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Hearing audio

ZBA Hearing - February 24, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 24, 20262h 41m

So that modification was changed.

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It was introduced.

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produced. Another change, this is the roof deck you see at the top of all three proposed

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houses. On the Boone Street houses, the first configuration had the pilot houses on the

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outside of each house. And some neighbors observed that that created more massing and

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interfered with views. So we changed the configuration house to move the pilot houses next to each

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other so there was less obstruction and then this is a view from cotton street in the foreground

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this is the proposed new structure replacing the unsafe house and then you see the back

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this would be the south side of parcel c and then parcel d next to it

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so when we made the applicate when we tried to make the application um we discovered that we

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knew there was an unsafe condition and we believed it was the house and so we filed a demolition

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application for the house and filed attempted to file a development application for this

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development and we're told no no no you can't do that until you correct the violation well no we

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filed a demo permit for the house no there's another demo there's another unsafe structure

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What's that?

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It's the wall.

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Well, the wall's not on our lot.

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Nothing we can do.

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L&I has cited you.

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You've got to deal with it.

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So we filed an appeal to the Board of Building Standards, and for some reason I can't...

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You'll be here any minute, by the way.

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I can't.

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Oh, there we go.

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Okay.

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So the appeal was filed, I think, in September of 23.

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We had a hearing in December of 23.

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At the hearing, the board proposed that the foundation for the northern house on Boone Street, that that foundation be engineered to bear the load of the failed retaining wall that's right next to it.

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My client agreed to that as long as Ellen and I was directed to accept the development application, that we were not going to repair the wall in absence of being part of this development.

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uh ellen and i the board agreed with that and directed us to file a complete set of structural

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plans for this structure they were submitted they were reviewed and they were approved so page 14

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and 15 is the recommendation and decision of the board of building standards page 16 is page

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S3.0 of the approximately 25 page, uh, structural plan set. And

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this detail right here is showing the retaining wall

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and the proposed new wall that will be basically, bear with me,

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If I can get it back.

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Oh, wrong one.

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So if you can see this detail right here on this side,

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SIDE IS THE WISHICK AND SCHIST WALL, AND THEN THIS IS THE PROPOSED NEW FOUNDATION WALL OF THAT HOUSE AND HOW THEY'RE GOING TO BE SISTERED, AND THE NEXT PAGE IS THE CERTIFICATION OF THE STRUCTURAL ENGINEER, THIS IS THE CERTIFIED THAT WE HAVE EVALUATED THE CONDITION OF THE EXISTING RETAINING WALL BETWEEN THE PROPERTY AT 184 COTTON STREET AND 4334 AND 4334 AND A HALF BOONE STREET, AND AS OUR PROFESSIONAL OPINION, THE WALL CAN BE AND WILL BE INCORPORATED AS

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as part of the Structured Design Foundation wall system

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for the proposed building on 184 Cotton Street.

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pages 19 uh through 30 in the plan set and in the exhibit set um are photographs of 13 existing curb

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Pages 19.

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cuts in this block of um uh boone street uh i'm not going to linger but they're they speak for

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themselves that many houses some of them old some of them built very recently uh have curb cuts

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that's a relatively brand new house um so having a curb cut in this block of main block of boone

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street is is not uncommon um there are no other uh refusals uh dimensionally it is it is compliant

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heights compliant areas compliant i will point out that at page 62 and 63

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of the materials there is a response

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to the two issues that mr vanderslice raised on behalf of his client mr pillar who's here today

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So for the record, I summarize those two responses. Mr. Piller seems to believe that I don't want to put words in his mouth. The attachment to that memo is a 1948 plan of property shown here, which again shows the lot lines of 184 Cotton Street, Boone Street again on the right.

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and you can see the property line marked in its

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meets and bounds 59 degrees 33 minutes 33 seconds east

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79 feet 7 and 8 inches long and the retaining wall

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is outside it it's north of the north of the

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property line and what we found out is that

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43 34 and 43 34 and a half

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their legal descriptions create a three-foot gap and if you can see this

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I'll try to you see the handwritten note on this plan so you see the dimension

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along Boone Street 140 184 Cotton Street is 48 feet and then you see the two

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arrows and the handwritten note 51 point either one nine or seven nine so there's

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a three-foot gap between the end of 184 cotton and the beginning of the two properties above it.

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And within that gap sits the retaining wall. So to the extent that Mr. Piller even has standing

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to address issues regarding this wall, I doubt. Okay, thank you. All right. So may I have my

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client? That's what I was going to say. Could you have your client come on and adopt your testimony?

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uh will steve washefsky please raise his hand

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that's coming back in as a panelist shortly sure

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i i sir could you please state your name and spell for the stenographer

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sure uh steve osjeski uh first name is s-t-e-v-e last name is o-l-s-z-e-w-s-k-i

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you swear or firm to tell the truth the whole truth nothing but the truth counsel uh thank you

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Mr. Shesky, you're a managing member of Cotton Street Partners?

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Yes, I am.

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And were you present during the presentation that I made on your behalf?

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Yes.

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Was my testimony truthful?

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Yes.

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And you adopted as your own?

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I do.

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Thank you.

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So, counsel and Mr. Piller, we're going to call for a resumptive hearing now.

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And I know you're, I can see you're ready to go, but I think you probably need to at least check with your counsel, okay?

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Yeah, a couple things.

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No, you don't have to, listen to me, listen to me.

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Engineering reports from the city.

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Yeah, I know, I know, but what I'm saying, all that I want to see when you have your attorney, okay?

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So what we're going to do is we're going to reschedule this for a resumptive hearing on April 17th at 9.30 a.m.

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for a resumptive hearing on April 17th at 9 30 a.m and then by then hopefully you'll have your

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attorney and um if if in fact you're some of the comments you made earlier about you're working

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something out with the developer if that's the if that's the case then we'll we'll hear from that

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the next time okay but I really need to say something your honor why I I think listen to me

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No, no, no. I think let me let me I'm not I'm not I'm not an attorney, but I've always known you're you're better off front of things for your attorney.

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And like one of the board members is attorney here and she she's like, you know, an our own attorney.

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I think you need to talk to your lawyer. I just want to say I want to refute.

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No, we're not going to refute your lawyer. Your lawyer will refute it when you sit with your attorney.

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OK, so you will do that. OK, thank you. Thank you, Mr. Pillar, for coming in.

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And you brought an awful lot of stuff with you there.

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And Mr. O'Brien, thank you.

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And this will be April 17th, so it's not that long of a wait.

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And by then, maybe you'll figure out who your attorney is.

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You want me to show you this?

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Okay.

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Thank you, Mr. Chairman.

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Thank you, members.

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Is there anyone in the 930 list whose case has not been closed?

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I do not see any hands, Mr. Chair.

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All right.

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Thank you very much.

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Thank you, everybody.

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and we'll we'll be back here tomorrow morning at the uh 8 45 right for our pre-meeting right yes

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