Minutes for all.
We're live.
Tanya, we're going to go.
As you wish, sir.
Good morning, everyone.
My name is Bill Bergman, and I will be chairing this morning's EBA hearings.
With me is Carol Tenere, our vice chair.
Present.
Ishmael Shahid, our board secretary.
Present.
Thomas Holman, a board member.
Present, Mr. Chairman.
James Snell, a board member.
It looks like Mr. Snell fell out, Chair.
But we know he's here.
Also, our board administrator, Tanya Sunkit, is here.
Our board attorney, Sharon Saleta, and also Sherman Toppin.
Before we begin, let me talk about our virtual format.
One, be advised these proceedings are being recorded.
By participating, you acknowledge your agreement to be recorded.
A video will be available by contacting our board administrator, tonyasunkett at phila.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
Three, if you are participating by phone, if you wish to testify, press star nine to raise your hand and star six to mute.
To enter an appearance statement, call 267-270-5548.
Leave your email and the address of the property in question.
And lastly, please note the question and answer box is not for comments.
Any comments should be directed to Tanya Sunkett, our board administrator.
Mr. Chairman, I apologize for that.
No, no, no.
I am present.
I hit the wrong button.
I'm sorry about that.
It cut me off.
I'd like to call case number five, MI 2021-005828, 224-30 West Top on Hawkins Street.
And could both attorneys be admitted, Mr. Phillips and Mr. Masters?
And they're both coming in now as panelists.
Thank you.
good morning uh mr chairman members of the board morning good morning mr chair members of the board
okay i'd like to swear both of you please do you swear for him to tell the truth the whole truth
nothing but the truth i do i do okay we're going to move this case to uh february 15th
and Sharon's letter will lay out some legal issues we'd like to clarify. Sharon?
Yes, because the case involves a motion to dismiss as well as an appeal against you and I,
we're asking that Mr. Phillips that you submit a brief in support of your motion to dismiss by
January 28th and Mr. Masters that you submit a reply to that brief by February 11th on the 15th
board will begin by hearing the motion to dismiss and on that because this is an appeal against
O&I there won't be any additional posting required I believe this was agreeable to both of you is
Is that correct?
Yes, it is.
Great, thank you.
Thank you very much.
Thank you.
And will that be the 9.30 a.m. listing on the 15th?
Yes, there is only a 9.30 listing that day.
Okay, thank you very much.
Thank you, Chairman Bergman and members of the board.
Thank you as well.
Go ahead, go ahead, sir.
Oh, I have more business before you later today, I believe.
All right, great.
Good to see you then.
all right um are there any continuances requested
All right.
Are there any continuances requested?
yes chair i do have a hand okay
mr knockamson you can unmute yourself uh good morning mr chair members of the board
Alan Nockmson of Nockmson, PC.
Alan, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N,
123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.
You swear for him to tell the truth, the whole truth and nothing but the truth?
Yes, sir. Proceed.
Mr. Chair, I have two continuance requests at the behest of the community,
the first of which is 2246 North 21st Street
under MI-2021-001278.
That's number four.
Okay, thank you.
And then the second continuance request, Mr. Chair,
is 1317 North 49th Street, MI-2021-002165.
I believe that's number one on your list.
Okay, thank you, sir.
Thank you.
Thank you very much.
Any other continuances?
Chair, we also have Mr. Jarrett.
Mr. Jarrett, you can unmute yourself.
Good morning, Mr. Chair, members of the board.
Jared Klein, it's K-L-E-I-N from Blank Rome,
130 North 18th Street in Philadelphia.
You swear for him to tell the truth,
the whole truth and nothing but the truth?
yes I do okay proceed sir um requesting a continuance for 5000 Warrington Avenue
that's a MI 2021-003182
we are uh engaged in an active dialogue with the council office and the uh surrounding RCOs and
we'd like to continue those conversations before presenting the case to the board
thank you very much sir thank you mr chair any other continuances yes chair we have a mr andrew
stoll good evening mr chair members of the board uh my name is andrew stoll i represent uh lisa
johannings meyer and that's j-o-h-a-n-n-i-n-g-s-m-e-i-e-r um and she is actually an interested
resident in um the the application that was just um asked for continuance so we would just join in
that request thank you very much sir thank you okay any other contingencies
no more hands here okay i'm going to go to the add-ons
mi 2021 003859 2202 lehigh avenue this request for a reconsideration
rehearing I vote no. Carol Tenere my vote is no. Thomas Hollinger my vote is no. James Snell my
vote is no. Thank you. MI 2021-003952-6237-45 Germantown Avenue. My vote is yes with proviso.
and that's with revised plans one page yes carol tenere my vote is yes with proviso
thomas halliman my vote is yes with proviso game snell my vote is yes with proviso
excuse me yes okay mr chairman yes sir
Mr. Chairman, I think I am signing on you.
Thank you very much, Mr. Holloman.
Tom Holloman, correct. Thank you.
Thank you.
And Mr. Holloman, I will let you know when to sign back on. Thank you.
Thank you.
MI 2021 000 242 1720 North 22nd Street. Attorney is Steve Masters.
And he's coming back in as a panelist now.
good morning again mr chair members of the board okay you you you were sworn yes and if i remember
correctly this was a result of hearing from before and you were in the process of presenting
witnesses am i right i'm sorry that is correct this is the third um the third hearing of on this
matter. Right. Yep. At the second hearing, Mr. Chair, we had requested a copy of the exhibit
binder from the applicant and we have not received that. So we have not been able to
fully review and evaluate the exhibits that the board was given at the first hearing.
Right. Is the other attorney here? Yeah, I'm sorry to interrupt.
No, I'm sure. Sure. Just, yep. State your name, please. And I'll swear you.
R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1521 Locust Street, Suite 605, Philadelphia, PA, 19102.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
So, Chairman, I'm actually the attorney for this matter, not Steve.
Yeah, I remember.
Steve represents the opposition.
So, our exhibit packet has not changed from the first hearing.
So, Steve does have that information.
this is now the third hearing for this matter. So I'm happy to go back through and explain where
we are, but essentially we're just looking to provide parking. None of Steve's clients actually
live on this block. They live behind the property. And we have two witnesses today that actually own
property on the block. Nobody who actually owns property on the block is in opposition. It is
just steve's client who lives behind the property um and as you probably heard from the recordings
that went on that you listened to um there's a concern about parking in general in the city
there's a concern about parking congestion on this block given the new developments coming on
and so it's again still confusing to me why we would not be supporting accessory off-street
parking when we're going to have hundreds of units on a block that have no parking available
to them. So our office and our client remains in the same position that all we hear about from
people is complaints about parking or providing parking. And we could not agree to any of the
provisos brought by Steve, as I know Ms. Saletta reviewed as well, and they essentially would
eliminate our ability to provide parking. Ms. Pritzker, could we reserve this until any more
argument until the end? Sure. A couple of things we'd like to thank you. Mr. Masters, I'm not sure
if you have done this before, but could you please, on the record, identify the clients
who are representing and state their addresses? Yes. I am now displaying our exhibit binder
and my client is listed on the top of the exhibit binder, Kayla Franks Jenkins. And that is your
only client? That is correct. Okay, thank you. Yes. She resides at, or owns property at 1741 North
Crosskey Street, which is directly behind the developments that we're here about. Okay, thank
you. And again, this is the third hearing, as the chair mentioned. There were, I believe it was
continued because there were witnesses we did not have time to um call if they could um if anyone
of those witnesses if first if you are if you wish to testify if you were here for the prior
hearing and were unable to testify could you please raise your hand
we we also have a traffic engineer um the and a report that we have submitted to the board and we
are looking for his testimony this morning as well. Did you, did you mention that at the last
hearing? Did you say that you would be doing? No. No. We have, we've, we submitted, we, we
contracted with the traffic engineer. We submitted the report last week with five days notice to the
board. That's unfortunate because this is the third hearing. It was continued only to hear
testimony from the witnesses who were present at the last hearing, but cut off. They were,
there was not enough time to allow them to testify not for the addition of a traffic report at this
stage well that is not i do not believe that the record shows that there was a limitation it was
it was to present the testimony of the community and and um and the rcos who did not testify and
we have we have uh supplemented that with a with a traffic engineer that i know i'm sorry that does
uh supplemented that with a with the traffic engineer that i know i'm sorry that does not
It's not natural.
naturally get that will not be included so just move on let's call the witnesses again
these are witnesses who were present at the last hearing and were unable to testify
i'm going to call um kayla franks jenkins i'm gonna object she has already testified at the
last two hearings and i unless it's something new and it is something new for her testimony
it it is something all due respect to the board that's now heard this same thing three times steve
um unless she has something new and different i don't i i don't think it's appropriate to continue
to allow the same person to testify it's supposed to be for new people who didn't get a chance to
testify exactly mr masters wait wait steve does she have something new she does all right mr
masters was it not only something new but something that she could not have known about
at the prior hearing yes okay limited to that yeah i got it but we're going to swear her and
she'll testify to that and we'll we'll try to move this okay thank you thanks would you have her raise
her hand please and ms jacques you can unmute yourself and wait for the chair
she's available chair could you state your name and spell for the court reporter
Kayla, K-A-L-A, last name is F-R-A-N-K-S, dash J-E-N-K-I-N-S.
All right.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
All right.
Mr. Masters, proceed.
Thank you, Mr. Chair.
I'm going to share my screen again.
um miss franks um jenkins did you um did you happen to take um any videos recently of some
of the properties um that we are that we are talking about today yes okay i'm gonna show you
i'm gonna object to entering new evidence at this point
excuse me let me interrupt for one minute if this is something that she could have presented
in her prior testimony unless something drastic has changed about this location
in the since the last hearing um what has changed that she now needs to add to a record
not a video that she could have taken previously i'm i'm sorry mr chair members of the board but
this is not what what is happening here is not legally permissible for proceeding before the
zoning board it is not permissible to restrict to restrict our testimony in in certain parameters
without also restricting the applicant's testimony in the in the same way we are presenting our case
and now we are being told that evidence that we have um that we have produced that we want to show