ZBA Hearing - October 21, 2020

on behalf of applicant caring people alliance attorney id number 71666 you swear to affirm

to tell the truth, the whole truth, and nothing but the truth?

Yes, sir, I do.

Thank you.

Please proceed.

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

Yes, I do.

Also, have you emailed an exhibit packet with the required documents,

proof of ownership, proof of tax compliance, copies of refusal or referral,

photos, and plans five days prior to this hearing?

Yes, I have.

Thank you.

and just for the record we received our letter of support from the rco yesterday and i emailed it to

the board today

you're good you can proceed

thank you very much i'm sorry i was muted uh you have a letter of support you sent from the rco

yes i we received it yesterday and i emailed it today sir okay thank you and if you could

do your best to summarize we'd appreciate that i will keep it short and sweet like my stature

do your best to summarize, we'd appreciate that. I will keep it short and sweet, like my stature

and personality. So I represent Caring People Alliance, which is a 501c3 nonprofit in Philadelphia

that's been in existence since 1932. And it provides child care through at various locations

throughout Philadelphia. So with me this evening is our president and CEO, Dr. Jerry McDonnell,

and our Senior Director of Community Outreach, Brandon Gilmore.

We are seeking the Board's approval for a use variance for the property at 5843 through 55

Catherine Street, which is currently the site of the Sharon Baptist Church Community Center.

And I will pull up my documents.

okay this is the property

and currently um caring people alliance is has executed um an agreement of sale with the

sharon baptist church which was executed on may 18th of 2020 um which is i do note um which i

highlighted on page five of the document five and six is contingent upon cpa um actually receiving

approval for this use variance of the property and the proposed use of the property is a daycare

center with after school care summer camp and a boys and girls club along with permitting

athletic events to be held in the gymnasium along with meals prepared in a commercial grade kitchen

The area is zoned as RM1, and the property, which is approximately 25,000 square feet,

is located here on the corner of 59th and Catherine Street. Under the zoning code,

because Caring People Alliance, this property, what we are proposing for the property would be

deemed as a child care center as it will provide services for 14 or more children, which presuming

to the zoning code would be prohibited in the zoning district. On May 21st of 2020,

we applied for, I'm sorry about that.

We applied for a use permit for the property with L&I, and on May 22nd of 2020, the application

was denied. And then on June 18th, on behalf of the Caring People Alliance, I filed, we appealed

the denial, which was a refusal of the use permit. And we are again requesting to seek a use variance

from the ZBA. And I just note that going back in the zoning archives hearing with regard to

Sharon Baptist Church, that in 2006 they too applied for a zoning use registration permit

for which they were granted a variance, as you can see here, for the same purposes that

Care and People Alliance is, which included a daycare center, preparing and serving of food,

as well as using accessory offices, a kitchen to prepare meals, and their athletic events.

So, and that was granted to them. The only thing different from our use to theirs is the fact that

we will not have obviously religious services there. And so just real quickly, we did submit

it, and we had a very positive meeting with the Cobbs Creek Neighbors Association. They

sent a letter in support with no objection. And just quickly, this is the, going through

the pictures, this is the community center, and it will be called our West Philadelphia

Community Center. And that is facing north. So the area really is residential with a couple

of corner stores anchoring the various corners of Catherine and 59th as well as further down

on the lower the other side of Catherine as you can see it's primarily residential

and then these are classrooms that we would do there would be no exterior construction

or renovation just inside these are classrooms we will make a little playground area for an

closed outside area that faces 59th street. Let's see outside again. And this is our lower level

that we would divide up into classrooms. This is where they had their place of worship.

That's another angle. This is where we would permit it, where they had a commercial grade kitchen and they outlined it. And we will set that up there in that area.

That's another angle. This is where we would permit it, where they had a commercial

And as I like to say, the piece de resistance is the gymnasium, which is a fabulous facility that we would be more than happy to open up to the community to use for athletic events on evenings and weekends.

We are also, as discussed with the RCOs, we will keep the place open as a polling place,

and we really look forward to integrating Caring People Alliance within the Cobbs Creek community.

So the only thing that I have left is just one more document,

and that was just the letter that we received from Cobbs Creek Neighbors in support,

and we will continue conversations to figure out to allay their worries and make sure that we

integrate fully with them, including having activities for seniors and helping out smaller

independent daycare centers. So with that, I would just ask to call Dr. McDonald just to adopt my

testimony and then unless the board has questions, that's it. Thank you, Dr. Hello. Hi, Dr. Please

identify yourself name and address for the record please uh jerry mcdonald j-e-r-r-y m-a-c-d-o-n-a-l-d

uh 1628 jfk boulevard philadelphia 19103 thank you you swear and affirm to tell the truth the

truth and nothing but the truth yes please proceed thank you dr mcdonald you heard my testimony today

before the board is that correct yes and is it true and accurate to the best of your knowledge

yes it is and would you adopt that my testimony what i represented before the board as your own

yes i do okay and with that we would just ask to move all our packet into evidence and we would

rest no no thank you miss grushman any questions from the board no no anyone else who would like

to testify in this case if so please raise your hand i have an emma earl are you here on behalf

of this case you're going to meet yourself ma'am please identify yourself with the record spell

your first and last name and provide us with your address no unmute chair we can move okay

can you hear me hello okay my name is emma earl e-m-m-a-e-a-r-l-e and i am of the third ward

republicans rco as well as the 5800 block of catherine street block captain do you swear

and affirm to tell the truth the whole truth and nothing but the truth i affirm thank you please

proceed yes as per the queries of the block captains in a one block radius the overall

consensus of the residents is a no as to the business as well uh as it will adversely impact

the neighborhood due to the parking situation which is high density uh the people's alliance

and uh said approximately 20 30 people would be employed 100 children serviced and um other

children bused in from other areas uh this area cannot absorb any more vehicles as it will have

the residents virtually prisoners in their own homes unable to go out in their cars there are

many days where you pull out of a space and somebody's right there to pull right in. Some

of the residents said no because of the zoning change and gentrification issues as well as the

possibility of loitering issues from the influx of the children as that location is surrounded by

stores on each corner. There were a few people that you know wanted to hear more but other than

that you know it was my responsibility to put forth what the residents want. Thank you. Anyone

else who would like to testify in this case please raise your hand. That's all chair. Thank you. Planning

Commission. Mr. Chairman this is Mason Austin with the Planning Commission. The property is indicated

for single family residential and the comprehensive plan and is currently zoned for multi-family

residential however due to the support of the coordinating rco and and because it would address

a significant need in the area the planning commission has no objection to the granting of

this variance thank you mi-2020-001146 5843-55 catherine street my vote is yes

my vote is yes my vote is yes my vote is yes

thank you so we go to spark street thank you thank you mr chair you have that calendar calendar number

Thank you.

Mr. Chair, you have that calendar number.

I don't have to pay for it.

I have it.

MI-2020-000015, 106 Sparks Street.

Is there an attorney present for this one?

I believe the lady is representing herself.

No, she is pro se.

Promoted.

Ms. Barton.

You can unmute yourself and wait to be sworn in.

Ma'am, please identify yourself with the record.

Spell your first and last name and your address, please.

Give us your address.

Ms. Barton, are you there?

all right let's go down to clinton street oh here she is hello miss barton uh you need to unmute

yourself nope can't hear you

so you're unmuted but is the volume up on your device do you have a microphone

if if miss barton isn't able to get her sound to work would you want to call and i'll put her

on speakerphone she's been waiting why don't we do this well we'll wait we'll go to the last case

and then come back again maybe we can have it straightened out by then all right okay thank

We're going to go to Clinton Street.

That's MI-2020-001170931 Clinton Street.

I'm Primordi Vern Anastasio.

Thank you.

Thank you, Mr. Chairman.

Vern Anastasio, good evening.

Please identify yourself with the records.

Spell your name for the stenographer.

Good evening, sir.

Vern Anastasio, 1315 Walnut, Suite 1006 Philadelphia, 19107.

Good evening, sir.

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

Of course, sir.

Thank you.

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

I do.

I also agree that I've sent out a package to the ZBA at least five days prior to this hearing.

Wow.

You keep it up.

you're going to take my job see well that's what i'm doing great that's you know oh my goodness

also have you met with the rco and have a letter i do it's all in the packet all in the packet

you'll see you better give some thought to the fact that we don't get paid over time

we don't get paid by the hours frank frank i'm gonna go as quickly as i possibly can okay

Just to interrupt for just one minute, we also have a letter of non-opposition from Councilman Squilla.

Thank you, Sharon.

Thank you.

Yeah, Frank, I'll go as quickly as I can.

Four homes is what we're proposing here at 10th and Cyprus.

It's behind 10th and Clinton's multifamily dwelling.

They each have off-street parking, and we're here to discuss.

let me let me pull this up if I can that's not what I wanted to hold on there it goes yep

we're here for refusals for the multi-family dwelling again it's already on a piece of

property that's a multi-family dwelling. We're just asking to add four single-family homes on

Cypress Street. Cypress Street is a dead-end street. If you take a look here, you'll see

what I mean. And I'll have Rustin walk through the project actually for you. But it's the rear

part of Clinton, which I know the chairman is very familiar with. There's nothing going on

on Cypress Street. These will be the only homes at front Cypress Street. It'll be a nice way to

activate that space. And as you can see here, I think which is a great way to look at it,

it's one, two, three, four homes along Cypress. The corner property will have a two-car garage

The corner property will have a two-car garage, and then each home east of that corner property will have a one-car garage, and it'll certainly be a nice addition to the space, to the area, and we met with the community.

and then

Here's a drone look that I took.

There'll be basically four homes in this area right here.

We have, of course, we've met with the community more than once.

And we met with the committee.

And then we met with the general community.

And we've got overwhelming support from Washington Square West Civic Association, all non-opposition.

And of course, we've gotten a letter of support or non-opposition from Council Member Squilla, dated 18th October, just a few days ago.

With that, I'm going to leave it up to Rustin if he wants to talk about the interior space, if you're interested.

I'm not sure of that for the moment.

Do you have anybody else to bring in?

None other than I just ask that one of my clients raises his or her hand to be recognized.

Why don't we go to your client first?

Yeah, thank you.

If one of the owners or partners can raise their hand to be recognized, I would appreciate that.

Thank you.

hello this is

do you think who's please identify yourself for the record rafael licht r-a-p-h-a-e-l-l-i-c-h-t

for the owner rittenhouse property associates llc thanks rafi

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

I do.

Thank you.

Vernon, please proceed.

Thanks, Frank.

Rafi, could you put your address on the record, please?

301A Catherine Street, Philadelphia, 19147.

Rafi, did you hear my presentation to the board today?

I did.

Was it true and accurate to the best of your knowledge?

Yes, it was.

And would you adopt it as your own testimony?

Yes, I do.

That concludes my case tonight, Frank.

Thank you.

Questions from the board?

No.

No. Would anyone else like to testify in this case? If so, please raise your hand.