civus
Hearing video

ZBA Hearing - July 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 15, 20205h 54m

timing that mr. orphanetes is in and you know it all days matter but I think mr.

Similar wording

Murray, Spencer said that there was a SOSNA letter was issued. It was issued on whatever

Similar wording

date it was issued. And it says whatever it says. I don't have a copy of it. I think he,

Similar wording

I believe Mr. Spencer said that it was in opposition. You know, I understand that it's

Similar wording

always nicer as the developer to get that earlier rather than later. But, you know, as developers

Similar wording

attorneys, we get it when we get it, unfortunately. So I'm unclear as to where we're going with

Similar wording

all this. So to where we're, and if I can just respond to that, is that Mr. Spencer, through his

Similar wording

statements, is painting a picture to the board that more, that despite us complying technically

Similar wording

with the requirements of the zoning code regarding meetings with the community, that it could have

Similar wording

benefited from more meetings, more tweaking, more changing, and that we made those efforts to try to

Similar wording

make that happen and he said is normal they're normal processes to wait I

Similar wording

I obviously have an email where it said back in April I was going to be getting it the next week,

Similar wording

obviously have an email where it said back in April I was gonna be getting it

Similar wording

the next week and these are not normal

Similar wording

and these are not normal times. So my client, because of the request for continuance at the

Similar wording

first hearing, which was granted, because as is also often the case, you go to a community

Similar wording

group meeting, you hear what they say, and you make revised plans and to present them to the

Similar wording

board. You don't always go back to the community group before you go to the zoning board, but

Similar wording

that's what this group wanted us to do and the board agreed and granted that so that we could

Similar wording

go back and vet the changes we had made based upon the first meeting. We're ready to present

Similar wording

to the zoning board at the first scheduled hearing six months ago, five months ago now,

Similar wording

back to the community. We did that. And then we didn't really hear anything after that. And there

Similar wording

was no opportunity to continue to work with the community. So I don't appreciate what's being

Similar wording

conveyed that somehow there could have been more meetings, or there could have been further

Similar wording

there changes to the projects, as he said, tweaking or revisions. And we wanted to, and we

Similar wording

weren't provided with that. The other thing is, Mr. Spencer, did you read the letter that you

Similar wording

signed, the letter dated July 8th? Did you read that? Okay. And do you feel that that letter

Similar wording

accurately represents to whoever reads it what the current refusals are, what the current

Similar wording

proposal is? Is it your position that it does? I know it states the original refusals,

Similar wording

but do you feel that it accurately conveys where we stand, where we stood as of the last

Similar wording

community group meeting, when you would have written your letter, where we eliminated the

Similar wording

FAR refusal, eliminated the parking refusal, and where we stood in terms of the only remaining

Similar wording

refusal. Our letters are basically overviews of the process of number of meetings that we've had.

Similar wording

It's not an exact verbatim statement of what happened at the meeting, number one. And number

Similar wording

two, let me just remind you that at the February 8th meeting that we had in the Sassna office on

Similar wording

a Saturday afternoon with the near neighbors, that the meeting started out well, but when

Similar wording

it started going against your client, you literally folded up your book and said, we're

Similar wording

out of here, you know, and then you kind of hinted that you may go ahead and build an

Similar wording

as-right project, which we may not like, you know, so we were kind of left dunking.

Similar wording

All right, well, then we had a community group meeting after that, and I continued to try

Similar wording

to meet.

Similar wording

With that being said, I'm just asking questions and I'd like some answers. So paragraph two of

Similar wording

your letter states, the applicant for the project presented to the Sassan Zoning Committee and the

Similar wording

community seeking to build an addition on an existing two-story countertop granite business

Similar wording

on Washington Avenue. The project has two refusals. FAR required 500 and proposed 544.

Similar wording

Required parking is 19 spaces and proposed is 15. This letter was written after we presented to

Similar wording

the community group a plan that reduced the FAR to 463, which is below the

Similar wording

required 500, that had compliant parking 15 spaces for 30 units, and yet in your

Similar wording

letter you represent that there are these two refusals still remaining. Can you

Similar wording

explain that? No, I can't. Okay. So is it, okay, so you're right, so you're waiting, Mr. Spencer,

Similar wording

you're writing a letter to the zoning board that does not even accurately reflect what was in

Similar wording

front of the community at the last meeting. Is that not correct? David, it's not going to negate

Similar wording

effect that across five groups the architectural the architects that's not my question please i'd

Similar wording

ask the chairman i asked mr spencer mr spencer hello everyone's talking over him hello hello

Similar wording

everyone's talking over one another we can't hear a thing it's difficult enough trying to figure out

Similar wording

what's going on because i i can't scroll this letter i'm at the mercy of david or whoever

Similar wording

not being critical not being critical but you know so it's it's we got a

Similar wording

problem here right so answer the question mr. Spencer and then David you

Similar wording

have any more questions don't that's that's the extent of my questioning for

Similar wording

mr. Spencer okay what that is you said you're done and here yeah I mean I don't

Similar wording

need you know at this point I have no further questions we can we can leave it

Similar wording

all right are there any other witnesses uh chair yeah we do we have nine witnesses prepared to

Similar wording

testify however it is 12 57 and we have a 2 p.m session just read my mind i don't know how we're

Similar wording

And we have a 2 p.m. session.

Similar wording

You just read my mind.

Similar wording

I don't know how we're going to be able to get this done today.

Similar wording

going to be able to

Similar wording

Mr. Chairman, I think we can probably wrap this up faster than you anticipate.

Similar wording

I know it's gone on a long time.

Similar wording

My wrap-up presentation will be, you know, five to seven minutes at most.

Similar wording

My testimony, my witnesses are done.

Similar wording

And my understanding is that the remaining, you know, usually there's a procedure when we're all in the same room that you can say, how many other neighbors are here in opposition, even if they don't intend to testify, and they can stand up or raise their hand or whatnot.

Similar wording

My understanding is that that's where we're at.

Similar wording

I don't know how to logistically do that without requiring them.

Similar wording

Well, why don't we try to get everybody's name and address on the record?

Similar wording

i'll swear them in and i'll just ask are you in favor or opposed at a project

Similar wording

without getting into the specifics and if we need be we can continue this to another date

Similar wording

but that might be unless someone has a better idea i don't know that's fine i actually uh

Similar wording

it's a good idea informed that yeah the the witnesses are not intending to testify they

Similar wording

just want to raise their hand as you know with regard to the project or okay

Similar wording

something where you say if they have anything different to add I do believe

Similar wording

that there is another community group that is within the area that is not

Similar wording

just the neighbor or not unless a just but they should maybe have the

Similar wording

opportunity to speak as well well as an RCO I don't again if that's the way it's

Similar wording

going to play out we're gonna have to continue this okay I'm just I'm just

Similar wording

verbalizing because i don't know if you can hear from so i don't i'm not here to make the decision

Similar wording

understood understood understood mr chairman why don't we get the nine names as you intended to

Similar wording

one record anya that's going i guess it's going to be up to you uh so i i i have one offer i have

Similar wording

one offer mr chairman that i think might speed this along uh it is my understanding through zoom

Similar wording

meetings that the organizer of the meeting gets a formal printout of everything that's

Similar wording

written in the chat session, we could just have the individuals write their names and addresses

Similar wording

into the chat session, if that would be okay. No, I would like to go forward with allowing them

Similar wording

to get their name and address on record, just in case they want to speak. We want to allow them.

Similar wording

Okay. Absolutely. We're starting with the first person is Dimitri Kushner.

Similar wording

You can now

Similar wording

Use yourself and speak

Similar wording

Hi, this is Dimitri Kushner

Similar wording

I live at 2014

Similar wording

Kimball Street

Similar wording

Just to keep it short, I oppose this project

Similar wording

Mr. Kushner, would you spell your name for this

Similar wording

Sure, it's D-M-I

Similar wording

T-R-Y

Similar wording

Last name

Similar wording

K-U-S-H

Similar wording

N-I-R

Similar wording

And you swear if I'm to tell the truth

Similar wording

The whole truth and nothing but the truth

Similar wording

Yes

Similar wording

Thank you. State your comment again.

Similar wording

I'll keep it short. Sure. I live on the on Kimball Street on the south side.

Similar wording

I oppose this project and I agree with everything that my neighbor, David Hall, testified to.

Similar wording

Twenty hundred block Kimball. I'm sorry.

Similar wording

Twenty hundred block of Kimball, correct? I live on 2014 Kimball Street.

Similar wording

14 thank you next person

Similar wording

jose hernandez do you wish to testify at this time

Similar wording

he already did so yeah he did mr hernandez was one of my witnesses he and mr feybush are just

Similar wording

on because right i'm just calling who has their hand up okay they're just going to move through

Similar wording

adopt my testimony laura hummer do you wish to speak at this time

Similar wording

uh yes i would can you hear me yes my name is laura hummer l-a-u-r-a h-u-m-m-e-r i live at 2033

Similar wording

kimball street

Similar wording

miss hummer do you swear in a test to tell the truth the whole truth and nothing about the truth

Similar wording

I do.

Similar wording

And your position on this case is?

Similar wording

My husband and I are opposed.

Similar wording

We agree with Dave Hall.

Similar wording

In addition, we are concerned about trucks using Kimball Street at all in any capacity for this property.

Similar wording

Thank you.

Similar wording

Okay, I have an additional login for Murray Spencer.

Similar wording

Are you on two devices or someone else?

Similar wording

are you on two devices or someone else mr spencer already testified right but i'm

Similar wording

Mr. Spencer already testified.

Similar wording

just going through the list there's two names on here so is it someone else

Similar wording

okay we're going to go down to marcus ferrera next hello can you hear me yes okay marcus ferrera

Similar wording

I'm also on the seismozoning committee, but will be testifying on my own behalf.

Similar wording

Please spell your name for the stenographer.

Similar wording

Sure.

Similar wording

M-A-R-C-U-S.

Similar wording

Last name is F as in Frank, E-R-R-E-I-R-A.

Similar wording

Thank you.

Similar wording

And your position in this case?

Similar wording

I'm opposed.

Similar wording

I'm not sure if I heard.

Similar wording

Did you give us your address?

Similar wording

1620 South Street, Philadelphia, PA, 19146.

Similar wording

A considerable distance away, but we thank you for participating.

Similar wording

Right. I do have quick comments.

Similar wording

I want the zoning board to be aware that the Office of Transportation Information and Systems

Similar wording

James has done a plan to revise Washington Avenue so that instead of the traffic sewer that it currently is, it's going to be downgraded to three to four lanes of traffic with buffered bike lanes.

Similar wording

Having a curb cut mid-block is very contrary to the plan.

Similar wording

I don't mean to interrupt you, sir.

Similar wording

I appreciate your taking the time to be here.

Similar wording

I think a lot of that was covered under testimony by Mr. Orphanides and Mr. Whale and the attorney.

Similar wording

I think we've already covered that.

Similar wording

We do appreciate that.

Similar wording

Sure.

Similar wording

Thank you.

Similar wording

We have a call-in user 5.

Similar wording

I don't know.

Similar wording

Is that a phone call-in?

Similar wording

I don't know your phone number.

Similar wording

Could you identify yourself if you wish to speak?

Similar wording

Yes.

Similar wording

This is Mr. Chacumba speaking.

Similar wording

He did not keep his promise.

Similar wording

Okay?

Similar wording

Today, that street has not been widened.

Similar wording

And that was one of the conditions of me not opposing him on 2101 Washington Avenue to widen Kimball Street.

Similar wording

Because Kimball Street, the people are parking on the curb.

Similar wording

And all the city, all they got to do is get one complaint from his incoming homeowners that they don't want them parking on their curb.

Similar wording

Then the street will be blocked off totally and there will be no parking on the street at all.

Similar wording

because it's illegal to park on the curb.

Similar wording

And almost every part of Kimball Street requires you to park on the curb.

Similar wording

Now, as far as curb cuts, you cannot stop people having curb cuts if they have a business there.

Similar wording

Now, you're assuming that because you zone the IRMX that these people will give up their business,

Similar wording

which is I2, and convert to IRMX.

Similar wording

If they don't, they are allowed to keep that curb cut because they will be grandfathered in.

Similar wording

So whatever plans these people hope to have for Washington Avenue depends upon whether or not they hope they can get rid of the businesses that currently exist on Washington Avenue, as I do, that they will be willing to give up their curve cuts.

Similar wording

I doubt that.

Similar wording

And besides, this business would have a right to continue as a granted place even if they don't get the commercial, get the residential.

Similar wording

I feel that people, if they are willing to go for residential, they should be given the right for residential.

Similar wording

And this thing of trying to block them because of a curved cut, it's just ridiculous.

Similar wording

They didn't block Ori when he wanted to put up his buildings, and his buildings are far much taller than that one.

Similar wording

All these people came out to block this poor man who only is putting up 30 units, not 120, which is five times more.

Similar wording

30.

Similar wording

Shacumba, you're all over the place.

Similar wording

I appreciate it.

Similar wording

I'm not trying to go over the place.

Similar wording

Shacumba, you've been on for over four minutes.

Similar wording

I said I was going to hold this to three minutes.

Similar wording

We've gotten a little bit more time.

Similar wording

We appreciate your concern.

Similar wording

Well, the point of the matter is, like I said, let me just finish this up, okay?

Similar wording

That this gentleman, curve cut or no curve cut, is asking only for IRMX.

Similar wording

He's entitled to that because of all the other properties that you have already given it to that are five times more units than his would ever be, okay?

Similar wording

And this excuse of a curve cut and the rest of this stuff is full of it.

Similar wording

Okay.

Similar wording

And I hope you will not deny him the right to bill and meet the only requirement that he's asking for is I-R-M-X.

Similar wording

Thank you very much.

Similar wording

It's good to hear from you again.

Similar wording