You personally did not issue this approval.
Would that be correct?
That is correct.
But you have been personally out to this location. Is that correct?
I walked the site one time as a community meeting before it started due to concerns on Wayne Avenue.
And you also attended a meeting at the home of one of the neighbors and spoke about safety issues at that point. Is that correct?
It was about traffic calming on Topahawken, yes.
okay on top of hawk and or on pastoria pastor i'm sorry i apologize it was about traffic
okay um these approvals um that the streets department issued for these plans um do you
agree that the streets department any approval that your department issues cannot cancel or
nullify the terms of a zoning proviso that would be issued by the cba
i'm trying to understand your question are you asking can the streets department override the cba
yes uh the streets department cannot override the cba okay did do these streets department
approval is actually um were they actually um resulting in a permit being issued for for this
project the streets department issues curve cut permits to developers that allow them to make
their curve cuts to access public right away so is it your testimony that the streets department
issued permits for those curve cuts that are that are in existence at the moment at the
property it looks like the streets department did issue those permits by the stamp that's
right there approving the plans okay
did the streets department in their in their review of this project for approval
did they determine that there was compliance with the city's vision zero and complete streets
policies? We review all our projects in regards to Vision Zero and Complete Streets. Hold on,
give me a minute. Close that for me. Apologize, I have construction outside my office.
Oh, okay. Well, is there any Complete Streets or Vision Zero documents that are associated
with this project? There are not. The Streets Department reviews all the plans in regards to
the Vision Zero policy set forth by the mayor and our complete streets guidance policy.
Do you know, as you're testifying today, whether or not or how the streets department made a
determination that that these curb cuts and parking spaces either complied or did not comply
with the Vision Zero or complete streets plans? I do not know what we review, but
We review everything based on our guidance and policies.
All right.
I'm showing you now a letter dated July 9th, 2019.
It appears to be from Benjamin Barron.
Is that someone who works in your department?
Ben Barron does work in the department.
At the time, as you can see by the signature, he was working in the right-of-way unit.
Okay. In this letter, is this the normal course of events that your department would prepare a letter and give it to a property owner upon approvals of a review of right-of-way?
Okay. In this letter, is this the norm?
Yes, we do provide a letter of approval to them.
And as you can see, this is an approval based on the condition that the street lighting unit make or the street lighting be upgraded.
is there anything on this letter that refers to vision zero or complete streets no is in fact
isn't it true that the streets department does not have to make any findings concerning street
complete streets or vision zero when it makes these approvals the streets department reviews
all the planes based on our guidance and policy of vision zero and complete streets
Is there anything mandatory in Vision Zero that would make you either approve or disapprove of a project?
If we determine that the project is unsafe for pedestrians to walk or an unsafe movement, we will not approve the project.
What did your department do to evaluate whether this project would be safe or unsafe for pedestrians?
We take a look at the conditions, the current conditions, the proposed conditions.
Are they making any improvements to sidewalks, crosswalks, intersections, right away, things like that?
Do you, in fact, know whether any of this was actually done in this case?
I will have to take a look at the plans to take a look to see what was done.
Okay, we have the plans here.
So I'll start from the beginning.
this looks like the first plan
if you want to just indicate to me what i should be expanding so that we could see whether there
sorry excuse me mr masters can you just clarify for me are you asking him to review the plans
now in real time or are you asking him what the streets department did
i'm asking him if he can he can indicate if there's any indication on any of these plans
that vision zero and complete streets was taken into account in any way whatsoever but i thought
he answered that question when he said the streets department stamp is on the plans as a part of our
review we review in accordance with these policies so by the stamp on there didn't he answer your
question already no there's no indication that complete streets and vision zero had any impact
at all on the streets department approval we don't know we don't have in front of us today
the person who actually did the the review and we have nothing there's no notations or or stamps at
all that indicates that vision zero complete streets was taken into account in any way there's
no forms there's no checklist there's no that's argument that's the fact that you're getting from
this witness i'm just gonna you know yeah okay right that's fine mr matandas if you if you want
to tell the board that you have no information and you cannot testify as to whether or not any
uh any specific um findings or evaluations were done according to vision zero and complete streets
i'm i'm fine with that but you you said he just testified to the opposite wait a minute one at a
time one at a time please steve finish up please yeah so mr montandis if your testimony is you
personally did not do this review and you don't have any information that you that you personally
know as to what what in terms of vision zero and complete streets was was evaluated that's
if that's your testimony i'm fine i can move on miss white i'm just going to object to ask and
answered, he asked, and Mr. Montanez answered, and he just re-characterized his testimony as
contrary to what he stated on the record. So he's going to keep asking these questions in a
different way. I think Mr. Montanez answered that as a supervisor, what I know is that as a part of
these reviews, we have to, the review is done by referencing these policies. So, I mean, he represented
to his personal knowledge as to what the people beneath him are trained to do that based on his
understanding that was done here because there is the stamp so so so mr masters i agree with that
i agree that the stamp is there but i also understand you're saying there's nothing
on the plans relative to what the the other issue but i do agree he's he's answered the question
that it was reviewed it's stamped and this is what they normally do in the background period okay
it's stamped and this is what they normally do in the background period okay uh i'm going to now look
at, let's see. Okay, Mr. Montanis, I'm now going to show you the
site plan that was submitted by the applicants for the project that we're here for.
Let me make it bigger so you can see what it actually says, in total.
Have you seen this plan before, this drawing?
I have not.
I'm going to expand this area here called landscape, which indicates a landscape buffer.
And it says that landscape buffer separating drive approved in 2019 and 2021 by the streets department.
So I'm going to ask you a couple of questions about that.
Did the streets department, in fact, issue any approvals for a landscape buffer in this area here?
I would have to see what's on the record and when that got submitted to the streets department.
And if there's a stamp by the streets department.
there is no stamp on this on this drawing uh from the streets department or from any uh department
uh is our landscape buffers something that your department actually issues approvals for
the streets department does not have jurisdiction within the property
streets department maintains their right of way and has jurisdiction in the right of way
OK, so when it says that the streets department approved this interior landscape buffer, your testimony is that's not that's not true.
The streets department does not have jurisdiction within the property.
OK, and would you also agree that the streets department doesn't have jurisdiction to approve a landscape buffer if it would nullify or or violate a zoning proviso issued by the zoning board?
The streets department cannot override the CBA.
I wanted to turn your attention to an earlier hearing that you testified to concerning this location, but not specifically this project.
at um at an earlier hearing you testified about the streets department's decision
to revoke the authorization of the original design for these parking spaces and curb cuts
there was over 200 feet as you recall of saw of of continuous curb cuts and your department uh
revoked your prior approval of that can you describe the circumstances that led your department
to revoke the earlier approval of those curb cuts?
I believe we were notified of the ruling by the zoning board
that they were not allowed to have those curb cuts.
I would have to check what's on the record that we received.
Okay, so you don't actually, as you're sitting here today,
you're not really recalling the circumstances of this?
I would have to look on the record to see what we received,
but I do recall that we were notified that they were revoked by the CBA.
Okay, I guess we will go on. I'm going to go back to the site plan here.
Mr. Montana, do you recall that there is a curb cut on Tubble-Hawkins Street that provides access to the property?
According to his plan, there's an existing curb cut. So, yes, I'm assuming there's a curb cut there. It's been a while since I visited the site.
Okay. Do you agree that the curb cut is legal and that it conforms to the code and street department regulations?
If we approve the curve cut, then it's a legal curve cut, yes.
If we approve the curve cut, then it's a legal curve cut, yes.
Well, I showed you before the streets department reviews of the plans that were submitted to the right-of-way unit, and there was no indication that this curve cut was anything but legal and proper.
Yes, the plans you showed me before had a stamp approval from the streets department, which then makes it legal and proper.
Okay. Do you agree that the Philadelphia Code and your department's regulations would allow the property owner to expand the width of this curb cut if the property owner wanted to do such a thing?
Curve cuts over 24 feet require an ordinance under 24 feet or within the streets department regulations, unless otherwise shows that we need to expand it for emergency vehicles.
okay so if this curb cut was was less than 24 feet it could be expanded by right to 24 feet
and beyond that would require more authorization from your department correct okay um are you aware
of the actual size of this curb cut the plan has no dimensions and i didn't measure it on the street
Okay. So I will move on from that.
Is there, let's go back to the plans that were recently approved by the streets department.
All right, these don't appear to include the termination of the driveway onto Tupperhawken.
All right, I'll go back to this one.
I HAVE NO FURTHER QUESTIONS.
have denied the permit or the approval
back in 2022. Is that correct? The streets department looks
at our projects when it comes to pedestrian movements,
driveway movements, vehicle movements, deliveries, things like that to make
us safe per our complete streets guidance and our vision zero guidance.
do you recall, Mr. Montanez, the specific request by
streets department that certain landscape buffers be added in between some of these parking spaces
so that instead of there being one continuous 181 foot curb cut that it was broken up by the
landscape buffers? I do not recall. I would talk to my staff and see their notes to see that.
Okay. And then same question just about the relocation of the driveway. Do you recall
while the driveway being relocated so that it was a straight entrance rather than curved, you know, to wrap around the former nursing home extension?
I do recall that the streets department asked them to line up the driveway to make facilitate the movement of emergency vehicles a lot easier.
And that was done, to your knowledge?
And that was done, to my knowledge.
Okay. I have no further questions.
Do you have any follow-up?
No, I don't.
Ms. Montanez, thank you.
And Counsel White, thank you.
Thank you.
May I be excused?
Thank you.
You most certainly can.
Thank you.
Have a good day, everyone.
Steve, are you going to call both people for your next witness or witnesses?
I was going to call Mr. Cromey first, and then I was going to call Ms.
is um okay yeah benjamin cromey please
they have been promoted to panelists
good morning mr cromey could you please state your name and spell for the court stenographer
Mr. Cromie?
Yes, can you hear me?
I can.
Yes, Benjamin Cromie?
Can we have one video with Mr. Manchin?
Yes, I would like him to be on video as well.
Yes, Benjamin Cromie?
Good morning.
Could you please state your name and spell for the course stenography?
Yes, sir. B-E-N-J-A-M-I-N-C-R-O-M-I-E, Benjamin Cromey.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do.
Pleasure to see you, Mr. Masters.
Okay. I'm going to show your resume first.
All right, Mr. Crumey, can you tell the board where you are employed at this time and what your position and responsibilities are?
Yes, I'm a Managing Associate at CH Planning Limited. We are a multidisciplinary planning firm where I work on a number of projects, including transportation, municipal planning, zoning, sustainability, and bike and ped safety.
Can you share what your educational background is that qualifies you to do that work?
I have a master's degree in city planning from the University of Pennsylvania, and I am certified by the American Institute of Certified Planners.
Have you ever been employed or retained by the city of Philadelphia to engage in any planning projects concerning the city?
Yes, I have.
I've worked occasionally indirectly.
When I was at the Bicycle Coalition, we were partners with the Mayor's Office of Transportation Utilities
to evaluate transportation safety issues specifically and generally on projects throughout the city.
And I've worked on a number of other, often in civic engagement, particularly through the Vision Zero program, on coordinating with neighborhood groups on the types of safety interventions and infrastructure they would like to see in their neighborhoods.