civus
Hearing audio

ZBA Hearing - March 4, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 4, 20268h 6m

That's another look at the big parking lot across the street.

Similar wording

towards the barns diagonally across the street that's a look at 20th Street the

Similar wording

intersection and that's a look going down 20th Street you can see it is a

Similar wording

commercial area there are commercial businesses all around their commercial

Similar wording

businesses on the spot we were given a referral I did send a letter out to the

Similar wording

the community on October 7, 2025.

Similar wording

We did have a meeting on October 14th of 2025.

Similar wording

I did circulate 128 letters to the community.

Similar wording

We did obtain a letter of support.

Similar wording

Frankly, I was surprised by.

Similar wording

I don't know if Mr. Boylan is on the line today,

Similar wording

but I was shocked when I got this letter and I saw the vote.

Similar wording

I thought our project was very well accepted at the community meeting. Frankly, I didn't hear any

Similar wording

opposition. And then I got a letter of 10-9. I did reach out to Mr. Limbaugh after I got this letter

Similar wording

because I was frankly shocked by it and asked him what did I miss and how did I not read the room.

Similar wording

And he said to me, and I don't know again if Mr. Boylan is going to be on the line, but he indicated

Similar wording

to me that the form of the vote was incorrect it should have been a vote of non-opposition

Similar wording

and the whole vote would have been different instead of a vote for support so it's my

Similar wording

understanding that the community really supported this application and that's really all i have

Similar wording

today i'm sorry i didn't tell you that we would like to operate uh seven days a week from 12 to

Similar wording

mine, that we would have four employees, that we would have pickup of the materials, the needles,

Similar wording

as needed. We have lighting in the front, motion lighting. There's lighting in the back,

Similar wording

and the trash can be stored in the back until pickup day. I do have my client, Michael Munter,

Similar wording

on the line today and he and or i would be happy to answer any questions that anyone may have

Similar wording

okay could you could you just the the basement space there's work area there too

Similar wording

in the basement yeah uh working now right so

Similar wording

this is the basement yes we do we have so so but so you got four employees but you you got several

Similar wording

work areas on the first floor and then the basement too yes we do okay but you're only

Similar wording

going to have four employees currently yes we're only slated four employees i'm sure if the need

Similar wording

arises that people have to hire all right michael are you there not on michael you're michael

Similar wording

mr montar are you on the line

Similar wording

yes your client was promoted to panelists let me see if they came in

Similar wording

michael

Similar wording

i do not see him on the panelist side okay um um counsel i i think you've done a

Similar wording

good job of explaining it i mean um you're an officer of the court well questions or comments

Similar wording

from the board

Similar wording

wait a minute why are you smiling question or comments from our attorney

Similar wording

wait till our attorney gets done you know you didn't don't smile yet

Similar wording

not at this time mr she took comments from the virtual audience

Similar wording

see what's that i see no hands at this time okay now we're going to go back to planning

Similar wording

let's see how we do with that all right from the planning commission the comprehensive plan

Similar wording

recommends no change to the cmx2 commercial mixed use zoning at this location there are numerous

Similar wording

adjacent small businesses on this block and on the neighboring streets the appellant has shown

Similar wording

that the proposed body art services will have no detrimental impact beyond what might be expected

Similar wording

the city planning commission recommends that the board grant the proposed special exception

Similar wording

thank you mi 2025-005-362 1941 cali hill street i vote yes with proviso limiting use for first

Similar wording

floor and basement michael johns my vote is yes with proviso cheryl gaston my vote is yes with

Similar wording

proviso tenetta graham my vote is yes with proviso ryan mcadams my vote is yes with proviso

Similar wording

ryan mcadams my vote is yes with proviso i win my vote is yes with proviso thank you very much

Similar wording

thank you thank you and thanks for waiting so long for us is there anyone in the audience who's uh

Similar wording

whose um case has not been called from the 9 30 list i see no he's at this time okay see everybody

Similar wording

Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this meeting

Similar wording

of the Philadelphia Zoning Board of Adjustment. With me is our Board Vice Chair, Tanetta Grant.

Similar wording

Present, Mr. Chairman. Board Secretary, Cheryl L. Gaston. Present, Mr. Chairman. Board Member,

Similar wording

Michael Johns. Present, Mr. Chairman. Board Member, Taya Nguyen. Present, Mr. Chairman.

Similar wording

We hear you, Michael. And our Board Member, Ryan McAdams. Present, Mr. Chairman. Also present

Similar wording

is our board attorney hillary emerson our zoning board director anne hagerty and our board

Similar wording

administrator lakeisha dandy recording of this hearing will be posted on the zba website

Similar wording

by participating you consent to be recorded this is an in-person meeting with remote capabilities

Similar wording

whether remote or in person if you're sworn in called to speak you must state and spell your

Similar wording

name and then wait to be sworn in once you've been sworn in please state your name each time

Similar wording

before beginning your testimony any person may enter their appearance to become an interested

Similar wording

party you can identify the case property address in your zoom webinar you can see a staff member

Similar wording

or you can call this eba appearance line by the close of business tomorrow call 267-270-5548

Similar wording

leave a message that includes your email address and the address of the property of the appeal case

Similar wording

the following guidance is for our remote attendees when directed you must raise your

Similar wording

virtual hand in order to be recognized to speak if you're called to testify you'll be prompted

Similar wording

to join as a panelist please accept the request and turn on your camera third the webinar q a is

Similar wording

for questions about the hearing do not comment on cases in the q a and fourth if you're participating

Similar wording

by phone press star 90 raise your hand and star 6 to unmute for in-person attendees please refrain

Similar wording

from talking eating or drinking during the hearings verbal and physical aggression will

Similar wording

not be tolerated restrooms are across from the elevator a water fountain is just outside the

Similar wording

room to the right when speaking on the record you must speak directly into the microphone

Similar wording

in order to be heard by all attendees and the court reporter in the event of emergency please

Similar wording

follow the directions given over the public address system or by the staff the main exit

Similar wording

is through the double doors at the rear of the room the nearest stairwell is to the left outside

Similar wording

the doors in case of an evacuation the rally point is love park directly across our street

Similar wording

please remain there so we can account for you so let's look at our schedule for this afternoon

Similar wording

Number eight, MI 2025-006-651, 4416 Locust Street.

Similar wording

Alan Nockmson is the attorney, and also there's a request for a continuance from Councilmember Gauthier's office.

Similar wording

If anyone's from the audience is here, please come on.

Similar wording

Good afternoon, Chair. This is Doreen, and I will be co-hosting this afternoon.

Similar wording

And I have a Craig Santoro.

Similar wording

We'll be allowed to speak.

Similar wording

Okay.

Similar wording

Hi, I'm Craig Santoro. I'm with the Spruce Hill Community Association.

Similar wording

i'm the co-zoning chair okay hold on hold on could you please state your name and spell for

Similar wording

the stenographer i'm sorry craig santoro c-r-a-i-g-s-a-n-t-o-r-o all right you swear or affirm

Similar wording

to tell the truth the whole truth nothing but the truth i do all right so we have a a note

Similar wording

from council member got the a about um a continuance um mr knockamson do you want to

Similar wording

respond first did i swear you in that all right could you please state your name and spell for

Similar wording

this not alan knockamson a-l-a-n the last name knockamson n-o-c-h-u-m-s-o-n do you swear affirm

Similar wording

to tell the truth the whole truth nothing but the truth i do thank you mr knockamson do you want to

Similar wording

respond to this request for continuing uh yes we wish to present today for the board to hold it

Similar wording

for the board to hold it uh for us to be allowed to do certain non-zoning related matters with

Similar wording

uh for us to be allowed to do certain non-zoning

Similar wording

with regards to repairs to the property all right all right right i'm sorry

Similar wording

craig uh yeah we would we would agree to that okay good all right you all right thank you

Similar wording

thank you both very much you'll call you and you'll be up here okay um let's see here number 11

Similar wording

number 11 mi 2025 006 850 10 16 to 18 ray street that case has been kinged until 2 p.m on 5 13 26.

Similar wording

Number 12, MI 2025-006-851, 5375 Umbria Street.

Similar wording

That case is a continuance, attorney moving party.

Similar wording

the number

Similar wording

number one um mi 2025 003 392 2231 fernon street um this is the second listing no exhibits

Similar wording

gsd3 llc is the listed owner

Similar wording

you're not on that right you want to come up or

Similar wording

we had your name that's why i you know so mr chair the uh applicants approached us about

Similar wording

potentially representing them they have not completed the engage our engagement uh so i

Similar wording

would just ask if the board i i don't know if we are going to be engaged but i would just ask the

Similar wording

board to you know have one more hearing okay thank you all right that that case will be continued to

Similar wording

5 13 26 at 2 pm all right let's go to our add-on list number one mi 20 25 006 277 907 north 43rd

Similar wording

street uh i vote yes uh with proviso revised plans one page stamp by cba march 4th 2026.

Similar wording

michael johns my vote is yes with proviso

Similar wording

cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso ryan mcadams my

Similar wording

vote is yes with proviso i am when my vote is yes with proviso and number two mi 2025 005 234

Similar wording

6740 germantown avenue

Similar wording

i vote yes with proviso per amended refusal dated 1-6-26

Similar wording

michael johns my vote is yes with proviso

Similar wording

cheryl gaster my vote is yes with proviso i'm going to go to our regular case

Similar wording

our regular cases we all got a vote oh i'm sorry go ahead i thought you were done

Similar wording

to letter Graham my vote is yes with proviso Ryan McAdams my vote is yes with proviso

Similar wording

all right so we got our regular case we're going to start with number three

Similar wording

MI 2025 003 858 510 to 28 South A Street attorney attorneys are seven Stephanie

Similar wording

boggs magna and call primivero and also um paul bonnie and leonard

Similar wording

leonard reider is here too no yeah i i don't think he he he needs to appear there's been

Similar wording

discussions with the parties thank you all right sure come on uh may please the board

Similar wording

Carl Primavera. I'll present sitting down. Sure. So I won't block anybody's view. Okay.

Similar wording

Just for the record, state your name and spell for this. Carl Primavera. Yep. P-R-I-M-A-V-E-R-A.

Similar wording

Right. Attorney for the applicants. Do you swear or affirm to tell the truth, the whole truth,

Similar wording

nothing but the truth? I do. Could you identify the applicant to please your client? Yes. So we

Similar wording

actually have joint clients the uh owner of the property and we have both isaac and naomi ohayan

Similar wording

and i'll spell that uh o-h-a-y-o-n they're the owners of the property and we also have

Similar wording

uh the rabbi uh goldman who is the one who intends to operate the jewish day school which

Similar wording

is being proposed he's here as well okay mr bonnie could you just please state your name

Similar wording

is spelled for the stenographer and identify your client yeah yes mr chair my name is paul bonnie

Similar wording

b-o-n-i uh and my client is lombard news owners association right do you swear or affirm to tell

Similar wording

the truth the whole truth and nothing but the truth yes um uh mr permavera our vice chair

Similar wording

Yes. Mr. Primavera, our vice chair has just a few questions for you. Sure. Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing? Yes, we have. Okay. And do you waive the reading of the refusals and stipulate to their accuracy?

Similar wording

We do. And I'm going to address that each and every refusal because there was an original application, then a revised, and now there's a settlement agreement. So we'll go through that.

Similar wording

Okay. Thank you. Paul, did you start to say something then? Okay. So everybody knows we're going to be going for 45 minutes. I think we explained it. And then we'll have to do a resumptive hearing to get to that point. So, but you can start.

Similar wording

All right. Thank you. And I intend to, not out of rudeness, but to go very quickly. Our exhibits are in the records. So if I go too fast, slow me down. But I would like to conclude my testimony within the 45 minutes.

Similar wording

Good. So, as I said before, this property is a nonconforming struck. Oh, you know what? Let me start by putting agreement on the record. Mr. Bonnie's client, Lombard Muse, they're adjoining property owners. We have reached an agreement. There's still maybe some exhibits that need to be attached to it.

Similar wording

So I'm not going to object. If there's a problem downstream and he wants me to bring witnesses back to cross-examine them, I'm not going to object to that. Today, he doesn't plan to cross-examine because we do have an agreement.

Similar wording

Right, so thank you, Mr. Sherry, Mr. Primavera, thank you. Just to clarify, I think we're getting there within, you know, hours, frankly, and we've reached an agreement between counsel that if we do need to, if we do end up in opposition, which I think is unlikely, that I could, that he would not object to me submitting exhibits in the future,

Similar wording

and that he would not object to me cross-examining today's witnesses in the future.

Similar wording

So today I'm pretty much going to stand down and just watch.

Similar wording

Well, thank you very much, and we appreciate you briefing us on that beforehand.

Similar wording

So why don't you call, why don't you start?

Similar wording

Yes.

Similar wording

And as to Mr. Reuter for the city, there were two issues about the refusal, which we'll get into.

Similar wording

One was a moot point.

Similar wording

The other is there was a parking refusal on the original refusal that didn't show up on the current revised refusal.

Similar wording

That is a legitimate refusal.

Similar wording

So I think Len Reuter said that we didn't necessarily need to amend the refusal, but we're going to incorporate that in our variance request.

Similar wording

So, again, the property is a nonconforming structure and use in the form of a masonry garage built in 1929.

Similar wording

The block is generally bounded by Lumberg Street on the north, South Street on the south, 8th Street on the east, which is where we front, and Darien Street on the west.

Similar wording

Historically, the block and the neighborhood have never been exclusively residential.

Similar wording

And as you would expect, there's a lot of mixed-use activities in this block.

Similar wording

There are townhouses, there's condos, there's apartments, there's schools in the area, and I think St. Peter's is on your agenda for today.

Similar wording

medical facilities, and especially along South Street, there's a lot of retail commercial

Similar wording

activities. The site is zoned RM1 Residential, as is the block. RM1 Residential allows residential,

Similar wording

but it also allows, by special exception, certain non-residential uses under certain terms and

Similar wording

conditions. They include schools, religious institutions, and medical hospitals. The problem

Similar wording

is we are non-conforming and we're on 100% of the lot. So there's no way that we can ask for a

Similar wording

special exception. But the use of a Jewish day school or school is not out of character. And I

Similar wording

have a witness who will be very brief, Janice Woodcock, who did a land plan report, which is

Similar wording

in the record, to follow that up. So we have proposed, and you'll see in the exhibit, an

Similar wording

An adaptive reuse of this nonconforming structure.

Similar wording

It certainly has 100% coverage.

Similar wording

It's also attached on both sides.

Similar wording

So that's problematic in becoming a special exception.

Similar wording

We can't get there, even though the school was recognized as a special exception.

Similar wording

We just don't meet the dimensional requirements.

Similar wording

And we originally had an apartment for the rabbi and two faculty apartments.

Similar wording

We have since, as part of our agreement with the Lombard Views, have removed the two

Similar wording

faculty apartments but as you'll see when stuart rosenberg testifies the architect

Similar wording

it's a penthouse and the idea is as you'll hear from the rabbi

Similar wording

For security reasons, which we don't need to go into, it's really good to have him on site and also part of the religious instruction, whether it's, I'm not forgetting, I'm forgetting the word, but the Passover meals and things like that, Seder, you know, are conducted in a way on premise.

Similar wording

for security reasons which we don't need to go into it's really good

Similar wording

Yes, so there's there's an important aspect to that.

Similar wording

We have the variety of refusals, which we'll go through.

Similar wording

But if you look at that photo that's up, we only have one access.

Similar wording

The garage was accessed originally off of a street.

Similar wording

There's no way we can come in through a back or the rear.

Similar wording

So there's no way to access the garage that's proposed other than on the primary street.

Similar wording

Now, we are taking the street, and we're going to make it very much improved over its existing situation.

Similar wording

We also do not have enough parking, but as you'll hear, this school is affiliated with the Rabbi's Synagogue, which is like two blocks away.

Similar wording

And we envision, and our traffic engineers have said that at least 50% of our people will walk or take strollers.

Similar wording

we already have a pre-K at the synagogue, so we know pretty much how the demand is. We also know

Similar wording

how to operate drop-offs and pickups, and you'll see along A Street, we have good frontage to allow

Similar wording

that to happen. So we've had various meetings in our exhibit list, over 20 meetings. Wash West

Similar wording

sponsored a stakeholder meeting after its own Zoom meetings. We've also worked with the councilman,

Similar wording

Councilman Squilla, who was, you know, trying to bring the parties together and we've succeeded at least with the Lombard views, which are the closest adjoining property owner. You'll hear from other people in the resumption hearing across the street that they, they still have concerns. And just so you'll be aware of their Bradford Alley and Rodman. That's how I identify those that are still opposed as far as I know. So we've gone through many revisions based on input from Wash West and from

Similar wording

neighbors and uh we we basically think that we have condensed this project the best so that we

Similar wording

have what i'll call the least uh you know the minimum requirements for variance both use

Similar wording

and dimensional uh this jewish day school is very much in demand uh you'll hear that this is

Similar wording

something which is totally lacking and to be able to have a facility within walking distance of the

Similar wording

synagogue where in this neighborhood would you find a landmass big enough for this activity

Similar wording

it's been years that they've been looking for a home and the fact that there's this vacant

Similar wording

abandoned masonry former parking garage is really just a unique situation to be able to bring the

Similar wording