ZBA Hearing - September 20, 2022

would still be and there would still be a limit to one hour mr chair yeah i i think we have to

We have to put a limit on it. It'll be one hour.

I mean, I know this isn't this. I understand the difficulties in scheduling, but there is fundamental fairness and due process.

We're going to have to order the notes of testimony. And, you know, I don't know how any of us are going to remember this whole case.

And it's sort of, you know, under the suburban zoning boards have a time limit as to how long they have.

I know to get a case heard and how much time they have to give to a case.

I was chairman of a zoning board where we had like 20 hearings on a methadone plan.

I know, but Mr. Powell, this is what we have.

And I think everybody's going to go out of the way to make sure everybody has their due process here.

But we're saying we want the due process to be done in an hour.

And I think we can do it.

Now we'll push ourselves to do it in an hour.

I appreciate it.

Mr. Chair. Mr. Reuter is gladly to work along with this.

Sorry, Mr. Chair, this is Hillary. I know the

head of the RCO has been waiting to testify.

I don't believe his testimony would be in another half an hour.

That's fine. That's fine. Take his testimony now. Thank you.

Okay. What's his name, please?

Larry Friedman from Northern Liberty.

Sure. Hi, Mr. Friedman. We have no objection to Mr. Friedman. Go out of turn.

Hi, Mr. Friedman. Mr. Friedman, can you unmute yourself?

Hi, can you hear me? Hi, Mr. Friedman. Could you speak your name and spell for the court reporter?

Yes. Larry, L-A-R-R-Y, Friedman, F-R-E-E-D-M-A-N, R-C-O, Northern Liberties.

Right. Do you swear for him to tell the truth, the whole truth, nothing but the truth?

Yes, I do.

And Mr. Friedman, could you give us your position on this case?

Yes. I could do this in three minutes. You got three minutes?

You know, Mr. Friedman, we appreciate that.

Thank you. Our letter that we sent in very, very simply says there's no hardship to enlarge the sign or to go from accessory to non-accessory.

and actually we saw this in 2016 and one of our and part of our letter said it is the strong

consensus of the neighborhood to limit or alleviate all digital billboards and I just

wanted to quickly point out on the refusal that the second refusal says whereas the proposed

digital outdoor advertising sign non-accessory is expressly prohibited in the CMX3 zoning district.

is expressly prohibited in the cmx3 zoning district so our position is

we don't want to be known as the digital side non-accessory mecca uh of the city because

as you know north liberties has a lot of roads coming in and out a lot of highways

and a lot of buildings that this could happen um and we feel that you want to put a billboard up

someplace or where it's allowed, that's one thing. But where it's not allowed, we don't want it. We

don't want to see it. And there's no hardship here. And as everybody knows, as much as we all

like to increase our income, that is not a zoning hardship. So, Mr. Friedman, thank you. Mr. Powell,

do you have any comments real quick? Real quick. Mr. Friedman, isn't it true that back in 2016,

Norton Liberties opposed even the digital sign that needed a zoning for an accessory digital sign.

Correct.

Okay.

A digital sign.

Right.

But you opposed it being an accessory digital sign back in 2016, correct?

That's correct.

Okay. And how about, do you recognize that if, that there is a spacing requirement in the zoning code that billboards cannot be within 500 feet of another billboard on any side of the highway in Philadelphia?

You're asking if I understand that?

Are you aware of that?

I believe so.

I believe it's on the refusal.

Well, you've been the zoning chair for, I don't know, how many years, Larry?

30.

30.

30.

And so on the refusal that you looked at, there was no refusal for being within 500 feet of another billboard.

Is that correct?

You're talking about the current refusal?

Yes.

if i suppose so there's nothing that's not why well i'm looking at the one that says it's not

allowed it's what i'm asking you i'm asking you if there's a refusal for being within 500 feet

of another billboard with on either side of the high which one let me ask you which one is that

on the uh refusal i'm saying i'm asking you do you see it on the refuse do i see it on this refusal

Yes. Let's see. Whereas the proposed digital sign prohibited to be erected or converted from non-digital to digital within 500 feet.

Larry, you can read it silently to yourself and just tell me if you've got it.

Well, what are you asking me about that?

I'm just asking you, is it being refused because there's another sign within 500 feet of it?

I don't know.

Okay. Nothing further.

All right. Thank you. Mr. Reuter, are you still on?

I'm still here.

Okay. Do you have any questions?

Real quick, Mr. Friedman, are you familiar with the location, for lack of a better way to put it, where the Delilah's is located?

Yeah.

Are you familiar with the billboard on that site?

Yeah, and I believe it's accessory, but, you know.

Okay, if you don't recall what's on it, that's fine.

Yeah, and I know Delilah's very well, so I could get that information if you'd like.

No, I don't mean it that way.

i'm friends with the owner uh you know hillary um yeah and the family that's all they've been

neighbors for forever nor the liberties okay okay any other questions just real quick since

you raised it i just real quick because i there's going to be an issue about this and

go to a a a3b for me quickly uh nico a a3b

i'm sorry you're talking to me no i'm talking to my nico riabuto if nico can share the screen

a3b okay so if there is a billboard up at the very corner of a long seconds along spring garden

street if we go back towards the other end of the lila's uh shopping center there's another

structure that surely does look like a billboard. Is that a billboard, Larry, that advertises

prop building uses that aren't on that premises, or don't you know?

I don't know. I don't know.

Okay, so there's more than one billboard, really, structure, at least.

If you're asking me, I believe it's accessory to Delilah's.

You believe both of them are?

That's what I believe. Now, I can go down there and take a look.

That's your testimony. That's all I have, Mr. Chairman.

that's all i have mr chairman all right thank you um thank you everyone um mr coach thank you

Thank you. Thank you, everyone.

thanks for bearing with us um and we'll be in touch did we get the date tanya what date yes

chair the date would be february 21st at 9 30 a.m okay yep thank you thank you everyone thank

you for your patience thank you just to be sure tanya there's no one left in the virtual audience

this case wasn't heard take care everybody thank you very much thank you everybody it appears as

though everybody is going here thank you thank you very much have a good night and thank you

see you all tomorrow bye bye bye thanks for hanging in there pauline i appreciate you

good afternoon bye everyone bye