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Hearing video

ZBA Hearing - October 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20266h 49m

just showing the progression of the lots themselves and how they've changed over the years.

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So if we flip back to Exhibit 6, I have provided detailed site photographs outlining all the

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properties before you today, which is inclusive of 148 through 158 North 2nd Street. There are

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a series of existing buildings on the site, which were previously owned by the Swift family

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and used to facilitate their food service business.

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From the first photograph here, I will point the board's attention to the height profile

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of the surrounding buildings on North 2nd Street as you're looking up towards the bridge.

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And then looking from the next photograph, you can see looking southwest on North 2nd

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Street towards Arch, where again, you can get a sense here of some of the context in

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that direction as well.

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flipping to the next photograph this looks from quarry street up towards second street

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where you can see the historic cobblestone street that leads into the property as you can

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probably gather from this photograph the block itself is mostly back of house parking access

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for some of the other surrounding residences and commercial uses

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and then another view here from the front on north 2nd street again to give you a sense of

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all of the different lots and their current uses i have plenty of additional photographs that i can

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go through if if necessary uh but just in terms of the aesthetic design uh i just want to point

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this out here you can really see here and derek can speak to this as he talks through the plans

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just some of the nearby site context that was considered in terms of both massing context

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as well as the actual design itself. I do also have some photographs of the interior of some

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of the existing buildings, but again, there's really nothing remarkable in terms of today's

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request that's shown in these photographs. So again, we can return to these to the extent that

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there's any questions. And then we did also at Exhibit 20 include photographs of the zoning

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posters that were timely posted on the property. So again, just in terms of the existing conditions

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of the site, at Exhibit 8, you can see that there are six existing lots, where the gray indicates

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the existing structures on the lots, and then the two white currently vacant lots.

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The lot line relocation plan, which is on the next page here, shows that all of these lots will be consolidated and re-subdivided from six lots to create three new lots, with the primary purpose here being creating both a physical and legal separation to ensure the long-term preservation of the historical structures that will remain on the sites.

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so parcel a that's right at the corner of second inquiry will be 1003.3 square feet

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parcel b which is one in from the corner will be 748 square feet and then parcel c is the

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large parcel that's being created and that will be 9152 square feet i will note to the board that

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many of the refusals that we have today stem from the lot line conditions, which, as I think you'll

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see, are not being arbitrarily drawn, but do stem directly from the historic considerations

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that Derek can talk about. So before I have Derek take over and explain to you what's actually

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proposed i want to just for context uh point out the demolition diagram that we have

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at exhibit eight it's a little subset of exhibit eight you can see here on the left hand side of

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the screen so you can see here the pink indicates the areas of demolition where the hatch lines here

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all indicate the existing structure that is proposed to remain so as you can see the historical

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Commission did approve a partial demolition of the rear portions of the buildings on parcels A

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on parcels a and b as well as a nearly complete demolition of the building at parcel c with the

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and B, as well as a nearly complete demolition.

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exception of that front facade and you can really kind of see that small hatch line in the front

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there and that will be preserved so i'd like to bring up derek at this point so if you wouldn't

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mind swearing him in could you move up to the microphone sir sure sure could you please state

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to spell your name for the stenographer. Yes, Derek Spencer, D-E-R-E-K-S-P-E-N-C-E-R.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Counsel.

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Thank you. Derek, I have up on the screen Exhibit 9, which is our zoning site plan. So

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if you can just start with Parcel A and work the board through the site plans here,

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describe the project, and please highlight to the board any of the considerations

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that were driven throughout the historical commission process.

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Sure. So Parcel A, that incorporates 148 North 2nd Street. So we're maintaining the original

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historic piece of the building and demolishing some of the later additions that have been done.

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We're also proposing a third floor reconstruction of the third floor and the gable roof that was

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previously existing and had been torn down at some point in time. But we've worked

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very closely with the Historic Commission to do all the details, sizing, proportions of that

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addition to match the historic nature of the building. Parcel B, not too much is being done

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to that existing structure other than the demolishing of the rear structures. That's

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mostly staying in place, just some repair and reconsideration of some of the repointing and

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other materials that might need to be fixed up. As Meredith mentioned, parcel C, that incorporates

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the bulk of the project here. So that's a proposed seven-story structure holding 43 units.

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This has been worked through extensively with the Historic Commission to provide a number of

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setbacks at floors as we kind of go up through the building. You can see that the seventh floor

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is significantly set back from the front to really minimize the impact of that massing on the street.

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Here in this diagram, we still do have pilot houses and elevator overruns going up to the

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roof deck but those have subsequently been removed throughout the process we now just have two

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exterior stairs going up to the roof deck and just the elevator overrun pops up but not an actual

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elevator stop itself so we can see that in the revised zoning section as well

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yeah and and just in terms of what derek is referencing here you can see that in the revised

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plans that we submitted to the board and then what about in terms of uh parking so for parking we're

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bringing the parking in through quarry street as you mentioned there's a lot of other curb cuts and

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garages along the street um the parking is not required but you know was recommended as some

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you know a nice to have feature uh for some of the the residences in the building so we do have

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that kind of tucked around the side on quarry street plenty of turning radius to get in and

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out of the garage and is it generally accurate that uh some of the refusals here stem from

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the fact that you are creating this separation and therefore losing some of the space that you

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would have otherwise had maybe through parcel B and A? Correct. Okay. And then in terms of

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considerations pertaining to windows in adjoining properties, was there anything that

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the client directed you to consider in terms of separation from adjoining properties?

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Yes. So you can see that our properties are pulled away between seven and 10 feet in different

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locations from the buildings to our west and north. The building to our west actually had that

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front on Ray Street has a few windows that are along the property line. We didn't want to, you

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know, those windows technically can't be there. I'm not sure when they appeared there or how,

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but we wanted to respect what was there and pull our building away from those so those windows

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could remain. Thank you. All right. If you can just, again, generally walk the board through

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the floor plans and you can tell me when to switch. So parcel A and B will have commercial

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spaces on the ground floor that already exist. They will have residences above. Parcel C will

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have a new proposed commercial space at the ground floor. The main residential entrance for the 43

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unit seven-story building, that will be through the facade of 152 North 2nd Street. So that's

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what Meredith mentioned is the facade that we're saving and integrating that into the building,

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which you'll see in the renderings you can see that we have trash and mail both accessed off

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quarry street so that the trash there's a trash room at every floor with a chute that'll go down

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to a compactor in the room and then there'll be private trash pickup we also do have some storage

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that's just off of the garage for over we have a bike room you know behind the commercial space

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there but overflow for other tenants storage or bikes could also be in that storage room off the

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garage and then just in terms of sort of a general layout in terms

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and then just in terms of sort of a general layout in terms of the uh second through seventh floor

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unit breakdown yeah so we have a mostly two bedroom units throughout the building

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they were designed to be condos but we're not really sure if they're going to be condos or

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rentals but wanted to design them in a way that they could be either one we didn't want to end

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up with a bunch of micro units that couldn't be sold as condos down the road so we have

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pretty nice spacious units and then yeah the only difference is really between the floors

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as they go up are incorporating those setbacks and notches in the building which we'll be able

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to see a little bit more clearly in the renderings and then just for the board's purposes we do also

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have typical unit plans just to give you a sense of a more zoomed in look at what these units would

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look like we can certainly return to these if there's any particular questions

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uh let me scroll through these real quick uh also for the board's information we do have

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some uh very detailed information about how the existing buildings will be renovated to maintain

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their historical integrity uh that's at exhibit 11 again where i'm happy to have derek walk you

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through any of that if you need any of that information uh but if you want to just uh walk

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them through Exhibit 12 and just sort of talk a little bit about the actual aesthetics and massing

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design here. Sure. So you can see at Parcel A, that's where I was talking about the third floor

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reconstruction of that gable roof and third floor with the dormer above. Parcel B, pretty much the

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exact same as it exists today. Parcel C, the entrance to that at 152 North 2nd Street. So you

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can see that facade has been maintained. Right now it's crumbling. It's actually pulling away

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from the building so we are stable we're tearing down the majority of the building

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but the new structure behind it that will kind of tie that facade in and stabilize that structure

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then you can see we have a kind of two main materials that we're working with for the

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parcel c which is the red brick facade and then kind of a light cream panel just to kind of as

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the building steps away kind of lighten up that massing so we have our red brick coming up and

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matching the cornice line of the building to our right and then stepping that brick down towards

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parcel B to kind of create that cascading effect. We have kind of an arched entryway for the new

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commercial space in the brick area to kind of highlight that as well. You can see the seventh

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floor, as I mentioned, set back pretty far. I believe it's about 10 feet from the property

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line that it's set back. So it really doesn't have much of an impact on the street.

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And in terms of the facade itself of parcel C, the height directly at the front property line

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is proposed to align directly with the building immediately next door to the right. Is that

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accurate? That's at that 65-foot by right height limit, and it's the setback portion that exceeds

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that. So there's certain views that you won't even see the seventh floor. Is that generally

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accurate as well? Yeah, this is a view looking south on Second Street where you just can't see

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the seventh floor at all. And then what about from Quarry Street? From Quarry Street, the further

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back you stand obviously the more you can see it but this is a view right from the corner where

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it's just very barely visible you can just see the glass guardrail that's up at the top and

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again we've worked with the historic commission on the materiality of that guardrail to be glass

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and then this is just another view from quarry street as well so when you were designing the

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building and i have up at exhibit 13 uh that that you prepared did you compare the proposed height

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to what the building might look like on the site in a truly buy right fashion versus what is

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actually proposed to the board today? Absolutely. Yeah. The bottom diagram there,

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well, both diagrams take into account the surrounding buildings. The bottom diagram

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is when we had the buy right design. We had four pilot houses on that building,

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three staircases and one elevator going up to the top plus the overrun. So you could see it did

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take up quite a bit of mass where that's proposed seventh floor is so that red line on the bottom

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diagram represents our proposed building height and then at the top this is kind of where we have

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that full seventh floor as you can see how it compares to a by right massing so let me just

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briefly walk you through the refusals and then obviously we can return to provide you argument

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on any particular point here so as the board knows the project did receive a refusal for height

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Now, as you might also know from other projects that have come in front of you, CMX 3 does not typically provide a height limitation.

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In this case, the height limitation is imposed by the old city residential overlay, which limits that height to the 65 feet.

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In this case, as you saw, this is just over 10 feet taller.

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Now, simply put, as we hope the board has seen, the property suffers a significant...

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Now, simply put, as we hope the board has seen, the property suffers a significant hardship in that this project is seeking to preserve the longstanding historical structures, and as a result, does lose significant buildable area across the entire site itself.

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You've also seen evidence that the buy-right conditions are nearly identical to that which is proposed due to Noam and Derrick's thoughtful design and step-back massing design to ensure that the height here is focused towards the interior of the property instead of around the edges where you could see it.

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As Derek also mentioned, there have also been very important considerations in ensuring that some of the adjoining properties with windows are able to preserve their windows.

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And in fact, the property at 212 Ray Street actually received a variance in 1999 to permit it to have windows along the side of the building.

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And that variance would require them to close up the windows if anything was built too proximate to those windows.

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So, you know, certainly there could have been a situation with the wrong developer where they just built right to the property line and unfortunately those windows would have had to go.

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As you also saw, the height here is entirely within character of many new buildings in this area that were either granted by variance or existed pre-overlay.

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And we did include a height comparison map at Exhibit 14, just so you can get a sense here of the significant scale of buildings that are directly in this area and even specifically fronting on Second Street.

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So you can see here, 76 feet, 73, 77, 185.

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So this is well within character.

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Second, Parcel B received quite a strange refusal that I'll touch on for just a moment.

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As you heard from Derek, Parcel B will have a ground floor commercial use and one dwelling

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unit above.

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However, this was refused as CMX 3 does not allow for single family household living.

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In this case, this is not intended as single-family household living as CMX3 is intended to prohibit,

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nor is it actually how the code would define single-family, which is the use of a lot as a residence for one family.

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In this case, it is a mixed-use building with one apartment, which is entirely consistent with the long-term historical use of the building.

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And then in terms of the last two refusals that I can address together, you can see that

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Parcel C received a refusal for exceeding maximum floor area ratio.

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You can see 500% is allowed, 527.1% is proposed.

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And then exceeding occupied area, you can see here 75% is allowed because Parcel C is no

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longer considered a corner.

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and it says here 87.2 percent is proposed and that's where l and i made the error the plans

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actually show 87.7 percent so as with the height this is largely driven by the lot adjustment

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itself so just to give you an example the occupied area on parcel a will be 79.2 percent

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And only 59.4% will be on Parcel B.

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And I can bring up the zoning table just so you can actually look at this.

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Oof, that went too far.

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The FAR on Parcel A will be 237.4%, so well below the allowable, and then 118.9% on Parcel B.

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unfortunately once the subdivision occurs there's no way to transfer unused development rights from

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one parcel to another one even if being constructed as a part of the same process project effectively

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the preservation of these historical structures has shifted a small amount of the occupied area

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and gross floor area to parcel C where the main amount of development is occurring from a calculation

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perspective, this only amounts to 2,288 square feet of gross floor area that is in excess of

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the allowable, which in light of the total building area of 48,086 square feet, we would

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submit is a de minimis deviation from the code requirements. As you likely saw from many of the

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early earlier aerials as well as the photographs many of the existing buildings in this area also

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cover 100 of their lots so in this case just over 87 will not be out of character

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So in this case, just over 87% will not be out of character with the existing conditions of many, many historical buildings in this area.

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All of the requested relief is the least minimum and is carefully tailored to achieve historic preservation goals while ensuring that the proposal will blend into the neighborhood.

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Just by way of history, this lot has been the subject of multiple failed development attempts,

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dating all the way back to 2018, and my client is quite excited at the prospect of finally

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reinvigorating this corner while preserving its historical charm. As always, we did submit a

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thorough analysis of the proposal's compliance with Section 1430380 of the Code in the Memo of

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Law at Exhibit 15. So at this point, Virgis, if you could come up here, I need you to adopt my

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testimony. Sir, could you please state and spell your name for the stenographer? Yeah, my name is

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Reginius Anusalskas. It's a V-I-R-G-I-M-I-G-U-S. Anusalskas, A-N-U-S-A-U-S-K-A-S. Do you swear or affirm

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to tell the truth, the whole truth, nothing but the truth? Yes, I do. Counsel? Virgis, did you hear all

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of the testimony and evidence that I offered in front of the board today? Yes. Do you agree that

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that testimony is true and accurate and would you adopt it as if you had given it to the board

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