civus
Hearing video

ZBA Hearing - September 2, 2020

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

35, well, that's the Caddy Corner property.

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Those are 1,320 square feet lots.

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And if you look at the photograph on page 20,

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these are across the street from 270 DuPont Street. These lots are again,

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783 square feet, and they were built with the consent and support of the Civic Association.

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So the suggestion that we're imposing something extraordinary is not supported by any of the facts.

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It's just an opinion that the civic really embraces.

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I don't know why.

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Mr. O'Brien, could you go back to page 12?

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Sure.

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is that a driveway separating the

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on Fleming is it separation between a and b and then c and d no these are now um so that

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I can show you the rendering rendering is on page 15.

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Let me see if I can increase the size of that.

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So what you see is the original format was, again, four wide houses attached.

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In order to reduce the massing, they were reconfigured on the same lot lines as a pair

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of duplexes.

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so what you see is the side side yards between the two structures was there any consideration

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looking at this uh proposal here uh to have the entrance keeping everything the same but the

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entrance on the dupont street side to that a property i mean i don't know if it works uh i

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mean i guess it could work i'm just curious it didn't work with turning radius providing parking

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turning radius providing parking is essential to this development and providing parking and

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is essential to this.

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turning radii it just didn't work okay all right but you know again if you if you look at the

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civics request for reconsideration and most recently their letter dated

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august 28th it was submitted they make representations that the applicant did not

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make modifications. There were many modifications made and these lots again are as much as 45%

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greater than lots across the street that the Civic had supported. I do want to address one issue

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and there's a representation that I misrepresented to the Board the Planning Commission's position.

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in my letter i state that the zoning board or that the planning commission supported

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the applicant's proposal and mr smith in his letter said that they expressed non-apposition

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the two days before the zoning hearing there was a and i'm going to bring that document up

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There was a plan review of the modified plan, again, without the roof decks, without the

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pilot houses, the reconfigured narrow houses, the smaller driveway.

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And that plan review was Monday, November 18th, and that was with Marty Grigorski and

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Matt Weisong.

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They had no objections, expressed no problems with the plan.

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however they did express a preference for five foot wide side uh sidewalk clearance um i'm sorry

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bill can you just what page is this in the packet can you see this document i see it is that in the

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packet that is uh well this was produced uh to the zoning board and i was bringing up as rebuttal

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to the to the suggestion that i misled the board uh this is a copy of my email to marty grigorsky

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and Matt Wisong dated the same day, Monday, November 18th at 440-something in the afternoon.

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Marty and Matt, thanks for taking time to meet me today to review the proposed modifications

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to the proposed redevelopment of 270 DuPont Street. As modified, the proposal calls for a pair of

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twins, piled houses, and decks have been eliminated. Each of the four single-family homes will have

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accessory two-car garage accessed from dupont street by a shared driveway the proposal satisfies

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the nco overlay and replaces non-conform a non-conforming multi-family dwelling your

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remaining concern focused on the encroachments in the public way your recommend you recommend moving

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the escape wells the window escape wells to the side yards and modify the stair entrance

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so a five foot right of way is maintained the following day

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i sent an email to kevin uh smith and celeste hardister the president of the two civics

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matt wysong marty gorski the councilman joshua cohen tanya sunkett and sharon were copied in

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this email kevin and celeste the planning commission uh have expressed the staff has

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expressed preference for a five foot wide clearance at the sidewalk of the proposed twin homes

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accordingly the escape walls have been relocated to the side yards and the entrance stairs have

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been recessed attaches a copy of the revised zoning plan the subject of our october of the

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october 2nd rco meeting that now includes the two foregoing modifications this plan will be submitted

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to the zoning board tomorrow with the revised proviso plans form when i wrote my letter saying

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that the planning commission supported it that was my frame of reference that a plan review with the

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plan the northwest plan reviewer matt uh weisong and and staff uh the uh coordinator uh martin

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marty gregorski had no problem expressed no problem with this they had one suggestion we

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adopted the suggestion um so i don't know and i raised that question with um uh matt weisslong

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when this issue was arose august 7th i sent him a letter uh suggesting that

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sorry to interrupt i think the comment in the letter just was that they stated non-opposition

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as opposed to support at the meeting.

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I don't know if we need to read it.

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Okay, we understand that.

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All right.

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So on August 7th, I sent this letter to Matt Weisong

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where I go through the facts with him

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and suggest that maybe Ron Bednar,

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Ron Bednar, who expressed the Commission's position, wasn't aware of the plan review

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who expressed the commission's position,

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that had occurred two days earlier.

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But at the end of the day, I don't know if there's support or non-objection whether that's

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a distinction that really doesn't make a difference.

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I'm sure that I'll probably have a lot more to respond to as Mr. Hunter and Mr. Smith

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than the others testify to so I think we'll leave it there and I'll just yeah I want to

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interrupt everybody for a minute it's uh five o'clock I my question I guess is to the court

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reporter would the court reporter like to have a break this is the last case on the two o'clock

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session we still have two or three cases for the 3 30 session I would love a break Mr. Chairman

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10 minutes yes perfect 10 minute break we'll come back thank you thank you mr chair

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okay uh mr o'brien we're back on uh i would you're muted at the moment

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mr o'brien you have to unmute yourself okay i i i mentioned uh that i think i responded

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everything that corin had raised generally yeah i know that the corin has witnesses that want to

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testify and rather than ramble on i'll hold off until i find a need to respond to additional

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testimony just one last thing in response to corin there was a suggestion that i did not copy

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the RCO's attorney, Mr. Wise. This matter started about 16, 17 months ago. I found out that the

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RCO's engaged Mr. Wise for the zoning hearing on November 20th, on the morning of that hearing.

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In speaking with Mr. Wise that day, it was my understanding that he was engaged for that

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purpose if you look at the documents on my cover sheet the six post zoning documents my letter

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to the rcos of december 12th through the date of february 11th when reconsideration this

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reconsideration hearing was scheduled um none of them copy mr wise uh the reconsideration

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the letter issuing the April 15th reconsideration hearing date is sent to Mr. Smith and it is not

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even copied to Mr. Wise. Now I would never had I known Mr. Wise's relationship was an ongoing

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relationship I would have included it. I didn't know that didn't realize that so no harm. All right

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Mr. O'Brien, have you concluded this portion of your testimony?

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Yes.

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The only thing I want to suggest, the Civic has repeatedly said that the compromise offer of three houses with the empty lot on Parcellet is somehow kind of an epiphany that four houses is not the least modification.

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the modification that the applicant is requesting is for the board to allow this to be developed

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according to rsa 5 standards the three house proposal proposed compromise still requires

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rsa 5 standards it doesn't change the relief that the applicant requested but it was the remaining

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issue that the civics had on the table was density and so okay we'll do three attached houses

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rather than two semi-detached and we'll have this empty lot on the corner uh i did not attend the

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hearing uh i think some of the witnesses that are going to testify uh mr wisena call will confirm

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that it was their opinion that this proposal as depicted i don't know if you can if it's still on

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screen, the two mansard roof twins was better than the three-lot, the three-house compromise,

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that the three-house compromise, as Mr. Smith articulates in his letter dated December 23rd,

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he has four or five or maybe six bullet points as to why the compromise proposal is not as

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is this as a as the revised plan but both require application of RSA five dimensional standards

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but why are we here I don't mean that sarcastic no we're here because we're saying that four

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is better than three I I'm I'm lost yes Mr. Chairman um

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i i'm i'm lost yes mr chairman um i'm also lost uh the the application is an rsa3 lot

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and the variance is seeking four houses it's not we mr o'brien is saying well if if we just ask for

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rsa5 it's it's not really a variance or it's not or it's minimal but that's that's not really in

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my opinion that's not really how the code works we have an rsa3 lot and a developer that has an

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agreement of sale on it is trying to maximize it and fill the lot and by putting them facing

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fleming street and calling them rsa5 properties um but if he's looking to amass if it's an economic

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issue isn't he kind of cutting himself short by removing one of the houses he's only building

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three as opposed to four i don't know there's no evidence on what the financials are when we

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the agreement was secret i think i think it's obvious that it could cost more to build four

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than it does to build three well i i can't speculate as to what the finances are i assume

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that it's cheaper to build three it's cheaper to build three on fleming than it is to build

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two on dupont and one on fleming but the neighborhood who has nothing to personally

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Gain wants to maintain that character on DuPont and has offered up a third property, which by

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right, there should only be two properties if they subdivide the lot. But we don't get to a variance

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because we haven't heard any evidence of a hardship. There's no hardship that supports

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a variance on this lot to build anything but a buy right property it could be a very large

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property on dupont or if he wants to split the properties it can be two good sized properties

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on dupont and the minimal variance would be a third one on fleming which the neighbors have

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have consistently supported density is not their main issue it's character on dupont and a curb cut

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on a street that has no driveways okay all right yeah but but the four on fleming street uh never

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mind you guys finish i'm not going to briefly counsel raised the issue of hardship uh it's

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the applicant's position that the record contains uncontradicted testimony that because of the

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existing multi-family dwelling the purchase price does not allow this property to be redeveloped

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according to the civic's wishes we have tried to work with the civic to find a way that makes sense

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and i want to refresh the board's recollection on the screen right now is 217 green lane

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and the following photograph is uh the corner of um wild and fleming street i mean this i'm sorry

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mr o'brien i have to object mr councilman i i don't know what the relevance of other properties

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is i'd like to hear let him finish we've made an effort the applicant has made an effort to

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develop this property consistent with the community to to have design elements that

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are compatible the civic in its letter requesting reconsideration criticized the applicant

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it, because it mentioned the Central Roxborough Overlay District. One of the exhibits offered,

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which is now on the screen, shows the Central Roxborough Overlay District, and it clearly

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shows that 270 Dupont Street, the red circle here, red square, is outside the district.

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we don't have to comply with the overlay but the applicant wanted to and there's a reason for that

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the code says that the overlay is important because it makes the area walkable and walkability

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serves the health safety and general welfare of the citizens by providing human scale design

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interesting and pedestrian friendly facades and eyes on the street my point was that the applicant

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He didn't have to do that, but he adopted these standards and applied them to these

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proposed buildings that are outside the district.

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In Mr. Smith's most recent letter of August 28th, he enclosed photographs of houses, 10

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houses on DuPont Street.

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I checked city records on these houses, and it revealed that not only is the existing

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structure on 270, a non-conforming multifamily dwelling. But based upon the 10 houses that

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But based upon the 10 houses that Mr. Smith provided, it may be the only non-owner-occupied dwelling in the neighborhood.

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Mr. Smith put in the house, the 10 houses, the 10 houses, the 10 houses, the 10 houses,

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All these 10 homes are owner-occupied.

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So by removing the non-compliant, the non-conforming structure, introducing four new homes with a shared driveway, two off-street parking spaces,

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it's it's a benefit to the community they're going to be owner-occupied

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i'll i'll uh i'll rest there but we you know relying on the record that was produced before

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the zoning board uh on the essential issues and again my letter of uh january 14th is

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a letter offered in summation and i stand by every word that's on the letter

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and Mr. Smith sent a letter on December 23rd, similar to mine, offered in summation.

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There was spin and hyperbole in that letter. I don't disparage that. He's trying to make

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his best position, but the civics positions in this case are contrary to the facts. RSA 5

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is consistent with the community's immediate, the immediate area, and these homes are consistent

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or even larger, that lots are even larger than what the civics have previously supported.

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Thank you.

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Mr. Chair, if it's appropriate, I'd ask neighbors and the RCOs to raise their hands so they can

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yeah and and for those folks who are preparing to testify i'm sure i know mr hunter and others

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have been here before we always ask that you as you speak you give us new and different information

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i could be wrong but i guess uh i'm going to be hearing a lot of we're going to be hearing a lot

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of the same things so we're going to limit your comments to two minutes thank you thank you mr

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chair um i in response to that mr hunter as an architect can speak to the streetscape uh argument

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on dupont much more eloquently than i mr smith can speak regarding the the procedures uh and the

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rsa3 um uh better than i have um so uh if you so choose mr chair um and i believe you should be

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able to see if if the neighbors in attendance have raised their hand um we'll handle that she'll

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she'll take that mr hunter mr hunter would like to speak first i believe and he's representative

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from uh neighborhood council mr hunter please raise your hand if you haven't already done so

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when you get on identify yourself with the record name and address uh can you hear me yes i can

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Excellent. It's John Hunter, H-U-N-T-E-R, address is 4308 Terrace Street, T-E-R-R-A-C-E, 19128, representing Man Utd Neighborhood Council.

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Do you swear in a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you, Mr. Hunter.

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And I'm sorry, John, do you need the screen or do you have documents or do you want me to put up the photos?

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I would like you, if I ask you, to sort of pull up a plan or something.

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If Mr. O'Brien could.

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Actually, if you could pull up the compromise plan with the X on it.

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Okay.

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If Mr. O'Brien could release the screen.

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Thank you.

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Thank you, Bill.

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Chairman DiCicco, I will try and avoid the filling of Groundhog Day.

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I will just remind you, and I wouldn't expect you to remember this,

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But back on November 30th in 2019, we went through this whole argument in exactly the same fashion from Mr. O'Brien.

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And we got to the end of me giving my version, which I'm trying to do now.

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And you asked me if the civics would be willing to consider a compromise.

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And I said we had suggested that we would be willing to discuss a compromise from day one.

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that we met with the applicant some over a year maybe 18 months ago now and then you turned to

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