how far do you live from the site? I live on the 200 block of West Highland Avenue and walk daily
to town. So, you would not be an adjoining neighbor that would live next to a commercial
use on this site if one was to be developed is that relevant well i can ask the questions and
you can answer them that's what's relevant here you can just answer the question i think it's
obvious but yeah the way the parking wasn't going to be a problem there's a lot of obvious
i don't have any further questions thank you okay thank you all right mr clinton uh and everyone uh
Do you have anybody you need to have on today, Mr. Clinton?
Today, Mr. DiCicco, no.
Because I even sensed from Ms. Wright, and correct me if I'm wrong,
that there's still an opportunity, as we said at the outset of this meeting,
that we would do a resumption hearing,
which will give all the folks who are having interest in,
between the developer and the neighbors,
an opportunity to have further conversation.
So with that, if you rest, are you resting?
Well, if there's other people who want to talk,
they'll be able to talk at the resumption hearing, correct?
Yes, correct.
Because I think today, based on Ms. Wright's,
I'll call it the petition, whatever it is that she circulated,
the three areas were trash, height, number of homes,
and I'm sure there's some others,
but they seem to be the biggest issues confronting the community.
I think it was density and massing.
I call it number of units is density.
I yeah may have seen called I get that all right so uh Tanya we have a resumption date
uh yes chair we're going to do June 23rd at 2 p.m. okay thank you all uh MI 2021-000730
30 West Highland Avenue this hearing will be resumed on what was that again June
This hearing will be resumed on, what was that again, June?
Wednesday, June 23rd at 2 p.m.
So noted.
Thank you.
At which time, any feedback from the RCO and the District Counsel person's office?
Thank you.
Does the court reporter now need a break?
I know we're running late.
We still have five cases on the 2 o'clock list.
Mr. Chairman, may I have three minutes?
Tip five.
Thank you.
I believe 8 and 9 will be heard together MI 2020 excuse me MI 2021-000666 3951 Lancaster Avenue and MI 2021-000665 3935 Lancaster Avenue and I believe it's Mr. Mattione.
Okay, Mr. Chairman, Mr. Mattione has been promoted to panelist.
Mr. Mattione, please identify yourself, spell your name for the record, and I'll swear you in.
Good afternoon, Mr. Chairman. I'm Michael Mattione, that's M-A-T-T-I-O-N-I, Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A Northwest, Philadelphia, 19106.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Carol, you want to proceed?
Do you also agree to wave the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with the required documents, proof of ownership, tax compliance, refusal, or 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, it's everything.
You may proceed. Thank you.
Thank you.
Wrong exhibit. Okay.
And these two properties are similar.
There are some slight differences.
3935 is in the middle of the block.
3951 Lancaster Avenue is a corner property.
I wanted to look to 3935 first.
and this property has
two refusals it's because we would like to have 10 dwelling units where seven are permitted based
upon lot size and to have a building height of 43 feet where 38 feet is permitted we do have a
support letter from the rco we met with them a joint meeting for both properties on march 15th
there was nine people in attendance, eight people in support, one person in opposition.
I just want to explain, there is a statement in the letter that says,
with the proviso that the project retained ground floor as commercial space is set forth
in the zoning site plan. When you look to the zoning site plan,
we have a very large the lot is 90 feet deep the zoning code requires us to have 30 feet
of commercial space off of lancaster avenue we actually have 51 feet of commercial space
this is lancaster avenue out here this is our commercial space going back to here 51 feet
Behind that, we have a residential unit, an ADA-compliant residential unit in this property.
We meet the open area and rear yard requirements.
We're seeking the extra units because it's been discussed in several of the cases today.
Commercial corridors are struggling.
Lancaster Avenue is no different than Chestnut Hill, or I believe it was on Lehigh Avenue in North Philadelphia, also discussed today,
where on Lancaster Avenue, this part of Lancaster Avenue, there have been 30 businesses closed within the past year.
So we're seeking the variances to allow greater density, to allow greater customers.
And the height variance is because we want to have a tall 11-foot ceilings on the commercial space to make it a dynamic commercial space.
One of the requests from the RCO, and this is not a zoning issue per se, was that we show, and this is what our property is proposed to look like, this one here, is a dynamic commercial space, large windows, all glass.
that's an entrance for the residences. But on the commercial space, we made it clear
that we would have, this is 3935, clear glass all the way through, very tall ceilings, so
Clear glass all the way through, very tall ceilings, so it distinguishes it from other properties, because there's several on the block, like 39, 34, 36, 42, 39, 48, 39, 50, that have gone all residential.
and it distinguishes you.
The variances have been granted, or they've been longstanding residential uses that are on this block, so we want to try and keep the commercial corridor here.
There are other commercial properties surrounding us.
This is the site.
It's a vacant site right now.
And I want to show just some of the other.
We have a bike store next door.
And just some of the other businesses on the other side of us to the west,
bagel shop, bike store,
And then just to the little bit to the west of that is 3951, which is also a vacant parcel.
As you can see across the street, there are some vacancies, residential use, that's 3942.
And again, across the street, other fully residential buildings.
So, you know, we want to stem that tide, keep Lancaster Avenue commercial.
That's why we have the large commercial space with the large windows on this building.
What we do have, like I said, residential use, it's not a refusal because the residential
use is after 51 feet of commercial space.
And then we have residences.
We have on the second, on the first floor, we have a residence that's a one-story residence
to be ADA compliant at the rear behind the commercial space. There's going to be a ramp
or something to have access to it, but that's the unit. It's about 820 square feet, two bedrooms,
two baths, and for the second, third, and fourth floors, we'll have three units on each floor,
a two bedroom, two bath unit in the back, a one bedroom unit in the middle, and a two bedroom,
two bath unit in the front. These units help create the critical mass necessary for
Lancaster Avenue to continue to rebound and succeed. For 3951, again, similar, it's on the
corner of Lancaster Avenue and Haverford Avenue. I just want to raise the refusal here because it's
slightly different. Again, because we want to have seven units where five are permitted,
43 feet where 38 is permitted. But we have some ground floor commercial space on the
Haverford Avenue side of the property. I will go down to the site plan and explain it because of
the uniqueness of this property. Excuse me, this is Sharon, if I can interrupt for one minute.
We also have an email from Councilwoman Gauthier's office.
They, too, are asking for provisos requiring commercial space along Lancaster Avenue.
Not necessary for 3935, because that is not a refusal, but perhaps for 3951, since it will emphasize that Lancaster Avenue, that frontage is to be commercial.
I believe in the application you said non-residential rather than commercial.
So in that one, it might be useful to have that proviso.
Thank you.
We have no problem with that proviso.
This is Lancaster Avenue.
This is Haverford Avenue.
This is the commercial space.
It is all Lancaster Avenue and for about 40 feet of Haverford Avenue.
It's only the last 20 feet of Haverford Avenue that's residential.
There's a residential, bi-level residential unit there.
The rest of it is, and we have no problem with a proviso that says commercial space.
That's what we designed.
That's what the neighborhood approved on this case, which was held a half hour after the first case at the RCO.
It was a 14 in support and one in opposition vote.
Their letter is attached as well.
I just want to show, because I did ask us, and the renderings do show, again, an 11-foot floor-to-ceiling commercial space, all glass along Lancaster Avenue, all glass along Haverford Avenue, except for where the residential unit is in the back, which, again, is far off the corner.
Again, there's your Haverford Avenue frontage. It's all glass. It connects with Lancaster Avenue.
It's a really dynamic commercial space with the doors on the triangle. This is the residential
unit. The rest of Haverford Avenue, even though it may be zone CMX2, there are virtually no
Virtually no commercial use is back there, the commercial corridor, again, is on Lancaster Avenue.
commercial uses back there. The commercial corridor, again,
Again, I have similar photos showing a lot of the properties have been converted to all residential.
We don't want that.
We want to have the full commercial space here, and it's only in the back last about approximately 20 feet.
This is about 60 feet long.
So this corner is a dynamic commercial corridor corner where Haverford Avenue meets Lancaster Avenue.
And I think that that is acceptable.
The client, Mr. Eugene Nidovich, is on the line.
If he could be promoted so he can answer any questions there might be.
Good evening, sir.
Please identify yourself, spell your first and last name, and I'll swear you in.
Hello?
Hi. First and last name, please.
Eugene Nidovich.
It's E-U-G-E-N-E.
Last name, it's N as in Nancy, A-Y-D-O-V-I-C-H.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you. Mr. Marrione?
Thank you, Mr. Chairman.
And Eugene, did you hear my statements on both cases?
Yes, I did.
And are they true and correct?
They are.
And do you adopt them as your testimony?
I will.
I do. Do you have any issue with the having, as Mr. Oletta said, a proviso for 39-51 that it be
solely commercial use on the frontage on Lancaster Avenue in the area depicted in the zoning site
plan? Not at all. That was actually our entire plan from the beginning. Thank you. Thank you.
Okay, any questions from the board? No. Anyone else would like to testify in this case,
please raise your hand no further hands at this time mr chair thank you planning commission
good afternoon chair members of the board ian litwin planning commission staff the comprehensive
plan recommends no change to the existing cmx2 zoning at these locations the application is an
overuse not justified by hardship however the property could make use of the mixed income
housing bonus to allow an as of right increase in the number of units and height the planning
commission recommends a request of variance does not be granted uh thank you mi 2021-000666
3951 lancaster avenue my vote is yes with the proviso first floor frontage to be used for
commercial use only my vote is yes with proviso yes with proviso yes with proviso um excuse me
chair was that 39 51 that you just voted 39 51 okay so that has Haverford avenue frontage too
so if you could say specifically that um commercial use along Lancaster avenue frontage
okay so the proviso will be first floor frontage along Haverford Avenue for commercial use
that's the proviso thank you thank you I thought no I thought it was
for the last 20 feet of Haverford Avenue commercial commercial frontage on Lancaster
Avenue that's what I had I figured commercial should be on Haverford uh when Lancaster
right yes just want to make sure i heard it correctly that's all yeah i know i know where
this is okay mi 2021 that's 000665 3935 lancaster avenue my vote is yes my vote is yes
my vote is yes
my vote is yes my vote is yes carol number 10 number 10 mr sherman has already been sworn in
thank you yes i remember that calendar number two five six eight four six one zero north broad
Street. Sherman Toppin?
So, Toppin, if you're still in the virtual audience, please raise your hand, sir.
Hey, Mr. Toppin, can you put your name and address on the record, please,
and spell your last name?
Then to add Leonard and then any other...
Okay, there we are.
Yes, name and address and spell your last name, please.
Yes, my name is Sherman Toppin, S-H-E-R-M-A-N, Toppin.
Excuse me, Mr. Toppin, there's some background noise, someone.
Let me see if I can make sure that there's no sound.
Let me, let me, let me, if that's you or.
Let me see if I can make.
Please proceed.