civus
Hearing video

ZBA Hearing - February 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 16, 20223h 51m

Again, we met with them numerous times in an effort to reach some type of a consensus

Similar wording

to make sense to use this property.

Similar wording

It is one address rather than subdivided and have multiple, perhaps single family or

Similar wording

multifamily dwellings.

Similar wording

We thought that this parcel was compatible with the remaining uses on the block and that

Similar wording

it would make sense for all concerned and with that letter of support from the community I think

Similar wording

that there was a common ground reached and we were able to obtain a letter of support from the

Similar wording

community group and with that I would rest and open the floor for any questions or comments and

Similar wording

or have my client adopt our testimony. Why don't you have your client adopt your testimony first?

Similar wording

Aaron Sitbom, S-I-T-B-O-H-N. Can you raise your hand so you can be unmuted? Aaron?

Similar wording

can you hear me yes could you state your name and spell it for the court reporter please

Similar wording

yes my name is aaron sidbon my last name it's s-i-t-b-o-n do you swear or firm to tell the

Similar wording

truth the whole truth and nothing but the truth i do thank you counsel mr sidbon were you uh present

Similar wording

during my presentation of this project yes and did you hear my testimony yes and if you had the

Similar wording

opportunity to testify would you adopt my testimony as your own and it's true and correct yes thank

Similar wording

you sir questions from the board and no mr chairman no mr chairman no mr chairman

Similar wording

questions or comments from the virtual audience

Similar wording

mr chair i have miss rosalind mckelvey with her hand raised i will allow to speak at this time

Similar wording

thank you

Similar wording

good afternoon hi could you hi could you hi could you state your name and spell for the court

Similar wording

reporter, please. Rosalind McKelvey, R-O-S-A-L-I-N-D, last name McKelvey, Emma Zemery, C-K-E-L-V as in

Similar wording

Victor E-Y. Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the

Similar wording

truth? Yes, sir. Thank you. Proceed. I've listened to the presentation. I've met with Mr. Sitbaum,

Similar wording

and I'd like to make some notations to go along with your decision. There are three RCOs that

Similar wording

overlap on this property, Faith, 12th Ward, and the 49ers. We are the hosting. So the hosting

Similar wording

RCO has approved. The other two RCOs had questions. Faith had a question of senior citizen

Similar wording

or low-income apartments, and I believe 12th Ward had a question about the next-door neighbor who

Similar wording

has agreed in opposition. That being said, we sent in our summary late due to a possible

Similar wording

community-based agreement, benefit agreement, and we were working on that due to language from Mr.

Similar wording

Clinton as up till yesterday. Otherwise, this would have been an earlier, and we do apologize.

Similar wording

I tried to make a detailed response because this street, as you see, as large as it is,

Similar wording

and as many facilities and institutions that are on it, the response came from near neighbor,

Similar wording

as stipulated by the zoning board, but also responses came from houses which were within

Similar wording

two houses, no more than a block and a half to two away. And I must say, this has been a two

Similar wording

and a half year struggle. And we did get more positive involvement with this than others

Similar wording

in favor of it. But I do not want to negate or leave off the question of the man that lives

Similar wording

next door

Similar wording

He wanted to go. He did sign a letter that said he was in approve of it. And we did have the neighborhood meeting that Aaron had, and there was no one voicing opposition to the project. Curiosity, yes, but not opposition.

Similar wording

he wanted to go

Similar wording

he did sign a letter that said

Similar wording

he was in

Similar wording

But then 24 hours as of our RCO meeting, the gentleman started to talk about air quality, traffic, and Worcester Street is very busy, and he wanted parts of his property purchased.

Similar wording

So in the picture that Mr. Clinton showed, it showed fencing and a wall that would possibly interfere with the egress that they share.

Similar wording

and Aaron at the meeting told him the wall and the gate was only put up because the neighbors asked

Similar wording

for it and he was willing to take so there's an original picture where there's no wall there is

Similar wording

no gate so his traveling in and out of his egress and his property would not be hampered at all

Similar wording

and Aaron said he can take the gate and the wall out he still wanted property bought and as of this

Similar wording

morning we still had emails asking for somebody to buy his property and he so um the opposition

Similar wording

that the opposition we got was three opposed but it came out to eight yeses on responses

Similar wording

and the rcos it was as i said there were two no's but he did change to say he would have 20

Similar wording

of his apartment for senior citizen and low income. That's going to equal four. So I believe

Similar wording

that satisfies the other RCO's question. The last part was on, and this is the part that I think

Similar wording

Mr. Clinton's language in the agreement, if you can see, we sent it in. He said he would get $15,000

Similar wording

towards supporting the neighborhood safety, security, and beautification processes. And we

Similar wording

said we have two neighbors that would sit on the overseeing of that they said they would give us

Similar wording

money and we said we don't want any money coming into anyone's pocket it's to be by application

Similar wording

so when you see i i think a man man i don't i don't as the zoning board we really don't want

Similar wording

to get into about right okay i think it's it's it's enough to say there's a community benefits

Similar wording

agreement but we're not going to who gets the money who does that so i want to concentrate

Similar wording

on the zoning issue so there there we are with the voting on it we did get voting you see i don't

Similar wording

know if it came into y'all but mr uh clinton did show what we did submit i appreciate that thank

Similar wording

you thank you thank you much for your your call and your detailed information is there anyone else

Similar wording

in the virtual audience mr charles richardson bye mr richardson good afternoon again mr chair i i

Similar wording

think i may have sworn you once already today you did okay just state your name and then proceed

Similar wording

charles richardson from the office of councilwoman cindy bass room 312 city hall

Similar wording

councilwoman uh as there is a cba in place and she is not opposed to granting the variance

Similar wording

thank you very much mr richardson any other questions from the virtual audience

Similar wording

so mr matthew bailey has his hand raised i want to speak at this time

Similar wording

hi mr bailey state your name and spell for the court reporter please

Similar wording

matthew bailey b-a-i-l-e-y right do you swear or firm to tell the truth the whole truth and

Similar wording

nothing but the truth i do proceed um i have been working i am a near neighbor i'm at 301

Similar wording

east worcester street my property actually does butt up against um the proposed uh structure at

Similar wording

321 East Worcester Street. I have been actively involved in this project for over two years now.

Similar wording

One of the unfortunate parts about this neighborhood is many folks here have an

Similar wording

opinion, but they don't care to share it within our RCO meetings or what have you. I am getting

Similar wording

positive support from them for this project. This has been after a long time of negotiating with

Similar wording

Mr. Sitbon about the number of units and the parking units and other matters that probably

Similar wording

do not pertain here, security and lighting and things of that nature. I will say that I would

Similar wording

like this, if you go ahead for approval, that there is a proviso of this, what do they call it,

Similar wording

community CBA, community CBF, community benefits fund for help. That was discussed and that was

Similar wording

a positive part for the neighbors in my community. That being said, I think it is important to know

Similar wording

That being said, I think it is important to know that Mr. Sitbon has worked with the community throughout this whole project and has been receptive to everything that we have talked about and has tried to have been as accommodating as possible.

Similar wording

that

Similar wording

So I am just reiterating all of this stuff and giving my support.

Similar wording

Thank you, Mr. Bailey. Thanks for the call and thanks for your information. Is there anyone else?

Similar wording

Ms. Barbara McPherson.

Similar wording

Okay.

Similar wording

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

Similar wording

Ms. McPherson, please unmute yourself.

Similar wording

unmute yourself please

Similar wording

okay we're gonna have to move on yes hold it hold it hold it hold it could you please state

Similar wording

your name and spell for the court reporter please miss barbara mcpherson right do you

Similar wording

swear or affirm to tell the truth the whole truth nothing but the truth yes i do please proceed yes

Similar wording

i live next door to one of the developments that they did and the building that is next door to

Similar wording

me had been empty for like 15 years and anything and everything was inside of there i was so pleased

Similar wording

when they brought that building and fixed it up.

Similar wording

Then I felt I was safer with my kids in the yard playing

Similar wording

and on the outside playing.

Similar wording

Because before that, I was scared to let my kids go out there.

Similar wording

But there was drug dealers in it,

Similar wording

chicken in that building.

Similar wording

People was living in it.

Similar wording

It was just a mess.

Similar wording

And the best thing that could have happened to me

Similar wording

next to a building that was empty for 15 years

Similar wording

was somebody to buy it and fix it up.

Similar wording

And I'm very pleased what he did with it.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Well, thank you for calling in.

Similar wording

We appreciate it.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

Planning Commission.

Similar wording

Good afternoon, Chair Bergman, David Fecto, City Planning Commission, members of the board.

Similar wording

The comprehensive plan recommends no change to the residential single-family zoning at this location.

Similar wording

There is no unique physical condition of this 27,195 square foot lot that would prevent it from being used in conformance with the zoning code, since the lot could be subdivided by right.

Similar wording

And the proposed multifamily use at this location conflicts with the general growth strategy described in the comprehensive plan.

Similar wording

That plan encourages dense multifamily developments on commercial corridors and at major transit stops, not in the interior of the neighborhood.

Similar wording

So the City Planning Commission recommends that the Board deny the use variances for multifamily units.

Similar wording

Thank you very much, David.

Similar wording

MI 2020-001-262-321 East Worcester Street.

Similar wording

I vote yes with the revised plan of one page and maximum of 21 units.

Similar wording

Carol?

Similar wording

Thomas Hellman my vote is yes we provide so. James Snell yes we'll provide so.

Similar wording

Ishmael Shaheed yes we'll provide those.

Similar wording

Thank you Mr. Clinton. Thank you Mr. Berman thank you Mr. Chairman.

Similar wording

MI 2021-003-233-622-North Shedwick Street, RCO, Mantua Civic Association, a letter of support.

Similar wording

Mr. Nockamson.

Similar wording

These were promoted to panel, sir.

Similar wording

Mr. Nockmson, you've been sworn, just state your name.

Similar wording

Yes, Alan, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

Similar wording

The vice chair has a few questions for you.

Similar wording

Thank you.

Similar wording

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

Similar wording

I do.

Similar wording

Based on the notes I have, you have submitted the required documents. Is that correct?

Similar wording

Based on the notes I have, you have submitted the required documents. Is that correct?

Similar wording

That is correct.

Similar wording

You may proceed.

Similar wording

May I share my screen?

Similar wording

Yes, you may.

Similar wording

Thank you.

Similar wording

All right, so in front of us is 622 North Shedwick Street. It's in the Mantra section of Philadelphia.

Similar wording

in my present and we're seeking to put a triplex on this property in my presentation materials

Similar wording

we'll go through the news of refusal the letter of support from androids civic association

Similar wording

my client made a concerted effort to meet with the community we originally met with the community

Similar wording

and they had further questions and after the second meeting is when they overwhelmingly

Similar wording

supported our project. Exhibit 3 is a Zoning Board of Adjustment decision under calendar

Similar wording

number 38747, where the board did grant a multifamily unit proposal under similar circumstances.

Similar wording

Exhibit 4 is maps of the area, as well as maps of the area. Exhibit 5 are photographs of the

Similar wording

property in the surrounding area. Exhibit 6 are the architectural plans and drawings. Exhibit 7

Similar wording

is the notice that was sent to the community for the meeting for the operative vote. Exhibit 8 is

Similar wording

the application for appeal. Exhibit 9 is the deed to the property. And Exhibit 10 is our certificate

Similar wording

of tax clearance. We have a representative from Kumas Homes who will testify and adopt my

Similar wording

testimony. All right, so first things first, this is an RSA 5 property, but you'll see from the maps

Similar wording

of the area, this is a rather large property in comparison to the other properties on North

Similar wording

Shedwick Street. The property is almost 1,600 square feet, and it's rather wide and large in

Similar wording

size and in comparison to the other properties on that block. All we're looking to do is put

Similar wording

three units there. There are multiple entrances on Shedwick for this property. In addition,

Similar wording

you'll see through the drawings that there is an opening right down the middle of the property,

Similar wording

an alleyway that we created for our residents so they can be able to transport themselves from

Similar wording

the front and back and vice versa, just in general for egress purposes, as well as for trash removal

Similar wording

as well. So as I indicated, we did meet with the Mantua Civic Association. It was a well-attended

Similar wording

event. 14 people voted in support of the project. Two people voted in opposition. An additional

Similar wording

four people voted in non-opposition. So essentially, 90% of the people that attended that meeting

Similar wording

being either voted in support or non-opposition of this project.

Similar wording

And, you know, just to provide some context here, this board considered 716 North Shedwick

Similar wording

Street under appeal number 38747, admittedly a larger property, but still granted multifamily

Similar wording

use of five units. And then just maps of the area, you can see that there is a sliver of this

Similar wording

neighborhood that's RSA 5, but we are surrounded by RM 2 and RM 1. But you'll also notice from the

Similar wording

map that we are a rather large parcel in comparison to the other parcels that are on Shedwick.

Similar wording

and then just showing where we are we're not off of manchua avenue uh you know we're trying

Similar wording

to add density for to help uh their commercial corridor grow as well

Similar wording

and then photographs of the property as you can see we're a rather

Similar wording

wide property uh there's multi-family behind us right here that was being built

Similar wording

and we keep the property in good repair

Similar wording

and then you can see pictures on north shedwick to the right of the property

Similar wording

north shedwick to the left of the property and then just example interiors again the developer

Similar wording

for this project is kumas homes kumas homes has been in business in the city of philadelphia

Similar wording

for approximately 15 years they're headquartered on point breeze avenue in point breeze not only

Similar wording

are they the developers they also do the general contracting work and they also do the leasing

Similar wording

And they also do the leasing of the properties as well, as well as the property management.

Similar wording

of the properties as well as well as the property

Similar wording

So it's really a one-stop shop.

Similar wording

But you'll see the sample interiors, hardwood floors, stainless steel appliances, granite countertops.

Similar wording

Again, just different images of, you know, examples of their work product, the kitchens, of their bathrooms, of their living rooms.

Similar wording

additional photos

Similar wording

and then just our plans and drawings let me just decrease a little bit so we can get some context

Similar wording

here

Similar wording

but you can see there are multiple entrances on the front facade for the tenants

Similar wording

And more importantly, you'll see in the middle that there is a breezeway right in the middle

Similar wording

where the tenants can go front to back and back to front for access as well as for garbage removal.

Similar wording

And then just again, just to quickly go through the floor drawings, there are three units here.

Similar wording

The first unit is unit number one. You go through the front door, you get into unit number one.

Similar wording

Uh, there is a lower, lower level for this unit. Uh, again, two bedroom, uh, three bedrooms and, and, uh, two baths. Uh, and then you go up a flight of steps and there's a unit number, excuse me, you go up a flight of steps and this unit number two, which is its own floor, and then go up another flight of steps and this unit number three, which is its own floor.

Similar wording

and then just a proof of our mailer to the community when we had the community meeting

Similar wording

again we met february 4th to 2022 at 5 30 p.m

Similar wording

we notified 107 addresses these are the addresses

Similar wording

and here's proof that we mailed that notice to those addresses.

Similar wording