record. The number is 267-270-5548. Thank you, Chair.
Thank you, Tanya, and no other requests for continuances? Okay.
I have hands up and I'm unsure. Yes, if somebody feels that one of these cases
was read in error, please raise your hand and speak up. Mr. DeMarco,
you going to unmute yourself? You're here for something? Yes, I have two questions. One,
do I need to leave the Zoom and re-enter and register since I was on the immediately preceding
case? And I did not have a chance to register specifically for this case because it would
have had the wrong information. But I'm involved in the 2000 Spring Garden case on behalf of a
protestant. So I did not have an opportunity to register. Do I have to leave the Zoom and
then re-register, or can I do that later? Are you an attorney representing someone for this
case? Yes. No, you can just stay as you are and we'll promote you as a panelist, but you can also
use that Zoom number if you wish to, I'm sorry, that Google number if you wish to put yourself
on record. I understand some of the addresses or cases wasn't listed. We apologize as we work
through some of our challenges but um you can stay on and when necessary we will promote you
to a panelist thank you and then i do have a comment on a continuous request for this case
but i'll wait until you're ready for that okay thank you i also see a call-in person who has
the hand up i'm going to allow them to speak call-in user three is what it's labeled um are you
We're here to testify about a continuance.
The person on the phone, label call-in user three.
The person on the phone labeled call-in user 3.
Hello?
Are you an interested party in this case, or do you have concern about the request for
continuance?
Call-in user, unmute yourself, please.
Unmute yourself, ma'am.
Core number, user number three, you have to unmute yourself. Unmute yourself, please.
Okay, thank you.
Can you name and address?
Yes, it's Adrienne Fernandez, Swampoodle Neighborhood Possibles Association, RCO.
Ms. Fernandez, do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
yes thank you I'm registering I was able to do it on on the film five times it
wouldn't accept it for 2964 North 23rd Street the attorney slash applicant said
he was continuing but it's still on the list are you here for a continuance for
today? No, I'm not. The attorney said he was, he sent an email saying he's asking to reschedule,
but we requested to be dismissed because it was already continued. I'm willing to wait until it
comes up for testimony, but I was just confused. I didn't know if he contacted ZBA separately
because he indicated that immediately he contacted ZBA to not have the hearing today.
okay you can probably follow up with the board i'm not sure what um case this is but we only
are we are only here discussing the last case 2000 spring garden street oh you're saying for 430
you do not have on the list 2964 north 23rd street
Sharon, could you explain that to Adrienne, please?
Swampoodle's request in a case be dismissed.
Okay, we can discuss that offline.
Thank you.
Okay, I'm just confused, am I waiting for that address to come up, is it showing up on
the Zoom list?
Are you telling me it's not on your list?
No, it's not.
Do you want me to wait till you call?
What do you want me to do?
Do you want me to wait till you call it?
We'll talk to you offline.
It's not listed for today on this list.
We have one case left.
Okay, because there's four listed on the Zoom.
I don't know if you're aware of that.
There's four listed for 430 on the Zoom.
Yeah, she's out.
There's a technical issue.
I think you want to, you, Swampoodle was asking for the case to be dismissed.
I believe there's an also for another request to have the case continued it's being continued
because we did not receive the exhibit so it can't go forward this is 29 54 we are discussing there
there's one case listed that is going forward at 4 30 there are three that are being continued
continued that one of the three that's being continued is the case that you're interested in
adrian and at the time of the hearing then you can make you can move to you can ask that the
case be dismissed thank you calendar number uh 398 37 2000 spring garden street
we can hear you good afternoon we can't hear you sir can you speak up a little louder
Good afternoon. Can you hear me now?
So, Mr. Miller, can you check and see if your volume is up on your device?
Okay let's do a sound check test test test all right hold on yeah hold on yeah hold on sir yeah explain
all right hold on yeah hold on yeah hold on sir yeah explain
i'm sorry i understand there are two other attorneys on this case
and that those attorneys are requesting a continuance is that correct yes it is mr chairman
can i be heard now on that yes yes please i'll be very brief uh
because Mr. DeMarco just identify yourself you've already been sworn it and I'll be very brief
because I did submit a letter and the reasons for the continuance were contained in that letter
that was my letter dated July the 23rd 2020 the board hasn't officially ruled on it we did ask
for a special listing of this case that was one of the one of the main reasons for the continuance
request. There are multiple witnesses. There are multiple attorneys. There are experts,
multiple experts. So we thought starting late in the day at this time, which is now 519, would be
difficult. And we suggested a special listing. Sharon did let us know that there wasn't really
room for that but there were other items i would just like to highlight which was that
the rco process was basically contained within about a two-week period we found out about this
hearing date about 15 days ago the rco has labored valiantly to try to complete its process
uh through an email comment format um there has never been an in-person rco meeting due to
the issues with the covet 19 shutdown um we um we did want to have an in-person meeting
but we understand that's not possible we were hoping that there would be some sort of zoom
platform neighborhood meeting in this case that never took place and the only
mailed notices that went out by the applicant as the applicant is required to
do were sent for the meeting that was ultimately canceled in March due to the
COVID-19 shutdown so we've never had a in-person or zoom meeting there's been
no time and prior to this hearing there was no opportunity other than email comments for near
neighbors to submit comments now the rco has been able to conduct a process and obviously we've
participated in that process but i wanted to put on the record mr chairman and and the board has
not ruled on my request that this matter be continued to allow for more time for community
input and for mailed notices by the applicant as required for this hearing and i'll rely otherwise
on my letter that was sent last week thank you for your time thank you i have another attorney
i believe who wishes to speak in reference to this ryan boland yes good evening members of
the board um ryan boland and i'm here i represent spring garden civic association we joined in mr
demarco's request mr boland mr boland please spell your name identify yourself with the record name
and address certainly ryan boland r-y-a-n-b-o-l-a-n-d my address is 1801 market street suite 2300
philadelphia pennsylvania and i represent sorry go ahead you swear and affirm to tell the truth
the whole truth and nothing but the truth? Yes, I do. Thank you. Please proceed.
So again, I represent the RCO, the coordinating RCO. We joined in the request of Mr. DeMarco.
We understand that the applicant, although the applicant agreed to try and have a remote session
where comments were submitted to the RCO and then we prepared a letter, we understand there's
some concerns about that. We are very happy to host a Zoom meeting, have formal notices set out.
We're happy to do anything that any party wants here. We've tried very hard, as Mr. DeMarco said,
in order to collect feedback. That's all I have. Thank you. Here I have Janice Woodcock,
who would like to speak janice you've been allowed to speak you can unmute yourself
can identify yourself janice name and address and then i'll swear you in please
where do i
Where do I, how do I raise my hand?
Hello, this is Andrew Miller speaking.
Well, I think we were waiting for Ms. Woodcock.
And then we'll get to you, Mr. Miller.
Thank you very much, Mr. Chairman.
Janice, you can unmute yourself.
Hello, this is Janice Woodcock. I'm at 2047 Rittenhouse Square. I do not need to be sworn
in or speak today if the case is continued. I was only in the chat to make sure that I
was able to be heard as a witness should that be necessary. I'm just unfamiliar with the
procedures I apologize no worries thank you Mr. Chairman Janice is our one of our witnesses
and was just being formal understood understood I also yeah Tanya I also have Joseph Beller
I don't know if that's Ryan or someone no I just I'm here with Ryan Ryan will be conducting
can you hear me okay we hear you joe okay i'm glad you hear me uh ryan will ryan bolland will
be representing and i'm just there with him thank you uh also for the record i understand a letter
was sent in today from council president clark's office asking for a continuance also is there
anyone else tanya yes beside you mr miller i mean is there anyone else thank you on the
continue on the continuance request i see megan b i don't know if she's here for
megan you can speak are you here for the continuance request
hi um no i'm i'm here to support uh the development okay
okay and anyone else uh that's all i see chair thank you mr miller
good afternoon may it please the board my name is andrew miller and i represent the applicant
the suggestion that mr demarco has made that the spring garden civic association or the community
committee in general has not had sufficient time to consider this application is untrue.
This process began with the Historical Commission over a year ago.
The plans before you are the same plans that were before the Historical Commission.
Those plans have been in the possession of Mr. DeMarco's client and the Spring Garden
Civic Association for almost a year now in their present form. The matter was scheduled
for a meeting before the RCO in March. That meeting was cancelled as a result of the COVID emergency.
Understandably, we had an expedited hearing scheduled April 15th. That was also cancelled
because of the COVID emergency. On April 21st, I wrote to the Spring Gardner Civic Association
and I asked that in light of the COVID emergency and in recognition of the fact that all of this
has already been considered by the Spring Gardner Civic Association, that we proceed in an informal
manner without an in-person meeting, and that the Spring Garden Civic Association solicit
input from its members, from the community at large, by email and by the internet, and that
they could complete the RCO process in that manner. On April 28th, the Spring Garden Civic
Association said that's a great idea we will proceed in that manner and all was well. Then
Mr. DeMarco sent a letter on April 29th threatening the Spring Garden Civic Association and suggesting
that to proceed in any manner other than a live hearing would be a violation of law.
As a result of Mr. DeMarco's letter, the Spring Garden Civic Association stopped that alternative process.
On May 4th, I wrote another letter, and I asked Ms. Freeland to reconsider her decision not to hear this matter at all.
and in the interim, the Zoning Board issued its own emergency regulations encouraging
And in the interim, the zoning board issued...
that RCOs proceed by alternative means. Finally, on July 7th, Ms. Freeland sent a letter,
an email saying, well, we've decided to proceed again. So any suggestion that the Spring Garden
Civic Association has not had sufficient time to actually review this matter is false. Any
suggestion that their efforts have been valiant or that they've labored against untoward circumstances
is untrue. And any suggestion that the Spring Garden Civic Association has not had adequate
opportunity to review this matter is belied by their own letter submitted last Thursday to the
board completely reviewing this matter. I might add that Mr. Boland did not send that letter to me
until after four o'clock today.
But notwithstanding the fact
that that has been withheld from me,
that it constitutes essentially
an ex parte communication with the board,
we are ready, eager,
and willing to proceed this afternoon.
Thank you.
May I respond, Mr. Chairman?
Briefly.
Please do.
Very briefly.
My concern is not with the historical commission and the historic process that went on.
That is completely irrelevant and does not fulfill any of the requirements by the applicant in the zoning code.
My concern is that we have a proceeding that fulfills the zoning code, and Mr. Miller and his client have not notified any of the near residents of an RCO meeting for this project, and that creates an issue where an element of the code has not been followed.
While the board has encouraged an online process, and I understand why, the mailed notices were not sent for this proceeding or any RCO meeting.
The RCO meeting that the mailed notices were sent for did not take place.
So there are potentially a number of nearby residents that may not know of this proceeding.
Now, there was a poster posted, so I understand that.
That issue has been complied with, but as the board knows, there is a mailing requirement in the zoning code, and there's a requirement for an RCO meeting.
And that has not happened in this case.
It is only the RCO has tried to do it through an email process, but clearly,
And I'm sure Mr. Miller would like to make sure that this proceeding complies with the zoning code.
So I'm not understanding why there's a rush to get this hearing on when we haven't really fulfilled the spirit of the code.
We're all laboring under unusual circumstances.
I understand that.
I appreciate that the board wants to see these cases move forward.
I agree with that, but not without fulfilling the requirements of the zoning code because they have not changed.
and there were no mailed notices mailed, and that is what the basis of the continuance is.
And what happened with the historical commission is completely and utterly irrelevant. I'm talking
about compliance with section 14803, section 12, which is that mailed notices be sent
for a neighborhood meeting and that some neighborhood meeting occurs, and that has
not happening thank you here we have um mary jones from the councilman office if you it's okay
i'm going to allow her to speak please miss jones yep please identify yourself miss jones for the
record uh good afternoon my name is mary jones um i represent council president daryl clark