civus
Hearing video

ZBA Hearing - April 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 10, 20246h 50m

Okay. Why don't we put her on?

Similar wording

Harriet Franklin has been promoted to panelists.

Similar wording

Hello?

Similar wording

Hello?

Similar wording

Hi.

Similar wording

Yes.

Similar wording

Could you state your name, please, and spell for the course stenographer?

Similar wording

Absolutely.

Similar wording

Harriet Franklin, H-A-R-R-I-E-T, F-R-A-N-K-L-I-N.

Similar wording

Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Could you identify your client and their relationship to the property?

Similar wording

Yes, absolutely. My client is Delaware Valley Community Health, the owner of the property.

Similar wording

Delaware Valley Community Health is a Pennsylvania nonprofit corporation and a federally qualified health center

Similar wording

that provides comprehensive primary care medical services

Similar wording

to communities located in both Philadelphia and Montgomery County.

Similar wording

All right, thank you.

Similar wording

Mr. Holloman has a few questions for you before you start.

Similar wording

Sure.

Similar wording

Good afternoon, counsel.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to his accuracy?

Similar wording

Yes.

Similar wording

Did you email all the exhibits and documents as required five days in advance to this hearing?

Similar wording

My client did, yes.

Similar wording

Thank you.

Similar wording

please proceed and share your screen um i'm sorry but i'm not in a position to be able

Similar wording

to share my screen but the architect who was also on um is able to share uh share the screen her

Similar wording

screen um why don't we do we'll bring her on she'll share the screen you'll testify

Similar wording

So why don't we do? We'll bring her on. She'll share the screen. You'll testify, okay?

Similar wording

Well, again, I'm not really in a position to testify. I'd like her to be able to explain

Similar wording

the exhibits because they are the ones that prepared them.

Similar wording

Excuse me, ma'am. Two issues. One, because the property is owned by a nonprofit, they have to

Similar wording

be represented before the board by an attorney. That means the attorney needs to give the

Similar wording

presentation you can call witnesses but you need to be the primary driver of the presentation

Similar wording

um the other issue is the deed that was submitted with the exhibit packet lists the owner of the

Similar wording

property as spring garden health organization a different entity than you just listed so if you

Similar wording

could provide clarification on that point that would be appreciated thank you yes okay well i

Similar wording

mean if um if the if the architect can share her screen then i could try my hardest to okay sure

Similar wording

the documents. As far as the owner, many, many, many, many, many years ago, Spring Garden was the

Similar wording

owner. The Spring Garden changed its name to Philadelphia Health Services and subsequently

Similar wording

changed its name to Delaware Valley Community Health. So it is the same owner. I suspect that

Similar wording

the problem is that the deed was not updated. We have documents in the record, I believe,

Similar wording

And I'm deferring to Brenda Robles-Cook, who is also involved on this presentation and available to speak, has provided in the materials the copies of the changes, amended articles of incorporation over the years.

Similar wording

Yes, I did see those in the presentation.

Similar wording

Thank you for connecting the dots there because I wasn't clear on the relevance.

Similar wording

Thank you.

Similar wording

Yep, absolutely.

Similar wording

So at this point, what we'll have is Amanda will go through it, and you'll testify off that.

Similar wording

And then if we have to, you'll call Amanda later as a witness, okay?

Similar wording

Okay, I'll try my hardest.

Similar wording

Well, I think you could do fine.

Similar wording

Amanda, could you put up the presentation?

Similar wording

Yes, I'm just seeing where to share my screen here.

Similar wording

Okay, I see it.

Similar wording

All right, well, we see you, but we, okay, thank you.

Similar wording

It's fine.

Similar wording

Perfect.

Similar wording

All right. So we are applying. No, no, no, no, no. Amanda. She has to testify. Oh, absolutely. I'm sorry. And if she has to, she'll call you later. Okay. Thank you.

Similar wording

So the idea behind this exception, as I best can explain, is that the building, there's a renovation to the building to accommodate its administrative staff.

Similar wording

The renovation hasn't happened for many, many, many years, and as part of the renovation, there's a special exception needed for purposes of creating a rooftop deck, which will be used and limited to its employees during lunchtime and breaks during normal business hours.

Similar wording

It's going to be approximately 750 square feet, and again, solely used by the employees of Delaware Valley Community Health.

Similar wording

It was, there are currently no outdoor space for its staff of approximately 110 people, and the deck was reviewed and approved by Spring Garden Civic Association.

Similar wording

And

Similar wording

Exactly what's on these plans, not being an architect, I'm not in a position to explain the detail, but I think there was one, if you go to another, the next slide, Amanda, if you don't mind, I think that you can see.

Similar wording

well that's the okay at the very bottom i think is where the um outdoor deck will go it will it

Similar wording

will be in between the the two buildings which delaware valley community health now owns and

Similar wording

connect them um again for the staff it won't be visible from the front of the building and uh it

Similar wording

this and apparently meets all of the setback requirements again i apologize because i'm not

Similar wording

the architect i i think you're doing well okay you're fine so the basic is you're redoing the

Similar wording

buildings you want to build a deck that people go out to at lunchtime and things like that

Similar wording

exactly sit between the two other buildings that you already own yes right oh okay um and no one

Similar wording

will be able to see it from the front and uh you know yeah i see a setback and things like that

Similar wording

okay yeah yeah questions from the board

Similar wording

Yeah, questions from the board?

Similar wording

No, Chair.

Similar wording

Thomas?

Similar wording

He's there.

Similar wording

Here, Tom, questions from the board.

Similar wording

You're muted, Tom.

Similar wording

Tom, you're muted.

Similar wording

no mr chairman thank you questions or comments from our attorney hillier emerson

Similar wording

not at this time mr chair questions or comments from the virtual audience yes chair we have three

Similar wording

hands up justina navarro has been allowed to speak hi could you please state your name and

Similar wording

spell it for the court stenography good morning good afternoon mr chair my name is justina navarro

Similar wording

J-U-S-T-I-N-O-N-A-V-A-R-R-O.

Similar wording

Right.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Do you live in a neighborhood?

Similar wording

I do.

Similar wording

I live actually on 15th, right around the corner.

Similar wording

Okay.

Similar wording

Please proceed.

Similar wording

I'm in representation of the Spring Garden Civic Association, Mr. Chair, members of the board.

Similar wording

And we met with the applicant and we met with the architect virtually and the contractor.

Similar wording

They made a presentation.

Similar wording

The presentation was professional in nature, and the applicant answered all questions that the community had and members of the neighborhood had, as well as the zoning committee members of the project.

Similar wording

So as a result, we are in support of the project and we urge the panel, yourself, Mr. Chair, and the zoning board to approve the request as, to grant the request as submitted to the city today, to the ZBA today.

Similar wording

Thank you so much for your time today.

Similar wording

Thank you for taking the time to close.

Similar wording

We appreciate it.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Brenda has been allowed to speak.

Similar wording

Hi, could you please state your name and spell for the court stenographer?

Similar wording

Brenda, please unmute yourself.

Similar wording

I'm sorry.

Similar wording

No, it's okay.

Similar wording

Hi, could you state your name and spell for the stenographer?

Similar wording

My name is Brenda Robles-Cook, B-R-E-N-D-A-R-O-B-L-E-S-C-O-O-K-E.

Similar wording

I am. Hold on. Do you swear or affirm that tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes. Please proceed. I am the senior vice president and chief administrative officer

Similar wording

for this organization, and I'm here representing the owner of the property. I have been with the

Similar wording

organization for 28 years, along with using the use for having our staff go out. It's also a

Similar wording

retention um around um we have 20 vacant spots and we're hoping to get this outdoor space um to

Similar wording

give our staff a little bit more um offering more as a benefit to make them stay with dbch

Similar wording

thank you thank you thank you very much for taking this kind of calls we appreciate it

Similar wording

Is there anyone else in the audience?

Similar wording

I see no hands.

Similar wording

Planning Commission.

Similar wording

Greg, can you unmute?

Similar wording

Sorry.

Similar wording

That's okay, Greg.

Similar wording

It's okay.

Similar wording

Good afternoon.

Similar wording

This is Greg Walden, Planning Commission staff.

Similar wording

The comprehensive plan recommends no change to the existing commercial mixed-use zoning.

Similar wording

Proposed use will not cause detrimental impacts to the neighborhood beyond what normally might be expected.

Similar wording

City Planning Commission recommends that the zoning board grant the special exception.

Similar wording

Thank you.

Similar wording

MI 2023-006-615-1412-22 Fairmount Avenue, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Thank you, counsel. You have your votes.

Similar wording

Thank you very much. We really appreciate it.

Similar wording

Okay.

Similar wording

Number eight.

Similar wording

MI 2023-007-020-508-14 Moore Street.

Similar wording

Darwin Beauvais is the attorney.

Similar wording

Also, Steve Masters is the attorney for the Protestants.

Similar wording

Garwin?

Similar wording

Darwin. Yes. Good afternoon, Mr. Bovet. Could you state your name, please spell for the court

Similar wording

Yes.

Similar wording

Good afternoon.

Similar wording

sonographer? Yes. Darwin Bovet, B-E-A-U-V, as in victory, A-I-S, as in SAM,

Similar wording

counsel for the applicant, 3R Ventures, LLC. I'm located at 1500 Market Street, 34th floor.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Mr. Masters, could you state your name and spell for the court stenographer?

Similar wording

Good afternoon, Mr. Chair, members of the board.

Similar wording

Steve Masters, S-T-E-V-E, M-A-S-T-E-R-S.

Similar wording

I'm here for the objectors, neighbors for responsible development.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Okay.

Similar wording

So before we begin, Mr. Bovee, how long do you think you need to make your presentation?

Similar wording

And how many witnesses do you intend to call?

Similar wording

Actually, I intend to call our expert first, who I just need several minutes,

Similar wording

and because she actually has another zoning hearing to appear in front of.

Similar wording

Um, then I will call Bridget Daly, who is looking, who will lead up our, our, uh, operations.

Similar wording

And then, uh, we do have the head of the RCO, John Disley, uh, and we have the applicants who

Similar wording

will actually just adopt. Mr. Beauvais, you'll make a presentation yourself too.

Similar wording

Yes. I intend on making the presentation. So give me, give me an idea how much time you think

Similar wording

you need and then i'm going to ask mr masters you know maybe just i'm trying to estimate what

Similar wording

what's the time of your case and that would be including mr masters crossing i know you can

Similar wording

answer that but give me an idea where you how much time you think you need i i can make a presentation

Similar wording

in less than 20 minutes with all your witnesses or yourself with with at least with the witnesses

Similar wording

is to discuss the operations and our expert. I think the board should note that this is not

Similar wording

an addition to or new construction. It is just a use variance. So we can discuss the uses

Similar wording

in a streamlined fashion. I think Mr. Masters and his so-called clients are just looking to just

Similar wording

to stop the use.

Similar wording

What I want to try to do

Similar wording

before we get into what people

Similar wording

may want to do is the time.

Similar wording

And then I'm going to ask Mr. Masters

Similar wording

the same thing, okay?

Similar wording

So what do you think?

Similar wording

20 minutes you think you have all your witnesses?

Similar wording

I can speed things up

Similar wording

and do it in 20 minutes.

Similar wording

So Mr. Masters,

Similar wording

he mentioned experts.

Similar wording

He mentions people who are going to operate.

Similar wording

Just try to estimate for me

Similar wording

what you think the time of cross would be for you uh for the cross for his experts um

Similar wording

just one expert well and then you have people who want to talk about the operation of the place

Similar wording

right and then the owners right and then also the rco head so it could i was um i was thinking about

Similar wording

the time for my witnesses mr chair so i'm thinking i know but i want to figure out him

Similar wording

first it could be 15 to 20 minutes for for across of all of of all of darwin's witnesses okay

Similar wording

all right um what what we're trying to figure out mr masters we know that you have five witnesses

Similar wording

we're trying to think if we if we're going to get to them today or not and what what i what's

Similar wording

the matter mr povek um one the couple of things with with that line of thinking i think in a

Similar wording

normal situation, I wouldn't mind. But I think I have to object to him presenting any witnesses,

Similar wording

especially as expert. But two, one of the reasons why we were this add-on was that

Similar wording

this project will not happen if we don't get a decision today. So we were just trying to figure

Similar wording

out what would be the best way. If the board could recall, we appeared in front of the board

Similar wording

on March 6th, and at the request of the councilman, we agreed to a continuance, and we did discuss

Similar wording

how quickly we can get back in front of the board because of our deadline. If we cannot get a

Similar wording

decision by the end of the month we uh that we might as well withdraw our application and that's

Similar wording

And that's and I hope we I don't I don't know that we're going to get to a decision today.

Similar wording

and and i hope we but well i

Similar wording