civus
Hearing video

ZBA Hearing - September 8, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 8, 20216h 24m

and then a similar floor plan on the rear building uh we we did do a um a mansard

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roof design to the front so it kind of brings the height and scale down more in line with uh

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with the street neighborhood and then we have an additional one bedroom unit on the third floor of

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the historic structure so all in we have 15 units proposed for this building which is in line with

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the with like an RM1 type of zoning are there any questions for Chris before I ask the managing

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partner of the owner to adopt my testimony. Is the board have any questions? No, Madam Chairman.

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I don't. Sitting to my right is Steve Oszewski, who is the managing member of 6830-32 Ridge

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Partners LLC and the owner of this parcel. Steve, would you give your name, spell your last name?

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Sure, it's Steve.

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Last name is O-L-S-Z-E-W-S-K-I.

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

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Yes.

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Okay, you may proceed, Bill.

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Steve, did you hear my testimony?

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I did, yes.

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Was it accurate and truthful?

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Yes.

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And you adopted as your own?

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I do.

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Okay.

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Is there anything you wanted to add?

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No.

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Okay.

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i would ask that the board accept all the documents that were submitted by email five

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days before the hearing including the elevation plans we can go through those but i don't know

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that it's going to be contribute anymore um who is the rco the rco is the ridge park civic

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association um their letter of support uh is on pages three and four um and they support it uh

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strongly is there anyone in the uh the virtual audience who would like to testify

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i see no hands madam chair um actually madam chair i have a question mr o'brien the plans

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that you referred to those are not revised plans is that correct that is correct thank you

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no plans are stamped today sharon

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no no plans to stamp calendar number 1795 no strike that calendar number 27196832 ridge avenue

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my name is carol tanarian my vote is yes

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thomas holliman my vote is yes

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there are other board members bill

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mr snow

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oh i'm sorry i was muted i'm very sorry about that uh jane snow my vote is yes

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thank you kindly thank you is confessor here no no chair just the three of you okay great

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okay so you have three votes thank you sure may i be excused sure thank you having a great day

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You too. Calendar number MI-2021-000-336. The address is 4401 Ridge Avenue.

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The attorneys are Sean Malin and Paul Bonney.

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there's Sean good evening madam chair hi how are you oh doing well it's been a nice long day for

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everybody right sure has hi Mr. Bonnie hello madam chair nice to see you and everyone else also

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thank you so one by one I'll ask you to put your name and address on the record spell your last

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name uh sharon do i have to swear them in because this is a different day yes we do okay uh we'll

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start with you sean certainly sean whalen w-h-a-l-e-n address is 6 coulter avenue suite 1000 ardmore pa

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Address is 6 Coulter Avenue, Suite 1000, Ardmore, PA, 19003.

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

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I do.

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Okay, and Mr. Boni?

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Yes, my name is Paul Boni, B-O-N-I.

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My address is 325 Chestnut Street, Suite 1109, 19106.

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

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Yes.

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Okay.

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excuse me this is sharon before we get started at the end of the um last hearing i believe there was

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a question as to raised by the planning commission representative as to whether the revisions made to

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the plans would trigger the requirement for additional cdr review i believe that we got

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a response on that saying that they would not is that correct to you

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西偉大人, I think I can address that. Yes. We got a response from the Planning Commission

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that there would be no further CDR meeting required. And therefore, in line with kind

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of trying to continue to work with this RCO and all of the community members and the other

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RCOs we've met with, we will be proceeding with the most recent revised plans that incorporate

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all of the community input that we've received and we will not be proceeding with the the prior

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iteration of plans that we discussed at last meeting. Thank you. Could you circulate those

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materials by email? I don't know if it's too much to ask to do it now so that we can look at them.

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i think we only saw them on the screen last time mr bonnie are you asking for the exhibits that

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mr wellin submitted or the um specifically the plans or the planning commission feedback

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because i guess i'm i guess i'm just no no not not the planning commission if you i my my

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understanding is that there is a some some revisions that um the applicant is is uh is

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proposing and we appreciate that i'm just saying i don't think we have a copy of it i think i will

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try to find those in my email and forward a copy to you now okay thank you

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madam vice chair i understand the hour is late so i can just quickly

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bring us up to speed and keep us moving

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i didn't know who was going to start no reason to belabor anything um this

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I'll just share my screen very quickly. Like I said, I can.

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And just to be clear, for Mr. Bonnie's sake, we are proceeding with the revised plans that were created following the last community meeting at the end of June.

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and we are going to those were already presented and all exhibits were presented before the

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the August 17th hearing that we had and that was the first hearing in this matter

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so I hope you can see it again this is I'll be very quick so if the board has any questions

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just please interrupt me I don't mean to be short but just succinct if I can so this is an image of

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the project. This is 4401 Ridge Avenue. This is Ridge Avenue. Here's Merrick Road. As you're

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going up Ridge this way, you're just about to hit where you can see that 76 on-ramp and the

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on-ramp sign, just to give everyone an idea of context, just so you can see what we're talking

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about. Here was an image of the first presentation of the building. As you can tell, there's been a

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significant amount of work between the participants. There are upwards of a dozen, I think, 11

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meetings, public meetings, discussions, and significantly more communications than that.

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So we've gone to there, and I will just very quickly show you. Here was, this is a long ridge,

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kind of just a different angle. You can see what the original looked like, and this new project

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incorporates many design elements and and whatnot that was requested by the community

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all of which were testified to at the last meeting so I won't go into those unless the

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the board has any questions again the project we're presenting has two refusals

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may I ask a question just to clarify to understand is the is the height the same as

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um the height is the same and has not changed okay and the unit count is the same correct

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okay thank you so yes so the the project itself is 185

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Yes, so the project itself is 185 units with one-to-one parking and first-floor commercial at the corner of Ridge and Merrick.

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The property is about 18,000 square feet.

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It is, since Mr. Bonney went there, I'll jump forward.

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Here's Ridge Avenue.

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Here's the Arthur Ashe Tennis Center.

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This is Merrick Road.

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this is our property right here as you can see all of this basically has been already approved

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and is in development for other large-scale projects that you also heard about at the last

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meeting so again our project our property is only this right here we are about the closest point is

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75 feet and then it goes up to significantly more well over 100 feet from our property to

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property there's this weird uh kind of jagged l-shape behind us

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cms3 so heavy commercial use excuse me was an rm2 hang on

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sorry i didn't hear what he said i had to unmute myself i don't know if you're moving something in

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front of your speaker or uh in front of your mic just be mindful of that because it's blocking

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what you're saying. Thank you. And if I could, this is Tanya, ask that everyone mute themselves

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so we don't keep having that problem. Sure. And Ms. Doyle, if you have any problems hearing,

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just let me know. I'm happy to be interrupted. I didn't actually move at all. So I'm not sure

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if you want me to restart from wherever you left off. You're okay. Thank you. Okay. So again,

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we are CMX3. This was rezoned in 2016 by Philadelphia City Council in line with the

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2035 plan from the Planning Commission to increase this from a solely residential zone

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to a high-density commercial mixed use. The project we have, again, 185 apartments,

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one-to-one parking. We originally received two refusals. The off-street loading refusal is

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actually cured by the revised plans that were submitted. We added, all it required was the

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adding of a second space, loading space, which we did. So the only issue we have is steep slope,

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which we are, here's an image. Again, we went through this at length with the engineer.

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This is all steep slope, as is this whole section here, which prevents the development of any CMX3 commensurate project without the disturbance of the steep slope.

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As the Planning Commission confirmed last time, the disturbance of the steep slope is not just the final building, but any disturbance throughout the entire construction process as well.

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um we have uh full support from east falls forward one of the two rcos in the area excuse me sean

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excuse me sean i just before we move on um first of all i want to um reiterate the objection that

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i made last time which is that you know i'm not stipulating that attorneys may testify um and

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And secondly, you just said something about the Planning Commission agreeing to something last session, and I'm not sure I understand what you're – I don't remember them agreeing to anything.

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And could you just restate me?

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Certainly.

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ian litwin uh confirmed for the board when a question came up as to whether or not steep slope

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area disturbance what triggered a variance only when there was building on the steep slope or

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whether it was any time there was construction across that or any kind of vehicular access across

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that steep slope that was a testimony of our engineer uh thank you paul i'll continue though

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Well, please, Sean, I just want to say, Sean, you can't talk over me.

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And then confirmed by the committee.

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Wait, you know what?

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We're not going to do this.

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Sean was speaking.

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You interrupted.

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And then it continued.

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So I'm going to let Sean continue.

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Okay.

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And I am, again, I apologize for going backwards.

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I just wanted to bring us up to speed where we were.

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I'm just about done.

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So we have full support from East Falls Forward.

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86% vote actually was 30 to 5, I think, were the final numbers.

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That's one of the two RCOs.

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We also have full support from the EFDC East Falls Development Corporation. You have both of those letters. And that is it as far as I'm concerned.

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We also have full support from the EFDC, East Falls Development.

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And Mr. Bonnie obviously represents East Falls Community Council, EFCC, the other RCO in the area.

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Like I said, we had over 10 public meetings and major meetings with them, all of which were gone into at the first hearing.

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And I can go into those if the board would like.

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But we made significant changes and they are still in opposition.

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So the final piece I would add is that at the first hearing, you heard from a representative of my client.

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You heard from my architect and my engineer.

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We were concluded with all of them.

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So I only have one final witness, and that is my traffic engineer.

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So and then I will be able to be done with my case and move this forward.

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And obviously, Mr. Bonney will have whoever he has to present.

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Thank you.

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and your two RCOs were East Falls Forward and East Falls Forward EFF and East Falls Community

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Council EFCC the latter EFCC is the one that Mr. Bonney represents okay

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may I Mr. Nery sure okay but I think Mr. Whelan don't you have someone else

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Yes, I have one more witness to present.

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Well, I want to touch on something that Mr. Whelan said.

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Okay, briefly. Yes, you may.

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Okay, thank you very much.

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It's not my personal recollection that the Planning Commission said last time what Mr. Whelan just represented, but the transcript will say what the transcript will say.

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I would say that the zoning code prohibition on steep slopes says that for these steep slopes, no site clearing or earth moving activity is permitted.

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That's the prohibition.

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So I think Mr. Williams said something different.

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We can argue about it later, but I just wanted to put that on the record.

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And I also would say that I believe last time I was in the middle of cross-examining Mr. Spitson. I hardly have, I don't have a lot to finish. I only have a short, I can finish with him very briefly, but I think that's where we're at.

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um with with uh with respect to mr bonnie my understanding is we finished with mr spitson

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uh that was what we were trying to race to uh chairman de chico was chairing that meeting

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and you know obviously we were trying to get done uh the whole process before you know we got

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delayed to the second hearing uh my understanding is we were done with mr spitson there was

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no further relevant conversation going on. It actually kind of devolved into

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legal argument between myself and Mr. Bonney. I think it was pretty clear

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that we were not, that we were midstream.

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Is he available today? Well, I'm going

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to put it to Madam Chair about whether or not. Is he

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available, Ms. Saleta?

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Madam Chair, he's available. Would you like for me to

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for him to speak? I want to speak to Ms. Saleta first. Yes, though I did recently review the

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tape, I honestly don't remember what point the question was at. So, Mr. Bono, you had just a

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few more questions to ask him? Yeah, yeah, yeah. Okay, he's here then. Sure then, he's here, why not?

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Really just two or three questions, so I think it should be very quick.

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And his name?

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His name is Mr. Dan Spitson.

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He's here on behalf.

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He's the corporate representative of Atapco Properties, which is the equitable owner of the parcel.

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Okay.

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May I also ask the chair or the administrator, what is the ending time today so that we can do our best to meet it?

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In 20 minutes.

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Well, okay.

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Well, I smiled.

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Oh.

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I smiled.

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well but it's it's not going to be too long we're not going to be here until seven o'clock

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