civus
Hearing video

ZBA Hearing - July 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 10, 20246h 23m

Ryan, so what I'm going to do with this is we're going to hold this for a vote next week, next Wednesday at 9.30 a.m.

Similar wording

We don't go to the general public on this, and we don't go to the planning commission.

Similar wording

So, Ryan, we'll do this next Wednesday at 9.30 a.m.

Similar wording

Okay.

Similar wording

And thank you to all.

Similar wording

Just one final comment.

Similar wording

Just to be clear, the building permit application was for the 14 units.

Similar wording

That has nothing to do with it. The 16 is not at issue here.

Similar wording

And I do want to wish Tanya Sunkit

Similar wording

much for her retirement and welcome the new board members.

Similar wording

All right. Thank you. Thank you very much. And thank you to all three attorneys.

Similar wording

And we'll vote on this next Wednesday at 930. Is there anyone

Similar wording

in the virtual audience whose 930 AM case

Similar wording

has not been called?

Similar wording

there are no hands chair see everyone at 2 p.m thank you thank you all right chair thank you

Similar wording

everyone okay good afternoon everyone my name is bill bergman and i will be chairing this

Similar wording

afternoon's meeting with me is our vice chair ismail shaheed president mr chairman or board

Similar wording

member James Snell? President, Mr. Chairman. Our board member

Similar wording

Tanada Graham? President, Mr. Chairman.

Similar wording

Our board member Michael Johns? President,

Similar wording

Mr. Chairman. And our board member Taya Nguyen.

Similar wording

She should be on any minute. Present. Okay, thank you. Thank you.

Similar wording

All right. Here's our

Similar wording

virtual format.

Similar wording

The proceedings are being recorded

Similar wording

With your participation

Similar wording

You agree to be recorded

Similar wording

The video will be available by contacting

Similar wording

Kathleen Grady

Similar wording

For our court sonographer

Similar wording

And witnesses

Similar wording

We ask you to identify yourself

Similar wording

Before testifying

Similar wording

If you're participating by phone

Similar wording

Press star 9 to raise your hand

Similar wording

And star 6 to unmute

Similar wording

To enter an appearance statement

Similar wording

call 267-270-5548. Leave your email address and the address of the property in question.

Similar wording

And finally, the question box on the screen is not for comments or testimony. All comments should

Similar wording

be directed to our Executive Director, Tanya Sunken. And for point of information, Ryan Emerson

Similar wording

is our attorney, and also we have with us the Deputy Director of Planning and Zoning, Kathleen Grady.

Similar wording

Let's look at our schedule this afternoon.

Similar wording

Number one, MI 2023-004-267-900 East Cheltenham Avenue.

Similar wording

Mr. Charles Richardson and Movement Islam, attorney.

Similar wording

We see the one in the audience.

Similar wording

sorry about that chair here i'm here i see charles richardson with his hand

Similar wording

all right and i will allow him to speak

Similar wording

good afternoon mr chair mr richardson i know you've already been sworn just

Similar wording

Just for the record, state your name.

Similar wording

Charles Richardson, Office of Councilwoman Cindy Bass, room 508 City Hall.

Similar wording

And I know you have a request for continuance that I believe Mr. Islam has agreed to.

Similar wording

Is that correct?

Similar wording

I believe that is the case.

Similar wording

I actually need to talk to him.

Similar wording

My suggestion to him was to request a continuance since they had a meeting with nobody at that attendant.

Similar wording

I understand he stated he has no objections.

Similar wording

I was trying to get him on the line, but we're fine.

Similar wording

So MI-2023-004-267-900 East Shelton Avenue, that case is continued.

Similar wording

Thank you, Mr. Richardson.

Similar wording

Number 11.

Similar wording

MI-2024-002-258-23.

Similar wording

MI 2024-002-258-2315 West Cumberland Street.

Similar wording

That case has been continued.

Similar wording

And number 13.

Similar wording

MI 2024-002-270-2408 North 31st Street.

Similar wording

That case is continued.

Similar wording

Attorney moving party.

Similar wording

Are there any other requests for continuance?

Similar wording

Yes, Chair, I have two hands up.

Similar wording

The first one will be Michael Parker will be allowed to speak.

Similar wording

Hi, Mr. Parker.

Similar wording

You're allowed to speak now, Mr. Parker.

Similar wording

Hi, Mr. Parker.

Similar wording

He keeps muting and unmuting, Chair.

Similar wording

So he's muted as of now.

Similar wording

Okay.

Similar wording

Do we have anybody else on the line?

Similar wording

Yes, Brett Feldman.

Similar wording

Okay.

Similar wording

He's allowed to speak.

Similar wording

Mr. Feldman, just for the record, could you state your name and spell it for the court

Similar wording

sonographer?

Similar wording

Yes.

Similar wording

Good afternoon, Mr. Chair.

Similar wording

Members of the board, Brett Feldman, 1835 Marcus Street, Philadelphia, Pennsylvania,

Similar wording

1-I-1-0-3-B-R-E-G-T Feldman, F-E-L-D-M-A-N.

Similar wording

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

Similar wording

I do.

Similar wording

So, Mr. Feldman, I see that you and Mr. Patterson are listed for two cases.

Similar wording

Yes.

Similar wording

I understand number three you may want to continue.

Similar wording

Is that correct?

Similar wording

Yes.

Similar wording

I just want to make sure that we got this right.

Similar wording

ZP 2023-007206.

Similar wording

These are the accessories, proposed accessory signs for a new.

Similar wording

Let's go back over that one minute.

Similar wording

I have 005769.

Similar wording

For 2628 South Street.

Similar wording

Yeah, the sign case should be under ZP 2023-007206.

Similar wording

207206? I don't have that. I have 2023005769. Okay. Yeah, it's the signed case. Okay, good.

Similar wording

And you want to continue that? Yes. Just in short, we work, and you'll hear on the other case,

Similar wording

the companion case, we work closer to SOSNA. We believe now that these signs are now code

Similar wording

compliant. So we're going to ask the zoning board to request for leave to go back to L&I,

Similar wording

have them review it, and we hope we believe and issue the code compliant sign.

Similar wording

All right. All right. So thank you. So MI 2023-005-769-2628 South Street,

Similar wording

that case is continued. Thank you, sir.

Similar wording

Thank you.

Similar wording

And we also have a few cases here that... Is there anybody else for the continuance?

Similar wording

Yes, Chair. There are two more hands up. The first is Jessica Baumer.

Similar wording

Hi, could you please state your name and spell for the court stenographer?

Similar wording

Hi, yes. My name is Jessica Baumer, J-E-S-S-I-C-A-B-A-U-M-E-R-T.

Similar wording

Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

Similar wording

I do.

Similar wording

What case?

Similar wording

uh it is uh zp2023 what's the what's what's the location 3940 baltimore avenue

Similar wording

3940 baltimore avenue does anybody see the number for that i have okay yep um

Similar wording

please proceed um yes uh i am requesting a continuance due to improper notification

Similar wording

uh we are at the address 4000 woodland avenue yeah directly across the street um and okay so

Similar wording

so hold on one minute let me get the attorney that's involved for the other side here meredith

Similar wording

Ferliger, please. Okay. Meredith Ferliger has been allowed to speak. Good morning, counsel.

Similar wording

Could you state your name and spell for the court stenographer? Meredith Ferliger, F-E-R-L-E-G-E-R,

Similar wording

on behalf of SEPTA. Right. Do you swear or affirm to tell the truth, the whole truth,

Similar wording

and nothing but the truth? I do. All right. There's someone requesting continuance. Jessica,

Similar wording

Could you please continue? Yes, I am requesting a continuance due to improper notification of

Similar wording

this case. We are directly across the street and it came to our attention on July 3rd.

Similar wording

We are directly across the street, and it came to our attention on July 3rd that this was happening, and due to an error of the city, the notification was apparently sent to 3900 Woodland Avenue, so we never received it, as our mailing address is 4000 Woodland Avenue.

Similar wording

All right, thank you. Meredith, please proceed.

Similar wording

Sure. Mr. Chairman, SEPTA would not support full continuance requests, but we would like to suggest an alternative course for the board. Just very briefly, this project is of critical public importance as it proposes a substation that's required to power SEPTA's new incoming trolleys.

Similar wording

As Ms. Bomer acknowledged, as did their letter, the lack of notification in this case was not

Similar wording

due to the applicant's error. As the applicant did provide notice to every required address

Similar wording

that was provided by the city, we did provide proof of that mailing to the board's council

Similar wording

in advance of the hearing. In addition to Woodlands, the coordinating RCO, we understand

Similar wording

spruce hill is also not prepared to submit its position during today's hearing so in light of

Similar wording

the likelihood that this case is going to require more than one hearing regardless of the date that

Similar wording

we start it due to the volume of information that we must present we're requesting that the board

Similar wording

allow septa to present its case this afternoon but to schedule a resumption hearing for the purpose

Similar wording

of having an individual session to receive additional public comment on the project

Similar wording

Between now and that date, SEPTA fully intends to re-engage with both Woodlands and the other stakeholders, which will allow this case to proceed without the substantial delay that a full continuance would cause, especially because this notification error is not as a result of any deficiency on the applicant's part.

Similar wording

okay so jessica what i'm going to do is i'm going to allow septa to present their case but then

Similar wording

we're going to hold all comment until we come back again the next time and that'll be a whole

Similar wording

public comment etc so then when we come back the next time the public yourself rcos will have a

Similar wording

chance to weigh in on what the project is okay but there'll be no decision made today okay all

Similar wording

All right, thank you very much for taking the time to call us, and Meredith, we'll call your case later.

Similar wording

Thank you.

Similar wording

All right, is there any other requests for continuance?

Similar wording

Okay.

Similar wording

Yes, she had three hands, and Vern Anastasio is next.

Similar wording

Okay.

Similar wording

Good afternoon, Mr. Chair.

Similar wording

Vern, just for the record, state your name.

Similar wording

That's Vern Anastasio.

Similar wording

Are you calling about 2350 in West Cumberland?

Similar wording

I'm not. Thank you for continuing it, though.

Similar wording

I was asking about 2049 North Randolph Street.

Similar wording

What number is that, anybody? Oh, I see it.

Similar wording

We have no exhibits for that. It's the first listing.

Similar wording

That's correct. I'm asking for a continuance. We have yet to meet with the RCO.

Similar wording

Okay. You will have your continued. So I'm mistaken. We have one other case with you this afternoon, right?

Similar wording

That's correct. Thank you.

Similar wording

Okay. Thank you. So MI 2024, 002-348-2049 North Randolph Street, cases continued. Anyone else?

Similar wording

Yes. Next is Lauren and David Leather Barrow.

Similar wording

They have been allowed to speak.

Similar wording

Hi, Lauren. Could you please state your name and spell for the court stenographer?

Similar wording

My name is Lauren Leatherbarrow. That's L-A-U-R-E-N-L-E-A-T-H-E-R-B-A-R-R-O-W.

Similar wording

My husband's sitting here with me.

Similar wording

Okay. So why don't we just take you for now? Do you swear or affirm to tell the truth,

Similar wording

the whole truth, and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

What case do you want to talk about?

Similar wording

3940 Baltimore Avenue. That's the proposed substation at the septa portal between.

Similar wording

Yeah. So just so you know, I've already ruled on that, right?

Similar wording

I heard you say that. I have already raised my hand. And what I want to say is that they're going to have to redesign. So anything they present today is going to be out of date.

Similar wording

Well, we'll see how that goes. I think they're going to give a general presentation today. And as I said, there'll be no vote taken on that.

Similar wording

and the public comment will be held to the next time.

Similar wording

So you'll have plenty of chance to comment.

Similar wording

So when I asked the lawyer to send me drawings,

Similar wording

she only sent me five

Similar wording

and the other people were given six additional drawings.

Similar wording

Okay, so here's what's going to happen.

Similar wording

The lawyer is going to make it a point.

Similar wording

There's going to be a lot of public comment

Similar wording

between now and the next time.

Similar wording

And I'll make sure that's raised with them

Similar wording

And I'll make sure that's raised with them.

Similar wording

and we'll try to get you that comment, that drawing.

Similar wording

And we'll try to get you that comment, that drawing.

Similar wording

Okay?

Similar wording

Okay.

Similar wording

All right.

Similar wording

I already got it.

Similar wording

I think I got it from the councilwoman's office.

Similar wording

All right.

Similar wording

Good.

Similar wording

Thank you very much for taking the time to call us.

Similar wording

We appreciate it.

Similar wording

Sloan, folks, is next chair?

Similar wording

Oh, sure.

Similar wording

He's been allowed to speak.

Similar wording

Hi, Mr. Folks.

Similar wording