without getting into the substance right now but i think you're you're going to hear some
um so our dispute of some of the statements that uh mr clinton has made um and that was made in
the continuous request that goes to to the substance of the case and to the procedural
steps that we have taken to engage with the community um but it looks like carl is finally
unmuted so i'll pass it over to him uh yes mr chairman members of the board i'm ready to proceed
mr primavera have you been sworn in yet i have thank you i'm sorry but um was mr bertille
sworn in earlier yes he was and mr primavera you've been sworn in do you um agree to wave
the reading of the refusal and stipulate to its accuracy? Yes, I do. And have you emailed the
exhibit packet with proof of ownership, tax compliance, refusal, referral, photos and or
plans of the property five days in advance of this hearing? And have you met with the RCO? And do you
have a letter? Yes. So Stephen did the exhibits. Excuse me. We met with the RCO, as you'll hear,
in various committees and subcommittees, over 20 meetings. And we do have a letter of support
from the Chestnut Hill Community Association,
which is in our package and identified,
I think is exhibit 16 or something close to that.
Okay, great.
So somebody may continue.
For the record, in addition to the RCO,
there are numerous letters of opposition.
So at the end of the day,
and I apologize, Henry, if I'm wrong here,
If we continue it, it's not unlike us doing a resumption here.
If we continue it, it's not unlike us doing a resumption hearing.
You're still going to have time between now and the date of the resumption hearing.
For the councilwoman's office and those who are in opposition to have further conversations with the applicant.
That would be fine. And we've already expressed that.
Mr. Chairman, I agree with you, but I just think it puts the neighbors at a disadvantage
because now we're moving forward with testimony that's going to be on the record.
We're going to have, you know, perhaps extensive cross-examination, more time, whereas if the neighbors had a chance to talk to the developer directly rather than to the board, we might be able to come to you in a month and say, everything's resolved.
I agree. And normally I think, you know, that's how I operate. But because there were 20 meetings already, I don't, you know, it's not like they haven't had this opportunity.
I'm not discounting the fact that there are people who are still opposed.
This is kind of like a continuance.
We call it a resumption hearing.
They can go, you have from now until that date, whenever that will be.
I suspect it will be in June sometime, which gives you five, six weeks for those folks to have that conversation with the applicant.
Yeah, I think that would be great.
I THINK HENRY'S FIRST APPEARANCE ON ZOOM ON THIS MATTER WAS OCTOBER 20TH OF LAST YEAR.
SO THIS HASN'T BEEN A RUSH CASE.
BUT LET ME PROCEED AND THEN WE'LL GO WHERE THE BOARD WANTS US TO GO.
SO AGAIN, MY NAME IS CARL PRIMAVERA.
I'M HERE ON BEHALF OF THE OWNER OF THE PROPERTY.
IT'S NOW CALLED 30 WEST HIGHLAND AVENUE IN CHESTNUT HILL.
It has incorporated two prior parcels, which are landlocked to the rear, known as 14 Rear West Highland and 22 Rear West Highland.
The current location is being used by the owner in his business.
The business is E.B. O'Reilly HVAC, which is a longstanding contractor in Philadelphia.
The property has a stone building, of which you'll hear more, where he has his business office.
And then the area has a large parking lot where he has 20-plus vans, which you'll probably see around Center City, as well as cars for employees, vendors, and the like.
There's also a separate structure in the back where I believe he has his apartment and maybe some other activities.
The property is split-zoned.
It's CA1 and CMX1.
Now, why is it CA1?
Well, this was a location of a car dealer back in the days when Chestnut Hill had multiple car dealers because they were located in fairly close residential areas.
And at that point, the dealership had frontage on Germantown Avenue as well as Highland Avenue.
So at this point, the lot's been consolidated.
The only frontage we have is on Highland Avenue and the rest is landlocked.
Interestingly, even though we're split zoned 60%, I believe CA1, which is auto-centric, and CMX1, which is typical commercial, is 40%, either side of our property, as you'll see in the exhibits, are homes.
So you start at Germantown Avenue, on the corner is Killian's Hardware, which is where everybody goes to get their garden supplies, and then it becomes residential, and then our property, and then residential as you go further west.
So it's nominally that we're not zoned residential, and I think you'll hear more regarding that.
So at this point, my client's relocating his business, and he needs to do something with the property.
As you'll see in here, there are many, many vacancies on the commercial corridor, which is Germantown Avenue.
And the demand for this location for retail is nonexistent.
Also, being embedded in what we think is the residential neighborhood, introducing a new use, whether it be a pharmacy or a realtor's office or a doctor's office, we believe will be entirely disruptive.
So we think that not only is there hardship with regard to the size, shape, and location of the property, but there's no adverse impact, and it's only beneficial use that we see.
So the plan calls for the demolition of an existing stone building, which has generated a lot of heat.
It's not on the historic register.
It's not protected.
We have a demo permit, but a lot of people have not been able to let go of that.
And I think that's why we see so much heat on the situation.
They are desperately unhappy about losing this stone building, not because of anything other than what has been described of its proletariat or humble look.
that most historic buildings are Washington's birthplace,
and they say we need to exalt the more,
the more uh we'll call it working class buildings of the time and there are many more of those and
we'll call it working-class buildings of the time.
hopefully those will be protected but this one isn't but that's a lot of the background what
do we want to do eight townhouses uh six in one structure and two in another the limited frontage
means that we're going to be perpendicular for the most part to highland avenue uh so all of
this is about eight townhouses, which will be nicely developed on a block, which on either side
has residential properties being occupied by residents. There was a hue and cry for a traffic
study, which we thought was ridiculous, but we did one anyway, and you'll see in the exhibit package
that we're going to greatly reduce the amount of traffic, which I think even I could have figured
that out with 20 vans and a business and surface parking lot, but it's in the package, but it shows
the degree of cooperation that we tried to exhibit as going through this process.
Now, what are some of the good things that you'll hear from Larry McHugh and the architect?
Well, we're putting in at our own expense enhanced stormwater because apparently there's no stormwater
system in the street for this area. So the street and water department want us to do it, not just
for our property, but for runoff in the area. We're going to have low density and less coverage
than we currently enjoy. Less impervious surface. We're going to have eight homes instead of
commercial buildings, which could be very disruptive with regard to the residential
area. We're also going to not compete with the vacant space on Germantown Avenue. It would be
ridiculous to put more commercial space in an area, quite frankly, that has an oversupply.
We are going to have less traffic than what the neighborhood has experienced.
I said that because Henry O'Reilly has been such a good neighbor, nobody wants to see him go.
Usually when we try to get a variance, it's to downgrade, to go from residential to commercial.
Here we're going from commercial, which is really a business office for a contractor, and people are holding on for their lives.
So I think he's been too good a neighbor, and maybe they don't realize that if there is going to be a commercial development,
It may not be somebody like Mr. O'Reilly.
We're also going to have Eyes on the Street, which the community thinks is very important.
And it's a transit-oriented zone.
And the train stations for both Chestnut Hill East and Chestnut Hill West are right nearby.
So we think that for all these reasons, the fact that eight beautiful townhouses will be there instead of some high-active business bodes well.
Now, we're going to point to the exhibits, which I won't go through, but we'll have some reference to them.
Exhibit nine contains the plans and the revisions.
I think we had 20 revisions as a result of the 20 community meetings.
I talked about the traffic study, which was conclusive as to what I thought was obvious, which is less traffic.
We have a letter of support from the Civic Association.
and you'll see in the package the gauntlet that we ran we went to the historic subcommittee we
went to the development review committee we went to the zoning and land use committee we went to
the streetscapes committee we did all these workshops on the committees and subcommittees
where the near neighbors many of whom are loudly protesting so they spent months going through the
process and when it didn't work out to their uh desire they say the process was uh unfair
you'll also see an exhibit in the package that goes through the dates of the public meetings
the first one starts october 20th and that's i think where we saw uh mr clinton first surface
then we had february 21st was public february 21st was also a streetscape public which was
not public i'm sorry march 21st was public uh 413 was public and then 422 when the actual vote by
the board came about the vote was like 14 to 3 and the process as you know is very elaborate in
chestnut hill because they suffer from an overabundance of land planners engineers architects
professors at Penn in urban design and they have worked us over to fare thee well and only at the
end when there was nothing more to give up do we have a group coming out of the woods and I think
that's what Steve was talking about in terms of the bona fides of this so-called splinter group
so with that I'm going to have Larry McEwen who has I guess not been sworn in be my first witness
and I'll be very brief with him. Okay, Mr. McEwen, please identify yourself,
first and last name, spell your name.
Mr. McEwen, if you're in the audience, please raise your virtual hand.
Mr. McEwen, if you're in the audience, please raise your virtual hand.
You've been allowed to speak, sir.
Thank you.
Larry McEwen, MC, capital E-W-E-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you.
Larry, you're under oath.
please state your profession and your address where you conduct your architectural business.
I'm an architect. I reside and work at 28 West Evergreen Avenue, Philadelphia, PA, 19118.
And how far is that from the site?
I can see the site from my office right now. It's the next block.
And I assume you're familiar with both the site and the area, having been there for a long period of time?
I've lived in Chestnut Hill for 31 years at this address.
I've served for 28 of those years on the Land Use Planning and Zoning Committee.
All right.
So you're familiar with all the issues in Chestnut Hill, as well as being an architect.
And your CV is also an exhibit in our package.
You're too humble for me to spend time going through all the wonderful experience and acknowledgments that you've received.
So without further ado, and Steve will guide the presentation, can you just identify the exhibits, which I guess are mostly in nine, which show the original plan, the context of the property, and then just very briefly go through the numerous revisions at the request of various community bodies.
And then the final revision that I believe happened prior to or at the same time that
the Community Association Board voted 14 to 3 in our favor.
Okay, Steve, if you would back up to the photograph, the street photograph of the site.
Further back.
It's a photograph of the building.
So this will be from Highland Avenue showing the sky building.
Number 20, slide 20.
There you go.
Okay, so this is a slide of the building as it's seen from West Highland Avenue.
To the left are two of the adjacent townhomes, and then there's the building with the fence
screening parking.
That's the scene of the building any time after 5 or any time on the weekend where there's
no there's no traffic there's no activity at the building it's basically a dead zone along west
highland avenue during the week that's 29 parking spaces uh employees cars and and trucks service
trucks going in and out all day at the site next slide
yeah these are some of the issues uh with respect to the site we are uh instructed by uh lni to use
ca1 for the dimensional standards uh of the site to govern our work we are asking for no
relief from any dimensional standard within the ca1 zoning district regulations
So, Larry, just because I forgot, you heard my testimony and you're familiar with the exhibits we submitted?
And do you adopt them as your own, as being true and correct?
Yes, I do.
Yes, I do.
The only thing we're here for is a use refusal because in a CA1 zoning district, there is no, or CMX1, there is no multifamily residential living allowed.
No residential, in fact.
No residential.
All right.
So I think we went through the community benefits, or at least I did.
So keep moving quickly and the board will ask.
Go to 23.
If you would go to 23.
Okay, so this is just basically a look at the site.
This was, we did take a look at using the building for commercial use.
This is the amount of parking we would need if we just had one of the two floors for commercial.
And we're pink.
and the building at the top, the top piece, the top rectangle is the existing building.
The rest of it would be new residential if we were able to develop the site.
Again, as Carl said, the need for commercial use, particularly on the side streets, is diminishing.
The bank across the street is closing its doors June 30.
There are numerous vacancies on the avenue.
our idea in general is to put more people closer to the avenue, more residents who can support
the business district and take advantage of the amenities Mr. Purimovera has already mentioned
concerning transportation as well as green space in Fairmount Park.
concerning transportation, as well as green space in Fairmount Park. So this was the first...
Larry, we're pink, right? Yes. All right. And what's the yellow?
The yellow is the amount of parking that would be required if we were a commercial entity
just on even on one of the two floors of the rectangle at the top of the screen,
which is the existing building. Right. Okay, thank you. Excuse me, is the parking of the cars we see
to the left of the pink are they are they part of the i'm sorry i'm sorry that's to interrupt it's
a public parking lot okay that answers you okay thank you and that's part of the issue with our
that's part of the that plays into our design scheme so i think we can move quickly through
these because we the next ones are if we were to park we don't have enough room to park uh
to allow commercial to come in 90 degree parking and go back out we don't have adequate width for
that. The next slide shows that if we use 60 degree angle parking, we would have to have all
those commercial parked cars come back through the residential part of the property that we
developed and then out through a 13 foot wide alley, which we don't, which are both are, which
are unacceptable conditions. Next. So we took a look at using the existing building. If we were