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Hearing video

ZBA Hearing - September 20, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 20, 20223h 36m

and it is in conformance with the supreme court and and related case law in the lower courts

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now with respect to commercial space you please note and and it's being made to seem uh i believe

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in uh mr master's uh opening statement that we had commercial we didn't have commercial

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that this was done on a whim.

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The board has to note that our lack of commercial space

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is in direct response to the desires of the community.

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Although there are commercial uses along Belmont Avenue,

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this corner of Belmont and Parkside is solely residential.

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When we started this process,

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we offered to move the mural

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from its location. And because that location did host the mural, we were going to put a Philadelphia Star, a Negro League baseball themed coffee shop as part of our commercial as to give back.

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We were told that that they didn't want that. So we took the commercial out. And that's why we have a new scheme and a new application for

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for this project. I'm just going to object that Mr. Beauvais is now alluding to hearsay. We don't

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have any identity of who the mysterious people are who have been directing his client to put

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or to remove commercial uses that are required by the zoning code. But we do know that the zoning

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code says that he must have a commercial space on the first floor and he has a refusal for it.

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So I'm asking the board to just strike the comments from Mr. Bovee that don't identify who these mysterious forces are in the universe that are conspiring on commercial spaces.

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So, Mr. Masters, we take note of exactly everything you said.

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Mr. Bovee, continue.

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just just let just just so you know we we have this schedule for an hour i'm getting up to about

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you know 55 50 55 minutes right now so what i think i would want you to do mr beauvais is to

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start to finish up and then we're going to have to have a resumptive hearing understood understood

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but just mr masters you understand that too is that okay i do well that's your call mr chair i'm

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i'm good with what your call is so let's let's let's mr beauvais start to get to the point

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where you're finishing up where you are and then we'll plan where we're going to be the next time

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where you know where we left off understood mr chairman so but but just on a side note and quick

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response right you know the testimony the notes of testimony for the last two hearings where it does

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discuss uh the that commercial shouldn't be uh is not desired is there in a packet and

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and mr masters could could look for himself who in his clients organization

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mr masters could could look for himself who in his clients organization has uh uh suggested this so

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um let me just see where i am uh so given given the the

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lack of commercial space

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we actually decided to follow the community because we actually

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agreed with them. Commercial space will most likely be a struggle because of the lack of

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pedestrian traffic and because the community did say to us in more than one occasion that they

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believe commercial use on the ground floor will create vehicle pedestrian conflicts and it will

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probably create more congestion in that area so we agreed and we believe that that with that

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it makes sense because we're in a residential area and this will make it solely residential

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now i'm just going to call my witness if the board doesn't mind and then i i i think if you

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If you call your witness, your witness will be on a little bit and they'll be crossed.

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So I think we should start to end this now.

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Now, I would say they tell me that the council person may be in the audience.

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I would like, if I could, to get her on record before we have a resumptive hearing.

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You're both okay with that?

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Yeah.

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Yes, definitely.

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Is the council person in the virtual audience?

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Do we see her in the virtual audience?

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Yeah, Ms. Gaudier is in the audience with her hand raised.

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Okay, thank you.

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May I allow her to speak?

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Yeah, please.

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Good morning.

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Good morning.

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Can you hear me?

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Yes.

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Could you state your name and spell it for the court reporter, please?

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Sure.

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Jamie Gaudier, J-A-M-I-E-P-A-U-T-H-I-E-R.

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Thank you.

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

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I do.

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Proceed.

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Mr. Chair, members of the board, I'm here today to oppose the proposed variances at 4306 to 08 Parkside Avenue.

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I testified in opposition last year as well and I'm back again for similar reasons.

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This new proposal is less of an overbuild but it's still an overbuild. Though the plot is uniquely

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shaped it is comparably sized as many of the other two or three unit multi-family parcels along

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Clarkside Avenue. We know the community would welcome a by right proposal with ground floor

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commercial for housing units and 38 feet inches of building height this was made very clear during

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the series of community meetings about the original proposal last year and it was reiterated

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yet again this year but it still falls on deaf ears adding insult to injury this year's proposal

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removes the only component of the project that could have been considered to be community serving

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which was the ground floor commercial space. The applicant has stated that this was in response to

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community feedback but really this just figures to better serve their own interest because they

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replaced the commercial space with more housing units bringing the total number to 12 units which

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is still a significant overbuild. The community of East Parkside has spoken very clearly and

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unequivocally, and I ask that you hear them today. Between both these proposals and a half dozen

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community meetings over a two-year period, each vote taken results in overwhelming opposition.

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In fact, some of the strongest opposition I've seen since assuming this role. So I ask you today

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to deny this variance, and I thank you for your time. Thank you. Mr. Beauvoir, Mr. Masters, any

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questions i just have an acknowledgement uh councilwoman i appreciate your passion

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thank you mr masters um i uh the council member is is a witness on the on our client side so we

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um we wholeheartedly endorse her comments thank you council thank you very much um so we're going

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to end this down we're going to schedule a resumptive hearing um tanya you'll be in touch

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with them when the next hearing will be on no chair i have the date um typically resumptive

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No, Chair. I have the date. Typically, resumptive hearings have to be announced for the record.

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hearings have to be announced okay

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So December 20th at 930 a.m. is the date that I have.

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And we will allow enough time for them to complete their presentations.

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Mr. Chair, this is Hillary. Can I just ask each of the parties to advise how much of a presentation they have left,

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number of witnesses that sort of thing so we can plan accordingly why don't we do that darwin you

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go first what do you have left yeah i i know i have the applicant um jermaine yakubov and um um

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i may have one other so let's just say a total of two okay and how long do you think that'll take

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you um to to for both of them to testify uh maybe about 20 minutes each 40 minutes okay

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mr masters um we have four witnesses um members of the board we have the two leaders of the rcos

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we have um two near neighbors one uh it's going to testify concerning um the the safety um and the

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the fear that they have with this alley that's being uh proposed in the design and the other

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one is going to um testify to um the the irresponsibility of of the of the applicant

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and the public the public harm that's going to call that would come from putting um a property

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that he would control in that location i i know you object to that but mr masters well everyone

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objects to his conduct that's good that mr bovay joins me on that let's go back mr masters how

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much time do you think you need um i think we're going to need an hour for your presentation well

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yes because i imagine that mr bouvet will be um cross-examining our witnesses so we're talking an

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hour and 15 20 minutes for both is that possible hour and a half i think an hour and a half would

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be a good a good allocation darwin um yeah how much what let me ask you tanya what do you have

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to give um so if we have to do more time than the typical hour we would have to push it into january

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can we do it in an hour um mr chairman it sounds like january well my my concern

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my concern mr chair is that um um since mr bouvet hasn't concluded his um his presentation

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he may, as has happened, and not that he's done this before, but other applicants' attorneys have

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run out the clock on some of the cases that I've been involved with. So if there were strict time

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limits put on Mr. Bovee's witnesses, then we would understand if there were also time limits put on

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ours but um up till now um this has been mr bouvet's um you know sole presentation and it's

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taken quite a long time so let's let's let's say a half hour for each one hour we're going to finish

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this in an hour i'm sorry this is tanya in order to keep it clean how about we do january the 18th

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at 9 30 in which they will have enough time to give their full presentation and i will limit that

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schedule well okay we'll we'll do that i i appreciate that okay all right thank you

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thank you both by the way frustrated but i love you tanya thank you both we love you too all

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all right mr chairman this is definitely the city brotherly love today thank you

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thank you for um the accommodation okay thank you

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Case number three, MI 2021-004362-105 Bethlehem, Ike, Henry Clinton.

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I'm going to bring Henry on and then I'll do all the, I'll list the rest of the cases.

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Mr. Clinton?

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Chair, Mr. Clinton is coming in now as a panelist.

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Morning, Mr. Chairman, members of the board.

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Morning, Mr. Clinton.

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State your name and spell for the court reporter.

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You're Henry Clinton, C-L-I-N-T-O-N, 1313 South 33rd Street, Philadelphia, PA.

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You are Henry Clinton, C-L-I-N-T-O-N, 1313 South 33rd Street.

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

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I do.

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Mr. Clinton, we're going to list all your cases at once, and my understanding is you'll then do an opening for all of them, and then we'll go each case. Is that okay?

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That sounds good, Mr. Chairman.

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So I already called your first case.

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The next case, MI 2021-004-356-18 Hilltop Road.

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Next case, MI 2021-004-359-8532 Germantown Avenue.

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Next case, MI 2021-004-361-101 Bethlehem Pike.

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I'll be right with you.

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Next case, MI 2021-003-132-8622 Germantown Avenue.

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MI 2021-003-131-8624-26 Germantown Avenue, MI 2021-004-363-7928 Germantown Avenue,

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MI 2021-004-360-8137 Germantown Avenue, and MI 2022-000-448-8042-44 Germantown Avenue.

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Mr. Clinton, could you identify your client and their relationship to all those properties?

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Sure. My client is Bowman, B-O-W-M-A-N, Properties Limited.

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And the principal is here on the call, Richard Snowden.

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And I will have another witness who is an employee and a director of leasing for Bowman Properties, David Hoylman, H-O-Y-L-M-A-N.

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Right. And our vice chair, Carl Tenere, has a few questions.

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Hi, Mr. Clinton. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do with regard to all the cases, Ms. Tenneri.

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Okay. Have you emailed the exhibit packet with proof of ownership, tax compliance,

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a copy of the refusal or referral, photos under plans of the properties,

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five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes to all nine projects.

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Okay, you may proceed and please begin to share the voluminous screens that we're about to see.

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All right, well, first I want to do your opening statement and then tell us how you're going to list the properties.

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Okay, so I appreciate, first of all, Ms. Sunkett, she's getting a lot of shout outs today, but I'd like to join in that chorus because this was a yeoman's effort to get nine cases scheduled at the one time.

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So our sincere thanks, both my client and me, to Ms. Sumkin.

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So I basically have an opening statement.

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I'm going to try to do this in an hour.

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Not that I'm going to go fast, but I'm going to try to be as thorough as possible and stick to the facts.

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So first, I want to talk about Bowman Properties.

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I want to talk about Mr. Snowden, the project, the legal end of this, preparation for it, and community organization.

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So first, Bowman Properties.

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Bowman Properties is a long-term holder of numerous commercial properties as well as

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residential properties in Chestnut Hill. Mr. Snowden and his grandfather started this company

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in 1981 and been in continuous business for 41 years since that time. They have a sensibility

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and an historic feeling for Chestnut Hill. Mr. Snowden has about eight employees and he also

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has about 15 field employees who are doing renovations and work on his properties. And he

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has in excess of 62 commercial tenants in the Chestnut Hill area. But most of them, 47 of them

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or so, are mom and pops, small stores, galleries, you know, gathering places for people in Chestnut

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Hill. And over the course of his 41 years, he has restored about 75 historic buildings in

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Chestnut Hill. That would be part A of my opening. Part B is Mr. Snowden himself. He is the principal

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of Bowman Properties Limited. He'll be a witness today. He lives in Chestnut Hill.

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He lives in Chestnut Hill. His office in Chestnut Hill. He breathes Chestnut Hill. He loves Chestnut Hill.

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His office in Chestnut Hill. He breathes Chestnut Hill.

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He has made at least 18 contributions to the conservancy at Chestnut Hill of conservation easements.

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And he shops at the stores that are his tenants and he eats at the restaurants that are his tenants.

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the project the purpose of today is projects and requests to the board are in in seven of the nine

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cases is to basically change the commercial makeup of some of the storefronts on germantown avenue

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and off germantown avenue and lessen the square feet of the commercial spaces without changing

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the front, you still have a storefront, but in the rear, making those rear areas into residential

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spaces. Now, there's a couple where we're actually converting the commercial fully to residential,

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and there's a couple that we're legalizing former uses, but I'll get through the detail of that as

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we work through. One thing, it's really important, every residential unit or one bedroom apartment

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that we're suggesting will have parking. The other thing that's really, really unique, and I think

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the board will like this. Bowman Properties takes out the trash for every commercial tenant,

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takes the trash cans out literally when necessary, where they have commercial pickup, and then make

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sure the trash cans go back from whence they came. Again, Mr. Snowden walks these streets. He wants

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to make sure everything is looking tidy and neat. And that's one of the things that his company

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engages in, which I find unique to many people that we see present before the board.

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So we're basically decreasing the size of the commercial storefronts and in the rear of those properties, putting in one bedroom residential units.

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And there's a need for that, not only because these commercial spaces have sat vacant for a number of years, but also there's a lot of calls for some of the individuals in Chestnut Hill who are retiring and they want to stay in Chestnut Hill because it's a vibrant community and they want walk up living.

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They want to be able to walk into their apartment and then walk to the avenue and enjoy the amenities that Chestnut Hill offers.

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Next is an overview.

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Why are we doing this?

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Well, because the retail spaces, not only at Chestnut Hill, but throughout the country are struggling.

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I think they're realizing that they don't need as many square feet as they thought they did.

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They don't have the back office and they're not using the back office for storage.

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so they're looking for a smaller footprint. Smaller footprint translates into less dollars

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devoted to rent and more dollars devoted to marketing. So we have calls and Mr. Stoding

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can address it. We've gotten calls from entrepreneurs, startups who don't want the

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square footage that a lot of these spaces have. The beauty of this proposal is you're still going

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