civus
Hearing video

ZBA Hearing - July 14, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20202h 14m

Okay, we're public.

Similar wording

Okay. Good morning, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of

Similar wording

Adjustment. We have a quorum. I'm officially calling this session to order. In attendance

Similar wording

is our vice chair, Ms. Carol Tenere, our board secretary, Mr. Confessor Plaza, and our board

Similar wording

member, Mr. Thomas Holloman. In addition, our legal counsel, Sharon Saleta, is joining in

Similar wording

today's hearings. As you know, today's the first day. We're doing this virtually, so

Similar wording

we'll ask everyone for your patience. Bear with us. There's a lot of work that went behind getting

Similar wording

this day in order, and we can't thank staff, our legal counsel, and the other members of the

Similar wording

Planning Commission for your hard work to get us here today. As you're probably aware, and I just

Similar wording

mentioned that, so I'm ad-libbing a little bit of this. While we may have to make adjustments along

Similar wording

the way, our plan is to call each case and basically proceed as we would have in a live

Similar wording

hearing. We ask that attorneys for applicants or other interested parties identify themselves for

Similar wording

the record, please spell your name for the stenographer, when the case you will be participating

Similar wording

in is called. We will then hear the appellant's presentation, followed by any presentation by

Similar wording

attorneys representing other parties. Interested parties and members of the public not represented

Similar wording

by counsel will then be given a three-minute opportunity to testify. We will finally hear

Similar wording

the recommendation of the Planning Commission. At the hearing's conclusion, the board will either

Similar wording

vote the matter immediately or hold it for discussion in executive session. Any case held

Similar wording

in discussion will be voted on the record at the scheduled July 21st morning session.

Similar wording

A couple of changes related to the virtual format. First, we will be administering oaths

Similar wording

to individual participants prior to their testimony rather than to the room as a whole,

Similar wording

obviously because we don't have a room second for the benefit of anyone participating by phone

Similar wording

we ask that attorneys and witnesses identify themselves prior to speaking or testifying

Similar wording

third we'd like to advise everyone that this proceeding is being recorded

Similar wording

and that by participating you acknowledge your agreement to be recorded

Similar wording

i just want to also recognize we have our board member board members uh tanya sunkett and her

Similar wording

staff and representing the planning commission is um paula brumbello uh is representing the

Similar wording

planning commission with that said we can begin but before calling our first case we'd like to

Similar wording

announce that the following matters listed on today's agenda are being continued. 7158

Similar wording

Toursdale Avenue, calendar number 37545, calendar number 39231, 106 Sparks Street,

Similar wording

3114 by Berry Road, calendar number 384447 are being continued and the participants or the

Similar wording

interested parties will be notified by the Zoning Board staff, by the Board Administrator on the day

Similar wording

on which those cases will have been rescheduled to. And if I missed anything, would Sharon or

Similar wording

Tanya, please weigh in at this time.

Similar wording

Sounds good

Similar wording

to me.

Similar wording

We're ready?

Similar wording

Please call the first case.

Similar wording

Calendar number 39232.

Similar wording

The address is 1027

Similar wording

North Front Street.

Similar wording

The attorney is Adam Laver.

Similar wording

Can you hear me?

Similar wording

Good morning.

Similar wording

Good morning.

Similar wording

Good morning, Adam.

Similar wording

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

Similar wording

Adam, can you hear us?

Similar wording

Yes, I can hear you now.

Similar wording

I apologize.

Similar wording

Technical difficulties.

Similar wording

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

Similar wording

Yes, Mrs. Tenere, I do.

Similar wording

Thank you. Can you put your name and address on the record?

Similar wording

Yes. Mr. Chairman, members of the board, Adam Laver of Blank Room, 1 Logan Square, on behalf of 1025 North Front Street, LP.

Similar wording

on behalf of 1025 North Front Street, L.P.

Similar wording

Please proceed, Mr. Laver, with your testimony.

Similar wording

Mr. Laver, I'm sorry, you said 1025?

Similar wording

Yes, 1025 North Front Street, L.P.

Similar wording

Thank you.

Similar wording

Thank you very much.

Similar wording

That goes through to 31, right?

Similar wording

1031?

Similar wording

Yes, it does, Mrs. Tanarin.

Similar wording

Okay.

Similar wording

It's very good to see everyone in these difficult times.

Similar wording

Thank you to the staff, the professional team, for making this happen.

Similar wording

I'll proceed at this point.

Similar wording

I've shared with Council for the Zoning Board,

Similar wording

and hopefully all members of the Board have an exhibit package with Exhibits 1 through 12.

Similar wording

The 8,500 approximately square foot unimproved subject property is located in the shadow of I-95 with frontage along both Front and Allen Streets. The parcel is owned CMX3.

Similar wording

The proposal before you, members of the board, which to my knowledge has extensive 100% support

Similar wording

from all parties, is to stripe this otherwise practically unusable parcel for off-site parking

Similar wording

for the Fillmore Theater to accommodate 16 cars with access off of Front Street.

Similar wording

You can see the proposed site plan at Tab 12. The project has been reviewed by Councilman Mark

Similar wording

Squilla, is unanimously supported by the Fishtown Neighbors Association. The community meeting with

Similar wording

FNA preceded the stay-at-home orders and was an in-person meeting with numerous neighbors. You

Similar wording

can see that support at Tab 5. This is not a variance case. It is a referral case. You can

Similar wording

see at tab nine the referral the use requires special exception review the proposed use members

Similar wording

of the board is in keeping with goals previously discussed with the community surrounding the

Similar wording

development of the Fillmore to accommodate parking needs at appropriate locations surrounding the

Similar wording

venue this particular spot as you'll see in the photographs is truly unsuitable for very much

Similar wording

unfortunately, due to the shadows cast by I-95 and the nature of the infrastructure surrounding

Similar wording

it. And that, I would submit to you, is why we have the support of FNA. In this instance,

Similar wording

this will provide needed parking, upgraded landscaping and lighting, as noted in the RCO

Similar wording

support letter. The proposal fits into the surrounding neighborhood as evidenced by the

Similar wording

extensive support, and this all speaks to the granting of relief being of benefit to the public

Similar wording

and within the spirit of the zoning code. Amanda Bennett, on behalf of the ownership, is here today

Similar wording

to answer the board's questions and, if given the opportunity, to adopt and affirm the testimony

Similar wording

that I've offered as her own. At this point, I'll pause in case the members of the board have any

Similar wording

question I should note one additional piece of information that some months

Similar wording

ago we had come before you the same ownership for a case at 25 Richmond

Similar wording

Street the same type of issue same type of support and we were pleased in that

Similar wording

instance that the board granted that referral as well thank you any questions

Similar wording

from the board. Is there anyone else who wishes to testify on this matter?

Similar wording

Okay, please raise their hand.

Similar wording

As I mentioned, if the board wishes, Amanda Bennett is available to adopt and affirm at

Similar wording

the appropriate time. Do we need to have that, Amanda?

Similar wording

all right yes for the record if she can do that that would be helpful

Similar wording

okay amanda please yes i i good uh would you please state your name and address for the record

Similar wording

amanda amanda bennett b-e-n-n-e-t-t 319 portsmouth p-o-r-t-s-m-o-u-t-h road cherry hill

Similar wording

New Jersey 08. Thank you. And you're here on behalf of the owner of the subject property,

Similar wording

is that correct? You're here on behalf of the owner of the property, correct? Correct. Thank

Similar wording

you. And were you able to hear the testimony, Ms. Bennett, that I offered today? Yes. Would

Similar wording

yes would you adopt and affirm that as your own yes thank you miss better

Similar wording

you adopt and affirm that as your own? Yes.

Similar wording

thank you miss bennett um questions from the board anyone else wish to testify planning commission

Similar wording

we have no objection to the granting of the variance at this location or special exception

Similar wording

thank you calendar number 39232 1025-31 north front street my vote is yes

Similar wording

my vote is yes my vote is yes my vote is yes good luck thank you thank you mr labor thank you

Similar wording

members of the board uh i hope everyone stay as well stay safe everyone thank you thank you

Similar wording

next calendar number three seven nine four eight thirteen twenty eight south 9th street

Similar wording

this case is a reconsideration I believe the attorney for this case is

Similar wording

Stephanie Boggs it says yes Claire Harrison and yes the attorney is Stephanie

Similar wording

Boggs good morning Stephanie good morning how are you well we received

Similar wording

notice for this hearing that it was scheduled for next Tuesday on the 21st

Similar wording

of July at 930 so our posting was submitted in connection with that date

Similar wording

as you said it's just simply a reconsideration of the vote a limited

Similar wording

hearing particularly to consider the most recent letter that was submitted

Similar wording

by Passing Square Civic Association

Similar wording

Karen will nothing seems that doesn't appear that anything will change if but are we bound to pull

Similar wording

this next week since that's what the notice indicated my only concern is because this is

Similar wording

a reconsideration is there a representative of the RCO that requested the reconsideration here

Similar wording

anyone here from peshunk square yes i think to go forward they would have to

Similar wording

have someone here someone is here from peshunk i believe suzanne is on the call

Similar wording

um and she is able to be unmuted i think she is logged into this call suzanne tavani

Similar wording

Tavani. Suzanne, good morning. It's Suzanne Tavani for the Passion Square Civic Association.

Similar wording

Suzanne, before you begin, just please spell your name for the stenographer.

Similar wording

Sure. Tavani is T-A-V-A-N-I. First name is Suzanne, S-U-Z-A-N-N-E.

Similar wording

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

Similar wording

yes I do thank you so because of the note do you have any problem with us

Similar wording

having a reconsideration hearing today well I don't have a problem I'm ready

Similar wording

for today because I saw on the notice that was sent out with all the dates of

Similar wording

all the cases that today was our date I made my my time I'm not at work I other

Similar wording

people have made time to participate and um just hope that you know we should be we should have

Similar wording

this consideration so were there others on this call who uh from passing square beside yourself

Similar wording

i believe angel dippolito was on or will try to be on and john de julia sarah anton i think

Similar wording

has all also been on but i'm not too sure if they're if they stayed on or they've jumped off

Similar wording

i'm not too sure but i i am here and i'm ready to present our our case uh maybe what we could do

Similar wording

and i guess this is a question for uh sharon and tanya uh we can proceed uh with the today's

Similar wording

hearing and maybe hold a week before we vote it just in case someone raises the issue about the

Similar wording

notification not being as accurate as it should have been because some people may think it's next

Similar wording

week as opposed to today. Does that make sense? Stephanie, are you prepared to go forward?

Similar wording

Stephanie, are you prepared to go forward?

Similar wording

No, we were prepared to present next week in accordance with the notice that was circulated.

Similar wording

So as I said, it's a limited scope of this hearing, and we welcome the participation of the RCO.

Similar wording

But the notice and the posting were both scheduled for next week.

Similar wording

So if the board chooses to proceed, we can certainly honor that.

Similar wording

But we were intending to present this hearing and address their concerns at next week's meeting.

Similar wording

If we were to split the hearing into two parts, could we take the testimony of the

Similar wording

representatives of the RCO who are here today?

Similar wording

Would you object to that, Stephanie?

Similar wording

How long does it take to get in?

Similar wording

Hello?

Similar wording

Suzanne?

Similar wording

that's john julia john de julius attempting to speak yes i mean i'm not sure i understand

Similar wording

exactly what's going on it said something about the posting and that's why they're not ready to

Similar wording

proceed because the posting was not correct or there was some failure in posting with notice

Similar wording

but the notice that we received from the zoning board scheduled the hearing for july 21st at 9 30

Similar wording

am and everybody else received one that said it was today I don't I don't know

Similar wording

how that probably about two weeks on both the front and back wall you know as

Similar wording

far as the actual posting and we communicated you know with Suzanne she

Similar wording

sent the information out and we went back and forth on it so it's been out

Similar wording

there for a couple weeks, I think. We've also been in communication with Suzanne, including sending

Similar wording

her the notice that we received from the zoning board. You know, if possible, we would request

Similar wording

that this can be heard next week, so as not to prejudice our client, who was prepared to present

Similar wording

in accordance with the notice we received from the zoning board. This is like, this is like

Similar wording

attempt number five or six, between the zoning, between the DBA, and the meetings that we had

Similar wording

locally john john that's not unusual i mean

Similar wording

there are some revisions that's how you got to the revisions because there's

Similar wording

been interaction between the rco and the applicant

Similar wording

uh again today's our first day that we're doing this virtually

Similar wording

uh we expected there will be some issues but we're trying to get cases that have

Similar wording

been sitting on the docket for the last four months

Similar wording

as a result result of the code so we ask everyone to

Similar wording

the understanding of the situation that we're in what we're trying to find out

Similar wording

is if we can proceed today hold off on any vote apparently it sounds like the

Similar wording

RCO is ready but not being disrespectful but the attorney for the applicant is

Similar wording

concerned I think that because the notification said the 21st you wouldn't

Similar wording

want something to come up later on and say you had a hearing on a day that it

Similar wording

wasn't posted but something to that mr. chairman I would support splitting it in

Similar wording

two because I have neighbors here who have made the time I will make the time

Similar wording

next week to to jump on again but this has been going on for quite some time as

Similar wording

you know we weren't advised of the July the January 8th hearing which is not

Similar wording

lost on us uh so we're a little bit you know taken aback but i'm i'm ready to proceed now

Similar wording

and i will present my testimony and i will jump back on next week when uh the applicant's law firm

Similar wording

is um able to do so also today we'll just be taking testimony sharon is that you suggested

Similar wording

splitting into does that make sense um it does stephanie do you object to

Similar wording

that that the yes yes i do we would like the

Similar wording

ability to respond in real time to their concerns

Similar wording

and to their comments and because of the posting date that was originally sent

Similar wording

out we are not prepared to do that today

Similar wording

so in accordance with the date that was sent out on the poster and the notice

Similar wording

that we received from the zoning board we would request that all testimony can

Similar wording

be heard next week and we have the opportunity to respond

Similar wording

at that hearing. I think, given the objection, it will have to be continued.

Similar wording

Question for Tanya. Will we be able to have this on the calendar for next week? Is there

Similar wording

anything that would prevent us from doing that? No. We can hear whatever you wish. Okay. All right.

Similar wording

Just want to make sure. Thank you. Suzanne, unfortunately, and John, we appreciate,

Similar wording

and whoever else is on the call but the notice was for the 21st and we have to adhere to that

Similar wording