doesn't hurt anybody unless there's another motive
mr steinberg please proceed thank you mr chair uh the third point i want to make on this is that
this is in fact a self-inflicted uh need for a variance because again there's no need for a
subdivision in the first instance let alone one that needs a variance there's no unique physical
characteristics of this property it's a complete square uh the the designation alone does not
create anything unique about this property that would require uh any type of variance again this
is a self-inflicted situation on a quest for are you suggesting that the change since the purchase
of the property and the designation as historical uh did not put a burden on on the on the owner
I mean, it all happened after he purchased it.
With the opportunity to oppose it, and he did appear at the meetings and did not oppose the designation.
Initially, we most certainly did.
But then we decided to negotiate with the community at the time.
They knew very well that our intention was to subdivide this lot.
And we thought out of good faith that we would be able to work together.
Little did we know that I think their motives are not necessarily as transparent as we think.
Sure, thank you, Mr. Chair.
Sure. Thank you, Mr. Chair. Again, some of these comments and arguments really are for the RCO to speak to, which hopefully they will when I'm done. So I'll try and keep my comments to what I know. And as it relates to my neighbors, there was testimony that there'd be no undue burden on the community or anything like that.
But one point that would, and again, I know this is just a mere lot line change, but I think everyone can agree that nobody just subdivides a property for no reason.
Eventually, there'll be something on that property, and that something will have sewer issues and sewer needs.
And this property is connected to five other properties that share a private sewer line that is extremely old, is taxed right now at five properties.
Trying to add a sixth property to that sewer line would be completely, would create an undue burden and to try and extend to the public.
There's no evidence of that.
That is speculation.
Yeah, there's no evidence of that.
My client is available to testify to that effect because he is a part of that private sewer that
runs through the property. So I think there is, that's not just conjecture on my part for that.
So I think to me, the bottom line here, focusing merely on the fact that this is a lot line change,
there's there's no undue hardship there's no Hertzberg even though this is Hertzberg there's
no financial hardship that's been demonstrated this is not the minimum variance that is needed
and it's a self-inflicted variance so with that what I'd like to do is I don't see him on here
but I know that my client Walt Summers wanted to make a statement and I again I don't see him
on here mr summers available if so mr summers please raise your hand
chair um he has an older version of zoom so the only way i can let him speak is if i promote him
to panelists okay let's do that all right
you're on mute
Mr. Summers you need to
unmute yourself please
good morning
Mr. Summers
Mr. Summers
would you please spell your full name
and I'll swear you in
W-A-L-T-E-R-S-O-M-N-E-R-S.
Do you swear if I'm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Someone has a device on behind them?
Do you have a television or radio?
Not me.
Mr. Summers?
Sorry, Chair.
This is Tanya.
Mr. Summers, it appears that it was two devices for you.
do you have um two devices on at your home or your location oh we may have another device on
i don't know but can you hear me on this device yes i think the mute one because we're getting
feedback when there are two devices with volume i think mr chair um if one of my other clients
is here he might be able to offer the same testimony can you hear me now we can we're still
getting feedback mr steinberg do you want to go to your other client mr summers we'll get back to
you go to your other uh don ratchford are you on i can't see you anywhere
mr rashford please unmute yourself and wait for the chair please identify yourself spell your
full name and i'll swear you in don ratchford d-o-n-r-a-t-c-h-f-o-r-d i'm at 615 go ahead
finish i'm sorry i'm at 615 west mermaid lane in philadelphia 19118 you swear for him to tell
the truth the whole truth nothing but the truth i do sir thank you and don did you hear the testimony
that i gave to the board and if so do you adopt my statements as your own i do okay i don't know
if you were given uh waltz um statement that he wanted to make uh if so could you share that with
the board i sure will uh walt summers and i uh are both
Walt Summers and I are both owners of wings of the Kuwaitan estate, the third wing being the kitchen wing, which is the 540 West Mermaid lane in discussion.
Walt did pass me some information that he would like me to present.
so Walt is a representation representing the 540 Westmoreland Avenue near neighbors
I'm going to read this verbatim now we as a neighbor we as a group come before the board
you know I'm sorry I just have to respectfully object as it's hearsay well we're having technical
I understand Mr. Summers would be doing I understand your objection but thank you
Yes. Please proceed, Mr. Ratchford. Yes, sir. One of the things I always want to add, Walt and I have worked together on these words.
I fully agree with these words and support these words as well.
So we come forward as a group in a unanimous opposition and oppose any subdivision is not permitted as of right.
any subdivision would logically suggest the construction of a home that is now in the front
yard of an existing property the proximity of any new home so close to the street would be out of
character with the homes on westmoreland which are set back much further this would also block
burn excuse me you're mute you're muted i object there's no home being proposed yes i was just
going to say, Mr. Ratchford, all due respect, we don't know what will, if anything, get built.
My client could sell the property. My client could sell a subdivided lot to me and I could
decide to grow corn on it. And I would have to come before the board and the RCO if I wanted
to grow corn on that lot. Everything else is speculation. That's right. But continue. Correct.
I think what Walt is willing to say is being RSD1, this property is being separated into two lots,
continuing to be rsd1 uh for um the speculation as you said of uh the construction of another
property uh well my property has also been designated as historic and carries with the
same benefits and obligations i want to bring the board's attention to the properties which
constituted kuwaitan state were subdivided in 48 1948 the historic commission did not subdivide
these properties they were already subdivided when the designation occurred there are many
clear and compelling reasons why the historic commission designated the three parcels that
constitute the created state as a story the rcos have or will apply will aptly cover those issues
however there are a couple of points i'd like to specify specifically point out to the board
that will have material adverse impacts on me my wife and other immediate neighbors you know
Don Ratchard and Nancy Dixon. There are no waste disposed on Westmoreland Avenue other than
septic, which is not feasible for a subdivision. Those in Kuwait are adamantly opposed to any
attempt to tie to our private sewer line. Excuse me, this is the court reporter. Pardon the
interruption. Sir, could you slow down a little bit, please? Sure. These lines cannot handle
another home. In addition, a subdivision would negatively impact the neighbors across the street
and adjacent to 540 West Maryland because it would diminish the view shed and would be out of place
with the rest of the residents on the street. In fact, every single neighbor within 250 feet
of the proposed subdivision is opposed to granting a variance. In summary, the neighbor's request
that you deny the request for the subdivision
or the variance for the subdivision.
Thank you, Chairman.
I just have to object.
I just want to object to the testimony
with respect to a sewer system.
I'm going to have an expert come on
after Mr. Steinberg is done
and we're going to clear this up right away.
Mr. Steinberg, you have anything?
Any other witnesses?
No, but I do believe that the two RCOs
are available and wish to speak want to get to that right now thank you all right anyone else
who wishes to testify please raise your hand chair we have lori
salganikoff please uh spell your full name
um l-o-r-i s like sam a-l-g-a-n-i-c-o-f-f like frank frank i'm not sure why my camera's not
working no worries we can hear you uh you swear for him to tell the truth the whole truth nothing
about the truth? I do. Thank you. I'm sorry, Chair, this is Tanya Sunkett. If I could make a request
Thank you. I'm sorry, Chair, this is Tanya Sunkit. If I could make a request that we get the individual testifying. Yes. Thank you, Kylie.
that we get...
Yep. Please state your address.
Chestnut Hill Conservancy is located at 8708 Germantown Avenue in Philadelphia in the Chestnut Hill section.
So you're representing the conservancy, not as a near neighbor. Is that correct?
Correct. I am the executive director of the Chestnut Hill Conservancy.
Okay. Okay. I just want to establish that you're not a near resident, but your testimony is welcome. Thank you.
Thank you. And good morning, Mr. Chairman. As I said, I'm the executive director of the Chestnut Hill Conservancy, a community nonprofit and RCO working to balance development with preservation and conservation in Northwest Philadelphia and throughout the Wissahickon watershed.
shed. Over the last two plus years, the Conservancy worked in partnership with two-thirds of the
owners of the former Keywayden property to add it to the Philadelphia Register of Historic Places
and help manage its evolution. I'd like to share a brief description of what was protected,
that the applicant not only declined to object to the designation, but actually voiced support for
it, and some reasons that the Conservancy's Historic District Advisory Committee unanimously
voted to oppose this variance. I'm here to request that ZBA not approve the variance requested to
subdivide a larger developable front lot at 540 Westmoreland Avenue than allowed by zoning
and create a narrow flag lot for the historic building. The Kewaden property was built for
the Clark family in multiple phases between 1889 and about 1912 on a large plot of land in the
Chestnut Hill neighborhood of northwest Philadelphia. The U-shaped complex is set
deeply back from three streets and includes a main house, two flanking detached but connected
wing buildings, and dramatic public streetscape views to all. The main house stands approximately
200 feet from Cherokee Street behind a deep lawn. 540 Westmoreland and 545 Westmermaid
Avenue wings face their respective streets from 150 foot. This is the biggest, the best,
the most fun case of the day this hearing is about the excuse me excuse me ma'am someone is speaking
over you so please proceed thank you i appreciate the compliment this hearing is about the future
of the moreland avenue property the original keywayden property was subdivided into multiple
parcels in 1948 with these three properties converted to single family homes and zoned rsd
The three-pop property complex received local historic designation from the City of Philadelphia in February of 2020.
The buildings, some of the earliest colonial revival homes in Chestnut Hill, have always been physically and visually connected to each other and to the streets on which they sit.
The open space and viewshed from the three surrounding public streets of Moreland, Cherokee, and Mermaid Avenues are a fundamental part of the property's history and significance.
The protection of the open space and historic streetscape views was recently confirmed once
again by the Historical Commission's counsel, Leonard Reuter, who added any lot adjustment
or subdivision will not affect the designation. But this was certainly not news to the applicant.
In fact, on April 2019, all three K. Whaden property owners were notified that the Historical
Commission was considering designation based on a nomination prepared for two of the property
owners by the Chestnut Hill Conservancy. The notice letters stated, if adopted, the designation
of the property as historic would include the site, the exterior envelopes of all buildings
on the site and any permanent site appearances. During historical commission deliberations,
Mr. Anastasio suggested that the historical commission should designate only the building,
but declined to respond to the commission's invitation to demonstrate that the open spade
is not part of the site's significance or provide a site plan with proposed boundary adjustments.
In addition, he stated at the January designation committee meeting,
we want to put this on the record again. We do not challenge the designation. We do not object
to the designation. Mr. Anastasio later added that it was... I have to object, Mr. Chairman. None of
this is relevant uh but unfortunately uh open space isn't protected my statement i'd just like
to finish i don't have a lot more it's objectionable i'm sorry he does have enough he does
have the right to she's putting words in my mouth she speaks we are here for our hardship
they created this hardship we went along with it to be good if i may he's he's lobbed his
objection. It's noted. I think she should be able to speak. Nobody interrupted Mr. Anastasio when
he made his very short presentation. We are responding to it. We have the right to do so.
presentation we are responding to it we have the right to do so please proceed ma'am
thank you um i will mention that at no point during the designation process did mr anastasio
mention the hardship described in his letter to zba and these quotes that i'm mentioning and and
are based on recordings from the historical commission uh vote uh so the chestnut hill
Conservancy unanimously voted to oppose the variance request for 540 Westmoreland Avenue
for the relocation of lot lines for the use as a vacant lot. The variance sought by the applicant
does not represent the least modification possible of the code provision as required for the granting
of a variance. As the Planning Commission has described that 540 Westmoreland is likely
subdividable by right, it is puzzling to hear that the proposed subdivision represents the least
modification possible how could the applicant know that if by their own admission they only
proposed one by right scheme to planning that was not accepted and have not further investigated the
issue to our knowledge and to their testimony objection that's not true that's what you said
during the rco meetings we took your advice we resubmitted we were denied i'm sorry chair this
Mrs. Tanya Sunkett, if I could ask that all witnesses do not debate or discuss matters with the attorneys, they can make their statements, and the attorneys do have a right to make objections.
Thank you very kindly, Chair.
Thank you, and we'll try it again.
Ma'am, please continue and understand what Ms. Sunkett just said.
The attorney does have a right to make objections.
Thank you for that clarification, Ms. Sunkett.
I'm new to this process and I will continue that.
Having one possibility rejected does not mean that something is not at all possible.
It defies logic to state that a proposed 15 foot wide flag lot is the least modification possible
from the code if sufficient frontage is available.
The applicant states that the hardship for this variance request is the designation of
this property to our local historic register. We and the Philadelphia Historical Commission's
Executive Director understand that the designation of an historic building does not constitute a
hardship. The designation in and of itself adds to the value of this parcel, preserves the physical
and historic attributes of the property and the city, and assists in managing change in Chestnut
Hill, which is a national register historic district characterized by the Wissahickon style
of architecture open space and pedestrian scale residential streetscapes. The conservancy works