civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

being multiple principal buildings on the lot require board review, as do multifamily dwellings in the RSD1 district require board review.

Similar wording

The existing buildings consist of the mansion and the carriage house.

Similar wording

The estate was last used as a single family residence during the Second World War.

Similar wording

The estate was last used as a single-family residence during the Second World War.

Similar wording

Maintaining the carriage house as an accessory building today is simply no longer viable.

Similar wording

And the fact that this property has sat in the state that it has for so long speaks to that.

Similar wording

The minimum variance to afford relief would recognize that preserving a legacy structure and repurposing it for principal residential use,

Similar wording

in the case of the carriage house, meets the scope and spirit of the zoning code as a whole.

Similar wording

Similar applies to the mansion, of course. The RSD1 district specifically, but also to other

Similar wording

provisions in the zoning code that encourage adaptive reuse of historic structures. Although

Similar wording

this is not designated on the Philadelphia Historical Commission's list, it's been quite

Similar wording

clear that all who have spoken in support or opposed recognize the importance of history

Similar wording

in these structures. Taking an RSD-1 property from commercial, the last approved use, to

Similar wording

residential is in keeping with the intent of the code. The preservation and adaptive reuse of two

Similar wording

historic structures and a historic landscape within a residential context is of benefit to

Similar wording

the public. Preserving a significant private but publicly visible open space is a benefit to the

Similar wording

public. Furthermore, adding residents for both vitality and providing for the ongoing

Similar wording

responsible maintenance of the estate cannot be underestimated. We need a viable plan in place

Similar wording

for the future the second refusal and i've highlighted the refusals that remain after

Similar wording

the revision of the plan so the second refusal concerns steep slopes which is very common

Similar wording

throughout chestnut hill and other areas of the city the site is challenged by its topography

Similar wording

in very limited instances i've shown on the screen before you in um shall we call that a

Similar wording

peach color or a red color. In very limited instances, the slope of the land is greater

Similar wording

than 25% and earth moving activity has been proposed in these limited instances which require

Similar wording

board review for the greater purpose of revitalizing this property. These areas of

Similar wording

disturbance are extremely limited. Balancing the viable reuse of a challenge site with the

Similar wording

minimum disturbance necessary to permit benefits such as allowing for a landscaped meadow and

Similar wording

reasonable complementary development has been recognized by this board previously.

Similar wording

The proposed restoration of a landscape in decline with meadow, mature trees, and plantings

Similar wording

is of benefit.

Similar wording

And a huge improvement at this site is adding stormwater management on a parcel that is

Similar wording

adjacent to the Wissahickon and currently has completely uncontrolled stormwater management,

Similar wording

which was not even something that was discussed at the time, of course, that the property

Similar wording

was originally built. Going back to the refusals, the third refusal concerns tree replacement.

Similar wording

This has been satisfied and is stricken. It no longer is part of the plan. The fourth refusal

Similar wording

here is for failure originally to meet minimum rear yard dimensions. This has been satisfied

Similar wording

through redesign as shared with the community and is stricken. And the remaining refusal that I have

Similar wording

not addressed always was intended to be addressed and it has. It's been satisfied concerning

Similar wording

provision of on-site ADA parking this has been satisfied and is has been

Similar wording

stricken prior to thank you members the board for bearing with me I do hope to

Similar wording

wrap this up shortly I just have a little bit more to to share prior to

Similar wording

Thanksgiving of last year a small group began to go door-to-door in an effort to

Similar wording

block this project petitions and letters were signed in some cases even before

Similar wording

the initial presentations were made by Levy and the development and design team. The language

Similar wording

contained in several of the submissions appears to conflate easement and zoning issues. Furthermore,

Similar wording

most of these documents predate the many iterations of Evolve plans that took into consideration

Similar wording

as much community input as possible. This is regrettable. What is more regrettable is that

Similar wording

that several community members have expressed concern

Similar wording

about voicing their support due to backlash,

Similar wording

as noted by the coordinating RCO, for example,

Similar wording

as noted by the Coordinating RCO, for example, in recent Chestnut Hill local press.

Similar wording

in recent Chestnut House.

Similar wording

I've brought up on the screen the Coordinating RCO's letter of support,

Similar wording

which is very thoughtful and extensive, dated March 22nd.

Similar wording

It notes that there were several meetings.

Similar wording

It notes that committees of CHCA requested several modifications,

Similar wording

which resulted in changes involving reduced square footage of new construction by nearly 18 percent,

Similar wording

omitting the multifamily use in the new construction, adding more parking well beyond what's required,

Similar wording

removing the pull house structure, which I mentioned when I showed you the conceptual renderings,

Similar wording

A commitment to full replacement of removed trees through a combination of on- and off-site

Similar wording

means, emitting the rear porches that touched into the rear setback.

Similar wording

And both of the committees leading to the full board of the CHCA voted to support.

Similar wording

I won't read the provisos which speak for themselves.

Similar wording

And there are the provisos and the attached agreement to which we certainly agree and have signed.

Similar wording

I mentioned that Chestnut Hill Civic Association issued a statement in the Chestnut Hill Local, which has covered a great deal of press regarding this matter, which is so emotional in the community for understandable reasons.

Similar wording

And the statement mentions, in relevant part, the uniqueness of Greylock, that it was converted from a private residence so many years ago, that the series of owners over the years has resulted in some degradation of the property.

Similar wording

And unfortunately, it's been, in the words of this statement, a trapped and deteriorating.

Similar wording

The CHCA goes on to recognize the difficulties of construction as an inconvenience,

Similar wording

but notedly notes that the neighboring property of Creffield School is a nonconforming property.

Similar wording

It's RSD-1 and actually is an exception to the single-family residents.

Similar wording

Of concern is what I mentioned, that the voices of protest, as CHCA notes in the statement,

Similar wording

were much stronger than those of support.

Similar wording

And it notes that there were those who were not comfortable speaking up, unfortunately.

Similar wording

I'd like to move to the next letter of support from the Chestnut Hill Business District,

Similar wording

which supports this proposal. And the following letter from the neighbors at 203 West Chestnut Hill Avenue who are directly adjacent notes that they have lived at this residence for 17 years, have been eyewitness to the disrepair and disregard over the years.

Similar wording

They view this proposal as a solution and support the next door use that has been proposed.

Similar wording

There are numerous other letters of support that are in the record.

Similar wording

And I know that there are some neighbors who will certainly wish to speak and support at

Similar wording

the appropriate time.

Similar wording

time, there are petitions as well. I'd like to, in terms of exhibits at this time, end

Similar wording

with sharing the December 16, 2022 Chestnut Hill Conservancy correspondence to Mr. Schenkman,

Similar wording

which offered conceptual approval, as I've highlighted, of the proposed development plans

Similar wording

presented going back even further than the CHCA community meetings that I've mentioned.

Similar wording

Why Chestnut Hill Conservancy? Because they have an interest in the easement. And I would also,

Similar wording

out of respect for the Chestnut Hill Conservancy, also be remiss if I did not note that there are

Similar wording

more recent letters that they are not participating officially in the zoning process on the advice

Similar wording

of counsel, and their letters speak for themselves.

Similar wording

and their letters speak for themselves. Mr. Chairman and members of the board,

Similar wording

Mr. Chairman,

Similar wording

the permissible uses in an RSD1 zoning district are extremely limited, as demonstrated here by

Similar wording

the troubled history of a functionally obsolete beautiful structure structures. The Chestnut Hill

Similar wording

Conservancy confirmed with us that it has reviewed approximately 18 proposals for this site since

Similar wording

2006, and yet the site remains in limbo. The last 75 years have proven that continued use of a six

Similar wording

and a half acre estate as a private residence is not practicable in Philadelphia in 2024.

Similar wording

The proposed plan is most consistent, however, with the residential character of the surrounding

Similar wording

neighborhood as distinguishable, for example, from an educational use, an institutional use

Similar wording

that could come in at this property in theory. The authorization of variance relief will not

Similar wording

alter the character of the district or the neighborhood or be detrimental to the public

Similar wording

welfare. The proposal fits into the surrounding neighborhood as evidenced by the coordinating

Similar wording

RCO's support in addition to other expressions of support. This speaks to the granting of relief

Similar wording

being of benefit to the public and within the spirit of the zoning code. The proposed variance

Similar wording

would represent the minimum variance that would afford relief and will represent the least

Similar wording

modification possible of the regulations at issue. A practical concern at this site is also the

Similar wording

ongoing upkeep and stewardship of the property, and this has been thought out in a careful way.

Similar wording

The grant of variance relief will not substantially increase congestion in the public streets,

Similar wording

increase the danger of fire, or otherwise endanger the public health, safety, or general welfare.

Similar wording

And you have the traffic report that speaks to that. The refined plans present the highest and

Similar wording

best use for the site. The proposed development appropriately respects Chestnut Hill's legacy

Similar wording

while making inroads at diversifying Chestnut Hill and opening it to new residents, which is

Similar wording

something that has been a challenge. This will not adversely affect transportation or unduly

Similar wording

burden water, school, park, or other public facilities. There are no environmental issues.

Similar wording

I would like to call at this time Mr. Matthew Millan, the chief architect on this project.

Similar wording

please. Mr. Millan, would you raise your virtual hand to be recognized by Chairman Bergman?

Similar wording

Yes, I've done so. Could you state your name, please, and spell it for the court stenographer?

Similar wording

Yes, Matthew Millan, M-I-L-L-A-N. You swear or affirm to tell the truth,

Similar wording

the whole truth, nothing but the truth. I do. Thank you. Good afternoon, Mr. Millan. Thank

Similar wording

you for joining us today. Have you been present for the entirety of the virtual hearing in the

Similar wording

in this matter so far.

Similar wording

Yes, I have.

Similar wording

And during the course of the presentation

Similar wording

and the exhibits that I have shared

Similar wording

with the Zoning Board of Adjustment,

Similar wording

I've relied upon many exhibits that you prepared

Similar wording

showing existing conditions

Similar wording

and also a proposed development of the site.

Similar wording

Would you adopt and affirm the testimony

Similar wording

that I've offered as your own as architect of record?

Similar wording

yes i do and having heard the testimony would you like to uh add anything further for the

Similar wording

board's consideration right now not at this time but happy to respond to questions as they may come

Similar wording

up thank you mr milan i'd like then to call the uh owner of the subject property uh its managing

Similar wording

member lavie shankman this is mr oh sure is mr feyman trying to speak yes mr chairman yes uh may

Similar wording

i ask mr at this point can i ask mr milan a just a few questions it won't take long sure thank you

Similar wording

very much, Mr. Chairman. Mr. Milan, you've been sworn, am I correct? And you've testified

Similar wording

previously before various committees of the Chestnut Hill Community Association. Am I correct

Similar wording

about that? Yes. And at those meetings, tell me if I'm wrong, but you told us that the developer

Similar wording

made a decision to come before the zoning board before going to the conservancy to change any of

Similar wording

before going to the conservancy to change any of the easements isn't that correct

Similar wording

yes is it yes it is with the caveat that we had met with the conservancy prior to

Similar wording

uh submitting the zoning uh package which we knew would get a refusal to get uh conceptual

Similar wording

approval and to get their feedback on the proposed plans and you and if i may if i may

Similar wording

Mr. Laver, please, please respond. What were you going to say?

Similar wording

You're muted, Mr. Laver.

Similar wording

Your pardon. Thank you. I would just like to make a respectful objection to the record as

Similar wording

to relevancy of this line of question thank you proceed again Mr. Feynman

Similar wording

Mr. Feynman you're muted I apologize apologize Mr. Millan I understand and I think you understand

Similar wording

that some of the um that some of this plan does violate some of those easements is that correct

Similar wording

the plan i mean the easements are going to have to be changed aren't they

Similar wording

if you allow me to speak mr fineman the plans would require some amendments of the easements

Similar wording

thank you um have have you read over you've read over these easements is that correct in some detail

Similar wording

i assume am i right uh yes can i ask what the relevancy is and um i'll ask the questions and

Similar wording

i think your attorney can object if he needs to i i have a standing objection for the record mr

Similar wording

chairman okay thank you would you agree with me that the easements do not allow for residential

Similar wording

dwellings new residential dwellings to be placed on that property

Similar wording

it neither expressly allows or prohibits it

Similar wording

And just two more questions. Two more questions. How many people do you anticipate living in these properties?

Similar wording

That depends on the buyers.

Similar wording

oh i mean you're an architect and you've drawn these plans would you suspect that there's two

Similar wording

or three people living in each one of the dwellings and could you then multiply that

Similar wording

for us since you are the architect objection speculation so you you're at this point you

Similar wording

can't tell the chairman how many people will you you can't anticipate how many people will

Similar wording

be living there is that correct there's 15 dwelling units okay and and the answer the answer

Similar wording

to my question as i understand it is that at this point you do not want to tell the chairman

Similar wording

how many people you anticipate living there isn't that correct no okay that's not correct

Similar wording

i just don't see the relevancy of it well um mr mr chairman you can make that decision for yourself

Similar wording

let me just ask one more question um and then mr chairman i'd like to make one statement if i can

Similar wording

to you um the creffield school how far away is that school from the uh proposed development

Similar wording

it shares a property line with the the side yard property line with uh the graylock property and

Similar wording

And as I understand, the headmaster of that school also lives in a dwelling that's in

Similar wording

the same area sharing that property line.

Similar wording

Is that correct?

Similar wording

I'm not sure which dwelling, which structure that the headmaster lives in.

Similar wording

Okay.

Similar wording

I have nothing further.

Similar wording

Mr. Chairman, can I just make one statement, if I can, to you, having that cross-examination?

Similar wording

Go ahead.

Similar wording

and and um i want to apologize to you

Similar wording

and to the full board um and i did not want to do that i wanted to do this early on

Similar wording

and i did not want to interrupt mr laver

Similar wording

my belief is that as a matter of law

Similar wording

this board does not cannot hear this matter and that is because the developer at this stage

Similar wording

this board

Similar wording

does not, cannot hear

Similar wording

does not have the appropriate standing to come before this board let me just put it to you in

Similar wording

another way. Mr. Chairman, if you and I saw a property out in Center City, Philadelphia, where

Similar wording

I am right now, and we said, let's buy that property, then we determined that there needed

Similar wording

to be zoning. We would have to have an interest in that property. We couldn't come before this

Similar wording

board and asked them to make a zoning change without having appropriate interest in the

Similar wording

property at this point in time this developer is basically coming to this board without having done

Similar wording

what they needed to do they are basically saying to the zoning board here here our case

Similar wording

hear my case now, hear my case now, and then I have to go to the Conservancy and ask them to

Similar wording

change it. And you'll hear Mr. Laver's testimony. Mr. Laver's testimony was indicative of what

Similar wording

might happen before the Conservancy. Let's assume for a minute that the Conservancy with this

Similar wording

developer agrees to some sort of changes. What happens next? Well, let me tell you what happens

Similar wording

next. Conservancy easements are not granted for the benefit of the landowner and cannot be changed

Similar wording

by benefit of the landowner. Rather, they are granted for the benefit of the community.

Similar wording

So what might occur, and I don't know if it will occur, I have no idea, is that a, and Mr. Laver made reference to it, is that a lawsuit could occur and it goes to the Orphan's Court.

Similar wording

So what might happen next? This developer very well could change the development. And he indicated that before the RCO. They changed the development.

Similar wording

Why? Because they have a new agreement with the Conservancy, or the court says something to them, the Orphan's Court, and maybe the Commonwealth Court afterwards, says something about how you have to adjust these easements.

Similar wording

Then what happens?

Similar wording

They come up with a new plan, and they come back to this board.

Similar wording