civus
Hearing video

ZBA Hearing - August 9, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 9, 20235h 36m

Did you render any opinion regarding whether the addition of these 15 additional parking spaces would cause any adverse impact on the public?

Similar wording

I did render an opinion, and my opinion was it would not cause adverse impact, and that's based on the low volumes we're talking about in terms of the residential activity for these 15 spaces and also the existing traffic on West Pastoria Street itself, as well as the other things I cited.

Similar wording

The site distance is available, the turns can be made in one movement sufficiently.

Similar wording

So those are the factors that led to my conclusion that there's no adverse impact.

Similar wording

And you see on my screen here, is this the streets department approval that you were referencing in your letter?

Similar wording

I believe it is, yes.

Similar wording

And I just want to clarify here, because I do see that this shows what appears to be three stacked parking spaces here. Is it your understanding that no stacked parking spaces are being proposed as part of this application?

Similar wording

Yeah, that's my understanding. On this plan, there were 18 parking spaces, 15 of those in the front along the frontage of Pasteur.

Similar wording

15 of those in the front along the frontage of Pastore Street, the other three, the ones you had pointed to, essentially behind three other spaces, those three, as far as I understand it, are no longer part of the proposal.

Similar wording

Correct. And I'll just reference that the 15 we're talking about are four plus three plus three plus four.

Similar wording

And then we have the one right over here to that adjacent now.

Similar wording

So are you aware of the curb cuts that are proposed there in terms of providing access directly to these off-site parking spaces?

Similar wording

Well, they exist currently, if that's what the question is.

Similar wording

right um did you see uh do you perceive or view any issues with um the location of these parking

Similar wording

spaces um relative to the uh the property okay could you um repeat yeah do you uh you know what

Similar wording

i'll take a step back because i where i'm trying to get is you also made some recommendations of

Similar wording

best practices that you think could improve or should at least be taken into consideration

Similar wording

for this plan. Is that right? That is correct. Yes. Okay. Can you advise the board what some

Similar wording

of those considerations were that you thought could be taken into account? Yes. And they are

Similar wording

also provided within my report. One consideration is that the 15 barking spaces could be restricted

Similar wording

to back-in only use, just an enhancement of the safety of having them be able to pull

Similar wording

out of those spaces forward as opposed to backwards. So that is a consideration and a

Similar wording

recommendation I provided to the applicant. Another consideration, which certainly is beyond

Similar wording

the applicant's control, would be that West Pastoria Street could be signed to be one way,

Similar wording

and the recommendation would be from Wayne Avenue to Green Street. The reason for that is simply

Similar wording

that the cartway with suggests that that's appropriate. And given the ability for vehicles

Similar wording

using Pastorius Street to circulate around as necessary beyond, you know, once they get to

Similar wording

Green Street or come in from Wayne, I think it certainly would not cause a hardship to either

Similar wording

the existing use of Pastorius or the subject site. And the other consideration that I provided

Similar wording

to the applicant was given the fact that the Tulpa-Hawken Street access, which is narrow,

Similar wording

the access itself is narrow, and has some site distance limitations for traffic pulling out onto

Similar wording

a higher volume road that either eliminate the internal connection that links the two accesses

Similar wording

or more desirably perhaps change or restrict Tall Pahawken Street access to one-way entering.

Similar wording

Just because I believe that Pastoria Street access is far safer condition and if all the

Similar wording

exiting traffic is oriented to Pastoria Street, that would be a better situation from a traffic

Similar wording

perspective. Interesting. So, we will hear at some point, you know, the objector's position that

Similar wording

all traffic should be diverted and utilized on Tulpa-Hawkins Street, but what you're saying is

Similar wording

that in your professional opinion, West Pastoria Street is a far safer place for ingress and egress?

Similar wording

Yes, it is.

Similar wording

Okay. Now, those recommendations that you made, are any of those vital to your opinion that the addition of these 15 parking spaces would not cause or detrimentally impact the public transportation system or public safety?

Similar wording

No, they're not vital. My opinion, it was made without those considerations in place. And if none of those considerations were implemented, my conclusion remains the same, that it is a safe proposal and no adverse impact for all the reasons I stated previously.

Similar wording

Okay. And is everything that you've stated here today true and accurate to the best

Similar wording

uh true and accurate to the best of your professional opinion yes it is i have no

Similar wording

of your professional opinion? Yes, it is.

Similar wording

further questions for mr horner

Similar wording

the ministers um yes you probably want to know that my share

Similar wording

excuse me do you want me to stop my share oh yeah that'd be great

Similar wording

Good afternoon, Mr. Horner.

Similar wording

Good afternoon.

Similar wording

I'm going to walk through a lot of your report and ask you questions about it, but I just

Similar wording

wanted to start out by asking you, could you restate again how many days you did your traffic

Similar wording

study? The traffic counts were conducted over the course of four days, actually three and a half

Similar wording

days. It was three full days, June 1st to June 3rd. Right. My calculation of June 1st to June 3rd

Similar wording

is three days. So was that a mistake in your report or did you make a mistake by saying it

Similar wording

was four days? It was conducted over three and a half days, three full days, which was June 1st

Similar wording

to June 3rd. So that's where the reference came from. I wasn't really counting the half day in

Similar wording

terms of the traffic numbers. So when I stated four days, I was referring to the four days that

Similar wording

we were present but it was really three days full three full days of count so i apologize for any

Similar wording

confusion okay so you rounded up a bit but it's i didn't round up i i we were there for four days

Similar wording

but there's three full days of data so that's okay all right so you described both pastoria

Similar wording

street and top walken street and i got a bit confused um at one point you said that uh you

Similar wording

You thought that traffic on Pastorius was better than traffic on Topohockin because you said that Topohockin only has 12 feet for cars to travel, whereas there's 22 feet to travel on Pastorius Street.

Similar wording

Isn't that completely false, though, Mr. Horner?

Similar wording

I mean, Topohockin Street is...

Similar wording

Objection to the compound question.

Similar wording

You just asked the question.

Similar wording

You should allow the witness to answer.

Similar wording

All right.

Similar wording

What is the 12 feet on Top of Hocken you're referring to compared to 22 feet on Pastorius?

Similar wording

Yeah, perhaps I wasn't clear in what I was referring to.

Similar wording

So the width of Top of Hocken Street, which I did testify to, is 36 feet.

Similar wording

That's the street itself.

Similar wording

And that includes the on-street parking on both sides.

Similar wording

The width of Pastorius Street is 14 and a half feet.

Similar wording

That's the actual cartway.

Similar wording

When I referred to the 12-foot and the 22-feet that I had mentioned, the 12-feet is the actual access width of the site's driveway on the Topohockin.

Similar wording

So not Topohockin Street itself, but the access driveway width, that's the 12-feet.

Similar wording

Okay, so we're talking the curb cut on Topohockin versus Topohockin.

Similar wording

The curb cut, yes, that's correct.

Similar wording

Is there any reason why the curb cut on Topohockin couldn't be enlarged?

Similar wording

I did not study that issue, whether it could or couldn't be.

Similar wording

I know it's been there quite a while in its current form.

Similar wording

So I just looked at it as what it is currently at 12 feet.

Similar wording

Right. I get that.

Similar wording

But we know that you were told that the curb cuts were,

Similar wording

there were many additional curb cuts being added to Pastorea Street.

Similar wording

Is that true?

Similar wording

I'm not sure I understand that question.

Similar wording

Are you aware that before this property owner had his application in 2017, that there were only two curb cuts along Pastoria Street? Are you aware of that fact?

Similar wording

I am not. I don't know how many curb cuts there were in 2017.

Similar wording

Got it. And when you did your inspection, you saw quite a few curb cuts along Pastoria Street on this property line. Would that be correct?

Similar wording

uh quite a few on pastoria street between green and wayne that's correct

Similar wording

no i'm talking about the boundaries of this property of mr ability this property

Similar wording

uh yes the the 15 spaces which are currently and they have curb cuts uh i believe because it was

Similar wording

approved previously by streets department well that's actually not true but yeah but mr horner

Similar wording

There's curb cuts, basically the entire the entire boundary on Pastoria Street from the from the corner of the property through the driveway.

Similar wording

there's curb cuts basically the entire the entire boundary on pastoria street

Similar wording

Would that be would that be fair? Every every one of those in that case, you're talking about 14 spaces.

Similar wording

Every one of those spaces has a curb cut in order to access Pastoria Street. That's correct. Yes.

Similar wording

Right. And those are all constructed by Mr. Bilby in the last few years. But perhaps you don't know that.

Similar wording

I would believe that's the case. Yes.

Similar wording

Okay. So what would be, what would be, is there anything that you know in your professional opinion to stop the expansion of the curb cut on Tubble-Hawkins Street? Is there anything in the streets code, in your study of professional engineering that would require that the curb cut on Tubble-Hawkins Street be limited to 12 feet?

Similar wording

No, nothing in the code that would limit it. I don't know if there are physical features that

Similar wording

would limit it. That I can't say. Well, weren't you there, Mr. Horner?

Similar wording

Objection. I'm there. Did you notice any physical features

Similar wording

when you did your inspection and you studied this property?

Similar wording

Well, I know there's a wall that supports the gate. I don't know exactly where the property

Similar wording

boundaries are to know whether that could be widened. I don't know if there's any elevation

Similar wording

or grade issues. I didn't observe it because that wasn't what I was looking to advise the client on.

Similar wording

So did the client in fact give you kind of a direction as to what they were looking for in

Similar wording

your report? No, the client asked me to look at the safety and ability for the 15 spaces and the

Similar wording

two-way access onto Pistorius Street and to reach a conclusion as to that. That's what my direction

Similar wording

was. Okay. Why did you choose the dates between June 1st and the middle of June 4th for your study?

Similar wording

Well, we wanted to include a weekday and a weekend. And we were authorized to do counts. So once we were authorized, we scheduled them and we wanted to make sure we did not schedule them over the Memorial Day weekend. So we did not. So that's why we did the counts when we did.

Similar wording

Have you done traffic studies where you've done longer periods of time than these three and a half days?

Similar wording

Sometimes, but usually, as long as we have reason to believe the days are representative, studying it for one weekday, one weekend day is sufficient.

Similar wording

Are you aware that there are times where there are differences in traffic along streets, depending on the time of the year and other seasonal variations?

Similar wording

There can be, yes.

Similar wording

Okay. It sounded from reading your report and listening to you today that you were focused on vehicles. Your traffic count basically was focused on vehicles. Is that fair to say?

Similar wording

That's correct, yes.

Similar wording

Are you familiar with the Complete Streets protocols for the city of Philadelphia?

Similar wording

Yes.

Similar wording

Are you familiar with the Vision Zero project for Philadelphia?

Similar wording

you on? I'm familiar with it, but not really enough to opine about its contents. Okay. Are you aware

Similar wording

that there are non-vehicles that use pastoria streets, such as pedestrians and bicycles and

Similar wording

other vulnerable users of the street? There are pedestrians and bicyclists that use it. That's

Similar wording

correct. Did you monitor or count those at all? Well, our video counts do include that

Similar wording

activity. I didn't document it in the report, but yes, there was some of that activity, absolutely.

Similar wording

When you're talking about the safety of the surrounding community,

Similar wording

do you have specific findings around bicyclists and pedestrians?

Similar wording

brands? Well, when we're looking at safety, what we're looking at is volume of vehicles is

Similar wording

important because that can dictate how many conflicts there would be with pedestrians and

Similar wording

bicyclists. Yes, but I'm asking you just specifically, did you make any specific

Similar wording

findings around safety for bicyclists and pedestrians? Yeah, I was getting to that

Similar wording

in my response. But most importantly, it's the site distance. If a driveway, in this case,

Similar wording

or a parking space, a curb cut, or an intersection, if there's sufficient site distance

Similar wording

If there's sufficient sight distance to allow for both pedestrians and bicycles to see vehicles approaching or entering into the roadway, and the vehicles to see the bicyclists and pedestrians, and the combination of the volumes is low, as is the case here,

Similar wording

to allow for both pedestrians.

Similar wording

then my opinion is that there is no issue with that conflict um and that was so so when we're

Similar wording

talking about sightways um one example uh would you agree is the fact that when people are backing

Similar wording

up their cars they have much less sight way in in terms of where they're where they're um how

Similar wording

they're navigating their vehicle than when they're moving forward in a vehicle um yes and that's one

Similar wording

reason why I said consideration in order just to enhance it would be to require vehicles to pull

Similar wording

out forward on from those curb cuts. Right. I understand that that was a recommendation. And I

Similar wording

think that, you know, if that was to be the if we are to have parking there, then then that that's

Similar wording

a clearly important example. But you're you're testifying that even if you don't have back in

Similar wording

only parking along pastoria street that you're not you're not increasing danger to pedestrians

Similar wording

and bicyclists by people backing up without being able to see little children who are walking to and

Similar wording

from the school for example well my my conclusion was no adverse impact um there's conflicts between

Similar wording

pedestrians and vehicles uh exiting and entering driveways currently uh not to mention around

Similar wording

many, many streets within the city. So it's really not a matter of, is there ever any conflict

Similar wording

between the two? It's really a matter of, is there proper sight lines, proper design for the curb

Similar wording

cuts, and low volumes and activity in order that that's not an adverse situation? And my conclusion

Similar wording

was it was not an adverse situation. So you're saying with your license on the line that you

Similar wording

say that it's safe for people to back up

Similar wording

onto Pastoria Street and potentially

Similar wording

not see small

Similar wording

children or other vulnerable

Similar wording

users of the street.

Similar wording

I mean, on the one hand, you're saying

Similar wording

objections that you should

Similar wording

back in. And on the other hand, you're saying

Similar wording

that if people back out, everything

Similar wording

is fine. And I'm not really sure how to reconcile

Similar wording

that.

Similar wording

I'm saying

Similar wording

that, yes, in

Similar wording

this situation, backing

Similar wording

up

Similar wording

backing out onto Pastoria Street, in my opinion, is a safe condition.

Similar wording

I recommend that it be considered that it be a pull-out forward because that's still preferred.

Similar wording

It doesn't mean the other is unsafe, but it's still preferred.

Similar wording

Are you aware that there are elementary schools within a near vicinity of the property on Pastoria Street?

Similar wording

period? Yes, I remember seeing elementary schools in the area. I don't know the walking patterns of

Similar wording

those students as it may affect Pastoria Street. Right, because you did your study in June when

Similar wording

they don't go to school as opposed to during the school year, and you couldn't have seen the school,

Similar wording

the students walking on Pastoria Street to school because you didn't go during the school year. Is

Similar wording

that true? I believe that the school year was still in session, but I'd have to confirm that

Similar wording

fact, but... Oh, might it be right at the end of the school year? We did the counts when we did,

Similar wording

yes, June 1st to June 3rd. Did you notice any sidewalks on Pastoria Street?

Similar wording

um no not not per se no not that I recall right so we're talking about um you said

Similar wording

pastoria street is how wide 14 and a half feet approximately and it's two ways so that means

Similar wording

that cars can pass each other on that on that street correct correct and if one or more people

Similar wording

are pedestrians on that street with a stroller with a wheelchair or just or just with their legs

Similar wording

they all have to share that 14 and a half foot width is that correct they do i mean unless a

Similar wording

consideration is to ban pedestrians which is certainly an option but that's not what i'm

Similar wording

recommending uh but sure yeah they'd all be sharing the width uh-huh correct so on top of

Similar wording

hawkins street are there sidewalks i can't recall um should we show you a photo then

Similar wording

if you need to. Okay.

Similar wording

Steve, why don't you show a photo of the sidewalks on Pastoreas while you're at it?

Similar wording

Steve, why don't you show

Similar wording

a photo of the sidewalks on Pastorious

Similar wording

while you're at it?

Similar wording

We have testimony that there are no sidewalks on Pastoreas.

Similar wording

You just showed all the...

Similar wording

I'll deal with it on redirect.

Similar wording

No, the testimony is from Mr. Montanez in our last hearing that he showed that there's no sidewalks.

Similar wording

Okay, I'll deal with it on redirect.

Similar wording

All right. I'm looking in your binder, so I don't know where the...

Similar wording

So, both of you know, we gave this an hour, we're five minutes away from an hour.

Similar wording