Good morning, everyone. My name is Bill Bergman, and I will be chairing this meeting of the
Philadelphia Zoning Board of Adjustment. With me is our Vice Chair, Tadetta Graham.
President, Mr. Chairman.
Board members, Michael Johns.
President, Mr. Chairman.
Maya Nguyen.
She should be here any minute. Ryan McAdams.
President, Mr. Chairman.
Layla Beebe.
President, Mr. Chairman.
Also, here is our attorney, Lynn Reuter-Huber, our Executive Director, Ian Haggerty,
and our board administrator, LaKeisha Dandy.
This hearing is to be recorded and will be posted on the ZBA website.
By participating, you consent to be recorded.
This is an in-person meeting with remote participation.
Whether in person or on Zoom, if you're called to speak,
please state and spell your name, wait to be sworn in,
and then every time you testify, please state your name again.
To enter an appearance, indicate the address on your Zoom webinar, speak with a staff member.
Call the ZBA office by the close of business tomorrow.
Please call 215-686-2429 and also provide your name, your email, and the address of the property.
Remote participation.
participation. Raise your virtual hand when directed. When we call you, ensure that you
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and star 6 to unmute. In-person participation. If testifying, make sure you're close to the
mic so that all present and also the court reporter can hear you no talking eating or drinking during
the hearing aggressive behavior will not be tolerated in in case of emergency please follow
the instructions of the staff the main exit is the two double doors in the rear and there's
a stairwell just to the left outside in case of an evacuation please go to love park remain
there so that we can account for you later let's look at our schedule for this morning
number three mi 2025 005 548 1925 denny street that case is continued continued until tuesday
October 27th at 9 30 a.m. Number four MI 2025 007 219 1828 Brooklyn Street that case is continued
until October 14th at 9.30 a.m.
Number six, MI 2026, 006, 003, 001, 6236 North Broad Street.
That case is continued until October 27th at 9.30 a.m.
and number seven
mi2026 003 018 4810 aspen street that case is continued until october 27th at 9 30 a.m
are there any other requests for continualties
i see no hands chair thank you we're going to go to number one
mi 2024 007 291 4005 brown street verne anastasio is the attorney
this is a resumptive hearing
verne anastasio is coming in as a panelist thank you
all right let me start doing these number three morning mr chair members of the morning um could
you please state your name and spell for this monographer yeah my name is verne anastasio a-n-a-s-t-a-s-i-o
on behalf of Ms. Lily Gao. Right. Do you swear or affirm to tell the truth, the whole truth,
and nothing but the truth? I do. Counsel, this is a resumptive hearing. Yes, sir. The way we will do
this, you will give us an update. There'll be questions from the board, questions from the
public, and then the Planning Commission will take a position. Very good. May I share my screen?
Pardon me? Please. May I share my screen? Yes, please. Thank you. Just to give you a brief
Just to give you a brief recollection, it's 4,005 Brown. This is an RM1 adjacent property. It's immediate adjacent to RM1 properties. It's long neglected, left to rot for years.
recollection it's four thousand five brown
It's near several vacant lots and boarded up properties as well. So the redevelopment and the occupancy is a welcome change by the RCO, who voted two to one in support, not non-opposition, but in full support.
which i believe you've received that letter and i have it here page 39 of my exhibit packet
as well the photos submitted just for a point of clarity uh previously submitted are in fact
of existing conditions the property has not been renovated or redeveloped as of yet so this board
has the exact of the photos as it currently exists my my client of course we went through
the rco process met with immediate neighbors uh and to the extent that there were any concerns it
was about trash interior making sure that there was interior and exterior trash storage um but
beyond that when we were here last we did not have the rco letter and we were waiting for that so
with that i'm going to rest okay um questions from the board
questions or comments from our attorney no questions at this time questions or
comments from the virtual audience we're here no hands chair planning commission
I'm sorry.
Pardon me.
Where's Ian?
Okay. Okay. Well, okay. So Vern, we had a problem with planning here.
We'll vote this next week after planning takes a position. Okay.
I understand. Thank you very much.
All right. Thank you.
Have a good day.
okay all right all right so
yep i got it okay
number two
MI-2025-003-858-510-28A Street.
call from the bureau
Mr. Reuter
Darren Steinberg
and Edward
Tomset
morning Mr. Tomset
how about
Paul Bonney
That's okay. Why don't we start? Mr. Primavera, could you please state your name?
Yes. Carl Primavera, P-R-I-M-A-V-E-R-A, along with my colleague Stephanie Boggs, B-O-G-G-S.
We're at Claire, K-L-E-H-R Harrison, law firm. We represent the applicants in regard to this request for variance removed.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Mr. Reuter.
Thank you. You may please the board. Leonard F. Reuter, R-E-U-T-E-R, Senior Attorney, City of Philadelphia.
Mr. Chair, the city is-
One, I swear you first. Okay. All right. Do you swear or affirm to tell the truth, the whole truth, or the truth?
Now, one of you.
The city's understanding is that our initial involvement in this case was because the original appellants were raising a challenge to the refusal.
That particular appeal has been withdrawn, and therefore that's the city's position that that particular challenge to the refusal is no longer an issue.
therefore the city doesn't have any uh direct um involvement in the case sure i'm going to be back
here a while okay all right well well thank you we appreciate you staying needed we're here okay
Okay, thank you. Mr. Steinberg?
Thank you. Mr. Steinberg?
Yes, good morning, Mr. Chair, members of the board. My name is Darren Steinberg. D-A-R-I-N-S-T-E-I-N-B-E-R-G. I'm here on behalf of the near neighbor Protestants, Sean Sullivan and Cade Ota, husband and wife, as well as Jack Wassey and Elizabeth Kim, also husband and wife.
All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you. Counsel? Mr. Thompson?
Good morning.
Guy, could you please state your name and spell for the sonographer?
Yes. My name is Edward Thompson, T-O-M-P-S-E-T-T.
I'm an attorney here. I'm representing myself as the property owner of the immediately adjacent property at 530 South 8th Street.
All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Mr. Bonney, are you online?
Yes, I am.
Good morning, sir.
Could you please state your name and spell it for the stenographer?
Yes, Paul Bonney, B-O-N-I, for the Lombard Muse Owners Association.
Right.
Do you swear or affirm that tell the truth, the whole truth, and nothing but the truth?
Yes, I did.
So to give everybody what our game plan is today, right, we've had tons of people sitting
here for the last time.
I know.
I got people here listening.
what we want to do is go to the public first we're going to take public testimony today from
the people in the audience and we'll see where we end up with that okay um what uh just for the
record mr chairman uh i've closed i'm sorry i've uh closed my case i know you did i know you did
but i have nothing further but i agree we should hear all the public comments right right but if
I remember correctly, you were getting ready to cross. I'm going to waive that. Okay. So why don't
we do that? Everybody understand we're going to do public testimony, but please be here. If we
have a lot of time left, then we're going to try to go on with a couple other things. All right.
Thanks. Thanks, everyone. Um, we sit down and let people, I would think at least one seat that
people could sit why don't we uh all right so public testimony um and and just just so everybody
knows when we do public testimony when we have this large of a crowd we do have a policy where
the public testimony will be two minutes that you will come up give where you stand with it
and then you know you'll take a seat so um if it makes any sense should we go by row maybe
Right? So people in the front row here who want to testify, please come up.
Good morning, Sarah. Come on up.
Sure, either. Please take a seat. Relax.
Get as close to the mic as you can.
I did. I did. Yeah, yeah, yeah, yeah, yeah, yeah.
say so good morning sir could you please state your name and spell for the stenographer
do you swear or affirm to tell the truth the whole truth nothing but the truth
and sir just as you as you've known could you in two minutes tell us where you stand on this
project. Chair, I apologize. This is the reporter. I did not hear the gentleman. Okay, we'll do it
again. Get that mic closer to you if you don't mind. Okay, try it now. Name? Yes. John Deku,
J-O-H-N-E, capital C-O-U. All right. And thank you very much for waking up the room. We all
appreciate that. Could you please give us in two minutes where you stand on this project? Yes.
In paragraph three of his May 18, 2026 letter to the Zoning Board, Mr. Primavera states, quote, we base our legal position on the literal terms of the code, close quote.
The code states, quote, educational facilities must be in a completely enclosed, detached building, close quote.
this an unambiguous mandate every habitable space must have at least one
openable window for access to natural light and air November 2025 floor plans
show three offices a gymnasium a commercial kitchen and a preschool
classroom having no windows there likely will be more windowless habitable
spaces when bedrooms and a kitchen are added to the residence floor plan common sense says
are added to the residence floor plan common sense says emergency responders must be able to access
more than one side of a school in order to effectively fight a fire or stop a shooter
we understand that what is your position can i finish this if it's within the next minute please
Okay. This building fails to meet vital health and safety, literal terms of the code. Yes, there are four charter schools in pre-1970 buildings attached on two sides, but three sides? The code does not even mention the possibility of buildings attached on three sides. Could this be because it has never occurred to the commission that someone would actually oppose one?
I have to ask if the code makes no provision for the existence of buildings attached on three sides, does the zoning board have the authority to approve one for construction or use?
I think it does not.
Thank you.
So your position is you're against this?
Absolutely.
Thank you very much for coming in.
We appreciate it.
Next person.
Thank you.
I'm also a near name.
Good morning.
Good morning.
Could you please state your name?
Well, wait a minute.
State your name is spelled for the stenographer.
Lisa Rosen, R-O-S-E-N.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Ms. Rosen, you have two minutes to please tell us your position.
I'll speak fast.
I am in opposition to the school at this location.
I am a near neighbor in opposition.
The school is a good idea in a bad location.
Current zoning should be enforced and upheld without variances.
I joined my voice with dozens of my similarly opposed neighbors who all live within half a block or less of this proposed project.
It is we who must feel the money negative effects that a cramped and oversized school will bring to our currently residentially zoned neighborhood.
The support of this project by people well outside the near neighborhood is irrelevant because no one is contesting the merits of adding a school for this purpose to our community.
but rather the debate is about the eight variances sought I think it might be seven
to wedge this into a limited space bypassing essential city-wide school safety standards
and creating daily traffic impediments along the already busy 8th street corridor granting
the variances sought will set unwanted precedents for other school projects throughout the city
to forego similar safety requirements and pierce the sanctity of any residential zoning protections
anywhere in the city primary concerns are maintaining the safety of students as mentioned
the free flow of 8th street traffic which includes two major bus routes and a bicycle lane
and maintaining the relative quiet and scale of our neighborhood which has for generations
attracted medical staff from two nearby hospitals for the ability to get quiet daytime sleep for
the essential night shift workers and a haven for those of us who work from home the muse and
proximal neighbors have been meeting with the developer to address the scale of the building