civus
Hearing video

ZBA Hearing - September 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20205h 34m

this list of names i believe this is 11 names that should be with us if if more haven't joined

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you'll see that all these addresses are 200 block of DuPont Street this last one is a 200 block of

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Cram Street also several neighbors I think that's three neighbors down the bottom here also on the

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200 block of DuPont that can't attend due to work conflicts but are previously on the record from

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prior meetings in opposition and we should be able to hear from them after my presentation

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um going back to this uh the the character of the block is uh front-facing properties

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no driveways on dupont street um the reason we requested this reconsideration because mr o'brien

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did submit a letter um there was a couple things that we didn't agree with but a decision was

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rendered uh before it was that his letter was actually received we didn't have a chance to

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respond to it um the council i'm sorry the chairman uh in november did uh ask us if we wanted to

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um continue the matter and hold the vote to compromise up to that point compromise had been

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discussed the and and none of these neighbors are here for personal gain they're all here to

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preserve their neighborhood and the character that that they appreciate and love um they want

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to keep the property facing on dupont street the discussion has always been this is a wide lot

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uh it's this is a single family lot um it can be subdivided but i believe it can be subdivided

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as by right over the counter and two properties can be built facing on dupont if the developer

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so chooses uh that's that should be by right a compromise was discussed that if more properties

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were desired by the developer, that a third property could be built back here on Fleming

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fronting while maintaining front-facing properties on DuPont Street. That's been rejected by the

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developer. The developer's wish is for properties facing on Fleming Street. After we were here in

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November, the developer, not Mr. O'Brien, the developer did attend a general meeting

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of Manioc neighbors and he he brought what all he brought this proposal which had been discussed

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previous of essentially removing the corner property altogether which had been proposed to

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front on Fleming so if you can see this this is the plan of the applicant this is Fleming Street

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This is where our property is today facing DuPont.

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The application is to put Fleming facing properties 1, 2, 3, 4.

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front Fleming facing properties one two three four and I believe I wasn't present but I believe

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that the developer did present the the compromise as what we see here cross off this house

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let's leave that vacant and we'll just put our three properties on Fleming still

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with rear-facing parking but nothing here and it was it was floated that we could

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deed restrict this lot or do something with it again the neighbors and the RCOs feeling that

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this corner property is a prominent anchor property essential to the character of this block

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that that's not a compromise to which they were interested but it had been discussed before and

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they'd always, you know, sought a proposal and a compromise that would include front-facing

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properties on DuPont Street. DuPont Street, excuse me. Excuse me for interrupting. What are the

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dimensions of that property at the corner that's X'd out? On the Fleming Street side, what is the

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with i don't off the top of my head um i can't see those numbers there see if we can get in there

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is that a number there does that say 28 i i don't want to guess i i i don't have that number off the

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top of my head um but as these are facing on fleming um yeah i'd like to know if we can see

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that if we can get that uh before mr chairman yes sir mr the parcel a the corner lot is 28.125

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feet wide on fleming street and 50 feet deep on dupont street okay so so was there any discussion

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about flipping that corner

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so the frontage

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would be on DuPont?

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That was the

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compromise sought by the

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RCOs.

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It was always

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voiced as

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I'm sorry if I'm ringing.

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I have a

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mechanic trying to get me to pick up a car.

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I don't know how to turn that off.

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was that was that mr maybe mr o'brien you can answer that was that something that was taken

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into consideration yes turning that property around it was it was considered by the applicant

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but was not doable um and if i may mr chairman we're here on a motion for reconsideration

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Under the Board's rules, under 6.3, the burden is to produce a special circumstance that

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could not have been known at the time the Board made its decision.

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The RCOs have identified my letter dated January 13th as the special circumstance.

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um this is not under my understanding a rehearing of all of the facts uh it's whether or not my

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letter does present a special circumstance i don't believe it does and i'm prepared to respond to

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that but i want to give mr wise an opportunity to address the his client's position that

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my letter to the board is a special circumstance that should alter the board's decision thank you

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for clearing that up as you know i'm not an attorney so i i kind of lost my way i'm trying

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to figure out a way in which we can maybe hopefully figure a way to developing those that property

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and an address yes shower so sharon seleta the reconsideration was already granted that is not

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the issue that's before you now the reason that it was granted was because there were materials

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submitted that the parties opposing Mr. Weiss's clients did not have an opportunity to see before

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he voted for projects. So really what the hearing should be limited to at this point is consideration

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of the new plans that were submitted and voted on. Thank you. Thank you, Mr. Chairman. Thank you,

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Mr. Letta. So at the beginning of my comments I did mention that letter and we did receive

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a decision on our reconsideration petition granting and scheduling the hearing in April,

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we're here in September. So as I was referencing the issues that were noted in Mr. O'Brien's

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the issues that were noted in Mr. O'Brien's letter the day before the decision was made.

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letter the day before the decision was made.

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The comments in the letter seemed to reference compromises that were similarly dismissed,

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which we felt was a mischaracterization because those compromises had been presented

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previously to my knowledge. And as you brought up, Mr. Chair, the neighborhood who obviously

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are passionate about this and feel strongly about this application changing the nature of this

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block and the neighborhood presented by an equitable owner not presently in possession

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with limited hardship, no hardship.

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There's no hardship supporting any variance

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where the lot is large enough to build not one,

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but even two by right properties, single family,

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and the neighbors and the RCOs

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that offer a third property as a compromise,

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their wish was that the properties front on DuPont

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and maintain the character of that block

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as it's present there right now

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where this building is currently occupied

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and currently maintaining that character.

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I do, as I was stating,

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clumsily, John Hunter and Celeste Tortister

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are on the line from Central Roxborough

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and John Carpenter and Kevin Smith

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from Maniunk Neighbors

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as well as I can see the participants now

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but I believe there's 12 Neighbors

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that were interested in appearing in opposition

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from the 200 block of DuPont

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where this directly affects them

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but the bottom line is that

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where there is no variance, I'm sorry

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where there is no hardship, no support for a variance

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and where a variance would change the character of the block

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add congestion, add a curb cut on DuPont

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where there hasn't been one before

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and where the other contention in Mr. O'Brien's letter

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was that this was a minimal variance being sought

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which it's not a minimal variance

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where you could subdivide this down the middle

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and build two structures

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and if you needed to get a variance

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that would be for three total structures.

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This is an application for four to fill the lot

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and even turn it onto the side street

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changing the character for nothing more

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than financial maximization.

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We ask for the board to reconsider

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and deny the variance

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and if I'm able or if it's appropriate now

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Mr. Chair for the for the RCOs to be heard or at least I'd like to hear from Mr. O'Brien first

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and then we'll go to witnesses very good thank you thank you so under the rules of the board

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in order to reconsider I mean Mr. O'Brien Mr. O'Brien we hear you but a little bit of an echo

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maybe you can get closer to the mic uh maybe i can adjust my volume i'm going to stop my sharing

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if bill you need to take over i think you can do that is that any better much better thank you okay

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so under the rules of the board uh in order to grant reconsideration and this hearing is to

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this has been scheduled to consider so the board may consider the allegation that my letter of

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dated January 13th is a special circumstance I submit that it is not and I'd like to share

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if I may my screen

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Mr. O'Brien again you're not considering what you are arguing that was did you

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appeal the grant of reconsideration when the board because you could have

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appealed that to the court did you well had i known we were going to have

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seven months delay maybe maybe i would have but

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at this point the effect of the grant of reconsideration was to vacate

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the original decision we are now considering what happened after

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the hearing in November? What changes did you make and should they have been approved?

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Let me respond to that. My understanding is that because this had been

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My understanding is that because this had been continued or the vote was suspended pending the RCOs and the applicants pursuing an opportunity of possible compromise and that there were documents, plans, produced, exchanged that were not part of the record.

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Thank you.

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that it would have been, if the board did not grant reconsideration, it would have been

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likely remanded by the court on appeal because of these matters that were not part of the record.

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So they're now been submitted, and I suppose they are now part of the record. But if this

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is going to rehash the entire case, I'm prepared to do that in a very quick manner.

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Let me share my screen.

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Mr. O'Brien, it's actually, it's so that it is for a limited purpose.

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There were documents that were submitted.

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There was a revised plan that was submitted after the original hearing.

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The community did not have an opportunity to comment on those or give feedback, and

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that's why you're here today.

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So the revised plan was the proposed compromise plan.

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um bear with me i'm trying to is my document now being shared yes okay so uh we can go down to uh

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the post zba hearing documents which are on pages 50 through 87. the plan that was offered

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eliminated the house on parcel A, which is the corner lot that we just discussed, and

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building attached row homes on the remaining three lots.

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uh the this is an image of the original development plan can you see that

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no

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well well the original development plan um proposed four attached structures extending from dupont

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to the entire depth of the lot 28 foot wide homes attached with roof decks pilot houses and a rear

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deck through several meetings both with committees and with the community a lot of modifications

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were introduced the pilot to reduce massing and scale the houses were narrowed the pilot houses

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and roof decks were eliminated to conform with the open area dimensional requirements the rear

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decks were removed to restore it on on street parking space where the curb cut is the curb cut

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was narrowed to the minimum allowed 12 feet and to provide five foot sidewalk clearance as the

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planning commission requested the entrance stairs were recessed and the window wells relocated to

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the side yards so we made all those changes and then at the close of the hearing the board

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suggested that we the two parties pursue the possibility of compromise my client proposed

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to build three houses on lots on parcels b c and d that the corner lot would remain open unless and

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until both civics agreed otherwise. My letter on page 50, which I can bring up, provided

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that there would be a deed restriction to enforce that because that was the remaining

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issue that had not been addressed to the satisfaction of the civics, and that is that it was too

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dense now again um the board should be reminded that um these lots what we're basically asking

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the board to do is to allow rsa five-dimensional requirements apply not rsa3 and there are many

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reasons to support that. If you look at page 16, which was Exhibit 5A of the zoning packet,

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the red marks are my marks, the circles and the triangles. The circles are RSA 5, the

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the triangles are RSA 3. At least I cannot discern any pattern. It is some areas in the

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triangles or RSA3.

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You can...

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same block go back and forth between RSA 3 and RSA 5. In fact, if you look at the very

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corner right here where my cursor is, the next page, and this was Exhibit 5B, takes

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that corner and show so here's the parcel work in question it's rsa3 the rest of the fleming street

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block is rsa5 across the street is rsa5 and caddy corner is rsd3 um but both these corners

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as depicted in Exhibits 6 and 7 of the zoning package, pages 20 through 41 of the document

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that I submitted.

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Both of these corner developments were developed to RSA five-dimensional standards.

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This area A across the street from 270, lot sizes are 783 square feet.

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The section, the houses B are 1,320 square feet.

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Both, again, well below RSA 5 requirements.

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The proposed lots for 270 DuPont, the subject, are 1,406 square feet, a de minimis departure.

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from RSA 5 requirements. So there is nothing that is contrary to the neighborhood despite

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the representations that the civics make it. If you look at the zoning plan, which is page 12,

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I have to try to reduce this if I can. Bear with me so you can see it. The Fleming's

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You would think from the representations made by the Civic that DuPont was like Benjamin

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of Franklin Boulevard.

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The dimensions of DuPont, both the street and the cart width and the sidewalks are identical

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to Fleming.

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There's no distinction.

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One is not a major road.

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They're both the same.

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And when you look at the houses across the street depicted in the photograph on page

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