Sorry, Madam Chair, I'm unable to make panelists at this time.
I had to go out and come back in.
My internet was going to screw.
My bad.
Okay, I'll take care of it.
She's been promoted to panelists.
Okay, great.
um bonnie your screen with the exhibit packet
uh so let the chair swear her in first hi can you hear me yeah i can hear you hi can you put
your name and address on the record and spell your last name and then i'll swear you in
Yep. My name is Bonnie Zuckerman, B-O-N-N-I-E. Last name is Z-U-C-K-E-R-M-A-N. I live at 67082 Avenue.
Pull it off. Yeah. Do you swear or affirm to tell the whole truth and nothing but the truth?
Yeah, I do.
Okay. Miss Hyman?
um i would like to share my screen but it says that i cannot while another participant is sharing
thank you
hi uh okay here's our exhibit
okay great
hi i'm ready all right all right great um so can you share with the board where you
live and how close your home is to the 6717 Chew Avenue site? Sure. So my address is 67082 Ave.
I'm on the same unit block as the site. So I'm about five or six homes away. You can see it,
you know, from my front steps or from my driveway, the site. And I'm south on Chew, so down towards
um the commercial buildings like to market the laundry and how long have you lived there
um since the fall of 2017 I moved in um and there was an environmental survey conducted for 6717
shoe avenue during 2017 to 2019 right yeah that's correct okay and was there a um a report produced
following that environmental survey uh yeah so there were three report reports there's a phase
one phase two and a phase three and who produced those reports um the first two reports were done
by environmental management group um so that's phase one and phase two and then um brick house
which we talked about a little earlier,
I prepared the phase three report in 2019.
Okay, great, great.
And did you review those reports before appearing here?
Yeah, yeah.
So I just like to enter those three volumes of reports
into the record.
Now, why do you have the reports in front of you?
Yeah, so exhibit one, two, and three are the reports.
so from pages 3 to 304 are those three reports.
I'm just going to object to this.
I don't think these reports are certified
to Ms. Zucker or anyone else, so I'm not sure what capacity,
but I just want to put that on the record.
Continue.
And so I'm going to ask you about the content
and the conclusion of these reports.
um so in volume three on page one uh the final sorry second paragraph in the final sentence
can you explain sort of the standard that was used to evaluate pollution levels
yeah so they say um that they use um right here um that the levels exceeded act 2 rmsc which
stands for the residential thresholds, this R right here. So residential are more strict than
commercial. So in this report, they were using the stricter of the thresholds. Okay, and this
property is currently zoned as commercial? Yeah, it is currently zoned as CA1. Okay,
um and what is act two sure so um act two is a voluntary program i i object
i mean this is a neighbor testifying to to environmental
This is a neighbor testifying to Environmental, I don't know if she's an expert.
That's a piece of public legislation.
Have you reviewed the Act 2 statute?
Sure, in detail, and I've spoken with multiple people from the Department of Environmental Protection.
Excuse me, this is Sharon Saleta.
I believe the witness would have to testify, have to be qualified as an expert to continue testifying in this respect.
um okay so all right i i will move on um can you describe the uh studies done by the by the
environmental firm uh yes um so they do uh groundwater wells where they drill down to
groundwater, and then monitor the water, and then they also use soil.
Okay, what is the objection?
We're going to have a neighbor testify to you. You put the report in. It's not certified to the
neighbors, but it's fine. You put the report in, um, and then testify to the, uh, the content of
the report. I don't know. I just think that's, um, it's just the content of the report.
Either way, I would, I would think it would need to be an expert
and highlighting certain sections of the report. Again, if she has no, if she is not qualified as
an expert, I would suggest that you move on from this line of questioning, please.
Earlier at their, during their testimony.
Stephanie, you're frozen. I didn't hear that.
um this same series of reports was referred to earlier by the applicant
and if you have an expert who can reply to that you may have them testify on the issue
okay um okay i'll move on then um okay can i interject at one o'clock
this case is going to be continued the staff is required to have breaks and i just want to give
everybody here a heads up okay um all right so i'm going to move on from the report um
Madam Chair, if we have a time issue, I would ask for a resumption on this if we're not
going to be able to finish it, it doesn't seem like we will.
Do we have a resumption date and Sharon, can you weigh in along with Tanya?
The ZBA could accommodate us.
June 30th at 9.30.
and in this case it would simply be a resumption hearing not limited to any specific testimony
okay we yeah you would be okay with that yeah it's it's kind of far out um it kind of impacts
us but i i understand if there's anything we do sooner i would appreciate it okay so
So we will end the testimony now and cross-examination until, what was the date again?
June 30th at 930.
Okay, so that will be the resumption hearing.
Does it make sense that we could finish this testimony in 20 minutes and have an opportunity to cross?
and then finish at one o'clock is that possible um that would be up to you
can this be done i'd like to resume since i i mean i'd like to wait for the resumption date
since i was told that i need to um get an expert witness for this
well how much longer will bonnie
be testifying
um yeah i can't i can't say can i speak to the zoning effie and do
the 2035 plan or am i not allowed to speak to that at all
well if there yeah if there are no objections to that then she can speak to mr grigos do you
she can speak to mr grigos do you object to her testifying to 2035 plan yes i'm just you know
object to her testifying to
frustrated that we i'm not going to have an opportunity to cross her um but
and you know they came without an expert and we're happy to wait until the um the resumption date
okay so this case will be resumed on june 30th it's obvious this can't be accomplished
okay thank you madam chair sorry mr grigos
thank you thank you madam chair this uh leonard defroder for the city of philadelphia may be
excused yes you may
and may i also be excused yes you may
sorry thank you very much bonnie um excuse me madam chair there was one other thing that you
were going to read into the record yes i do know that thank you okay calendar number mi-2021
021-000117 2848 alder street this case is withdrawn okay can i ask one more request madam
chair and sharon if we're going to do a resumption of the event is there an opportunity to submit
more evidence or are we going to go based on the records of the evidence in the list yes i i think
for this resumption hearing.
The record is simply remaining open.
Thanks very much.
That concludes
this morning's hearings.
Thank you, Madam Chair.
Court reporter, we'll see you back at 2 p.m.
as well as the rest of the DBA staff.
Thank you.
Thank you.
Should I just use that same link that you sent, the newer one, since I had trouble with that?
Yeah, use my link for now and on.
You can use it for the time being.
You'll use my link, and next week we'll try to get it straight for you.
And if you have any issues, concerns, or want to take a small break, just make sure you make us aware at the 2 o'clock session.
All righty?
All right.
I will.
Thank you.
I appreciate it.
No problem.
Thank you.
All right.
Bye-bye.
My name is Confesso Plaza and I'll be the acting chair for this afternoon session.
Zoning hearings along with me are board members Thomas Holloman and James Snell.
Also participating is the board administrator Tanya Sunkit and board attorney Sharon Saletta.
uh before we begin i'd like to uh note the following changes related to this virtual
format first please be advised that proceeding these proceedings are being recorded and by
participating you acknowledge your agreement to be recorded second for the benefit of anyone
participating by phone we ask that all attorneys and witnesses identify themselves prior to speaking
or testifying. Third, for anyone participating by phone, if you wish to testify, you must raise
your hand by hitting star nine and star six to unmute yourself. Before calling the first case,
we will hear any requests for continuance or withdrawals. But before we do that, I would like
to read some of the continuance from this 2 p.m. session. Okay. MI 2020-003288, 1225 North
3rd street is being continued calendar number mi 2020 0 3 3 5 5 12 31 north 3rd street
Calendar number MI 2021-000740-1720-North 22nd Street, MI 2020-003256-1702-Altra Street.
It's being withdrawn. Calendar number MI 2021, 739-1714 North 22nd Street. It's being continued.
north 22nd street uh it's being continued
uh mi 2021 000 784 1744 north 22nd street it's being continued
MI 2021-000783, 1750 North 22nd Street. It's being continued MI 2021-000779, 2000 Spring Garden
Street. It's being withdrawn. MI 2020-002-711-5138 Gainer Road. It's being withdrawn.
I believe that's all I have. Anyone here that would like to continue a case or felt that
any of these cases are read as being
an error.
Please come up. Please raise your hand.
Mr. Plaza, I have a
Kayla Franks Jenkins with their hand
raised. I will allow them to speak at this time, sir.
Thank you, Jason.
Hello?
Yes, can you please identify yourself with a record?
My name is Kayla Franks Jenkins.
I'll spell your first and last name
for the stenographer, please? K-A-L-A. Last name is F-R-A-N-K-S-J-E-N-K-I-N-S.
Is your firm to tell the truth, the whole truth, for nothing but the truth?
Yes. Okay. You may proceed. So I am referring to the properties that are located on North 22nd
Street. Okay. I do understand that they want a continuance. Is it possible that the community
know exactly the reason for the continuance? I don't have that in front of me right now.
All I know is that all these cases are being continued. Okay. Excuse me. This is Sharon
Saleta. My understanding is they want an additional time to work with the community. Okay. Thanks,
Um, so the community had unanimously voted no in our RCO meeting.
And could we suggest, I'm sorry, I didn't mean to interrupt you, but, um, we could, this is the first listing and generally those are granted a continuance.
However, the board could add, um, a condition to that, that it be, must be heard, meaning that they would have to be heard at the next hearing date.
we'll do that so all these cases will be continued uh must be heard okay so this is my first dba
meeting so my apologies i guess my next question is ma'am we're not uh listening to these cases so
we really can't get any testimony to go that's fine but when will it be held i guess is my next
question? You can check the online ZBA calendar. All new dates are posted on the online ZBA
calendar. And if you are already pre-registered for this particular hearing, you will get
notification through the email. And I believe the property will also be reposted. Is that correct,
Tanya yes it will thank you uh anyone else
chair before you go on to the um unless there are more continuance requests if there aren't
before you go on to calling the first cases i wanted to point out we've had some um emails this
afternoon on MI 2021-000741-3600 Grant Avenue. This is a case that requires CDR. The applicant
has completed the first CDR hearing, but that was yesterday, and they requested that he return for
a second hearing. I believe that Mr. Whelan, the applicant's attorney, is here, and he is requesting
that he be permitted to go forward he can explain the reasons why he would like to go forward
and do a resumption hearing however the board's administrator Ms Sunkit has agreed to reschedule
this for June 2nd which would be no no later than the resumption hearing would be scheduled
so if you could call Mr Whelan to um testify to his request please thank you uh calendar number
testify to his request, please. Thank you. Calendar number MI 2021-000741-3600 Grand
Avenue. Mr. Whalen, good afternoon. You swear to affirm to tell the truth, the whole truth,
for nothing but the truth? Yes, I do. Thank you. Please identify yourself for the record.
Certainly. Sean, S-E-A-N, Whalen, W-H-A-L-E-N from Vintage Law, 6 Coulter Avenue, Suite 1000, Ardmore, PA, 19003. I am the attorney for the project at 3600 Grant Avenue here on behalf of the owner and the applicant.
Okay. So you heard what our counsel has just stated for the record?