civus
Hearing video

ZBA Hearing - July 22, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 22, 20204h 57m

Mr. Feibus, you have a private trash collection, correct?

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We do. Yes. Okay. And now I'll go ahead.

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I was just going to share the commercial tenants are responsible for their own trash collection.

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And we'll obviously coordinate the hours with both our residents and neighbors in the area.

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And then we'll be responsible for the trash collection within the building itself.

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It'll have private trash collection off of both 21st and 22nd.

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Okay. And you heard a lot of testimony, both from me and Mr. Hernandez,

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with regard to the number of parking spaces provided.

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Obviously, we attempted to maximize that

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given the size and scale of what we had

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as the underground basement that was existing.

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In your expert opinion,

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do you believe we're providing enough parking

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for this project and even additional parking

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beyond what is necessary to meet the needs of this project?

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Sure, which is one small point of clarification.

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then I'll answer your question. The existing or former basement that was

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within the Chocolate Factory has been fully demolished. We're proposing to pour

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a new underground parking garage which will occupy 100% of our below grade

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square footage here. So there's no additional space that could or would be

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available if we went beyond the former footprint of the building. This is going

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to be a new parking garage, which occupies 100% of both our commercial footprint and our green

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footprint behind it. With respect to my experience managing apartments in this neighborhood in

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particular, a vast majority of our tenants, specifically 80 to 85% of them, do not own a

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vehicle, do not have an interest in paying to park, and utilize public transportation and

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opportunities to walk into Center City for work here. These are generally

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upwardly mobile tenants who work and shop and participate in all the

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activities that Center City and this neighborhood has to offer and don't

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depend on a vehicle. So in this building, as in many of the other buildings we put

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up in this neighborhood, our expectation is that these parking spaces will

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ultimately be granted to the general public and not to our tenants within the building.

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And now, Mr. Feibusch, with regard to the loading spaces, the loading bay that we were describing,

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do you also believe in line with what I already testified to and Mr. Hernandez testified about

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that our one proposed loading bay is more than sufficient and protects the pedestrian right-of-way?

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Very much the case. So I don't know a lot about the commercial loading and relied on the experts and the engineers at both Aldi and CVS to dictate what may be required for their respective spaces.

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This was designed exclusively around their requirements, their specifications, their truck length here.

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But certainly we do not need truck loading for our residential apartments here and believe that the loading zone that exists off the 21st Street is sufficient for all of the needs of this building.

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Okay. And now, Mr. Feibusch, as you've been one of the primary drivers and developers in the change of this neighborhood, would you quickly describe for us what you've seen as the transformation of Washington Avenue over the last 5, 10, 15 years?

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Sure. Washington Avenue historically was an industrial thoroughfare. Anyone who's had the misfortune of trying to walk across it has experienced having to dodge forklifts and trucks and loading and unloading of a host of industrial raw materials and finished goods.

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Over the last few years and going into the next several years here, there's a lot of hope and excitement that I certainly share where Washington Avenue has become a much more pedestrian scale corridor here.

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where Washington Avenue is going to become a much more pedestrian-scale corridor here.

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So the repaving and the redrawing of the bicycle lanes and the street lanes,

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which are ongoing or beginning from Otis,

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in conjunction with all of the proposed developments on the north side of Washington Avenue

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and the south side of Washington Avenue,

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is going to completely transform Washington Avenue from Broad Street all the way to Schuylkill Avenue

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over the coming few years here.

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This piece here at the Chocolate Factory.

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Mr. Fibers, just let me interrupt you real quick, because I think this is relevant.

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What you just started describing was the north side of Washington.

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I know that you had an exhibit showing multicolors about the north side of Washington.

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And I just want to let you know, unfortunately, you couldn't see this on Zoom, but I know you're familiar with the exhibit since you created it.

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I just put it up for the review by the zoning board members.

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So if you want to describe what you create.

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Sure, absolutely. And forgive, so I'm both not technologically savvy and also a pretty poor artist here. The areas that I highlighted in blue are already approved projects that have no curb cuts along Washington Avenue that really engage the streetscape in a meaningful way with vibrant, active, direct use to prospective pedestrians and customers.

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The blue areas, excuse me, the purple areas are areas that the properties that my office owns or manages, with the middle purple section there being the project in question here.

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There's only two pieces absent the chocolate factory parcel that's before you today that still have an undetermined future.

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One is 2301 Washington to our immediate west that we're hopeful of but can't obviously speak to yet.

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not having any curb cuts along Washington Avenue, and then the little area to our right here at the

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black section is a project that went before the zoning board just last week. But absent those

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two projects, I can speak definitively to a perfectly intact Washington Avenue from Broad

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Street all the way to Schuylkill Avenue over the next several years, and we're thrilled and

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fortunate to be playing a small part in that. I have a question about that. I'm looking at

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this diagram.

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Are you suggesting, Ori, that

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AutoZone, the Marine

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Club, which currently has curb cuts off of Washington Avenue,

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or let me start again. Are you suggesting

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that AutoZone, I'm trying to think of the other

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builders, not CNR. You're referring, forgive me for

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interrupting you uh chairman chico uh you're referring to the south side of washington avenue

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which has uh different considerations and that i can't speak definitively to this is the north side

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uh that we're referring to here where the bicycle lane and the pedestrian thoroughfare has really

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been focused on with otis okay yeah so we're referring specifically to the north side of

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washington avenue you are correct that the south side does lag quite a bit from the north side

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all right now mr feybush uh obviously we're we're proposing a large project but this is a hundred

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thousand square foot project that we were trying to take off in bites um and and you could have

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actually built an even much much larger in scale project uh at this site but chose not to could

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you walk us through the determination for that? Sure. So my office and I are hyperlocal. We live

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in a neighborhood. We sit on board positions and participate in countless community efforts

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and organizations to revitalize both Washington Avenue and the Graduate Hospital neighborhood.

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And we're not tone deaf. We've been listening for years and years and years as to what the

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community wants to see here. And we're just fortunate to be in a position where we're able

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to play our small part of helping to bring it to fruition here.

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So we have a real good pulse.

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I hope we have a real good pulse of what this community needs and wants.

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And I think the heavy support that we've received both from the city and from stakeholders here

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really speaks to that.

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But this project was designed with every neighbor in mind.

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I mean, we met in living rooms, in my office, at SOSMA's offices time and time and time

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again and that designed this project and redesigned and redesigned it until

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everyone was not just satisfied but that everyone was excited and happy about

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what was before them here so that this is truly the definition of design by

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collaboration and design by consensus and the end result is something that I

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very much am proud of and very much believe that both neighbors and

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customers will be proud of for years to come all right well thank you mr.

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All right. Well, thank you, Mr. Feibusch. That concludes everything I have for you.

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Mr. Feibus, that concludes everything I have for you.

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Ms. Sunket, if I may, I'd like to call Rhett Chaliberty.

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Before we do that, board members have any questions for Mr. Feibusch?

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Thank you. Please proceed, Mr. Whelan.

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Sorry, Mr. Chairman. Ms. Sunket, I'd like to call Mr. Chaliberty.

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Okay, I would ask that if all your witnesses could raise their hand so I can identify them and allow them to speak.

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All right.

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These are witnesses in support of or connected to the project, not Protestants.

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Chair, we have quite a few hands up.

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I would say 10, 11 hands.

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okay i i still have uh three witnesses all of which will be uh short i i have our engineer

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a land planner and then i have uh miss atiyah grooms uh which would be very brief i'm not sure

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who the other participants are in support i assume just near neighbors

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call your next witness yeah miss sunket um are you seeing ret chileberti on the phone

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or on the uh yeah if you could please call him

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right you're here you're available to speak can you hear me yes we can right all right great

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Hello, everyone.

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Mr. Chilliberti, please identify yourself, spell your name for the stenographer.

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Sure.

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Rhett Chilliberti.

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That's R-H-E-T-T-C-H-I-L-I-B as in boy, E-R-T-I.

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With Mazer Consulting, and we're 1500 JFK Boulevard, Suite 222.

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

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I do.

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Please proceed.

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Thank you.

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Thank you, Chairman. Mr. Chilliberti, you are the project engineer for this project, correct?

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Yes, that's correct.

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Okay. And if no one has any objections from the board, I would like to present Mr. Chilliberti as an expert witness as an engineer.

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Understood. Thank you.

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And Mr. Chilliberti, did you hear all the testimony that I presented earlier today?

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Yes, I did.

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And is it true and correct to the best of your knowledge?

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Yes, it is.

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And would you adopt it as your own?

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Yes, I would adopt it as my own.

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All right.

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So obviously, Mr. Chilberti, there's been a lot of testimony thus far.

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Please just let me know anything in addition that you'd like to add, particularly with regard to the parking or loading refusals, as you think appropriate.

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Sure. As far as the loading goes, you know, the required loading is certainly driven by the current zoning district. And, you know, as you had mentioned before, the loading space for the Aldi is adequate for that, you know, space and size of that use.

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all right thank you and uh how about the regular parking do you have anything additional to add

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with regard to the regular parking i do not other than that you know it is it is adequate

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all right uh thank you very much that's all i have board members unless anyone has any

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questions for mr chileberti questions from board members please proceed next witness thank you

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Mr. Chilaberti. All right. Ms. Sunketa, I'd like to call Nancy Templeton.

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I understand she's also on via Zoom. She's available to speak.

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Ms. Templeton, are you there? I am. Can you hear me? Yes. Ms. Templeton, please identify

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yourself with the records. Spell your name for the stenographer, please. Yes. Hello. I'm Nancy

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Nancy Templeton, N-A-N-C-Y-T-E-M-P-L-E-T-O-N, with CH Planning at 1520 Locust Street.

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Thank you.

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

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I do.

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Thank you.

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Please proceed, Mr. Whelan.

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Thank you, Ms. Templeton.

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And if the board is acceptable to it, I have screen shared an exhibit that was already provided, which is the expert land planning report from Ms. Templeton with regard to this matter.

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And I'm happy to walk through her credentials, but otherwise I would offer Ms. Templeton as an expert land planner.

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Let's stipulate to that.

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Thank you very much.

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uh miss templeton you were asked to provide an expert land planning report for this matter

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yes and uh actually i guess i should say in advance of that

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Yes. And actually, I guess I should say in advance of that as a preliminary,

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you heard all of the testimony that I provided earlier today? I did. And do you believe it to

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be true and correct to the best of your knowledge? I do. And would you also adopt it as your own?

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I would. In that sense, unless you believe it necessary, I will skip through, you know,

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the background or preliminaries with you, obviously to it as you deem necessary. But

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if we jump to your conclusion, what is your conclusion with regard to your expert land

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planning conclusion with regard to this project? Well, ultimately, and I think we've heard a lot

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about how the corridor has transitioned and is transitioning to more residential and mixed use.

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And frankly, the I-2 zoning is outdated and inappropriate, and any uses that would be permitted are not appropriate or compatible with the existing neighborhood.

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And in fact, I think both the planning commission and their central district plan and the Philadelphia Industrial Development Corporation have confirmed that this corridor just is not suitable for further industrial growth and that it's more of a transition to more commercial and mixed use areas.

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And in fact, in the central district plan, the planning commission has proposed residential mixed use specifically for the site and a change in zoning to IRMX, in which case the proposed plan does meet all of the IRMX zoning requirements.

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And in fact, generally, the proposed plan is far more compatible and beneficial to the neighborhood than what would be permitted under the I-2 zoning.

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Okay. Thank you, Ms. Templeton.

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And did you find, did you conclude that there were any detrimental aspects in your opinion

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with regard to this plan? No, only, you know, I think instead of detrimental,

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more beneficial than what would be permitted under the existing zoning.

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Thank you. And I appreciate the correction.

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And therefore, you believe that in your expert opinion that this project satisfies the

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requirements for a variance yes i do thank you very much um i will offer miss templeton up for

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any uh questions by the board members any questions from the board member any board member

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seeing none let's move on to the next witness no all right my my final witness today is uh miss

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Ms. Sunket is Ms. Atiyah Grooms.

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I believe she called in on her phone,

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which should end in 0121.

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Ms. Atiyah, you can unmute yourself

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and you should be able to speak.

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Yes, I'm here.

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Yes, I'm Atiyah Grooms.

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Ms. Grooms, could you spell your name for the record?

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Yes, Atiyah, A-T-I-Y-A, Grooms, G-R-O-O, M as in man, E-S.

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All right, and Chairman DiDico, would you like to...

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Ms. Grooms, you identified yourself, but do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you.

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All right. Ms. Grooms, did you hear the testimony that I presented today?

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Yes.

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Do you believe it to be true and correct to the best of your knowledge?

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I do.

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And would you adopt it as your own?

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I would.

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Now, Ms. Grooms, you had the responsibility of providing all the required notice under the code for this project, correct?

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Yes.

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