civus
Hearing video

ZBA Hearing - September 8, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 8, 20216h 24m

Yes, we did.

Similar wording

Okay. And then what's shown on the screen is the first page of the PHA application to HUD.

Similar wording

That's called the HOPE VI program for the federal grant. And the next page shows what was in that.

Similar wording

Well, this is the application seeking $26 million. And then this is what the application consisted of.

Similar wording

And I highlighted the plan objectives, the description, and also community engagement.

Similar wording

And on page one of the application, PHA showed a sketch which showed this building, we would call it, I would say it's a relatively small building, at least compared to the applicant's proposal that we highlighted in yellow.

Similar wording

And that at the bottom of page one, PHA has a little cartoon about the public engagement process for residents and adjacent neighbors guiding the development. Is that correct?

Similar wording

That is correct.

Similar wording

Madam Chair, if I could, I don't want to prolong this any further. We're willing to stipulate that all of these documents say whatever they say. Mr. Bonney can introduce all of them.

Similar wording

We're willing to stipulate that our development is not in line with any of the 1997 documents, but we're now talking about something that's more than 25 years ago that has literally nothing to do with this case other than to suggest that there's a different context for this property than what we are presenting.

Similar wording

and we're willing to stipulate to that there are houses behind us and houses to the right of us

Similar wording

and we are not building houses i'm happy to stipulate to that but you know there's literally

Similar wording

no way this can otherwise be relevant so there are no it's highly relevant i'd like to continue

Similar wording

i'm trying to get through this and i can get through it very quickly but there are a number of

Similar wording

factors in the zoning code that guide this board into whether it should grant

Similar wording

a variance or not. One of those factors is that the variance may not be granted if it substantially

Similar wording

impairs the appropriate use of adjacent properties. And we will be making that K.

Similar wording

That's one of our arguments, that this project is harmful to the adjacent neighbors. And it's

Similar wording

partly harmful because of the neighborhood that they bought into and that were induced to buy

Similar wording

into with certain representations. And that's relevant. There's other questions in the zoning

Similar wording

code about whether it affects other public facilities. And a public housing development

Similar wording

exists on those houses that we just showed you, many of which are subsidized. Those are public

Similar wording

facilities so mr bonnie again it's we understand the legal arguments but this witness is not an

Similar wording

expert is she can she please testify to how this will affect her how it will negatively affect her

Similar wording

we have other witnesses for that um is she finished then no she's she's not finished

Similar wording

she's helped these are documents that are maintained by the my client the east falls

Similar wording

community council as you'll see there's a letter from east falls community council a few pages

Similar wording

after this and it's and i we're we're wasting time you're right okay let me do she is testifying

Similar wording

about why she is opposed to this isn't she she is and then we let's let her do that and then

Similar wording

Can we shift it into the history of the site?

Similar wording

No, we can't.

Similar wording

No, we're not doing that.

Similar wording

She is not an expert.

Similar wording

If you want to address the history of the site, we can give you an opportunity to use these documents to draft a brief and submit that.

Similar wording

This witness can testify as to the negative impact that she will suffer.

Similar wording

Okay, well, can I page through this and then ask her a question after I page through it?

Similar wording

Can I page through this and then ask her a question after I page through it?

Similar wording

You

Similar wording

No, you must focus on the relevant information that she has, not the history of the site.

Similar wording

Again, she is not an expert, please.

Similar wording

Of course she's not an expert, but she is the president of the East Falls Community Council, which supported this document in front of you.

Similar wording

And again, we understand that they have been supportive of other development.

Similar wording

But I know specifically about this development, what is that is going to negatively impact the neighborhood and her personally?

Similar wording

Again, you're asking her, she's not?

Similar wording

We're asking her a simple question.

Similar wording

How does this negatively impact the neighborhood?

Similar wording

We're trying to give you that answer.

Similar wording

I don't want to go back to the, and I don't mean to be wise, it's almost like we're going back to

Similar wording

the Declaration of Independence. Let's just stay in the here and now and ask Ms. Nichols why she

Similar wording

feels it negatively impacts the area. That's a fair question. Yes, and Madam Chair, I believe

Similar wording

the board is permitted to ask witness questions. Can you ask her that? I agree. I agree with that.

Similar wording

you're allowed to ask her questions. And Ms. Nichols, you've heard the question from the board.

Similar wording

Do you have an answer to that? I want to make sure I understand what you're asking me. Why do

Similar wording

I think this will negatively impact the community? And you personally, how are you going to be

Similar wording

impacted by this? She's the president of the organization. It doesn't matter what she is.

Similar wording

How is she impacted personally? That's what Ms. Saleta asked.

Similar wording

So there's two different questions in front of me then. There's a question of how I think it will negatively impact the community, and you're also asking how it will impact me personally, correct?

Similar wording

Well, you are part of the community. You and your neighbors, how will you be negatively impacted by this specific project?

Similar wording

the composition of the east falls neighborhood is it strongly encourages long-term residents

Similar wording

whether they be homeowners or renters and it strongly encourages a sense of community

Similar wording

um our feeling from the beginning at looking at this particular design is that it did not do that

Similar wording

that it encouraged a transient population we have people who live particularly um

Similar wording

in that area closest, the near neighbors to that development, who have been there since

Similar wording

the towers came down, since those houses were built, and they bought into a neighborhood

Similar wording

with an understanding of what sort of composition it had. And I would say that this development goes

Similar wording

very much against that. My concern is to see people putting their homes up for sale or choosing

Similar wording

to leave what they thought would be a community they'd live in the rest of their lives um for the

Similar wording

sake of a development that will cater to a transient population i'm sorry but this is too

Similar wording

speculative this is too speculative and the board is not in the board cannot base any decision on

Similar wording

the form of ownership please if you're going to address things like traffic light and air

Similar wording

do that. Not your assumptions about how a transient population might not mesh with the

Similar wording

existing residents. Well, I would say you mentioned traffic. I think this will absolutely have a

Similar wording

negative impact on traffic flow along Ridge Avenue, which I know personally affects me

Similar wording

because my only access to my house is off of Ridge Avenue. And, you know, traffic now is a

Similar wording

challenge. To add several hundred more cars into the mix will be challenging. So that is a personal

Similar wording

impact for me. Okay. Is there any other impact? You're asking this witness if she's finished her

Similar wording

answer? Yes. Is she finished? I would say in the interest of time that I am, yes.

Similar wording

Thank you. Do you have another witness, Mr. By? Ms. Soletta, Ms. Soletta, Ms. Soletta,

Similar wording

you said I could get these documents in some other way. What is that other way?

Similar wording

We will allow you to, if there is going to be another hearing, and I'm not sure if there is,

Similar wording

You may summarize them and along with submit a legal brief attaching those documents before

Similar wording

the next hearing.

Similar wording

we would have to work at a schedule

Similar wording

We would have to work at a schedule where each side would have an opportunity to respond.

Similar wording

where each side would have an opportunity to respond.

Similar wording

But at this point, I guess the board

Similar wording

will have to make some calls on relevance.

Similar wording

Okay.

Similar wording

Can we hear the next witness?

Similar wording

Madam Chair, I have literally four questions

Similar wording

that are all yes or no for the FCC.

Similar wording

I'm not ready yet, Sean, to turn her over.

Similar wording

If I could ask Ms. Zuletta and the Chair,

Similar wording

can i ask that this witness testify to the settlement agreement that we've talked about

Similar wording

of which the her of which the efcc is a party mr bonnie we want to know how it negatively impacts

Similar wording

the neighborhood and i think she's done a great job in answering that i and i understand and i

Similar wording

think she did a good job too and I'm and I'm I have a number of exhibits in this package you've

Similar wording

said that the current one isn't appropriate for this witness and as I look through the remaining

Similar wording

documents in this package one of them the last one is the settlement agreement with PHA and I'm

Similar wording

asking whether she can testify to that today um before I turn it over to is she going to say

Similar wording

anything beyond i mean the relevant factors are okay her organization was part of the settlement

Similar wording

agreement the settlement agreement allowed for fewer houses for a lesser development

Similar wording

and therefore you want you are arguing that that supports a finding that this is not the least

Similar wording

minimum variance isn't that the bottom line is there something else she needs to no but we need

Similar wording

to get that document into the record.

Similar wording

Madam Chair and Ms. Saleta, I can move this forward.

Similar wording

Mr. Bonney seems reluctant to share his documents with me.

Similar wording

I believe I understand the document that he's discussing.

Similar wording

I've seen it before from EFCC.

Similar wording

I'm happy to stipulate that it can be admitted as an exhibit

Similar wording

and it says what it says.

Similar wording

The board can read it, Ms. Saleta can read it,

Similar wording

and he doesn't need to introduce it through Ms. Nichols.

Similar wording

So we can please move on.

Similar wording

Okay. How about these portions of the other PHA documents?

Similar wording

You know what, Mr. Bonney, we're interested in hearing from witnesses.

Similar wording

We've heard one witness. Can we hear your second witness?

Similar wording

Because we're going to shut it down.

Similar wording

i mean i don't understand what's so difficult well i understand that because i have because

Similar wording

witness who's the second witness madam chair if i may i literally have four

Similar wording

questions all yes or no from for the efcc chair go ahead

Similar wording

um miss nichols i don't mean to be rude but i'm going to speak very quickly

Similar wording

You said that you've been involved with the EFCC since about 2015, I think you said?

Similar wording

No, I think 2014, I think.

Similar wording

Okay. Are you familiar with two other projects referenced as generally as the Howe and Grasso projects?

Similar wording

Somewhat familiar.

Similar wording

okay uh mr bonnie if you could stop sharing your screen i have two images to show you

Similar wording

miss nichols and i will ask two yes or no questions about them

Similar wording

miss nichols are you familiar with this image of uh the approved project at 4300 ridge avenue yes

Similar wording

Okay, and this is, I will say, for the record, colloquially discussed as the Grasso project that is also CMX3 across the street, correct?

Similar wording

Yes.

Similar wording

And this was approved by EFCC and supported by EFCC, is that correct?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Similarly, are you familiar with this project at 44, 40, and 42 Ridge Avenue, colloquially described as the Howe project?

Similar wording

Not as familiar, no.

Similar wording

Okay, but is it your understanding that EFCC also approved

Similar wording

and supported the approval of this project?

Similar wording

I believe so.

Similar wording

Okay, thank you.

Similar wording

Thank you, Ms. Nichols.

Similar wording

I apologize for being so short.

Similar wording

It was not out of curtness.

Similar wording

Madam Chair, I am done.

Similar wording

Well, I have just-

Similar wording

Thank you, Mr. Bonny.

Similar wording

I have a brief-

Similar wording

Second witness.

Similar wording

I have a brief redirect, Madam Chair, I'm sorry,

Similar wording

but Ms. Nichols, would you agree with me

Similar wording

that none of those projects involve steep slopes?

Similar wording

that's correct um okay uh my next witness is i'm sorry i'm madam chair this is tanya sunkett the

Similar wording

is i'm sorry i'm madam chair this is tanya sunkett the administrator yes we are at the

Similar wording

Administrator.

Similar wording

seven o'clock mark just about um my staff my staff have left if you wish i can arrange a

Similar wording

resumption date that would be great madam chair it is really desperate at this point could we have

Similar wording

have a question for mr bonnie as to is there any additional witness he said he has four other

Similar wording

witnesses and then we're done with the whole case and we can get to a vote. Is there any witness

Similar wording

who's going to introduce something new or can we just stipulate that these additional four witnesses

Similar wording

would testify similarly to similar density traffic considerations that Ms. Nichols already testified

Similar wording

to? Each witness has something new and different to say and very relevant to this case. I'm not

Similar wording

willing to abandon our case I'm sorry. Okay so Ms. Sunkett if we have a resumption hearing can

Similar wording

we limit it to one hour? Whatever you wish Madam Chair I just have to look for a date

Similar wording

which will not be that soon. Yeah I think we should limit it to one hour and then and that's

Similar wording

it when we vote it. We also Mr. Bonney ask for offers of proof as to identify the witnesses

Similar wording

the remaining witnesses you plan to call

Similar wording

and what they will be addressing that is relevant.

Similar wording

Would you like me to do that now or by email?

Similar wording

Actually, can we do that briefly now?

Similar wording

Yes.

Similar wording

The next witness I was going to,

Similar wording

it may be in a different sequence,

Similar wording

but first of all, I will be submitting these PHA documents

Similar wording

in the interim,

Similar wording

and I think that would make things go much quicker.

Similar wording

because we'll be able to refer to them

Similar wording

instead of having to introduce them

Similar wording

and doing it the more burdensome way.

Similar wording

So thank you for that.

Similar wording

One of my witnesses is Cynthia Kishenshand,

Similar wording

with a K, Kishenshand.

Similar wording

And she will be testifying about the value

Similar wording

and importance of the steep slopes

Similar wording

and the habitat that it supports.

Similar wording

So it's sort of an environmental witness, if you will.

Similar wording

If I could, Mr. Bonney, what are her credentials to testify to those aspects?

Similar wording

Do I have to do that at this time, Ms. Zuleta?

Similar wording

I think you asked me for an offer of proof.

Similar wording

I'm telling you the name of the witness and what they are going to testify about.

Similar wording

Well, I think what we're trying to find out is, is she just a neighbor?

Similar wording

No, she is not. She has experience and training in these areas.

Similar wording

Okay.

Similar wording

Then I would say that she would have to submit a resume showing that she has some expertise in order to...

Similar wording

Okay, I wrote that down.

Similar wording

Okay.

Similar wording

I have a witness by the name of Roxanne DeStewitt.

Similar wording

I'll spell it for Sean by email.

Similar wording

she is a near neighbor on one side of the uh in the east falls area um i'm sorry in the falls

Similar wording

ridge development that those little townhouses i also have another witness named and she will

Similar wording

be testifying to harm okay i have another witness named raymond adams he lives at hilltop which is

Similar wording