civus
Hearing video

ZBA Hearing - February 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 17, 20215h 2m

community development corporation my name is spelled c-h-r-i-s and my last name is spelled

Similar wording

s-p as in peter a-h-r um i we're in front of the truth the whole truth and nothing but the truth

Similar wording

i do please proceed uh yes i i was not going to speak today i was gonna there's several residents

Similar wording

who are on the call who i believe are going to speak um and i was going to leave it up to them

Similar wording

But after hearing Mr. Labor's presentation, I felt it necessary to correct his inaccurate statements around engagement with the Centennial Parkside CDC.

Similar wording

We have been engaging with the owner of this property since he bought the property.

Similar wording

We have invited him to our office and had multiple discussions.

Similar wording

We have invited him to East Parkside Residence Association meetings, which he has not attended.

Similar wording

We have tried to work with them to figure out what was the best way to produce this.

Similar wording

And we are supportive of a new restaurant space in this area.

Similar wording

We appreciate the effort that he has put into renovating the building, as well as renovating the building across the street.

Similar wording

We think he's done a nice work with the with the facade improvements and so forth.

Similar wording

We the concern that that and the times that he has presented to me about putting in a drive through there.

Similar wording

The only feedback that I have given him is that I don't think the community would be receptive to it because of the major traffic congestion that exists at the intersection as a result of the zoo traffic.

Similar wording

as well as the trolley line, as well as the high school of the future across the street,

Similar wording

and having a drive-through there would not be conducive. So that is the advice that I have

Similar wording

given him. He's still gone forward with the idea of the drive-through. I understand it as a business

Similar wording

reason, and I do understand the cause of that. But as you will see from the letter from the RCO

Similar wording

meeting, which is the one time he decided to meet with the community, it was unanimous to oppose

Similar wording

an option for a drive-through at that space.

Similar wording

I'd also like to note that the letter that Mr. Layers provided from Evan Litvin

Similar wording

supporting the project, Evan is not a resident of the community. He owns

Similar wording

1130 North 48th Street, which he bought about a year and a half to two years ago.

Similar wording

And so he is a business, he's not a business owner in the community,

Similar wording

he owns a building, it's a vacant building right now, does not live in the community. So I just wanted

Similar wording

to clarify that. And I will leave

Similar wording

the the rest of um the conversation today to some of the residents who have a deep concern i just

Similar wording

want to do um correct some of the inaccuracies accuracies that mr lavers uh spoke about about

Similar wording

the cdc not being mr laver mr laver hold on one at a time please so yes i just i just wanted to

Similar wording

clarify and correct the inaccuracies that were presented because we did not appreciate that

Similar wording

after the effort we've put into trying to work with the owners of this building um and and it's

Similar wording

been the meetings have been fine we've had great discussions but it's not that we have not met

Similar wording

and tried to work with them so i just wanted to clarify that thank you mr laver uh don't want to

Similar wording

get into a big debate here uh state whatever it is you want to state and i have some suggestions

Similar wording

i i'm sorry hold on again mr there's total feedback again

Similar wording

everyone sounds like they're in an echo chamber i think you'll be fine now thank you mr chairman

Similar wording

and members of the board this board knows me and my i care very much about the words that i state

Similar wording

to this board uh i i heard mr spar i respect him i think that perhaps there there may be some

Similar wording

miscommunication because Mr. Spahr, Dr. Spahr, rather, as I understand it, is a paid professional

Similar wording

with the organization, and I was asked to speak with community volunteers, including Lorraine

Similar wording

Gomez, with whom I had the most interaction. We desperately are interested in ongoing discussions

Similar wording

with the community, and they have not happened after that meeting. I don't, like you said,

Similar wording

Chair, I don't wish to put that, go into those types of details on the record.

Similar wording

on the record. The legal issue before the board is the takeout restaurant. I understand the

Similar wording

The legal issue before the board is the takeout restaurant.

Similar wording

concerns on other surrounding issues such as the drive-through which we are committed to ongoing

Similar wording

dialogue on that piece. So it sounds to me from your earlier statements and your recent statement

Similar wording

just now and from Mr. Spahr that there's still maybe an opportunity to have a continued dialogue

Similar wording

pardon me we would welcome it chairman would you want to do that by way of a definite date or have

Similar wording

an attorney moving party i think a definite date would make sense considering my percent i i want

Similar wording

to make sure that we all make this a priority to me all right is mr spar available

Similar wording

and i don't mean to discount the other folks who might want to weigh in on this but

Similar wording

But if we're going to continue this, the plan may change somewhat and there may be some acceptance later on.

Similar wording

So rather than go through this exercise, it might be better off if we continue.

Similar wording

Mr. Spahr?

Similar wording

Yes, I'm still here.

Similar wording

Did you hear what I asked, Mr. Labor?

Similar wording

Yes, I just would like clarification as to what you are proposing.

Similar wording

uh well we can continue this case which would give uh you and uh your your neighbors and the

Similar wording

applicant opportunity to have further dialogue and maybe come up with something that is acceptable

Similar wording

maybe not i don't know but that's we can give you some extra time i mean i i think we're we're happy

Similar wording

to have uh further dialogue we're always open to dialogue um uh we've had dialogue for several

Similar wording

years on this um but i do think it's important that residents are given the chance to speak at

Similar wording

this meeting as well because i know that several of them are i've been waiting for a long time to

Similar wording

say something as well i understand but if we're going to if there's an agreement to continue this

Similar wording

case there are things that may be uh introduced at the next community meeting that may may be

Similar wording

acceptable to the community so i rather not just deal with the case as it is in front of us

Similar wording

because there may be some uh amendments to what is being proposed i don't want to belabor the

Similar wording

record on something that may not be something we're going to be asked to vote on after the

Similar wording

next community meeting we certainly would be willing to discuss that um one condition i would

Similar wording

ask that you just allow one more person to speak today uh if you could allow joy smith who was on

Similar wording

the line to speak as well and again we don't mean to be disrespectful but again we might not be

Similar wording

talking about apples to apples two weeks and i don't i don't feel you're being disrespectful i

Similar wording

just i just i understand where you're coming from um i would just like the vice president of my

Similar wording

board joy smith to have an opportunity to chime in i'll do that momentarily but the next question

Similar wording

is when is your next meeting or when i'm trying to get a timeline for both sides

Similar wording

it's two weeks too soon or is it i mean what are we looking at i i think we i would have to discuss

Similar wording

with our zoning chair lorraine gomez who was mentioned earlier um because she scheduled those

Similar wording

meetings but i i don't see it a problem but she's the one who does the scheduling so i would need

Similar wording

her to uh i'm not sure if she's on or not um if she is i'll ask her to raise her hand she's

Similar wording

I'm going to try to be on.

Similar wording

Chair, I have a question.

Similar wording

Mr. Spahr, what board is it that you're part of?

Similar wording

I'm the executive director of the Centennial Parkside Community Development Corporation.

Similar wording

We're the community development corporation for the neighborhood as well as the RCO for

Similar wording

the neighborhood as well.

Similar wording

One of the RCOs for the neighborhood.

Similar wording

Yeah, I'm familiar with that neighborhood also, Chairman.

Similar wording

It's a wonderful neighborhood.

Similar wording

It really is.

Similar wording

It is.

Similar wording

It's great.

Similar wording

Yeah.

Similar wording

Who was the lady you had mentioned?

Similar wording

Ms. Joyce Smith, she's on the line as well.

Similar wording

Ms. Smith, if you can please identify yourself, name and address.

Similar wording

Ms. Smith, you've been unmuted, please unmute yourself.

Similar wording

Okay, thank you, I have. Can you hear me?

Similar wording

Yes, Ms. Smith, please identify yourself, name and address.

Similar wording

Yes, my name is Joy Smith. I live at 4251 Viola Street. I'm a resident of East Parkside and also

Similar wording

president of the Centennial Parkside CDC. Thank you. Swear and affirm to tell the truth,

Similar wording

the whole truth and nothing but the truth. Yes. Have you heard my statements, my questions

Similar wording

about does it make any sense to have this case continued so that the community and the applicant

Similar wording

and his attorney can, you know, address any outstanding issues.

Similar wording

And maybe there's some adjustments to what we're talking about today

Similar wording

to what we're talking about today that might be, may be acceptable to the community going forward.

Similar wording

that might be acceptable to the community.

Similar wording

And if that's agreeable, I'm trying to get a timeline for when you guys will be meeting next.

Similar wording

We could do it within a month or so, but I still would like to present from a resident's

Similar wording

uh perspective uh just a very short statement or two please do thank you okay i just want to say

Similar wording

at our rco meeting the community unanimously opposed this use for a variety of reasons but

Similar wording

for the primary reason which i will state here um was the exact as the this current use will

Similar wording

exacerbate the existing conditions we are already burdened with um we have a high volume of traffic

Similar wording

in this area and specifically at the corner of 40th and dry now in the photos i was looking at

Similar wording

the developer's attorney's photo, and it's missing a very important element, something that residents

Similar wording

experience in our everyday life. It was a very nice drawing, but this is not conducive to a

Similar wording

walkable community. This highly congested area is a maze for residents. Crossing the streets is

Similar wording

extremely taxing. We have cars, septa buses, trolleys at this very complex intersection.

Similar wording

This area is a thoroughfare for East and West 76th Highway, the Vine Street Expressway, just two blocks down the street.

Similar wording

There's a lot of speeding cars. We see a lot of trucks, high volume of automobiles, traffic from tourists driving to Screamer Park, the Philadelphia Zoo.

Similar wording

Please touch me, Sam, and other nearby cultural institutions.

Similar wording

There's a high school across the street, and it's not safe for them.

Similar wording

A few stats. Philadelphia Zoo receives over 1.2 million visitors. The museum alone gets 500,000 visitors. The combination of Derod Avenue and Parkside would intersect daily over 27, almost 28,000 traffic cars we see back and forth.

Similar wording

this community overwhelmingly opposes this particular use that would only add to increase

Similar wording

the traffic congestion in this area. Any additions or increases to traffic will definitely have an

Similar wording

adverse impact on the quality of life in East Parkside. Now, the community welcomed development,

Similar wording

we really do, and we welcome a continued conversation with this developer, but we

Similar wording

respectfully ask that developer

Similar wording

reconsiders

Similar wording

his use, and we

Similar wording

the community would love to be able

Similar wording

to sit down and talk to him about that.

Similar wording

Thank you. Thank you.

Similar wording

Mr. Lavery, still interested in having

Similar wording

a further conversation?

Similar wording

We've been interested in speaking.

Similar wording

I don't know

Similar wording

what this may or may not

Similar wording

yield. I didn't

Similar wording

want to cross-examine at this

Similar wording

particular time

Similar wording

there's additional information if we are not able to agree that I will have to put on the record

Similar wording

but I believe that as the chair suggested a conversation may make sense okay Tanya we got

Similar wording

something about a month out or or Fatina someone March 24th at 9 30

Similar wording

Okay. Again, no disrespect to the other folks we're waiting on to testify. Things may change

Similar wording

between now and March 24th. So we'll wait to hear what happens on the 24th. MI 2020.

Similar wording

Chairman. Yes, I'm sorry, Tom. Yeah, I'd like to put on record my opinion.

Similar wording

yeah sure I'm sorry I forgot to ask I am familiar with the neighborhood and I believe the

Similar wording

major traffic problem is at the gasoline station and not 40th and uh Girard so I just want to put

Similar wording

that on record thank you okay Mr. Chairman can I echo yes can I can I echo what he said I'm

Similar wording

extremely familiar with that neighborhood and i agree with what tom said okay but again we may

Similar wording

not be talking about right similar project going forward maybe maybe not uh in the interest of

Similar wording

everyone's uh concern we're going to continue this case mi 2020-002-482-3948-50 west

Similar wording

gerard avenues continued to march the 24th at 9 30 a.m thank you mr chair yes i'm sorry

Similar wording

if i could just interject this is a resumption hearing i'm sorry yes therefore no posting

Similar wording

is required thank you mrs okay okay thank you all thank you calendar number

Similar wording

Okay thank you all. Thank you. Calendar number 2479-435 South 56th Street.

Similar wording

Should be Vern Anastasio.

Similar wording

Mr. Anastasio has just been promoted to panelists.

Similar wording

Hi, Vern. Can you put your name and address on the record and spell your last name, please?

Similar wording

Sure. Vern Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut, Suite 1006, Philadelphia, 19107.

Similar wording

You're already under oath. Do you also agree to waive the reading of the refusal and stipulate

Similar wording

its accuracy? I do. Have you emailed the exhibit packet with proof of ownership,

Similar wording

tax compliance refusal or referral photos and or plans of the property five days in advance of this

Similar wording

hearing and have you met with the rco and do you have a letter uh yes to all of that and you may

Similar wording

proceed i don't know if i personally have the letter but i know the letter has been sent

Similar wording

okay thank you you may proceed thank you i'm going to share

Similar wording

this first

Similar wording

good morning mr chairman and members of the board this is the subject property 435 south 56th street

Similar wording

it's a corner property that last known legal use was a commercial first floor and a nine unit

Similar wording

a boarding home, a single room residence with nine units. So there were nine residential units

Similar wording

and one commercial space in the two-story property. And I'm going to go to this prop.

Similar wording

This project goes back pretty long. In 2019, we put an application in for a four-family dwelling

Similar wording

and uh we met with achievability and in person this was of course pre-covid

Similar wording

we met with the community achievability which was the rco at the time uh we met to a full house

Similar wording

everyone on the block uh and as this letter states uh there was overwhelming support for the

Similar wording

the applicant's variance request. Then my client, Mr. Wright, unfortunately had a stroke and went

Similar wording

into a coma for a very long time. When he came out and recovered, he decided that what he'd like to

Similar wording

do is put an addition on the property so that the units, instead of four very small units,

Similar wording

could be very you know substantial very nice high quality units that would promote longevity with

Similar wording

larger you know larger families not just you know single individuals so we submitted for

Similar wording

the construction of an addition at the rear and above existing structure with roof deck

Similar wording

and roof deck access structures for the use of as a four-family dwelling. We got a bunch of

Similar wording

refusals. We have submitted new plans with the proviso sheet for new plans that eliminate the

Similar wording

first two refusals. The pilot house associated refusals are no longer germane. The maximum

Similar wording

occupied area and the rear yard those two are already pre-existing non-conforming uses so the

Similar wording

property already fits where it sits and so there's nothing really we could do about that

Similar wording

so the primary refusal of course is for the four-family dwelling which again achievability

Similar wording

room full of people had approved. Let me take you through.

Similar wording

Here's the plot plan. Here's the existing condition. Here's the addition, rear and third.

Similar wording

as of the date of this design each unit was a is a three family dwelling i'm sorry a three

Similar wording

bedroom apartment uh after some discussion with my client uh it it appears as though there's an

Similar wording

there's a want for a larger living area. So my client, if this board approves this appeal, my client

Similar wording

So my client, if this board approves this appeal, my client would be willing to accept gladly the proviso that no more than two bedrooms per unit.

Similar wording

That would ostensibly add a significant amount of living space, and it would be done relatively easy just by removal of a wall adjacent to the eat-in kitchen.

Similar wording

So, we then circulated petitions for this, which is right here, there's the proviso.

Similar wording

And I also want to tell you that what we did is with the revised plans, we went up and down 56th Street.

Similar wording

I'm going to stop sharing this for one moment.

Similar wording

I'm going to share another document, if you don't mind.

Similar wording

56th Street.

Similar wording