civus
Hearing video

ZBA Hearing - April 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 28, 20217h 7m

I'm Corporate Counsel and Director of Planning for Newt Cortland, which is the property owner.

Similar wording

Thank you.

Similar wording

Do you swear for him to tell the truth, the whole truth, for nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Thank you.

Similar wording

Thanks for proceeding.

Similar wording

John, did you have a chance to listen to my presentation this morning?

Similar wording

Yes, I have.

Similar wording

And although it was a very high-level, 30,000-foot view summary, do you adopt it as true correct

Similar wording

on your own?

Similar wording

Yes, I do.

Similar wording

Thank you.

Similar wording

uh mr chair we can certainly answer more detailed questions if the board would like but i think

Similar wording

given this support i will rest my presentation now thank you does the board have any questions

Similar wording

no thank you yes this is tanya if i could just request that mr unger spell his name on the

Similar wording

record please yes please mr unger please uh spell your first and last name for the record

Similar wording

sure my first name is john j-o-h-n my last name is ungar u-n-g-a-r thank you thank you chair

Similar wording

you're welcome uh is there anyone else here in this matter that would like to speak

Similar wording

no further hands at this time mr plaza thank you planning commission

Similar wording

thank you mr chair ian hegarty for the philadelphia city planning commission

Similar wording

comprehensive plan recommends no change to the existing zoning districts on the site

Similar wording

our recent subdivision as noted by council is creating some non-conformities which this

Similar wording

application seeks to legalize and clean up and so the city planning commission therefore

Similar wording

recommends that the board grant the variance thank you count the number mi 2020-003

Similar wording

411

Similar wording

8401 East

Similar wording

Roosevelt Boulevard. My vote is

Similar wording

yes. My vote is

Similar wording

yes. My vote is yes.

Similar wording

Thank you very much.

Similar wording

Take care.

Similar wording

Believe that concludes.

Similar wording

Is that correct?

Similar wording

Shania and Sharon?

Similar wording

Yes, that's it. That's everything.

Similar wording

That's great. Now that we have time,

Similar wording

we can start at 2 o'clock right now.

Similar wording

All right.

Similar wording

Mr. John Kelly, court reporter

Similar wording

how did it go for you? Thank you very much. Good afternoon, everyone. My name is Frank DiCicco.

Similar wording

I'm the chair of the Zoning Board of Adjustment. I'll be participating in today's hearing along

Similar wording

with our vice chair, Ms. Carol Tenere, board secretary, confessor plaza and board members,

Similar wording

Mr. Thomas Holloman and Mr. James Snell. Board administrator, Mr. Jason Hand and board attorney,

Similar wording

Ms. Saren Saleta are also in attendance. For those of you who haven't yet participated in one of our

Similar wording

virtual hearings, I'll go through some of the basics of what you can expect. First, we will be

Similar wording

administering oaths to individual participants prior to their testimony. Second, we'd like to

Similar wording

advise everyone that this proceeding is being recorded and that by participating you acknowledge

Similar wording

your agreement to be recorded and that the recording will be made available to the public

Similar wording

and that the recording will be made available to the public on the web or otherwise.

Similar wording

on the web or otherwise.

Similar wording

Third, for anyone participating by phone, if you wish to testify,

Similar wording

you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

Similar wording

I'll repeat.

Similar wording

For anyone participating by phone, if you wish to testify,

Similar wording

you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

Similar wording

finally to enter an appearance statement call google 267-270-5548 and leave your email address

Similar wording

and the address of the property at issue i'll repeat that as well to enter an appearance

Similar wording

statement call google 267-270-5548 and leave your email address and the address of the property at

Similar wording

issue. I would also like to remind everyone, please do not attempt to testify in the chat.

Similar wording

Any comments should be directed to our Board Administrator, Mr. Jason Hand.

Similar wording

With that, I will read off a list of cases that have been requested to be continued. Number one

Similar wording

on our two o'clock list is MI 2020-001-309-109 Pleasant Street. The request for continuance

Similar wording

was by the attorney for the applicant. Number five on our list, MI 2020-003-159-2535

Similar wording

west lehigh avenue number six on our list mi 2021-000637-2626 west lehigh avenue is requested

Similar wording

to be continued councilwoman cindy bass his office is requesting a continuance for number seven on

Similar wording

our list, 2021-000730, 30 West Highland Avenue. Number 11 on our list, MI-2021-001329, 503-05

Similar wording

south 6th street and number 12 on our list mi 2020 that's 002036 539 north 22nd street

Similar wording

continuance was requested by the attorney if anyone disagrees with any of the cases that i've

Similar wording

just that i've just read off to be continued please raise your hand at this time excuse me

Similar wording

Chair, if we could call for the 30 West Highland case, I advise the parties that you would call up the attorneys and the representative of Councilwoman Bess.

Similar wording

Okay.

Similar wording

Just to be sure that, thank you.

Similar wording

Yeah, I remember you talking, I just thought I was going to call them.

Similar wording

Okay, so would the attorneys for 30 West Highland Avenue, please raise your hand so you can be recognized.

Similar wording

they're being made panelists correct yes okay i understand uh no just allow them to speak

Similar wording

please yes okay i just need to speak mr burtel yeah okay mr burtel has been allowed to speak

Similar wording

there's also mr clinton and charles richardson

Similar wording

good afternoon um it should also be uh carl from there he's represented in this case

Similar wording

i just raised my hand just in case um you guys didn't see him yet

Similar wording

mr madera if you're out there please raise your hand he is out there i don't believe he had his

Similar wording

hand raised he has his hand right now is he being allowed to speak now yeah let's get let's give

Similar wording

to identify himself and then we'll go to Mr. Clinton and Mr. Richards. Yes, Carl Primavera,

Similar wording

attorney with Steven Bertel for the applicant. Carl, would you please spell your last name?

Similar wording

P-R-I-M-A-V-E-R-A. So I'll swear you in now. Do you swear or affirm to tell the truth,

Similar wording

the whole truth, nothing about the truth? I do. Mr. Bertel, are you also testifying?

Similar wording

uh no it'll be uh just carl for the okay okay let's get to mr clinton and mr richardson

Similar wording

good afternoon mr chairman henry clinton here henry please spell your full name for the uh

Similar wording

last name for the stenographer sure clinton c-l-i-n-t-o-n 1313 south 33

Similar wording

Sure, Clinton, C-L-I-N-T-O-N, 1313 South 33rd Street, Queen Memorial Building, 19146.

Similar wording

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

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Mr. Richardson?

Similar wording

Good afternoon, Mr. Chair.

Similar wording

Charles Richardson from the Office of Councilwoman Cindy Bass, room 312, City Hall.

Similar wording

I don't know if you were on this morning, so would you mind, do you swear or affirm

Similar wording

to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Okay, thank you.

Similar wording

Mr. Primavera?

Similar wording

Yes.

Similar wording

So, Mr. Chairman, members of the board,

Similar wording

this is a matter that's been through the Chestnut Hill Community Association.

Similar wording

I believe it's 20 meetings of the subcommittees and sub-subcommittees

Similar wording

and near-neighbor workshops.

Similar wording

I've been talking to the councilwoman.

Similar wording

She may have misunderstood what I said.

Similar wording

I said we would be prepared to go forward today,

Similar wording

and we desire to go forward,

Similar wording

but we don't have a problem if the board wants to hold the record.

Similar wording

But we certainly never agreed to a continuance.

Similar wording

And I think Stephen from my office and Charles have had that conversation.

Similar wording

I've been in direct conversations with Mr. Clinton to make sure he was understanding of our position.

Similar wording

So we're ready to go forward today.

Similar wording

Okay.

Similar wording

So, Mr. Clinton, do you have anything to add to that?

Similar wording

Yes, Mr. Chairman.

Similar wording

I represent 220 residents of Chestnut Hill, at least 63 of whom are on the call today, and that number continues to rise.

Similar wording

There's 24 residences within 250 feet of this property.

Similar wording

I represent 20 of those individuals.

Similar wording

So we're requesting a continuance to join in with Councilwoman Bass for a number of reasons.

Similar wording

One, this is the first time that a continuance has been requested that I'm aware of.

Similar wording

and out of typical courtesy, that usually is intended to have a continuance.

Similar wording

Also, this building is involved as a significant contributing building

Similar wording

to the Chestnut Hill National Registry District.

Similar wording

It has a longstanding history in the neighborhood.

Similar wording

And it's an unusual situation.

Similar wording

As Mr. Premier Barrett said, there were 20 meetings,

Similar wording

but the individuals who have participated in those meetings

Similar wording

and voted on the proposition for the project

Similar wording

are members of the association, Chesson Hill,

Similar wording

who don't even live within the 250 feet of the property.

Similar wording

And that's why it's concerning that the people who are most impacted,

Similar wording

and this is something the board always looks at,

Similar wording

what do the near neighbors have to say?

Similar wording

They really have been heard, but have been shut out of the vote process.

Similar wording

Okay, let's hear from Mr. Richardson,

Similar wording

and then we're going to be number seven on our list

Similar wording

and we'll discuss this further at that time.

Similar wording

Mr. Richardson?

Similar wording

Yes, Mr. Chair.

Similar wording

Councilwoman feels like further conversation

Similar wording

between both parties would be beneficial.

Similar wording

The sheer number of people that are against this project,

Similar wording

in fact, all of the near neighbors are against the project,

Similar wording

but unfortunately, the way that the Chestnut Hill

Similar wording

community association's RCO process works is that they elect folks that will vote on these projects

Similar wording

and they will not be the ones that actually live near the project. So she feels like if the folks

Similar wording

are not allowed to be represented today, then she will vote to oppose this project and outright.

Similar wording

right but she would like to have a continuance to allow them to at least have some more conversation

Similar wording

more dialogue in order to make this uh make this a more smoother process all right we'll wait till

Similar wording

we get to it but this might be an opportunity for us to have the hearing and then have a resumption

Similar wording

hearing we'll wait till we get to that we have a few other cases ahead of you thank you thank you

Similar wording

Thank you. Also, is there anyone here for 2167 East Cumberland Street?

Similar wording

2167 East Cumberland. Anyone representing that case?

Similar wording

I got a number of hands going up right now. I only want the person who would be

Similar wording

uh the applicant or representing the applicant because we've not received any exhibits

Similar wording

christopher pepper i believe

Similar wording

i would ask that all put their hands down unless you're here for this particular case thank you

Similar wording

okay i got mr albert jeng with or mr uh michael mallory with his hand up i will allow him to speak

Similar wording

Now, sir.

Similar wording

Okay. Good afternoon, Mr. Mallory. Please identify yourself at the records by your first and last name.

Similar wording

Good afternoon, Mr. Mallory.

Similar wording

Please identify yourself with records by your first and last name.

Similar wording

Good afternoon, Mr. Chairman, members of the board. It's Michael Malloy, M-A-L-L-O-Y, for Mr. Zhang, 2167 East Cumberland Street.

Similar wording

Our exhibit packet should have gone over twice, actually, because we sent the RCO letter of support.

Similar wording

I'm sorry.

Similar wording

We can't wait for that.

Similar wording

Hold on, please.

Similar wording

I'm sorry, could we swear him in first?

Similar wording

I'm going to swear you in, sir. Please, you swear for him to tell the truth, the whole truth,

Similar wording

nothing but the truth? I do. I do. Sorry about that. Please proceed.

Similar wording

My apologies. So I can have the exhibit sent over now. My understanding was they came in

Similar wording

last week and that we supplemented with the RCO letter, which just came in a couple days ago,

Similar wording

of support. My understanding is they didn't get in last week, but Ms. Saleta?

Similar wording

If they're in, I will look for them. I didn't find them the first time, but

Similar wording

there may have been some technical problem. I am emailing Ms. Mariano from my office who

Similar wording

sends them in. So I will do that right away and I will get them to you again if possible.

Similar wording

I think I may know what the problem is. Ms. Mariano sent you an exhibit for another case. Also, it went to the wrong email address. It didn't go to the one on the instructions, Saletta CPA. If it is in my other email box, I will find it.

Similar wording

That could be it. I apologize. Thank you.

Similar wording

Sharon, we're okay to go?

Similar wording

Yes.

Similar wording

Okay. All right, sir. Just hang in there. We'll get to your case.

Similar wording

Thank you.

Similar wording

At this time I will ask if there's anyone who is requesting a continuance or withdrawal

Similar wording

that is not yet been put in the record. Anyone else can ask requesting a continuance or withdrawal

Similar wording

please raise your hand. Mr. Alan Ockamson has his hand raised I will love to speak now sir.

Similar wording

Thank you Mr. Ockamson I'm not sure if you were on this morning so please identify yourself and

Similar wording

I'll swear you in. Yes good afternoon Mr. Chair Alan Ockamson A-L-A-N last name

Similar wording

Jim Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia PA, 19109.

Similar wording

Were you sworn in this morning?

Similar wording

I was not.

Similar wording

Okay.

Similar wording

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

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording

Yes, this is regarding 2535 West Lehigh Avenue.

Similar wording

Our understanding is that there has been a request for a continuance by the coordinating RCO.

Similar wording

Through no fault of their own, they have been unable to meet with us. I know their calendar is pretty strong and expansive, but this would be the second continuance, and the first continuance we readily agreed to.

Similar wording