessive or speeding traffic, can individuals with mobility devices or pushing a stroller walk down the street safely and comfortably?

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Actually, no, not comfortably because they're still on the street and it's still subpar and below the standards that we look for.

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it's still subpar and below the standards uh that we look for uh when we want somebody to have a

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you know uh sidewalk accommodations okay but mr bb did install sidewalks

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he did not quite five sidewalks but sidewalks

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you aware of any graphic uh fatalities along west pastory street in the past 15 years i'm not

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Are you aware of any traffic accidents on West Pastoria Street in the past 15 years?

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No.

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And with respect to the 15 parking spaces, which is specifically why we're here,

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we're seeking approval of these 15 parking spaces.

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uh did you uh review in mr horner's uh report where he recommended uh that individual back in

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to the parking spaces i did see that you think that would be a uh a prudent idea

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i don't think it's sufficient to make up for the uh the curb cuts uh is it prudent for people to

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back into their spaces? Yes. Is it easily enforced? Not so much. And you're aware that

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motor vehicles are required over the past several years to be equipped with rear view cameras?

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Yes. Okay. And so isn't it fair to say that a prudent, average, ordinary driver who is getting

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into their vehicle would check their surroundings before backing out or pulling out of a spot yes

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okay um and if individuals uh uh actually let me strike that you reviewed

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and walked around uh the neighborhood correct correct okay uh and and did you observe uh

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uh the availability of on-street parking uh i i did not focus on that no

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wouldn't you agree there is on-street parking along tulba hawkins street yes

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it is but did you uh review and uh to ascertain whether there's adequate on-street parking or

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inadequate on-street parking to support the demands of the neighborhood i did not

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And you would agree that it is of a public benefit that individuals have places to park their vehicle?

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um not without qualifications i think uh i think we have uh we encourage too much

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parking in the city quite frankly but um uh i i take i take what you're saying in the context

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that it is a benefit to the property owner and to the tenants to have parking spaces on site

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Okay. And I know that your report had focused on school children or disabled individuals. If there were disabled individuals who reside at 224 West Topahawken, wouldn't it be advantageous and beneficial for them to have parking closer to their home and their apartment?

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I'm going to object that that calls for speculation and evidence that there's no foundation. In fact, there are no units that are certified as ADA compliant, and there is no testimony in the record to say that there is any disabled people who currently live at the property, so it just calls for speculation.

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Mr. Masters, I'm going to allow the question if Mr. Cromey can answer.

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Could you repeat the question, please?

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Sure.

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Would you agree that it would be advantageous for any disabled individuals living or residing in 224 West Top of Hawkins to have parking closer to their apartment as opposed to farther away?

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It would be advantageous for that individual, assuming that, you know, they had other accommodations as well.

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Okay, just review, see if I have anything further.

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I believe my remaining questions can be directed towards, can I just ask, just as a matter

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of process, it will be Ms. Fincham-Sheehan who's testifying next, Steve?

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Yes.

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Okay.

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I believe my remaining questions can be addressed by Ms. Fincham-Sheehan.

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I have no further questions for Mr. Cromie.

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Okay.

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Okay, sure. Just one really brief one. So, Ben, you testified that in Cross that there are sidewalks that were installed by the property owner at this location. Can you share with the board how big, how wide those sidewalks are and whether they actually comply with the minimum size that the city requires for sidewalks?

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Well, the Complete Streets recommendation is five feet, and it is short of five feet, although I can't tell you a precise measurement. The one image that we looked at earlier before shows the service pole, the telephone pole in the middle of the sidewalk, which is a complete obstacle.

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And that's on Mr. Ability's property, that pole exists?

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Correct.

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So, is your testimony that, do these sidewalks comply with the Complete Streets ordinance, as far as you can tell?

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As far as I can tell, they do not.

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Okay.

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All right, I'd like to call my next witness, Nicole.

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So, Steve, not to put any pressure on you, I'm going to mention that I think in Hillary's communication with both of you, we talked about, I guess, 90 minutes.

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Yes, I think, listen to me, and I think we've decided to stretch it to two hours.

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