How many people?
We can tell how many people are going to get on by how many people in those lines.
Thank you.
We're ready to start.
Good morning.
My name is Bill Bergman, and I will be chairing this morning's ZBA hearing.
With me is our board member, Cheryl L. Gaston.
Present, Mr. Chairman.
Or board member, Panetta Graham.
Present, Mr. Chairman.
Or board member, Michael Johns.
Michael?
We see you, Michael.
Okay, so Michael should be on very shortly.
Our board member Ty Wynn is here, and our board member Ryan McAdams.
Present, Mr. Chairman.
Also present is our board attorney, Hillary Emerson, and our board administrator, Lakeisha Dandy.
A recording of this hearing will be posted on the ZBA website.
By participating, you consent to be recorded.
There is an in -person meeting with remote capabilities.
whether remote or in person if you call to speak you must state and spell your name and then wait
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Please remain here so we can account for you.
Let's look at our schedule for today.
Any requests for continuances?
Good morning, Chair.
This is Fatina, and I'll be your co -host for this morning.
I see one hand, and that's Mr. Vern Anastasio.
Right.
Good morning, Mr. Chair, members of the board.
Council, could you please state your name and spell for the stenographer?
Yes, sir. It's Vern, V -E -R -N, Anastasio, A -N -A -S -T -A -S -I -O.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Could you give us the status of this case?
MI 2025, 000432 -5118, North Broad.
Yes, sir. We're working with some of the immediate neighbors to come up with a plan together.
And as a result, I do need a brief continuance.
Okay, thank you.
Thank you.
So MI 2025 004 -3251 -18N Broad Street, this case will be continued to 9 -16 -25 at 9 .30 a .m.
Thank you very much for calling in.
Thank you.
Great.
And number six, MI 2025 002 -546 -911 Northeast Boulevard, there is a letter of withdrawal.
This case has been withdrawn.
We're going to start with number three.
Number three, MI -2025 -00 -318 -527 -East -Chelton Avenue.
Alan Notkinson and Alex Goldberg are the attorneys.
Good morning, Mr. Goldberg.
yeah he's coming back in as a panelist yeah he's sitting right here we said
could you please state your name and spell for the stenographer
alex goldberg a -l -e -x -g -o -l -d -b -e -r -g do you swear or affirm to tell the truth the whole
truth and nothing but the truth i do um so this is a a resumptive hearing mr goldberg
um this is the order of uh we believe how this will go updates from the applicant regarding
plans and layouts questions from the board and council public testimony and planning commission
will then make a recommendation so could you start your presentation i can
okay so i am here representing madison ventures phl2 llc um the last time we were in front of
the board which was on april 30th we had a version of the plans from a prior iteration
of the project that essentially proposed the enclosure of the front porch that you can see
on the screen um that's no longer part of the plan and there are the uh the architectural floor
plans are are reflected to show that so i'm just gonna go right to the plans um the the sort of
important points of the project have not changed we're proposing a two -family dwelling in an rsa
zoning classification on a block that the Philadelphia 2035 plan proposes to convert
to RM1. Under RM1, this lot would actually allow four dwelling units. We're only asking for two.
This block is lined with multifamily living. There's industrial and manufacturing directly
behind us. There's a church across the street. Variances were granted for three consecutive
of triplexes adjacent to us, or not adjacent, but one over. And we're proposing a two -bed,
one -bath with no living in the basement on the first floor and lower level, just laundry and
utility and storage down there. And then on the second and third floors, a four -bed, two -bath.
Both units are over 1 ,000 square feet, between 1 ,300 and 1 ,500 square feet each, so they're
rather sizable um they'll be self -managed um and um mr chairman and if you'd like to me to sort of
contain my presentation to that i'm happy to bring my client on to adopt my testimony
bring your client on um carlos messa should be in the virtual audience
mr goldberg as we're waiting is there a rear exit on the first floor
I'd ask my client.
Yeah, I believe there is more planned to be one.
I'll ask Carlos once he joins the virtual audience.
We have a caller, a phone number ending in 3930.
He's able to speak.
Please unmute.
Good morning.
Could you please state your name?
It's Bell for the stenographer.
Caller with the phone number ending in 3930, please unmute.
You're free to speak.
You could press star nine to unmute.
Or try star six caller.
Okay, can you hear me?
yes could you please state your name and spell for the stenographer
yes carlos messa c -a -r -l -o -s -m -e -s -a
stenographer did you get that
yes chair okay thank you um do you swear or affirm to tell the truth the whole truth nothing but the
truth yes i do please proceed counsel hi carlos did you hear my testimony today
yes and was it true and correct yes and would you adopt it as your own
Yes. And regarding the first floor, I'm not sure if you heard the chairman's question. Is there currently or is there a plan to be either either or a side exit from the first floor or a rear exit from the first floor or both?
yes and regarding the first floor i'm not sure if you heard um the
uh there would be a back exit entrance at the back in order to enter the backyard okay
thank you carlos and one yeah go ahead one more note i forgot to mention for the board um you know
we do have a small side yard that has access to the rear and we'd agree to a proviso for trash
stored in the side yard all right questions from the board does the basement only um have access
for the first floor unit because i do see that there's a front facing door yeah there's a there's
a door that exits directly out to the front that's sort of but only the first floor tenant it's gonna
have access okay all the questions from the board yes where is this rear the rear i believe this is
sliding door back here the rear exit is out of this bedroom in the back oh okay um i'll i'll leave
that to uh board member johns uh and then uh on the uh for the second unit the first floor of it
um my pet peeve where you have to go from the bedroom there in the back through the kitchen
and the living room to get to a bathroom is that what i'm seeing there i back here yeah yeah so um
oh you're saying for that person to get to the front to go to the bathroom yes um i mean
it's a large kitchen living space and dining area i think it's probably feasible with the
square footage about a 1500 square foot unit to put a bathroom in there i think that's reasonable
yeah yeah i i really have a problem with that whole idea that you have to kind of get up in
the middle of the night and wander through the kitchen and the bathroom the kitchen and the
living room to get to a bathroom that's fair okay thank you other questions on the board
do both tenants have access to the rear yard since there's access on the side yeah so there's
and i'll go to a front facing photo okay there's a there's a gate here um that goes directly through
the side yard and into the rear and we'd have you know depending on what sort of trash storage
container we get uh it would either go in the rear or in the side obviously we don't want to
you know interrupt passage from front to back but that's where we'll have the trash door where are
the pico meters currently located i believe in the basement and there's a there's a plan for
utility room direct to that door through that door into the you know from the front of the facade
so are the utilities for the pico for the second floor also going to be that's my understanding
okay just the suggestion i would make the utility room close so that both tenants have equal access
to that space if they're both going to have their utilities okay down there meaning sort of seal this
off and it just be a standalone space yeah all right any board more board members
questions or comments from our attorney?
Just a quick clarification. There's no
parking at the property, is this correct? Okay. So then there was a refusal
missing for accessory parking since it's RSA 3. Okay. Thank you so much.
Questions or comments from the audience or the virtual audience?
Chair, we have Charles Richardson.
Good morning, Mr. Chair.
Good morning, Mr. Richardson.
Bright and early for you today.
Yes, sir.
Could you please state your name and spell for the court's sonographer?
Certainly.
Charles Richardson, R -I -C -H -A -R -D -S -O -N, Office of Councilwoman Cindy Bass Room, 508 City Hall.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, sir?
Please proceed.
The Councilwoman has no opposition to granting the variance.
Thank you.
anyone else in the virtual audience or the current audience
one more thing mr chairman i believe it was on the record at the last hearing but we do have a
letter of non -opposition from the rco okay sure yeah i see no hands here planning commission
amy board with the planning commission amy boid do you swear or affirm to tell the truth the
whole truth nothing but the truth i do the comprehensive plan recommends a change in
The Comprehensive Plan recommends a change in zoning at this location from the existing Residential Single Family, RSA 3, to Residential Multi -Family, RM 1.
zoning at this location from the existing resident
The proposed two -family use would be allowed under the recommended zoning.
The Planning Commission recommends that the Board grant the requested variance for two -family household living.
Thank you. MI 2025 -000318 -527 East Cheltenham Avenue, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
um tie away my vote is yes
okay that's it where you have your vote so we're going to go to number four
mi 2025 000 415 832 winwood road alak sakalov is the attorney
Mr. Chair, Mr. Fellis is here to present the resumption hearing on this case.
What's that?
Gabriel Fellis is here to present the resumption hearing on this case.
Counsel?
Good morning, Chair.
Good morning. Could you please state your name and spell for the stenographer?
Gabriel Fellis, G -A -B -R -I -E -L. Last name is Fellis. F as in Frank, E -L -L -U -S.
Do you waive the reading of the... Oh, I'm sorry. Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
And counsel, so this is a resumptive hearing?
Correct.
We see is applicant will present supplemental information.
There'll be questions from the board, public testimony, and then a planning commission
recommendation.
Could you please proceed?
Do you guys see the notice of refusal?
We do.
Great.
Thank you, Chair.
So Rarita is seeking the approval to legalize the existing use of the property as a four -family
dwelling i just wanted to remind the board the current owner bought the property in its current
condition never made any material alterations to the interior that increased the number of
living units case was first heard on april 30th and continuing to today because i believe the
board had some questions about the various entrances to the property and you guys requested
more detailed floor plans showing how the uh the units were oriented so i'd go straight to
those materials really quickly. So these are four plans we prepared to give you a little more
context for how the units were oriented. Like I mentioned earlier, I think the board wants more
details about the side entrance to understand how the tenants could reach the second and third level
floors without kind of crossing into the first floor studio i'm sorry the first floor unit
so this entrance here is marked in red these are the stairs kind of throughout the building
and then we have some photos here showing that side entrance that allows tents to access kind
of around the porch right here so if i understand correctly i think that was like the main um
issues that the board wanted to get a little more sense of from the last hearing.
So with that, I would like to bring on the property owner to adopt my testimony
and answer any questions you guys might have.
So just out of curiosity, right?
So this is for four units.
Correct.
And there's three mailboxes now, one, two, and three?
two and three i believe so i think the other one might be on the front but i can't see a picture
of that okay and then there's three air conditioning units in the back do i see that
i'm not sure
i think that mrs terry might be able to answer if there's three okay good why don't you bring
the client on. Great. Her name is Valisha Terry. She should be in the virtual audience.
She's been allowed to speak. Good morning. Could you please state your name
and spell for the stenographer? Hi, good morning. Valisha Terry
V -A -L -I -S -H -A
T -E -R -R -Y. Do you swear?
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes, I do. Please proceed, counsel. Alicia, have you heard my testimony
this morning? Yes, I have. And was it true and correct to the best of your knowledge? Yes. And
would you adopt it as if it were your own? Yes. Great. Any questions from the board? We'll be
happy to answer. Well, I guess the first question is there's three mailboxes, but you want four
units? Yes, sir. There's three mailboxes currently. And how many air conditioning units are there?
and how many air conditioning units are there three yes sir three so the the this is a change
Three? Yes, sir. Three.
the fourth unit is a change so so when i bought the property there was four units um
so i i didn't do any changes the fourth unit is actually um efficiency
okay all right questions from the board
I'm sorry, where's this fourth unit that we're talking about here on the floor, please?
There's a two -bedroom on the first floor.
There's a two -bedroom and a studio on the second.
And then the last two -bedroom unit on the third.
Can you go back to where the efficiency unit is, please?
Thank you.
And a studio.
about this okay thank you sure other questions from the board
questions or comments from our attorney
uh same as for the last one there's no parking at this property is that correct
No off -street parking?
All right.
So this one was also missing refusal for off -street parking.
Thank you.
Questions or comments from the audience or the virtual audience?
I see no hands, Chair.
Planning Commission?
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change in zoning to the existing single -family residential RSA -3 zoning at this location.
the property has a history of legal three -family use as evidenced by a 1950 permit requesting the
property was already three -family and a 2019 zoning permit for three -family and a 2019 rental
license for the same number there is no evidence of the legality of the fourth unit nor are there
unique physical circumstances or conditions of the property that would prevent it from being used
with less than four units the planning commission recommends that the board deny the requested
variance for four -family household dwelling. Thank you. MI 2025, 000415832 Wynwood Road. I vote
yes with proviso. Maximum three units. Cheryl Gaston, my vote is yes with proviso.
Taya Nguyen, my vote is yes with proviso. Board Member Johns, we cannot hear you.
can you hear me now yes okay my vote is yes with proviso thank you thank you council thank you
we're going to go to number two mi 2024 007 539 5236 north broad street
counsel you've already been sworn
you've already been sworn just state your name for the record
alex goldberg a -l -e -x g -o -l -d b -e -r -g
Okay. So we're going to do an update from the RCO. We'll take public testimony, and then after public testimony, a response from you.
Sounds good.
Okay. Hillary, we do have a letter now from the RCO.
Yes, Mr. Chair. We have two letters. The coordinating RCO, Oakland Worcester, submitted a letter of opposition, and we also received a letter of opposition from a concerned community association.
Counsel, I believe you received copies of both of those.
I did.
Thank you.
Questions or comments from the audience or questions or comments from the virtual audience?
Chair, we have Charles Richardson.
Mr. Richardson.
Mr. Chair, again, Charles Richardson, Office of Councilwoman Cindy Bass, room 508 City Hall.
You've already been sworn, sir.
Yes, sir.
This meeting that took place had a good large number of individuals that did attend.
Unfortunately, we had set up an electronic voting apparatus that malfunctioned.
We had set up an electronic voting apparatus that malfunctioned, and unfortunately, only four people were able to vote.
I believe, if I was reading correctly from the RCO meeting summary, that there were about 17 people that were there.
Everyone was opposed.
And the councilwoman stands with the community with regard to that, that it's a bad location for what they're trying to do.
It doesn't seem to work.
Well, you know, they're trying to force it, shoehorn it into into that location.
And it really just does not work.
So therefore, the councilwoman is opposed and joins with the two RCOs and the community in opposing this change, change of use, the variance.
Thank you very much for your call.
Is there anyone else in the audience?
I see no hands, Chair.
And planning commission, you've already taken a position.
Excuse me.
Sorry, Chair.
Excuse me, Chair.
A hand went up as you started to speak.
Shayna Brown Marshall.
Did she testify already?
Shayna Brown Marshall, you're unmuted.
You're free to speak.
Good morning.
Hi, my name is Shayna Brown Marshall.
Last name M -A -R -S -H -A -L -L.
um i am a resident here yes sir all right do you swear or affirm to tell the truth the whole truth
nothing but the truth yes you this this is your first time testifying yes okay please proceed
um i am a resident here at a five two three two north broad street um and um i've been attend
in attendance at the RCO meetings and the last zoning board hearing before its continuance.
The community has been concerned and have been submitting complaints and concerns to,
you know, our council person's office, along with other entities. We were concerned with the
mass non -permitted work that had occurred during a one -and -a -half, two -year period,
non -permitted work, which included the HVAC system. There are listings for the property
for selling that did show air conditioners in the windows, and now there is a complete
you haul over of the system. Also, there's walls that have already been removed within the foyer
area to connect the two properties that are in question. It also presents a concern when it comes
to the emergency exits for those who are proposed in this use for second and third floor. There's
also, uh, safety concerns for those who are connected, uh, to the, uh, property or adjacent
to the property. Uh, we're a residential community. Um, there's been no, uh, zoning change or, or
variance in decades. Um, and we already do have this type of use in our area. Um, and so therefore
we were in opposition to this. Thank you very much.
I will note too that we have a letter that you signed too. Oh, thank you.
All right. Any questions for the person or just
anyone else in the virtual audience?
Thank you, by the way. Chair, we have Joan
Tyree.
Please unmute.
hello yes chair i muted them so yeah i know i think she has two units
and she declined to be promoted to panelists all right anyone else in the audience
i see no hands
council could you start your presentation sure um so a few things i want to touch on mr chairman
um mr richardson's correct the the letter that was issued by the coordinating rco
referenced four votes in opposition that letter said there were 12 people in attendance
i think it was probably somewhere in between i'm not sure what the sentiment was of the rest of
i'm not sure what the sentiment was of the rest of that virtual audience um there were a few
that virtual audience.
people that were you know vocal in that meeting um so i really don't know what the position of
the other people there were we do have a petition with 20 letters of support from very nearby
neighbors um so i do think that this project is supported to some extent the other thing that i
want to make clear that um i don't think that either rco letter or the testimony you just heard
addresses is the fact that this is a request for a special exception. We're not seeking
a hardship here, although I think we do have one of those as well, because this is a building
with over 9 ,000 square feet of gross floor area and has a history of unity of use where
the wall, we didn't connect any buildings. This has been long connected and was a home
for foster children before a long period of vacancy. And now we're trying to do a similar
use, a different stage of life, but kind of similar. There's 16 bedrooms here with four
ways in and out of the property. I don't think that this property could be used by right under
the RSA 3 zoning classification. A special exception is even less of a modification than
if we were asking for a variance here for something, for example, multifamily living,
which we are not. But again, this is a special exception. So I believe at the previous hearing
and at the community meeting, we established our burden that the proposed use of a personal care
home was going to be no more detrimental than what could reasonably be expected for that type
of use. My client, who will adopt my testimony, her name is Rashida Robinson. She owns a business.
This is not someone's first time doing one of these. Her business is called Care Nest Homes.
She operates a facility in the Germantown area, which she's essentially going to move here.
it's a better facility um and she you know she's licensed she has trained staff she treats these
people like her family they will be very well taken care of they're fed they have activities
there is an existing unlined parking lot in the rear the people who will be living here they do
not drive but that can be used for her van or any deliveries that need to happen or any family that
are visiting. We're not congesting the public street. We're not overcrowding the land. We're
not making any changes to the existing building structure. Again, this is massive, very large
building, 16 bedrooms. We're not impairing the adequate supply of light and air. No changes are
being made to the building. We're not burdening any utilities. We're not impairing the use of
adjoining properties because, again, we're not making changes to the existing building structure.
These are seniors that are living here.
By nature, they're quiet.
They don't cause a large disturbance.
They don't drive.
The building is staffed 24 hours a day.
They're given transportation to activities and family and doctor's appointments and things like that.
And we don't feel that, as you know, that there is a burden on the community to establish that this is going to be detrimental more than what could reasonably be expected.
That has not been met.
it's a professional operation that you know is going to provide an important service for up to
20 senior individuals and I'll also note that in addition to the planning commission going on the
record at the last hearing that they are requesting that this special exception be granted there is
at 5224 -26 which is five building structures down there is a unity of use personal care homes this
is not out of character um although that is not a you know a requirement when looking at a special
exception um but this makes sense here broad street is a major street obviously in the city
of philadelphia we're not you know doing a large personal care home in the middle of a quiet
residential street um with that i'd like to call my client what do you bring your client
on i have your testimony her name is rashida robinson
Rashida Robinson is coming back in as a
Panelist
Good morning, can you guys hear me?
Good morning, I can, could you please state your name
As spelled for the stenographer
Rashida Robinson, R -A -S -H -I -D -A -H
Last name Robinson, R -O -B -I -N -S -O -N
Do you swear or affirm that tell the truth, the whole truth, nothing but the truth?
I do. Please proceed counsel. Hi Rashida did you hear my testimony today? Yes I did. And was it true and correct? Yes it was. And you adopted as your own? Yes I do. And is there anything else that you'd like to share with the board regarding your business regarding why this location is a good fit for you or anything else in response to the comments that were made by the community member?
I mean, I'm passionate about Careness Homes, and I'm a reputable company. I can get recommendations from all the hospitals, all the universities, almost all of the nursing homes.
um i mean i'm passionate about care nice homes and
I've been in business for almost eight years with no nuisances or any type of complaints against my business.
I'm known down at PCA, the Philadelphia Corporation of Aging, for the support that I provide to the community.
My company provides something that a lot of businesses don't and it's support to seniors that cannot live alone.
This is a necessity, especially with our homeless rate in the city of Philadelphia.
I take care of these people like they're my own. And, you know, unfortunately, they're all waiting to move. They've been excited about this project. They've been looking to move into something that's nice, new and in a different location.
Um, and I mean, this is God's calling for me. I, um, it's unfortunate that the community is
against it. And I just wish that they would give me an opportunity to show what I am capable of
and what Careness is capable of. But I can tell you that this particular business homes holds
their own reputation. Um, I just hope and ask God that it gets approved because it's something that
IS NEEDED AND AGAIN MY RESIDENTS ARE REALLY TRULY WAITING FOR IT WITHOUT THIS THEY WILL BE DISPLACED
OKAY THANK YOU HILLARY WE 'VE ALREADY HAD COMMENTS FROM THE BOARD RIGHT AM I CORRECT
LAST HEARING UM I BELIEVE SO YEAH THERE WAS QUESTIONS FROM THE BOARD I JUST WANTED TO NOTE
though, that there was one additional hand
raised, Reynard Hughes
in the virtual audience. We do have
a letter from Mr. Hughes.
But if you'd like to hear from him
as well, it's up to you.
I think if we have a letter and we'll
file, I'm fine with the letter.
The letter is in opposition, just to clarify.
So, Council, we've had a lot of
testimony, a lot of correspondence
about this. We're going to vote on this
next Wednesday. We're going to review it
in the executive session, and
we'll vote at 9 .30 a .m.
Okay. Okay. Thank you very much for your presence. Thanks for your time. Yeah. Thanks. Thank you.
So MI 2024 006748 4283 Viola Street TA 63838. I have Meredith Verliger is the attorney for the owner and Steve Masters is the attorney for Viola Street residents.
Mr. Masters, why don't we start?
Could you please state your name and spell for the stenographer?
Good morning, Mr. Chair, members of the board,
Steve Masters, S -T -E -V -E, M -A -S -T -E -R -S,
with the law firm of JustLaws.
Right. Do you swear or affirm to tell the truth,
the whole truth and nothing but the truth?
Counselor Ferliger?
Good morning.
Good morning.
Could you please state your name and spell it for the stenographer?
Meredith Ferliger, F -E -R -L -E -G -E -R.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you.
So, for both counsel, here's the order of the hearing.
Remainder of Protestants' presentation.
and steve if i'm not mistaken you um submitted two names that are going to testify for you
yes i have one more name too there's three names there's three okay um then we're going to have
cross -examination by the applicant uh board and council questions public testimony and a
planning commission recommendation yes i do have a motion that i wanted to present first sure um
And then I also wanted to very briefly summarize the within a minute or two, the testimony that we have before just to give the board the context.
OK, a minute or two, you said.
OK, thank you.
Okay. So just on Sunday, we received some additional exhibits from the applicants that
were submitted very late. They were supposed to be submitted five days before, as is the
practice of the zoning board they were submitted two days before and in their uh in their revised
submissions they are um they are uh supposedly presenting a pro forma uh for the costing
supposedly presenting a pro forma uh for the costing of the project that they're doing there
is no uh designation as to who made this pro forma there is no signed or or sealed uh instruments of
it there was there is no um request to bring an expert in to provide the necessary data for the
pro forma, but we anticipate that the applicant's counsel is going to try to introduce that as a
rebuttal. Our motion to you today is to either exclude that testimony or that exhibit or provide
objectors the ability to... We have a costing expert that we work with from time to time.
we would like to provide our own rebuttal costing analysis as to why their costing
scenario is not valid. Those are the two outcomes that we think would be fair.
But the applicant's attorney responded to our motion by claiming that as far as she's concerned,
apparently, she can submit any exhibits at any time, even after the hearing, and that would be
fine. That is not the practice, as you know, of this board. And that for objectors, we are not
bound by the same five -day rule, but the applicant is, and this is the second resumption hearing,
this applicant could have provided a pro forma all the way back to, I believe the first hearing was
in uh january uh of this year okay thank you counsel yes mr chairman um i'll address i'll
address mr masters mischaracterizations uh in turn but but steve if you could go back up please to
uh keep going keep going okay stop thank you uh so first of all we did submit our exhibits our
exhibits were submitted timely on Thursday, as are required. Mr. Masters' motion here
cleverly misstates what the actual zoning board regulations say on this point. And I will read
directly from the zoning board regulations at 5 .2 .3, which says the appellant must submit
the following documentation at least five calendar days prior. And then there is a specified list of
documents that must be submitted. And as we submitted during the first hearing and the second
hearing, all of those documents were submitted. Furthermore, as this board knows, applicants are
given broad discretion to submit additional exhibits during the course of their presentation
that can be done during the hearing. And the board's rule has been that if there are additional
documents that are submitted during the hearing, that those documents are to be submitted to the
board within 24 hours after the hearing. We reserved on the record the right to have a
rebuttal witness, specifically Mr. German Yakubov. That right was reserved on the record. We have
not exercised that right yet because Mr. Masters has not concluded his portion of his protesting
case. We felt that it was common courtesy to send that additional exhibit in advance,
although there was certainly no requirement that we do so. We could have submitted that pro forma
with our rebuttal, and that pro forma could have then been submitted to the board within 24 hours
after that. And as the board will recall, Mr. Masters himself submitted his initial exhibits
two hours before the first hearing, which I did object to on the record. So in conclusion,
there is simply no basis to deny an applicant the right to a rebuttal, the right to present
additional evidence or testimony to rebut their case. And we fully intend to present a rebuttal
witness. And this pro forma will be used specifically for that purpose.
Mr. Chair, we don't disagree that the applicant has a right to rebuttal. What we disagree with
is that they don't have a right to sandbag the opposing counsel
and to present something within a few hours of the actual hearing.
So if you do decide to allow Mr. Yakubov to testify to a pro forma,
we would ask that you hold this case
and allow us to have our expert do a counter pro forma
to have our expert do a counter pro forma so that you can have the correct information
so that you can have the correct...
in front of you.
Right.
So I'm going to overrule your objection.
We're going to go on with the case today, and we'll get as much testimony in as we can,
and then we'll make an evaluation at the end of the day about how you would bring somebody
back in.
So why don't you start, and counsel, can you hear me?
I was okay?
All right.
Thank you.
Well, why don't you start and bring your first two or three witnesses on.
Yes, I just wanted to, as I said, give you one or two minute.
Yeah, the one or two minute little, the highlight film from our second.
You most certainly can.
Yes, okay.
So as the board will recall, although Mr. McAdams, I think you are, this is your first time hearing this case, and welcome to the board.
um we presented uh four witnesses at the last resumption hearing uh jean allen who has been
living on viola street uh since the 1950s i believe her family it's like five generations
of the family that have been there um sean solomon uh gave a very detailed uh testimony
around the historic preservation elements and his own uh specific contributions which were very
laudatory and strong
for preserving the historic nature
of the Centennial District.
Lauren Gomez,
whose family goes back to the 50s
and she's been living there for 30 years,
she talked specifically about the dangers
and the unfortunate occurrences
that have been happening with tenants
who move into that block
and who don't respect the quality,
the character of the block
and they put litter in the green spaces
and the flowers and the plants that they have there.
And then Mr. Cromer,
who was the head of the city's housing authority
and who has been a consultant
for the Viola Street Neighbors Association
and East Parkside,
and he gave testimony that was specifically
about a very modern conundrum,
which is the DoorDash and Uber Eats drivers
and showing that there would be
a significant amount of transportation blockages
and that would be a considerable problem here.
So I do want to just summarize
some of the critical building design issues
that have emerged so far from our our client's testimony that any new construction this is a
this is as we know is an empty lot at this point but it's literally right next door to
the beginning of the historic district the new construction must harmonize with single family
homes on each side of the project the new construction must keep the historical flavor
of the block the new construction's front doors should match the look and feel of front doors on
the street. Keep in mind that up until today, they were proposing zero front doors on that
building, only in the back or weird alleyway kind of exit and entrances. A big boxy building,
the testimony has been so far, is not compatible with the character of the block, and the new
facade should match the facades of the surrounding buildings. Now, we're going to see later,
or maybe at another hearing if we don't have time today, the applicant is now proposing a new
look to this building. I'm not going to preview it for you. You'll see it in good time. But I
will just tell you that to me, it looks like a casino. It looks like a brick casino, like the
Borgata or Caesars or something. And there is nothing on this block that would suggest that
was within the character of Little Viola Street to have a giant casino towering over a bunch of
other homes i'm going to now call uh our first witness for today which is joyce smith okay um
so joyce can you come up here could we sit at the other tables oh right okay yeah all right
i think it's okay good morning could you please state your name and spell for the stenographer
Yes. Joy Smith, J -O -Y -C -E -S -M -I -T -H.
Do you swear or affirm that tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Thank you. Please proceed, counsel.
Okay, thank you.
All right, Ms. Smith, I think you have an opening statement you wanted to make, and then I'll ask you some questions.
Okay. It's three pages, but big print on your site.
Okay. It's three pages, but big print. I'm very excited.
No, that's fine.
Okay, I want to thank you.
Please read your three pages.
Okay. Good morning, and thank you all for this opportunity to share the concerns of the Viola Street residents regarding this proposed project.
The project, as currently designed with an extraordinarily high density for our narrow block, one -side parking, would have a significant adverse impact on our quality of life, bringing overcrowding, excessive noise, increased traffic, and trash.
Also, it runs counter to Project Reclaim, our community -driven plan, and threatens to compromise the years of work we've invested into strengthening our block, our neighborhood, and our community.
East Parkside is a neighborhood of deep historic and cultural significance.
It's home to the 1876 World's Fair in the Centennial District, and as residents, we take deep pride in that legacy.
Over 17 years ago, a group of neighbors came together to form the Viola Street Residence Association.
We reunited around a mission of block preservation, beautification, and support for home ownership, and we got to work right away.
From that commitment, Project Reclaim was born, an initiative grounded in a shared vision for Viola.
In fact, Project Reclaim was recognized in Mayor Nutter's 2012 budget address for our grassroots leadership and community impact.
But our passion and boots on the ground work, it wasn't enough.
We needed a plan.
In 2012, we applied for and were granted or awarded a community design collaborative grant to develop a conceptual design plan for the 4200 block of Viola Street and adjacent blocks.
And I remember how excited we were.
We were going to document and legitimize our vision, the vision of the residents on Viola Street.
We spent almost a year meeting with residents, members of the wider community, the collaborative team.
We built an impressive task force that included city agencies, elected representatives, nearby cultural institutions and professionals and so on and so on.
And we continue to build on those relationships today.
Just a few examples of the work that has grown out of Project Reclaim.
We partnered with the City Planning Commission and former Councilwoman Janie Blackwell to rematch sections of our neighborhood to preserve the RSA -5 zoning.
We collaborated with Rebuilding Together to provide critical home repairs for long -time residents, and we continue to work with Rebuild.
We have a new project that we're working on with them. It's not the Block Build. It's another program.
We work with Habitat for Humanity to restore historic facades on Viola Street, preserving our architectural character on the north side of the block and also the height.
We revitalized the Viola Street Garden, a popular community space and one of the oldest public gardens in the city of Philadelphia.
And it's a source of fresh produce for our residents.
We planted trees, we cleaned the alleys, we did it all.
And we also have whole events and activities on our lots.
But I'm going to stop right there.
What's really important is time has not devalued our plan.
And this is not nostalgia.
On the contrary,
it represents years of our sweat equity equity and our volunteerism
cross -sector collaboration and resident empowerment our voice should be meaningful
in how our neighborhood and how our block is developed
just let me choose a few statements in my closing sure our award -winning
Community Plan, which is available on the City Planning Commission's website, and I just want to.
Our development principles emphasize improvements that respect the scale, the style and the history of existing homes.
New infill should serve as a catalyst for positive growth, not undermine the character we've been fighting to preserve.
So, East Parkside deserves thoughtful, community -led growth, and we, the invested residents that are here today, must be a part of what that looks like.
that are here today, must be a part of what that looks like, and we ask you to take that
into account when you make your decision. Thank you. Thank you. Steve?
Thank you, Ms. Smith. Let me first just ask you, do you have any specific titles and offices
that you hold in the neighborhood and in civic groups? Oh, yeah. I serve on the Vital Street
resident associations. I chair the community development board and I just stepped off a
transition off the Centennial Parkside CDC where I served since 2015. I'm showing now the board
part of the project Reclaim, which is a very extensive document. It's on, as you said,
What are we looking at here for this slide, Ms. Smith?
You're looking at the section of project reclaimed
and existing and proposed neighborhood zoning and how we change the zoning.
Is that?
And on the left side is existing zoning.
On the right side was the proposed zoning.
And what did the proposed zoning
here, it says that
did the proposed zoning remove the CMX2 from this area
and just put it into
only RSA5? Yes. So that was an
intentional part of the Project Reclaim mission?
Yes, and yes, the Violet Street Reset Association, yes.
Okay, I'm going to also
So go to page 105.
So this attachment is I think a summary of Project Reclaim that's in the document.
Yes, correct.
Correct. So this seems to mirror what you were talking about with Janie Blackwell and all the city agencies and everything. So as far as you understand, is the RSA 5 in Project Reclaim, is that still the position of the City of Philadelphia in the Planning Commission?
Okay. There are also, I think, some photos that you wanted to speak to. So, let's look at those.
This is exhibit seven in objectors exhibits. What about these properties did you want to bring to the attention of the board?
Mr. Chairman, I'm going to object to this testimony. These are not photographs of this property. The address would establish that.
Right. I understand your point, but we're going to allow it.
Okay, thank you.
Okay, that's 4204 and 4206 Parkside Avenue. This property has been vacant for, I don't know, over five, six years.
We did go to our RCO meeting about that.
We've also been complaining and lodging complaints with LNI and the Historical Commission and Preservation Alliance to assist us to keep from that building from being demolished.
It's a historical building on the Parkside, which is around the corner from Viola Street.
and we've been having conversations with the Historical Commission
about preserving that property that's owned by Haverford Square.
So when you say it's owned by Haverford Square,
is that Mr. German Yakubov,
the developer of the property that we hear today about?
Yes, correct.
And how long, if you know,
how long has Mr. Yakubov owned this property that's belated?
I can't state exactly,
but I've known it's been at least five or six years.
okay we're still thinking more these photos are still more of the same that's the rear the rear
of this blighted property yeah it's also um because we're very vigilant uh the block um and it butts
against file street we it's a dumping in the back of it because it's in such bad condition as a
dumping site but the residents uh we're really vigilant about dumping in that in that so the
community cleans up his or either we report ellen okay um then we have photos um from the the um
empty lots that we're here to talk about today what what about these photos did you want the
board to take notice of that is where the proposed project is um the b
That is where the proposed project is to be built, and that is the condition of it.
It's my understanding that residents have complained about the overgrowth of those and how it looks.
Are you talking about excessive amounts of weeds?
Is there dumping happening on this land also?
Because he has the gate up, the dumping is minimum, but it is an eyesore.
okay um is there anything further you wanted to testify to no okay thank you
counselor you have any questions i sure do um all right so i i want to kind of work in reverse here
so first in regards to 42 and 06 parkside avenue miss smith uh do you happen to recall the developer
bringing proposals to the community for those two particular lots uh maybe i don't know about five
years ago yes and do you recall what that request was he wanted to put eight units per building
and do you recall specifically why he wanted to put eight units i'm going to object that's
a cause for speculation if she knows if she recalls no i'm assuming it was for profit
more units more money i'll i'll have mr yakubov address that on rebuttal um uh steve if you
wouldn't mind if you can bring back up your exhibit that shows in project reclaim the
existing and proposed zoning map i don't recall which page specifically that was on
Ms. Smith, so can you, I guess, acknowledge the fact that prior to the project reclaim effort, that this block of Viola Street was zoned a mix of RM1 and CMX2, is that correct?
I believe so.
Okay. And when the rezoning effort was done, was any consideration given to the existing character and use of properties on this block of Viola Street?
I'm not sure what you mean.
Well, can you confirm your understanding of the fact that this block of Viola Street has a fair amount of multifamily structures already, and did at the time the rezoning occurred?
So then I guess my question was just the community elected to have this zoned single family, but seemingly that was not consistent with the use of existing properties on the block.
I'm going to object to this because the applicant's council numerous times before this board has made the exact opposite argument that she's making today.
She says that she believes that this board should not disregard whatever the zoning is, the historic zoning of a place,
and that if the planning commission has some position to change the zoning, that it should be immediately retroactively changed so that she could get a variance.
Right now, she's basically telling this board that everything that she's said over the years doesn't apply, and I think that that's not proper.
I'm not concerned with what she's trying to tell the board.
I'm concerned with your client there, if she can answer the question that she had.
If you can answer it, answer it.
If not, so, Hillary, Meredith, why don't you repeat your question for her?
My question is, if you recall, did the community take into account the fact that there is existing multifamily uses on this block when the community elected to rezone it to single family?
I'm going to object that this is a call. It's not a specific question because the community didn't rezone this or didn't map it. It's the planning commission.
Listen, I'm going to try to move this one. If you can answer that question, answer it. If not, that's, you don't know.
I would see the way you look that you don't know.
So what I would say is that the most we would have is three units per property, not 16 apartments.
um with all due respect that wasn't my question but i'll move on well i think we should move on
yeah that's that's fine um so miss smith you talk about uh in your testimony
yeah that's that's fine um so miss smith you talk about uh in your testimony that the community
voice that that it's your desire rightfully so that the community voice should be incorporated
into decisions for this neighborhood do you recall how many community meetings were held
specifically for this project at 4283 viola
yes we've been discussing this ever since the it was proposed but i i'm i'm talking
about an official community meeting. Do you recall how many official meetings were held?
We have discussed this numerous times at our community development board meetings,
which we meet three times a month. I'm talking about with the developer himself.
We tried to negotiate with the developer.
Okay, so I'll refresh your memory. So there was one community meeting that was held.
Do you happen to recall scheduling -
I'm objecting that this doesn't have to do
with direct examination.
This isn't cross -examination.
This is her own case trying to be made
and she doesn't have this person as a witness for her.
So I would say if you know how many times
you've met with the developer, that's fine.
No, we met with the developer.
We have not had a meeting with the developer.
We just negotiated with our counsel.
Okay, thank you.
That is, just for the record, that's not accurate. There was an official community meeting held, which the record would show.
Okay, thank you.
Ms. Smith, do you recall after that community meeting that the developer had agreed to schedule a smaller meeting with nearby residents? Do you happen to recall that?
that meeting was not agreed by with the planning committee the vsra planning committee
we did not agree to that meeting miss smith with all due respect that meeting was scheduled
and the developer showed up and do you happen to recall him reaching out to you to find out
why nobody else showed up to the meeting? Once again, that meeting was planned with one member
who did not advise the committee. And when Mr. Iacobo called me, and I think he called the other
person, we told him, or I told him, that that meeting was not supposed to be scheduled.
Aside from Viola, and again, in response to your testimony that the community would like to be
collaborative do you recall holding a meeting with mr yakubov to discuss the design of his
project his by right project on parkside avenue that is connected to this particular lot
i do recall that community meeting okay
do you happen to recall what particular design related issues were expressed
i'm objecting this has nothing to do with this property she's talking about a different property
at a different time why are we asking questions about that yeah um meredith want to explain what
what you're trying to get at with that so mr masters in his opening talks about predominantly
design related concerns in our rebuttal we are going to present uh updated renderings responsive
to those concerns. So where Ms. Smith is testifying that this developer is not working
in collaboration with the community, our rebuttal testimony is going to seek to specifically rebut
that. So that's where I was hoping to have her give her sense of what those concerns were.
I think when you do rebuttal, you can bring up what you want to bring up.
Fair enough. I have just a few more questions. In terms of Project Reclaim, if you know off
the top of your head, when was the report published? 2014. Okay, so just about 11 years ago.
you talked about in your testimony many of the suggestions that were seemingly focused on
renovation you talk about habitat for humanity and things of that nature
To your knowledge, have any of the have any of the recommendations for new construction, have any of those recommendations been put to action?
No, we don't have the money to do that, but we like to work with developers that would be more aligned with our plan and our mission.
be more aligned with our plan and our mission. So in terms of the project reclaim goals and
So in terms of
the things that have been put into action, those have predominantly been for existing housing
stock. Is that accurate? Preservation. Yes, generational wealth, preservation
to address abandonment.
And you may have alluded to this very briefly,
but do you have an opinion as to why
none of the new construction goals have been put to action?
Well, we're working with developers.
We have now a developer that we are working with
that we hope that we can eventually talk to him
about doing some of the development projects
outside of what we're working with him on right now.
We're working with him on a turnkey property.
Turnkey properties is going to be single family homes.
And so we are in discussion with him
about doing other projects in our neighborhood.
And he is more mission aligned.
But the Turn the Key program is a subsidized program.
Is that correct?
That's correct.
And we also are talking to him
about doing other development in our neighborhood.
But to your knowledge, based on the discussions you've had,
there are no active proposals for non -subsidized single -family homes?
Yes, but we're open to working with mission -aligned developers.
Thank you. That's all I have for Ms. Smith.
Thank you.
Thank you for your testimony. We appreciate you.
Okay, thank you.
Next witness, Steve.
Next witness is Neva Wyatt.
Good morning.
Good morning.
Hi, could you please state your name and spell for the stenographer?
Yes, Neva White, N -E -V -A -W -H -I -T -E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counselor.
Ms. White, can you tell the board where you live and what's the proximity to the project?
So I am the immediate neighbor at 4281.
This property has been in my family for over 60 years.
Much of what I want to say has already been said as it relates to overcrowding, trash management.
One of my major concerns with this property is the designs, particularly because it's detached.
And I'm not clear what's happening in the detached spaces.
Is that going to be an area for potential loitering, for dumping?
What is our safety as it relates to these areas that are detached?
I'm not sure of what kind of fencing is going to be placed there.
So this is really my concern.
Let me stop you there.
So when you're talking about the space between this new construction and your house,
what's the dimensions that we're talking about?
I'm not real sure on the exact dimensions, but in the design that we were shown, it was detached and it was unclear how those spaces were going to be managed.
So in what you saw, are we talking about something that would be like three or four people, people wide?
It potentially looked like a place where loitering could take place. And the design that we were shown looks like there would be a lot of through traffic that could even be coming from the Parkside area. I was really unclear as to how that area was going to be managed.
And I was also concerned that could potential dumping be in those areas when the dumpster is over, you know, overgrown.
If you're talking about 16 units, could potentially be 30 plus people or more, not to mention visitors.
You're talking about a major influx of individuals.
And we know trash and we know all of these things that come with that.
And that has not really been cleared.
If you talk about one dumpster, is it going to be empty once a week, twice a week?
We're not clear how these things are going to be managed.
Have you had an opportunity to talk to the developer or anybody on his team about these concerns?
Well, we've we had a brief discussion, but not to the depth that I that I would like to go into.
It was it was a major concern for me how these detached spaces would be handled.
And as you can see, the lots right now are severely overgrown.
We don't really know what's beyond those gates.
So, you know, I think as a good neighbor, just mowing those lawns would demonstrate, you know, an act of being a good neighbor. And that's critical. You have to be a good neighbor. You know, we've got people who've been living on this block for many, many years. We're a strong community. We're a strong bot. There's legacy here. People, we could have moved.
we're a strong community we're a strong bot there's legacy here people we could have moved
anywhere but we chose to stay on viola street all of these years because we believe in viola street
we believe in in the in this family we've created and we want to bring new people into that into
that harmony with all the things that are going on in this city right now we want to be able to
to live in harmony not bringing so many people into such a little space that's all we're saying
we're looking at our quality of life you know what is the quality of the life of the people
who have invested in this block this is not we're not fly by night people 60 years my family has
this building has this this home has been in my family for 60 years and I didn't want to see it
out of my home, out of my family. I wanted to preserve what my family's legacy was. And that's
why we chose to continue and purchase this property. And it really saddens me to see that
we could be, you know, our safety. We're talking about our safety. We're talking about our livelihood.
We don't know how many people this structure could include. And the block is already overcrowded.
You only have parking on one side. If you were to come down this block in the middle of the night, you would see cars all over the place parked illegally. Now, imagine that all of these new units, where are these people going to park? The children are on the block. There's safety for the children, even trying to cross the street.
We want to work with the developers being good neighbors. How can we all live together? How can
we all exist together in harmony? And everybody is a win -win for everybody. We're not saying we
don't want development, but 16 units in this small location, it's just too much.
Do you have a sense of what, of how many units you would feel comfortable with and feel safe
next door to you? I think it's only to be consistent. Right now, there's three apartments
per lot on this block. The consistency. That's even bringing nine new units. That's still a lot
of people, but at least it's consistent. You've got people here today who are concerned about
where they live. This is all we have. This is all we have. It's our legacy.
Thank you. Do you have anything more? Hold on. Hold on. That's all.
Council, do you have any questions? Just one question. Ms. White, so your testimony is
that you have some design -related and maybe site layout concerns, but that you are not
necessarily opposed to multifamily in this location? Not necessarily. Not necessarily.
If it's brought in a correct way, if the design makes sense,
it has to make sense. We can't have overcrowding. And we've expressed this to the developer. We've
expressed this several times. I have nothing further for Ms. White.
Thank you for your testimony. We appreciate you. Steve, next person.
Yeah. Last person I'm calling is the head of another RCO, the East Parkside RCO, Brian Harris.
Is he on the phone? He should be. Okay.
Do we see him in the virtual audience?
We're checking now, Chair. Here he is.
He's being promoted to panelists.
Hello.
Good morning.
Good morning.
Could you please state your name and spell for the stenographer?
Brian Harris.
B -R -Y -A -N -H -A -R -R -I -S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I certainly do.
Thank you.
Please proceed, Steve.
Mr. Harris, can you put your video on?
Is that possible?
My video on for me?
I just wanted the board to see you.
Can you see me?
I turned it on, but I don't think it's possible.
But I turned it on.
Can the staff promote him so that he could be a panelist?
Yes, he's promoted.
Oh, okay.
okay all right all right sorry about that all right uh mr harris um can you explain to the
to the board what your position is in this in the civic groups in your neighborhood
i'm the chairman of the east parkside resident association rco long time
parkside resident association rco long -time resident uh hope did that is that what you're
asking you see yes how long have you been a leader of the community there 35 years i've
lived in the community 35 years okay and in terms of leadership and your position has that been for
for a while uh yes uh six seven years
so you have some prepared remarks i think so why don't you start your prepared remarks and then
i'll ask you any questions that that uh that if you haven't covered certain things thank you so
good morning and thank uh the call thanks the uh thank you for allowing me to speak this morning
real quickly i just want to just highlight the point that what we're facing in east parkside is
a density crisis i live on parkside avenue and i've seen firsthand how this crisis is affecting
our daily lives, our safety, and the quality of our life is definitely in jeopardy. So it's really
changing the whole fabric of our community, all this density. Let me give you just one example.
Right next door, in one of Mr. Yacobo's existing apartment buildings, tenants recently had a
birthday party, not in their apartment, but on the sidewalk. Why? Because the units are so small,
they can't accommodate a simple gathering. What resulted was loud music, vulgar language,
and a complete disruption to the block.
Now, that's not an isolated incident,
but that's the result of overcrowding.
People are parking on sidewalks on Viola Street,
as everybody's mentioned.
Crime is increasing.
In fact, just last week, in broad daylight,
someone broke into my car while a neighbor watched helplessly.
There was even a fatal car accident last year.
These were all symptoms, I believe,
of the overdevelopment and lack of thoughtful planning
that's going on in our community.
But here's what's happening.
The developer has already torn down five residential homes to build 49 apartments at 4274 Parkside.
And then now he wants to demolish three more buildings so he can put 16 apartments into the tiny Viola Street, a street that previously housed just three families.
That would mean 65 families replacing eight or approximately 130 people if they're married and don't even have any children in a space that was built for a fraction of that.
So let's be clear. Small units can be livable if balanced and adequate infrastructure is included with an open space.
but that's not what's happening here. A healthy standard recommends at least 150 to 200 square
feet per person, yet we're seeing three people crammed into three and 400 square foot apartments,
so it's no surprise that these tenants are pushed out into the sidewalk to socialize.
And this isn't an isolated project. Just within 150 feet radius of the 4283 Viola Street property,
The developer has been approved for 83 apartments on the west side of Belmont, 21 apartments on the east side of Belmont, 12 artist studio apartments at Belmont Parkside, 49 now at this 4274 Parkside Avenue address, and now he wants 16 more on Viola Street.
That's 181 apartments in a three -year period with minimal community input.
The community has spoken.
At Belmont and Parkside, we voted 100 to 0 against this developer
and his desire to have 12 units at Belmont and Parkside.
Yet eight artist studios and four apartments were approved without proper process.
We are not anti -development.
We are asking for responsible development, development that honors the scale.
and beauty of our location. The centennial, the 1876 centennial happened right here in this
community. We want to preserve that legacy. We want the zoning board, we want Mr. Jacoboff,
we want to collectively work together so that this community can be safe, be livable, be beautiful,
and not be overcrowded. Thank you for allowing me to speak. I have no further questions. Council?
Thank you. Mr. Harris, just a couple of quick questions for you. You mentioned the development
at 4274 Parkside Avenue.
It's your understanding that that is a buy -write project, correct?
Correct.
Can I speak to that a little bit?
Because that buy -write project borrowed space from 4262 Parkside,
which means that it's not even really something the community had a chance to speak to.
So if I could ask...
Go ahead, I'm sorry.
So why don't you go to your next question?
Mr. Harris, since you did keep talking,
So you mentioned that the community did not have an opportunity to speak to it.
Right.
Were you present at the voluntary meeting that the developer had to discuss that buy -right project?
Were you present at the voluntary meeting that the developer had?
This is after the fact he got the right to do it. Yes, I was at that meeting.
You're talking your testimony about lack of open space.
Can you confirm that Fairmount Park is uniquely right across Parkside Avenue?
Yes, I can confirm that.
That's why we all moved there, because of the beauty and the open space of the park.
So now we're going to put 49 residents where eight families, where five families used to be.
So, yeah, you're right.
When those people come from Viola Street through to Parkside Avenue through this new space he's creating,
disturbing the privacy of the 49 residents that he's going to be putting there to get to that beautiful park,
we really have a difficult overcrowding density problem.
I think you would agree.
That's all I have for Mr. Harris.
Thank you very much.
Steve, is that your case?
Yes, that is our case.
With the caveat that we...
I understand.
We want to see where the next
or where murder goes, right?
Counsel, do you want to respond?
I would like to bring Mr. Yakubov
to specifically rebut testimony
that's been offered.
He's coming back in as a panelist. Thank you.
Good morning. Good morning. Could you please state your name and spell for the stenographer?
Sure. German Yakubov, G -E -R -M -A -N -Y -A -K -U -B -O -V. Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth? I do so swear and affirm. All right. Please proceed,
counsel. Thank you. German, I want to just start sort of backwards chronological order here with
a discrete issue that Ms. Smith raised. Ms. Smith showed photographs of 4204 through 06 Parkside
Avenue and its, you know, condition. Can you just briefly in a minute or two explain to the board
the situation with that property, those two properties? Yes. So we've owned 4204 and 06
Parkside Avenue for about nine years, I think since 2016. There was a fire there. We had
squatters there. We attempted to rehab the building and it's zoned as a single family.
Those two massive buildings collectively, I believe 10 or 11 ,000 square feet are zoned as
single family. We came to the zoning board seeking a use variance only. We weren't going to do
anything to the exterior of the building. We wanted to just put eight units in each one of
those buildings for collectively 16 units, because that's the only way that we were going to make the
project financially feasible. It is a historic structure. Each one of those bay windows is about
$15 ,000 per window. So the zoning board denied our request because the community did not want
16 units. The amount of units that were granted, I believe, were 10 or 12. And that just doesn't
make financial sense to build them that way, given the size of it. We did a building at 4262
Parkside, which is adjacent to Mr. Harris's property, that was seven units that we rehabbed
that also had a fire. And we were able to successfully rehabilitate that building because
it made economic sense to do so. We aren't in control of the economics. The banks look at our
proformas and they give us a loan based on those proformas. So the proformas just didn't work at
five or six units per building for those structures. So as a result, the building
remains in the condition that it did. We gutted the inside of the building so nobody would
um squat in it or find shelter in it um we've continued to clean up the areas in front and in
the back of it um when when people naturally dump stuff or litter stuff um there but as it stands
now the economics of that project do not work at six units per building okay switching gears a
little bit. You heard some concerns expressed by Ms. White about trash management and safety.
I believe we had you testify to this during our case in chief, but just very briefly, can you
again share with the board your trash management plan and your plan for safety of this Viola
Street? Sure. So the trash wouldn't have been next to Ms. White's home. It would have been on
So the trash wouldn't have been next to Ms. White's home.
It would have been on the opposite side of the building.
the opposite side of the bill.
And the trash would have been picked up five times a week, as we mentioned in our initial presentation.
So there's, you know, minimal to no opportunity for trash to accumulate as it's being picked up regularly by private pickup.
And we're totally fine with having that proviso that would mandate however many times a week the community feels that would benefit.
And we would adjust, you know, if we need to increase it, we'll increase it.
But that's, you know, we don't want our tenants to live around trash because, you know, I wouldn't want to do that either.
All right, Jeremy, you heard a lot of community testimony during the last resumption hearing and again today that talks about the design of the project.
did you seek to incorporate that feedback? Did you seek to incorporate feedback from that
testimony in any way? And while you're answering that, I'm going to bring up our exhibit packet.
Sure. So we've planned and we've testified in our initial presentation that this project is
kind of an extension of the project on Parkside Avenue. So the project on Parkside Avenue, as you
heard was a by right project. And we initially designed it with a much more modern design that
was more economically feasible. We met with the community, I believe, in November, they had
concerns about that design and how it did not. It was not sensitive to the historic character of
the neighborhood. We've attempted to, I believe, meet again, at least a half a dozen times. And
each time the the residents said they couldn't organize the meeting because people were on
vacation, it was the holidays, if it wasn't one thing or another. So we spoke with the neighbors
that we could have spoke with, Sean Solomon being one of them, who is reputable for his historic
preservation of his home and his devotion to the historic character of the neighborhood and
in history in general. And we've taken his insight, and I've shared many revisions of this
project, and he said it was quite common for buildings in Philadelphia to mimic the same
designs over and over, including the ones that are on Viola Street. If you take Viola Street
design as a whole, you'll see most of the buildings are repeated. The design is repeated
every third home. There's a bay, and that's what we attempted to do here. We created this
design for the Parkside Avenue facade, and then we redesigned the Viola Street facade to be more
welcoming, to have a front door, to, you know, to incorporate the comments and the suggestions
from, I believe, Mr. Cromer at the last meeting about his comment about the Uber drivers wouldn't
know to go to Parkside. So we said that that's fair. So we designed it to have that interaction
and and entrance from from Viola Street. So any feedback that we got, we attempted to incorporate
into the building. We've tried meeting with the neighbors several times over the course of the
last six, seven months, again, without any avail. I was stood up at the one meeting that that was
scheduled and we were notified, you know, and I don't want to reason I found out the meeting was
canceled because i showed up and the the lady at the church said i think they canceled the meeting
um but as you can see on this um on this design the the fences that that miss white talked about
that fence is about five foot wide and it's just an egress fence and the one on the left
uh is about eight feet wide and that's where the dumpster would be taken in and out of
um it is not adjoining her property um and there's a um i think a two -story structure there
that's next door it doesn't have any windows facing there the entry to that building is on
the far left of that um and like i said we would have the building um the trash secured with a
fence and the property secured with a fence so there wouldn't be any loitering there wouldn't be
any um uh unauthorized entry that way so again all of the all of the design features and critiques
and comments that we've heard we try to incorporate.
And the reason I was able to get a lot of them
was because people like Mr. Solomon
would pick up the phone when I called them
and he would give me his feedback.
From the last meeting, we spoke with Mr. Cromer,
who I haven't talked to about this project in the past.
We've incorporated his comments.
So I've attempted to have meetings
where we can have dialogue about these projects
where we can make incorporate community feedback and the only feedback that i've been able to
to to garner was one at public meetings like this um or with residents that would pick up their phone
or with residents that would pick up their phone.
Thank you.
thank you
German, you also heard testimony, or let me ask you this question.
Did you hear testimony during the last hearing and today alleging either that single family is desirable
or noting that multifamily is not objectionable but questioning the number of units proposed?
Did you hear that testimony?
I did.
And did you prepare an exhibit specifically in response to and to rebut that testimony that either single family is viable or that a lesser number of units is viable?
I did.
I'm going to object because he's referring to the pro formas, which I think is not proper to be introduced into evidence for a variety of reasons that we've already articulated to the board.
So we're going to allow that.
We'll have questions from the board relative to that, and then you'll have a chance to respond
on what you think you need to do to do that. Okay? Okay. All right. Thank you. Please proceed.
Thank you. Thank you. All right, German, I'm going to bring up Exhibit 21. German,
who prepared the document that is shown at Exhibit 21? I did.
And what makes you qualified to prepare a pro forma of this sort?
I've developed over a thousand units over the course of my 20 -year career as a real
estate developer in West Philadelphia, and we've exclusively developed in West Philadelphia.
And in your 20 -year experience as a developer, is preparing a pro forma of this sort something
that you would do as a matter of course?
Is that something standard that you would do?
Correct.
It's not only a matter of course.
it's typically a requirement to get any loan from a bank. Can you just take a, I'll have some
specific questions, but if you can just take a brief moment and explain to the board what it is
they're looking at here, and then I can ask you a couple of questions. Great. So just kind of tying
this back to the project reclaim presentation or packet that Mr. Masters submitted, there is a page
or two in there that talks about the estimated cost to build some of the single family homes that
the report suggests be built in there. And those are about 12 years old. And these numbers I kind
of took from there, even though they're probably increased a little bit. But even at those numbers
from 12 years ago. What this does is basically break out what a single family home would cost
to build and what it would be marketable at versus how much it would sell for. Then it goes
on to the two units if it was a duplex or triplex or quadplex. And really, it only starts to make
sense at about six units. The building or the three and a half properties that we currently
half. I say half because there was a lot, I'm sorry, an alley that's in between them that
because we were able to acquire all three properties, we're able to extinguish that
alley and make it a part of the property. So out of those three and a half lots, in theory,
if we were to build three individual houses or buildings, it would only make sense at six units
per building to build those. So we would be talking about 18 units. So we wanted to take
into the consideration the density that's required, that the density concerns the neighbors have,
and how can we do this work? So what we did was, if we take six times three, we're getting to 18.
So because this building is four stories tall, it's one building, we're able to use economies
of scale. So we'd have one set of utilities instead of three, we would have one set of
staircase instead of three. And, you know, all of those economic savings allowed us to reduce
the number of units to 16. And that's when that project started to make sense, right? So the only
variance here that we're asking for is the number of units. We were able to design the building that
would conform with every other element of the zoning code, including the height, which is at
38 feet, which is no taller than the building to the right that Ms. White is in. The building on
the left is a two -story building. And when we bought these lots, two of them were vacant lots.
One of them had a house on it that's been vacant for quite some time that we demolished. So now
we have that open space there. And just to kind of dovetail to what Ms. Smith said in her testimony
about traditionally having three units on the block.
three units on the block. We've rehabbed, I would say, two or three of those
We've rehabbed, I would say, two or three of those.
units and converted them into triplexes. And the only reason that those work is because the
building is already existing. There's already a set of utilities there. There is no cost of a
new foundation, a new facade, or any of those things. So the cost to rehab those buildings,
she's correct. It would make sense at three units per building. And that's what we would do.
In the case of a brand -new construction, there are additional costs that you have to bear that do not exist in a rehab.
So just to touch on a couple of specific figures that you have on this pro forma, where do you come to the construction cost at $215 per square foot?
Sure. That's typical standard construction costs in today's environment between the cost of lumber, electrical equipment, the cost of utilities being ran, et cetera.
And how about in your different scenarios here, one, two, and three bedroom? I assume that these are rental figures. Where did you derive these rental figures from which this pro forma is based?
Sure. So we put in market rate units that we typically are, that's the rent that we're currently getting roughly for the units that we currently have in the neighborhood. So it's anywhere from $1 ,400 to $1 ,600 for a two -bedroom apartment. And we don't have any three bedrooms, sorry, we don't have any three bedrooms in the neighborhood. So we just guesstimated what they would go for.
And the cap rate at 8%, cap rates can vary. So why is 8 % the right number to base this pro forma on?
Sure. So banks calculate cap rates based on risk, right? So a place like Old City or other parts of the city that have lower risk, the bank would be tolerant of a lower cap rate. A higher cap rate would be in more undeveloped areas where there's higher risk, right?
Right. So they'd want to get a higher return on that investment because the risk is just there's a lot of unknowns.
And in this neighborhood specifically, there is a huge unknown in that the new construction has only been limited to six unit buildings or greater.
There have been no buildings that were built as a new construction that are under six units in decades.
Yeah. During our case in chief many months ago, you presented evidence that you self -recorded
an affordable housing declaration on this property. Is that correct?
We did. Yeah. So one of the things that we're super sensitive to is the affordability
of our projects in the neighborhood. We utilize the low income housing bonus in a lot of the
projects as we did in the Parkside Avenue project. So out of those 49 units, six of them would be
deed restricted for 50 years. In this instance, because it's a single family house and it's not
eligible for that mixed income housing bonus, we already recorded a declaration, I think,
authorizing 20 % of the units, which is really 25. I think four out of the 16 units would be
deed restricted for, I believe, 40 or 50 years, you know, given that the zoning permit is approved.
So the minute the zoning permit is approved, that deed restriction is automatically activated.
And we wanted to be sensitive to that. So, and we wanted to be consistent with our mission
in providing affordable housing.
You know, we currently have about 300 units
across Mantua and Belmont and in Parkside.
I would think at least 90 % of them
have housing choice vouchered tenants in them.
We've been working with the Philadelphia Housing Authority
for at least 15 years in having tenants be,
in having our units be part of that program
and providing, you know, safe, affordable
and stable housing for a lot of those tenants. And to kind of touch back to Mr. Master's recap of
Ms. Gomez's testimony from last time when he said there's, you know, tenants have been
throwing trash and dumping. Ms. Gomez testified that none of those tenants were our tenants,
but they were other landlords' tenants. So we monitor and underwrite our tenants
in a way that is respectful to the neighbors, respectful to the community.
We don't always control their actions, but when it comes to our attention that they are
not being respectful of their neighbors or neighborhood, we take action as our lease
not being respectful of their neighbors or neighborhood, we take action.
provides and as the Section 8 lease provides as well. In light of the Affordable Housing
Declaration, if that is the Affordable Housing Declaration accounted for in this pro forma in
any way? It is. It's accounted for. It is accounted for. So if somebody wouldn't have
recorded that, these numbers would be skewed in the not favorable direction. So even at six units,
it would be tough to make on a market rate level. Got it. I think that my last question for you
is just sort of a broad one. You heard a variety of different testimony over the course of these
two hearings, some of which you've already addressed, impugning your reputation or management
of the properties. If you could address those comments or if there's anything directly related
to that or anything else that you want to just briefly address, please do so. For sure. Thank
you for that. Yeah, so we've been developing in West Philadelphia since 2008. We've been in
Parkside, I believe, since 2014 or 15. The Viola Street neighbors have supported our projects in
the past um and you know at some point they stopped um while other neighborhoods have
continued supporting our projects we've um we've always tried to be a good neighbor and we think
we are good neighbors um on belmont avenue we pay a local group to sweep the street on belmont
avenue um which is around the corner in front of that um large development that that mr harris
brought up and in front of the 21 unit that's across the street from it. We sweep our streets
in front of our properties up and down the block. We take pride in our ownership. If there are any
concerns, all the neighbors have my direct cell phone number. I give it at every RCO meeting.
Ms. Smith, Mr. Harris, Ms. Gomez, anybody in the neighborhood has my phone number and they've
use, that they've called me, they've complained, whether it's, you know, we've started construction
too early, whether, you know, whatever the case might be, I'm always available to hear
people's concerns and address them where I can.
Thank you.
That's all I have.
And that would be the case here as well, you know.
Mr. Masters.
I wanted to share the screen.
Sure. No problem.
Good morning, Chairman. Morning, Mr. Masters.
One of the last things you you testify to is that you are always trying to be a good neighbor.
That's correct. Let's look at the at this email that you sent to
Ms. Smith, Mr. Harris, and Ms. Gomez.
Correct.
Copied with, I believe, was your former lawyer, maybe?
And this is talking about the 4204 -06 Parkside Avenue property?
Correct.
I'll just read it to you.
As you know, we placed an application in for variance for an eight -unit building in each parcel, a total of 16 units.
This is the big letters minimum we need to make this project work.
If the variance is denied or even approved at six units each, we will not proceed with the project.
We will board up the property and wait until the rents catch up to a point where it would make sense to rehab this property.
We are eager to rehab this property and bring it back into use, and we would be able to, without a variance, if it was zoned RM1, as are many of the identical homes on the block are.
However, at this time, the project does not make financial sense at the six units that it was last used as.
This is the property that we showed the photos of earlier, correct?
That's correct. And I've been consistent in my testimony over the last five years that I've been trying to develop that.
I mean, you can I know you're going to try to make it.
Why don't we do this? Just answer his question.
OK, right. If it's yes, that's that's the property we just looked at the photos.
That's correct.
And it currently has a hole in a window and the roof is leaking significantly. Is that correct?
Yes, that's correct. The roof is leaking significantly, but there is a hole in the window.
There's a hole in the roof and you're not fixing it.
Correct. Do you have any plans to fix the hole in the roof?
Yes. Do you have a plan that's a contemporary plan, not something in five years from now?
Do you have a plan that's a contemporary plan, not something in five?
Yes. What's your plan? We're going to board up the building until we can get any variance that
would allow an eight unit building in each of those properties to do. You did board up the
building, Mr. Yeah. At the front level. Yeah, but we'll secure the windows in the second and third
floor. Now you're going to clean and seal it basically? That's correct. How is that helping
the neighborhood well what's that doing to the property values what would help the what would
help the neighborhood is having a fully rehabbed building and i've attempted many times over to
to present that so mr yakubov you understand what blight is right of course i do okay why would you
intentionally continue to to perpetuate blight in a building that you don't want to that you
that you don't want to develop under the terms that the community is willing to why don't you
just sell this building let somebody else develop it so there's no more blight you have somebody
that's going to be able to develop it at the sales price that that would dictate a market
well now you're going to you're going to charge a lot of money for a blighted building so that
i don't understand how that's not well i didn't see a lot of money i said what the market would
dictate i mean you're asking somebody to uh to to take on the risk of developing a single family
zoned building right um that they cannot develop just like i have not been able to develop um
so what will somebody do that i can't do right so i guess i guess we want to find out but we're
not able to find out because you haven't put it up for sale uh let me go on you could find out
nobody has developed anything why don't we let me go on why don't we move on okay um you testified
that you created the proforma? That's correct. Okay. And you are the developer of this project?
That's correct. And if you created a proforma that said that it didn't justify 16 units,
you would be destroying your own ability to get a variance. Is that correct?
I think the evidence speaks for itself. Nobody else has developed any building in the neighborhood
that's less than six units. What I'm saying to you, Mr. Yakubov, is that you're completely
conflicted in doing a pro forma to try to prove that you have hardship in a zoning case you're
you're saying that like you are the expert to to demonstrate to the zoning board that you should
you should get a variance how is that possibly legit well i think that i've demonstrated in
many ways that i'm entitled to a variance not just a pro forma sake i think the fact that there has
been zero development in this neighborhood what for a single family house why don't we why don't
go back and answer the question about the pro format yeah i don't think i have a conflict of
interest you don't think you have a conflict of interest absolutely not i think the numbers
speak yourself if you put if you would put down nine units i'm sorry would you put them upset
with yourself if you would have said nine units instead of 16. i wouldn't be upset with it i would
i would i would the numbers speak for themselves i look facts and if the numbers worked at nine
I want to show you page, let's see where I write it down here.
Your testimony was that looking at the project reclaimed that there was no new construction
that was considered in that project.
it was all rehab it was all renovating um existing structures that's not what i said
what do you know that they that they do they do have in project reclaim they do have a section
that talks about the viability of new construction in the in the neighborhood that's consistent with
the zoning that they're that they're that they're looking at and in 12 years none of that has come
to fruition um we're looking at um this is considered page 69 um in the project reclaim
uh materials and uh
the planning commission and the other and the other uh architects of this plan um contemplated
of a contemplated new construction of a scale that was appropriate for the neighborhood
okay you said in your testimony that you that you that there is no possibility of doing
new construction that's appropriate scale for the neighborhood
i said what they proposed and what the what the economics are are in conflict and it's not my
testimony alone. It's the fact that no developer, nobody that wants to make any money has decided
testimony alone it's the fact that no developer nobody that that wants to make
to build a single family house in a decade and a half since this has been produced. So this might
make great, you know, might make a great report, and it might be wishful thinking, but it doesn't
put things in practice. I'm not the only one that's developing in that neighborhood. If somebody
thought they could make money on a single family house development, they would have done it,
you know as soon as possible just like they have done in other neighborhoods nearby whether it's
in mantua whether it's in belmont whether it's in other uh are you are you familiar with um
turn the key program turn the key is a subsidized program of course if the government
doesn't throw free a free hundred thousand dollars i'd be more happy to answer the question
are you familiar with i am i am and is it your testimony that turn the key would not be
appropriate on this block? Of course it would be. It would be appropriate, correct? Of course.
If somebody else is paying for it, of course. I have no further questions.
Free land and $75 ,000 to somebody. I have no further questions.
Counsel, do you have anything further? German, you're about to start before you got cut off,
but what's your understanding of what the Turn the Key program provides to developers in order
to develop single -family homes?
Turn to Key program is a competitive bid process
that would allow for city -owned property,
not private -owned property,
but city -owned property to be transferred
for $1 effectively to the applicant
and for them to build a home.
So it takes away all the acquisition costs of land.
And not only that, they give the buyer
a $75 ,000 down payment assistance
coupled with other programs that exist
the purchaser is getting a free $100 ,000 in assistance in order to buy that house.
With those numbers, of course, more than happy to make that work. Absolutely. But that's only
available for city -owned land, and it's available to a certain number of lucky individuals within
the city. And would you be willing to take advantage of that program if that opportunity
was provided absolutely and i've requested that um many times including to a several emails to
mr masters and to the community there is a ton of vacant land that's owned by the city in the
neighborhood within a half a block from here or a block from here that i would be willing to build
single -family homes with with those um conditions that's all i have thank you i've redirected mr
you understand that it's not appropriate for a developer that creates blight and perpetuates
blight in a community to get city -owned land for free does that make sense to you
i would say the blight isn't caused by me it's perpetuated by you so anytime anytime that you're
anytime that you are intentionally perpetuating blade why would the city give you land
i think you need to clean up your act and then you can get city land is is my understanding
in so the blight is a cause of your clients inability to support a project that would
make economic sense it's a self -inflicted blight not mine okay all right um okay that's it all right
steve um what what's your next steps so my my request mr chair um is to have some time we i
have an expert, a costing expert that I've worked with on on other cases before the board. I would
like to to to, you know, secure his services and to get a report that he would be that he would
author. And I believe that we would have to have him testify to that also. So it would be a
resumption hearing just for that purpose. Meredith. With all due respect, Mr. Chairman,
That report will be strictly speculative. As Mr. Yakubov testified, he prepared these figures himself based on the specific details applicable to both this project as well as his experience in this area.
And to the extent that Mr. Masters would like to retain an outside cost expert, they're not going to be privy to information specific to this project. And I would question the effectiveness of that testimony that would, in our position, be entirely speculative.
well mr chair so apparently my opposing counsel hasn't hired an expert to do costing this is what
they do so this guy this guy gets called into to um to developments all the time and he does
costing um so he is it's not going to be speculative he's actually way more qualified
um so he is it's not going to be speculative he's actually way more qualified than somebody who's
trying to do something for his own project listen to me we're going to agree that if we do have a
receptive hearing it will be only for that testimony and with what's a chance to cross
examine is that right counsel if if the board is going to allow it then yes i would i would agree
with those conditions so we're at a point where um uh the appellant testified it's his pro forma
um i i believe that mr masters uh indicated over and over again that uh it's his just his word and
that's it's kind of a conflict to have your own so it's not like expert witness right right what
mr masters would like to do is to have a um i guess one more hearing when we say to say that
where he will bring in a person who will testify to their opinion of what the pro forma is
council will have a chance to question that so i mean we can we can i was also gonna say we
haven't had public testimony yet much of recommendation of the planning commission
So I don't know if you were still trying to get that in today or you'd put that to the next tier.
I will take public testimony, but everything else is closed other than this.
Do you agree?
Yes, we can do that.
Is there comments from the audience or the virtual audience?
Chair, we...
I'm sorry.
We have Mark Harris.
Mark Harris.
he's been promoted to panel
good morning Mr. Harris
Mr. Harris please unmute you're free to speak
Mr. Harris?
There's no response, Chair. Do you want me to go to the next person?
Please go to the next person. How many hands do you have?
Just one left.
Okay. Go to the next person, please.
It's Clarissa Cruz. She's being promoted to a panelist right now.
Thank you very much.
Good morning.
Good morning.
Hi. Could you please state your name and spell for the stenographer?
My name is Clarita Cruz. It's C -L -A -R -I -T -Z -A, Cruz, C -R -U -Z.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Ms. Cruz, are you a neighbor?
Yes, I am an eight -year tenant on 42nd.
Ms. Cruz, as over several hearings, we've had numerous testimony relative to this case.
Are you in favor of this case or against it?
I'm against it.
All right. Is there anything you could offer that hasn't already been said?
I just would like to affirm.
I also serve as president of Centennial Parkside Community Development Corporation.
Thank you.
But I was at the meeting concerning the property on 4204 -06.
And which I think what is my unique testimony is because there was a lot of testimony by the developer and, you know, rebuttals stating that he had acted in good faith throughout this process.
And I would like to speak to the fact that or just highlight to the committee with brevity, of course, that according to the developer's own testimony, his blighted properties have suffered fires and dumping.
And it wasn't until after the fire that he did any kind of rehab.
The property 4204 -06, the back of that property empties out right into my front door.
So I look at that blighted property for the eight years that I've lived here.
And one thing that he has done is he kept his promise that if we didn't give him the 16 units, that he would keep it boarded up.
And it's been five years and he has done so.
So we have negotiated in good faith, even, again, with the developer's own testimony that we offer 12 units.
We always try to negotiate with developers.
Also, behind me on Memorial Drive, Butcher Singh up against Parkside and Viola, is a new construction unit with a couple of units in there.
But it's not like, you know, 16 units or eight units where there was only one.
you know, 16 units or eight units where there was only one single family. I think that if Mr.
Yakubov came in good faith, then we would, you know, support his efforts, but that has not
happened. All right. Thank you very much. Next witness. Hi, could you please state your name
and spell for this now? Can do. Travian, Ambrose, T -R -E -V -I -A -N, Ambrose, A -M -B -R -O -I -S -E.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Council member's office.
For you, neighbor.
The council member's office.
Okay, please proceed.
Will do.
Good morning, Chair.
Good morning, Board members.
My name again is Travion Embrose.
I'm here on behalf of Council Member Gaudier, who represents Philadelphia's 3rd District.
I want to state clearly that council member stands with East Parkside and strongly opposes the variance request for 4283 Viola Street.
This 16 -unit proposal is simply too much for Viola.
It's a narrow block, and residents have expressed serious and valid concerns
about how this development would train the street, parking, and overall quality of life.
What's more, this project doesn't reflect the neighbourhood's plans or context.
While some multifamily variances have been granted nearby,
those developments were more modest and better aligned with the surrounding built environment.
That's not the case here.
Allowing the scale of development at 4283 Viola would also set a concerning precedent.
It signals that large -scale, mid -density projects are appropriate for narrow residential streets, regardless of context, capacity, or community input.
That's a message office certainly cannot support.
We've heard from residents who have been proactive, even suggesting alternative approaches that could ease the impact.
but despite those efforts the proposal hasn't much changed the community has been clear they
support responsible development not unchecked intensity this project does not meet that
standard for these reasons on behalf of councilmember gaudy i respectfully urge the board
to deny this variance requested thank you very much for coming in we appreciate your testimony
um next person
good morning good afternoon everyone it's almost your afternoon you're right i keep saying morning
steve is late could you please state your name is spelled for the stenographer my name is sandy
Carter, and
that's spelled S -A -N -D -Y
C -A -R -T -E -R.
Do you swear or affirm to tell
the truth, the whole truth, and nothing but the truth?
I do. Ms. Carter, your neighbor.
Yes. Are you in favor
of this project or against? Opposed.
Admittedly. Oh, thanks
very much for coming
in. We appreciate it. Next person, please.
good afternoon sir good afternoon could you please state your name and spell for the
stenographer james brame james j -a -m -e -s brame b -r -a -m -e right do you swear or affirm to tell
the truth the whole truth nothing but the truth yes sir are you a neighbor yes are you in favor
of this project or against uh against thank you very much for taking the time to come in here we
appreciate it um do you have something to testify yeah sure is it something different than what
we've heard? A little bit. So this proposed project is on Biola Street. It butts in the rear
with the project on Parkside Avenue using my right. 48 units were allowed are allowed to put
there. Yes. It's really by the developer, I would say by looking at I've been involved in real
estate a little bit. It's really like one project. So the performer really could be looked at as one
contiguous building so it's not necessarily as bad as they're trying to present so it's one
contiguous project if you lessen the amount of units that the community is willing to accept
and do those figures within that big project right you probably can show that it's really not
as uh putting them in as bad a situation as they would want you to believe thank you so much for
coming in we do appreciate you spending all the time here next witness please excuse me chair
we have uh virtual witnesses that would like to speak how many do you have i have one i have two
but i have actually three but two of the two of those people have the same username so i'm not
sure if they're different people okay why don't we take them first go ahead all right i'm gonna put
I'm going to put on Jean Allen.
on Gene Allen.
Please unmute.
That's her.
Could you please state your name and spell for the stenographer?
Michelle Allen.
M -I -C -H -E -L -L -E.
Allen, A -L -L -E -N.
Do you swear or affirm to tell the truth, the whole truth?
Nothing but the truth.
Are you a neighbor?
Are you in favor of this project or against?
Strongly against.
Thank you very much for your testimony.
We appreciate it.
Next hand, please.
Chair, we have Evisa Gallman.
Good afternoon.
Good afternoon.
Could you please state your name and spell for the stenographer?
My name is Evisa Gallman. That is E -V -I -S -A -G -A -L -L -M -A -N.
Right. Do you swear or affirm to tell the truth, the whole truth? Nothing but the truth.
Please proceed. Are you a neighbor? Am I correct?
Yes, I am.
Are you in favor of this project or against them?
I'm adamantly opposed.
Thank you very much for calling in. We appreciate your comments. Next, Anne.
Chair, it's another user
by the name of Gene Allen
I think we've already had comments from that
I understand
Alright, who's next?
Okay, that's the last three, Gene Allen
I'll just allow them to speak and you can go from there
All right. Thank you. No problem.
Gene Allen, you're free to speak.
Hi, could you please state your name and spell for the stenographer?
Hi, my name is Morgan Allen.
Hi, could you spell it for the stenographer?
M -O -R -G -A -N -A -L -L -E -N.
Right.
Do you swear or affirm to tell the truth, the whole truth, or nothing but the truth?
And I know you're a neighbor.
Are you in favor of this practice or against?
I'm against it.
Thank you very much for taking the time to calls.
You're welcome.
Any other hands?
Jean Allen, please.
You're allowed to talk.
How many more hands do we have with the Allen?
Just to cheer.
I'm sorry.
Okay, thank you. Please state your name and spell for the stenographer.
Hello?
Hello?
Hi, could you please state your name and spell for the stenographer?
Ron Allen.
Okay, spell your name, please.
R -O -N, last name A -L -L -E -N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I know you're a neighbor. Are you for or against this project?
I adamantly oppose this project.
And yes, I am a neighbor.
Thank you very much for taking the time to call.
Any other hands?
Last but not least, you're here. This is the last hand. Gene out.
Okay. Could you please state your name and spell for the stenographer?
please unmute yourself username gene allen you're free to speak
there's no response chair okay thank you sir
good morning could you please state your name and spell for a stenographer yes my name is randy
Smith. R -A -M -D -Y
S -A -M -I -T -H
Right. Do you swear or
affirm that tell the truth, told the truth, nothing but
the truth? Yes, I do. Your neighbor?
Yes. Are you for
or against this project? I'm against the
project. All right. Thank you very much for coming.
But I also want to say that
the new diagrams
for the existing project
is still out of line with the
historical side of our street.
Thank you.
Ma 'am?
good morning good morning state your name and spell for the sonographer my name is mary gordy m -a -r -y
My name is Mary Gordy, M -A -R -Y -G -O -R -D -Y.
g -o -r -d
All right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Are you for or against the project?
I'm against it.
I've been there since 1970.
And I oppose it.
And I would have to come out my door and look at that.
All right.
And it won't.
it'll take
away from that
whole neighborhood.
Thank you very much for taking the time
and expressing yourself.
Hillary, do we want
planning to take, and remember,
we've never, the board, what I'm going to
do is when they come back, if the board has questions,
we'll do the board then.
I believe that planning would like to
defer. Sure. Thank you.
All right, Chair, we're holding our testimony until the resumption.
All right.
Lakeisha.
So let's clear.
this case is closed
except for Steve's
witness and then
questioning by
counsel Furlicker
okay so everything else is closed
so Steve
the date is going to be
9 -16 -25
at 930. But Steve,
we want to know when will your expert submit a
review? Do you want it to be a certain
number of days before the hearing? Well, I think it would be.
And that way there's no arguments when we come in here the next time and next time will be the last
hearing. All right. We can do it five days before the hearing. Five days before the
hearing. Okay. And Mr. Masters, I believe there were
some some photos like and some other things i think portions of the reclaim report that i
don't recall seeing in exhibits that were submitted so if there was anything um and i
and miss ferlinger i don't recall if there was anything additional that that you showed today but
please by close of business tomorrow have anything that you wish to include in the record that was
not previously submitted to the board submitted we um uh board council we did submit um our new
exhibits um last uh on july 10th i believe but then there was some issues with them being readable
so then we did we did file um new versions of them a few days ago and an opposing council has
them too so i think i think you have everything okay because there was just some photos that
that i did not recall seeing in the reclaim from the re and sections of the reclaim report so
all right well but just did well i can double check you can spend them in again just to be
for but yeah if there's going to be litigation i guess that could be complicated to figure out
what the record is yes thank you all right and miss emerson everything that i showed was already
submitted to this board okay thank you all right thank you to both council and thank you to the
audience you everybody spent a long time here today and we appreciate your input thank you all
thank you thank you have a good day