hi mr phillips can you put your name and address on the record and spell your last name please
Good afternoon. Michael Phillips, PHILLIPS, Clare Harrison, 1835 Market Street, Suite 1400, Philadelphia PA 19103.
Do you swear to the firm to tell the whole truth and nothing but the truth? I'm sorry.
I forgot. Yes, I do.
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
I agree to waive the reading, but cannot stipulate to its accuracy.
We have made actually some revisions that have eliminated some refusals, and there's
one refusal that is a bit off that I'll get into in detail.
Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral,
voters under plans of the property five days in advance of this hearing, and have you met
with the RCO, and do you have a letter?
yes you all thank you you may proceed thank you again uh again i'm here on behalf of high top
real estate development the equitable owner of 2504 and 2506 to 08 east york street uh i have
with me here today david lanskroner who's a principal with high top real estate and development
as well as herb schultz who's the design professional on the project uh we are proposing
a unity of use of these two lots to eventually they will be consolidated and this will be
a joint project. But we're proposing one building. And the reason that I'm about to share my screen
that I couldn't stipulate to the accuracy of the refusal is because we have made some significant
changes as a result of over a year of negotiations with the neighborhood.
So the original plan that we were proposing, and I'll just show a quick photo of it first,
and then we'll show the refusal, but we were proposing a five-story mixed-use building
with ground floor commercial and 24 residential units above.
We have now revised that significantly,
and after numerous discussions with community and near neighbors,
and after numerous discussions with community and near neighbors, we're down to a three-story
building that's only 30 feet tall with 18 residential units, two of which will be
affordable. So with that backdrop, I'll quickly get into the refusal and then
describe the surrounding area and the project. As you'll note on the refusal, we are in the RSA
5 zoning district however we're on a commercial corridor of york street where no other property
on this particular block has been developed in accordance with the rsa 5 standards
and furthermore as you head north along york street the next 53 properties are all either
RM1, CMX2, or ICMX. Where we are now is designing this so from a use standpoint it complies with
CMX2 or RM1 standards. It actually, if we look at the refusal that we received,
one was for multi-family, that is still there. We did originally receive a refusal for the proposed
commercial space, however that's been eliminated as this is solely a residential project.
Open area required 20 percent. We're at 14 percent. Rear yard depth is at nine feet.
This is where the refusal was off. It says five feet, but we're now proposing a rear yard,
which is consistent with the other properties on the block. And height required 38 feet. Initially,
we were at 59. The additional 10 feet was because the pilot house was
larger than permitted, so we triggered a refusal for 69 feet. However, that has been eliminated
as we're at 30 feet now. Take it to the surrounding area. This is a view of the property. I will
enlarge my screen. It is a corner lot founded with York and with frontage on York and Belgrade.
To zoom out a bit there's Green Eggs Cafe right next to us and then these are 24 East York.
the uh they're both industrial and commercial uh offices and lofts uh that and that is a i believe
a 55 foot building and that initially was the guide for why we were seeking the additional
height at first um and the uh the larger density with the commercial component on the ground floor
to zoom out a bit more this will give you even more context of the width of york street so it's
100 feet. Here's Green Eggs. Behind us is a multifamily condominium townhome project
that was developed a few years back. Again, this is zoned RSA 5. They did receive variants for
the multifamily use and for not having a rear yard. And then here's 2424 East York.
As you even zoom out a bit more, this will give you a bit more context of the commercial use on
this side of York Street, and then here's Aramingo Ave. So this really is a connector,
and we feel that the location can absolutely support the density that we're seeking.
Give me one more view. Here's Planet Fitness, there's commercial properties here,
and then as you go north. To take a look at the zoning maps,
here is the property is down here. Zoned RSA 5. Next to us, green exit zone CMX 2. As I mentioned,
this is the neighboring condominium townhome development. As you head north, we have ICMX,
RM1, CMX2, and even pulling this out further, CMX2, RM1, RM1, RM1. So of those 56 lots,
you have 35 zoned RM1, 20 zoned CMX2, and this one large piece zoned ICMX.
And so the relief we're seeking is for that multifamily use predominantly.
So, this project started back in November of 2019 is when we had our first meeting with
the community.
And the plans that we were presenting were for this larger 59-foot tall five-story building
with the ground floor commercial and 24 units above.
We received feedback from the community and particularly the neighboring HOA had strong
had strong opinions on the height insofar as they argued it would block their views.
opinions on the height and so far as they argued it would block their views.
They also did not like the ground floor commercial component and wanted this to
remain fully residential. And there was an issue with density, but we saw the
ground floor commercial use and the height as their largest concerns. So we sat down,
had some discussions with the neighboring HOA and their attorney about ways that we could modify
this plan to address their concerns. And then the pandemic happened. So we were kind of on pause
for a while. Fast forward then, about a year after our initial meeting, we were ready to come back
of the drawing board meet with the community again and at this point we presented a revised
plan that eliminated the commercial component altogether and at this point we were proposing
work live units on the first floor because of those work live loft type units we still were
maintaining a 50-foot height, so reduced from the 59 feet, but nonetheless had changed that
commercial component. The residential count actually increased from 24 to 25 to account for
the work-live space. We met with the community, and again, there was this time pushback on the
work-live aspect and of that ground floor use. There was a bit of a difference in opinions of
members of Fishtown Neighbors Association, as reflected in their letter, would like to see
commercial on the ground floor. I believe that the commercial corridor can absolutely support it,
but members of the HOA were adamant that, as the near neighbors, they did not want that ground floor
commercial. They wanted this to be a purely residential project. So two months later,
we came back with something very similar to what we're proposing now and completely addressed
two of their concerns. One with height, we dropped it down to 30 feet. So we're eight feet lower than
And we could be, by right, totally eliminating any concerns about any sight lines or views.
Secondly, we made this completely residential.
So it's a three-story building where we're proposing 21 units.
And to also address some of the concerns that the community had brought up about the availability of affordable housing,
especially in Fishtown, where there's such a dearth of affordable housing.
We also agreed to provide two affordable housing units at the development.
There were questions brought up about where the main entry would be.
We agreed to move the entrance off of the side street and to keep everything orienting towards York.
after the community meeting, there were still concerns about the 21 units and the density.
So what we are proposing now in the proviso plans that have submitted, reduce that further to 18
units, six units per floor. We would still maintain two units at affordable levels. And we also
will have a green root component. Now, this is important because if you were to analyze this
under either CMX2 or RM1 standard, and we had those bonuses available to us, under CMX2,
we'd be able to utilize bonuses and do 18 units by right and provide the affordable units as
we're proposing. Under RM1, that number would be increased to actually 19 units. So we're well in
line with what would be permitted had this property in this block been zoned just like
all of the other properties on the north side of York Street or like the other properties
on this specific block.
Just to take you through some floor plans.
Basement level, we have a fitness center.
I'll zoom in a bit.
We're proposing 33 places of bicycle storage.
We're really promoting this as a bicycle-friendly development.
So there's some at the basement level,
but also some along this accessible route
uh some along this accessible route where you walk right in and then you have the uh bicycle
where you walk right in and then you have the, uh,
storage here most of the units are uh two bedroom there are studios as well these two that are
shaded in blue would be the affordable units that we're proposing and then as you uh as you head up
To the second floor, then, we have the additional units, and we also have this green roof element
that we're proposing as part of the project.
Here's just the elevations again.
We're at 30 feet, 10 foot high ceilings for each floor.
So we've taken considerable effort over the past year to listen to the community's concerns and really address the issues with height and the ground floor use.
While we can't please everybody when it comes to the ground floor use, whereas the FNA wanted to see commercial space along the ground floor and the neighbors wanted to see residential, we feel that this does fit within the context of York Street and would enhance the commercial corridor.
In terms of density, as you head north, as I mentioned before, and you look at the zoning maps, and we have, you know, ICMX in these RM1 projects, the MX2, 0.1 miles away, there's a project at 2636 East York Street.
that was approved for a variant very recently. And let me just change one thing here so I
could do a continuous scroll. So this is a 10,000 square foot lot, and it was approved
by variants for 42 dwelling units. And again, this is 0.1 miles away at 2636. From a density
standpoint we're actually less dense than network 5 000 square feet approximately and we're proposing
18 units so half the size um and 21 would be half the unit so we're below that um again consistent
there's other examples i can give as well if you look at 24. i think you can summarize mr phillips
pardon the interruption that would be helpful thank you yeah absolutely i know it's been a long day
So, again, we've worked hard to come up with a project that conforms to CMX2 or RM1 standards.
The proviso plans have been provided to show the reduction in the height, significant reduction in height, significant reduction in density, and that we have addressed the concerns of the neighborhood.
neighborhood. I would like to just point out in FNA's letter, which they did submit in
opposition, they did note their support of our plan to include affordable units and moving
the main entrance from Belgrade to York. And if you look at the elements that they took
objection with, they felt that it was too dense for an RSA five zone lot. But as I've
noted, we've developed this and designed it along CMX2 RM1 standards. They note the lack
commercial space which I had mentioned that we had eliminated as a result of the HOA's concerns
and they also mentioned lack of type A accessible units which I was a bit confused about because
as Herb Schultz the architect is here and can testify to we have an ADA accessible unit on the
first floor and I believe you know and that is type A and then there will be five other units
now with a reduced scheme that are type B units so this is a very accessible project that complies
with the ADA in all regards.
So with that, I would like to call
David Lanskroner on
the equitable owner
and just ask that he adopt my testimony.
Good afternoon, sir. Please identify
yourself. Spell your full name and I'll swear
you, Lynn.
What's the name of the person you're
looking for, Mr. Phillips?
David Lanskroner.
Mr. Lance Croner you can unmute yourself and speak now
Hi please identify yourself
Spell your full name
David Lance Croner
L-A-N-D-S-K-R-O-N-E-R
You swear or affirm to tell the truth
The whole truth nothing but the truth
Thank you Mr. Phillips
David you heard my testimony a moment ago
Okay and
Do you agree that everything that I stated is true and accurate?
Do you agree that everything that I stated is true and accurate?
And do you agree to adopt my testimony as your own?
Questions from the board?
Anyone else would like to testify in this case?
If so, please raise your hand.
Only on this case, if you'd like to testify.
There we have a Kenneth Wood.
Mr. Wood, you can unmute yourself and speak now.
Good afternoon, Mr. Woods.
Please identify yourself, spell your full name, and I'll swear you in.
Good afternoon.
Kenneth Wood, K-E-N-N-E-T-H, W-O-O-D, 2516 East Boston Street, Philadelphia, PA, 19125.
You swear if I'm to tell the truth, the whole truth, nothing but the truth.
Thank you, sir.
Please proceed.
Yes, this is an RSA 5 lot, and the proposals for the 21 units, which with the density, would be far out there.
That's why I oppose this project under 14-303.
It's a specific detrimental impact on the neighborhood would be congestion to the public streets and transportation system.
Yes, the streets are already fully backed up, and the Route 89 bus routes along York Street there, that would severely impact that.
Overcrowding the land, yes, 21 units when it's zoned for RSA 5, which would be about five to six homes, is a big difference, and single family.
uh the burden of the sewer system 20 more 21 units would be uh quite a bit of people living
in that project which would be more in the sewer system and the flooding that's been going on
lately is is is just crazy and the impairment to to the confirming properties would be the foot
traffic would be unbelievable trying to get across that york street there uh f endangering the public
safety and fire means, the traffic congestion, that's an emergency route for the police department
and the fire department for years. They've been going up York Street there. And with all the
traffic and congestion, it's going to severely impact the response times of those services,
city services. Plus the noise pollution from the vehicles, radios, door car alarms, and horns