civus
Hearing video

ZBA Hearing - August 12, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 12, 20203h 45m

and we're live I'm sorry we're live now sorry the court reporter is here okay

Similar wording

very good I'm here thanks you're right oh good good

Similar wording

yes anyone out there in cyberspace please begin signing on

Similar wording

Well, Frank's cheering, so he's going to be the one to say stuff, right?

Similar wording

Carol, you're not muted.

Similar wording

I muted her.

Similar wording

You want me to be muted?

Similar wording

No, you were talking.

Similar wording

We could hear you, so.

Similar wording

Oh.

Similar wording

Okay, it looks like it's a go, Frank.

Similar wording

Okay.

Similar wording

Okay, good morning, everyone.

Similar wording

My name is Frank DiCicco.

Similar wording

I'm the chair of the Zoning Board of Adjustment.

Similar wording

I'll be participating in today's hearing along with the Vice Chair, Ms. Carol Tenere,

Similar wording

our Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James Snell.

Similar wording

Board Administrator, Tanya Sunkit, and Board Attorney, Sharon Saleta, are also in attendance.

Similar wording

For those of you who haven't yet participated in one of our virtual hearings,

Similar wording

I'll go through some of the basics of what you can expect.

Similar wording

First, we'll begin this morning's hearings by reading a list of cases to be continued.

Similar wording

If you believe any announced cases being continued in error, we will give you an opportunity to respond.

Similar wording

After reading the continuance list and receiving any feedback, we will then take any additional continuance requests.

Similar wording

then once we've confirmed which hearings are being continued

Similar wording

vice chair tenere will begin calling the remaining cases listed for this session

Similar wording

when a case is called we ask that attorneys representing applicants or other interested

Similar wording

parties in the matter please identify themselves for the record we'll then hear the applicant's

Similar wording

presentation followed by any presentation by attorneys representing other parties

Similar wording

interested parties and members of the public not represented by council will then be given an

Similar wording

opportunity to testify we will finally hear the recommendation of the planning commission

Similar wording

at the hearing's conclusion we will either vote the matter immediately or hold it for discussion

Similar wording

in executive session any case held for discussion will be voted at the next scheduled

Similar wording

Wednesday meeting at 9.30 a.m. Please note the following changes related to the virtual format.

Similar wording

First, we will be administering oaths to individual participants prior to testimony.

Similar wording

Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

Similar wording

identify themselves prior to speaking or testifying. Third, we'd like to advise everyone

Similar wording

that this proceeding is being recorded and that by participating, you acknowledge your agreement

Similar wording

to be recorded. Fourth, anyone participating by phone, if you wish to testify, you must raise your

Similar wording

hand by hitting star nine and then star six to unmute yourself. Again, if you're participating

Similar wording

by phone or wish to testify, you must raise your hand by hitting star nine and then star six to

Similar wording

unmute yourself. Finally, to enter an appearance statement, call Google pound 267-270-5548. That's

Similar wording

Pound 267-270-5548

Similar wording

and leave your email address

Similar wording

and the address of the property at issue.

Similar wording

With that said, we will begin.

Similar wording

But before Ms. Tenere calls our first case,

Similar wording

we'd like to announce that the following matters

Similar wording

are being continued.

Similar wording

Calendar number 4-0-0-0-0

Similar wording

1722 Master Street, calendar number 40099, 1800 Master Street, and calendar number 4001.

Similar wording

And calendar number, 4-0-0-0-1, 5-9-5-1, Kimball Street, K-E-M-B-L-E Street.

Similar wording

Sharon, did I leave out the one for Adam, or does that come next?

Similar wording

No, no, I cast her out. I'm sorry. I'll hold off for a minute.

Similar wording

All right, if there's anyone believes that we call the case to be continued in error,

Similar wording

please raise your hand at this time.

Similar wording

no hands up chair thank you are there any other requests for continuances or withdrawals please

Similar wording

raise your hand we have verne anastasio you can unmute yourself and speak

Similar wording

Good morning, Mr. Anastasio. Please identify yourself for the record. Spell your name,

Similar wording

please. Good morning, Mr. Chairman. Vern Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut Street,

Similar wording

Philadelphia, 19107. I just wanted to confirm, Mr. Chairman, that I heard correctly.

Similar wording

1720 and 1722

Similar wording

Master Street are both being continued. Is that correct?

Similar wording

1722 Master and

Similar wording

1800 Master are both being continued.

Similar wording

I think I put a request in for 1720

Similar wording

and 1722, sir.

Similar wording

I don't represent the other 18.

Similar wording

Tonya, could you help us out? Because I don't have the other, the 17.

Similar wording

It was on the same letter of request.

Similar wording

What's the calendar number on that one?

Similar wording

400000.

Similar wording

Was that one listed for today, Vern?

Similar wording

Both were listed. 1720 and 1722.

Similar wording

and

Similar wording

what was the calendar number 1720

Similar wording

one second what is the calendar number

Similar wording

I'm pulling it now

Similar wording

I don't have the letter in front of me but I'm searching

Similar wording

for

Similar wording

it was all in the same

Similar wording

continuous request letter

Similar wording

but let me take a look right but I don't have it listed that's why I was

Similar wording

wanted to make sure that you saw it listed understand there is another

Similar wording

master street property that was announced just continued and that and

Similar wording

burn is not the attorney in that case that's right the 1800 1800 right that's

Similar wording

correct. I'm pulling it up now. I only have the calendar number ending in 147 on this letter,

Similar wording

but the address is the letter dated July 23rd of this year.

Similar wording

But that other address is not listed for today?

Similar wording

Both were listed for today at 930.

Similar wording

We don't have it listed, Vern.

Similar wording

Okay.

Similar wording

I'll check into it.

Similar wording

It looks like it's listed for August 18th.

Similar wording

So if you want those to be listed together and heard together,

Similar wording

and you can just send that to me but that one wasn't listed for this morning. I understand

Similar wording

thank you very much sorry to tie you up. No problem. So we don't need to read it on in the

Similar wording

record because it's not on the list anyway correct? Correct. That's correct. Okay anyone

Similar wording

else requesting a continuance or withdrawal please raise your hand.

Similar wording

so i would think that we should state uh or resend the continuance of 1800 right sharon

Similar wording

i'm sorry the um 1800 is leo mulbehill's case and he did request a continuance

Similar wording

Okay. That's not Vern's case. It's a separate case. Yeah. Sounds good. So I have a Rosemary

Similar wording

Thomas with her hand up. Rosemary, you have been allowed to speak. You can unmute yourself

Similar wording

and discuss your continuance request. Hi, my name is Rosemary Thomas. I'm the

Similar wording

Hi, my name is Rosemary Thomas. I'm the president of the Old Richmond Civic Association. My address is 2621 Memphis Street. I want to thank you for your patience.

Similar wording

president of the Old Richmond Civic Association.

Similar wording

Ms. Thomas, excuse me for interrupting. Would you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Thank you. Please proceed.

Similar wording

um i am just here to speak to uh 2501 east haggard street the decision to the vote was

Similar wording

held until this week so uh our civic and the development team could come to an agreement

Similar wording

on a community benefits agreement this is sharon saletta the board's attorney

Similar wording

um that matter will be voted next we understand that a um that no agreement has yet been reached

Similar wording

that it's still expected one will be reached but the board will be voting it this morning

Similar wording

okay thank you there's no opportunity to give more time for an agreement to be reached

Similar wording

no i think one week was what was permitted okay thank you thank you miss thomas anyone else

Similar wording

wish to

Similar wording

ask for continuance or withdrawal?

Similar wording

No hands up at this time,

Similar wording

Chair.

Similar wording

Thank you, Tanya.

Similar wording

Okay, Carol?

Similar wording

Okay, calendar number 38666

Similar wording

2501

Similar wording

East Haggard Street.

Similar wording

And again, the status

Similar wording

at this point is

Similar wording

that the agreement has not yet been reached, but the parties continue to work on one

Similar wording

so the board can go forward and vote.

Similar wording

Let me get my notes here, what I do with this.

Similar wording

All right, calendar number 38666, 2501 East Haggard Street.

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

thank you that's it okay calendars numbers four zero zero nine two and four zero zero seven four

Similar wording

1404 and 1421 napa street the attorney is brett feldman

Similar wording

Brett, you've been promoted to panelists.

Similar wording

You can unmute yourself to speak, and you can also share your screen as necessary.

Similar wording

Mr. Feldman, would you please put your name and address on the record?

Similar wording

Sure. Good morning, members of the board. Brett Feldman, 1835 Market Street, Philadelphia, Pennsylvania, 19103. I represent the owner and applicant of both properties, 1404 South Napa Street and 1421 South Napa Street.

Similar wording

Okay. Do you swear or affirm to tell the truth and nothing but the truth?

Similar wording

I do on both cases.

Similar wording

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

Similar wording

I do. Okay, you may proceed. Sure. Again, these are consolidated cases and can the board see

Similar wording

my screen right now? Not yet. Not yet.

Similar wording

One second here.

Similar wording

Can you see the screen now?

Similar wording

Yes.

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

So these are, let me just start at the beginning here.

Similar wording

The board might remember back, it seems like forever now, but back in the late fall, early

Similar wording

winter we had we were in front of the board on ten other cases on this block

Similar wording

10 other cases on this block of South Napa Street.

Similar wording

of South Napa Street this is a block that's located

Similar wording

This is a block that's located in the Grace Ferry neighborhood between Reed and Dickinson.

Similar wording

And you'll see at exhibit tab four, we were here back, again, back in the late fall, early

Similar wording

winter for, I think it was 10 other single-family homes on this block, which is zoned single

Similar wording

family.

Similar wording

And the board approved the exact same design as proposed today for these two single families.

Similar wording

We tried to get these two single-family cases on that agenda, and we couldn't get that through L&I.

Similar wording

So that's kind of what's going on here.

Similar wording

You'll see the exhibits.

Similar wording

Exhibit one is the, and I'll just take you through this slowly here, is the deeds.

Similar wording

These are the deeds for the two properties.

Similar wording

Tax clearance is right here for 1421 and for 1404.

Similar wording

And this is maybe the, just to best orient the board, what you're seeing in front of you here, all the red is what the board previously approved. This is a single family block, and it was 1400, 1407, 1409, 1411, 1929, 32, 45, 46, and 48 South Napa Street, all in the red.

Similar wording

the two blue, both on the zoning map on the left and the aerial on the right, are the cases that

Similar wording

we're here for today, which are, again, the same exact single-family homes. Like those earlier

Similar wording

cases, the primary relief that we're seeking here is on the rear yard. You need nine feet in the

Similar wording

rear yard. We're at 5.8. And like the other homes, we match up with the proposed homes that were

Similar wording

approved as well as the other homes that were here. It's just these are, you know, relatively

Similar wording

small lots. So the additional feed contextually made sense for the homes as well as on the block.

Similar wording

And what's interesting here is you'll see on both of these properties, the 1404 and the 1421, there's a shared driveway used in the rear, which is actually part of our property, which with a quirk in the zoning code is not counted as part of your rear yard, despite the fact that that's another six feet of our rear yard that we have here.

Similar wording

So we actually have, I think it's 12 feet instead of what you required, the nine feet.

Similar wording

So I'll move the board and I'll show you the rest of the photographs here.

Similar wording

Here's the block.

Similar wording

These are where the homes are prepared.

Similar wording

There's the posting.

Similar wording

There's a zoning notice.

Similar wording

We've worked closely over the last six to eight months with the community group,

Similar wording

Tasker Morris Neighborhood Association.

Similar wording

They had strongly supported the first set of 10 homes, and you'll see at exhibit tab

Similar wording

three, you'll see the strong letters of support again.

Similar wording

This one is for 1421, and the next one is for 1404.

Similar wording

We did have a Zoom meeting back on July 2nd, which we presented these homes as well and

Similar wording

had this expression of support.

Similar wording

You'll see at exhibit tab four, here's the prior approvals and the zoning permits.

Similar wording

for those other homes. And let me just get you to the actual refusals. And here is the actual

Similar wording

plans themselves. This is what the homes look like. They're three-bedroom homes. They're rear

Similar wording

loaded for the parking in the rear that comes down that shared driveway aisle. They've got a

Similar wording

little outdoor area in the front, which provides some outdoor space, a small balcony at the second

Similar wording

floor and a roof deck atop. And that's the home at 1404. Here's the one at 1421. Here's the floor

Similar wording

plans, again, showing that layout. And here's the renderings, which, again, are identical to those

Similar wording

other, I think, 10 homes that the board approved. We have our project architect on the phone,

Similar wording

Logan Dry who is available to talk about any of the details of the homes

Similar wording

themselves and we also have our client utility two by USC Abraham who is

Similar wording

available Logan is there anything that you wanted to add to my presentation as

Similar wording

far as the homes themselves and how we've tried to work these into the

Similar wording