Mr. Jomploski, you mentioned the snow load and wind factors.
Yes, sir.
If the buy right, which is 65 feet, that were to be built, did you take in any consideration whether the snow load and wind factors would have any debilitating effect on your client's properties?
Well, the engineers have given you partial calculations for the snow loads, the risk
of snow loads, based on an 85-foot construction system.
I have not made objection to the approved application of the first for the townhouse.
I've only addressed the potential for the risk as a result of the increased study.
ms tucker available ms tucker
i have a gary vernick whose hand is raised that's uh he spoke earlier
i'm sorry they may be on the same computer okay okay the ms tucker is using mr vernick's computer
ms tucker if you're available on there please unmute yourself
Can I talk now?
Yes, please.
Identify yourself and I'll swear you in.
I am Diane Tucker.
Spell your last name.
Tucker.
Tucker.
T-U-C-K-E-R.
Just like Tommy.
Thank you.
You swear for him to tell the truth, the whole truth, nothing but the truth.
I'm Plosky.
Mrs. Tucker, how long have you lived in the 200 block of Bynesville?
I've lived in there for 75 years.
40. I moved in 1979. What property do you live in? I live in 221 Vine Street. I am Diane Tucker. I
live and have lived at 221-226 Vine Street since 1979. I am a next door neighbor. I also own 226-228
Vine Street. These two properties are, as my lawyer said, historically significant. They are
Flemish bond construction with historic storefronts and numerous on the fourth third floor.
It is estimated that these two buildings were constructed within perhaps a couple of years
after the signing of the Declaration of Independence. Both buildings have been meticulously restored
according to historic standards and with the help of the Philadelphia Historic Commission.
This proposed construction of an 85-foot building with perhaps another 15 feet of pilot house
and a code-required elevator overrun structure, including a deck on the roof, pose a very serious
and severe threat to my building, so much so that I have hired historic structural engineers
to help me preserve these two building treasures for the future generations. But it is the opinion
of these engineers that the project will put my property at risk of structural collapse. It is
opinion of the historic structural engineers and it is my opinion that their choice in this matter
is between this new building or the preservation or destruction of my two adjacent buildings
built at the time of the declaration of independence my husband bought this dick
tucker this property in the 1980s because of his love of history um and and that was
William Penn said that William Penn's Philadelphia came up to the south side of Vine Street and the
north side was Northern Liberties. So I want to keep it that way. And I would appreciate if you
really consider this as opposed to what could happen. Okay. Thank you very much for listening.
Thank you, Diane. I have no clue else as your journey.
Thank you. Mr. Maddioni.
It's Michael Maddion. Yes, I just want to object to the letters that Mr. Yampolsky referred to
because they are hearsay and the statements by Ms. Tucker with preference to the opinions
in those letters. They are hearsay and I want my objection noted on the record.
Again, Jennifer, you're back on. Jennifer, was it low? Let me share my screen.
um let's see here okay so um i'm here representing uh maxim and ivana spillcheck who are the owners
of 259 and 261 north third street they own one building as individuals and one building through
their llc just to be clear the blue dot is 259 and um the building right in front of it is 261
So these are some of the most impacted neighbors for this development, as they will be about
about eight feet away from the new 85 foot tall structure if it's approved. They are right across
eight feet away from the new 85-foot-tall structure if it's approved.
Bodine Street here and so the effects of the lack of open space and the additional square footage
will have a significant negative effect on the light and air access to these properties
And that lack of light and air access to these properties is going to have a significant negative impact on the economics of these buildings and on their ability to use their property as intended.
So first, there is, Ivana actually lives in this property, so there is the obvious effect of her quality of life issues by a lack of light and air.
But more significantly, these are multi-use properties.
They're mixed-use properties with commercial uses on the first floor and residential rental units above those properties.
Some of these units have only access to light and air through the rear of the property on Bodine Street,
and others have significant portions of their light and air access through the rear of the
property. We went through some numbers and my clients who are experienced developers, property
owners, do believe that there would be about a 15% reduction in their overall rent rolls once the
light and air is blocked to their properties. And while that might not seem to be all that
significant of a number for these properties, it's about $35,000 a year in reduced rent.
and that's not including any sort of increased turnover or increased vacancy because of the
lack of desire of these units. So while the developer is talking about his economic concerns,
we need to also consider the economic concerns of what those variances will have on the near
neighbors. That's speculation, I believe. I agree, Mr. Chairman. Michael Mattione.
Naomi. There's no foundation for those. I can have my neighbors, I can have my clients later
talk about the fact that they have looked at similar properties to try to do this analysis
of what similar units without light and air access in the area charge versus what their
properties charge. But in any case, there is going to be a reduction in light and air access
that comes from these variance requests. And I know that there was a shadow study done.
I just want to show these are first the photos that really show you how close this 85 foot
structure is going to be to these properties. Like it's incredibly close where it's so these
that's why this impact on light and air is even more significant for these properties that are
across Bodine Street than on Vine or some of the other streets. So I know the shadow study was done.
I know that was introduced into evidence and the shadow study supposedly shows that there's not
going to be a significant impact on light and air access to these properties. However,
the shadow studies aren't really showing apples to apples. If you look on the proposed project,
there is an open space above the existing structure of about 20% and that's on the Bodine side.
But when we go to the by right project, we now have an open space on the other side. So there's
no looking at what if they did a similar project, but at the right open space at 25% open space at
lower um height to um the impact of that light in air so i just wanted to point that out and also
shadow studies mr chairman it's michael madion i just want to point out the biroy project does
have 25 open space just has a different location and there's nothing wrong with us having it in a
different location and it does show the impact of a 65 foot height building which has basically the
same impact that the 85 foot height building has. And that was testified to by Mr. Zakin at the
last hearing. So that's exactly what I'm trying to point out is that we're looking at a project
that's not in all cases similar other than the variances. There's other changes here. And when
we're talking about whether or not we can reach, I'm going to have my clients present what they
propose that they would like to see here. That's significant when we're looking at that. So I just
wanted to point out those differences i'm not arguing that you're not allowed to make those
differences i'm just pointing them out um and shadow studies have nothing to do with air access
um if i think most of us live and work in the city um or at least have been in philadelphia
and know for a fact that when you walk between two tall buildings in a narrow alleyway
it's hot, it's stale, there's no air access. So I know that I have no studies to show this,
it's hot it's stale there's no air access so i know that i have no
Thank you.
but I'm just asking the board to use your own experience to know what that's like.
That condition, this is frankly true, that condition would exist even if you went only to 65 feet.
However, when buildings are taller, there is less access. And we're actually not complaining
about the height of the building. So I'm going to get to that point because my clients actually
have no problems with the general concept of this project. However, they're looking to create a
little extra space between their building and the proposed building, even if it's at 85 feet. So I
would like to call Max, Maxim, who is going to walk through what he's put together and what our
proposal is that we haven't been able to truly discuss with the developer um only very briefly
um but it was shut down so max can you uh unmute yourself i believe i'm unmuted can you guys hear
me yeah please spell your please spell your first and last name and i'll swear you in uh sure my
first name is max um m a k s y m as in mary last name is spielchok which is s as in sam
I am Zim Libra P-I-L-C-Z-A-K.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
I do, counsel person.
Can you just put the name and address of your LLC on the record?
The 259 North 3rd Street is 259 3rd Street Development LLC.
Address is 823 North Franklin Street.
mailing address. 261 North 3rd Street is owned by me and my sister personally. Address is 259 North
3rd Street for mailing for those. Great. Thank you. And I just wanted to quickly have you adopt
my testimony. You heard it today. You believe it to be truthful and accurate and would adopt it as
your own, correct? I would, yes. Great. So can you just tell us a little bit more? I know that you
own these properties, but can you tell us a little bit more about your educational and professional
background? Sure. Structural engineer, master's in structural engineering, civil engineering,
did multiple developments, worked in an architectural firm in the past, worked on large
civil projects, do have experience in this type of development. Okay, great. I just wanted to make
sure that the board recognizes that you have a little bit more technical background than just
the average neighbor. And so you're not opposed to this development in general, but your biggest
concern is that it will impact your light and air and the impact that will have on your property and
your tenants and your ability to rent those units, correct? That is correct. All right, so I want you,
I know you use kind of your technical background and expertise in development and engineering,
and you have put together what you propose as a compromise that will allow the 85 feet,
allowed the developer in your opinion to preserve the mural and have an economic benefit from the
development while giving you and your properties um the light and air access that you need correct
that is correct all right so so this is the proposed development right here that we're seeing
um it's over height um over occupied area over floor ratio yeah um so go ahead and just walk
me through if this is the screen you want or you want me to move to the next screen yeah exactly
okay so this is what they're proposing an eight foot separation and with the facade um he has
some texturing to facade it might even stick out a foot or two into the street uh the alleyway is
only eight feet it's very narrow uh it'll be as you can tell here it's going to be dark it's going
to be really um air is going to get suffocated um in this area and also uh be able to get access
for fire trucks might be an issue too what we're proposing is is i understand needs the height to
save the mural we're just looking to get us a setback if you scroll down to the next slide
we're proposing so it's a negotiation we we're asking for eight feet um uh for brief discussion
with shimmy i just want to be clear that that eight feet is only above the second floor so
above the existing floors correct yes above the existing uh painted broads another existing
campaign-ified facade stays where it is. We're just asking for additional floors only on the
side of Bodine Street at recess. And then we looked at a negotiation of how much, and these
are defected areas. So this is his floor plan. We're just asking, you know, we're asking for
eight. Shimmy proposed less. We just want to come to some agreement. We could come to an agreement
very easily. Every little bit helps. And this would help the developer get what he needs to
be economically viable and this would help bodine street i'm not speaking for a neighborhood but
and this would help bodine street i'm not speaking for a neighborhood but this is for bodine street
this is for bodine street specifically
specifically 261 259 263 on the corner and then jane's building which i believe is 253
and then the other in the other corner once it gets developed and i just wanted to be clear too
that since it's for you're here advocating for your property you would be fine with just the side
closest to vine street being set back eight feet and leave the remaining portion on the other side
of the building as is, correct? Yeah, so I'm only speaking to what is affecting Bodine Street. That
is correct. All right, great. Just wanted to make sure that's clear. And so you believe that
if there was an additional setback here that provided you and your properties more light
and air access, you would be in support of the other variances, correct? I would be in support
of the other variances. That's correct. All right, great. Is there anything else you want to add
um to your testimony uh sure no we we would you know we did talk to um the developer very briefly
um he threw out a number a loan number we threw out a number so there seems to be some there could
be some um negotiations for this and we would like the board to consider that and have the developer
consider that in their plan great thank you um and then i guess ivana would you like briefly too
yes please um good morning spell your first and last name please sure my first name is ivana
i-v-a-n-n-a and last name is s-z-p-i-l-c-z-a-k all right and uh you are a resident of this property
correct you live here i'm sorry where you swear for him to tell the truth the whole truth and
nothing but the truth. Yes, I do. Please proceed. Ivana, you are a resident of, I'm not sure which
property, but you live in one of these properties, correct? Excuse me. I believe Tanya's want to say
something. Oh, thank you, Secretary Confessa. I wanted to cheer her in. Thank you kindly.
Okay, we're all set? Okay. Ivana, you live at this property, correct? That is correct. I am a
long-time resident of 259 North 3rd Street. Okay great and I'm just going to ask you real quickly
again what I asked Max is that if there was some sort of an agreement for a setback of eight feet
or maybe a compromise setback on your on the portion of the development closest to your
building you would be in support of the other variances correct? Yes that's correct. Great and
i think you might have a prepared statement you wanted to read briefly um i do um so if i may go
ahead okay okay so um i guess just to reiterate what my brother did mention my brother and i
we both own 259 and 261 north third street we're a long-time residents and our properties
and our near neighbors of this project as the rear of our properties are eight feet from the
proposed development. As a near neighbor, I oppose the variances. Our property is landlocked and can
only access light and air from the front and rear of our properties. An 85-foot structure that is
straight up on the property line next to us with 100% lot coverage will tower over the rear of my
property and will substantially and adversely impact the health and economics of my property
by blocking adequate light and air and it would also impact me personally and my quality of life
as boating street provides 50 of the light to my apartment um so if the zba should decide to
reject our request to deny the developer their variances and decide to grant them we are merely
asking the developer for a reasonable adjustment to the variances to build an acceptable property
that conforms to existing zoning regulations. We understand the desire to preserve the mosaic.
However, the developer is using this mosaic to gain many concessions that would be otherwise
denied. If the contractor needs the massing height and number of units to save the mosaic,
then all boating street neighbors would need as a minimum would be a setback for some relief.
we are asking that the zba require the developer to create an eight foot setback in the elevation