civus
Hearing video

ZBA Hearing - November 10, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 10, 20205h 26m

of the market that's going on in this neighborhood and because of the price that we're paying for

Similar wording

this land or this building it's just not feasible to do single family homes they would be much more

Similar wording

expensive um and we would probably attract a small group of buyers in this neighborhood

Similar wording

we're trying to make it more affordable for young couples and young families to move into this

Similar wording

neighborhood with a lower price point and we've done that very successfully in this neighborhood

Similar wording

i've done that very successfully in this neighborhood in the past and we'd like to

Similar wording

continue doing that in the future um i do a lot of fundraising and in the neighborhood and i've

Similar wording

going around and spoke to a lot of neighbors um to make sure everyone was okay with the proposal

Similar wording

before we'd move forward with anything and we had a lot of community support and i'm very happy

Similar wording

with uh what's what's going on now and you've met personally with the immediate neighbors uh that

Similar wording

abut uh the property and you've had you've had conversations with them and you've offered

Similar wording

yourself uh available to them for questions and concerns right yes i have on multiple occasions

Similar wording

And the corner lot at the corner of Moore and Moyamensing will be developed with their input, correct, in the future?

Similar wording

Yes, it will.

Similar wording

Okay.

Similar wording

And as a realtor, the units that will not have parking, first of all, you're prohibited from, you would need additional variances to put parking along Moyamensing, correct?

Similar wording

Correct.

Similar wording

And it's a very walkable street along Moyamensing.

Similar wording

We didn't want to go for parking on that avenue because it's such a nice avenue where it's walkable.

Similar wording

You have a farmer's market and a park a block away.

Similar wording

We just wanted to keep it very walkable for the community where you don't have a driveway on a major street like that.

Similar wording

Right. And you're putting back some on-street parking because there's an existing curb hut there presently, correct?

Similar wording

Yes, we are.

Similar wording

Right. And this is the most credible development proposal that you've had since the property's been vacant. Would you agree?

Similar wording

That's correct, yes.

Similar wording

Okay. I have no other questions, Mr. Chairman, and that's our proposal.

Similar wording

Unless you have any questions of my witnesses, I would say that, oh, we do have the Penn Support letter.

Similar wording

Yeah.

Similar wording

Yeah, and a letter of non-opposition from Councilman Squillip.

Similar wording

There you go.

Similar wording

okay any any questions from the board any questions from no no what else would like

Similar wording

to testify in this case if so please raise your hand and i'll swear you in chair i have ryan

Similar wording

boland ryan you can omit yourself and wait to be sworn good afternoon mr boland please

Similar wording

identify yourselves by your name and provide us with your address

Similar wording

ryan you have to unmute yourself

Similar wording

he may be on my other case

Similar wording

oh he's with you well he's a he's an attorney for the 2000 spring garden matter all right

Similar wording

we'll move on uh anyone else would like to testify in this case if so please raise your hand

Similar wording

here i have samantha drake samantha you can unmute yourself and wait to be sworn

Similar wording

good afternoon ma'am please identify yourself spell your name and provide us with your address

Similar wording

good afternoon chairman my name is samantha drake i just recently um your last name please

Similar wording

D-R-A-K-E.

Similar wording

And your address?

Similar wording

1822 East Moya Mensing Avenue.

Similar wording

Thank you.

Similar wording

Swear and affirm to tell the truth, the whole truth, nothing but the truth.

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording

Thank you.

Similar wording

I am very new to this issue.

Similar wording

I just recently purchased the property at 1822, which is immediately adjacent to the

Similar wording

eModa building and I wanted to request an opportunity to review the site plan

Similar wording

and the exhibits and materials that have been provided today. I haven't had any contact

Similar wording

with the owner or the buyer or the architect and

Similar wording

I'm sort of especially interested because we share a wall with the eModa building.

Similar wording

uh rich would you yeah i would say as follows uh i do want to inform the board that this

Similar wording

particular developer has been delayed uh due to the covet crisis he has revised his plan he is

Similar wording

asking for a vote today it would be yeah we're going to do that well i would appreciate we're

Similar wording

happy to work with miss drake provide she could let me let me get there okay asking you to provide

Similar wording

miss drake with all the necessary materials she needs we can move forward with the vote if there's

Similar wording

a concern she can always ask for a rehearing that's not to suggest it would be granted but

Similar wording

there is another mechanism should there be any issues so please provide her with all the

Similar wording

information that she requests all she has to do is email me or call me i'll email her everything or

Similar wording

Brian. Let her know how to contact you. We'd appreciate it. All right. Okay. Anyone else

Similar wording

testify in this case? Here I have a Patrick Fitzmaurice. You're going to mute yourself and

Similar wording

wait to be sworn in. Good afternoon, Patrick. Please identify yourself with a record. Spell

Similar wording

your last name. Good afternoon. This is Pat Fitzmaurice. I'm the president of the Penn

Similar wording

support civic association my last name is spelled f-i-t-z-m-a-u-r-i-c-e you swearing for him to tell

Similar wording

the truth the whole truth nothing but the truth yes please proceed uh good afternoon uh i apologize

Similar wording

for getting our letter uh out on friday morning um you know any delay was my fault not due to

Similar wording

anything on the part of the applicant so i hope you'll excuse the the small delay no worries no

Similar wording

I appreciate that. And again, in the interest of full disclosure, you know, as Mr. Neuswanger noted, he is the chairman of the Civic Association Zoning Board.

Similar wording

He played no role in the consideration or voting on this or in drafting our letter.

Similar wording

I meant to say that.

Similar wording

I just want to put that out there. And that's in our letter as well.

Similar wording

The immediate neighbor who owned the property prior to this was heavily involved in this process.

Similar wording

You know, I appreciate her concerns. And barring her request and exception, I would just like to add the following.

Similar wording

You know, as far as the dimensional variances that are requested, in our opinion, they're reasonable, and our letter more fully explains.

Similar wording

We don't ordinarily oppose reasonable requests.

Similar wording

As far as the multifamily use, again, our letter more fully explains, but our RCO remains concerned about density generally.

Similar wording

Our letter more fully explains, but our RCO remains concerned about density generally, particularly related to parking and quality of life.

Similar wording

We have opposed multifamily requests in the past when these concerns exist or are otherwise raised by the neighbors.

Similar wording

However, in this instance, we feel that the applicant has reasonably addressed these concerns.

Similar wording

While there are a number of units that will add to density and parking, because of the on-site parking provided,

Similar wording

our understanding based on the representations made at the meeting is that this project should put as many cars on the street

Similar wording

as building the same number of single-family structures would.

Similar wording

Furthermore, these are owner-occupied units which can address some potential quality-of-life issues.

Similar wording

Unlike prior applications which we have opposed, this is not a current in-use single-family structure

Similar wording

in which the applicant seeks to double occupancy,

Similar wording

contributing to the issues I just mentioned with no demonstrable benefit to the community.

Similar wording

Rather, this is an out-of-use warehouse that's had vacant for many, many years.

Similar wording

I believe that some neighbors may favor single-family use,

Similar wording

but we are aware that over the years a number of potential owners have been unable to find a

Similar wording

suitable use for this parcel accordingly the proposed project may contribute to benefiting

Similar wording

the community by finding some use for this parcel therefore increasing the quality of life

Similar wording

accordingly we are not opposed to this this application thank you thank you for your

Similar wording

testimony if you wouldn't mind maybe you can reach out to miss drake as well introduce yourself to her

Similar wording

and make you familiar with the pensport civic uh having said that any other any other individuals

Similar wording

would like to testify in this case no chair you can proceed thank you planning commission

Similar wording

good afternoon board peter bernard for the planning commission

Similar wording

these properties are designated for single family residential use in the comprehensive plan

Similar wording

we feel the proposal represents an overuse of the site and recommend the number of units be reduced

Similar wording

additionally we would note that the price of land is not a hardship accordingly we object

Similar wording

to the granting of the variance.

Similar wording

Understood. Thank you.

Similar wording

MI 2020-0015851800

Similar wording

East Des Moines and Metzing Avenue.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

Professor, what I'm going to do is number six.

Similar wording

Since it's going to be their third hearing,

Similar wording

I'm going to move that to the back as well

Similar wording

because that usually takes a lot of time.

Similar wording

So we'll move on to number seven is continued.

Similar wording

We'll move on to number eight, MI 2020,

Similar wording

that's 001565211 South Christopher Columbus Boulevard.

Similar wording

Excuse me, this is Sharon Soletti,

Similar wording

Michael Marrione

Similar wording

Karen

Similar wording

Yes, I was just going to say

Similar wording

if you could check your

Similar wording

text messages, there is another add-on

Similar wording

for 3818 Aspen

Similar wording

This is just a

Similar wording

follow-up report hearing from

Similar wording

Mr. Mulvihill to report on the

Similar wording

further communications with the

Similar wording

community. Yeah, all I saw when

Similar wording

you sent me was 909

Similar wording

North 26

Similar wording

and 7519

Similar wording

9 Ridge Avenue. Okay, I'll resend this. Okay, thank you. Okay, Mr. Mattione. Good afternoon,

Similar wording

Mr. Chairman. Please identify yourself. Sure, Michael Mattione, M-A-T-T-I-O-N-I, Federal Reserve

Similar wording

Bank Building, 100 North Independence Mall, Suite 5A Northwest, Philadelphia, 19106.

Similar wording

We're in the firm to tell the truth, the whole truth, nothing but the truth.

Similar wording

I do. I have with me today Alfred Hornick, who is the principal.

Similar wording

Mr. Marioni, you agree to waive the reading of its refusal and stipulate to attack her?

Similar wording

It is a referral, and yes.

Similar wording

Yes. Also, have you emailed an exhibit packet with the required documents,

Similar wording

proof of ownership, proof of tax compliance, copy of the referral,

Similar wording

photos, and plans five days prior to this hearing?

Similar wording

Yes, I did.

Similar wording

Have you met with the RCO and have a letter?

Similar wording

Yes, we do.

Similar wording

So please proceed.

Similar wording

Thank you.

Similar wording

Excuse me.

Similar wording

This is Sharon interrupting you again.

Similar wording

I apologize.

Similar wording

But we also have a letter from a non-opposition from Councilman Squilla with certain provisos.

Similar wording

Thank you.

Similar wording

Thank you, Sharon.

Similar wording

Yes, we received the letter from the RCO yesterday and also the letter from Councilmember Squilla yesterday.

Similar wording

Councilmember Squilla's conditions are the same ones that the RCO asked us that we agreed to work with.

Similar wording

I also have Avram Hornick today with me. He's the Principal of the Tenant, who's my client,

Similar wording

and Michael Flynn, who is the Executive Director of the Independent Seaport Museum.

Similar wording

They are the landlord, and he is also on today.

Similar wording

They are the landlord, and he is also on today.

Similar wording

And I also believe that Paul Bonney

Similar wording

And I also believe that Paul Bonney is on.

Similar wording

He is from the RCO, but they are in support.

Similar wording

Mr. Hornick, I'm going to share my screen.

Similar wording

Excuse me.

Similar wording

Okay.

Similar wording

Are we up?

Similar wording

Yes, sir, we are.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

I just want to make sure.

Similar wording

Okay, and there is the application and referral.

Similar wording

This involves the Independent Seaport Museum, a longstanding museum.

Similar wording

First here is our letter of support from the Society Health Civic Association.

Similar wording

We met with them on the 26th of October, and they support the application as long as we agreed to the eight provisos, and the provisos were mainly dealing with types of use, specific types of use, noise, light, kitchen odors, et cetera, and we agreed to all of their conditions.

Similar wording

And that was, again, followed up by the letter from Councilmember Sculler in non-opposition based upon our meeting with the Society Hill Civic.

Similar wording

Now, the Independent Seaport Museum, the museum itself is staying.

Similar wording

What we were talking about is Avram Hornet coming in.

Similar wording

He is a successful operator of restaurants and entertainment venues in Philadelphia, including Morgan's Pier, Kraft Hole, Rizzo Taco, Parks on Tap, and many others.

Similar wording

and we provided again all the required exhibits and he's got a signed agreement to operate

Similar wording

the restaurant concessions at the independent seaport museum with indoors and outdoors this

Similar wording

is a cmx4 zone property so the restaurant use itself is a permitted use by right what is not

Similar wording

permitted or permitted as a special exception is an outdoor use of the decks at the museum.

Similar wording

So Mr. Hornick is going to place a restaurant. This used to be the theater. He's going to place

Similar wording

a restaurant in the theater at the ground floor and also on the second floor, and that will be

Similar wording

indoors and also on the roof of that. You will also have on the second floor that I'm pointing

Similar wording

out. This is an outdoor area, and he's going to have dining here. He will have dining on

Similar wording

the roof, and then I have to go down to the next plan, which is also at the ground floor

Similar wording

You will have seating outside, this is a patio area, and this is the seating at the second floor level, and also seating on the roof of the restaurant at the second floor level, and there is also seating on the third floor level as well.

Similar wording

There's a further deck up here and that is used by private catering that is not used by Mr. Hornick,

Similar wording

but these areas are all what he's talking about, having the outdoor dining,

Similar wording

lectures, boat building, educational performances, and live music on these outdoor areas.

Similar wording

And if I show you a couple photos, it will help make it a little bit easier to understand as well.

Similar wording

Here's looking at the museum from the south, and you can see this area here, and this area

Similar wording

you can't see at all on the second floor level, and then this area, the U-shaped area here

Similar wording

the third floor level and there's another photo that shows as well okay

Similar wording

again this shows the outdoor area right here and right over here that are also going to

Similar wording

be part of the seating so you have seating area here all the way around seating area on top here

Similar wording

they're going to take down this parapet wall so you're going to have great views of the river

Similar wording