civus
Hearing video

ZBA Hearing - August 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 3, 20216h 3m

above the current painted by structure again we are only asking for a eight foot setback on floors

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three to four in exchange for their variance the mosaic can be saved with slight modifications to

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the current building design and without over building to paraphrase the artistic executive

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director of the painted bride the artistic value of the skin of the bride is not comparable to the

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the artistic value of the skin of the bride is not comparable to the value of the livability

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value of the livability of

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of our neighborhoods light and air are the most basic reasons for zoning thank you great and um

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i can't believe uh i can't remember if it was you or max so whoever um spoke to me about this who

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had done the comps on apartments i would just like you to briefly um establish how you came up with

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what you thought a 15 reduction would um why that would occur uh uh can the board hear me

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yes uh this is maxim spielchow uh so old city has a lot of apartments a lot of them in alleyways

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existing warehouses uh we've had tenants move into us from units that face brick walls and they took

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our unit because you know we had light we don't understand a new building would be no matter what

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gets built does block light and air but once you get to a certain height it makes it more and more

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darker and and um um less airflow uh so we based our comps based on we looked around looked at

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units that were not as you know not as sunny and and based their values on that great and you own

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many rental units so you're experienced in pricing um rental units yes we do not many but we own

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quite a few great that's um i just wanted to put that on the record it's uh michael lady i just

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want to object to that testimony i think it's speculation we don't know what the properties

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are we don't know if they're comfortable i think it's just speculation what might yeah i normally

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would agree mike but uh they do own properties and they are familiar with real estate and the

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needs of uh tenants so i'll over you know you're truly comparable properties well

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they didn't give any list or anything. I'm sure they were provided. I'm just trying to keep this

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quick and simple to not drag this out as much as possible. I'm just going to summarize again,

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my client's biggest concern are light and air access to this property. And the proposal is

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having a large structure with 100% lot coverage, which is going to be very, very close and block

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light and air access they're asking for just a setback from uh from the property line uh their

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proposal is eight feet they are willing to negotiate and compromise on this um and if that

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was granted if we could reach an acceptable compromise they would be in support of the project

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one last thing it does not have a hundred percent lot coverage if it's the third fourth

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fifth six seven floors there is the cut out they know it so to say it's a hundred percent

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law coverage is incorrect sure i think we i think we established that at the last hearing it's it's

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20 open over um and 25 is required uh so we could you know look at what a setback would

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comp would look at at that extra five percent too mr marionni uh the testimony was just given by

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uh splizak i'm probably mispronouncing that i apologize has that been given to uh you you

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under your client? Are you aware of that? Yes, my client has spoken to Ms. Bozillo's clients. I

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think they said that, and they did have discussions, and they talked about possible

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compromises, but when I spoke to my client, he said that he could not, he could not, he gave them

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a proposal. They rejected his proposal, and he rejected their proposal, so they did have

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discussions about it, Mr. Chairman. I just wanted to make sure on the record that that's established.

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thank you uh jennifer any more uh any other witnesses for you um i do not believe so

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all right i just want to make an announcement it is now about 11 15 approximately we have

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numerous other cases uh i would ask that the attorneys and if you have your witnesses to

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please try to be as brief as possible not because the board doesn't care to hear what you have to

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say or is not doesn't think it's important but at the rate we're going i suspect this this hearing

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may have to be continued again because we're required to take a break for the employees

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uh who from the zone employees from or part of the zoning process will need a break at a certain

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time about 12 30 and then we have a two o'clock list today as well so just clear bear in mind again

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It can be as brief as possible and advise your clients to be brief. That would be helpful. With that, we'll go to Mr. McElhatton.

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Good morning, Mr. Chair. And I would ask that Jeffrey Reinhold to be elevated to be able to participate by video.

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I would move to incorporate all of the testimony of all of the folks who testified today, and I'm not going to reiterate any of their testimony.

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the theme that came through loud and clear from the earlier testimony

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was that there was no communication with some of the neighbors and that holds true for

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was that there was no communication with some of the neighbors, and that holds true for the individual who is the largest property owner adjacent or close to the building, and that's Mr. Reinhold.

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He owns the Chocolate Works, which would be impacted by any of the developments, but when you heard the last witness say, well, just do this, it would also have an impact on the Chocolate Works.

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So is Mr. Reinhold been elevated?

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Did he be promoted to panelists?

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Yes.

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Mr. Reinhold, please spell your first and most name.

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No, I'm sorry.

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He just needs audio, right?

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No.

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I would do his hand up.

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I thought he was on video.

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No, does he need to present?

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Yes.

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Jeff, are you there?

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Mr. Reinhold, please unmute yourself.

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I did, Chairman DiCicco.

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Thank you.

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Please spell your full name and I'll swear you in.

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It's Jeff, J-E-F-F, Reinhold, R-E-I-N-H-O-L-D.

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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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Jeff, where do you live?

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I live in Philadelphia, 2029 Delancey Place, Philadelphia PA.

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And are you employed and do you have a business?

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My business is located at 117 North 15th Street, Philadelphia.

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And what is the nature of your business?

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I am a real estate developer, owner, manager, primarily of multifamily apartment buildings.

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And do you have multifamily apartment buildings in the city of Philadelphia?

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Yes, we have five buildings in the city of Philadelphia.

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Consisting of approximately how many units?

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Just about 800 units.

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And one of the units that you own is the Chocolate Works, is that correct?

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One of the properties is the Chocolate Works, correct.

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Where is that located and specifically where in relation to the application on Vine Street?

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So the building's legal address is 231 47 North 3rd Street. It is located directly to the south across New Street from the rear of the Painted Bride.

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And approximately how wide is New Street?

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New Street is a 20-foot wide street. It has parking for one part of it, and then one lane, one way, I guess, west to east.

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And how many units are at the Chocolate Works?

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It's 135.

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And how many of those units will face north?

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North. So the north-facing units, there are 27 north-facing units, and north-facing units

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obviously look onto the Painted Bride site. And do they also look at various spots,

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both east and west, from those apartments? No, they do not. All right. And since you learned

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of this proposal for Lyon Street, has the developer or any representative of the developer

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reached out to you and had any discussions with you? No. And we appeared at the last listing of

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the zoning hearing. And since that time, I presume there's not been any outreach. Is that correct?

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That's correct. So there's been no communication between you and the developer, but have you had

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communications with the RCO? I spoke with the RCO in I guess it was late January but I haven't

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really had much communication at all since then. So please describe for the chair and the board

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members the impact that you believe this proposal as it is proposed now not various and sundry

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alterations or amendments to it what the impact of the proposed building would be on the chocolate

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works yeah i i'd like to do that may i share my screen so that i can show this yes may i okay

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just give them a minute okay

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and while you're doing that i'll take just that moment to say there was an argument earlier mr

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chair about the public policy and i understand that but the public policy is also that the

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the impact of any zoning on the community is paramount,

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not the impact on potential public art.

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public art um can you see my screen on not yet okay

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Can you see my screen?

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can you see it now no it's saying yep there we go you're up okay um it's just it's just a lot

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easier for me and I can be briefer chairman to Chico I think if I can if I can show this

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um so this is the north elevation of the chocolate works property and so this is looking from

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um the painted bride uh to the north and looking to this elevation this is the north side

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of the property and you can see the heights here um there are the the chocolate works property is

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actually four or five properties that were put together, the former home of the Wilbur Chocolate

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Factory back in 1985. So you can see that there's, it looks like two distinct buildings here.

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The front part is about 91 feet to the parapet, and the rear portion, the majority of the north

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elevation is about 80 feet to the parapet. What I'd like to do is just show you what the impact

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will be on this north elevation on these apartments and these windows and views and light

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and air based on the as right development and then with variances.

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So this is the property, the proposed development as I know it from the presentations that have been

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made by the developer.

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You can see there's a line that shows you the 65 feet height.

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And then you can see that it's higher than that,

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which represents the elevator and the pilot house

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and the stairwell.

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And so this is the as by right development

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with setbacks, which is required, as you all know, CMX3.

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And then the next slide is the proposed with the requested variances, no setbacks, additional height, and from the prior testimony, we heard that to the power pit, I mean, it's about 88 feet.

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and then, of course, the pilot house, elevator, and others, you will see that this property will

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be up to about 100 feet at its highest elevation. Now, what I'm showing you now is by right in the

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green and with the variances and the impact that it has on the Chocolate Works on the northern

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elevation. As I've already said, there's 27 apartments on this side of the building.

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They'll all be impacted in some way by this, but 11 of these apartments will be negatively impacted

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if the variances are granted and the larger structure is built. And I would just like to say

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just a couple of things about the proposed development. We've already heard testimony

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about the second floor and the second floor if you look you can see here where these notches are

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the second floor are the proposed keyed rooms or what I will call transient rooms

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with balconies and that balcony looks directly was on the south side of the of this project but

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looks directly over to the north side of my building so what we have is our transient keyed

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rooms with balconies. You've already heard testimony about, about, you know, Airbnb and

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party rooms. They tend to be party rooms and there's 10 of them. That'll certainly have a

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significant negative impact to the residents on the other side of, of, of new street, which by

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the way, the, the, the, the distance between these two buildings is no more, or is, is, is,

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it's about 40 feet um so so i would excuse me for interrupting i was going to ask that question so

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that the south side of the proposed building yes will be facing the north side of the chocolate

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works correct and what is the distance between those two buildings at that so new street's 20

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feet the existing sidewalk and i don't know this as a fact uh chairman de chico but i'm assuming

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a 10 foot sidewalk will stay there there's a 10 foot sidewalk on the chocolate work side so a total

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40 feet that's the distance so so the

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that's the distance so so the the first thing about the design is this second floor with balcony

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um for transient rooms and quite frankly they're they're they're party rooms um especially on

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weekends and and and they they are a nuisance people have already testified to that um the

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second thing about the project is that on the seventh floor there are balconies

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But on the roof, there are planned two roof decks, two large roof decks, as well as, as you would expect, the HVAC systems, which look like to be heat pumps, so heat pump farms.

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There is nothing in the design that, you know, mitigates the noise or sound that will definitely come from roof decks and from the HVAC systems.

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I guess I can't see it. But that has a significant impact. And the decks are enormous, which is, I guess, great for residents. But unless, you know, we understand what they're going to do regarding buffering noise and hours of operation, there will be certainly a significant nuisance to residents living, you know, 40 feet from the property.

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I want to object that there's no, that they're going to be a nuisance.

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I got to object to that. That's speculation.

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Stipulation. Sustained.

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Well, I will only say in my opinion of operating buildings with roof decks,

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that we really need to control the hours.

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And quite frankly, I haven't seen a building yet that has the size of the,

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basically the entire roof, except for the,

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the need for the HVAC systems and the pilot has our roof deck. So it's significant,

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it's substantial, and I do believe that they have the potential to be noisy.

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So that's my opinion anyway. So that's the issue. Do you believe that the proposed development

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it would have, as you've described, a negative economic impact on the chocolate works based

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on your experience as a residential landlord and residential property owner, department

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property owner here in the city of Philadelphia.

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And if so, what that impact would be.

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Yeah.

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So the impact, if you look at these outlines, you can see, look, by right, what you see

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and green is what can be built. What I'll talk to is the negative impact from the additional height,

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the balconies, the decks, things of that nature. And the additional height and mass of this

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property will affect 11 units. And what it'll do is it'll cause increased turnover.

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there'll be darker units and I understand the shadow study but it's not just shadow that impacts

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light it's it's it's it's the indirect light that that that that has an impact on a building

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some people spoke to that earlier so it impacts about 11 of the apartments and quite frankly

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just going higher and wider impacts all views from all of the 27 on that side so the significant

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it's a significant impact and would have a significant economic impact on on the property

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on our ability to rent the units and most likely the rent that we would receive

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from those units that are impacted. Thank you. Mr. Reinholder, is there anything else you wish

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to advise the board of? Yeah, I, you know, look, I, I, I understand what, you know, what can be

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done by right. What I, what I, what I just don't understand is a couple of things. There was never

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any outreach by this developer, yet we are the one of the nearest neighbors and probably have

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the largest building that's impacted, directly impacted by this development. And it has just

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been no outreach. And I don't see anything from the design that has been included in this project

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to help mitigate the obvious issues here and potential issues for the neighborhood. I just

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see that there's just been really a total lack of communication. And I've heard that from the

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other testimony starting in April. And it's highly unusual, in my opinion, as a real estate

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as a real estate developer and in my opinion as someone who's been in front of this board

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developer and, in my opinion, as someone who's been in front of this board.

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and been and have worked and has worked collaboratively with rcos highly unusual

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i have nothing further mr chair thank you uh if we could take down that screen mr

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reinhold that would be helpful okay thank you for your testimony uh i'm looking are there

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any other attorneys who have not yet had an opportunity to speak? If so, raise your hand.

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