civus
Hearing video

ZBA Hearing - October 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20217h 13m

of the proposed development? They're about 27 feet plus the third floor. I would say they're

Similar wording

about 38 feet. What is stopping the developer from configuring this to being three floors, not four?

Similar wording

We are proposing three-story portion of the building facing Carlisle Street.

Similar wording

I'm saying from Carlisle all the way through to Broad, what would stop the developer from building

Similar wording

this within 38 feet and only three stories? It's really, for the project to be feasible,

Similar wording

this is not a possibility. When you say feasible, does that mean economically feasible for the

Similar wording

developer? It is, yes. It's economically feasible. Not feasible. It's not feasible, yes.

Similar wording

so without without the requested variance the developer would not be able to proceed because

Similar wording

it's not an economically viable project for them is that your testimony uh well it is it is the

Similar wording

truth i mean how could he propose to develop something that is just not feasible i have

Similar wording

nothing further, Madam Chairwoman. Is the Board of any questions? No, Madam Chair.

Similar wording

Are there any other witnesses who would like to weigh in on this in the virtual audience?

Similar wording

Vice Chairwoman, I would simply like to call my

Similar wording

Robert Volpe to adopt my testimony on behalf of the developer and the equitable owner.

Similar wording

That's fine.

Similar wording

And then while we wait for Mr. Volpe, again, I don't know what testimony Mr. Pressman would

Similar wording

be presenting through his own witnesses, if any. So I would just reserve the right to call

Similar wording

Ms. Reister back on rebuttal if there's any factual or dispute or something.

Similar wording

on uh on rebuttal if there's any you know factual or uh dispute or something like that that she

Similar wording

would be able to testify to thank you mr volpe please raise your virtual hand

Similar wording

he has been allowed to speak madam chair mr volpe can you put your name and address on

Similar wording

the record and spell your last name and I'll swear you in? Robert, V-O-L-P-E. Do you swear

Similar wording

for him to tell the whole truth and nothing but the truth? I do. Okay. Mr. Whelan? Thank you.

Similar wording

Mr. Volpe, you're here on behalf of the developer for the project, correct? Yes, I am. Okay. And did

Similar wording

you hear all of the testimony that was already presented in this matter? Yes, I have. And do you

Similar wording

believe it to be true and correct to the best of your knowledge? I do. And would you adopt it?

Similar wording

Excuse me, can somebody tell me why Angelina Geiger is on Zoom with us?

Similar wording

I'm sure she's waiting for her turn to be called. I keep turning the video off. If you can leave

Similar wording

your video off, please. Okay, as long as you're aware of it. Okay, go ahead, Mr. Whelan.

Similar wording

no problem um mr volpe i asked you if you had uh if all of the information that you had heard

Similar wording

was true and correct to the best of your knowledge yes i do and would you adopt it as your own

Similar wording

yes i would thank you um and is there anything else uh that is new or relevant for the uh the

Similar wording

board to understand in its consideration of this project today i have no i have no i have no

Similar wording

questions does the board have questions no madam chair no mr pressman do you have any

Similar wording

no questions do you have any witnesses i'd like to call um my clients that are uh

Similar wording

just to the south they call angela hunt first please she's a resident at 1220 south broad street

Similar wording

Angela, can you please raise your hand so Mr. Hand can acknowledge you?

Similar wording

Angela, can you hear me?

Similar wording

Yes.

Similar wording

Hi, can you put your name and spell your last name on the record and I'll swear you in?

Similar wording

Angela Hunt, H-U-N-T.

Similar wording

do you swear if i'm to tell the whole truth and nothing but the truth

Similar wording

yes i do we're going crazy with technology today okay mr mr whoever's witness that is

Similar wording

mr cressman your honor um miss hunt um can you identify uh where you currently reside

Similar wording

uh i live at 1220 south broad street and how many uh doors down is that from the proposed

Similar wording

development at 1212 1214 south broad it's three doors down and do you have any concerns regarding

Similar wording

this uh proposed uh development yes i do and can you explain to the board what those concerns are

Similar wording

well primarily we're going to lose a lot of light when this building goes up if it goes up and we

Similar wording

also lose our views of north philadelphia on our second floor third floor and on our rooftop

Similar wording

and do you have any concern regarding the size or scope of the development yes um we did some

Similar wording

modeling um and we're really concerned about the massing it is so huge it's i mean if you can just

Similar wording

imagine a cruise ship going down a venice canal that's what it's going to look like

Similar wording

um facing us except it's never going to leave it's 25 feet from our house so it's going to

Similar wording

be very claustrophobic and it's as i said it will kill our view and um our light will be diminished

Similar wording

um did you you said you had some modeling done who did the modeling for you

Similar wording

um our architect dominique moore okay if i may can i uh share with the uh the board and mr whalen

Similar wording

these uh renderings of course yes well i'm asking the chairwoman oh sure you may okay

Similar wording

i'm gonna ask to share my screen

Similar wording

Give me one second, please.

Similar wording

Okay.

Similar wording

I don't know what happened.

Similar wording

Are you able to see that, Madam Chair Long?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Ms. Hunt, can you please describe what this modeling shows to the board?

Similar wording

okay that shows the existing 1200 block south broad in front and south carlisle at the back

Similar wording

okay if you look at the one colored building mid-block whose building is that that's mine

Similar wording

and mr chadwick's and that's 1220 south broad correct correct and if you look down south broad

Similar wording

street um the two to the north of you and the remainder of south broad um on the 1200 block

Similar wording

are all those properties appeared to be uh 38 feet or less yes they do um and then the shorter

Similar wording

building two up that's the existing building that's a part of the proposed development that's

Similar wording

correct and in behind your building there looks to be an opening is that a backyard uh and shared

Similar wording

in an alleyway out to South Carlisle? Yes, we have a backyard and an alley that goes to South Carlisle.

Similar wording

Madam Chairwoman, can you see this diagram?

Similar wording

Without a doubt.

Similar wording

Yes.

Similar wording

Well, technology, you never know until it's posted.

Similar wording

I know.

Similar wording

Ms. Hunt, is this another diagram that is more prepared for you for this hearing today?

Similar wording

Yes, it is.

Similar wording

Can you describe what the red building is with regards to the diagram here?

Similar wording

That is the proposed building at the 1214, the J&A Culinary Institute, and that's how it will look according to their plans at the 50 feet height.

Similar wording

Just quickly, Madam Chairwoman, I will allow the questioning to go forward.

Similar wording

I would simply suggest that this slide presentation is being shown as a gross misrepresentation of what's being proposed.

Similar wording

So I will be calling Ms. Reister to describe how very different it is than what is being shown to the board at the moment.

Similar wording

Ms. Heinlein, in addition to the modeling that's done here, does this reflect the four rooftop decks that are proposed in this plan?

Similar wording

No, it does not.

Similar wording

Does it also, does it show the 10-foot pilot houses that would go on top of this structure to support those four roof decks?

Similar wording

No, it does not.

Similar wording

And does it show the roof deck on the back rear parcel on South Carlisle Street on the top of the first floor or second floor there of the dwelling?

Similar wording

Yes, it does.

Similar wording

Does it show the rooftop there?

Similar wording

Oh, no, I'm sorry.

Similar wording

So that would be improvements that are in addition to it.

Similar wording

Can you describe how this would impact your building and your use and enjoyment of your property if this building is built as proposed in the revised plans that were submitted to the RCO at the last meeting?

Similar wording

Yes.

Similar wording

As you can see, it shows the massing to scale of their plans for 50 feet.

Similar wording

And if you look at our building at 1220, you can see that it's just going to kill any view that we could have with a rooftop deck.

Similar wording

And then our second and third floor windows will be blocked from light and from the view that we currently have of the north Philadelphia.

Similar wording

and um if you see that that little garden there all they're proposing to have all the windows and

Similar wording

balconies on this side or most of them so we we will not have any privacy there will be additional

Similar wording

noise um there'll be additional lights on and people out on their roof decks and looking down

Similar wording

directly onto us so we do lose privacy um light and our view

Similar wording

Do you believe that the variance would negatively impact your property and its value?

Similar wording

Yes, we had a real estate agent come who sold us the house and he said that yes,

Similar wording

and he said that yes it would uh devalue the house because we would not be able to um sell it

Similar wording

it would devalue the house because we...

Similar wording

with the view that we currently have well i think with zoning light and air matters i don't think

Similar wording

anyone's entitled to a view it's nice to have one but i don't think that falls within the zoning code

Similar wording

no i understand that you understand what you're saying

Similar wording

I have nothing further for Ms. Hunt. Mr. Whalen? Yes, thank you very much.

Similar wording

Madam Chairwoman, I have just a couple very quick questions. You already addressed the primary one

Similar wording

about views. Mr. Pressman, can I share my screen? Sure. Do you want me to collapse this down?

Similar wording

Yeah, you need to stop sharing.

Similar wording

all right so

Similar wording

uh miss hunt my name is sean whalen and i'm representing the developer uh can you see a

Similar wording

picture of um an aerial picture of what uh will represent this is south broad street and the

Similar wording

property here at issue yes i do okay and uh i'm just correct that you testified that your house

Similar wording

is this one that I'm circling right now, which is one, two, three doors down from the proposed

Similar wording

project, correct? That's correct. Okay. And so this is one, two, three doors down from your house,

Similar wording

and your home is actually not as deep as either of the two houses between you and the proposed

Similar wording

project correct that is correct okay and and your current home does it have any roof deck

Similar wording

no we have one planned though okay and uh do you have any deck on the second or third floor

Similar wording

no okay uh so you you have a rear yard correct correct all right and

Similar wording

am i correct again here's a proposed building one door two doors this is your building correct

Similar wording

correct so your rear yard is that where i'm circling right in the center of this picture

Similar wording

here yes it goes all the way back to the trees okay and and again it's adjacent to and abutted

Similar wording

by this two-story addition with a roof deck at the building directly adjacent to you correct

Similar wording

correct but that doesn't block our view totally we can see through it on the second floor and then

Similar wording

above it on the fourth it doesn't impede our view at all or our light no that thing thank you i

Similar wording

understand i just wanted to uh to make sure that i was correct that you have an existing uh two

Similar wording

story and roof deck addition immediately abutting your rear property it's one story and a roof and

Similar wording

the two roof decks understood um the uh madam vice chair those are the only questions i have for

Similar wording

uh miss hunt okay i if mr pressman is done i would like to uh recall miss reister for about

Similar wording

two or three questions if possible. Great. Mr. Whalen, you might want to wait because I have

Similar wording

one more witness. Oh, sorry, Mr. Pressman. No, that's fine. I figured she might want to

Similar wording

address him as well. So instead of piecemealing it, we'll do it at one time. Is that okay,

Similar wording

Mr. Whalen? Of course. Okay. Please call your witness. I want to call Christopher Chadwick,

Similar wording

please. Yes. Mr. Chadwick, can you identify your, do you want to swear him in, madam?

Similar wording

Sure. Can you put your name on the record and spell your last name?

Similar wording

Christopher Chadwick, C-H-A-D-W-I-C-K.

Similar wording

Do you swear I'm to tell the whole truth and nothing but the truth?

Similar wording

I do.

Similar wording

Thank you. You may proceed.

Similar wording

Thank you. Mr. Chadwick, where do you presently reside?

Similar wording

I reside in 1220 South Broad Street.

Similar wording

And that's the same property as Ms. Hunt does. Is that correct?

Similar wording

Correct.

Similar wording

And that is three doors down from the South Broad Street development. Is that correct?

Similar wording

That is correct.

Similar wording

And without repeating her testimony, do you have a concern with regards to the impact on the light, ambient light that will be impacted with this development on your property?

Similar wording

I do.

Similar wording

Before I bring up the diagram, I want to know for the board your credentials.

Similar wording

So can you tell them what your educational background is?

Similar wording

Yes, I have a PhD in physics from North Carolina State University. There I specialize in optical science. The branch of physics I was involved in was involved in optical science.

Similar wording

Yes, I have a PhD in physics from North Carolina.

Similar wording

And based on that background and your education, were you able to do modeling to show the impact of the light on your specific property?

Similar wording

yes i'm gonna may i share the screen madam chairwoman yes you may thank you

Similar wording

madam chairwoman i would simply object to the extent that mr pressman is attempting to include

Similar wording

uh mr chadwick as an expert witness um with any kind of an expert report he can certainly testify

Similar wording

in his individual capacity as a resident of 1220 South Broad, but I don't believe that he's

Similar wording

qualified to offer any expert opinion today. And why is that?

Similar wording

We have only the basis of the fact that he is a PhD in physics, which while impressive is an

Similar wording

extremely broad and generalized practice, as is any optical or light-based product versus that.

Similar wording

we would need far more information with regard to uh his background and expertise to determine

Similar wording

whether or not it has any applicability here um certainly you know an expertise in physics doesn't

Similar wording

is not required with regard to a determination of whether the light or air from one building is

Similar wording

impacted to the next door building i mean we never have a physicist you know opine on all of these but

Similar wording

you know i certainly understand it'd be a good uh a good practice for physicists excuse me

Similar wording

this is sharon mr pressman are you presenting the witness as an expert i'm not presenting him as an

Similar wording

expert he is being uh he did his own study it can be taken for whatever value the board feels it's a

Similar wording

value is to uh enlighten them as to the impact on the light i think his credentials

Similar wording

provide him with the necessary background to do this study um but no i'm not proffering him as

Similar wording

an expert today. He's not an expert, and he's speaking as a neighbor. Yep, and therefore, Madam

Similar wording

Chair, I respectfully withdraw my objection. Thank you, Senator. May I proceed? Yes, you may.

Similar wording

Mr. Chadwick, I put up in front of you, can you see the study that you prepared?

Similar wording

uh right now i see the uh prior um presentation you you presented of the uh massing of the 1220

Similar wording

block i don't well that's unfortunate hold on is it up now or no i i do not see that okay

Similar wording

Let me get rid of those two.

Similar wording

I apologize here.

Similar wording

Just give me one second.

Similar wording

is it up now yes good is it too uh big or you need me to shrink it down a little bit

Similar wording

there how's that is that did the whole page yeah i can see the whole page okay um can you uh

Similar wording

walk us through this um in layman's terms possibly uh we have uh three columns here

Similar wording

is that correct correct and uh can you explain to us in the far left column uh what the perspective

Similar wording

of that is um for uh the members of the board and mr mr whalen so the um i guess just to quickly

Similar wording

go over the concept of the modeling here is that uh if you if you think of yourself as sitting in

Similar wording

middle of a beach ball for example and you have light shining on you inside that beach ball you

Similar wording

know that all the light that's coming to you is coming through the surface of that beach ball.

Similar wording

Now if you were to take and tape over part of that beach ball you would obviously get no light

Similar wording

through that section of the beach ball. So when you're trying to model kind of okay how much light

Similar wording

is going to be available at a specific area versus if you were to mask off part of that,

Similar wording

the effect there. With the way the light propagates you can model that.

Similar wording

uh the with the way the light propagates you can model that um and you only need to consider two

Similar wording

different angles in that particular scenario you consider your up and down angle like your vertical

Similar wording

angle and your horizontal angles so when we talk about the how the how the building is going to

Similar wording

mask off essentially part of the beach ball that is in is behind the three properties there um

Similar wording

immediately to the south of the project. So in the first column, the perspective is kind of at

Similar wording

standing height on the first floor. The middle column is taking the perspective of standing on

Similar wording

the second floor. And the third column is from the perspective of standing on the rooftop.

Similar wording