civus
Hearing video

ZBA Hearing - February 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 9, 20224h 29m

Deanna, do you have any other witnesses?

Similar wording

Just Mr. Seabray, just to take us through the building.

Similar wording

That's fine.

Similar wording

Thank you.

Similar wording

Mr. Seabray?

Similar wording

Will you unmute yourself?

Similar wording

Thank you.

Similar wording

Mr. Seabright, will you quickly tell the panel what your position is with respect to this particular application?

Similar wording

Yeah, so I am the design professional, and we represent the Evolve Build.

Similar wording

We're the architects and developers, helping them put together the design and construction for the project.

Similar wording

Thank you.

Similar wording

Very quickly, by using your shared screen, could you just show the panel how it is that this building will be configured?

Similar wording

Yeah, so it's pretty simple. It will be a series. We don't have full design complete yet, but at this point it'll be, as you can see, the building is fairly massive. It's a little bit over, it's about 14,000 square feet.

Similar wording

It is divided up into essentially two homes. There is quite a bit of proper circulation in

Similar wording

the middle, both in the front and the back of the building, as well as this exterior

Similar wording

access to the street, and you have that on both sides of the building.

Similar wording

You have that same access over here that windows from any units in the basement will be able to

Similar wording

access the light and air as well as egress. This will be a refurbished stair tower that will be

Similar wording

rebuilt. Let me find the plans. So essentially there will be, each floor will contain four.

Similar wording

So the building is kind of in halves, almost like an old row home. So each unit will,

Similar wording

So each unit, each floor will contain four single room apartments with utilities, bathroom and kitchen areas in the central locations.

Similar wording

each floor will contain four single room apartments.

Similar wording

And it's pretty straightforward. And then there's circulation in the front of the building as well as the back.

Similar wording

It's actually easier to look at the pictures because it kind of shows it better.

Similar wording

this room this building here is which is part of the parcel will be developed into a rec center

Similar wording

as well as offices for the social service workers and potentially a community center for those in

Similar wording

the neighborhood wishing to meet the students or have kind of events and things like that

Similar wording

in the near future so yeah that's essentially what we're looking at again there's there's

Similar wording

four floors each floor will have four rooms on each floor with the amenities and then there's

Similar wording

two sides to the building, equaling 16 per building, 32 units per the whole building.

Similar wording

Thank you. That's all I have with this witness. And Mr. Chairman, I'd just like to

Similar wording

call Francis Dubrow, who's the property owner, to confirm the testimony of the other witnesses

Similar wording

here and accept that. Francis, will you unmute yourself, please?

Similar wording

please unmute could you state your name and spell it for the court stenographer please

Similar wording

francis you have to unmute

Similar wording

here we go

Similar wording

can i state your name and spell it please

Similar wording

Frances Dubrow, F-R-A-N-C-E-S

Similar wording

D-E-B

Similar wording

Go ahead, I'm sorry

Similar wording

D-E-B-R-E-A-U-X

Similar wording

Thank you

Similar wording

Frances, you're the owner of this firm

Similar wording

Wait a minute, do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do

Similar wording

Thank you, Mr. Chairman

Similar wording

Frances, you're the owner of this property?

Similar wording

Yes

Similar wording

Okay, and you're also affiliated with Undivided Courage?

Similar wording

Yes, I'm the honor of under Vida Courage.

Similar wording

Thank you.

Similar wording

And you've heard the testimony that's been presented by the other witnesses here this morning?

Similar wording

Yes, I did.

Similar wording

Including me?

Similar wording

Yes.

Similar wording

And do you accept and confirm the testimony that's been previously provided?

Similar wording

Yes, I did.

Similar wording

Thank you.

Similar wording

That's all we have, Mr. Chairman.

Similar wording

Mr. Yanov, do you have the RCO letter on your presentation?

Similar wording

I don't think it's up.

Similar wording

As I said, we got it last night, and I submitted it.

Similar wording

What's the name of the RCO? Could you just state for us the name of the RCO?

Similar wording

I can in a minute, sir. Let me see if I can find it.

Similar wording

Michael, I'll bring it up. One second.

Similar wording

Thank you.

Similar wording

Just give me a second. I'll pull my email. I just want to make sure it's proper.

Similar wording

It's the 51st Ward Democrat RCO.

Similar wording

And they're in support.

Similar wording

The letter says the RCO has adopted a position of support in the matter of the refusal for this effort.

Similar wording

That's right. Yeah. Thank you. Questions from the board? No, Mr. Chairman.

Similar wording

No, Mr. Chairman. No, Mr. Chairman. Questions from the, or statements from the virtual audience?

Similar wording

Mr. Chair, I have a Ms. I have a Minister Enoch L with their hand raised. I will allow him to speak at this time.

Similar wording

yep

Similar wording

good morning chairman and members of the board how are you doing this morning

Similar wording

can everyone hear me could yeah we can could you state your name and spell it for the court

Similar wording

stenographer sir yes i'm minister enoch e-n-o-c-h do you swear or affirm go ahead i'm sorry

Similar wording

i'm in right now a-m-e-n hyphen e-l right do you swear or affirm to tell the truth the whole truth

Similar wording

nothing but the truth. I affirm. Thank you. Proceed.

Similar wording

As I said, morning. My understanding, I am

Similar wording

with Earth Keepers, we're one of the affected RCOs in this matter.

Similar wording

This matter, there was an RCO meeting held on January 24, 6 p.m.,

Similar wording

which City Council, through Andrew Goodman, was present on this call.

Similar wording

The attorney for the applicant made it very clear that they did not send the mail-in notifications to any other community.

Similar wording

That was brought up after the end of the meeting.

Similar wording

After we had this long exclusive meeting, it was brought up because Andrew Goodman for city council made a statement to the applicant.

Similar wording

And it came up that they never informed the community of an RCO meeting.

Similar wording

With that being said, we all agreed that we were going to come back and reschedule the RCO meeting.

Similar wording

As of today, there has been nothing emailed to any of the RCOs as well as Earth Keepers indicating another date.

Similar wording

The community have not been informed of this.

Similar wording

The community have not been informed of this applicant's proposed project.

Similar wording

Coming this morning, check my email.

Similar wording

I have a letter of support.

Similar wording

I just emailed the 51st Board of Republic, which is Greg Benjamin, who's the chair, informing him,

Similar wording

how are we having a ZBA hearing when we agreed to reschedule the RCO and the developer was supposed to reschedule the hearing for the day.

Similar wording

At this point, we definitely ask the board to deny this variance, or not deny it, that it need to be postponed, because none of the communities know anything about it whatsoever.

Similar wording

Chairman, may I address that?

Similar wording

Sure. Thank you.

Similar wording

First off, I just want to correct one thing for the record that the minister indicated.

Similar wording

I was not present at the RCO meeting, so I made no representations concerning the meeting.

Similar wording

It was retained after that occurred, and I just want to make sure the record is clear on that.

Similar wording

But secondly, we've submitted a petition which has a significant number of names, all of which are neighbors to the property and which are attached to our presentation, all of whom indicated that they're in support of this application.

Similar wording

I don't know what the board's position would be with respect to that.

Similar wording

I appreciate Mr. L's request that the matter not be denied if the board would be so inclined.

Similar wording

We would ask that the board vote in favor of this application, but if the board is inclined not to go forward based upon Minister L's comments, then we would ask that the matter be continued and we will come back and make this presentation again.

Similar wording

We just don't want this to be denied and have to make us go through the process of appeals and the rest of that.

Similar wording

So what we really prefer to do is have this voted on favorably based upon the testimony and the presentation of the petition that you now have before you.

Similar wording

And if the board is not so inclined to do so, then we ask that the matter be continued to another date to give us an opportunity to get a full RCO complement together.

Similar wording

Honorable Chairman, I'd like to respond to that.

Similar wording

I agree that this should be postponed.

Similar wording

However, the rules does not implement that a petition gets signed in order for a variance to be approved.

Similar wording

it must meet the burden of proof it has to follow pursuit according to the law and that is you have

Similar wording

to inform the community of a public rco meeting and that has not been done so just to go around

Similar wording

to to convert the law and go around to sign a petition where the petition doesn't even state

Similar wording

if you look at this petition it doesn't even state what's going to be done in that community

Similar wording

So I'm requesting this Honorable Court to postpone this hearing, to give the community an amp time to find out what is about to take place in this community.

Similar wording

What the developers are proposing to do is, I agree, it is a good concept.

Similar wording

However, because of what type of proposed project, the community has to support this.

Similar wording

Well, the community, not so much support, the community has to be aware of what is about to be erected in the middle of a residential community.

Similar wording

There's nothing like this, nowhere around this kind.

Similar wording

And it's only right that the chairman allow the community to have an opportunity and not have their constitution rights waived.

Similar wording

I'm asking that this be postponed.

Similar wording

Okay.

Similar wording

Mr. Adam, thank you. Thank you, Minister. Are there any, is there anyone else in the virtual audience that wants to make comments?

Similar wording

um mr chairman this is tanya sunkett yep the administrator um as you wish i could um schedule

Similar wording

this as a resumption um allowing them to meet which is required and then be able to put on

Similar wording

record at a later time the feedback from the community but it's always your call sir i i

Similar wording

understand i just want to tanya at this point i want to see if there's anyone else in the virtual

Similar wording

audience okay all right thank you mr yanoff we will bring this back for a resumptive hearing

Similar wording

Is there a date, sir?

Similar wording

Tanya?

Similar wording

Give me one minute.

Similar wording

Thank you.

Similar wording

We can do March 2nd at 930.

Similar wording

Let me just make sure.

Similar wording

I'm just going to make sure that my calendar, sir, just make sure that I'm available, but I think I am.

Similar wording

yes i can do march 2nd at 9 30 at that time chair if you wish we can have a letter from the rco or

Similar wording

Yes, I can do March.

Similar wording

we have a letter from the rco already tanya the one i thought this was why i'm sorry we have a

Similar wording

letter from the RCO. I think what the minister said is the RCO met, but there wasn't a larger

Similar wording

community meeting, that there wasn't a mailing to the community. But we do have a letter of

Similar wording

support from the RCO, but we can still have a resumptive hearing. Okay.

Similar wording

Mr. Chairman, at that hearing, I assume the only thing that will be discussed is the RCO response.

Similar wording

Is that correct?

Similar wording

Well, I think it would be the RCO response, and I think where what the minister said, there wasn't a mailing to inform people relative to what was going on and a possibility of a meeting.

Similar wording

I do know that you, listen to me, I know that you have a petition, and I know where the RCO stands.

Similar wording

The minister disagrees where the RCO is, although I think, I'm not going to put words in his mouth, he said he thinks it's a good concept, what he would want is a mailing to let other people know about it.

Similar wording

Mr. Chairman, I will take care of that mailing.

Similar wording

Okay.

Similar wording

Okay, Tanya?

Similar wording

Sounds good, Chair.

Similar wording

March 2nd at 9.30 a.m.

Similar wording

Thanks for the testimony from your witnesses, and thank you, Mr. Yanoff, and thank you, Minister.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Thank you, members of the board.

Similar wording

Have a good day.

Similar wording

I'm sorry, Chair.

Similar wording

This is Tanya again.

Similar wording

Mr. Yanoff, may I request that you post the property again?

Similar wording

typically we don't in resumption but because of the confusion if you reach out to our office we

Similar wording

can give you new posters to post the property I will take care of that I think Mr. Yanov dropped

Similar wording

off but I'm the uh the architect we'll take care of that no problem at all thank you Mr. Seabright

Similar wording

thank you there was uh Miss Tanya Tanya yes there was a question in the audience that I was watching

Similar wording

come through I don't know that she wants to speak still or not she raised her hand with Katrina

Similar wording

i don't know if that matters now that we're continuing yeah she would have to put the

Similar wording

question inside the q a okay thank you so much i saw her as well very good thank you take care

Similar wording

case number three mi 2021 003787 1244 ellsworth street passion square civic association letter

Similar wording

of non-opposition, Councilman Squall, letter of non-opposition, Ulam Cam.

Similar wording

I promoted them to panelists, sir.

Similar wording

Sir, could you state your name and spell for the court sonographer?

Similar wording

Unmute yourself, please.

Similar wording

1244, can you land?

Similar wording

Live at 1244 Ellsworth Street, Philadelphia, PA, 19147, Philadelphia.

Similar wording

Mr. Lam, spell your name for the court reporter.

Similar wording

Yes, K-A-M-Y-U-L-A-M.

Similar wording

Right. I don't know if I swear or not, but do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

Could you answer a few questions from our board member, Mr. Holloman, please?

Similar wording

Yes.

Similar wording

Sir, according to our records, you have submitted all the required documents. Is that correct?

Similar wording

Yes.

Similar wording

Please proceed.

Similar wording

okay mr lamb are you going to make a presentation and put your presentation on the on the computer

Similar wording

oh i don't know how to do that i thought i sent everything on the online okay all right wait one

Similar wording

minute tanya um yeah we're gonna have to continue you sir hold on hold on can you see am i yes but

Similar wording

can you put your information that you submitted to the RCO box on the screen and scroll through

Similar wording

for us to see it? My information? Yeah, I think we will have to continue it because

Similar wording

Sir, yes, this is what we're going to do. We're going to continue. And Tanya, could he contact

Similar wording

the office and figure out how

Similar wording

what he should be doing?

Similar wording

what he should be doing.

Similar wording

Yes, he should send an email.

Similar wording

He should send the email

Similar wording

and if

Similar wording

And if not him sending an email,

Similar wording

my staff will be in touch with you

Similar wording

as long as we have the correct information.

Similar wording

You can move on, Chair.

Similar wording

Thank you very much.

Similar wording

So we have another day, another, other.

Similar wording