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Hearing video

ZBA Hearing - November 16, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 16, 20215h 16m

mean that in a negative way it's a it's a wooded area right so chairman what if we're able to

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redirect i think it might be helpful but i wasn't done with my cross-examination so i'm sure you

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can redirect when i was done but i'm sure you can but i just she can but i asked the question i just

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was curious so this area is really not and i don't mean this to be negative not being really

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it's not being maintained well i i would ask the owners if their main point is if a tree if a tree

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falls or trees begin to fall in there it's you're going to be losing trees no one's really maintaining

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right mr chairman on our uh site visit there the interior was unmaintained in other words fallen

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trees were there and uh it was unmaintained i would imagine but don't know that if trees fell

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you know onto the right-of-way onto the road somebody would have to remove somebody would

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remove it but the interior of the forest was not maintained okay um mr lubar i'm gonna finish very

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very quickly mr chair um mr livar um in your opinion as an arborist is it possible to develop

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this site in a different with a different design where the trees on the on the on the border on

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the periphery of the sites are are the the larger trees are maintained and and the the trees on the

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interior are the ones that are more removed i would i'm going to object on the basis that he's

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not an engineer or architect he does not design buildings i'm not sure in the same way that mr

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masters did not want him to opine on the variant standards because he wasn't a lawyer he shouldn't

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be answering that question well okay let me try to rephrase it then mr um louvar is is um is this

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Is the tree planting replacement pattern that you studied and developed,

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are you the one who developed it for this project?

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uh the tree replacement pattern well i worked with laura laura was the one who

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The tree replacement pattern.

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Well, I worked with Laura.

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really put the pen to paper okay well to the extent that you worked on it was that the only

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possible way of of replacing and maintaining the trees or could there be other ways of

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of taking some trees out of this property and leaving others behind

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Well, my opinion is that you could put one house, you know, just a small,

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if you were developing a single house, you would lose less trees.

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That sounds crazy, but is there a life expectancy for these trees that are 75, 80 years old?

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Yes, each tree we assigned a life expectancy to. And just because a tree is large doesn't mean it

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has a lesser life expectancy but our life expectancy estimations only go up to 15 years

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greater than 15 years in other words if the tree looks good now we have no uh reason to believe

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that it won't look good in 15 years given normal a normal set of circumstances

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mr lubar are you aware that some trees can get nominated um as what there are heritage trees in

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the city uh well if i can correct you it's not nominated it's based on the tree size

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um right are you aware that that one of the sycamore trees was nominated um on this site

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uh well again it's not nominated there's a uh philadelphia heritage tree is defined under the

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zoning code as native trees that are greater than uh 24 inches in diameter plus london plain trees

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uh we're gonna have some testimony later from from one of um our witnesses about a nomination

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that was made for for one of these trees but um i it sounds like i would want to cross-examine um

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miss hansplant around the same issues that i was just asking mr louvar about

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are we are we finished with mr louvar steve yes yes okay um i think that we just have

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some redirect but we can save that for after you question laura that would be more efficient i think

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okay

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so uh to the uh board uh laura hands plan is who mr masters would like to question

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the transplant you're still under oath

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yes hi Ms. Hansplant so um

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same kind of questions I was um planning to ask you so um you are the you're the person who created

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the plan for the planting and the and the removal and the replacement of the trees on this site

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i am the landscape architect yes okay um so uh would you agree with me that the trees that i'm

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that um where my cursor is moving here um these are the trees that mr lubra identified as about

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75 feet tall the site plan steve uh area is not as accurate if you don't mind well the site plan

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doesn't show right but the site plan doesn't show them as they exist it only shows them after they're

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removed so that's hard to really see where they are when the site plan doesn't include them

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and then would that be the same for the for the height of the trees that are on this

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um property boundary yes those ones are a little shorter okay like how how much shorter do you

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think i'm looking at the diameter i don't have a guess on the height they're slightly smaller

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diameter would you agree with mr libar that these trees have provided shade and cooling effect for

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the neighboring properties yes just like all the trees in this neighborhood yeah so if if you if

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If you had designed the landscaping differently, would there be a possibility that you could

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have preserved the tall trees on the perimeter and then made the, so then where the built

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environment would have been shifted more towards the train tracks?

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Laura, sorry.

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I object to any question that has to do with Laura opining on the built environment as

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far as the building.

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Let's stick to the issue.

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I'm not asking her to answer questions about the built environment.

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i'm asking her about the location of the trees that were removed and that seems to me a very

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germane question as to why we are leaving trees on that north property edge

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we're not taking them all out you're talking about this edge

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correct we're leaving those trees right and we're leaving trees in the corner yes no there

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correct we're as far as we're leaving those trees right and we're leaving trees in the corner

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there are trees in many places i i agree but if we if we go back and look at uh let's see 97 um

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so the the trees that you're leaving are clustered around the new construction would that be would

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that be fair to say they are also on the north property edge so in the top right where your

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where your cursor is yeah that's right right there we're leaving those large trees

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and we're leaving the large the trees at the other end if you move to the left

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we're moving we're leaving yep we're leaving large trees all in that portion of the site as well

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but where you're removing a lot of trees is up on is right next to the big apartment building

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well the apartment building stretches all across that top end of the page so yes the center portion

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is is adjacent to the driveway that services the back side of the co-op as is the portion of the

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but the co-op extends across the entire top of the page so the trees that we are leaving in the top

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right of the plan and the top left of the plan also benefit the co-op in fact actually steve

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to your point i would argue that the trees in the top right have a greater benefit because they

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they are visible and are near the tree the co-op at the north side of the plan the top as well as

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the co-op building to the right so the trees in the corner are particularly I think for me we

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prioritize this okay but the but you did testify these are shorter than the trees that were removed

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up here well they're shorter immediately along the property line if you move down on the page

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the large dots you see are also large trees yep these dots okay but these are the smaller ones

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those are replacement trees oh these are also replacement trees so really the whole the whole

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perimeter that's closest to this this building up here they're all replacement trees except for

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this area on the left side well we were we were tucking in trees as i mentioned wherever we could

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So the top corner that you pointed to, the top right corner, we have replacement trees.

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That's not where we're taking trees out.

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That's where we see an opportunity to plant new within the responsible parameters of the site.

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Okay.

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I have no further questions.

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So we'd like to redirect.

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We'll start with Laura with a couple questions.

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um laura does um do do taller trees necessarily mean more beneficial effects to neighboring

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residents or to the health of the overall um tree environment i'm gonna object because it's

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it's a vague question as to what more beneficial means okay i'll be more specific laura do taller

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trees necessarily mean more benefits to neighbors in terms of cooling, light, or air than trees that

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may be smaller. Less tall, that is. Tall is one important consideration, species is another.

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If you're talking about, in my professional opinion, if you're talking about benefit,

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Not all species are equal. Native species which have better habitat value as food source and as

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nesting sites, feeding sites for native birds, for insects which support native songbirds

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are also important. And the third component is healthy. So if I had a choice of two trees,

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tall would be one consideration, but species and health would also be in the mix.

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In your professional opinion, is the arboreal environment that would be created by the completion of the proposed development, is that healthier along the lines of the same factors you just testified to, nothing else?

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Is the proposed environment healthier than the environment that exists currently?

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I'm going to object because the only health that you testified to was whether there were healthy trees or not healthy trees.

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But what you mean by health, if it's beyond whether the trees are healthy or not, I'm objecting because that's not part of her testimony.

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And I don't think she has any kind of an expertise.

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We're going to answer that. Can you answer that?

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Yeah.

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Are you able to answer that?

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Yes. It's always hard to lose trees.

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It's always hard. We love our trees.

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I understand that.

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It is important that the trees we have are, I'd like to have a lot of as many trees as we can.

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are, I'd like to have a lot of as many trees as we can. I'd like to have them be native species.

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I would like to have them be healthy.

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All of these things are important. Are any of the, are any of the trees that are being removed

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from the property unhealthy or of invasive species? And are they being replaced by healthy

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trees that are of native species? I'm going to object to this a compound question and it's better

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if you could if you could separate it as to invasive and healthy as separate. Make the two

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questions Rachel. Yes. Laura can you answer the first part of the question which is are we

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removing trees from the site in the area near the co-op that are unhealthy or not native species?

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We are removing trees which are not native.

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Those include the sycamore maples, which are one of the two most predominant species on this site.

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We are removing somewhat Norway maples.

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So we're removing a mix of invasive and native species.

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And we are separately removing some trees which are healthy and some trees which are not healthy.

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and and Laura are we replacing those trees with native species and healthy trees

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yes we're replacing the trees with a greater diversity of native species

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and we're replacing them with trees which we believe to the best of our ability will be

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healthy and thrive on this site and last question for Laura you mentioned in your

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earlier testimony that there was an area on the site that we were not adding trees to that was

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utilized by the community. If we were to utilize that space on the site for additional trees,

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would that get us closer to the tree replacement requirements, albeit removing space that the

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community has asked us to keep? That is correct. We deliberately made the decision not to plant

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trees in the open grass area at the toe of the steep slope which is on this property but which

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the community tells us they use because they told us that it was important to them as an open space

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we could definitely have planted more trees and reforested if you like that open space

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which would have gotten us closer to the required tree canopy replacement but which

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I believe would have been a loss to the community. Thank you. Anything else for Laura? Laura and if

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you can you can if you're not sure just tell us but using that community area that you just spoke

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to um uh is it is it possible that that would have actually allowed us to comply with the zoning code

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or in your opinion? I'm objecting to anything around code compliance that's a legal opinion

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and she's not qualified for that she's qualified to answer questions related to tree replacement

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and caliber inches as a relates that's her expertise we got okay go ahead that's my

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question laura i mean do you know if what's your opinion on how likely we could have met the code

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or if we still would have fallen short albeit been closer if we had used that community area

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we would have gotten either very close or been able to comply with the required caliber inches

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okay okay thank you um i i think that rachel wanted to um i just had one more question on

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cross that came up um for recross so um you testified that you are replacing some unhealthy

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trees with healthy trees and and with native trees but you agree don't you that the trees

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you're replacing are going to be much shorter um than the ones that you then they're younger

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that was from mr lubar she hasn't testified to it and i just want to get her testimony on the

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record too that that's it that's a yes or no miss miss hand's point yes they are younger and

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therefore shorter okay thank you so we we wanted to also call uh the engineer back uh miss poindexter

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for just one or two questions for direct purposes sarah can you unmute yourself

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i'm here thanks so as you saw mr masters was pointing to the top of the site that

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is parallel to wayne avenue could you explain these site conditions and the elevation

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change if there is one um which would on the top of the site

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All right, Rachel, and you're saying top of the site, where do you mean?

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um parallel to wayne avenue um between our property line where our property line starts behind the co-op

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Um, parallel to Wayne Avenue, um, between our property line, where our property

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need the exhibit up

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um so at the at the um

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there's an elevation drop from

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a lot of

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when there's steep floats

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so there's about a 10 foot drop

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in certain areas

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but which

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between which two points are you

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describing?

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Can you see the screen?

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I can.

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Sarah it would be between

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the sort of the vertical

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tree edge if you would on that

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side of the site and I guess

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the distance from there

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to the edge of the

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nearest edge of the co-op building do you know what that distance is so along along that northern

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property line um adjacent to the co-op building there's a drop of um 10 feet maybe nine feet

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nine to ten feet um it just goes across the site and then as you as you move from um let's see

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north, I guess you can say northeast to south, there's a drop of, it varies across the site,

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but it can be about 15 feet. So are you familiar with sort of how high off the ground at the co-op

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edge the lowest residential windows are in that building? I'm going to object to relevance. What's

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the point of these questions we're establishing the effect of the uh the uh tree cooling that you

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uh developed uh during cross steve there isn't any testimony that tree cooling has to do with

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certain heights of windows or steep slopes so can you put some foundation on the record first

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because otherwise i'd have no idea what you're trying to prove that's what i'm attempting to do

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here yeah it sounds okay you raised the issue steve on cooling yeah so uh i i don't i don't

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know the elevation of the windows but this parcel is lower than the parcel to the north

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based on the topography okay um so in in your opinion um is the um the folks who live on various

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floors in the co-op building is it is it fair to say that depending on which floor they live on

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