ZBA Hearing - August 31, 2022

sections of a soil management plan that recognize that lead is present in site soils, that the

property is capped currently with two feet of clean fill, but there's nothing on top, which

creates a risk of winds carrying contamination to other areas. Actually putting a development

on this site will lead to a much safer situation for all parties. You'll see here soil management

protocols include the implementation of erosion and sedimentation control, often called ENS,

to prevent impacted soil from leaving the site. All construction equipment used on the site will

be decontaminated of impacted soil prior to being moved. Windscreening materials will be used at the

perimeter of the site. Routine inspections will be conducted. Going above and beyond standard

say minimum practices, air monitoring at the perimeter of the site will be implemented during

construction activities. And RT Environmental Services will be overseeing all of this. The

Riverwards group has committed to participating in a joint environmental working group with ORCA

and will meet or exceed Pennsylvania Department of Environmental Protection requirements.

Walter Hungarter, professional engineer and vice president of RT Environmental Services,

is available to testify to the proposed plan to positively address environmental issues at the site for the good of the entire country.

to positively address environmental issues at the site for the good of the entire community

if desired by the board. I've tried to address in this presentation the issues that have come up

over the course of several months with those who are impacted. We have Rustin Oller again from

Harmon Deutsch, all our architects. We have our environmental consultant available. We have the

developer available. In addition, Mr. Chairman and members of the board, I understand at least

at two o'clock, which I suppose was three hours ago, Samuel DeGeorge, Michael Marone, Naomi Crespo,

Rebecca White, and Mina Carroll, nearby neighbors, were tuning in to testify should the board wish

in support of the proposed development.

With that, I'll pause for a moment

and take direction from you, Mr. Chairman.

Well, first, why don't you have your testimony adopted?

Okay.

Mr. Lawrence McKnight,

would you kindly raise your virtual hand?

Mr. McKnight, please unmute yourself

and wait for the chair.

Hello.

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

Sure. Lawrence McKnight, L-A-W-R-E-N-C-E-M-C-K-N-I-G-H-T.

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

I do.

Proceed, counsel.

Thank you. Good afternoon, Mr. McKnight.

Have you been present for the entirety of this presentation before the Zoning Board of Adjustment today?

I have.

And would you adopt and affirm the testimony that I have offered as your own?

I do.

Thank you, sir.

Questions from the board?

No, Mr. Chairman.

No, Mr. Chairman.

Is your own?

i guess he was on yes i guess my my question would be it is not the amount of units

how did you get to the point of going up six floors sure i mean is that is that economics

to make it work we have a contaminated site uh mr chairman and uh addressing that contamination

in an appropriate, responsible way does, we can't go down.

It does require going up.

You have uses that many residential users might not actually love being next to,

such as the auto zone and some of the takeout operations along Aramingo Avenue.

So this project requires a different level of building and sound attenuation, which will make it more enjoyable for those on the site and fills that transitional area.

So that really is what takes us up. And the last thing that I would say not to belabor the answer is if the zoning was properly where it should be, we would not have this issue. If it was ICMX 60 and we're at 72. If it was CMX 3, then it could be designed in such a way that we wouldn't even be discussing this piece.

Right, right. Okay. I know you had, you named the people that would have called in if you

asked them to, right? Yes, sir.

Oh, so I'm wondering now, questions or statements from the virtual audience?

Do we see any hands?

yes chair we have a miss hand miss hand you can unmute yourself hi could you state your name and

spell for the court reporter please joanne hand h-a-n-d do you swear or affirm to tell the truth

the whole truth and nothing but the truth yes sir i do proceed yes i'm a resident on the 2600 block

of East Cumberland Street, and I'm just very against this building. One, that it's being a

sixth story. I, when they had the meeting for the variants, I questioned that, and also the board

questioned the lawyer and asked if he, why he couldn't go back to the development committee

and asked them if they can go lower. And when I asked this in the zoning,

and asked them if they can go lower and when I asked this in the zoning meetings I asked if they

ever went back to the developers to ask if it can be lower because it does take up the sunlight as

you can see with the building it is doing an overcast of shadows. This is an extremely high

six-story building. The developer just built another six-story building around the corner

with 46 units in it. We have 500 homes that are being built three blocks from us, and then another

six-story, 170 apartment units that are being built 200 feet from this area. I understand that

it's contaminated, and when we were asked about why he couldn't do row homes, and more or less,

it was costing them more than $2 million to remove the contaminated soil, and it would not benefit

the developer with making three-story normal residential homes around here. Also, the three

letters that he supplied from Storm the Heavens, one from Mia Carroll. She is not from this area.

She is from Port Richmond. She does not live down here. Second, the Samuel Strikers. Also,

they're from further up Port Richmond. They are not from this area. Pink Elephant is, I would say,

maybe six blocks from here. They do not do anything in this area. They do a walk, but they

do not and have really no opinion on what goes on in this neighborhood right here. Also, this is a

high level flood zone. I lived here my whole life and I still live here. And I do get water

periodically from the floods, from high tides. It just comes through my ground. I have a pump set

in here since we've moved into this house. Also, there'd be a hardship with the community.

It's a congested area already with traffic. The building is hype. Like I said, no sunlight.

It's a toxic site. Yes, I understand that. And the public transportation would only,

because they're planning on going down on Aramingo with their dump trucks. So that's

going to hold up traffic there and with the public transportation. And also, regarding

the community benefits agreement nobody in this area like in the 100 feet 200 feet of this area

were involved on that community uh benefits agreement so so first of all we we don't

let's stay to the project we don't need to hear anything about it okay okay okay but like this is

like i said this is a residential area i and you know we don't have anything over three stories

Putting this six-story obnoxious building here with only 64 parking spots with 155 units.

We have a problem now with our parking.

We don't, I mean, and I can't say that maybe 70 of the people in there own a vehicle.

If it's a two-bedroom, there's two people that could own a vehicle.

I just think it's too big for this area to be put in a six-story, 155-unit apartment building.

Thank you. Thank you for calling in. We appreciate your comments.

Is there anyone else? And Mr. Labor, I'll get back to you when we're done.

Is there anyone else in the virtual audience?

I see no hands at this time, Chair.

Mr. Labor?

Thank you. I just would like to state that the proposal would be IRMX and CMX 3 compliant, that the proposed parking exceeds the 3 to 10 parking that you see in many other multifamily districts in the city,

and that the commercial auto-oriented uses

actually are intended to promote significant traffic

coming in and out of them.

With that, I respect the differing viewpoints

and I don't want to take up more.

All right, thank you.

Planning Commission.

Good afternoon, Chair.

Peter Bernard, Planning Commission.

go ahead peter the comprehensive plan recommends no change to the ca2 commercial auto zoning at

this location the zoning was updated to ca2 in 2017. this proposal has been presented to the

civic design review committee where it received mostly positive feedback however as the committee

members noted the proposal is more than twice the allowed height given the environmental

contamination the property is more appropriate for ca2 use than that would cap seal and limit

contact with contaminated soils than for residential or commercial mixed-use uses

we feel the applicant has failed to demonstrate a hardship that would prevent them from developing

the property in alignment with the zoning code accordingly the planning commission recommends

accordingly the planning commission recommends the board tonight thank you

since the board denied the marriages.

Thank you.

mr laver you want to respond on on the on the topic of environmental concerns we've submitted

on the record uh rt's uh report uh which goes well above and beyond pennsylvania department

of environmental protection requirements there's a reason that padep is in existence to make sure

that the citizens of the Commonwealth of Pennsylvania are protected when it comes to

environmental issues. We have already had PADEP review of this property, and we are prepared and

have committed to going through additional PADEP review process and going above and beyond that

with the community benefits agreement as well.

The Scott case states that environmental remediation

is relevant to a determination of hardship.

Buried asbestos, for example, qualifies as hardship.

We have a former lead facility here,

and this property will be in a better state

once this is properly removed.

If the board would like to hear

from our environmental expert,

we would be happy to put him on but we do believe that the documentation that we've submitted

is is sufficient but we we've we've had him available to the board would like okay um

i don't think we need that what i'm going to do is i'm going to take this to the to the board

in the executive session and on the 14th we will get together and then we will vote in public

at 2 p.m. on the 14th, okay?

I would respectfully request that the record

be completely closed at this time.

It's absolutely closed, sir.

Thank you, Chairman and members.

Thank you.

Here we go.

All right, so we go back to, all right.

So Chair, this is Tanya.

Yep.

In light of the late hour,

May I request that we do continuances and withdrawals for the 330 list?

We most certainly can.

Thank you, Chair.

And I'll do that before I do Millman Street, okay?

Yes, sounds great.

Okay.

So the list for the 330,

we have

the continuance is number

three

MI 2022

002 567

1412 South 52nd

Street

that case

is continued

is there

anyone

in the audience has a comments

relative to that

chair i see someone okay the name was there but it keeps disappearing and as of this time

chair we have no hands okay thank you um three and i have number one case mi2022002679

515 to 17 West Erie no exhibits first listing AC and property management is the listed owner are

they here that case is continued must must be tried one one moment Mr. Chair this is Hillary

I think there's a delay in the Zoom.

We do have a couple people who are trying to speak.

Chair, we have someone by the name of Sharon Blaylor with her hand up.

Yeah.

Ms. Blaylor, please unmute yourself and wait for the chair.

Hi, Sharon Blaylor.

I'm sorry, what did you say?

State your name and spell it, please.

Oh, sure.

Sharon Blaylor, B-L-E-I-L-E-R.

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

Yes.

Is that your case 515-17 in West Erie?

No, no.

I'm sorry.

We're 10 Calo Hill.

I thought she, when she said my name, I thought you were moving on.

No, not yet.

I'm still waiting for the number one case.

Okay.

Please only raise your hand for the case called.

Thank you kindly.

So case one, 515-17 West Erie.

Is there anyone with their hand up for that?