Okay. Thank you. All board members are ready. Okay. Thank you. Good morning, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment. We have a quorum, so I'm officially calling this session to order. In attendance is the vice chair of our board, Ms. Carol Tenere, our board members, Mr. Thomas Holloman and Mr. James Snow, and also our board secretary, Confessor Plaza.
it. As you probably are aware, today is our fourth day of holding virtual hearings. Oh,
excuse me, I keep forgetting. Along with us on the board is our city solicitor,
Sharon Saleta, and our board administrator, Ms. Tanya Sunken. While we may have to make some
adjustments along the way, our plan is to call each case and basically proceed as we would have
in a live hearing. We ask that attorneys for applicants or other interested parties
identify themselves for the record when the case you'll be participating in is called.
We will then hear the applicant's presentation followed by any presentation by attorneys
representing other parties. Interested parties and members of the public not represented by
counsel will then be given an opportunity to testify. We will finally hear from the
recommendation of the Planning Commission. At the hearing's conclusion, the board
will either vote the matter immediately or hold it for discussion in executive
session. Any case held for discussion will be voted on the record at the next
scheduled July 29th morning session. A couple of changes related to the virtual
format. First, we will be administering oaths to individual participants prior to their testimony
rather than to the room as a whole since we have no room. Second, for the benefit of anyone
participating by phone, we ask that attorneys, witnesses identify themselves prior to speaking
or testifying. Third, we would like to advise everyone that this proceeding is being recorded
and by participating, you acknowledge your agreement to be recorded.
And okay, and if you wish to testify, please raise your hand. Ms. Sunkett will
recognize you at the appropriate time, and we will ask all participants, other than the
attorneys who are representing their clients, to limit your conversation to no more than two
minutes. Thank you. Carol?
Carol, you're muted.
Start again.
Am I calling that case?
1525 South Columbus Boulevard.
Calendar number 31820.
1525 Christopher Columbus Boulevard.
Frank.
This is a delay list vote. There are two related cases that are going to be voted. One is an appeal against L &I. The other is a request for a special exception. They will be voted separately.
Who will be going first? Is it Mr. Primavera? Mr. Mattione?
No, no.
I'm sorry. I'm sorry. We don't have anyone here. Okay.
Okay. So we're ready to do the vote, correct, Sharon?
Okay. Calendar number 31820. 1525 South Columbus Boulevard. On the matter of the appeal against
L &I, my vote
is to grant the appeal
against L &I.
My vote is to grant
the appeal against L &I.
Unmute yourself, Jim, and Tom?
My vote
is to grant the appeal against L &I.
we need your vote. You were muted.
Apologize for that.
appeal granted um if the two members who were not present for the original hearing could certify on
the record that they have read the transcript please yes i certify that i've read the transcript
Yes, I certify that I've read the transcript.
just may certify that i read the transcript
I certify that I've read the transcript as well.
State your name, man.
Apologize.
Professor Plaza.
James Snell.
Thank you.
All right, then we go to the next calendar, correct?
Calendar number 38216.
This is a request for a special exception.
My vote is no.
Proviso also do not, I believe that this does not meet the requirements
for a grant of a variance.
My vote is no.
This does not meet the requirements
for the granting of a variance.
My vote is no.
Proviso all does not meet the requirement
for a granting of the variance.
My vote is no.
It does not meet the requirements
for granting of a variance.
My vote is no.
It doesn't meet the requirements
for the granting of the variance.
And just to be clear,
it the no vote is that it does not meet the criteria for a special exception in
the alternative it also does not meet the requirements for a variance that's
correct thank you we proceed with the regular calendar list I assume these
are can these are continuances do we do this first yes yes calendar number three
39282 -1619 Elaine Street, calendar number 38334 -198 West Ashdale, calendar number 37290 -2033 East Wishart Street, calendar number 39283 -4230 Otter Street,
calendar number three seven two eight nine five forty nine East Luray calendar
number three eight three seven four six seven five six Geyers Avenue calendar
number three eight two two four nine one eight East Shelton Avenue
now we'll begin the hearings calendar number three eight three seven one two zero one two
north eighth street the attorney is enjin but before you begin mr jen uh are there any other
requests for continuances if so please raise your hands so miss sunken can recognize you
good morning good morning do you agree to waive the reading of the refusal and stipulate to its
accuracy i do and do you also swear or affirm to tell the truth and nothing but the truth
Thank you.
Good morning.
Pardon me, Zinjin.
Did you have witnesses we need to bring forward?
I have one witness, which is the representative of the company here also on Zoom.
He's Mr. Arif Ali.
Mr. Jin, do you swear and affirm the test?
Do you swear and affirm?
Did you swore him in already, Carol?
Yes, swore him in already.
I apologize.
I'm programmed to do it.
I'm sorry.
I know.
So sorry.
Good morning.
Zen Jin on behalf of 2012 North 18th Street, LLC.
My address is 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia, PA, 19103.
This is an application for a new construction on a currently vacant lot on North 18th Street.
The application is to seek a use of the property as a duplex.
I am going to share with the board the exhibits at this time.
Is that coming up?
Yes, we have it.
It's coming up now, yes.
Okay, excellent.
Let me move up a little bit here.
The deed is to 2012 North 18th Street, LLC.
This property is a vacant lot, and essentially it's going to be a new construction.
What the nature of the block is that it is a student housing block that is primarily multifamily.
So as you can see, the properties on both sides are already used as multifamily as well.
already used as multi -family as well as in addition most of the block is in
fact multi -family despite the single -family zoning. We're proposing a
duplex in about the same size and design as the existing properties. The
layout will not include any bedrooms in the basement. I know the plans are a
little let me shrink that down a little bit so we can see the plans a little
better from different views. The property will have a basement. There will be no bedrooms in
the basement. There will be an open living space in the basement with the bedrooms placed on the
first floor reversing the design of a typical unit so there are no sleeping spaces in the basement.
So first floor and basement would be one unit and second and third floor would be an additional unit.
This is the proposed layout. It will be used as two -family dwelling. The community met with us through the 32nd Democratic Ward. Let me expand that. I believe 100 % would be easier to view.
we met at the Church of the Advocate prior to the pandemic happening and it was well attended
and we did get support for this proposal primarily because the neighboring residents are aware that
this is predominantly a multi -family block this is a duplex proposal and the increase in density
Even though there is an increase in density, it is not unusual for that block.
In addition, we have entered into a sanitation plan and also agreed to work closely with the Susquehanna cleanup
to make sure that trash is always managed by the developer directly, as well as in coordination with the community group,
to make sure that trash does not become an issue,
which is a predominant issue in that area
for multifamily dwellings.
So as a result, we did get support from the community
for this proposal.
Again, the proposal itself is consistent
with what is on the block.
We're in the middle of the block
and practically everything in the surrounding buildings
are used in some type of multifamily format.
The property itself will be set up with the smaller rear yard, which actually isn't unusual for that area.
Again, the community find that larger rear yards sometimes will become party spaces.
They actually prefer that we have the design as it is designed.
there are no roof decks on this so there are no areas above the building where people can end up
at as well. So we would ask the board's favorable vote on this matter. Again from a light standpoint
there is a light well designed into the building so that there's light coming in as well to the
residential spaces.
Ken, do you want to ask your client
if he adopts your testimony?
Is Mr. Ali on the line?
Yes, I am.
Would you please, sir, would you please
spell your name for the record
and identify yourself?
Yes, my first name is Arif
and it's spelled A -R -I -F.
My last name is Ali
and it's spelled A -L -I.
Your address, please.
We're going to affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Thank you.
Mr. Ali, can you also state your address for the record?
2012 North 18th Street.
I mean, your address, your actual address.
1000 West Gerrard Avenue.
Thank you.
You heard my testimony to the board.
Would you please confirm that it is true and correct, and would you be adopting that as your own testimony?
Yes, true and correct, and I will adopt that as my own testimony.
Thank you.
Thank you.
Anyone else to testify on this case?
No hands are up for this case.
Questions from the board?
Planning commission.
Chairman and members of the board, this property is indicated for residential use on the comprehensive plan.
And due to the multifamily nature of the block, we have no objection to the granting of the
variant.
Thank you.
Calendar number 38371, 2012 North 18th Street.
2 -0 -1 -2 North 18th Street my vote is yes. My vote is yes. My vote is yes. My vote is yes.
My vote is yes.
My vote.
My vote is yes. Good luck. Thank you. Thank you. Before you begin Carol I have a question I thought
earlier we were going to hear from a representative from Councilwoman Gatier's office
about a continuance. Did I misunderstand that? No that case is listed for this afternoon not this
session oh okay i'm sorry thank you okay okay calendar number three eight two six four sixty
four twenty six kester avenue do you agree to waive the reading of the refusal and stipulate
to its accuracy i do and do you swear or affirm to tell the truth and nothing but the truth truth
Good afternoon, good morning. This is an application on Castor Avenue for use as a
facial and foot facial and body massage to be operated by a licensed therapist. This is the
district itself is a CMX2 commercial district on that block, but it's also abiding residential.
The application has been before the community for meetings.
I believe we had a total of two in -person meetings as well as a site visit.
The community ultimately had a divided position on this.
The business itself, which is under Susan Spott, is a proposed massage business.
It used to be a restaurant bar that was converted.
I had also spoken with Hillary from the councilwoman's office regarding this yesterday.
The key concerns are that this type of business always for the community is a concern.
So they have proposed that if we do move forward, and the board is inclined to grant this, to have this as a temporary grant so that the business can be observed over the next few years to make sure that there's nothing that is out of the norm for the type of business that it is.
The community, when they saw the space, also met the masseuse.
The gentleman, his specialty is dealing with a Swedish massage, and he does a lot of work
with local athletes, such as gymnastics, swimming, and other team sport athletes.
My client, who is the primary operator of the business, will be the other masseuse.
She is from New York City and has had experience performing massage as a masseuse.
She has also obtained the license in Pennsylvania, so she is a licensed therapist.
In the beginning, they're only proposing the two of them working in the space, although I'm going to share the plans for the space.
Please let me know if that has come up.
Yes. So this is the proposed plan. As you can see, there is a waiting area and the foot massage
spaces in the front and the massage rooms in the back. Because there are multiple rooms,
one of the concerns when we did the walkthrough initially with the community is how many
rooms would actually be active at any given time because the space is so large as it used to be a
restaurant it runs all the way to the back these are proposed rooms however in actuality the actual
rooms that are currently set up there's only total of three rooms available for use the rest of these
are currently vacant because they don't have the business yet at this time to justify having those
room set up the there is a kitchen area and dining area in the back and the space runs out to a
parking lot in the rear of the shopping center so this is part of a small shopping center it has
parking space in the rear which is generally shared by other tenants in the center the
community primarily was concerned about having how many people would actually be coming in and
performing or having the massage done. The proposed hours are from 10 a .m. to
10 p .m. One of the concerns is to make sure that we end absolutely at 10 p .m.
and have that as a proviso. We are certainly in agreement with that. Another
Another concern is that because the space used to be something different and
concern is that because the space used to be something different
it was renovated, the request was made that we obtain a certificate of
occupancy prior to opening for business from the City of Philadelphia to make
sure that all work that was done on the property is in fact 100 % approved by the
city and done properly for fire and safety reasons. So as you can see the
community has kind of a divided vote on this. We had people come in to look at
the space. We walked through the space with the gentleman who is the masseuse.
He answered their questions. So I think in general the proposal itself is at a
comfort level for the community that it will be properly operated it would not turn into a problem
business for the area as a result some some of the members did support it although some people
are just generally against this type of business and therefore we had a divided vote.
Again with a temporary permit I believe that if there are in fact any problems that would arise
from the use, the community would certainly take action. I know that the
Castor area community groups are very active in monitoring the type of
businesses that operate on the block and when they see any kind of issues they
tend to report them very quickly. So we would ask the board to take
consideration of that in your decision. Again the business itself, the restaurant
business unfortunately was unable to continue and this was the business that my client ran in New
York before and felt that she would be confident to move to Philadelphia and start here as her own
actually not she didn't run the business I'm sorry she she was serving as a masseuse in New York
before and this will be her first business and it will be her personal business here in Philadelphia
She will be relocating to Philadelphia as well.
So if the board has any questions, I'll be happy to try to answer them.
And I think my client is also on the line here with us.
Do we have a name?
Why don't you ask your client if she adopts your testimony, and then I have a couple questions.
Absolutely.
Tonya, it is Jin Ming Huang, J -I -N -M -I -N -G, H -U -A -N -G, she will be, she should be on the line.
Okay, she can unmute herself and she can speak.
Yes, I can.
Good morning.
Good morning, ma 'am.
Do you swear and affirm that the testimony you give will be true to the best of your ability?
Okay, Ms. Huang, can you also state your full name and address for the record?
Oh, you mean the address, right?
The address, yes.
Name and address.
It's Sousa Spa, and address is 6426 Castle Avenue.
What is your current home address?
35 Fillmore Avenue, Livingston, in New Jersey.
Thank you.
You heard my testimony to the zoning board.
uh do you can you verify that the testimony is true and correct and adopt it as your own
yeah true thank you you mentioned the hours of operation 10 10 a .m to 10 p .m is that seven days
a week yes i'm sorry it is seven days a week and the lease that your client has is a three -year
lease i believe it is a three -year lease let me pull up the lease itself um we do have it in the
exhibit package five years oh it's five years five years but you're willing to accept the three -year
temporary variance if the board decides and my client is willing to accept that yes all right
and the interior is has not yet been uh built out according to the plan correct no the interior is
built out it is built out with all the i think i saw nine massage rooms in the plan yes but the
the actual uh space there's three prepared rooms the rest are currently just empty rooms
let me see if i have the photograph that would help visualize this is one of the rooms the double
bedroom is one of the rooms that's ready uh this is another room and there's one room with a painted
wall um which i'm not sure is shown in the photographs so are they doing manicures and
pedicure pedicures also are the pedicure just foot massage chairs foot massage chairs
they're not doing manicure pedicures okay i when i first looked at it they looked
They're not doing manicure pedicures.
When I first looked at it, they look like manicure chairs, but they're not.
They're foot massage.
All right.
All right.
But there is a potential, obviously, if the business grows,
that they're going to be using more than just three rooms.
Absolutely.
And I'm not averse to that.
I just want to make that for the record.
It's not going to be limited.
Correct.
The three rooms.
I think that's all the questions I have.
Any questions from the board?
You're on mute, Carol. You're muted.
No questions, Frank.
What are the hours of operation?
It is 10 a .m. to 10 p .m., seven days a week.
So, Chair, I have Hillary Emerson with her hand up.
I am now going to allow her to speak.
Hillary, you can unmute yourself and give testimony as you wish.
uh good morning can everyone hear me yes you can hillary identify yourself for the record and i'm
going to ask you right now do you swear in front of them to tell the truth the whole truth and
nothing but the truth i do um hillary emerson on behalf of councilwoman sherelle parker
um here today on behalf of 6426 castor avenue calendar number 38264 um the councilwoman is
um not opposed to the granting of the variance in this case um with some provisos that i'll go
into in one second um this is a commercial um on a commercial corridor um and there's a
Hilary Hilary Hilary yes we're having a hard time yes feedback now we can but most of what you said
prior uh was not audible to me at least yes so could you start over again please
okay i'm sorry jim mute yourself jim oh it should have counsel for
i'm sorry chair might we suggest a letter um because it might be the connection
thank you
Hillary
how about this
if Hillary could submit
a written statement
before this afternoon's session
you could vote it at the start
of the two o 'clock session
if that would be acceptable
let me try something
if you can hear me Hillary
the councilwoman is
in non -opposition is that correct
yes or no
that's not working either yes she's not in opposition are there any provisos
is the councilwoman entering any provisos
but with her
sounds like they're provisos there are could we have hillary call me and i could relate
no testimony we'll just have to submit we'll just to submit a letter
mr jen you were about to say provisos yes my understanding is there will be provisos from the
councilwoman's office you're aware of what they are i i don't want to speak on their behalf okay
all right only aware of i don't know if there's anything in the letter
can i just say that if hillary is willing to sign off i can relay here she's calling me right now
how about if i read her provisos okay okay okay that's okay i'm still on how about if i read what
you want to say into the record okay or as you know what i'll put you on speaker and you will
be heard. Okay, Hillary, go ahead. Can everybody hear me now? Yes. Okay, great. Again, Hillary
Emerson on behalf of Councilwoman Sherelle Parker regarding 6426 Castor Avenue. The
councilwoman is not opposed to this application but with provisos one of
those being temporary variants because the neighbors have had concerns about
this type of business in the past and this business initially open prematurely
and this business did initially open prematurely and do renovations prematurely before getting
and do renovations premature
zoning approval so we would would like to see a temporary if the board decides to grant this
application we would also like to see it required that a certificate of occupancy
be part of the provisos as well the neighbors in our office did share concerns about hours of
operation 10 o 'clock does seem rather late so there may be a proviso there I
were talking to counsel for the applicant they they would like to be
able to open till 10 it is like I said it is a little bit concerning to us we
we understand that that is what what they would like to do
And I believe that is everything on behalf of the Councilwoman. Thank you.
It's my understanding that they would want to make sure that it does not extend past 10 p .m.
based on our request to have a lease until 10 p .m.
Part of the reason being that some of the work would come after other people have finished their workday.
Some of the massage sessions could take up to 40 minutes.
and with two masseuse in the beginning those four hours actually would not really cover that many
customers in the grand scheme of it but we're certainly in agreement not to extend the hours
beyond 10 p .m for any reason my only concern is that if you take a customer in at 9 30 and
potentially you're going to be going past 10 p .m and i'm trying to figure out what the i don't know
what the magic number is so that you would have, you know,
the doors would be closed at 10.
We could ask my client to verify if that's okay to have it closed at 10.
If she would better be able to answer her exact plans with regard to that.
I mean, they're going to have to figure that out.
If someone has a one hour massage,
obviously you can't take that person at 930 because you'd be going into 1030.
And if you took that person at 10, you'd be at 11.
right so yes um all right um i don't know any other questions from the board and thank you hillary
thank you patience no no waiting commission
i'm sorry i just lost my notes uh this property is indicated for residential use
and commercial use on the comprehensive plan because it is a split zone the building is on
commercial portion of the property accordingly we have no objection thank you anyone else tanya
i forgot to ask you no chair you can go forward thank you could i read the provisos just to be
sure that i'm recording them right if you vote to approve it temporary very good you you read them
off good um hours of operation 10 to 10 daily certificate of occupancy prior to opening and
three -year temp to expire September 1st, 2023 work so that they would have a couple of months
to obtain permits. Correct. Okay. Okay. All right. Very good. Calendar number 38264 -6426
Castor Avenue. My vote is yes with the following provisos. Temporary variance to expire September
1st 2023 must obtain a certificate of occupancy 90 days I believe we usually
do opening part of me prior to opening prior to opening and hours of operation
10 a .m. to 9 p .m. yes seven days a week 10 a .m. to 9 p .m. yes with proviso
yes for proviso yes for proviso okay thank you thank you very much have a good one
that ends the 9 30 hearings
okay well we'll be back at uh two for you guys this afternoon
Be safe.
Take care.
Thank you.
See you too.
Bye -bye.
Bye -bye.
...to press star nine to raise their hand to speak.
Star nine to raise their hand to speak.
Press star nine to raise your hand to speak.
I'm ready when you are, Frank.
Professor, I guess you're wrong.
All right, good afternoon, everyone.
My name is Frank DiCicco.
I'm the chair of the zoning board of adjustment. We have a quorum. I'm officially calling this
session to order. Attending this session is our vice chair, Ms. Carol Tenere, our board member,
Mr. James Snell, board member, Mr. Thomas Holloman, and our board secretary, Professor
Plaza. As you're probably aware, today is our third day of holding virtual hearings.
Also in attendance, I keep doing this, also in attendance is our city solicitor, Ms. Sharon
Soleta and our board administrator Ms. Tanya Sunke. While we may have to make a few adjustments
along the way, our plan is to call each case and basically proceed as we would have in a live
hearing. We ask that the attorneys for the applicants or other interested parties identify
themselves for the record when the case you'll be participating in is called. We will then hear
the appellant's presentation, followed by any presentation by attorneys representing other
parties. Interested parties and members of the public not represented by counsel will then be
given an opportunity to testify. We will finally hear the recommendation of the Planning Commission.
At the hearing's conclusion, the board will either vote the matter immediately
or hold it for discussion in executive session any case held for discussion will be voted on
the record at the scheduled july 29th morning session would be morning session still tanya
uh yes it should be sorry i'm doing quite a few things
Even though we're in an afternoon session now, these cases would still go to the morning session, correct?
Yes, I believe so.
Okay, if not, we'll make the adjustment later.
Okay, thank you.
A couple of changes related to the virtual format.
First, we will be administering oaths to individual participants prior to their testimony rather than to the room as a whole since there is no room.
Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses
identify themselves prior to speaking or testifying.
I'll repeat that.
We ask that any witnesses testifying would please identify themselves prior to speaking
or testifying.
Third, we'd like to advise everyone that this proceeding is being recorded and that by your
participating you acknowledge your agreement to be recorded i would also also ask anyone who wishes
to testify ask uh please raise your hand so that tanya will know who wishes to testify and you'll
be called on in the appropriate manner i believe i uh we're ready to go carol i'm ready to go
I think second we're doing the continuances first yes calendar number 39284715 West Lycoming
Street calendar number 39291 6603 Souter Street and calendar number 39288 150 West Wyoming
there's one additional case calendar number three nine two eight seven five seven one eight
thomas avenue that case is withdrawn thank you ready for the first case anyone else wish to
is there any any other request for continuances i understand that there's another case i'm not
sure if anyone from Councilwoman Gaultier's office is on. Yeah, Chair, if I could,
technical person, Bill. Yes. Could you make me a co -host so I can
take care of this, please? Thank you. So we do have
We have Max Weiss, I believe, who was supposed to be available for this case.
Is that correct, Sharon?
Yes, as of this morning, that was correct. And the case is 5230 Walnut Street, calendar 39828.
As of this morning, that was correct.
And this is the case.
Okay, Max, I have promoted you so you can go ahead and give your testimony.
And Rachel Pritzker is the attorney for the applicant, so she will want to speak as well.
Rachel, you can speak as well.
I would have both of you to identify yourselves for the record and I'll swear you in.
uh hi this is max weiss
weiss w -e -i -s -s yes uh please identify yourself that is working for the councilwoman
yep i work for councilmember gaudier and you swear affirm to tell the truth the whole truth
and nothing but the truth yes please proceed thank you um on behalf of councilmember gaudier
I'm here to request a continuance of the hearing for appeal number 39828 for 5230 Walnut Street
because there was not enough notice provided to neighbors of the RCO meeting last night
with the Cops Creek neighbors. The RCO meeting was held last night and wasn't held last night.
What was that? Monday, Max. Oh, sorry. Monday. I'm sorry. Yeah.
Yes. Days are blending together.
No, it's okay.
It was Monday night, and our understanding is that notices were not mailed until July 13th, so about a week before the meeting.
And the RCO and our office are concerned that due to USPS delays, near neighbors, folks living within 250 feet of the property, did not receive notice of the meeting in time to participate.
And according to the RCO's letter that they submitted to the ZBA following the meeting, none of the attendees of the meeting identified themselves as living within 250 feet of the property.
So, you know, we think the concern that near neighbors didn't get notice is, you know, evidenced, you know, by the fact that, per the RCO's letter, there were not attendees who, you know, lived within 250 feet of the property.
So, we request a continuance of this hearing.
Thank you, Max. Rachel?
Rachel Pritzker, R -A -C -H -A -E -L -P -R -I -T -Z -K -E -R. I'm the attorney for the owners of the property.
We sent out the notices again a week before. We only found out about the hearing then. And we've
actually been in correspondence with this RCO for a number of months about this project because this
was submitted quite a while ago. There were 40 people on the meeting, 28 on the Facebook live
group, which we also sent around a video a week before that they asked us to do a video that they
could promote on their Facebook page, doing a walkthrough of the project and a presentation,
which I did with the owner. In addition, I've received calls the last couple of days from
near neighbors, which I sent documentation. No one expressed any real issues. They just wanted
an understanding of the project, but I did get direct calls, which I took. And basically I had
explained to Max when we spoke last night that the only variance that we're requesting for this
is for the parking requirement. Walnut Street is a state -owned highway, so the city has no
authority to actually grant a curb cut. PennDOT does, and for a 10 -unit project where there's not
one curb cut on that side of the block, in the middle of the block, on the 52nd -100 block of
Walnut Street, we don't think it's worthwhile going through the extensive PennDOT process
because we most likely think they won't be granting a curb cut, and the only way to get relief
from this one refusal is going in front of the zoning board of adjustment. Most of the concerns
in the RCO meeting were about the affordability of the project. The owner is voluntarily with
no bonuses or subsidies doing 60 to 80 percent AMI through the entire building. And the other
concern was about diversity and inclusion regarding construction and the owner's business, which he
already offered to share the makeup of his business in addition to sharing his contractor
list and subcontractor list um in addition to obtaining information from the rco and any
neighbors who um would be interested in working on the projects rachel sorry to interrupt no sir
are you and uh are you in opposition to having a discontinuity yeah yeah you're giving us the
full case it's what sorry the reason we're opposed to the continuance is because again it's just for
a refusal for three parking spaces that we don't the city doesn't even have authority to grant
PennDOT probably won't approve, and most of the concerns that we had in the RCO meeting with the 40 -person turnout in addition to all the other outreach we did, we just don't think it warrants that to send this case back based on a code, a contradiction in the code, just, and given that's not really what the RCO's concerns were, it just seemed.
a contradiction in the code just and given that's not really what the rco's concerns were just
seemed a little bit unreasonable at this point and we had tried to relay that to to the council
office uh all right i'm not sure if the council office no disrespect understood this uh as we're
explaining to us what i might want to do is either hold this or we can hear the case and uh vote on
it we'll take it up in the discussion and executive session and vote on it next wednesday
that would be fine that would give you time rachel and max uh to have a further conversation and and
enlighten the councilwoman as to what the real issue is here
and maybe not have to reschedule another hearing that work mr weiss mr weiss makes sense yeah i
yeah i think we just want to make sure that near neighbors have an opportunity to be
heard okay all right so why don't we do that um so chair yes i do have two hands up and if i could
ask if the caller with the last three digits of 509 do you wish to speak in behalf of this
continuance request? Because your hand is up. And then we have a Roman. Are you prepared
to speak in behalf of this continuance request? Yes. Hello? Yes. Are you in behalf of this
continuous request speaking yes yes um the caller on the phone yeah this is roman this is roman
the caller on the phone can you please speak first roman bourgeois okay go ahead roman
please spell your name for the stenographer name and address um my name is roman uh r -o -m -a -n g -u -z
hva 2015 north 5th street 205 north 5th number five street to 2015 north 5th street number five
street yeah you're way way way way what's what's your uh concern about this matter do you have
property or anything you know what i'm sorry i'm i'm i think i'm out of place here i'm uh you're
in a different case probably. I'm in a different case.
I apologize. I have no opposition.
No opposition. I apologize.
No problem.
All right.
Sharon, do we need to get any more
testimony from Rachel on this?
No. If you're going to go forward
with the case, you should just hear it in order.
We'll go
forward with it, and then we'll make the decision
to have a discussion
and vote on it
next week. Thank you.
All right. Thank you.
Ready Frank? Yes. Calendar number 39750 -9998
Frankfurt Avenue. The attorney is Michael Phillips.
Michael are you here? If so could you raise your hand?
Michael, are you the caller with the numbers ending in 5 -0 -9?
It's unusual for him.
I don't see Michael Phillips.
let's go to the next case you may be having technical problems we can come back to that
calendar number 39727 207 green lane the attorneys are sarah alderfer
and leonard reuter for the city
and this is an appeal against onai correct all right
any other participants in this in this case
for this Sarah I have promoted you to a panelist you can share your screen if you wish
hi good afternoon everyone hi Sarah can everyone hear me yes okay I'm going to be sharing my
You got a little bit of an echo. I think it's the room you're in. So maybe pull the mic a little closer.
screen. You got a little bit of an echo. I think it's the room you're in.
I apologize. I'll try to do, get a little closer. Is that better?
A little bit.
All right, let's give it a try. Your name and address. Spell your name, please.
Hi, my name is Sarah Alderfer, S -A -R -A -H -A -L -D -E -R -F -E -R, 1500 JFK Boulevard, Suite 800 Philadelphia.
I'm here today with my client, Charlotte Martish, who is the owner of 207 Green Lane.
Sarah, do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
And a court reporter, are you able to hear this witness?
Thank you.
okay Sarah please proceed okay so as stated this is an appeal against L &I to document the
continuous uninterrupted and not abandon use of the property at 207 Green Lane as a three family
dwelling since it was approved and permitted originally in 1949 the property was acquired by
Sigmund Sulik on May 2, 1941. On November 7, 1949, he obtained a use permit after obtaining
a variance from the ZBA to use the property as a four -family, multifamily property. That use
permit is available at Exhibit 6 on page 27 of the PDF of exhibits that I previously
submitted. Since then, the property has been used and continues to be used as a three -family
dwelling. Sigmund Zulik operated it as a three -unit dwelling from the time he first permitted
in 1949 until his death in 1978. In 1978, it was continued to be used as a three -family
dwelling. Sometime in the end of 1979, Sally Solick, his wife, lived in the first floor unit
and then rented out the upper two units of the property. And then as well, in 2001, until the
fall of 2015, Sally's daughter and my client's sister lived in the property as well on the
first floor unit. Because it was owner -occupied for so long, when rental licenses were obtained
for the property, a rental license was obtained for two units in 2004 because the first floor
unit was owner -occupied, and so a rental license was only needed for the two units. However,
it was always maintained as a three -unit property. The rental licenses are Exhibit 11,
and the history of the rental licenses begin at page 113 of the pdf
in 2015 susan moved out of the property and she took a while to remove her personal effects
so charlotte at that point in time had the property repainted to prepare to re -let the first
four unit but decided instead to market the property for sale as a three unit property
at that point in time there was some delay in completing in marketing the property for sale
because the two upstairs units were long -time residents of the property and charlotte wanted
to give them the opportunity to secure alternate housing in senior housing and so they've the third
floor resident has secured such housing and has moved out and the second floor resident is
continuing to live there while she is trying to obtain alternate senior housing but she always
but charlotte always intended to maintain the property as a three -family and has not been in
that use. Since 1949, no alterations have been made to the interior of the property to reduce
the number of units. That is also confirmed by the Sanborn maps, which are exhibit 9,
which is PDF page 44, and also the interior property photos, which show that there have
not been recent alterations made and that the property is maintained, continues to have three
units, three bathrooms, three kitchens
inside.
inside. So this appeal against L &I comes under section 143055 of the code, which deals with
discontinuance of use. And here we believe that because the use has been continuous and it's not
been abandoned since 1949, we believe that this appeal should be sustained and that the board
should allow for L &I to issue a permit for a three -unit building at the property.
So at this point in time, I'm going to ask Charlotte a few questions.
Charlotte, can you state your name, please? Charlotte J. Martish. M -A -R -T -I -S -H.
and where do you live what's your address 504 writer street philadelphia 19128
have you heard the statements i have made yes are they true and correct yes do you adopt them as
your own yes um charlotte can i direct your attention to exhibit five um which is on page
23 of the pdf which is um an owner's affidavit are you able share and share excuse me are you
able to share that? Apologies. Can you see my screen now? Yes, right. Yes, um, Charlotte,
do you recognize this document yes i do um sarah we need to get her on the record her name and
address your client charlotte can you record please my name is charlotte martish m is in
Mary, A, R, T as in Thomas, I, S as in Sam, H.
I live at 504 Ryder Street, R, I, G, H, T, E, R Street, Philadelphia, the Wissick and
section of the city.
Thank you, Ms. Martis.
Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Thank you.
Thank you, Sarah.
Please proceed.
just to go over things since uh really quickly um did you hear my statements that i made earlier
yes i did are they true and correct yes do you adopt them as your own yes um at this point in
time i'd like to redirect your attention to um exhibit five which um is on page 23 which i
23, which I believe I have shared on the screen for debaucher review. Do you recognize this
document? Yes, I do. Is it in affidavit? Correct. Is that your signature, which appears on page two?
Yes, it is. Okay. So, and prior to signing this document, did you review it? Yes, I did.
and you ensure that all the statements made in are correct they are correct
okay so just to take you chair for the benefit of the board on this document
describes the history of ownership in detail which I presented in my initial
presentation I'm happy to go over it again but I just wanted to incorporate
it into the record for the benefit of the board and everyone involved so
So, Mrs. Mardish, your father owned the property at 207 Green Lane, is that correct?
And growing up, where did you live?
I lived next door at 205 Green Lane.
My parents also owned that property.
So growing up, were you familiar with 207 Green Lane?
Yes, I was.
were you familiar with how that property was operated yes I was was it always a
rental property as far as I remember correct and how many units great and
then your father passed away in 1978 is that correct yes and after your father
passed away your mother owned the property correct and did your mother
continue to operate it as a rental property? Yes, she did. Did it continue as a three unit property?
Yes, it was.
Yes, it was.
After your father passed away and your mother took ownership of the property,
did you remain involved with the operation of the property?
I did to a point, yes.
My mother was older then.
And since after your father passed away, did your mother live in the property?
My mother decided to sell the three -story apartment, three -story building at 205.
I was going to help with that.
She got the wrong soda.
I'm worried about them being able to knock that down.
Sharon, I'm sorry.
You were unmooted.
The dog listened to what your command was.
I'm so sorry.
All right.
okay Sarah please continue so Charlotte I believe you were talking about your
mother moving into the property yes my father died in 78 my mother lived next
door it was the house was too big she and my older sister decided to take over
the first floor apartment at 207 Green Lane and she consequently sold 205
really she continued to rent out the other two apartments um and then in 1998 she transferred
the property to you and your sisters yeah 1998 98 yes um and throughout that time
do you guys continue to have to use the property as a three -family property yes um from
From any point in time that you can remember through now, did you make any interior alterations
to the property?
Just painting, carpeting.
Did you make any alterations that would reduce the number of units below three?
What was your intention regarding the property and how you wanted to use it?
originally i thought my three sisters and i would retire but as i got older i realized i couldn't
live with them so we decided finally we needed to sell the property and when you went to sell
the property did you intend to sell it as a three unit oh definitely as a three unit yes
um that's all the questions i have for my client at this time i'd be happy to
answer any questions for the board just the gist of your testimony is that this
is always and it has continually been used as a three -family dwelling the
triplex license the license was paid for only two of the three units
Because it was owner -occupied
Understood
Understood, okay
Thank you
Leonard or whomever
I'm not sure if Leonard is in attendance
Yes, he submitted a letter
Have that letter
to be read into the record?
Give me one second.
Thank you.
I can read you the email that Leonard sent today.
Ms. Sunkit, please inform the Zoning Board of Adjustment with respect to the matter of
207 Green Lane, ZBA date July 22, 2020.
On the basis of all the information provided, the city is not opposing the applicant's claim
to lawful non -conforming use so long as all the materials supporting the claim are put
into the record of the board and on the condition that the appellant obtain a new use permit
indicating three -family use once a decision letter is issued by the board.
Have we known that sooner? Okay. All right. Anyone else, Tanya, on this case?
I have no hands up at all. All the callers, there are a lot of callers. If you wish to testify,
you must press star nine but cheer at this moment i do not see any hands up
any questions from the board
Thank you. Any questions from the board? All right. Calendar number.
all right
Oh, God. All right. Carol, would you give me that calendar number and address again, please?
Carol, if you could unmute yourself.
okay calendar number 39727 207 green lane
okay calendar number 39727 207 green lane uh my vote is uh my vote is to grant the appeal against
L and I. My vote is to grant the appeal against L and I. Appeal granted. Appeal granted. Appeal
granted. So we voted. Thank you. Thank you all.
I thank you for the rest of your day calendar number 39 I'm sorry can I
interject please sure so sorry so chair vice chair we do have the attorney for
Frankfurt Avenue available it's a different Michael and if you will allow
him go to go next I can promote him to a panelist yes reading okay that'd be
calendar number three three nine seven five zero nine nine nine eight Frankfurt
Avenue the attorney is Michael Malloy it is Malloy thank you very much do you
agree to wave and stip? Yes, thank you. And do you also swear to tell the whole truth and nothing
but the truth? I do. Thank you. It's like Perry Mason. Thank you, Frank. Okay. Thank you, Mr.
Chairman, members of the board. My name is Mike Malloy. I'm with the law firm of Obermeyer,
Reverend Maxwell Hipple. I have with me today two witnesses if we need them. Of course,
is Justin Giannotti. He's with Dynamic Engineers. He's our professional engineer on the job. And
Sean Leonard, who is the managing member of 9998 Frankfurt Avenue, LLC, which you'll hear,
we might as well take care of that preliminarily. OPA had the wrong owner listed on the
on the records. And so the application was filed under the name of Realty Income Corporation.
Realty Income Corporation sold the property to Mr. Leonard's LLC. And that is 9998 Frankfurt
Avenue or Frankfurt Ave LLC and in your exhibit packet we've pre -marked as
Exhibit E the updated deed OPA sheet and previous deed for your record so with
that we're talking about the property located at 9998 Frankfurt Avenue it's
the northwest corner of Frankfurt Avenue and Knights Road in Northeast Philly
currently it's in a discontinued or abandoned gas station retail a motor
vehicle repair station and retail this mobile dispensary use and if you look at
exhibit K in your packet that shows the photographs of the existing conditions
and the site is like a lawyer it's more a part of me if you could share their
that with us. That would be helpful. Oh, I'm sorry. No problem. It's all new to all of us.
Oh, geez. I thought you had them to see them. I thought that when I submitted them that you had
them. Okay. Let me, give me one second, Mr. Chairman. Sure. Give me one moment here.
Sorry about that.
No worries.
No worries.
One second here.
Give me one second here.
Hold on.
Hold on.
Apologies.
I would have had, I thought this was working differently.
Sorry about this.
Thank you.
if it's given you a problem we can just go with your oral testimony and okay well i as i i'll
keep testifying as we as we uh can you hear me right now yes okay great i'll keep testifying
and i'll bring up the exhibits okay uh so thank you mr chairman sorry about this so the existing
conditions consist of an abandoned service station plus a canopy. The space is 100 %
impervious surface. The existing square footage of the building is 1 ,880 square feet.
And what's proposed is a complete rehabilitation of the site. The applicant proposes to construct
a single commercial building with two tenant spaces. The first tenant space would be 2 ,488
square feet. The next one would be 2 ,844 square feet. It would have 33 parking spaces,
and the smaller of the two spaces is already dedicated toward a citizen's bank. The other
use has not been identified yet, but Mr. Leonard is marketing it. The site would be reconfigured.
There would be access points on both Knights and Frankfort Avenue. In your exhibit packet,
there were two exhibits under the plan set. The second plan set that we submitted, the only change
was a minor change in the driveway aprons. They were straightened instead of more like an apron
type driveway. But otherwise, the site will be fully landscaped. It will be green. They'll put
green areas in with underground stormwater management. The site has no environmental
conditions. In the exhibits, we've received community support. The RCO letter, which is
marked in the exhibit packet as Exhibit N. We've also received a letter from the councilman,
and that letter of support is also in the exhibit packet from Councilman O 'Neill's office.
The two variances that we're discussing today have to do with the drive -through
for the proposed use, and that drive -through is 14 feet closer. I'm sorry, it's 14 .5 feet,
where it should be 20 feet from the adjacent commercial area, and the other variants
request that we do not separate the bypass lane with a curb, and rather the applicants proposing
a thermoplastic striping, but a curb median or landscaping is proposed under the code.
So those are the two, the setback from the property line for the driveway at 14 .5 instead
of 20, and the ability to stripe it instead of curb the distinction, the distinct area between
the bypass lane and the other lane. And the reason for the curbing to get rid of the curbing is
because when you run a plow through, it destroys the plow. So I think that this is one of those
variances that actually maybe falls under Hertzberg. And it's a complete rehabilitation
of the site. You have an economically distressed property. We're coming in, making a better use.
They're just asking for two minor dimensional variances, one of which is probably
de minimis in nature. And that is the end of the case. And my witnesses
you know, de minimis in nature. And that is the end of the case. And my witnesses would confirm
on the record that what I said is correct. Okay. If you have your witnesses, would you,
are they there or are they joining? They should be on the line, yes. And
maybe they can raise their hands. Yeah. Well, the witnesses in this case,
please raise your hand so we can identify you.
Hi, this is Justin Giannotti with Dynamic Engineering.
Justin, would you please spell your name for the stenographer, your name and address?
Name is Justin Giannotti, so it's J -U -S -T -I -N and G -E -O -N -N -O -T -T -I.
you swear to the firm to tell the truth the whole truth and nothing but the truth
i do and your address i i interrupted you i'm sorry not a problem 826 newtown yardley road
suite 201 and that's in newtown pa 18940 thank you
mr malloy you want to ask your client if he adopts your testimony
Mr. Giannani, do you adopt the testimony as I stated?
Yes, I do.
Great.
And then is Mr. Leonard on?
I am, yes.
Mr. Leonard, do you adopt my testimony as stated?
Yes, I do.
Thank you.
Mr. Leonard, please give your full name and address, and I'll square you in.
I'm sorry.
Sean David Leonard, 642 Washington Avenue, Haddonfield, New Jersey, 08033.
Thank you.
And the adoption of the testimony that the counsel just read off, you swear and affirm that is the truth and nothing but the truth?
Yes, Chairman.
Thank you.
Is there anyone else, Tanya?
no i don't see anyone else okay uh questions from the board
planning commission uh we have no objection to the granting of the
variance thank you calendar number three nine
seven five zero nine nine nine eight frankfort avenue
my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes
thank you thank you mr chairman mr chairman do you know the timing on a
written decision they just have some financing constraints you will have to
talk to the administration office so you can send the email thank you very much
I appreciate it thank you have a good afternoon you too calendar number three
nine eight two nine nine one one West Dauphin Street the attorney is Alan
noccamson
mister knockin since you agree to waive the reading of the refusal and stipend
to its accuracy? Yes, I do. And do you also swear to affirm or to tell the truth and nothing but
the truth? Yes, I do. Spell the name for the stenographer, please. Allen, A -L -A -N, last name
Nochamson, N -O -C -H -U -M -S -O -N. Address is 123 South Broad Street, Suite 1600, Philadelphia, PA,
I also have two witnesses who are also attending via Zoom, Constantine Petroff, who's the owner's
representative, and Alex Dollar, who's the architect of record.
And I would have Mr. Petroff be sworn in, so then he can attest to what I state during
my presentation.
Is it possible for him to raise his hand?
Okay, thank you.
They're both available to testify as you wish.
Alan, call your first witness and I'll swear him in.
Okay, Mr. Petroff, you are the owner of 1825.
Okay, Mr. Petroff, you are the owner of 1825 Development LLC, correct?
Correct.
Which owns 9 -11 West Offen Street, right?
All right, so I handed you a packet of material.
Let me swear a minute.
What is your last name again, Alan?
Petroff.
Mr. Petroff, you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Yes I do. Thank you. Please proceed. Okay, so I handed you a pack of exhibits which include eight
exhibits. The first it's a deed to the property showing that 1825 Development LLC owns the
property. The second exhibit is the certificate of tax clearance for 1825, showing that they're
tax compliant. The third exhibit is the notice of refusal for this owning matter. As you can see,
this is an RM1 property, and we're seeking to put a two -unit condominium here. Typically with
RM1 properties, we would have enough square footage, lot square footage, that we wouldn't
have to be here. The lot size is 729 square feet, but we are in an overlay, which requires 425 square
feet per unit for a requirement of 850 square feet. So in actuality, even though this is an RM1
property. The only use allowed by way of this overlay is a single family property. Even though
there's the entire area, if you look at exhibit five, which is the zoning map, which is page one
of it, shows that this is completely within a multifamily area. If you look at exhibit eight,
We actually met with the nearby neighbors via a certified RCO meeting last week, and everyone who attended supported this project.
So we have unanimous support from the community.
Now, I can go through the drawings if you want.
We also have photographs of the property, which shows a vacant lot, showing proof that we posted for this hearing.
But, you know, I'll do what you want me to do.
uh whatever is the takes the least amount of time and gets you what you need on the record
i think this is actually again i'm i know you have a lot on your agenda and i don't believe
that this is one that you know garners much time for you for this board but i don't want to be
disrespectful either and i don't know if we have anyone on the line who would be against it that
will be the first person against this project again it just makes sense it's an rm1 property
If it was not in an overlay, we would not, it would be allowed as of right.
Okay. Thank you, Tanya. So there's no one else on the phone.
And you can ask your client or clients if they want to adopt,
if they would adopt your testimony.
Yes, Mr. Chairman. Mr. Petroff, you heard everything I stated today.
And is it true and correct?
Yes, of course.
And would you adopt it as your own testimony?
yes I am done with my presentation any questions from the board no planning commission
this property is indicated for residential use on the city plan
given the property configuration and the overlay in place we have no objection to the granting
interference thank you uh carol i'm going to ask you again for some reason i can't pull up the
summary calendar number three nine eight two nine nine eleven west dolphin street
okay calendar number three nine eight two nine nine eleven west dolphin street my vote is yes
my vote is yes my vote is yes my vote is yes my vote is yes
good luck thank you very much have a great day
you too take care calendar number 39289
449 west norris street and the attorney is isaac slepner
Isaac, you have been promoted to a panelist. You can speak and share your screen as you
Mr. Slepner, do you agree to waive the reading of the refusal and stipulate to its accuracy?
Mr. Slepner, are you there? Can you hear me?
Yes, I do.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Yes, I do.
Can you put your name and address on the record and spell your name?
Can you put your name and address on the record and spell your name for the stenographer?
All right. I was not expecting the Philly Fanatic to show up there.
My name is Isaac Slepner, I -S -A -A -C.
Last name Slepner. S is in Sam. L is in Larry. E is in Elvis. P is in Peter. N is in Norman. E is in Elvis. R is in Robert.
I am with Mattione Limited, 100 North Independence Mall West, Suite 5A Northwest, Philadelphia PA 19106.
And do you swear for a firm to tell the truth and nothing but the truth?
Thank you, Mr. Slepner. Please proceed with your testimony.
All right. Good afternoon, Mr. Chair, members of the board.
My name is Isaac Slepner. I represent the owner and developer of 449 West Norris Street,
Dominus Holdings, LLC. And with me somewhere in this call is my client, Roman Guzva,
who is the principal of Dominus Holdings. Also with me today is Logan Dry of KCA Design,
our architect. So 449 West Norris, and if you may, if I may, I'm going to share the screen
and share the exhibits that have previously been distributed to Sharon Saleta and to the
board, but I'd like to go through our exhibit list. So if you would indulge me. So I'm now
sharing our exhibit list which is extensive you can feel free to scroll
through it and I guess I'll just start the exhibits so exhibit one if you'll
look at exhibit one that's our notice of refusal which we already stipulated to
So Exhibit 2 is our time -stamped application for appeal, November 7, 2019, Exhibit 3 is
our plans, and I will actually ask our architect, Logan Dry, to elaborate a little bit more
on the plans.
Logan, are you there?
Logan, ahoy ahoy.
Okay. In any event, our plans, I'll go over them briefly. It's going to be a three -story
with a basement, two -unit is what's planned by my client. The first page is an elevation
and some site photos and a site plan. Exhibit four is our floor plans. And as you can see,
The two apartments would be basement and ground level with having rear access and then second and third levels with the upstairs apartment having rooftop access.
Exhibit five is a rendering done by our architect in which you can see the plans for the composition of the property, some brick, brick and metal, pretty standard three story row.
The property is a corner property. Exhibit 6, and I will enlarge this for you and turn it around if I can.
Exhibit 6 is a map of the area, and I really wanted to kind of get into this because what this will show you,
let's zoom in first and then twist it on its side so you can really see it.
This is a screenshot I took of Atlas when I wasn't really able to print out my screen from Atlas.
Can everybody see that? How about if I enlarge it a little bit? Is that any better?
That's about as big as I can get it with the details still in there. So let me orient everybody
to this. Right there at the corner of 5th and Norris is 449 West Norris. That's our property.
447 West Norris. And you'll notice that these are all of my highlighted property. Well,
many of the ones I highlighted are in RSA 5 zones, including ours.
449 West Norris is in an RSA 5.
Next door to 449 West Norris is 447 West Norris.
449 is a vacant.
It's a vacant lot with a wood fence around it.
447 is also vacant, a vacant lot.
My client does not own that one.
445 West Norris is a mixed use.
It's a pizza shop or a deli at the ground level with two apartments above.
If you look across 5th Street on Norris, you've got 501 through 507 West Norris. Those are more
recent new construction duplexes. There's four duplexes in a row there. If you look just north
of those four, there's a huge development coming on North 5th for 2004 through 2020.
There's a huge development coming on North 5th for 2004 through 20 North 5th, which is to be a 38 -unit multifamily.
If you look just south of Norris on 5th Street, 448 West Norris is actually a church.
502 West Norris right there is an auto garage.
And at the very, I guess, bottom of my map there, south on 5th Street, that's 1939 North.
I'm sorry?
Oh, I thought I heard somebody. 1939 North 5th, which is another multi -use, there's a small restaurant at the ground level with, I think it's two or three apartments above.
So as you can see, the immediate vicinity of our property is, there are a range of uses, none of which are really single family residential.
You've got some mixed use and you've got some multifamily and I will continue down our exhibit
list here and I'll put this back so everybody can read it properly.
Exhibit 7 are the zoning permit documents for the aforementioned properties.
First you have the permit for 501 -09 West Norris to be developed as several number of
two -family houses. That was in 2017, so you can see when that was built. Next, you've got 445
West Norris, and there's the use permit issued in 07 for a takeout restaurant with a one -family
dwelling above and an accessory office, and the application documents there, too.
Then you've got the same for 1939 North 5th, which there's the initial application for the
permit from 07, and the petition for appeal to the ZBA from 07, and the notice of refusal
from 07, the notice of decision of the zoning board, also from 2007, granted with provisos
for a, and there's the use permit, if you scroll down, it's page 34 of 45, granted in
July of 08 for a takeout restaurant with seating and catering on the first floor with an existing
apartment on the second through third floor. So again, restaurant mixed use. And finally,
pages 35 and 36 are the permits and plans for 2004 to North 5th Street, which is a 38 -unit
multifamily and notices of decision applications. I pulled the zoning permit histories for these
just to emphasize that there's a lot of various uses in this immediate neighborhood.
Exhibit 8, beginning on page 43, is our pictures of the orange signs
that were photographed on July 8th, which was 14 days ago.
The first photo was turned to the side, and that's a close -up of the board with the orange poster,
our refusal, and our recent letter to the neighbors.
The next photo after that, you can see the corner of 5th and Norris.
There's our orange poster across the street.
You can see the new development multi -units.
And there, the last photo, page 45, is our orange poster with refusal and letter.
Behind it is a mural.
That mural is actually on the wall of 445 West Norris.
My client's construction, proposed construction, would not seal up that mural.
That mural is immediately adjacent to 447 West Norris, which is, as I mentioned, vacant.
I'm going to move on to Exhibit 9, 9 through 19.
So Exhibit 9 is a photograph of our property, 449 West Norris and 447 and 445 looking eastbound on Norris Street from the corner of 5th and Norris.
The next photo down is the same, 449 West Norris, looking north on 5th Street, and a different angle of our property, 449 West Norris, I guess looking northbound, but really just looking at the corner property.
Exhibit 10 is a photograph of 445 West Norris, which, as I mentioned, is a multi -use.
It's a cheesesteak shop.
I misrepresented it as a pizza shop.
It's apparently a cheesesteak shop with apartments above.
Exhibit 11 is 1939 North 5th, Mi Puerto Rico Family Restaurant with dwellings above.
Exhibit 12 is 501 through 507 West Norris.
Each of those are duplexes.
Exhibit 13 is the, it's still under construction, but that's 2004 to 20 North 5th, which is proposed to be a 38 -unit multifamily.
Exhibit 14 is our project information form. I can enlarge that if you can.
Exhibit 14 is our project information form. I can enlarge that if anyone needs me to.
We don't need that enlarged. We're good. I got you. 15 is the RCO letter. 16 is the deed to the
property in favor of Dominus Holdings LLC. Dominus purchased that in August of 19 and it was
um recorded number of 19 and uh the final page uh exhibit 17 um i'm sorry second our penultimate
exhibit 17 is our letter of july 8th to the neighbors informing them of this zba hearing
and exhibit 18 is the uh certificate of mailing we mailed to a lot of neighbors there's a lot
of near neighbors um that goes on and on i'm sure you don't need to read every address if
you're more than welcome to. And finally, Exhibit 19 is the tax clearance for Dominus Holdings dated
7 -14 -20. I would point out that this property is zoned or RSA -5, but the changed circumstances
of the immediate neighborhood under the holding in Valley View Civic Association would basically
remove this property's viability as a single -family house in this instance and would really present
a hardship if the variance were not granted. I would ask my client, Roman Guzva. Roman, are you
there? Yes, can you hear me? I can hear you. You got the right case. You're back. Okay.
Roman was very eager to get in front of you
I know
So Roman, please spell your name
Give us your address
My name is
R -O -M -A -N
As Roman
Last name is G -U -Z
V as a Victor
A as an Apple
2015 North 5th Street
Philadelphia
APA. Thank you. Do you swear and affirm to tell the truth, the whole truth, and nothing but the
truth? Yes, sir. Thank you. Roman, did you hear all of my testimony to the board today? Yes,
sir, I have. And would you adopt this testimony as your own? Yes. Okay. Thank you. Do you have
any other witnesses we don't need them but yeah i have about 17 people gathered from from the
community in support of the project these people could not participate in an rco meeting because
of their work they work very late and they could not attend six o 'clock meeting let me ask this
question of the 17 or so folks who are uh online uh is there anyone who is opposed to it
i don't we don't need any of the supporters we just need anyone if anyone is opposed
to this project please raise raise your hand
and if there is no opposition well the record will note there are 17 or so 17 plus members of
the community who are in support of this project the only other hand that we had
up was Logan dry if Isaac one attempt to testify and then we also have the
council person's office representative Sloan folks so we'll hear from both
those. Logan, you're there? Logan? Yeah, you know what, he's on, but for some reason, he can't.
So, Mr. Slepner, just give us his name and address, and we'll make that
Uh, his name is Logan, L -O -G -A -N, last name Dry, D -R -Y, um, I think it's, you're testifying
that he is in support.
Well, he is our, he is our, our project architect.
Oh, our architect, I'm sorry.
Okay, so obviously he's in support.
So let's hear from the council, uh, council person's office.
Good afternoon, ladies and gentlemen of the ZBA.
Can you hear me?
Hey, you want to swing me in first?
Name and address, and we'll swear you in.
Yes, sir.
Sloan Fuchs, F as in Fire, O -L -K -S, Office of Councilwoman Maria Quinonez Sanchez, Room 508 City Hall.
Thank you.
Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
The applicant has met with the RCO and has garnered a letter of opposition.
The applicant is met with the RCO and has garnered a letter of opposition. Therefore,
the councilman's office is submitting and has submitted a letter of opposition. That's our
testimony for today. That took me by surprise, to be honest with you.
Ladies and gentlemen, may I add something, this is Roman Guzman calling, I realize there
was an opposition at the RCO meeting, but unfortunately all the votes, the people who
voted, they are not, they don't live in the vicinity of this street.
The people who are living in the vicinity of the street were not, they know what's going
on on the block they they realize how bad it is and how trash keeps piling up and nothing really
being done and they can individually speak as they're on the phone right now just to attest to
that there were those people were not present at the vote just because there were either some of
them lost the letter or they didn't receive it or they were just working most of them were actually
working until late hours all right let me let me ask you a question mr folks is the councilwoman
if you know is the councilwoman uh raising an objection because of what she heard back from
the rco or does the councilwoman have any specific reasons not to support it other than any issues
with the rco uh i personally was at the rco meeting i can attest that the councilman doesn't
have any specific re any specific issues with the project other than the community vote uh at the
end of the meeting okay that that's that's good i hear you all right any questions from the board
no planning commission
based on the um
zoning of this particular district we have no objection
thank you calendar number three nine two eight nine four four nine west norris street my vote
is yes my vote is yes my vote is yes my vote is yes my vote is yes and for those folks who
are on the line we thank you for your participation today appreciate your time thank you mr chairman
members of the board good to see everybody and uh stay well safe take care thank you
Frank, are we going to Rachel Pritzker? I can't remember. Do we handle that?
That was the one earlier, right?
That was with Councilwoman Gauthier?
Oh, yes. Yeah, on the continuance. Right. We'll hear the testimony.
So we are calling that case.
Calendar number 39828, 5230 Walnut Street.
tanya the attorneys rachel pritzker
thank you rachel you have been promoted to a panelist so you can share your screen as you
wish and if you have any witnesses please let me know okay rachel do you agree to waive the
reading of the refusal and stipulate to its accuracy yes name and address for the record
and please spell your name for the stenographer uh rachel r -a -c -h -a -e -l pritzker p -r -i -t -z -k -e -r
pritzker law group 1635 market street uh suite 1600 philadelphia pa 19103 um it won't let me
share my screen it just doesn't give me that as an option
well do you swear to tell the truth and nothing that's the truth thank you
frank she's all yours all right rachel maybe it's your work now okay
yep all right cool okay so we also have um my client who is travis seal um who's the owner
of the property here as well so um i don't know if you want to swear him in now or after my testimony
Okay, Travis is available to speak as you wish.
Yes, this is Travis.
Frank, can you unmute yourself, please?
I'm sorry.
Mr. Seale, please identify yourself with the record, name and address, spell your name
for the sonographer.
Yes, my name is Travis Seal, and that's T -R -A -V -I -S, last name S, as in Sam, E -A -L.
Yes, my name is Travis Seal, and that's T -R -A -V -I -S.
And I'm the managing member of SR Walnut Street, JVLLC, which is the owner of 5230 and 5232 Walnut Street.
Office address is 614 South 4th Street, Suite 146, Philadelphia, PA, 19147.
thank you mr seal do you swear and affirm to tell the truth the whole truth
and nothing but the truth I do Rachel please proceed okay so this is for the
property located 5230 and 32 walnut Street for you today is a proposal for
a lot line relocation to consolidate two existing parcels at 52 30 and 32 to one
parcel and for the erection of an attached structure for uses 10
multi -family dwelling units with a roof deck accessed by three individual roof deck access
structures. The property is zoned CMX4 and is currently vacant. The block is adjacent to RM1,
CMX2, CMX3, and CMX4 zoning districts. The proposal is permitted as of right except for
the refusal we generated as a result of our inability to provide accessory off -street parking.
the requirement by the code is a little bit in sort of contradiction to what's currently there
so the code requires and I can share my screen based on the refusal that for every 10 dwelling
units you're required to provide three off -street accessory parking spaces however on this block of
Walnut Street and Walnut Street in general it's a state highway so you would need approval by
PennDOT. We spoke to the streets department and submitted our email correspondence in the packet
with the streets department who basically said that we cannot give you authorization for a curb
cut on Walnut Street without you going through PennDOT. There are no, if I can show you the
Google Maps of this area, this is the property right here. There are no curb cuts on the south
side of the 5200 block of Walnut Street, which is where our property is located. It's mostly
residential homes, some commercial mixed use, and as you can see, all this on -street parking.
Our property is also located in the center of the block, so if you look on the other side of the
block, there is a curb cut here for this shopping center, although the rest of the block is in
conformity with no parking, and again, with it being in the center of the block, we feel like
if we were required to provide accessory off -street parking, we'd be taking more cars off the street,
And again, the city has no authority right now to actually even approve a curb cut.
So we'd have to go through PennDOT's process.
When we met with the RCO, again, we met with them Monday night.
Someone from the council office was there and there were 40 participants.
If you can see in my packet that we submitted, we have a proof of mailing.
We mailed out 169 letters.
I took phone calls for the majority of yesterday with neighbors submitting plans.
We did a recording of everything.
and the only refusal again is for the curb cut. So we also did in terms of establishing a hardship
Travis went and spoke with a bunch of neighbors as far as trying to see if we could figure out
a property within a thousand feet that we could do accessory off -street parking but we were
unsuccessful. You actually have to find a parking lot that is zoned for non -accessory
parking for it to qualify within a thousand feet. I'm just trying to find,
here's the zoning posters. Again this is the property as you can see there's no
other curb cuts. That was our only refusal. I know that the council office
was aware that most of the questions that were asked at the here at the RCO
meeting had to do with affordability. We're providing between 60 to 80 % AMI for this project
voluntarily. We are not requesting any city, state, or federal subsidies, and we are not
requesting any bonuses. And so a lot of the conversation was around affordability. They
felt that that wasn't low enough. Again, that really doesn't pertain to our refusal, which is
just for accessory off -street parking. Just want to make sure I covered everything, make sure I
show the proof of mailing with 160. This is the correspondence with the streets department.
Just let them know you represent the owner and that we wanted to get written documentation to
see if they would provide support for a curb cut. They needed to speak with streets department and
they said they won't be able to get approval because it's a state highway. We would require
a highway occupancy permit through PennDOT. Again, our hardship is that if we are refused this
variants, we would have to work with PennDOT, they could also refuse it, and then we would
we would have to work with PennDOT. They could also refuse it. And then we would have a project
have a project that can't move forward.
that can't move forward with 10 affordable housing units because of a curb cut in the center of a
block that is out of character with the existing landscape and the existing infrastructure that's
already there. So we are in front of the board asking for relief. I believe we've met all those
requirements. Thank you. Do you have any witnesses you want to call up? I have the owner. I don't,
Travis who already spoke just he's more than welcome to put any sentiments I would like him
to share kind of his experience as far as hardship just speaking and trying to find
alternatives to this as far as trying to get additional parking from a nearby site I think
that would be beneficial for the record and other than that I think the board gets has a gist of
the issue with this case. Yeah I think that Rachel pretty much covered everything there
I would say to her point, I did make an extended and concerted effort to find some non -accessory
parking to lease in the area within the 1 ,000 -foot requirement.
I was unable to do that.
There's just not a lot out there.
So that kind of leaves us here.
And I think that also just to add from a design and kind of aesthetic and quality of life
standpoint a curb cut on that mid -block site just does not make a lot of sense removing street
parking from that block and having vehicular traffic crossing the pedestrian walkway it
doesn't make a lot of sense either from uh from my perspective as a developer so that's that's
what brought us here but i think rachel touched on everything else that's relevant here yeah and
there's there's no other refusals that were generated from this price so everything else
dimensionally and otherwise is conforming with cmx4 requirements thank you um is the councilwoman's
representative still here uh yes let's pick up where we left off earlier there was going to be
request for a continuance yeah this is this is max weiss again uh on behalf of councilmember
gaudier um we did request um a continuance earlier and um you know we we we still think
that the notice was deficient here um you know as evidence uh by the rco letter which states that
no near neighbors participated in the meeting and and you know what Rachel was saying that she's
been getting calls from folks who received notice after the RCO meeting I think further shows that
you know those those people did not have the opportunity to participate in the meeting because
they didn't get notice in time so just kind of restating what I said earlier. Just to comment
on that I had let Max know yesterday that people had reached out saying they got the notice but
they didn't um they tried to do the zoom and didn't know how to do zoom but that's you know
besides the point it wasn't that they didn't get the notices they were sent a week before i've done
projects where they've been sent three days before and 40 people showed up and there's nothing to say
that if we did this again that we would get any better of a turnout i've done that on many cases
before and that doesn't necessarily happen again and i said to max given the de minimis uh reason
for this variance and the lack of the city's ability to even approve a variance, we would
really be stuck between a rock and a hard place going back to an RCO meeting to talk
about affordability and diversity and inclusion.
Not that that's not important.
It is.
And we're open to that discussion as the developer clearly stated and provided his contact information.
But we were just here for the curb cut.
That's the only issue that's here.
So, you know, if it we felt that that was a good enough turnout and that the concerns
weren't really related to that.
Mitchell, of the 40 or so people who attended the meeting, what was the vote count?
I think that was like two in favor and 12 opposed, but I don't know that they gave us any indication of what the opposition was for.
Again, most of the conversation was around affordability and diversity and inclusion.
Not that people felt like the curb cut was really necessary.
um and i think and correct me if i'm wrong earlier i said we would hold this for discussion
so that you would have uh you rachel would have some time to speak to max and the councilwoman
between now and next wednesday yeah i mean my com my question would just be to the board in
the event that they still want to move forward with another meeting um and if the community was
wanted a curb cut here we still the city still doesn't have authority to put a curb cut there
so we're just then proposing continuing time for information which I'm more than happy to do if
continuing time for information, which I'm more than happy to do if that can be arranged within
two weeks. But, you know, again, as you can understand, it's a little bit of a difficult
case given the refusal. Understood. And even if the city was allowed to give you a curb cut,
I don't think they would. I don't think they would. And I don't think the neighbors would
want it either, to be honest with you. You know, it takes valuable on -street parking away in this
case. Yep. Very congested area. All right. Yes. We do have someone who wishes to testify on behalf
of this case. Yep. Larissa, your mic has to be unmuted, but you're available to speak.
Hi there. I'm here. Can you hear me? Yes. Please state your name and address for the record.
Sure. Larissa Magano, L -A -R -I -S -S -A -M -O -G -A -N -O. I'm at 5234 Webster Street.
Thank you, Marissa. And do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you. Please proceed.
So I am – hi, Rachel and Travis and everybody.
Hi there. I am the president of Cobb's Creek Neighbors, who was the RCO responsible for helping to convene this meeting.
um and uh just want to reinforce um a couple things and also i had a question that i posed
in the q a which didn't come up in our meeting the other day so it's kind of a an additional
statement here but um for one thing uh we really only had about 29 people in attendance that
weren't you know hosts or our zoning committee or non -voting people um i think somebody said 40
earlier so i just wanted to clarify there and um it's you know true most of the conversation was
about affordability and things that are outside of the scope of zoning anyway. However, we have
also been getting a lot of direct messages and emails and calls saying that a lot of folks didn't
get the notice until after the meeting. That's in the 250 -foot radius. It was promoted on Facebook
and on our social media and through the different RCOs in the community. And Rachel and Travis
pre -recorded a presentation for us, which was very helpful. But again, while in the past,
maybe sending out the notices hasn't yielded a great turnout, we're dealing with a mostly aging
community and a lot of folks that are going to be having a little bit of a hard time with new
technology because we're under different circumstances right now. So the reason for
asking for the continuance, you know, we do think that we would actually be able to get more people
out we've actually had some folks volunteer to distribute flyers which i know shouldn't necessarily
be our responsibility um but there are people that would like to participate and you know while they
may not understand the process as much as we at all would all hope um you know we still want to
be able to give more more folks the opportunity to um at least weigh in and see see what the plans
are even a lot of folks haven't actually seen the plans um so that's that but my question was
actually about and i don't know if this is a zoning question or not um but how would parking
on the side of the street impact the use and safety of the newly installed bike lane because
while there is a curb cut on the other side for the strip mall um the bike lane is only on this
side of the street the south side of the street where the proposal is for and i'm curious if there
are other instances of you know middle of the block curb cuts and how if any traffic studies
have been done about that to see if that's i guess justified or safe or warranted well i mean
speaking from experience where i live on 11th street there are curb cuts and there are bike
lanes uh that recently have been established uh there's lanes going north and south on 11th
uh my my guess is and planning commission will speak to this that if if it was within the city's
jurisdiction i suspect the planning commission would be opposed to a curb cut there i don't know
if that answers your question but yes there are places where there are many places where there
are bike lanes and you have curb cuts but are there are there state roads and main thoroughfares
with i mean well i'm not sure high rate of traffic as an i don't know is as j does anyone know if
jfk boulevard is a state route if it is there are curb cuts there i'm sure there are broad street
some on lehigh avenue but again that's a lot larger of a passenger and a lot of the curb cuts
are on the side streets of tulip and um trenton and stuff not directly or they're exist they've
been existing for a long long periods of time yeah and i don't think i don't think there's
going to be a an instance just like walnut street you know which is arterial from one side of the
city to the other with yeah decent rates of traffic but that i mean parking would well i'm
sure affect that as much too even on street parking washington avenue is having going to
Washington Avenue is having going to have the same issues.
have the same issues there are numerous
There are numerous curb cuts existing. In fact, we're going to have a,
we had a case last week, but we're going to have numerous curb cuts.
There's lots of residential development and there are bike lanes.
I mean, it's the, so it's happening in many areas of the city.
Ms. Morgano, I'm not dismissing your, your statement.
Do you believe that you'll be,
you would be able to get that many more participants?
and the reason i say and i don't mean to be disrespectful we recognized early on this board
and and staff that it was always going to be a challenge to do these virtual hearings because
many people do not have uh the the capability uh to be able to participate uh for one or another
so uh you know i mean i i can appreciate that i know um we've we've even had a continuance before
and you know again didn't get as many people out i think when when it's been a um large enough
project uh when people have enough advance notice i mean just the fact that folks have been calling
rachel and i both this week um i think indicates that there's obviously more interest than they
were given the opportunity to um respond to so i'm you know mostly asking because the extenuating
circumstances of covet on top of everything else um don't really make this a something that i think
you can point to previous examples really you know similarly too and as I said we also have
you know even just since then found some folks who would like to volunteer to get more people
you know to attend virtually and I managed all of the you know tech for the call the other day we
did have quite a few people show up but I think it was mentioned that the notices weren't sent
out until Friday and we also have the other extenuating circumstance of some mail actually
being delayed at this point too, which I guess is why some neighbor, you know, a couple of
neighbors received it and a couple didn't. So again, I'm using all of that as an example of
this is not typical. Can I just ask, do you think that the conversation would be any different?
Because I appreciate you being honest in that it was mostly around affordability and diversity
inclusion. It wasn't necessarily about the curb cut or even the features of the project. So my
concern again would be to hold this off to have another meeting where we talked about you know
those those topics and like again said I don't want to be and consider those are very important
it just um we're only here for one refusal for a curb cut that again we have this hardship of
trying to obtain so that would just I would just want to know maybe your thoughts on that
uh I mean my I'm going to be pretty authentic and tell you you know that our time is valuable
in different ways, obviously. And so, you know, part of our problem, of course, is that there is
a lot of, for lack of a better word, ignorance around the process in general. So even though
the specific request, that, you know, the specific refusal is not really something,
how do I put this? I know that the project is by right one way or the other, and the refusal is
just for the curb cut um but it's a i'm asking almost like for a personal uh request here that
we allow people to be involved in a process even if they don't quite understand it because we're
trying to get people to understand it more do you think we could get something together in the next
two weeks so that we could at least provide something to the board like i'm not opposed
to meeting again as long as like we're under the same terms of like yeah yeah i think that's fine
because the other thing is yeah the other you know part of the reason I did it like this as a
webinar instead of a meeting was because we didn't want a cacophony of people that don't understand
the process to dominate the whole thing I mean some of it is education really which I know is
a lot to ask you for the continuance but this is going to be coming up a lot more and we're going
to see each other probably a lot more so why can't why why couldn't we not do this rather than
the board as i think i suggested earlier about holding this for a discussion and voting on it
next wednesday we do it the following week is that a we can do that tanya as opposed we can
hold it for two weeks yes works for us right sharon yes the only um condition being that
if the if anything new is submitted there will have to be another hearing
again because it's only the curb cut and i respect miss morgana what you're what you know
you're asking us but i'd hate to see a project like this get held up for many more months
yeah i don't think months i mean it's fresh in people's minds but no but the scheduling
we don't know when the continuance date could be out a month two months from now
i mean we just can't continue them uh there's a schedule which miss miss sunkins can speak to
I don't know what the next continuance date is.
Well, if it would have to be continued, I would work with Rachel for a date.
If it would have to be continued, I would work with Rachel for a date that works for her schedule.
Yeah, I mean, I would hate to have this continued, truthfully.
I would rather have it voted on and held for another RCO letter than have to continue something.
So, Ms. Morgana, without putting too much pressure on you, if the board decides to take this under discussion, rather than vote it out next Wednesday, the 29th, we would hold the vote until Wednesday, August 5th.
that gives you two weeks um i mean that's better than something happening today
we said that earlier we're going to do a week but now right uh two weeks would be great especially
you know if we are i don't know if we're relying on mail again or not but that would give i i would
hope not because of the we spent a significant time trying to get that out and then we sent out
169 and if that didn't work i don't want to come back and have that so if you guys are willing to
flyer i'm willing to provide you with any information um you know any of the plans and
anything you need to to be successful in doing that so the two of you can can discuss that work
the details out okay thank you all right can i just raise a point of information chair or just
just just ask a quick question yes um if after this meeting there are neighbors who you know are
in the 250 foot vicinity and if they have concerns will they be willing to bring those forth on the
5th before this board i guess only if they pertain to
parking right yes only if it pertains to the parking correct
thanks okay all right thank you all uh i took a little bit of time but i think
we're in a place where we can all uh planning commission would like to go on
record on this i'm getting ready questions from the
board planning commission yes as the board
knows the standing policy of the city planning commission is not to
support front -loaded parking negatively affecting
functional street safety therefore in this particular case we
support the granting of the barriers thank you
calendar number three nine eight two eight five two three zero
walnut street uh this will be held this matter will be held for discussion
in our executive session on wednesday morning
august the 5th can i just wear my uh have my client affirm my testimony oh i'm sorry yeah
please do travis um have you heard my testimony and do you adopt it as your own
yes and yes thank you thank you thank you all thank you miss thank you appreciate it thank
you thank you thank you thank you mr folks what was it okay calendar number three nine
309 1505
Tioga Street
the eternal
the attorney happens to be
the eternal Rachel Pritzker
is that my new nickname
I kind of like that
I know gosh
do you agree to waive the reading of this refusal
and stipulate to its accuracy
name and address
spell your name for the stenographer
Rachel Pritzker
R -A -C -H -A -E -L
Pritzker P -R -I -T -Z -K -E -R
Pritzker Law Group 1635 Market Suite 1600 Philadelphia PA 19103 and I am the attorney
for the owners who should be here with me today Rahat Kamal and Justin John are they here
Rachel you have to be sworn and you swear to tell the truth and nothing but the truth
Yes. And there is in this case also an RCO issue that I believe Rachel is going to address first
and that the planning commission has a position on. Yes. So we met with, but this, this was filed
back in November of 2019. We did meet with the RCO, which was the Tioga, it was Tioga United,
I believe um we did the RCO meeting and um they said that because we didn't have five neighbors
there there was like a there's a council policy now in that district if you don't have five
neighbors directly neighbors there who are in support of the project that you can't take a vote
I think there was also some uh concerns uh and confusion uh on the process so we had agreed
originally to come back and meet with them at their request and this and with the council office
as to why we continued this originally.
They then, we weren't able to get in contact
with anybody for months.
I submitted documentation of our outreach
to both the RCO and the council office.
The council office just got back to me this morning
saying that they don't have a new president yet,
but that everything was going
through the council office for right now.
We have letters of support from the near neighbors.
So I don't believe that we're in violation
don't believe that we're in violation of any of the procedural requirements or that there really
of any of the procedural requirements.
is opposition to this case. So we'd like to move forward and provide that testimony and evidence.
And I don't know that the council office is in disagreement with that either.
I have Charles Richardson. Was someone from the planning commission going to speak to this as well?
So we would like to note that the filing for this was before the city shut down and the emergency regulations do not apply for the RCO meetings.
The applicant had previously met with the RCO and we feel that the code was met.
okay uh this is charles richardson from councilwoman bass's office r -i -c -h -a -r -d -s -o -n
actually uh want to clarify yes i need to swear you and you swear for him to tell the truth the
whole truth and nothing but the truth i do thank you charles okay i want to clarify what it was i
had sent to rachel this morning we actually heard back from because we've been trying to get
information from tayoga united with regard to who their uh rco chair was uh the rco chair that they
originally had back when the the case took place resigned and then they appointed someone else and
they resigned in february and just as the the pandemic took place that's when everything went
into radio silence we just heard back from tayoga united from uh verna tyner who was the president
of the organization, that they now have a new RCO chair named Charisma Presley, and what the
message actually said was her husband is having emergency surgery at this time, so I will,
meaning Verna Tyner will be the person who should receive anything for the RCO at this time,
you know, for now, but they identify Veronica Holman as the second in charge, and they have
two other individuals, David Smith and Bakim Devine, who will be working on the RCO as well.
So they've been having some governance issues from what I understand, but as far as of today,
they're now back up in running as far as that goes. So be that as it may, we do know that
they met with the RCO and they met with the RCO at the time. I'm sorry, we're getting a lot of noise.
Not me. Okay, I'm sorry. You can go. Can you hear me now? Yeah. Okay. Yes. And as it stands at this
point if they have support of the community as if from from the and from
Rachel has sent something a couple days ago showing some letters of people that
live on the block have no way of being able to corroborate that but if they
have the is the support we don't have any opposition but again they think you
know the RCO is now up and running so I you know I don't know if that has any
standing at this point. Rachel would you please share again
with us what it is you have from yeah yep let me share my screen
1502, 1503, 1507, 1512, 1514. That's what we did. The rest is, there's a lot of vacancy
on this block and this is a vacant structure that we're just looking to rehab into three units.
And we sent out you know 127 letters back when we met with them originally
and I don't recall during the hearing the RCO meeting that
there was any opposition to this. We did present two projects so we were there for quite some time.
okay and uh sorry
all right uh so is it safe to say uh rachel that the majority of people
on that block of tayoga street sent letters of support or non -opposition
on that block of Tioga Street sent letters of support or non -opposition? Yes, in addition to
the fact that the other homes, and I can go through which ones exactly, are already multi -family,
so our proposal was in line with the, you know, character of the block. Okay, all right.
Any further comment, Mr. Richardson? Not at this time, Mr. Chair. I think at this, yeah, I think
we'd like to vote this case is it's been around a long time and uh anyway we'll take it from there
any questions from the board planning commission yes a letter was submitted on june 9th to 2020
confirming that this application has completed the civic design review process recommended
recommendations from the committee there's no cdr for this ron yes correct no there was no cdr
it's three units i'm sorry it's okay then we have no objection okay thank you anyone else
wishes to testify in this do we have anyone else tanya
no i only see uh justin john who's a party to the case but that's it
Okay. Rachel, you conclude?
Yeah, I mean, I didn't really put on much. I just will explain that the refusals for multifamily and RSA 5 and that it fits in with the block. I would like to have Justin come on the record, if possible, just to...
Please, please do.
Okay, thank you.
Justin, are you... Go ahead.
Say your name, spell your last name and address on the record, please.
First name, my name is Justin John.
First name is Justin, J -U -S -C -I -N.
Last name is John, J -O -H -N.
I reside at 1330 North 31st Street, Philadelphia, PA, 19121.
Do you want to swear him in?
Mr. John, do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you.
Please proceed, Rachel.
Thank you.
Justin, I just wanted you to share, you know, did you and Rahat, the other owner, walk around to the adjacent homes to obtain support for this project?
Yes, we did.
And was the sentiment of the near neighbors in support of this project?
Yes, they were.
They were really happy that we wanted to do something with the vacant structure.
we also gave them our contact information so that if there was any
issues that came up through the potential construction phase that they
would have our personal access to to us to address any concerns I think with
that said you know my presentation is concluded unless the board has any
questions thank you mr. Richardson are you do you have any of the letters of
support from the 1500 block of west tayoga you may have testified to that i may have missed it
i emailed them okay he does have those i would like to yeah make sure he has them so that the
councilwoman can look through them okay charles you want to make sure you have them if not i can
re -forward them to you why don't you re -forward them anyway this way okay i i actually do have
them uh i do have the email that you sent a couple days ago okay wonderful all right calendar number
39309 1506 west tayoga street my vote is yes 1505 sorry pardon me oh i'm sorry calendar number 39309
1505 west tayoga my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes
thank you I'm sorry is this the last case coming up this is the last case
okay you want to I thought Washington Avenue is not on this list there's a
next list next list yes okay so why don't we take a
10 -minute break okay that work for everybody that way
because i know that's going to be a monthly
proceeding 10 minutes thank you sounds good
Oh, man, James Snell.
She's probably the smart one.
she's probably the smart one yes sir okay just wanted to make sure you were there yep tanya
you ready yes sure i'm ready sharon
sharon
for another minute we'll see oh
ready i was just scanning your vote sheets from the last session yes i'm ready
Okay. Here they go. The kids are in the background. I hear them. All right.
All right. Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the Zoning
Board of Adjustment. We have a quorum. I'm officially calling this session to order.
As you're probably aware, before I begin, I do this all the time. I'm sorry. Our solicitor is
with us, Ms. Sharon Saleta, and so is our board administrator, Ms. Tanya Sumkin.
As you're probably aware, today is our third day of holding virtual hearings.
While we may have to make some adjustments along the way, our plan is to call each case
and basically proceed as we would have in a live hearing.
We ask that attorneys for the applicants or other interested parties identify themselves
for the record when the case you'll be participating in is called.
We will then hear the applicant's presentation, followed by a presentation by attorneys representing other parties.
Interested parties and members of the public, not represented by council, will then be given an opportunity to testify.
We will ask that you limit your testimony to two minutes.
We will finally hear the recommendation of the planning commission.
at the hearing's conclusion
the board will either vote the matter
immediately or hold it for discussion
in executive session
any case held for
discussion will be voted
on the record at the
scheduled July 28th
morning session
morning session
excuse me
July 29th morning session
a couple of changes
related to the virtual format
we will be administering oaths to individual participants prior to their testimony
rather than to the room as a whole since we do not have a room.
Second, for the benefit of anyone participating by phone, this is important.
We ask that attorneys and witnesses identify themselves prior to speaking or testifying.
Third, we would like to advise everyone that this proceeding is being recorded
and that by participating you acknowledge your agreement to be recorded lastly i would ask if
anyone wishes to testify to please raise your hand so that miss sunkett will know that you're on that
you wish to testify will be able to uh patch it through and i believe it uh what was that number
tanya star nine was it if you wish to raise your hand and you contacted us via telephone star nine
will allow us to see that you raised your hand and if i could just add one other statement that
if you are here to testify and wish to be considered a party to the case there's a google
voice phone call number that you can call in and enter your parent's statement at 267 -270 -5548.
Thank you, Chair.
Tonya, would you repeat that number one more time for them?
Sure. It's 267 -270 -5548. That's a Google call in to enter your parents.
Thank you very much. With that, I'll ask the vice chair to please proceed.
Calendar number 39749 -6747 Castor Avenue. The attorney is Sean Whelan and David Ruffinidis.
Can I also mention... Did I actually say no? Strike everything I said.
At the 3 .30 session, calendar number 39749 -6747, Castor Avenue, that case is being continued.
Going forward into the 3 .30 case hearing, calendar number 39749 -2101, Washington Avenue,
the attorneys are Sean Whalen and David Orfanides.
okay before you gentlemen begin is there anyone else who wishes to have a case
continued please if you do if you do please raise your hand that's the only
If you do, please raise your hand.
That's the only case, isn't it?
And also, before beginning this one, this is a case that went through Civic Design Review,
so if that letter could be read into the record.
Do you have that, Carol?
I don't have that.
You can send it to us.
Or you can read it, Sharon, please.
No, I think actually the Planning Commission representative will read it.
Ron Bednar, are you here?
Well, let's proceed, and when Ron gets back, at some point.
I am back, and I will read the relevant components of the letter, but I'll state on the record
when the letter was dated and when it was submitted.
Thank you.
So, Sean has been promoted to panelists.
Is there another attorney that needs to come forward?
raise your hand. Thank you.
Ron will you be reading that letter now or at the end? I'll read it at the end.
Well I can read it now if you want. Yeah I think we might as well get that on the record early.
So you start by saying that
Okay. A letter was submitted on March 4th, 2020, confirming that the applicant completed the civic design review process with recommendations from the committee.
We had no further recommendations beyond the committee's action. However, I will read its major comments into the record.
This is, again, quoting from this letter of March 4th.
Like the RCO and the CDR, committee generally supported the proposal and provided the following comments.
The committee noted that the proposal was thoughtful and well, hold on a second, was thoughtful and well designed with respect to the materials chosen, fenestration, and green space, balcony screening, underground parking, and residential lobby.
The committee felt that the design created a visually interesting building and that the scale and massing was appropriate.
The committee commended the affordable housing component provided through a private agreement with SOSNA.
The committee agreed with the RCO's comment to add more diverse unit types and to add additional loading spaces, specifically near 21st Street retail space, to ensure loading activity did not disrupt the flow of traffic or pedestrians.
The committee recommended that the addition of sunscreens on the south -facing units that the team considered adding larger balconies for some units.
The committee also requested to incorporate staff recommendations, which included the following, considering impacts of vehicle and pedestrian and bicycle safety from the additional curb cut on both 21st Street and 22nd Street, and from loading in the right -of -way of the commercial space at 22nd Street and Washington Avenue.
Set the building back to provide additional sidewalk width and recess commercial entry doors,
add additional lighting from Washington Avenue to match the proposing renderings,
continue to work with the landscape architect to plant pallets, materials, maintenance plans,
and lighting proposals for the green space proposed
relocate the bicycle parking spaces that currently conflict
with the ramp to the underground parking therefore
again the primary commission is support of this application
and is an also support with the letter that was
submitted thank you
thank you thank you mr whalen do you agree to weigh the reading of this refusal and stipulate
Thank you.
Thank you.
Thank you, Ron.
Mr. Well.
to its accuracy again good afternoon sean whalen vintage law w h a l e n i'm here representing the
owner and applicant for this project and i do vice chairwoman as long as we're referring to
the amended refusal dated 2 -28 -2020. There are two corrections from the original refusal.
The original refusal did not require us to go to CDR, which we all knew that we had to,
and it had a miscalculation in the required number of parking spaces. Those were both
corrected on the 228 -2020 amended refusal. And I will stipulate to that accuracy and waive its
reading. Thank you. And do you swear to tell the whole truth and nothing but the truth?
I do. Thank you. Frank, it's all yours. Please proceed. All right. Thank you very much,
board members. I will share my screen because I'm sure you want to look at that and not me.
um well maybe maybe i just want to ask a question i'm sorry oh sure uh ron just read off a whole
list of issues that were somewhat being i guess suggestions or whatever is there anything on that
list that has or has not been addressed uh from design to the affordable housing to the loading
activities loading dock activity etc there is nothing that was not addressed with regard to
the cdr comments i will leave that more to the owner and the designer jose hernandez to discuss
however you know when we went to cdr this is i'm jumping the gun here a little bit this is the
culmination of about three and a half years of working on this project and when we got to cdr
we had had multiple meetings. I think we're over 30, maybe even up 40 meetings with various
stakeholders and city agencies and groups at this point. So most of what you'll see today had
already included everything that CDR had to say. And in fact, even for a project this large of
approximately 55 ,000 square feet lot area, we only went once because they were so pleased with
the product we are producing in Portlandville.
So with that, again, I will now share my screen.
Make sure you can see this.
So I can't see what you're seeing, but I just want to confirm that you see a rendering of
the proposed project
Frank you have to unmute yourself
yes okay all the board members and all the board members see there's any
board member that doesn't see I see it okay thank you very much so again this
is the previously the site of the chocolate factory
I think everyone was aware of it. It's the entire block from 21st Street to 22nd Street along
Washington Avenue and all the way back to Kimball Street. That is almost exactly 100 ,000 square feet
lot area that was 100 % lot coverage for the most recently, not the Chocolate Factory,
but colloquially known as the Chocolate Factory.
The image we just pulled up is from exhibit I in the package. This is from our CDR package
and what was presented to SOSNA and NOAC at the RCO meeting. You will see that we're here today
with regard to 2101 Washington. On here it's called Parcel B. 2101 Washington Avenue Parcel A
has previously been approved. That was for two rows of townhouses to mirror what was across
the street on Kimball Street and what was to the north, a very low -density
residential neighborhood up there. That is actually 2122 Kimball Street now,
if you're looking at that. And right across the street along Washington Avenue
is 2201 Washington, which also was brought before this board.
And that was the second piece we worked with this board on.
And that was the second piece we worked with this board on, and that has mixed -use commercial along Washington Avenue and, again, a row of townhouses along League Street in order to, again, mirror that lower -density residential neighborhood across the street.
this project is entirely zoned i2 and actually what you can see if you look over to the right
you will see two images in white that show and highlight kind of the size and scope of the
chocolate factory that was there unfortunately it was in such a unbelievably dilapidated condition
that it could not be saved and was imminently dangerous at the time my clients purchased it
So we have proceeded to take this off in bites and try to move forward.
So what you see here is, you know, approximately 2201 Washington Avenue was approximately 44 ,000 square feet.
We have relocated lot lines on the Chocolate Factory parcel to have the rear townhouses on parcel A is now 45 ,000 square feet.
And this front portion that we're talking about today, parcel B, you'll hear it referred to, is approximately 55 ,000 square feet.
So we were talking about the seminal property along this former industrial corridor in what is now a mixed -use residential neighborhood in a burgeoning, vibrant neighborhood in the city.
So just some site photos to walk you through. This is a picture looking at what the site
currently is. You see in the rear of the townhomes going up in the back along the
Kimball Street project. You can also see the townhomes to the left at the... if I use my
cursor does the board see what I'm using my cursor to highlight yes okay so the
project that we're talking about today would be on part proposed personal B
which is this frontage right here again just another image showing you what it
looks like going up 21st Street which is a one -way street coming south 22nd
Street is a one -way street going north. And what you will see and what I will describe
in more detail through our experts, we specifically designed this to have no curb
cuts on Washington Avenue. Washington Avenue, particularly on the north side here, is really
the height of this residential, walkable, bikeable rejuvenation of this Washington Avenue industrial
corridor and you can really see that we're we're working to keep that very wide very open
and so we actually for this huge project we still only have two curb cuts one along
22nd street which will be ingress so you'll circle traffic will flow up from washington avenue
right onto 22nd street and then out onto 21st street and back towards washington avenue
That was purposefully done for the reason of maintaining and protecting the, again, the neighborhood to the north, which we've attempted to do through all of our projects by having that townhouse buffer along the residential neighborhood.
So again, this is Washington Avenue. This is the corner of 22nd and Washington. And you can start to see where this would develop and how wide this sidewalk will be.
This project actually where Otis is in the middle of redefining Washington Avenue from a five -lane traffic highway, essentially, into more of a three -lane dedicated bike lanes and walkable street.
Chairman DeChico, you referred to this actually in the prior hearing.
So again, I'm happy to answer any questions the board may have with regard to this.
But here again, 2201, you can see the townhomes coming up in the background and, you know, the site is already cleared and the demolition has already taken place of the entire property, which was imminently dangerous.
here just a few sites of what was across what's actually we would be facing so it is still you
know resident industrial and commercial across the street but all of the proposed projects coming
along down the pipeline are continuing this transformative nature
down the pipeline are continuing this transformative nature of the
neighborhood up and down really the whole length of Washington Avenue to
turn it into a mixed -use residential and commercial neighborhood just the last
view here so I think that's this project as I said the so here you can just see
an over aerial overview this is the entirety of the the project
This back here is where the Kimball Street townhomes are in this frontage now is going to be where this project is.
Here's a zoning map of the much of the length of Washington and certainly everything applicable.
As you can see, everything is zoned I2 up and down both the north and south sides for all of the relevant properties here.
This I -2 parcel is also subject to three overlay districts, the Center City Overlay District, the West Washington Avenue Overlay District, and the Center City Overlay District.
and these are very notable and you'll hear from our expert land planner in a little bit more as
to why but the effect of these overlays is to preclude any permitted i2 use at the property
so even though we are zoned i2 the overlay is recognized in advance the changing and
transformative nature of this neighborhood into a non -industrial aspect and therefore
or, you know, made it such that medium industrial uses, heavy industrial uses, would not be permitted, even though it's still zoned I -2.
This is further, you know, seen by the Planning Commission's 2035 plan adopted for this area,
which actually recommends that the project, that this property, rather, be rezoned IRMX, so Industrial Residential Mixed Use.
And as you'll hear throughout the presentation and from our experts today, this entire project has been designed from the get -go as an IRMX project to be more commensurate with the neighborhood and in that line.
so i alluded to it earlier but this in all honesty i'm very excited to bring this i know
the entire design team is before you today because we really have had without including
meetings just with uh you know individual neighbors we've had at least over 30 meetings
that i'm aware of with regard to these three properties and what you're seeing today is the
product of countless revisions and the culmination of sort of the pinnacle of the vision of Washington
Avenue for years and decades going forward. So we have overwhelming support from the neighborhood
and the near neighbors. What I'm showing you now is the vote chart from the SOSNA letter that I
I know the board received, you know, overall, it was a 56 to nine vote in favor.
And SOSNA ultimately voted 50 to three in favor.
I will note that NOAC opposed one to five.
And as you already heard, CDR is very much in favor and the planning commission has no
further comments before CDR or beyond CDRs.
So I would assume that Planning Commission will also be in favor, but I'll let them speak to that.
So the project today is, here's a rendering of what it will look like.
Again, that first image that you saw in the site photos from 21st and Washington.
Instead of a dilapidated factory or the current vacant lot, this is what we hope you'll see in the not -too -distant future.
and I will allow our architect Jose Hernandez to go into more detail about the design but I just
thought it particularly poignant for you to see again we believe this to be the you know the
seminal property of this redesign and reinvigoration of Washington Avenue and really
trying to set the bar for decades and going forward as to what Washington Avenue can be
and should be. What I'm showing you now is we designed the project so there are two rows of
We designed the project so there are two rows of townhomes approved at Kimball Street. The second row of townhomes, instead of just being buried by a dry vial, we are actually League Street stops at 22nd Street.
townhomes approved at Kimball Street.
And in essence, what the designers have done here is continue it to increase this walkability.
This will be closed to all vehicular traffic, but it will be open to pedestrian traffic and basically make a new walkable green space and frontage for the Kimball Street townhomes and for the community at large.
And you'll also hear there are multiple roof decks and actually balconies both here and here.
one of which will be available to the public for additional green space.
So this is all part of the, you know, heightened focus on walkability.
Again, as you heard from CDR, our intention, and as CDR pointed out,
a real focus is on making walkable, safe pedestrian pathways and bikeable pathways,
which we've done by limiting, you know, a project of this size just down to one curb cut
on each of the numbered streets and particularly with having no curb cuts on Washington Avenue
and just as a separate aside you will have a private trash collection at you know for this
entire project. Mr. Whelan right now what are we looking at on the right are they the townhouses
the existing townhouses? So these townhouses right here on the right those are that's the
second row of townhouses that were approved on the washington avenue parcel a project that came
before you uh maybe 18 months ago now and further to the right would be a drive aisle another row
of townhomes and then kimball street so what we're we're basically standing if you're looking
at this rendering on view five you're standing essentially at 21st street looking down what
would be league street if league street continued so you know 22nd street's right here league street
is a vehicular access road across 22nd street but here we thought it appropriate to continue it
and increase the walkability and the overall green space um so you'll see we're looking west
yes we are looking west uh from 21st to 22nd
The overall project will be 256 apartments housed in the upper floors in this building
on the left.
There will be scroll back up.
This will be a CVS right here at the corner of 22nd and Washington and this corner right
here will be an Aldi supermarket at the corner of 21st and Washington. And then what you saw in
the middle is simply the access entryway for the apartments. Is that a typical size Aldi? Is it a
smaller boutique or is it, what is it? I believe it's a more of a urban model boutique, but I will
leave that to orify bush who's going to testify on behalf of the owner so right now what we're
looking at correct me from wrong on 21st street uh on washington avenue we're looking at the
northwest corner so no we are stand this this rendering is uh done as if you are standing on
the southeast corner of 21st and washington and you're looking at this would be the the northwest
corner of 21st and washington with the project going uh out to your left to the west and ending
at 22nd street the townhouses we spoke to are behind that on the right that correctly where
Right here are the rear of the Kimball Street previously approved townhomes.
That's okay. Thank you. Yeah. And just to be clear.
So similarly here, there are two rows of the Kimball Street townhouses.
This is Washington Avenue. Here's 22nd street going North.
And then this is the project, you know,
from the opposite corner um along washington avenue we're now on the southwest corner looking
at the northeast corner of 22nd and washington um going down so we tried to uh a big push for
So we tried to a big push for CDR and the planning commission staff when we met with them.
CDR and the planning commission staff.
And also SOSNA was massing purposes to divide these two buildings or this one large building into two buildings and sort of define them differently.
So you'll see and you'll hear Jose Hernandez testify to that to kind of activate that more to the eye and make people more interested.
Um, so, uh, what you don't see pictured here is there was an existing, um, underneath the
enormous, uh, you know, chocolate factory, there was an existing basement, um, and, you
know, an entire level, and we have, uh, worked that into a, um, underground parking.
And so I will, so here's an overall site that I wanted to show you.
This is 201 Washington.
This is the building that we're talking about today, or actually the two buildings separated
You know, 21st is over here, 22nd is here.
Here are the two rows of Kimball Street townhomes that you were looking at in the earlier rendering.
There's the zoning plan. So here's an image showing you the underground parking, which
you obviously can't see from the street. There will be one access point. This is 22nd Street
right here. This is Washington Avenue along the bottom, and this is 21st Street here.
So what you'll have is circulation coming off of Washington, turning up north on 22nd and turning right into the underground parking and then to exit when they're ready, they come up this one way ramp and they'll have to turn right onto 21st.
Again, that circulation was done in conjunction with the neighborhood in order to protect the lower density residential neighborhood to the north and keep the cars from flowing up and down those streets.
We are proposing 120 underground parking spaces.
As you can see, we max out the parking as much as available, given the constraints of the underground basement.
and we are also providing 100 vehicular bike spaces so we essentially have three categories
of three categories of refusals for this project can we go back to the parking
while it's fresh in my mind just a minute yes of course
parking dedicated to the residents or is there uh will that also be available to the people
who shop in aldi yes so um good question and again i'll leave this somewhat to uh mr feybush
for later the aldi is above i'll wait i'll wait if i have to no problem no no that's fine i can
give you a little taste of it. The Aldi is in this location. Aldi is having 40 dedicated spaces
to its use. That is approximately 9 to 9, 9 a .m. to 9 p .m. Those spaces will become available for
overnight parking then from 9 p .m. to 9 a .m. And the other 80 parking spaces will be available
for residential use.
Thank you.
So again, going back to the refusal, we have essentially three sets of refusals.
We purposely designed this, as I said, to match and mirror the IRMX zoning district,
which we deemed more appropriate given the change in neighborhood and given the 2035 plan.
So what you see is the first four refusals right here are all use refusals. The first one is for
having multifamily housing, which is not allowed in I -2. And the next three are for the describing
the commercial uses in CVS and Aldi which are not permitted in I2. So just by the way the code is
broken out it results in multiple refusals but this is really just you know one general refusal
for the commercial use which is not allowed in I2. And then what you can see is we have
we do not meet the offload off street loading requirement and the parking spaces we are
We are required under I2 to have 169 parking spaces. This is 128 parking spaces for dedicated residential use because I2, although it does not permit residential dwelling units, if you put multifamily residential dwelling units in an I2 zone, you're required under the code to have two to one parking.
required under I -2 to have 169 parking spaces.
and therefore that would require 128 parking spaces and the zoning examiner calculated that
we would need 41 parking spaces for the commercial uses that we proposed. Now if this were under
IRMX as we designed it we would need it's a 3 to 10 parking space ratio for the
multi -family residential, which is allowed, that would provide 77 or require rather 77
parking spaces. And actually under IRMX, we would be required to provide zero commercial parking
spaces. So we are, you know, again, we're somewhat constrained by the requirements and of the
existing underground basement, which we maxed out the parking as much as we could under there
to get to a number of 120 spaces but we're about halfway in between the number of spaces we'd need
for irmx and the number of spaces i2 requires so you know again if this if this property is an i2
or an irmx property as as we think it it rightly falls under we actually are providing additional
parking above and beyond what we would need. And what you'll hear from Mr.
Feibusch and you know in managing numerous properties similar to this you
know that there is a much lower ratio of use by tenants to actual parking in the
building. And so we believe that we're providing maybe not the number
necessary under I2 but more than ample parking and we believe that this
parking will even be open for leasing to the neighborhood. The loading refusal, you'll hear
more from our expert engineer, but essentially we have one serious loading bay for the Aldi
and their large trucks, which is on 22nd Street. They told us the size of the trucks that needed
to get in there. We declined to put in the additional loading bays that would be necessary
because that would significantly inhibit the walkability along the numbered streets.
And as CDR pointed out, that was a big push for CDR and the neighborhood was to maintain that
walkability and decrease the number of curb cuts. But we would have to significantly expand the curb
cut and the overall detriment to that walkability and bikeability of the neighborhood.
You know, moreover, we believe that since this is an I2 property on which all I2 uses are precluded by the overlay, you know, it would be odd for us to be held to the I2 standard for the loading bays when we can't actually use that number anyway.
so uh that concludes my early presentation um i'm happy to answer any questions or i'll i can
move right into uh calling my witness witnesses please unless any board members have any question
for mr whalen at this time seeing none let's go with the witnesses no all right uh i'm not sure
how to stop sharing. All right. So I stopped sharing my screen, but I'm happy to reshare
it if you have any questions about or want to see another image that I showed. All right.
Ms. Sanket, I'd like to call Ori Fibush, please.
Ori, if you're available, could you raise your hand?
Okay, Ori, you're available to speak.
All right.
Ori, if you could, state your name for the record and spell it.
You may be on mute.
well he's unmuted
Ori are you there
you just muted yourself back
stick the building
all right
a little levity helps
these days
it is an odd new normal
we're in
can you speak so we can know if you're here
you might be having audio problems
I will, in order to not prolong this any further, I will jump to Jose Hernandez from JKRP Architects.
Ms. Sunket, he should also be on the line.
Okay, he can unmute himself and speak.
Good afternoon, Jose Hernandez.
Jose Hernandez, will you please identify yourself in the records by your name for the stenographer?
Jose Hernandez, J -O -S -E -H -E -R -N -A -N -D -E -Z, Principal at JKRP Architects.
We're in a firm to tell the truth, the whole truth, and nothing but the truth?
Thank you. Please proceed.
Mr. Hernandez, before we get into your own testimony, did you hear all of the testimony that I just provided?
I have.
And is it true and correct to the best of your knowledge?
It is.
Would you adopt it as your own?
I would.
Thank you very much. So, Mr. Hernandez, you designed the project?
Correct.
And in order to speed this along, I don't believe there's any objection. I'd like to present Mr. Hernandez as an expert architect.
I'll take that. Thank you.
And one heck of a nice guy.
Okay. Mr. Hernandez, would you describe the overall design concepts in line with what the board heard from the CDR meeting and how we addressed what CDR wanted in our overall design?
So, as I mentioned on last week's call, I'm actually a resident of the area, so I'm very familiar with the location and the parcels, both 2101 and 2201, which we were part of.
And from the very beginning, our thought process was to create a project that would integrate into the neighborhood and obviously enhance Washington Avenue for what it currently is,
Utilizing the IRMX standard, we basically created a project that would, as Sean mentioned, would kind of transition from the lower scale neighborhood to what would be perceived as larger buildings along Washington Avenue.
taking into account the architecture and a bit of the history of what Washington Avenue was as an
industrial corridor. The architecture that we presented mimics that appearance in both scale
and in materiality. One of the crucial items that we wanted to do was actually knowing that
we were subdividing the 2101 parcel between townhomes and this larger development, it
was crucial for us to develop what we're calling the common walkway in between the projects.
In the presentation, and I'm not sure if you've looked at it, we actually retained a landscape
architect, Salt Design, who also designed the outdoor space for Chester A. Arthur, which
is in the neighborhood they created a beautiful concept in which integrates
walkable surfaces with green areas both at the lower level and at the upper
level and mr. Hernandez just let me because I'm going to give the screen
share back to the board you're describing all those league walk what
what I've just put on for the landscape architecture
and the upper balconies.
Sorry, go ahead and proceed.
I just wanted to give the image to the board
so that they could see what you were describing.
So yeah, so again, our goal was to make sure
that this project would have enough and ample space
in between to create a viable and vibrant walkway
to connect the two the two projects with regard scale is also very important for us to sort of
scale the building back so the the one story wall you see is obviously the back of some of the
commercial areas but then with the outdoor space above and then the volume of the apartment building
actually is about another um about another 20 some odd feet back from that location so that it would
create uh create an issue where would not create issue with any shadows or um
seemed like it was imposing over the townhomes.
seem like it was imposing over the townhomes
All right. Thank you, Mr. Hernandez. And would you, did you need,
did you think anything should be added with regard to the parking that I
already spoke to?
No, just as basically using, and so everyone understands,
we are actually building a parking garage larger than the footprint of our
building above and there was an image that showed a dotted line of what our building is so we're
actually maximizing underground parking to basically the extent of the building so you'll
see sort of the outline of the building our parking structure actually goes past that
we're in a process of coordinating some civil and civil information the parking again as Sean
mentioned, our thought was the number that we, the 120 number is the average of both the IRMX
requirement and the I2 requirement, which we think is more than sufficient for the project.
All right. And Mr. Hernandez, you designed the project. So what could we have, is this project
maxed out along what would have been allowed if we had tried to build the largest structure we
could with the most number of units no i right now we are at the both i2
irmx and cmx3 allowed a 500 far we're about um i believe we're 350 or 60 i
need to check the numbers exactly uh we're three we're 358 so we would
actually have allowable far um and if this was
uh irmx with the parking required we could actually maximize we can increase
our unit count and increase our building volume. Okay, thank you. And you also, did you have
anything to add with regard to the loading spaces and the Aldi bay that I described?
No, other than we've been working hand in hand with Aldi to understand their requirements. And
from the very beginning, their loading dock has been integral to our plan. Having it on the side
that it is would allow it to enter into the building, their space, and actually come out
with our exiting ramp. So it's tied together. It works well with their plan. And with regards to
the overall loading, it's the only requirement. So the one loading dock that we chose was based
off of their need. Okay. And are you familiar with the loading needs of CVS? CVS does not
utilize a loading dock. They are pallet driven, so they will drop towards on 22nd Street. One
thing to point out also that was brought up, 22nd Street from, I'm not sure where it starts,
but has been repaved and similar to the plan that is being presented for
reduction in lane and bicycle lanes on Washington Avenue occurs on 22nd Street.
The bicycle lane has been shifted from what would be the east side of 22nd Street to now to the west
side of 22nd Street. So that bike path is uninterrupted and actually has a parking buffer
in between uh so parking uh riding a bike along north along 22nd will not be impeded by any of
the loading or ramps that are on for this building but perfect meeting the cdr requirement that we
uh we look at that right right okay um and how about are you familiar with and how did you design
any kind of loading or moving in or moving out for the the apartment use so
the plan you're looking at illustrates three elevators so as you and as you
ramp down the height of the the height of the part the garage area would
accommodate a small moving van so you would be able to pull in to a
designated loading area and then actually access one of the central elevators to get up into the
unit. The way that the Aldi space works is the elevator on the right is dedicated solely for
underground parking to the first level of the Aldi only. So if you park in one of their spaces,
you can have direct access from the parking garage to the Aldi. And then again, the elevator
is large enough to accommodate carts. So you can actually bring your groceries up and down
from parking level into the Audi okay that's all I have for you mr. Hernandez
That's all I have for you, Mr. Hernandez, unless there was any final comments that you wanted to make.
unless there was any final comments that you wanted to make
That's it.
I have a question or a couple questions, actually.
And if you don't know the answer, it's fine.
Mr. Hernandez, are you familiar with the parking garage that is located within the footprint of the apartment buildings that were built up Broad and Washington Avenue that has the retail spaces for Sprouts?
uh target there's a liquor store chase bank and uh pet pet supplies or something are you familiar
with that if you're linking lincoln square the it's an above above grade parking structure
yes do you are you familiar with the number of spaces they have uh i am not familiar it's a
it's a multi -level um parking space um i'm not familiar with the overall count and i am familiar
with with the project okay i just the reason i asked i'm just trying to see if it's apples to
apples here. I mean, they have more retail, obviously, than this project has, and fewer
residential units. If I recall correctly, Lincoln Square, I think, has a little over 300 residential
units, in addition to the other retail establishments that I just mentioned. Okay, you don't have
it. It's fine. I just was curious.
clarification that this project has 247 residential units so it's it's a bit smaller
than lincoln square if those are the i recognize that yes okay yep all right thank you very much
mr hernandez um all right now i believe miss sunk pet that uh mr fey bush is ready he jumped on just
using the phone number. So the last four digits should be 1651.
Hey, good evening, everyone. Ori Feibusch. Sorry about that. I can hear you, but
please identify yourself for the record. Spell your name, please.
Sure. Ori Feibusch, first name O -R -I, last name Eifson Frank, E -I -B -U -S -H, and my office address
is 1936 Washington Avenue.
Fybush, do you swear and affirm that the testimony you give
is true to the best of your ability?
Thank you.
All right.
Mr. Fybush, if we can start, you're here on behalf of the owner
and also in a dual role on behalf of OCF Realty.
Is that correct?
That is correct.
And unless there are any objections,
I'm happy to walk Mr. Fybush through his qualifications,
but I would offer him as an expert in real estate development.
I personally don't have any problems stipulating to that unless anyone on the
board does. I mean, Mr. Fybush is no stranger to this board.
No problem.
Okay. In that case, I would so present him.
and Mr. Feibusch just before you know last preliminary did you hear all of the testimony
that I provided? I did. And would you adopt it as your own? Yes I would. Thank you very much.
So Mr. Feibusch I guess if we could just quickly we'll address the chairman's question first.
Are you familiar with the Lincoln Square project?
As a customer, no direct involvement, but certainly have shopped and visited many times.
Do you have any knowledge, and it's obviously fine if you don't, about the number of parking spaces at Lincoln Square?
I don't.
One other question.
Aldi's, in terms of square footage, how does that compare to Sprouts?
i believe they're similar i can speak that aldi is about 22 000 square feet and uh that the
sprout seems to be of a similar footprint the target is substantially larger than than both
but i do believe we're comparable in size to the sprouts okay thank you all right yeah now mr
feibusch kind of going back to the beginning here um you know i defined uh this project as
kind of the culmination of not only the city's vision, but really of your personal vision. Would
that be fair? Absolutely. Every developer, myself included, presents each and every one of our
projects as, you know, the groundbreaking, revolutionary, you know, an opportunity to
transform a neighborhood. This is truly the first project that my organization has ever had an
opportunity to participate in that really will transform Washington Avenue, the Graduate Hospital
neighborhood to the north and Point Breeze to the south in just a profound and positive way.
All right. And, you know, how would you describe the overall
And how would you describe the overall design and walkability and focus on Washington Avenue?
So we focus this entire project on the pedestrian and customer experience here.
So unlike Lincoln Square, which is a great project but has quite a few differences to this project here, all of our parking is below grade.
The entirety of our first floor is committed to retail, commercial space.
and public green space in the rear with all of our apartments above.
It was very important for us to really engage the streetscape on 21st, on 22nd, and on Washington Avenue.
And kudos to our architectural design team.
We gave them a very complicated project, and they've really pulled through in accomplishing the requests,
the desires, and the hopes of the neighborhood groups and the immediate neighbors, and certainly my own as well.
Mr. Feibus, you have a private trash collection, correct?
We do. Yes. Okay. And now I'll go ahead.
I was just going to share the commercial tenants are responsible for their own trash collection.
And we'll obviously coordinate the hours with both our residents and neighbors in the area.
And then we'll be responsible for the trash collection within the building itself.
It'll have private trash collection off of both 21st and 22nd.
Okay. And you heard a lot of testimony, both from me and Mr. Hernandez,
with regard to the number of parking spaces provided.
Obviously, we attempted to maximize that
given the size and scale of what we had
as the underground basement that was existing.
In your expert opinion,
do you believe we're providing enough parking
for this project and even additional parking
beyond what is necessary to meet the needs of this project?
Sure, which is one small point of clarification.
then I'll answer your question. The existing or former basement that was
within the Chocolate Factory has been fully demolished. We're proposing to pour
a new underground parking garage which will occupy 100 % of our below grade
square footage here. So there's no additional space that could or would be
available if we went beyond the former footprint of the building. This is going
to be a new parking garage, which occupies 100 % of both our commercial footprint and our green
footprint behind it. With respect to my experience managing apartments in this neighborhood in
particular, a vast majority of our tenants, specifically 80 to 85 % of them, do not own a
vehicle, do not have an interest in paying to park, and utilize public transportation and
opportunities to walk into Center City for work here. These are generally
upwardly mobile tenants who work and shop and participate in all the
activities that Center City and this neighborhood has to offer and don't
depend on a vehicle. So in this building, as in many of the other buildings we put
up in this neighborhood, our expectation is that these parking spaces will
ultimately be granted to the general public and not to our tenants within the building.
And now, Mr. Feibusch, with regard to the loading spaces, the loading bay that we were describing,
do you also believe in line with what I already testified to and Mr. Hernandez testified about
that our one proposed loading bay is more than sufficient and protects the pedestrian right -of -way?
Very much the case. So I don't know a lot about the commercial loading and relied on the experts and the engineers at both Aldi and CVS to dictate what may be required for their respective spaces.
This was designed exclusively around their requirements, their specifications, their truck length here.
But certainly we do not need truck loading for our residential apartments here and believe that the loading zone that exists off the 21st Street is sufficient for all of the needs of this building.
Okay. And now, Mr. Feibusch, as you've been one of the primary drivers and developers in the change of this neighborhood, would you quickly describe for us what you've seen as the transformation of Washington Avenue over the last 5, 10, 15 years?
Sure. Washington Avenue historically was an industrial thoroughfare. Anyone who's had the misfortune of trying to walk across it has experienced having to dodge forklifts and trucks and loading and unloading of a host of industrial raw materials and finished goods.
Over the last few years and going into the next several years here, there's a lot of hope and excitement that I certainly share where Washington Avenue has become a much more pedestrian scale corridor here.
where Washington Avenue is going to become a much more pedestrian -scale corridor here.
So the repaving and the redrawing of the bicycle lanes and the street lanes,
which are ongoing or beginning from Otis,
in conjunction with all of the proposed developments on the north side of Washington Avenue
and the south side of Washington Avenue,
is going to completely transform Washington Avenue from Broad Street all the way to Schuylkill Avenue
over the coming few years here.
This piece here at the Chocolate Factory.
Mr. Fibers, just let me interrupt you real quick, because I think this is relevant.
What you just started describing was the north side of Washington.
I know that you had an exhibit showing multicolors about the north side of Washington.
And I just want to let you know, unfortunately, you couldn't see this on Zoom, but I know you're familiar with the exhibit since you created it.
I just put it up for the review by the zoning board members.
So if you want to describe what you create.
Sure, absolutely. And forgive, so I'm both not technologically savvy and also a pretty poor artist here. The areas that I highlighted in blue are already approved projects that have no curb cuts along Washington Avenue that really engage the streetscape in a meaningful way with vibrant, active, direct use to prospective pedestrians and customers.
The blue areas, excuse me, the purple areas are areas that the properties that my office owns or manages, with the middle purple section there being the project in question here.
There's only two pieces absent the chocolate factory parcel that's before you today that still have an undetermined future.
One is 2301 Washington to our immediate west that we're hopeful of but can't obviously speak to yet.
not having any curb cuts along Washington Avenue, and then the little area to our right here at the
black section is a project that went before the zoning board just last week. But absent those
two projects, I can speak definitively to a perfectly intact Washington Avenue from Broad
Street all the way to Schuylkill Avenue over the next several years, and we're thrilled and
fortunate to be playing a small part in that. I have a question about that. I'm looking at
this diagram.
Are you suggesting, Ori, that
AutoZone, the Marine
Club, which currently has curb cuts off of Washington Avenue,
or let me start again. Are you suggesting
that AutoZone, I'm trying to think of the other
builders, not CNR. You're referring, forgive me for
interrupting you uh chairman chico uh you're referring to the south side of washington avenue
which has uh different considerations and that i can't speak definitively to this is the north side
uh that we're referring to here where the bicycle lane and the pedestrian thoroughfare has really
been focused on with otis okay yeah so we're referring specifically to the north side of
washington avenue you are correct that the south side does lag quite a bit from the north side
all right now mr feybush uh obviously we're we're proposing a large project but this is a hundred
thousand square foot project that we were trying to take off in bites um and and you could have
actually built an even much much larger in scale project uh at this site but chose not to could
you walk us through the determination for that? Sure. So my office and I are hyperlocal. We live
in a neighborhood. We sit on board positions and participate in countless community efforts
and organizations to revitalize both Washington Avenue and the Graduate Hospital neighborhood.
And we're not tone deaf. We've been listening for years and years and years as to what the
community wants to see here. And we're just fortunate to be in a position where we're able
to play our small part of helping to bring it to fruition here.
So we have a real good pulse.
I hope we have a real good pulse of what this community needs and wants.
And I think the heavy support that we've received both from the city and from stakeholders here
really speaks to that.
But this project was designed with every neighbor in mind.
I mean, we met in living rooms, in my office, at SOSMA's offices time and time and time
again and that designed this project and redesigned and redesigned it until
everyone was not just satisfied but that everyone was excited and happy about
what was before them here so that this is truly the definition of design by
collaboration and design by consensus and the end result is something that I
very much am proud of and very much believe that both neighbors and
customers will be proud of for years to come all right well thank you mr.
All right. Well, thank you, Mr. Feibusch. That concludes everything I have for you.
Mr. Feibus, that concludes everything I have for you.
Ms. Sunket, if I may, I'd like to call Rhett Chaliberty.
Before we do that, board members have any questions for Mr. Feibusch?
Thank you. Please proceed, Mr. Whelan.
Sorry, Mr. Chairman. Ms. Sunket, I'd like to call Mr. Chaliberty.
Okay, I would ask that if all your witnesses could raise their hand so I can identify them and allow them to speak.
All right.
These are witnesses in support of or connected to the project, not Protestants.
Chair, we have quite a few hands up.
I would say 10, 11 hands.
okay i i still have uh three witnesses all of which will be uh short i i have our engineer
a land planner and then i have uh miss atiyah grooms uh which would be very brief i'm not sure
who the other participants are in support i assume just near neighbors
call your next witness yeah miss sunket um are you seeing ret chileberti on the phone
or on the uh yeah if you could please call him
right you're here you're available to speak can you hear me yes we can right all right great
Hello, everyone.
Mr. Chilliberti, please identify yourself, spell your name for the stenographer.
Rhett Chilliberti.
That's R -H -E -T -T -C -H -I -L -I -B as in boy, E -R -T -I.
With Mazer Consulting, and we're 1500 JFK Boulevard, Suite 222.
You swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
Thank you.
Thank you, Chairman. Mr. Chilliberti, you are the project engineer for this project, correct?
Yes, that's correct.
Okay. And if no one has any objections from the board, I would like to present Mr. Chilliberti as an expert witness as an engineer.
Understood. Thank you.
And Mr. Chilliberti, did you hear all the testimony that I presented earlier today?
Yes, I did.
And is it true and correct to the best of your knowledge?
Yes, it is.
And would you adopt it as your own?
Yes, I would adopt it as my own.
All right.
So obviously, Mr. Chilberti, there's been a lot of testimony thus far.
Please just let me know anything in addition that you'd like to add, particularly with regard to the parking or loading refusals, as you think appropriate.
Sure. As far as the loading goes, you know, the required loading is certainly driven by the current zoning district. And, you know, as you had mentioned before, the loading space for the Aldi is adequate for that, you know, space and size of that use.
all right thank you and uh how about the regular parking do you have anything additional to add
with regard to the regular parking i do not other than that you know it is it is adequate
all right uh thank you very much that's all i have board members unless anyone has any
questions for mr chileberti questions from board members please proceed next witness thank you
Mr. Chilaberti. All right. Ms. Sunketa, I'd like to call Nancy Templeton.
I understand she's also on via Zoom. She's available to speak.
Ms. Templeton, are you there? I am. Can you hear me? Yes. Ms. Templeton, please identify
yourself with the records. Spell your name for the stenographer, please. Yes. Hello. I'm Nancy
Nancy Templeton, N -A -N -C -Y -T -E -M -P -L -E -T -O -N, with CH Planning at 1520 Locust Street.
Thank you.
Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you.
Please proceed, Mr. Whelan.
Thank you, Ms. Templeton.
And if the board is acceptable to it, I have screen shared an exhibit that was already provided, which is the expert land planning report from Ms. Templeton with regard to this matter.
And I'm happy to walk through her credentials, but otherwise I would offer Ms. Templeton as an expert land planner.
Let's stipulate to that.
Thank you very much.
uh miss templeton you were asked to provide an expert land planning report for this matter
yes and uh actually i guess i should say in advance of that
Yes. And actually, I guess I should say in advance of that as a preliminary,
you heard all of the testimony that I provided earlier today? I did. And do you believe it to
be true and correct to the best of your knowledge? I do. And would you also adopt it as your own?
I would. In that sense, unless you believe it necessary, I will skip through, you know,
the background or preliminaries with you, obviously to it as you deem necessary. But
if we jump to your conclusion, what is your conclusion with regard to your expert land
planning conclusion with regard to this project? Well, ultimately, and I think we've heard a lot
about how the corridor has transitioned and is transitioning to more residential and mixed use.
And frankly, the I -2 zoning is outdated and inappropriate, and any uses that would be permitted are not appropriate or compatible with the existing neighborhood.
And in fact, I think both the planning commission and their central district plan and the Philadelphia Industrial Development Corporation have confirmed that this corridor just is not suitable for further industrial growth and that it's more of a transition to more commercial and mixed use areas.
And in fact, in the central district plan, the planning commission has proposed residential mixed use specifically for the site and a change in zoning to IRMX, in which case the proposed plan does meet all of the IRMX zoning requirements.
And in fact, generally, the proposed plan is far more compatible and beneficial to the neighborhood than what would be permitted under the I -2 zoning.
Okay. Thank you, Ms. Templeton.
And did you find, did you conclude that there were any detrimental aspects in your opinion
with regard to this plan? No, only, you know, I think instead of detrimental,
more beneficial than what would be permitted under the existing zoning.
Thank you. And I appreciate the correction.
And therefore, you believe that in your expert opinion that this project satisfies the
requirements for a variance yes i do thank you very much um i will offer miss templeton up for
any uh questions by the board members any questions from the board member any board member
seeing none let's move on to the next witness no all right my my final witness today is uh miss
Ms. Sunket is Ms. Atiyah Grooms.
I believe she called in on her phone,
which should end in 0121.
Ms. Atiyah, you can unmute yourself
and you should be able to speak.
Yes, I'm here.
Yes, I'm Atiyah Grooms.
Ms. Grooms, could you spell your name for the record?
Yes, Atiyah, A -T -I -Y -A, Grooms, G -R -O -O, M as in man, E -S.
All right, and Chairman DiDico, would you like to...
Ms. Grooms, you identified yourself, but do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you.
All right. Ms. Grooms, did you hear the testimony that I presented today?
Do you believe it to be true and correct to the best of your knowledge?
And would you adopt it as your own?
I would.
Now, Ms. Grooms, you had the responsibility of providing all the required notice under the code for this project, correct?
And you met all of the code requirements under the original application, the amended refusal for CDR and for the original RCO meetings, correct?
Correct.
And also, again, for the original ZBA meeting, which was to be held back on April 8th?
And did you also meet all of the code requirements for any notice to be served for this rescheduled hearing?
Yes, I did.
Thank you very much, Ms. Grooms.
Unless the board has any questions, I have nothing further for Ms. Grooms.
Does the board have any questions for Mr. Whalen at this time?
Seeing none.
With that, I would conclude my initial presentation just saying that I would only call any other witnesses, the same witnesses back in rebuttal if necessary.
and um you know again we're all kind of learning with regard to um you know this process uh mr
you know, this process. Mr. Orphanides was listed as an attorney in the beginning.
orphanetes was
I am the attorney for the owner and the applicant. I will let Mr. Orphanides speak for himself,
but I understand that he is appearing as the attorney for an opposition party today. So we
are not co -counsel, but rather in adversarial counsel, so to speak here. But I do understand
that there are other people to speak and support. So I will conclude at this time. Thank you very
much. Thank you. I would ask those who are waiting to testify. I would ask only those who are in
support to raise your hand at this time. We will get to those who are opposed once we complete
the testimony of those who are in favor. So if you're not in favor of this, please
remove your hand at this time we will get back to you and that way Tanya hopefully will be able to
get a summary from each person if you're in favor of this your name and address
identify yourself please and be as brief as you could we'd appreciate it thank you
Ivan, you have been unmuted and you are available to speak now.
Ivan Tancredi, you can unmute yourself to speak.
David Hall, you can unmute yourself and speak.
Oh, I'm sorry.
Can you hear me now?
Yeah, Mr. Tancredi.
Please identify yourself with a record.
Spell your name for the stenographer, please.
Ivan Tancredi.
I -V -A -N -T -A -N -C -R -E -D -I.
Mr. Tancredi, do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
thank you please proceed my name is Ivan Tancredi I represent Washington Avenue
Property Owners Association I've been I owned 2100 Washington Avenue since the
early 80s on a personal note Washington Avenue needed this project it's about
time that this project is come to fruition representing Washington Avenue
Property Owners Association we're all in favor of the project as presented by the
lawyer and the architect. Thank you very much. Thank you for your patience. Thank
Eric you have been allowed to speak if you wish to unmute you.
hi can you hear me
yes we can okay great name and address for the record spell your name for the stenographer
please sure my name is eric gertschberg that's e -r -i -c -g -e -r -c -h -b like boy e -r -g
my address is 2432 carpenter street philadelphia yes i'm sorry mr gertschberg do you swear and
a firm to tell the truth, the whole truth, and nothing but the truth? I do, yes. Sorry I didn't
interrupt. Please proceed. Not a problem. So I just wanted to, you know, voice my support. I'm
a new resident of the neighborhood, and I've been in preparation coming to a lot of the community
meetings, because I know that this is a big draw for me personally, for wanting to be in this
neighborhood. And I just kind of wanted to, you know, see it through and make sure that it is
going to come to fruition and just very excited about it thank you and welcome to the neighborhood
thank you so much
steven you can unmute yourself and speak hi good uh good afternoon
this is uh steven zellinger i'm a resident at 2106 catherine street mr zellinger would please
spell your name for the stenographer sure steven s -t -e v as in victor e -n zellinger z as in zebra
e -l -i -n -g -e -r mr zellinger do you swear and affirm to tell the truth the whole truth and
nothing but the truth yes i do proceed yes i just wanted to voice my support for the project i'm a
15 16 year resident of the neighborhood and i think i've been waiting a long time for more
Um, and I think I've been waiting a long time for more development, um, and more things
development.
to do along Washington Avenue.
I think having, you know, a full block retail on the first floor would open up a lot of
options.
I think, you know, a lot of people in the neighborhood regularly say that they have
to walk too far to, uh, some of the things that they want to do and have to go to Ritten
House Square to do things.
We just like to have more, more, uh, shopping and dining options along there.
And I think this would add to Washington Avenue development and the plan that we're trying to seek with is more retail and pedestrian friendly things to do along there.
So it's not just a highway with with cars blasting through the through the area.
So I'm in full support of the project.
What a true urban experience.
OK, thank you. Appreciate your time.
Thank you.
Murray Spencer you're allowed to speak now
Hi Murray Spencer from SOSNA SOSNA Zoning Board SOSNA Zoning Committee
Murray would you please spell your name for the record
M -U -R -R -A -Y Murray Spencer S -P -E -N -C -E -R
Mr. Spencer, you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
So on behalf of SOSNA, we enthusiastically support this project.
We like the process that it took to get to this project, this building, the architecture.
We like all of it.
We especially like the underground parking.
As someone said earlier, we've learned from the things that we don't like about Lincoln Square.
They've all been incorporated into this project. We like the fact that there's a
community benefits agreement that includes affordable housing.
And on behalf of the SOSNA, again, board, the zoning committee, the architecture review committee,
And most of all of the community, there's probably a little opposition, I'm not sure who that might be, but the majority of the community is in support of this project.
Thank you, sir. Appreciate your time.
Thank you.
Brian Lawson, you can unmute yourself and speak.
hi my name is brian lawson um i live at 1026 south 22nd street and the spelling the name is
b -r -i -a -n -l -a -w -s -o -n and i want to mr lawson you swear and affirm to tell the truth the whole
truth and nothing but the truth i do thank you i just want to say as someone who is directly
across the streets from this project um for over the last two years uh the ocf teams have been
meeting with the near neighbors both on kimball and league street and 20 along 22nd street um
even to the extent of you know we have a couple facebook pages that we have built set up to be
able to get direct messages to ocf and their teams regarding any issues we're having with the
projects and just the amount of time they've spent with those of us that are really directly
impacted initially by the construction phase of this project and also looking forward to what
it's going to be. I just want to say they've done an exceptional job of being available
and very responsive and again I'm in full support of this project. Thank you Mr. Lawson for your
time and your comments. Thank you. Loretta, you can unmute yourself and speak.
Hello, I'm Loretta Tague. That's spelled L -O -R -E -T -T -A -T -A -G -U -E.
Ms. Tague, do you swear and affirm to tell the truth, the whole truth and nothing but the truth?
Would you give us your address, please?
Yes, I live at 2127 Oakford Street, so basically the same block, several blocks south of Washington.
And I, yes, sorry, did you have another, I think I interrupted you.
No, no, I'm saying thank you.
I'm sorry.
And I just wanted to say that I've lived in the neighborhood for 14 years.
um up to um about five years ago I lived north of Washington and now I'm south of Washington and I
walk a lot across Washington Avenue and have been delighted for example by seeing some development
that includes the OCAF office and especially the new um brewery that I can't remember its name
brewery that I can't remember its name right now, but it's always delightful to see, you know,
right now, but it's always delightful to see, you know, sort of pedestrian activity.
sort of pedestrian activity around there. And I look forward to having a nice supermarket like
Aldi and nice walking distance and making it all just a lot more pedestrian friendly and
more neighborhood -y. Thank you very much. Appreciate your time. Thank you. You're welcome.
Jennifer, you can unmute yourself and speak at this time. Hello, can you hear me?
yes we can thank you my name is jennifer leupold that's l -e -u -p -o -l -d and my address is 1306
south woodstock street and miss leupold do you swear and affirm to tell the truth the whole
truth and nothing but the truth i do please proceed thank you thank you i was an 11 -year
resident of Graduate Hospital including six years on the board of SOSNA I just
moved a few blocks south to 20th and Wharton in May so I have attended many
many many years worth of meetings on this project as both a resident of the
neighborhood as well as with the SOSNA board I am now walking across Washington
Avenue on a very regular basis to bring my son to school and daycare and as I
know many Point Breeze residents are with the Stanton catchment that now
extends past Washington Avenue. From a safety perspective I am ecstatic about
this new development that's been proposed and in terms of ease for
shopping and access to things that we need on a regular basis, the ability to walk instead of
drive is very huge for myself as well as my neighbors. So I just wanted to register my
wholehearted support. Well, thank you very much and thank you for spending the time with us. Thank
you heather you are allowed to speak at this time good hi um my name is heather davidson h -e -a -t -h -e -r
d -a -v -i -d -s -o -n and i live at 1026 south 22nd street so i am across the street from both of
Rory's developments.
Ms. Davidson, I'm sorry to interrupt.
Do you swear to the firm to tell the truth, the whole truth, and nothing but the truth?
Thank you very much.
Please proceed.
I live at 1026 at 22nd Street.
I live across the street from both 2101 and 2201.
I work from home currently, so there is noise.
But knowing what these developments are going to bring to the neighborhood, much as Ms.
loophole talked about for added availability of shopping for people who can't get to center city
or can't get out of the neighborhood through the aldi having a cbs even closer to people who are
at the south end of the graduate hospital neighborhood and the north end of point
breeze some of these things are incredibly important to neighbors of mine who are senior
who can't drive, as well as those of us who live in the neighborhood, knowing that we're
going to have a vibrant community of new people coming into the neighborhood to become participants
in the neighborhood is incredibly important to me.
I'm a former board member of Blocktoberfest who, one of our missions was to give back
to other nonprofits in the neighborhood.
So seeing what Ori is doing, our OCF is development is doing around building the breezeway for League Street and adding a park in there, as well as the public access to things and bringing more commercial to the corridor, having Dock Street, having small oven and porcos.
those have completely changed the number of people who are walking by my house on a daily basis and
the types of people who are walking by my house that is a vitally needed area for small business
to continue to expand to help grow the neighborhood and that's all I had to say
thank you very much do appreciate your time thank you David Hall do you wish to speak
Hello? Can you hear me? Yes, go ahead. Okay. David Hall, D -A -V -I -D -H -A -L -L, 2037 Kimball Street.
2037 Kimball Street.
Chair, could you unmute yourself, please?
Thank you.
Sorry.
Mr. Hall, do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you.
Please proceed.
As a near neighbor, I just want to, you know, voice my support for the project, and I feel that the design of the project is thoughtful and architecturally interesting.
I particularly appreciate the inclusion of the pedestrian walkway at League Street that can be used by neighborhood residents and the added greenery on the property.
I think that throughout the process, there's been a very open line of communication with the developer from near neighbors.
And I feel that he's valued the input of the neighbors and incorporated that into the design.
and like other neighbors have said, this project will really activate the corridor, make it more
vibrant, more walkable, safer, and add much needed commercial space in terms of CVS and grocery store
that is currently unavailable or further away from us. So I fully support this project. Thank you.
Thank you, sir. Thank you for your time.
at this time that's all the hands that i have to
okay um i i think it's almost correct me if i'm wrong almost two hours since we had our last break
was that or was that was that about 10 or 4 or 10 or 5 so we're coming up on that and i think
the rest of the
witnesses will probably
going to be Mr. Orfanides. You're going to be
testifying, correct?
You're representing?
I have my
client, and then I'm going to add some questions
of some of
Whalen's witnesses.
So rather than break
when you begin your testimony
or break it up, why don't we take a five -minute
break now?
okay okay and then we'll come back that way we don't have to stop in between and if we'll be
back in 10 minutes yes tanya i cheer if i could mention madeline shakamba has been on the line
for a very long time she does have her hand up at this time if we can acknowledge her when we return
we'll do that first thing thank you thank you
I believe before we took the break, Tanya, you mentioned that Chacumba wanted to get on, testify first.
Ms. Chacumba, you can unmute yourself and speak.
I would like to speak after Mr. Orfanides. Can he take it for first speaker, please?
Chacumba, you have, there's an echo.
we're not I'm not here and hearing you clearly does she wish to speak last it
appears chair after David Orfanides goes okay all right mr. Orfanides you left
on me you're muted sir David you're muted yep thank you good evening
everybody david orphanetes on behalf of fortune properties llc the owner of um oops the owner of
2031 to 35 washington avenue which is uh property located three properties to the east of uh 21st
street which is the prop the street that bounds the property that we're here for today to the east
um david would you spell your name for the stenographer sure it's uh david d -a -v -i -d
last name is orphanetes o -r -p -h -a -n -i -d -e -s and you swear a friend
you swear a friend to tell the truth the whole truth and nothing but the truth
i do thank you um so again i'm here on behalf of fortune properties llc the owners of 21 or 20 31
to 35 washington avenue and chelsea huang is here with me it should be on here with me
she's one of the owners of that entity and she is here on behalf of that entity and also
on behalf of herself and can i just make sure that she is on and unmuted
and the property and the people we're talking about are the same folks you were testifying
on behalf of their project last week yes correct what's her name again um it's chelsea huang and
i think i'm looking on the list of names did they raise their hand
looking on the list of names I've asked her to do that let me see yes we
when we were on break I asked her to raise her hand until I called on her so
give me one minute I don't know where she was she was on the call
Apologize for this. We literally just spoke while we were on the break, so I'm not sure.
On the telephone?
I don't think she's on the telephone, but I can give you a number in case it's coming
up that way.
Last three digits.
Last three are 188?
Can you give me one second, please?
What name her device is listed under?
I mean, I would imagine it would be, I mean, when we were here last week, she was
under her last name, and I'm not really sure. Can I, can you give me one minute? I apologize.
I thought I had this all arranged while we were on break. Give me one second.
So, she says she's raising her hand, but I don't see a hand raised.
I see hands.
What's the name is her device is under?
That would be very helpful.
So, last name is H -U -A -N -G.
First name, can you spell it for me?
no i remember that name from last week it's not on here qiao sorry for the feedback is the
beginning of the official her official first name david ask uh ask her if she's if she could
be listed under yizhou lee that seems to be the only hand up could you be under yizhou lee
yes that could be a thanks sean i can't see that enough i can't see that that's her
that's her husband's name okay she can speak chelsea can you hear us
yes i just unmuted oh there you go that's my husband's name uh my name is chelzen kwan
spelled the q i a o z h n last name h u a n g and you go by the first name of chelsea
yes okay and are you uh one of the owners of fortune property llc um one of the members of
that llc that owns as a record deed owner of 2031 to 35 washington avenue yes and you're here this
afternoon i'm representing you on behalf of fortune property llc and also in your own behalf
correct correct okay chelsea do you swear for him to tell the truth the whole truth and nothing but
the truth. I do. Thank you. Chelsea, how long have you, um, you owned the property at located at
2031 to 35, uh, Washington Avenue? About eight years. About eight years. And, um, do you,
how do you use that property? Uh, how have you used that property? Have you used it by your,
for yourself? Have you rented it out? How do you use the property? Using it operating business for
myself. Okay. And what's the name of that business? Ready Home Supply. Okay. And what do you, what does
that business sell or what is its business? Basically retail business for home supply and
countertop fabrication and insulation. And you had, as a chairman reference, you had an application
or have an application before this board to develop that property for a mixed use residential
to continue your existing use and then to add residential units above it with additional
parking, correct? Correct. Okay. That matter has not been decided yet by the board, correct?
Correct. Okay. And how close is your property located to, it's the 200 block of Washington Avenue, correct?
Yes. Okay.
What's that? It's about two buildings close to 21st Washington.
So we're almost at the end of the 21st of Washington.
Okay. So we're almost at the end of the 21st Washington.
Okay. Thank you.
Okay, thank you.
And right now, where do your clients that come to you, your customers,
who aren't picking up, let's say, materials, countertops, cabinets, things of that nature,
where do they park when they come to your business?
They park on Washington Avenue, loading and loading from Washington Avenue.
And if they're not loading and unloading, if they're coming in to have a meeting or to look at what you might have on display, things of that nature, where do they park?
They park on the street or the loading area, basically on Washington Avenue.
So when you say the street, you mean Washington Avenue?
and could and could that be the 100 blocks might they park on if you know
did they only park on the 200 block did he park on other blocks could be
anywhere that nearby our showroom okay and you understand you've have you been
on the call since the beginning of the presentation by mr. Whalen no what's
that I did not understand that you've helped you've been on the call since the
beginning of the meeting, correct? Correct. Okay. You heard Mr. Whalen's presentation and his
witnesses' presentation regarding the project that's being proposed at 2101 Washington Avenue,
correct? Yes, yes. And one of the refusals, the two main refusals that we're going to be talking
about are the refusals for failing to provide the required number of loading spaces. The refusal
indicates that there are three where one is proposed and the required number of
parking spaces is indicated 169 and only 120 are proposed you're aware that
those are the refusals that are some two of the refusals that are before the
zoning board correct correct okay and in terms of those refusals and the
project as it presented today to the board still maintaining those refusals
what is your position regarding the project are you in support of it are you
opposed to it I opposed to it okay and can you speak to what your issues are
regarding the project as it relates to those refusals and my big concern is the
are loading uh because it's a lot less loading uh don't it will really have a negative effect
to our business and to our neighbor business too because it will be you know since we have
a commercial coming into 21 and 22nd street and there will be a lot of customers coming in
so uh will require more of the loading
what about and what about sure i'm sorry mr chairman where would the loading interfere
with the proposed project in front of us interfere with your business you load your customers load
and unload on Washington Avenue yes so why I'm curious what how would this
impact that this project impact that I can speak yeah sure yeah customer if
it's more customer coming into a commercial area they might using our
loading uh space instead of really right in front of the uh uh 21st or 22nd area so so because it's
more uh traffic come in that's why the uh loading you know it will be packed because every time you
only have 30 minutes to load and unload and um so if it's coming in if if your project were approved
If I recall correctly, you had two loading spots, one or two loading spots on Washington
and they're the same loading spots we're talking about now, correct?
Why is the difference?
You're going to have loading?
If your project gets approved, how would that prevent anyone from using those loading zones
that was not affiliated with your business?
public loading
they're public loading spots
I understand that
people still can
park in our
business
and then go to
do the shopping
on the what's that called grocery store
own the uh what's that called grocery store um you know other things on that so if your project
you know
would get approved is my question you're still faced with the same problem aren't you the 30
minute loading zone is available for anybody whether the project we're hearing about today
gets developed or not so that's why we're hoping that we can there's a more loading zone can be
created, not just one. But if it's not enough loading zone that what you see
our session of it instead of using, you know, their session of it. That's why it's
concerning. Is it just the load the issue of loading or is it also the issue
of of not having enough parking for the businesses and residences also the
parking definitely yes and and why is that what happens in your opinion if
there's not enough by the code parking that's required by the code for the
proposed uses that are here what what is your fear that will happen not enough
parking is still impact same thing you know not not enough parking it will it
just you know create more of the uh traffic congestion and you know it could be uh you know
people were doing the double parking stuff like that are you suggesting that if your project
got approved that wouldn't exaggerate exacerbate what we're talking about today
i mean the more the more cars or more units they get built and the more businesses they get built
there's a likelihood that it's going to create more pressure on parking mr chairman we're
providing i mean if we're going to talk about our project we're providing the parking that's
required for our number of units and they're not but she still has a concern right but she still
has retail she has a business correct that people come and go to her business and it's very likely
i would think that there are more than two customers at a time using up the loading zones
in front of her property so they got to park somewhere else correct so they park on washington
avenue there's some customers and she only has she just has nowhere near the thousands tens of
thousands of square feet that we're talking about at 2101 so the concern is is that there's going to
be possibly more overflow from this given the lack of compliance with the zoning code requirements
that they may park on street and that's what i think has been trying to convey that's the concern
I hear what you're saying. You're doing a good job, but I don't know. You can't have it both ways.
I think it's a question of scale. It's a question of, you know, that's 30 residential units. This is, you know, we're not often parking there. So I think it's a question of the scale of it. But I think she's made her, without belaboring the point, she's put out her concern. She's concerned that more people, there's not enough parking, they're going to park on the street, and there's going to be less available parking for her customers.
refresh my memory david 30 30 units in her project and how many parking spaces 15 we're
meeting the one to two requirement so we don't we do not have a parking refusal i didn't say you
did i'm just trying i'm using numbers yeah i understand 30 units 15 spaces right if everybody
every unit has a car those 15 cars that can't park in the garage are going to put pressure
there's going to be pressure for everybody's my point it's a question of scale it's a question
of scale. I mean, at 256 and 120, I mean, we're now talking, they don't have, if we're doing one
to one, then they're 120 short. It's a little different than being 15 short than being 120
short. It's a question of scale. It's a question of scale, I think, is what we're talking about.
Understood. Understood. Thank you. I think we understand what you're getting at. So I don't
have any more questions for Ms. Wang. I do want to ask some questions of a couple of questions
of Mr. Whalen's witnesses, but Mr. Whalen, would you like to cross Ms. Wang? Yeah, I do have just
a few questions. Chairman, I'll let Mr. Orfiniti's direct. Do you want him to finish with my witnesses
and then have me cross, or would you like me to go right now? Whoever works best for everybody here.
I didn't want to interrupt your presentation, Sean. And I think but I think now it's probably better if maybe you jump in as we go rather than coming back.
I'll jump on this. Yeah.
Miss Wang, it's good to speak with you again. Pleasure meeting you last week.
Thank you.
So you said that you're worried about the loss of parking in front of your building, correct?
Okay. Your building, does it currently have any commercial or industrial parking?
We do have a loading zone.
We do have a loading zone.
But no dedicated parking spaces, correct?
But no dedicated parking spaces, correct?
Not. When you say dedicated, not really, no.
Okay. And if your project is approved, the commercial use will not have any parking spaces dedicated for it, correct?
The 15 spaces proposed are just for the residential units?
So even if your project is proposed, there's going to be no change in circumstances with regard to the parking and your available parking or loading on Washington Avenue, right?
Yeah, we're just having extra of the loading space right in front of our building.
Now, Ms. Wang, you know, we've testified, there's a lot of testimony today that this project has been ongoing for multiple years.
um did you attend any of the rco or other neighborhood meetings actually no okay have
you ever stated any uh public opposition to this project before today no uh did you state
any opposition before uh mr feibush uh opposed your project last week no okay uh i have nothing
further for Ms. Wang. And I just have a couple of redirect. Ms. Wang, right now at the present time,
people can park inside, pull inside, and park inside your building if they need to load or
to do something related to your business, correct? Correct. Okay. But your existing permit for your
use right now does not require accessory or call for accessory parking, correct? Yes. Okay. And the
The nature or the amount of, well, as the project that's being proposed, that's presently before, not before the board today, but that was heard last week and is still pending in front of the board, you're calling for a substantial reduction in the square footage of that industrial use, correct?
Okay. And it's nowhere near 30 -some thousand square feet, correct?
Correct.
I have no further questions on the direct. All right. If I can move to Mr.
Let's see. Is Mr. Nandez still on? I believe he is. It's not. For some reason, I don't have C.
Oh, there's Jose. Okay. May I call Mr. Jose Hernandez, please?
Jose, you're muted. There you go.
Mr. Hernandez, we swore you in earlier. You're still under oath.
Good evening, Mr. Hernandez. I'll try to make this brief.
Steve, the property is presently zoned what at the present time?
My two.
Okay, so it's not presently zoned to IRMX, correct?
It is not.
Okay, and you guys spoke a lot about designing this project to IRMX,
but is there any legislation pending with city council to remap this particular property to IRMX?
I don't know the specifics of that, but the information that we utilized was from a 2035 plan,
which had the current i2 uses to be transitioned to either IRMX or CMX3.
Okay, I understand, but there's no guarantee that this property would be remapped to IRMX.
We just have the 2035 plan, which...
I believe the plan was adopted, so I believe it's just moving forward, if that's correct.
Okay, all right. In terms of the parking and loading requirements,
Those requirements that are set forth in the refusal are based upon the square footage in terms of the commercial space, correct?
Correct.
And that also applies to the loading that's required, correct?
Correct.
And in terms of the loading for the residential space, that is based upon the square footage, correct?
I believe so, yes.
And then in terms of the parking for the residential, that's based upon the number of units, correct?
Correct.
And that's all based upon, in the refusal, based upon I -2, correct?
Correct.
So, and if you had mentioned that your FAR is below what's permitted in I -2 or IRMX, which is 500%, correct?
Correct.
Okay. But in terms of the number of parking spaces that are required for the residential units, whether it's IRMX or I2, if you were to have fewer units, even if those units were larger,
or I -2, if you were to have fewer units, even if those units were larger, the parking requirement
would be less, correct? Based off the calculations, if less units would require less parking.
Thank you. You heard Mr. Feibusch make a statement about his experience with his other buildings and
the number of residents or occupants, tenants that require parking. Correct? Did you? Correct.
Okay. What if Mr. Fybush is incorrect and his calculations or his predictions don't hold true
for this property? Chairman, I'm going to object. I'm not sure what the purpose of that question is.
I mean, if Mr. Orfanides wants to ask Mr. Fybush the basis of his opinion or what it is, that's
fine. But asking Mr. Hernandez, if he knows what's in Mr.
Feibush's mind, seems like a far rabbit hole for us to fall.
I think there are studies that indicate that they're
millennials, if you will, people who are moving into the city,
especially younger people are generally people who do not own
cars. I don't know if that scientific or whatever, but
that's generally the way it is and you live in my neighborhood when you're 16 you get a car whether
you want it or not all right i understand right and i wasn't asking mr hernandez to get into
mr five bush's head i'm not sure he wants to go there i'm not sure but um that was that was not
what i was asking i was just saying what if he's wrong what if there there's more parking that
people need you know than what he's predicting so maybe there's less could be less it could be less
That wasn't my question, but I'm going to move on. I'm not going to belabor the point. Why would I ask that question? So, in any event, I'm going to move on. I'm going to try to get us out of here. So, Mr. Hernandez, in terms of the loading, you live in the graduate hospital neighborhood, correct?
Correct.
All right. And there recently, not so recently now, there's a CVS that went in at 22nd and South, correct?
Correct.
All right. Have you ever seen them doing their deliveries and their loading there?
Their deliveries in their loading?
No. Deliveries, loading, whatever you want to call it. The trucks that pull up and deliver
products to CVS at 22nd and South.
Right. I may have seen. Yeah. On occasion.
And that's located about how many blocks from this property?
One, two, three, four, maybe seven or eight blocks.
Okay. And what did you, where did they, where did this truck that went to deliver, where was it, where did you observe it parked while it was doing its loading?
I believe they utilized the loading zone out in front of their store.
On 22nd Street or on South Street?
I believe it's on 22nd Street.
Okay. And was that truck solely in the parking lanes or was it actually in, as far as you observed, in the traveling lanes?
in the driving lanes chairman i'm going to object to this line of questioning
mr hernandez's uh anecdotal in uh observation of a single time or two of
when a delivery was made has no impact on whether they were doing
the delivery on per you know as they should have or if that truck
driver was pulled over too far to the left we've already stated and i'll
stipulate now cvs is going to drop ship all of its
deliveries. That's what they do all over the city, everywhere that I'm aware of. They're going to
drive up in a truck and drop off a pallet full of their deliveries. And then that pallet is going to
be unloaded by their employees into the store in as quick and timely manner as they can. And as
Mr. Fibush already testified, they're going to be coordinating that to the best that they can to
make sure that that minimizes any impact to all parties involved. And with all due respect to my
esteemed colleague, you know, 22nd and South, 19th and Chestnut, they're small lots. They don't have
room. And what I was getting to with my questions and Mr. Hernandez, who lives in the neighborhood,
I've seen him walk around, I live in the neighborhood as well, is that the problem you
have is that the trucks pull up and it's not a fast crop and it can impact traffic flow um
and the fact that they don't want to have a loading zone doesn't mean they don't need to
have a loading zone and that's the problem that is an incivility that we live with day in and day
out in the city of philadelphia we're all businesses but they have a large enough lot
here where they could provide some of them have lots some of them don't 10th and south doesn't
have a lot. I mean, 11th and South. Most retail places in these neighborhoods have none.
Most retail places in these neighborhoods have none or very limited parking, off -street parking for deliveries.
11th and South has Rodman behind it.
And also, yeah, I'll give you that one.
I'll give you that.
There's also there in a parking garage.
And I'm not going to nitpick.
I think I've made my point.
I can, if and when I drive in to work, I go out 11th Street to market or I take 13th Street.
there are cars trucks parked everywhere there's no place for them to pull in it's it's part of
living what we go through an incivility as i call it living in the city and i understand i would
just we might think that maybe we don't want to make it worse if we can but i understand your
point i get your point i understand um i have no more questions for mr hernandez trying to get us
out of here chairman i have no redirect for mr hernandez i think it's thank you um i'd like to
ask a quick questions a few quick questions to Mr. Feibus if he's still
here. Mr. Feibus if you're still on just go ahead and unmute. David you're gonna need an
umbrella when you leave it's pouring out there. Yeah I know I'm looking at it and
seeing it. Is Mr. Feibus still here? I think you can just go ahead and unmute
yourself I think you're still ready to talk
and already if you're here if you hear me you're still under oath
I see him still listed as an attendee and a panelist actually
who are you looking for mr five mr feybush oh okay i'm sorry i just had a call from confessor
that his power went out i'm reconnecting him oh wow is mr feybush snubbing me ignoring
at least less technically mr feybush believes that you need to unmute his phone
he's not able to do it
no i can't do it he has to do it himself
After I do it the first time, I no longer have control.
David, do you have any questions for any of my other witnesses?
Yeah, I can while we're waiting for him. Can Mr. Chilliberti jump back on or is he still on?
Excuse me one moment if I could interrupt.
Of course we still can.
Technician Bill, are you still there?
There must be a way he can unmute himself.
I'm sorry you can continue oh star star six to unmute said BPZ zoom
sorry I think Mr. Fibush wasn't hitting star six that's what I just he he says he he is doing
that and is still unable to jump on. Miss Sunket if he if he hangs up and then calls back in are
you able to? I'm not sure I just got from the technician that it might be audio problems with
the zoom. I'm not because it could be the weather I'm not sure. Okay um David let's move on and come
back to Horry. Sure.
Just a quick
Maybe he's on.
Cocktail hour, gentlemen. I was going to say
that's David's happy hour in music.
I forgot about that. That's what I used to call myself. So yeah, that's true. All right. So is Mr. Chilliberti on?
I forgot about that. That's my that's what I used to call
myself. So yeah, that's true.
Yeah, I'm on.
Okay. Mr. Chilliberti, this is David Orfanides. I just have a question for you.
And I heard you qualified as an engineer. Are you a traffic engineer? I don't have all the materials in front of me as far as the report.
I'm a, what they call site civil engineer.
I'm not a driver.
All right.
That's all.
I just, I just wasn't positive.
So you spoke, I think you were asked questions about in general, whether the, the parking
was adequate, adequate for all the, for the, and for the residential use, correct?
Correct.
And your statement was, I think your answer was, it is.
Hi, Sharon.
That's right.
Yeah, that's right.
And did you perform a traffic study?
I did not.
And you spoke about Aldi, but as far as CVS, I mean, you heard some of my questioning with Mr. Hernandez, who lives in the neighborhood.
Your opinion is that there is sufficient parking or sufficient loading for CVS as well as Aldi?
The loading for CVS, that's consistent with other urban locations.
Okay. Even if they're not able to use the loading zone that's here at this property.
Correct.
Okay. All right. I have no further questions of Mr. Chiliberty.
Chairman, I just have two quick questions for Mr. Chiliberty.
Thank you.
Mr. Chiliberty, in your opinion, you know, Mr. Orvanides is talking about, you know, issues specific to 2031 Washington.
2031 Washington, I just mapped it, is over 700 feet away from the entrance to CVS.
In your experience, would the loading or lack thereof or parking or lack thereof at CVS affect a property's parking or loading over 700 feet away?
it should not you know given that distance okay thank you that's all i have for you right
i don't have any further questions then uh miss templeton
i think okay or he is back on now so if you want to go to him david okay or he
or he i see him listed talking permitted off off microphone
phone. Okay, go to Ms. Templeton. Okay, thanks. I'm trying to do my best here. Ms. Templeton?
I don't know what's going on here, so sorry about that. How about now?
Can you hear me? Yes. Okay. Ms. Templeton, hi, David Orfanides.
Quick question for you. Same question I had for Mr. Chiliberty. In terms of your review as a planner, you feel that the lack of loading for CVS is not an issue and is acceptable?
When you say lack of loading?
The lack of a loading.
Like a separate off street loading area?
yes off street loading thank you um no i don't i don't think it's unusual for the city to have an
off street loading area well i i don't know if it said unusual is it adequate appropriate at this
for this i think it's appropriate okay i think it's appropriate okay thank you i have no further
questions in miss templeton i just is there any way to get mr feiber sean yeah he just logged on
I think it's listed as just Ori, Ms. Sunket.
After the power outage, you had to reboot a computer, so.
Okay, he can unmute himself and speak.
Looks like he's not muted.
Hey, Ori Fibosh here.
Okay, great.
All right, Ori, remind you you're still under oath.
Yes, and under oath, I just would like to share, and I believe the board can see through this, but there's a fine line between settlement negotiations and extortion and really disappointed by Mr. Orphanides.
I'm going to object. That's really?
Gentlemen, gentlemen.
Sustained, we've been going pretty well. Let's not get there.
Trying to move through. So in any event, despite that, I'm going to ask some actually on -point questions that have to do with the application.
despite that I'm going to ask some actually on point questions that have to
do with the application that's before us. Mr. Feibusch, there I think the ref, the
indication was of the 120 spaces, 40 of them would be for, 780 would be for the
residential use and 40 would be for the non -residential uses, correct? That's
correct. And the 40 are dedicated to Aldi alone? During the hours of 9 a .m. to 9 p .m.
Aldi has the exclusive use of those 40 spaces. Okay, so CVS has no off -street parking that's
dedicated for their use? That is correct. Okay. And again, that's the Aldi spaces are from 9 in
the morning till nine at night, correct? That is correct. Okay. You made a statement in your
capacity as a qualified expert by your attorney, Mr. Whalen, and I believe it stated that 80 to
85 % of your tenants, residents, occupants don't use vehicles. Can you just fill the board in on
how you came up with that figure, how you came up with that calculation, what surveys you did,
performed, questionnaires, how you came to that? Sure. My office, OCF Realty, manages 1 ,100 units
within four blocks of this property. Many of those buildings have 30 to 60 units with six
to 10 parking spaces in each. A perfect example being the Royal Theater on South Street that we
just delivered. In all examples of properties that we manage, we offer parking during the leasing
activities directly to our prospective tenants before offering them to the community. And in
all circumstances, the tenants in the building have declined parking. In past efforts before
zoning board and with other neighborhood associations, we did active surveys. For example,
at 1430 South Street, we surveyed all of our tenants in that property to verify not only how
many tenants were not using our parking, but how many tenants even had cars. And in each of those
examples, the hysteria was unfounded and that a disproportionate number of our tenants did not
have a vehicle, did not own a vehicle, did not have an interest in parking at our property or
at any other property. And I'm sorry, that study was out, how many properties that said that they
did not have a car? Four properties. Okay. Four properties. And when you said, I think it was
inordinate number. Do you know the actual number? 15 % of our tenants had parking.
In those, had cars you mean? Had cars. At those four locations? Yes, sir. Okay. All right. So
four of your locations. So, and how many tenants were, how many tenants did that make up? 140.
140 of the 1100 correct that's correct okay um
i have no further questions than mr mr feybush uh i just have a couple of questions mr feybush
uh first of all um are you aware that there's uh street parking along 22nd right out front
of cvs yes uh and how many spaces are there approximately i believe there's four okay and
in your opinion again as an expert when you're developing properties would you consider a
property 700 feet away as being impacted by what's taking place at the property that you're
developing or leasing no i have no further questions i'm i'm i'm finished concluded
with my soliciting
witness. Okay. And I have no evidence to submit.
Thank you. Oh, that, Chairman, I believe I just did forget to do that. If you could just
acknowledge that I will request moving all of my exhibits into evidence and everything presented
okay Tanya so chair we have a couple people with a hand up um we have a Vashti
Bandy who I'm going to allow to speak at this time Vashti you can unmute
yourself and state your name and address for the record
sorry i was in the kitchen
let me turn this off oh no
all right is that better yes please identify yourself with the
yes please identify yourself with the record and spell your name for the stenographer sure
record and spell your name for
my name is Vashti Bandy V -A -S -H -T -I my last name is Bandy B -A -N -D -Y and I am my address is 2133
Catherine Street uh 19146 so I'm in the area of impact you swear and affirm to tell the truth
the whole truth nothing but the truth absolutely yes thank you you have two minutes thank you okay
wonderful all right so i've heard a lot of back and forth discussion about the parking and it is
a concern of mine um while i think the uh the the plan project looks beautiful i am concerned because
um i think that like right now um we were we were gosh hold on sorry i had to run upstairs from the
kitchen so basically i'm kind of i'm some i i am concerned because to um avoid meeting the
required commercial spaces it seems as though the developer wants to reduce the residential
parking spaces by 44 to accommodate the commercial spaces but those commercial spaces are open from
9 a .m to 9 p .m specifically talking about the aldi and i am i mean i would think that residents
would want to park their cars when they get home from work significant you know significantly
earlier than 9 p .m. in normal times when we are not in the pandemic times um also there we that
that i mean grocery stores aren't just open on weekdays they're also open on weekends and that
is going to impact the neighborhood parking as well um i think that i i with with incredible
amounts of respects for the other properties that were discussed i do think there may i'm not sure
I feel like the character of our neighborhood is like of the Washington Avenue specifically
is a bit different in regard in regards to how far away things are from each other than 22nd
and South. So for example, a build a property that is 700 feet away from another property on 22nd
and South, there are many other intervening properties, but Washington Avenue is large
buildings. So something that's across the street, the street is larger, the area is larger. And I
think that so I think that when we're thinking about impact there's both absolute that the
absolute value of the number of feet but we're also actually considering the relative value
depending on the um character and how the block is laid out um and my main my other concern is
um with loading and unloading so we have one the the proposed prop the proposed um property has one
loading dock um with multiple businesses and so my question would be um what happens when two trucks
come in at the same time as often does um where i assume as often does when i'm like bicycling
myself down the street we're going to have basic trucks stopping i i mean it's truck trucks stopping
the middle of the street stopping in the bike lane doing their thing so um somebody else there
okay so that is those are my those are my primary concerns about what what has been proposed
um i am that yeah so i have am i within my two minutes here um you've actually exceeded i'm so
sorry we're giving you a lot of time because i'm done i've wrapped up that was those are my two
concerns yes did you need me for questions or anything did you need me for anything else
i need questions for this uh witness here apparently none thank you thank you thank you
I'm going to go now. Goodbye. Thank you.
Ms. Shacumba, if you still wish to testify, you can unmute yourself and go forward.
Okay, I'm unmuted. Can you hear me?
Yes, we can. Please identify yourself with a record.
My name is Madeline Shacumba, M -A -L -I -N -E.
S -H -I -K -M -E -S
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
And please provide us with your address.
2 -3 -0 -Madison Square.
I'm about two and a half on the project.
could you speak up a little bit you're having a hard time hearing you I said
all about two two and a half blocks from the project thank you
I'm here to speak on behalf of the president and myself because
We are being seriously impacted by this.
you're being seriously impacted by this
Right now, I hear the developer express a single hardship as to why he should not be
able to meet some of the refusal I have been giving to him. One, I submitted, dated December
the 30th 2019 2019 it was a nor notice of refusal and let's be few though that
things that were mentioned. One, for multifamily, for commercial use, and required three
and he don't propose one, and required...
Having trouble making her help. Yeah, there's a lot of technical difficulties with her.
You're fading in and out. There's an echo.
I'm trying to see it now.
Would you be willing to get a letter or email with her testimony?
Because it's a lot of fading out.
Sonographer, we can't understand.
I'm sure the sonographer can't hear what you're saying either.
How's that even?
So why don't you email your testimony to us, Chacumba?
Ms. Chacumba?
I think we lost her.
I can always email her and let her know, Chair.
Yeah, do that. Please let her know. We've lost her completely now.
Oh, she's there.
I know I'm here.
Yeah, we know you're there, but you faded away.
We couldn't hear you for about 30 seconds.
All right, well, I'm back.
He has not shown any hardship.
Any hardship whatsoever.
He cannot meet the requirements.
Chacombe, I need to interrupt you.
I apologize.
You're breaking up.
We're hearing maybe every third or fourth word at best, and it's very garbled.
It's not uniform.
And hear me now without the garbling.
Ms. Chacumba, we're going to ask that you provide us with a written document via email
of your testimony because your technology is not allowing the court reporter to receive.
Again, Ms. Shacumba, we're requesting that you submit your testimony via email.
Send it to the board's administrator, and we'll provide your testimony to the board.
I really don't like to do that because I'm more expressive.
Because I'm more expressive.
there is no other there's no other alternative we cannot hear your testimony
chairman chairman if i if i may i i know it's difficult but i would like to i don't want to
see this as a reason to hold up a vote on you on it today if i could interject chair
sharon is suggesting that ms shakumba call her on a cell phone and she can do it like she did earlier
okay but we got limiting
because of the circumstances
we're going to give you
three minutes as opposed to two
and I will notify you at two and a half
minutes that your time is running
you said I can do it on the phone
you said I can do it on the phone
what's the phone number I call on the phone
Madeline, stop wasting time.
Either way, it's three minutes.
Either way.
We've been adhering to that all day.
All right, well, one thing.
He did not present any hardship, okay?
Madeline, stop wasting time and call the number.
Call the number
Call the number.
Mrs. Chacamba
Mrs. Shukamba, it's...
Mrs. Chacamba, it's Sharon Saleta
Call the number.
Mrs. Shukamba, it's...
the same number that you've called me on earlier
if you call I'll put you on speaker
and you will be able to hear them and they'll be
able to hear you
Is that your call number?
Yes, yes
Thank you Sharon
You're welcome
Dare I ask, Ms. Sunket, are there other members of the public in opposition that we're waiting
for, too?
No, that's all I say.
Thank you very much.
okay can you okay can you speak louder okay you should be able to hear them now
Okay, what I was calling about, as I said before, the developer is not showing any hardship.
Okay, he needs to provide three loading zones.
Okay, right now he has only provided one.
Okay, that is for a grocery store.
And that one will definitely need it.
We don't know what will happen in a year or two years from now when he may get other tenants in there
that may require a loading zone.
We cannot afford to have businesses in there without loading zones,
especially when we can't provide it.
He didn't show no hardship that he could provide the loading zone.
We need those loading zones.
And as Mr. Orfanili is pointing out,
when you go down there on Tuesday or Wednesday or whatever,
CVS come in there, they're blocking the traffic
because they don't have any loading zones, okay?
Secondly, I'm appalled by the fact that we've been told about all these meetings they had about Washington Avenue.
And no way, nor none of this members have ever been invited by staff or the adults to attend these meetings where they redesign Washington Avenue.
Okay. Thirdly, I told you about a notice of the refusal from the L &I. L &I clearly stated in the refusal notice on December the 30th, 2019, that 128 residential parking spaces was needed, and the developers proposed 120, and right there, and residential uses.
And Anthony has an accident saying, additional parking spaces will be required for any proposed commercial.
John goes there and talks about the NOR, Notary Surgery, dated 2nd, 28th, 2020,
which we never, the RCOs never saw this because all of our needs were held before this NOR was issued.
And now all of a sudden we present six refusals.
that we did not even know a thing about, okay?
He wants to use the residential parking of 120 units for part of it for the commercial.
This should not be done.
If we are required to have 120 for residential, then it should be residential.
How dare he want to take 44 of our residential parking spaces to give to a commercial business
who will determine how that parking space will be used, okay?
It says here that he's required to provide 33 parking spaces
in addition to the 120 residential parking spaces we are supposed to have, okay?
And that's what he should be doing,
not subtracting from our residential parking to provide commercial parking.
And in fact, on the renewal, the notice of referral for David, February 28, 2020, it says the number of parking spaces required is 169, and then he's still proposing 120.
Ms. Chacamba, you've been on for five minutes.
We limited you to three minutes.
I am following the same procedure that's Philadelphia City Council follows.
Yeah, right. I don't think that's...
Yeah, right.
I don't think that's...
Thank you.
Thank you.
Here, she's been muted. You can continue.
Thank you. Mr. Orfinetes, have you concluded?
I would like just a quick closing, and then I would be done.
Please do.
So essentially, we have, my clients testified as to, despite the statements being made regarding 700 feet between my client's property and the entrance to CVS, which I'm not sure what the relevance of that is in terms of where somebody goes into a CVS versus where people park that might go there.
But with that being said, we, her clients, she stated her clients, customers park on Washington Avenue.
And if there's any chance that enough parking hasn't been provided as part of its development,
particularly given the number of units, the size of the commercial space,
the number of parking spaces and loading spaces that are lacking,
my client and other uses along Washington Avenue and residents off of Washington Avenue
are going to be impacted by the failure to provide the necessary parking and
loading it's maybe I think the term was it can be inconvenience or of living in
the city I get it but I would think that it might be what was that incivility
so incivility thank you I got to remember that I like that but I think it
could be avoided here we don't know that it couldn't be avoided in some way I
I don't believe that that's been established,
that a hardship as to why it can't be provided
hasn't been established.
Maybe some, it just hasn't been provided.
I also think that in terms of the other criteria
for the granting of the variants,
we have, you know, there's the aspect
of the granting of the variants
will not substantially increase congestion
in the public streets,
will not adversely affect transportation.
I don't believe that those criteria have been met, despite the great job done by my esteemed
colleague in this particular case, and despite the support of the Planning Commission and some
other community groups in this case. If this is a wrong decision, no offense to the board,
the impact could be severe in terms of those who live in the immediate vicinity. Thank you.
Thank you, Mr. Whelan.
Mr. Chico, I will, Chairman, I will be as brief as possible.
In closing, I think the, all of my statements before and those of my witnesses go to the
hardship here.
You have a change in the neighborhood, which in and of itself can substantiate a hardship.
You have the sheer size of the property.
the size of the property can be you know is unique to the property and creates its own issues with
that regard you have any number of harsh unnecessary hardships that were addressed by
all of my experts including the expert report from our land planner which addressed congestion
schools utilities you know I'll tick off every single one of those you heard that we could have
built significantly larger, but we actually are trying to ask for a variance only for the least
minimum variance here as to what we're seeking. And that would be in line with everything.
What you've heard today is at best the, you know, in opposition, the general complaints
of a neighborhood, Fortune Properties LLC and Ms. Wang, you know, confidently testified with
regard to their own property um but as you heard last week uh you know and you rightly pointed out
this was not an issue that um you know arose before and miss wang admitted in fact she's
never been opposed to our property or our project until uh she was opposed to her project and now
this is just a tit -for -tat um opposition so with that i still have not voted on her her rep her
project. So I don't know where she gets that from. Right. So with that, I will close and just say
thank you very much for all your time. I know the hour is late. I'm happy to answer any questions
that anyone might have, although I'm sure there are going to be none. Okay. Any questions from
the board? Planning commission. Chairman and members of the board, this property is indicated
for industrial use on the conference plan as ron gave the recommendation before we do not object
to the granting of the variance thanks very much calendar number three nine seven five
Thanks very much. Calendar number 39751. Let me start over again. Calendar number 39751. 2101, Washington Avenue. My vote is yes with the following proviso.
uh two pages revised plan two pages stamped today stamp today and what was the other word i needed
stamped today accepted and approved today we don't have a stamp two pages submitted and
approved today thank you my vote is yes with provisos yes with proviso yes with proviso
yes for proviso thank you all stay safe stay dry it's pouring out there
good luck thank you everybody
anya you still on
she's gone all right uh i'll send an email around to the board members uh
to talk about scheduling and send something around.
Thank you.
Thanks, guys.
Stay safe, everybody.
Bye, guys.
Good night.
See you, guys.
Have a good night.
Bye -bye.
Bye -bye.
Good night.
Good night.
Good night, y 'all.
Bye -bye.