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Hearing video

ZBA Hearing - July 27, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 27, 20222h 27m

Just like, you know, least minimum variance, you know, what, how can we, how can we approach

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least minimum variance? And so we started there. And, you know, given that the 76 unit is a 649,

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any units that you take off are going to lower that. Yeah. And just when you mentioned least

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minimum variance that was in terms of the height correct that if you took off the fourth floor

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which is 42 correct you now be under the you'd be now the whole project would be 32 feet

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right below so that's why that's right okay and i assume you also looked at it just to see

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if there was some way to objection he's leading we we looked at it because we were asked to look

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at mr fellman do your question please and let's see if we can't move this witness along no it was

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You were looking at least minimum variance, correct?

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Correct.

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We asked you to look at that, correct?

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You asked us to look at least minimum variance.

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So we came up with that scenario as a way to test that.

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So when Mr. Masters asked Mr. Roller, was it possible to build a building that was 40?

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And Mr. Roller, he said, yes, it is possible to build a building with 40 units from a design

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perspective.

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Is it possible from an economic perspective to build a building that has 40 units on these

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four properties?

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uh not and deliver a return you would basically lose money

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so i assume most developers wouldn't build a building that they would lose money correct

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correct okay excuse me excuse me what what would the rents be in your analysis so we so this the

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rents that we ran were uh rents that we received from uh the the consultant that the client had

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hired last year. And we, we bumped them up slightly based on what's happening in the marketplace.

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But 275 a square foot, it was the market rent that we used. And that's based on the unit size

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and what we're also experiencing in the project that we were, you know, currently operating close

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by. And also included affordable housing component, 20% was affordable.

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so is it possible to increase the rents over the period of time

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you know it's possible but as developers you know when you're running a viability analysis you've

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got to be cautious with how aggressive you get with rents because you don't know if you'll

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achieve them so we we have to go by what what's happening in the marketplace so did you project

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it out over 10 years we did we did and thank you yeah we projected it out over

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10 years increasing the rent 3% per year increasing expenses as well but that

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yes we did run that thank you more questions mr. office you also looked at

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our building the seven units as approved and what did you conclude it's barely

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uh it barely works what do you mean from a well in other words it comes in at a six four nine and

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you know part of the reason for that is you know across the board construction costs are high

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You know, part of the reason for that is, you know, across the board, construction costs are high.

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We use the same rent as we did in the 63.

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But you're spreading that those sunk costs, the 1.4 million in acquisition, as well as the site costs over more units.

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So it enables the project to to get a better yield, a better cash on cost.

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So your conclusion, if we went below the 76, we basically would be done a non-viable project.

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Correct.

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Yeah, I mean, it's relative. If you drop two units, for example, it might be a 6.4 and it starts to become unviable.

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We're already below the 6.5 that you recommend, correct?

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That's right. And so when you approach banks with a project with a cash on cost of 6.49, it's going to take a lot of work to get an institution, a bank to lend you the money.

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great i would uh i'll stop there um hi um mr uh helpless so um i have a bunch of questions for

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you let's start with the acquisition cost um why is there an acquisition cost on this property

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uh well we were we were given information from the client that

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when they purchased the property, they were given a cost for just the building that is there that

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they bought, as well as the rest of the site, and that the variance of the two was approximately

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$1.4 million after the final purchase and closing costs, et cetera, and carry costs.

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so when mr galley bought the property back i think as 2008 um you were given the information

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that he paid 1.4 million for that for those parcels of land correct um i'm going to show you

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the actual payment that he made which is two hundred thousand dollars yes i object that's

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that's that is not that is what's put on a tax certificate mr feldman mr feldman i gave you a

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of leeway mr masters proceed can i um get the screen access please

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mr feldman letting me take the screen please sure

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Um, Mr. Hawkins, I'm showing you a real estate transfer tax certification from the sale from

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Park Pleasant to Chester Realty.

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um this is um the chester realty is the entity that owns the parcels that are um at issue here

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where the where the rta1 um should be the development but instead it's said to some

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multifamily um you see that the actual cash consideration was two hundred thousand dollars

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Um, and, uh, that, uh, was here in December, 2012. Um, I also have, um, hang on.

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This is, um, from the opinion, um, in litigation called Gelly versus Park Pleasant. It's a U.S.

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District Court of Eastern District of Pennsylvania decision from 2011. This was a case where Mr.

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Galley and the owners of Park Pleasant were fighting about the terms of his purchase of

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their nursing home and the surrounding land. And in the case, in the highlighted area, it shows

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on July 14, 2008, Galley and Park Pleasant executed a purchase and sale agreement in which

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Park Pleasant agreed to sell Galley the facility, certain parcels of land adjacent to the facility,

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and substantially all of the assets of Park Pleasant related to the facility for $7.8 million.

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The purchase price contemplated was $6.8 million for the facility and $1 million for the land.

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But eventually, as we saw, Mr. Halkwis, Mr. Galley only paid $200,000 for that land.

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So let's go back to...

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Steve, Mr. Masters, was there an address on that land, that address?

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No.

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What was the address?

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Hang on.

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now the what prior the document before oh the the text thing all right yeah sure is there an

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oh the the tax thing all right yeah sure is there an address for that yeah

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address for that yeah

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property location c attached i do not have the attachment

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so we can definitely supply that um you know to the board for sure because we're going to

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be submitting our findings and conclusions. So, all right, let's go back to your...

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Okay, we're going to go back to the parameters. So, acquisition costs.

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If we, why would you be adding an acquisition cost that was paid in 2012, no matter what amount it was, into your analysis?

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Because you have to factor in that cost that's part of the cost of a development project.

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You have to buy the land.

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Even though it's a stranded cost from over 10 years ago.

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Absolutely.

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Okay. So now if we change the cost from $1.4 million to $200,000, does that change any of your cash on cost viability calculations?

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Yeah. So, okay. It does, to answer your question.

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Let's look at the one for the rental for the duplexes. You have a residential efficiency

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rating here for the apartments at 72%, for the duplexes at 90%, and these apartments for 71%.

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Can you define what the residential efficiency is and why you have different figures for the

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duplexes for the large unit? Sure. The residential efficiency is basically the

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leasable square feet divided by the gross square feet. And that's a factor that we always look at

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as we analyze development projects. And the 90 percent or the 72 percent is based on the actual

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drawing. The 71 percent is based on the actual drawings in which we did take off of the floor

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plans we were provided to determine the net square feet. 90 percent on the duplexes is a number that

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We don't have plans for the duplexes, but it's based on our experience.

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And that's the common stair that goes up that takes away square footage from the project.

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Okay.

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So a higher number is better for efficiency in this case, right?

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Correct.

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Yeah.

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Okay.

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Yep, absolutely.

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So now we have a lower number for acquisition costs.

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That's also better also, right?

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Correct.

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Okay.

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I object.

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That has not been established.

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To have a lower acquisition cost is always better.

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Okay.

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That's correct, but if you're situating it, if you have to pay less for property,

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isn't that better than paying more? Yeah. I mean, can we just confirm that, Mr. Hawquist,

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if you pay less for property, that's considered better than paying more for it?

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Correct. Okay. So the total cost for the rental will be different because of the lower acquisition

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cost, but on the sale, the total cost of the project loss will also be different, right?

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Correct. Yeah. Okay. So if we have, if 1.4 million minus 200,000 gives us a variation of 1.2 million,

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is that correct? Yes, it is. Okay. So then if we take 1.2 million and we, sorry,

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let's try to make this cooperate here and we um look at the bottom um profit cost and profit

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loss statement wouldn't that allow the the sale of these duplexes to be in the black and to be

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profitable uh it would be profitable but not to a percent if you're going if you're making three

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percent on a development project that's not considered viable no bank would finance that

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okay did you take into account any financing or subsidies for affordable housing on the duplexes

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we did not okay and when you do take into account such subsidies does that change the calculation

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for uh the viability of a project we did it would it conceivably would we did not run that so i can't

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really comment okay um but you can't say that if there was affordable housing subsidies that that

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but it may render the project more viable than it would be without those subsidies.

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It's possible.

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Okay.

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So in other words, we can't really determine from your table at this point

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whether the duplexes are viable or not viable because you didn't...

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whether the duplexes are viable or not viable because you didn't factor in all the possible

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factors that needed to be put into it. So we did run the project. When we run

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viability analyses, we look at two ways of running for acquisition. One is the actual cost you paid

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for the property. And one is the fair market value or the appraised value of what that property would

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be if you have that information. If you don't have that information, it's what our experience says

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that, for example, in a duplex world, what you would typically pay for a duplex per unit.

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So we ran it two ways. We ran it fair market value, and then we also ran it at what we were

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told the purchase price was. I don't have knowledge of what you were presenting earlier.

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We also, in terms of the actual, you know, what's listed as the, for tax purposes or whatever the reasons were, the purchase price, we also run it with zero acquisition.

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And when we do that, the reason we do that is we want to understand the impact that the acquisition is having on the overall deal.

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So when we ran it at zero acquisition cost, it still didn't work.

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Okay, let's talk about the store water.

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The duplexes still didn't work.

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Let's talk about the store water costs.

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Yeah. So did you factor in using any green stormwater infrastructure like green roofs?

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Yes. Where is that in your analysis? In the construction cost.

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Excuse me. Excuse me. Excuse me. Excuse me. The percentage for the stormwater,

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what was it in your total cost? Well, you mean the incentive as far as the

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reduction no the total project cost you in your construction cost you something the storm water

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cost you something what percentage of that the storm water was um i have to check my estimate

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but i think it was 300 000 350 000 something like that so that's about five percent six percent

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something like that thank you all right mr thanks mr hulkwuss that's the 300 to 350 000

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that's for the duplex project or for the multi-family uh the multi-family was slightly

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higher because it was a larger system but we're still displacing 20 000 square feet of area there

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was no design done by a civil engineer on the duplexes to determine the exact size based on

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our experience uh of these types of projects including the project that we're doing uh

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currently the 22 townhomes uh that's the that's the the number that we uh assigned to that but

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the 22 townhomes that you're doing you're doing gray infrastructure not green infrastructure is

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that correct we were uh the 22 townhomes we at one time had a stormwater management system

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gray yeah a cistern which is quite expensive and we're now doing uh green which involves

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uh pervious paving um and um you know a different way to manage your utility so um

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okay but in this case in this case mr hotquist we're talking about we're talking about um like

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twin homes, where all of the yard is permeable grass. And the only impervious part of the

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development is the roof. Is that correct? Correct. And the pavement. And the driveway,

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I suppose. And the driveway. Yeah, I did a takeoff of the square footage of the

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buildings themselves and all the paving that was shown on the plan, which was 20,000 square feet,

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which exceeds the threshold for stormwater. And basically what I was told by Mr. Roller was that

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we would need a stormwater basin. So we assigned a cost for that stormwater basin.

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That's a gray basin. Right. But if in fact there was a, let's say, I'm not even conceding that

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there is necessary to have a stormwater management system with these small structures. But if there

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was, and we put a green roof on there, then we wouldn't even have to redo the paving to permeable

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because we wouldn't need a stormwater management system at that point.

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Would that be your understanding?

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Well, I mean, I'm not a civil engineer.

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I have a rough idea of what we experience,

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but I can't really comment on whether or not we would,

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that there's adequate square footage on the roof or green roof

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to displace a stormwater management system.

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I mean, I don't know, do you build single family homes?

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Yeah.

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Okay. Have you ever seen a stormwater management plan for a single-family home?

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No.

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Right. These are basically the footprint of a single-family home. Is that correct?

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That's correct. Right. So why would there be a stormwater management plan?

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That's correct.

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Right. So why would there be a stormwater management plan?

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Uh, because your development exceeds the square footage, uh, uh, if these are subdivided in each

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of these homes as a separate. Steve, he explained it because the collective earth disturbance that

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happens on this, on a site, you can't just, okay. Okay. You can't, you can't just, you can't just,

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this is not one rta one lot this is 36 000 square feet of property that is being okay all right i'll

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thank you i understand that but mr howquez you basically are choosing further add and i can

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wait wait a minute wait a minute wait a minute let mr masters continue mr felden i'm going to

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give you a chance for a recross okay um so mr howquez so you you've said that you basically

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are baking in the higher numbers for stormwater management for these projects because you're

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putting in gray cisterns and not using green infrastructure. That's what I heard you say?

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