as you go up in elevation the amount of shade that would hit them from the trees on that line
closest to them is reduced to the higher you go and is impacted even for folks lower in the
building by the elevation change you spoke to sorry i don't know the elevations of these buildings
um brandon as far as where they are at the trees um yes if a tree is lower than the elevation of
a floor then i would believe that it wouldn't have much cooling effect on that floor but i'm
not sure which floors that affects right but you've stated clearly that there is an elevation
drop from our site to the base of the co-op site correct yes this parcel is lower in elevation than
the the co-op site okay thanks sarah uh cross um hi sarah hey hey um so i'm gonna let's look at
the actual um site plan that has the steep slopes um marked out um uh this is page
oh i don't it's this it's this is your um this is your drawing right
correct okay and the red are the slopes correct those are the steep slopes so meaning if they're
over 25%, but the whole site is sloped. Those are just the areas that are defined as steep
slopes per the zoning code. Okay. Do you know how tall the co-op building is?
I do not. Okay. But we're talking about 75. Let's see. It says 40 feet high on this survey.
Okay. 40 feet high. And we're talking about trees that are 75 feet tall, correct?
i don't know the height of the trees well wasn't that the testimony that you heard before from
I don't know the height of the trees.
Well, wasn't that the testimony that you heard before?
the arborist yeah but that's not her testimony i just asked her if she heard it okay so if we
take what the arborist said that the trees were 75 feet tall and this building is 40 feet tall
is it your testimony that that the um that the elevation is so much lower um on the pro on the
the property of the the project property that these trees are are not um are not towering over
a 40 foot tall building i really don't because i'm not sure of the finished floor of the building
there's not enough elevation information for the front of the building i really don't know
what the elevation i don't have a cross section of this building compared to the existing trees
okay so you can't really say with any certainty that that um that there's any real that there's
any portion of the of the existing buildings to the north that are not going to get shade
from these from the existing trees really don't have the information to make any judgment on the
the height of the trees or how they affect the neighboring building thank you
up next that was our that was our case in chief we may have rebuttal witnesses to steve's witnesses
before we let we go to that i just there's two other things i wanted to provide one because we
promised the board and two because it's relevant um the last uh thing i wanted to bring up is
116. so as the board may know this project went through civic design reviews so it was reviewed
by the planning commission and the community twice i just want to point out the comments that
were public comments that were given and provided in the planning commission's report as you see
in yellow it states at the meeting of july 6th the committee noted the inherent challenges of
the site and applauded the development team for creating a delicate and careful landscape plan
the plan proposes to save several large trees includes a new woodland planning scheme that
could be successful while maintaining care for within the first several years the committee
also recommended investigating solar panels for the multi-family duplex so lastly i just want to
provide the video testimony given by tavis who is i was so late like a landscape architect who
sits on the design review committee i held everybody up i had some real tech issues on my
Hello, ma'am? Hello? Hello? Oh, Chairman, it's a video. Oh, okay. I'm sorry. I apologize. Sarah,
if I made that clear. Yeah, it's a video that was taken at the public meeting. Tavis on the
Design Review Committee and it was included in our packet. I apologize. Thank you. She's just
apologizing for being late and then she'll get into the contents of her testimony or her comments.
thank you um i would like to to comment on on the new planting plan um your name to me as if
uh this team is actually trying to hold on please your full name chairman this is still the video
oh i i keep i know but it's it's so real i'm sorry
I heard you. I said, well, maybe she came on live. I apologize.
No worries. I'll let you know when the video is up.
I can't swear her in. Okay, let's go.
Preserving as many existing trees as possible on this site and then also giving back
a really thoughtful forested landscape that will be in keeping with the Wissahickon
and really help to put things on an appropriate ecological trajectory.
It's always really hard for me as a landscape architect to see any trees go.
So when a development comes and there is going to be construction
and we can save some trees and then plant things
that will really help with long-term ecology,
You know, I think it's a job well done. I will say that I hope very much there is a long-term management plan for this property. And I'm sure any landscape architect will agree what we do in plan and is called for in construction and we manage carefully really has to be very carefully cared for, particularly over the first three years after building.
And, you know, if that can be done and everything successfully watered and all the invasive plants, I know this site, there's lots of stuff that's invasive on this site.
this site there's lots of stuff that's invasive on on this site on on all of these edge condition
sites it's not just this one um but that seed bank will still be there and that will have to be
managed over quite a period of time to make sure that the planting can really be successful so if
the development team doesn't have a long-term management plan i really want to encourage them
to spend some money and get that plan in place and then follow it so that this, you know,
continues to be a woodland that improves and improves over time because we really need
that on all of our, even our smallest little leftover places in Philadelphia.
Last, yeah, and as you may know, the developers for this site are Mosaic.
They don't do anything half done, so they will absolutely, as you can see all the experts involved, come up with a great management plan.
The last thing I just wanted to provide is the SEPTA letter that was talked about at the last couple of hearings.
I know that it was something where the chairman knew we're concerned about potentially approving a hypothetical project with hypothetical access.
So it is in your records. We do have written support from SEPTA that was issued to us on the 25th of October, essentially understanding all the different issues, strategizing with us about the different ways that we could help alleviate any of the concerns that were mentioned, their support for the project, additional infrastructure surrounding Station Drive and their site,
support for the multifamily project and also acknowledgement that they will be giving us
access to the private drive for the site in addition to obviously working with us on some
upgrades that can help in the future. So that letter is detailed in the packet. Mr. Masters
has it as well and it's so that you can understand that you would not be potentially approving a
hypothetical project and that we have this directly from SEPTA. Thank you. Before we go any
further, we are past one hour so far with this case. As you know, we were not permitted to put
time restrictions. I don't know how many more. Do you have any more witnesses, Rachel? No. And I,
Steve, I know you feel upset that you can't cross-examine that last witness. Do you have it?
Who do you have? For technical reasons, apparently, I'm not able to cross-examine her,
but we can we can accept that and where are you with uh you have a witness group of witnesses
we do yeah our expert was not able to appear today her she did testify at the last hearing and
um she went through a good portion of her report but we reserved the portion that was really
relevant to this appeal and she didn't testify to it so i was going to just um go through that
quickly in the record and then we have um about three witnesses from uh from the the community
group um mr luke smith is going to go through uh the whole um history with the community engagement
all the considerations and and how west central germantown neighbors came to their position
and summarize the rco meeting where the vast majority of all the community members voted no
um and then um i also have mr um michael um ramos who is a near neighbor who's going to
testify to the traffic um situation the speeding cars that go through the excuse me this is sharon
mr master the only issue that is before the board is the one refusal will your witnesses
limit their testimony to that issue how they will be affected by um well we don't agree we we don't
understand that and you can yeah but right now all that is before the board is that one refusal
so our our witnesses are testifying to the the the the broader impact um that that this whole
project has which no they cannot do that no that's not that's going beyond on the issue that's
before the board it it well this is a this is a variance and the variance in order to grant the
variance the board has to conclude that there isn't any negative detrimental impact no by the
grant of the variance in other words by granting them a variance for the trees right there's no
impact on the neighbors not generally the project well that's that's actually i i guess i i differ
Well, that's actually, I guess I differ with that, that the implication is, this is not a project to clear trees from a wooded area. This is a project to create a large multifamily project.
with that that that the implication
And the rest of it is by right. Therefore, their testimony on any issue other than the one variance that is before the board is not relevant.
well the reason it's relevant is because of the septa easement so the access are you going to
accept anything miss saletta is saying um usually i do but not today i suppose um so the well then
we'll let the board rule on it all right what we're going to need what we're going to need to do
is we're going to have to resume this hearing and so you'll know I will tomorrow it's Wednesday
today's what the 16th? Tomorrow's Wednesday. I know tomorrow's Wednesday tomorrow's the 17th?
Yes chair that would be it. Looks to be. Tanya you sent me a date of 118. Correct if we have to
resume that would be the date but therefore there will be someone else who would be handling the
case that's where i'm going i will my last day on as a board member is tomorrow
that would be that would be let me finish and there's one other board member
whose last day will be uh sometime early december december which means december 8th so
steve with all due respect yeah i don't think this board needs to hear testimony from
any of your witnesses with all the respect to them about speeding cars and traffic we do have
a proviso we do have provisos mr chair in the event that the board is inclined to grant this
variance excuse me mr masters is the proviso for the proviso to it has to be related to the relief
granted and enforceable if it is related to anything other than the trees it cannot be added
as a proviso well that our our understanding is that it would be relevant but it is not
specifically related to the trees then it's not relevant to us it's not relevant
sheriff we're going to continue this hearing can i just ask that um the board make a ruling and
announce on the record that the next hearing will be limited to the one variance that is before the
board i would prefer i appreciate that i would prefer that we vote this today again you're going
to have two new board members they're going to have to review tapes and and notes and you know
things get lost sometimes when you do that so i i don't have a problem with that mr chair and i and
i value um you are you've sat through these hearings and and i think you have a right to be
to be part of the of the adjudication on it but we do want to put our proviso in the record and
do want to have our our our rco testimony otherwise um that's that's um the the community
has to explain to you um what this what what happened with this process how the designs changed
how they came at one point with 30 units and then they moved to 82. we're going back it's not real
not relevant in the letter well keep in mind that we that we believe there are other variances that
that should be before you and that is that was decided and you can appeal that if you disagree
do you have a witness who is prepared to testify as a representative of the group on the issue of
how the one variance before the board will impact the community i do and this chairman with all due
respect to steve there was a very lengthy letter that was submitted in both the lni appeal and in
steve's packet and in our packet that does a very long detail of the full rco process every meeting
that was had the conversation so the board does have all of that information and it was signed
by luke smith who i believe steve would like to have testified just so the board is aware there
are there is information about that that was already provided well that was provided in the
record but i don't think the board has the exhibits my understanding is that the board doesn't usually
have the exhibits in front of them while they hear a case but they could have or could have it we get
it before they have to yeah we get it before um i i normally wouldn't do this um i have a witness
on the trees i i do their witness is going to testify that the taking of the tearing taking
down the tall trees is not going to provide as much shade and coolness because the trees that
are being replacing the existing trees are going to be shorter is that pretty much what your witness
is going to say well that's what that's what well i mean we've heard that you've got we've heard
that again no disrespect to your witness i know i'm out to be on these calls i'm going to move
that we uh hear from the planning commission and that
that we uh hear from the planning commission and that the board votes this case great any commission
one moment chair peter bernard for the planning commission my last name is spelled b as in boy
a as in apple r as in nancy sorry b as in boy a as in apple r as in roger n as in nancy a as in
Apple, R's and Roger, D as a dog.
Do you swear to affirm to tell the truth, the whole truth, nothing but the truth?
I do, Board Chair.
Please proceed.
The comprehensive plan recommends no change to the existing RM3 multifamily zoning on this site.
The property is an unusually shaped lot with uneven topography.
The proposed use and density have not been refused since they are consistent with the existing zoning.
we further note that the proposed use multi-family household living is consistent with several
comprehensive plan recommendations to encourage housing near transit the applicant has made a good
faith effort to minimize the impact on tree canopy we believe that the proposal represents
the minimum variance necessary with regard to heritage trees accordingly the planning commission
recommends the board grant the variance thank you sharon is this a straight up and down yes or no
vote i believe so i mean if mr masters would like to put his proviso on the record i suppose he can
do that just read it out and then i can i can decide that we have one page of revised plans
just so the board's aware okay mr mr masters yes you heard sharon so if you want to put your proviso
in please do. Okay. Sorry. I thought it was teed up but it's just one moment. Okay.
our proposal is that the developer must develop a comprehensive pedestrian safety plan together
with septa office of councilwoman bass and west central germantown neighbors and file a copy with
the zoning board of adjustment this safety plan should include changing the direction of station
drive to one way with traffic entering on wayne and exiting on walnut lane that is contained in
the letter that the developer's attorney presented in her exhibit. Extending the sidewalk along most
of the length along station drive. Providing signage warning of pedestrian crossing before
the curve in station drive. Providing pedestrian crossing signals across station drive from the
development. Establishing a speed limit on station drive and installing speed cushions and providing
pedestrian scale street lighting along station drive the the part that's that's for the board
is the developer develops this plan files it with the board and it obviously it requires the close
cooperation of septa since they own um the the street and most of most of of these um traffic
safety uh considerations will will be on the septa property but some of them will be also touching on
the developer's property. So, Chairman, I would just state that we have a letter from SEPTA. We
cannot agree to provisos that have nothing to do with the tree replacement variants, and especially
we cannot agree to provisos that impact an adjacent property owner who's not here, but we have already
stated and have a letter with SEPTA showing that we're willing to work with them on similar site
improvements as we move through the process and i'm happy to keep mr masters in the loop
with those conversations as they progress that's great
chairman you're muted
sorry mi 2021-0003196134r as a robert i assume that's rear dash 46 wayne avenue my vote is yes
with the proviso revised plan one page approved today carol ternary my vote is yes with proviso
Professor Plaza, yes, with proviso.
James Snell, yes, with proviso.
We'll now go to the first case on the regular list, MI 2021-003291.
12002 East Roosevelt Boulevard.
I'm sorry, Chair.
This is the ZBA Administrator.
I hate to interrupt, but may I make a special request?
There has been some confusion about the list of continuances for today.
There has been some confusion about the list of continuances for today.
Would it be possible for you to submit the list again for all those who's waiting in the background?
Yeah, I think Sharma brought that to my attention.