civus
Hearing video

ZBA Hearing - March 19, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 19, 20243h 59m

And, you know, it's just a safety issue for, you know, for her being being able to walk those long distances.

Similar wording

There's been times where, you know, we we come home at night, you know, extremely late.

Similar wording

And I would if we had the choice to park somewhere, you know, it would be in front of our home.

Similar wording

But our second best option will be Tomahawken Street. And if Tomahawken Street isn't available to us, then the only other streets that we have are pretty much Wayne Avenue, Green Street and Walnut Lane.

Similar wording

And it's I don't know if you're familiar with those blocks, but these are extremely long blocks for us to have to walk up and down.

Similar wording

So for for my family and I, I think that is pretty much just a safety issue. And that's all I have.

Similar wording

Right. Mr. Chair, can we have the witnesses identify what their addresses are? Because I'm curious which ones live inside the subject property and which ones do not.

Similar wording

Okay. So the next ones will do that. Okay. Thank you. Next hand, please.

Similar wording

Chair, we have Summer Humphrey. They have been unmuted and allowed to speak.

Similar wording

Good morning. Could you please state your name and spell for the court stenographer?

Similar wording

Good morning. I am Summer Humphrey, Summer spelled S-U-M-M-E-R-H-U-M-P-H-R-E-Y.

Similar wording

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

Similar wording

Yes.

Similar wording

What block do you live on?

Similar wording

225 West Pastoria Street, Unit 18.

Similar wording

Thank you. Are you for or against this project?

Similar wording

Four.

Similar wording

Okay. Is there anything you could add?

Similar wording

um nothing really to be honest that was my husband who just oh well thank you very much

Similar wording

we appreciate your input thank you next hand chair we have fred cap they have been unmuted

Similar wording

and allowed to speak good morning could you please state your name and spell for the court

Similar wording

sonographer yes can you hear me i can uh my name is fred cap f-r-e-d-c-a-p-p

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

Are you a neighbor?

Similar wording

Yes, I live directly across the street.

Similar wording

What block is that, sir?

Similar wording

I'm at 240 West Pastoria Street.

Similar wording

Thank you.

Similar wording

Are you for this or against this?

Similar wording

I'm against it.

Similar wording

Okay, could you tell us why?

Similar wording

Yes.

Similar wording

So I live directly across the street at 240 West Pastoria's with my girlfriend.

Similar wording

and we are expecting our first child at the moment.

Similar wording

Congratulations.

Similar wording

Thank you.

Similar wording

I've lived in the neighborhood my entire life.

Similar wording

I care about the residents and about the neighborhood.

Similar wording

And last year I approached Darren and asked if he wanted to have coffee

Similar wording

to talk about the project.

Similar wording

I met with him.

Similar wording

We discussed everything for over an hour.

Similar wording

And I had asked him if he would ever be willing to accept a negotiation

Similar wording

where we gave him three parking spaces on the Pastorius parking lot

Similar wording

for his handicapped tenants because I heard over and over again

Similar wording

that this is an issue for people who can't walk so far to their front doors.

Similar wording

Darren didn't really say yes or no, never got back to me on that.

Similar wording

So it seems that he's convinced he really wants the 15 parking spaces

Similar wording

on on pastorius um as it stands if he gets approval for those 15 parking spaces um i'm a

Similar wording

little bit worried that my child is eventually going to be put at risk with this big parking

Similar wording

lot directly across the street from our front yard um i want him to be able to ride his bike

Similar wording

walk on the street safely um it is obviously has become a thoroughfare for pedestrians in

Similar wording

the neighborhood, there are a ton of people walking up and down the street all times of day

Similar wording

because it's a nice, quiet street. And I see kids walking to Waldorf School every single day,

Similar wording

riding their bikes, running. It's become a real amenity, I think, for the neighborhood.

Similar wording

And if we allow the 15 parking spots to start using pastories, it's going to be a much busier

Similar wording

Road. You've heard many times that the 200 block of West Pastorius is an alley more than a street

Similar wording

in a historic residential neighborhood, and I'm most concerned with the precedent that this

Similar wording

in a historic residential neighborhood, and I'm most concerned with the precedent

Similar wording

that this variance application would set if approved.

Similar wording

Darren has 20 units and 29 parking spaces already within the property.

Similar wording

If we are calling these 15 additional off-street parking spaces a hardship,

Similar wording

what's to stop other developers in the area from arguing the same?

Similar wording

That they need to build more parking lots and need more than one parking space per unit.

Similar wording

doesn't city planning want to concentrate development that minimizes car traffic and

Similar wording

encourages residents to walk and use public transportation most people in our neighborhood

Similar wording

park on the street because we have few curb cuts interrupting sidewalks i wonder how many of my

Similar wording

neighbors on topahawken or mccallum or walnut lane would feel about having multiple driveways

Similar wording

and a linear parking lot taking up 183 feet of their sidewalks.

Similar wording

I hope we can protect the quality of life for the rest of the people on my block

Similar wording

and those in the larger neighborhood who have to walk in the pastorious partway.

Similar wording

I especially hope that the board denies the variance.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Is there any follow-up questions?

Similar wording

Yes, I do have a few questions.

Similar wording

Mr. Kapp, Michael Phillips here, attorney for the applicant. So, your property front,

Similar wording

Pastorius, is that correct? Correct.

Similar wording

And it's a new construction, it was a new construction home?

Similar wording

Correct. Okay. When was it built?

Similar wording

2022, 2023. Okay. And it was, correct, this was subdivided off of a parcel that fronted

Similar wording

um walnut lane right that you subdivided off the i'm objecting this is going beyond the the scope

Similar wording

of his testimony mr mr phillips could could you try to get to the point sure um you uh have a curb

Similar wording

cut correct yes i built my home by right i needed no variances everything was by right i'm allowed

Similar wording

a curb cut i parked one vehicle there it is nothing at all similar we have discussed this

Similar wording

at previous meetings you've brought this point up at least at two other times i got a buy right

Similar wording

project done i have one curb cut for one vehicle and that is all it is not anything comparable to

Similar wording

thank you thank you mr phillips you have anything else just the only other question are you related

Similar wording

to one of the uh opponents of the project uh miss connie winters yes and how are you related

Similar wording

to Ms. Winters. She's my mother. Okay. Thank you. No other questions. Okay. Next hand.

Similar wording

Chair, we have Yvonne Haskins. They have been unmuted and allowed to speak.

Similar wording

Good morning. Good morning, Ms. Haskins. Could you please state your name and spell for the

Similar wording

court stenographer? Yvonne Haskins. Y as in yesterday, V as in Victor, O-N-N-E. Haskins,

Similar wording

H-A-S-N-S. All right. Do you swear or affirm to tell the truth, the whole truth and nothing but

Similar wording

the truth? I do. Are you a neighbor? Yes, I am. In what block do you live in? In the 200 block

Similar wording

directly across the street from 224 all right are you for this or against i have to be against it

Similar wording

all right thank you you've heard a great deal of testimony that we just heard is there anything

Similar wording

else that you could add i would like to add two things that i have not heard anyone speak to

Similar wording

I understood from prior discussion that all of the traffic from Mr. Beelvich's property would pour into Pastoria Street.

Similar wording

And that is because of a traffic study or an engineering study that says his driveway is only 12 feet.

Similar wording

and I was struck by hearing that, that it's incorrect. The curb cut for his driveway

Similar wording

is the same as the curb cut for my driveway. I live directly across the street in a four-unit

Similar wording

building. I live on the first floor. I have a driveway beside my building,

Similar wording

and my driveway is 18 to 19 feet wide my curb cut is the same and I have to come over a public

Similar wording

sidewalk to get into Tulpa Harkin Street anyone coming out of a driveway along Tulpa Harkin Street

Similar wording

has to take extra care because you're coming into a busy street it's like coming into any

Similar wording

busy street and therefore i don't understand why all

Similar wording

busy street. And therefore, I don't understand why all of the traffic from 22, 24, 30 has to

Similar wording

pour onto Pastoria Street. I've walked on Pastoria Street many times. It's a very lovely place to

Similar wording

walk. It's like an alleyway. And I really have felt very uncomfortable when cars come rushing

Similar wording

through and i can't imagine 35 cars going out into into past stories the other other concern i have

Similar wording

with the property is that the front of the property seems to be getting set up uh continuing

Similar wording

to be set up as an airbnb i've i've been concerned because we live across so i think i think miss

Similar wording

haskins we want to concentrate on the on the parking that's requested in the back there so

Similar wording

Why don't we just concentrate on that?

Similar wording

I think the parking, it's more than just the parking in the rear that that is at issue.

Similar wording

If if the motive for the for all the parking going on, all the cars going out of the rear is for the Airbnb in the front, I think an illegal Airbnb.

Similar wording

Again, objection to anyone.

Similar wording

So we're not going to take your testimony about that.

Similar wording

Well, Mr. Chair, there is evidence that we've submitted in our exhibit binder today that Mr. Bilby reserved six parking spaces at the front of his property off of Tupperhawken for Airbnb customers.

Similar wording

So I think it's directly relevant because he's asking for a variance for 15 parking spaces.

Similar wording

He has six that he has held captive inside his property that he doesn't allow his tenants to use.

Similar wording

If he did, that would be that would be nine. That would be not, you know, that he would that he could knock it down to nine at most.

Similar wording

So I think it's very relevant. Mr. Masters, I I I hear what you're saying, but we're going to move on from that.

Similar wording

Miss Haskins, do you have anything else you want to offer?

Similar wording

No, sir. That is my. And Miss Haskins, we do we do appreciate your comments and your testimony.

Similar wording

OK, next hand, please.

Similar wording

Chair, we have Jeffrey Jones. They have been unmuted and allowed to speak.

Similar wording

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

Similar wording

Yes, Jeffrey Jones. J-E-F-F-R-E-Y, J-O-N-E-S.

Similar wording

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

Similar wording

Yes.

Similar wording

Are you a neighbor?

Similar wording

No.

Similar wording

what's your relationship to the property? Well, the relationship to the property is I live in the

Similar wording

area and I have friends who live on that block of Pastoria Street who I regularly visit and it has

Similar wording

become concerning for me because I understand that they've been calming measures and cushions

Similar wording

put in place, which are great, but they do not solve the problem for the pedestrians and other

Similar wording

residents in the area and school kids who use that as a normal way of walking and just going

Similar wording

about their business. The reason that these cushions are not going to be helpful is because

Similar wording

cars are still speeding by. The 20 mile an hour speed limit is not adhered to. Just this past

Similar wording

Saturday as I was visiting a friend, I was almost hit by a car traveling approximately 35 or 30

Similar wording

miles an hour i had to jump onto the curb just to you know get out of the way of the vehicle

Similar wording

now i'm an able-bodied individual but i we have to consider those who are not as able-bodied in

Similar wording

the youth in the area when they're walking around they may not be able to hop out of the way and be

Similar wording

able to avoid cars that are going to be speeding if traffic pattern changes if there are additional

Similar wording

cars coming through who are not abiding by the speed limit there's no way of monitoring the speed

Similar wording

limit then who's to say what other catastrophes will come by diane menunez and our good neighbor

Similar wording

mr russell were two individuals whose lives were changed because of accidents in and around that

Similar wording

area of increasing traffic mr jones mr jones we understand your point about traffic is there

Similar wording

anything else that you would want to raise yeah i want to raise the fact that you know there is

Similar wording

no pedestrian curb way on pastoria increasing traffic in that area will do nothing more than

Similar wording

to cause more accidents.

Similar wording

Mr. Jones, can I just ask

Similar wording

what Mr. Jones' address is?

Similar wording

Mr. Jones, where do you live?

Similar wording

Looks like you signed off.

Similar wording

Mr. Jones, please unmute yourself.

Similar wording

He said he wasn't a neighbor

Similar wording

when he started.

Similar wording

I have an address for him

Similar wording

of 6002 Wayne Avenue.

Similar wording

Okay, thank you very much.

Similar wording

But just to be clear, Mr. Chair,

Similar wording

he was testifying to...

Similar wording

I'm still here.

Similar wording

yeah we'll stick at 200 way mr phillips anything else that was my question for him and mr

Similar wording

okay mr phillips anything else that was my question for him yeah mr mr jones when you

Similar wording

were testifying to the car that almost hit you can you can you um identify the exact location

Similar wording

of where you were when that was happening yeah uh 265 pasturius i was visiting a friend at that

Similar wording

address location thank you all right okay next hand please chair we have suzanne ponson

Similar wording

How many more hands do you see?

Similar wording

After Ms. Ponson, there are only two more hands, Chair.

Similar wording

All right, thank you.

Similar wording

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

Similar wording

Ms. Ponson, please unmute yourself.

Similar wording

Suzanne Ponson please unmute yourself

Similar wording

she may be having some technical issues Cher all right move on to the next hand

Similar wording

Cher we have Dure Montague they have been unmuted and allowed to speak

Similar wording

how could you please state your name and spell for the court stenographer

Similar wording

sir. My name is DeRay Montague. First name D-U-R-A-Y-M-O-N-T-A-G-U-E. Do you swear or affirm

Similar wording

to tell the truth, the whole truth and nothing but the truth? I do. Are you a neighbor? Yes.

Similar wording

And where do you, what, what block do you live on, sir? I live two doors from the property in

Similar wording

question on 250 West Top of Hawkins Street. Okay. Are you in favor or against this project?

Similar wording

I am in favor of the project. And you've heard a great deal of testimony. Is there anything else

Similar wording

you could add? Yes. I agree with the fact that we need parking. Another factor is there are always

Similar wording

cars parked at the fire hydrants across from my house every night. My visitors have nowhere to

Similar wording

park. My house borders, I have a parking lot where I park my family's three cars, and we enter and

Similar wording

exit primarily on Pastoria Street, and I don't have any problem with the amount of traffic.

Similar wording

The new safety cushions have probably cut down some of the pass-through traffic,

Similar wording

if nothing else. And I understand what the opponent's points are, and I really appreciate

Similar wording

their passion, but they're wrong on this. We have neighbors that have parking right in front of

Similar wording

their house that they can't use. They're spilling into and impacting negatively the rest of the

Similar wording

neighborhood. And I live, I'm impacted as much as anyone by all of Darren's developments. I brought

Similar wording

my home 10 years ago next door to two abandoned, unused, decaying properties. And 10 years later,

Similar wording

Darren has rehabbed those to the improvement of the community and as much as anyone's impacted

Similar wording

Germantown in years and years. So in closing, I just think that all of us, all the people on this

Similar wording

call, the people who are against it, they have generally two things in common. They don't live

Similar wording

on Pastoria Street, or if they do, they have that privilege. We all have that privilege. My house is

Similar wording