well then why does the map omit people who are on washington lane if they're all supposed to
oh never mind we're not i'm not sorry i shouldn't be let's let's move on yes ma'am
and then finally i would note that we have
we lost your screen oh sorry
okay is that back yes it is okay this is simply another section of the open maps showing that
the property directly across the street which we all know as johnson house is historic
Germantown Avenue is its own historic district, and the property immediately adjacent to the
Germantown Avenue is its own historic district, and the property immediately adjacent to this large property is also historic as well.
So that is one of the things which has not been considered is the effect on this historic street, on the historic property directly across the street, and on this location directly adjacent to it.
And then finally, under open maps, this is the city of Philadelphia's list of bike networks.
I know that the project makes a big point of this being acceptable to have reduced parking because
you're along Germantown Avenue. However, there are no bike network or bike-friendly streets
anywhere within several blocks. Further, you're not going to be riding on Germantown Avenue,
which has approximately 9,000 cars per day, is cobblestones and also has trolley tracks.
the main effect of trolley tracks and a cobblestone road is your bike tire gets caught in it you go
over the handlebars and get thrown into all incoming traffic uh there are a couple other
points that i did want to make i'm grateful that mr shermer has raised that the subject property
is actually a unofficially a transit-oriented property in that you have public transportation
running along charmantown avenue highly let's let's mr sherman let's finish up for you because
we got a lot of people we want to get to okay and uh i just would need one of my clients to
adopt the testimony so and actually if i'm while i'm thinking of it could if i could ask that the
chair would request that all of the uh zoo members who are neighbors and oppose this raise their hand
And then if we could pick out Mr. Baker, Finney, Lickman, Tavani, Vogel to adopt testimony.
Thank you.
I'd like to make a general relevance objection for the record.
Sewer capacity and bicycle lanes are irrelevant to zoning issues.
I understand.
Before we go on, let's work it the same way.
Does any board members have any questions for Mr. Shermer?
No, Mr. Shermer.
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
And so what we're going to do is we'll go to the virtual audience.
Who has questions or statements in the virtual audience?
Chair, we have seven hands that, well, we have seven to eight hands that are up, Chair.
I don't know if they're raising their hand because they're opposed or they want to say something.
Right.
So why don't we do this?
Just pick somebody out of the audience.
If I could, Chair, this is Tanya.
Could I please ask the virtual audience to put your hand down if you do not want to put testimony on the record?
Only those who wish to respond with testimony.
Thank you.
Okay, Mr. Chairman, we have Erica Almiron.
Mr. Almiron, you can unmute yourself and wait for the chair.
hello hi could you do me a favor could you state your name for the court reporter yes my name is
erica almiron and you swear for him to tell the truth the whole truth and nothing but the truth
yes and do you live where do you where do you live what block do you live
46 east washington lane
okay please proceed yes um so i'm i'm uh present here today because
i uh just got wind of this development probably like a week ago and uh i have some real concerns
about how fast this is moving without real input from communities because i um was not aware of
the first hearing in December. It wasn't until the neighbors from the Coalition of Germantown
Neighbors put something in my mailbox on New Year's Day that I even heard anything about
this development. I've been here 10 years. I know of other neighbors on the same block
who have not heard of what's going on in the corner, including 44 East Washington Lane,
48 east washington lane so we are literally within feet from this proposed development
i have we have a lot of concerns uh concerns about and i know that um sewer like our water backs up
and sewage backs up already into a lot of the basements in this neighborhood our houses are
my house is 110 years old um i wonder what kind of construction on this block will do to the
foundation of my house um on top of of course parking uh which is already difficult to find
in the neighborhood uh we have a lot of people who um are just concerned about air quality and
quality of life um so i'm i'm here to say that i i oppose the marriage changes and and i'm sure
thank you changes and and i'm sure there are other people here as well thank you for calling in mr
that there are other people here as well.
chairman and members of the board i i don't wish to unnecessarily cross-examine i'd like to simply
make a statement but i'm puzzled i've heard mr schirmer and ms almiron mentioned the coalition
of germantown neighbors as if it's a incorporated or official type of organization i i still have
not heard any proffer as to standing on behalf of this supposed coalition. Thank you. Thank you.
If I might well pick up, the Coalition of Germantown Neighbors would be an unincorporated
association, which includes near neighbors. Thank you. Thank you, Mr. Shermer.
Anybody else in the virtual audience? Chair, we have Stephanie Vogel. Ms. Vogel,
you can unmute yourself and wait for the chair's instructions. Thank you very much. Could you
please state your name and spell for the court reporter? Yes, sir. Thank you, Chairman Bergman,
for recognizing me. My name is Stephanie Vogel. Vogel is spelled V-O-G-E-L. I live at 38 West
Pomona Street. I am part of the Coalition of Germantown Neighbors, and I live just around
the corner from this property with my children. Right. I submitted written testimony last week
in opposition to the variance request. I am well aware that there is widespread opposition to this
proposed development. We believe that the impact that this proposal has on the infrastructure
and very critically on the environment and on the community posts serious risks that have not been
considered and I am disheartened by some of the testimony that I've heard under oath
because I know it to be not true by Adam Labor. There are significant concerns about the
infrastructure impact such as the sewage that's already been mentioned, fire prevention, police,
lighting, traffic safety. None of this has been discussed or brought to attention. Public health
issues have not been considered and concerningly there are 200 very similar apartments that are
currently coming on the market within a matter of blocks. There has been no hardship justification
made or need to change the setback from eight feet to zero feet. I'm concerned about the flooding if
that happens and I also don't believe that there's a hardship justification to exceed the maximum
occupancy above 60 percent. There are in fact serious concerns with this rapid increase in
in urban density.
And I am actually in favor of more density in this area,
but I would like to have smart density.
And I strongly believe that this is poorly designed density
and there is no community benefit.
And I strongly request that you deny this proposal.
Thank you very much.
Thank you.
Anybody else?
Mr. Chairman, if I may,
I just have one or two questions for Ms. Vogel, please.
Ms. Vogel, you've stated on the record that I've made lies to the Zoning Board of Adjustment,
and I'll allow the Zoning Board to make their own determinations regarding that.
I've shared on the screen an image, which I believe, based on the testimony that you
offered shows the closest point between your residence and the subject property uh you stated
that you're around the corner it's actually quite a far corner um and in fact uh mr chairman and
members of the board miss vogel is not even uh listed on the planning commission's list of
immediately impacted neighbors as this chart shows uh she is located at the closest point 370 feet
away in the interest of time i would like to simply make an objection on the record to miss
vogel's testimony as not being an agreed person under william i i i understand mr labor thank you
any anybody else anybody else have something different they want to offer uh mr chair do i
get across sure well essentially a response to mr labor uh provco partners the 250 foot distance
is the minimum necessary for the people who are deemed aggrieved and it's not worth arguing about
whether or not they are impacted under case law and commonwealth court provco partners people can
be impacted up to 200 feet 400 feet 600 feet up to a half a mile depending on where they are and how
big the project is obviously if you're within 200 feet and we're arguing about how high a fence is
Obviously, if you're within 200 feet and we're arguing about how high a fence is, that probably doesn't matter.
that probably
When you're talking about the major redevelopment, bringing in 50 units along with all the other units, that test, 250 feet, is not a test for standing.
It is a test for notice of a public hearing.
And again, William Penn doesn't apply to any of this because we haven't even made a decision.
This is talking about people being allowed to speak at a public hearing.
but it does not go to the standing
to appeal a decision to the Court of Common, please.
Thank you, Mr. Shermer.
Thank you, Mr. Shermer.
Chair, we have a Sabra Townsend.
Mr. or Ms. Townsend, you can unmute yourself
and wait for the Chair's instructions.
I'm unmuted.
Okay, could you state your name
and spell it for the court reporter?
Yes, my name is Sabra.
First name is S like Sierra.
A, B as in boy, R-A, last name is Townsend, T-O-W-N-S-E-N-D.
Do you swear to or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
Okay, thank you. Proceed.
Thank you for the opportunity, Mr. Bergman, Mr. Laver, Mr. Shermer.
I've already sent in a letter to the Zoning Board of Adjustments asking for denial of the application for five variants on this property.
The main one is the first-use variants.
I don't want to repeat what I have submitted, and I would offer that to the record,
specifically that there have been challenges with the United States Postal Service in 19144
that is documented that there have been difficulties with delivering mail.
I would also state, as Mr. Laver pointed out in a public meeting, that I do live at 67
West Washington Lane as an interested party. I would say that I was also emailed by one of the
listed RCOs on the blank Rome letter that includes the note of refusal. Mr. Patrick Jones, who
represents himself in this letter as one of the RCOs, but in the email that he sent to me and
other neighborhood folks and asked us specifically to stop speaking with other neighbors about their
opinions of this development and i find that i'm not an attorney but it seems to me that that would
be a bit of a conflict for an rco to pointedly email uh active community members uh to stop
talking about a proposed project that will affect them um actually mr chairman i think there's some
confusion of issues and this is not relevant it's not even something that's come up in testimony
So I mentioned that, Mr. Labor, again, I'm not an attorney, but it seems to me that a person who's listed in your blank, maybe not yours, but from the blank room law firm as an RCO would ask members of the community to not speak to other neighbors about a development that is proposed for the neighborhood.
So as an interested party, I wanted to make that point that this development was rushed through.
It appears even in this hearing to allow Mr. Labor the luxury of his total presentation, but not allow Mr. Shermer to continue his presentation does seem a bit unfair.
So with that, I will defer to other near neighbors and neighbors who have their hands up.
Thank you so much.
excuse me mr chairman yes i apologize but i have to uh sign off at this time yes thank you
sure mr chairman regarding ms townsend's testimony i'd like the record to reflect
that ms townsend has put on the uh record her address and on the screen before you show it
It shows closest point 647 feet to the property.
We would concede that anyone may be an interested party, but we would further state for the
record that the near neighbors, those who potentially are most aggrieved, who have shown
their interest in the property, are those with whom we have negotiated largely a community
benefits agreement.
There are several people here who are in support of this project who represent those who are
are most closely affected.
For example, Mr. Chairman,
for example mr chairman in the interest of trying to move the uh the schedule appropriately uh
in the interest of trying to move the schedule
cornelia swinson uh worked to uh put a benefits agreement in place if the board so wishes to hear
from ms swinson sure it's could he could he raise his hand please ms swinson uh if you're present
would you kindly raise your virtual hand so you can offer testimony to the board
I don't see anyone with the last name Swenson.
We may have lost some members due to the late hour.
I wasn't aware of that.
I've heard that her speaks for itself.
All right.
Is there anybody else with their hand up?
here we have someone by the name of david urts mr urts you can unmute yourself and wait for the
chair thank you mr urts state your name and spell for the court reporter my name is david urts
d-a-v-i-d-e-r-t-z do you swear or affirm to tell the truth the whole truth and nothing but the
truth? I do. Please proceed. I've lived in the neighborhood for 35 years and Comer Paper was
sort of an eyesore even back then. It's really been, I mean, the company was a wonderful company.
The women who ran the company were great, but the building is an eyesore. And I believe, you know,
the variances that are being requested are really pretty modest and the building when you look at
some of the things that have gone up further up germantown avenue and mount airy the building is
head and shoulders and quality above them so i would firmly support this project thank you thank
Thank you, Mr. Ertz. Any questions for Mr. Ertz? Okay. Look, there's hands up. We've heard a lot
of testimony. If someone has something different to say, please raise your hand and we'll let them
say that. But if not, we're going to have to move this along. Chair, if I could mention,
this is Tanya, the administrator. We do have a representative from council office, Mr. Richardson.
please please please allow him yeah absolutely thank you
good afternoon mr chair i'm mr richardson how are you i am good your name and spell your name