my exhibits come on so they took parking space with these modular trailers and where they were
placed in the parking lot which is adjacent to ryan avenue they took parking spaces they've added
gross floor area which would need increased parking spaces yet they took parking spaces away
from this site in addition to the fact and i know it was approved but in addition to the fact that
every time they've come through our neighborhood to to seek special exceptions and or uh variances
they were always under parking so now they have a situation that was dire and has been made worse
But that's in my exhibits.
I'll get to that.
Okay, Mr. Chairman?
Thank you.
We'll look at each one as they go.
Please proceed.
Exhibit K.
School District of Philadelphia, classroom renovations at Lincoln High School, drawing title, zoning plan.
Drawing number Z1.01, sheet 1 of 2.
So if you look at this area, I have it labeled as Exhibit K-1.
the classroom trailers have a total additional gross floor area of 29,230 square feet.
I'm only taking that off of their drawing.
That's according to the property owner zoning drawing from April 4th, 2025,
specifically revision two, ironically titled parking stall count revision, or REV.
At a parking ratio of one to 1,000 square feet,
this proposed development would require an additional 30 spaces.
Now, I haven't taped it off and I haven't measured it, but I'm going by 29,230, but we all know that things change in the field.
Now, if you look at this exhibit, Exhibit K-2, classroom trailers have a total additional 29,230 square feet.
Now, if you look at this exhibit, Exhibit K2, Classroom.
Instead, this zoning table note number three states there will be a net decrease of 78 parking spaces.
Now, that's drawing math.
What really happened down the field, we have to check.
And if you look at that table at the top, parking stalls are posed, 476.
They were under the last time, which was approved, but they were under the last time.
They took more spaces away.
Exhibit L, Philadelphia Zoning Code, Title 14, Zoning and Planning,
specifically 14-303, Comma Procedures and Requirements,
this time referencing number eight, Zoning Variances.
So if you look at this flowchart, decision by L&I, application refused, then there's an appeal by the applicant, a.k.a. School District of Philadelphia, and Dilworth Paxson's Mr. Sklaroff, I'm assuming.
You do public notice, you meet with your RCOs, you hash things out, you do what's best for all parties to the, you know, the best that can be done.
And then there's a decision by you guys, the zoning board adjustment.
room exhibit m photographs of the project site these are photographs that a member of our
community took on saturday july 19 2025. the city would then object to the photographs showing the
construction uh taking place of the modular classrooms again it's not relevant to the
specific question that was raised about whether a special exception should have been required
What's your response to that?
My response is typically schools, facilities, when they have these modular trailers, they're independent.
They stand on their own.
They're sitting on some type of center blocks or some type of foundation.
I wanted to let the board know and familiarize them with the fact that this is connected to the school, which cuts off a lot of access.
access for public safety, access for students and staff.
I'm sorry, this all require expert testimony for all of this.
Excuse me, I'm sorry, this is the court reporter.
I'm having great difficulty hearing Mr. Sklarov.
You did close your point.
I'm sorry, usually that's not an objection, not being able to hear me.
I'm going to make just an observation by way of an objection.
These issues that Mr. McDermott is testifying about are in the realm of an expert.
We don't have expert testimony here, but let me also point out the school district readily admits that it got a permit for and is building an assemblage of modular classrooms for the benefit of the students and the community and the city.
So we're not in any way disputing that classrooms are being built and students will occupy those and educational use will commence very shortly.
So, Mr. McDermott, I agree with him. We don't need to see the photos. We all agree that something's gone there, right? And we don't have to see it. The question really is L&I's actions, okay?
Okay. I only included then, Chairman Bergman, to familiarize the board.
Sure. Thank you.
the remainder of the exhibits are photographs okay yeah i i okay yeah we're good i think we
understand what's going on and you know um what else is part of your presentation that's it
you know the neighborhood just
as the as the process is codified right under title 14 right when things don't follow the
tables the chart this is black and white this is not an opinion this is black and white these
are charts these are tables and when processes aren't followed people get neglected people are
left out of the process and the community has had a long relationship not only with the school
district but particularly this campus in 2006 someone else that's going to testify here in 2006
a brand new school was built and was built specifically at a smaller size than that
existing that existing abraham lincoln that was first on the site it was made smaller more compact
more focused on keeping the population down for numerous reasons right anytime you have a large
crowd of people you're going to have an opportunity for more problems right class size smaller
population smaller so 2006 2007 that was all hashed out by uh then council councilwoman
joan kerjewski and the community numerous meetings numerous meetings
Joan Krzyzewski, and the community, numerous meetings, numerous meetings, but they tried to find a middle ground.
There was agreements, and some of them agreements were abandoned and were not kept.
Fast forward to 2018 or 19, another process started.
Another process started for the need for an elementary school in the area.
So Mayfair is busting at the seams, trailers.
Ethan Allen, busting at the seams, additions.
Forrest got a little schoolhouse.
There's a brand-new Thomas Home being built right now.
Pollock is getting kind of renovations.
Please, ma'am.
I understand all that, but I think we've got to go back.
It's all about L&I.
It's not what's happening other places, okay?
I was only saying that for the process.
And then we had another process.
Attorney Matt McClure, on behalf of Ballard Spar, he came in front of us.
We hashed out in a community benefits agreement.
the community was included okay neighbors started calling off the hook about trailers being delivered
the street being shut down it was problematic and there's mud everywhere everywhere thank you
mr reuter do you have any cross just very briefly um mr mcdermott uh you've you've stated uh several
times you've made reference to the community uh you said that you're a member of the mayfair
community association um do you hold a position as an officer of the mayfair community association
yes i do okay and did the mayfair community association take a vote to authorize you
you to take this appeal say on their behalf we took a the board discussed it and there's people
here that i understand but so are you saying this is an appeal of the mayfair civic association or
is this your appeal i filled out the paperwork and the may for civic association are behind this
appeal okay that's fine now you also briefly made mess you've shown in your initial photographs
and you've also referenced several times the existing school the previous school the existing
school uh whether it's right whether it's um lincoln high school or the propel school or the
me in school so you there's no dispute that there is an existing school located at 3201 ryan is
that correct correct okay i have no further questions sclera you'll you'll get a warning
mr mcdermott i have just a few questions that's fine uh mr mcdermott uh you filed the original
appeal on a and sent it to uh the board of license and inspection review have you since
we last met filed an appeal on the application for appeal papers issued by the zoning board
81-49 yes did you send us a copy of that yes when did you do that by u.s mail when i did it
I talked to the board. The board told me to have it in by a certain time.
I sent it in. I included a check, and I sent copies to the school district, and I sent copies to Dilworth-Paxson.
The board will look at the record for that.
You looked through the L&I archives, is that correct, in formulating your exhibits originally and today?
did you look through the archives on the internet under the zoning board website
with lni's website to look at the historic plans and approvals that are of record at the city lni has
a tab license inspection tab under the atlas.phila.gov i don't know what he's talking
about the zoning there's a tab okay zoning doesn't have the zoning tab doesn't have any of these
permits any of these files on there there is a license and inspection tab which has a history
of all the zoning permits building permits electrical permits mechanical permits plumbing
permits you uh attached to your original materials and exhibits a notice of referral and refusal
uh dated uh july 24th 2019 do you recall that document yes i do um and did you read that
document yes i did did you uh notice that in one of the paragraphs that are toward the end
it says um application and it mentions an application 060126 that's the calendar number
The zoning board of adjustment granted the erection granted the erection of a new of two new structures, etc, etc. And at one point it then says with a maximum of
etc etc and at one point it then says with a maximum of 423 parking spaces including 12
accessible parking spaces did you read that yeah and is that part of the zoning board's
uh opinion and judgment in that matter this this facility excuse me just yes or no
So I'd have to look at the document, Mr. Scholar.
Okay, I'd have to look at it.
This right here is a refusal and a referral from previous.
does it refer to the record of the zoning board at 2006 when uh they put a maximum on the parking
of 423 parking spaces is that what it says with a maximum of 423 partners including 12 accessible
parking spaces are there more than 423 parking spaces i don't know we'd have to count i don't
haven't counted off but as long as they don't exceed that there's nothing wrong with the zoning
boards um with l and i's approval is that correct i don't i don't work for l and i okay all right um
i'd also we'll get to argument on okay 2006. do you have any other witnesses hold on a second
Can I ask another question? Your appeal is based on your position that the school district needed to get a special exception because the modular classrooms are in educational use. Is that correct?
so if that's not true there's nothing more for us to discuss so i'd like to have us focus
on whether we needed a special exception hold on hold on a minute legal question
this this project has a referral under the special exception for the structures
no in this it should oh it doesn't i know that's what we're talking about
And they should have a refusal because they took away more parking spaces and added more gross floor area.
Let me go back.
Do you have any witnesses you want to present?
You know what?
I had other exhibits at the end that were after these photographs that they don't want to see.
They don't want to show you the abomination.
I don't know if that's the case, but...
that's fine
yeah i have a marty benaric is here marty benaric is a former schooler he'll tell you
yeah is he here yes mr bernard
Good morning, Mr. Pernarik.
Good morning, Mr. Chairman.
Could you please state, a little closer to the mic, if you would, bulk towards you.
That's it.
Could you please state your name and spell for this phonography?
Yes, Martin Bednarik, B-E-D-N-A-R-E-K.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
So, Mr. Paneric, your testimony should be about L&I and the issues relative to that, okay?
So, please proceed.
Yeah, I just want to clarify this parking.
This is a campus that has other schools on it, namely Propel Academy has Lincoln on it, Austin Man, and the Lincoln parking lots.
And what's happening here, that 400 and some number that's being referenced is,
we, the community, don't understand what is included in those number of parking spaces.
Where are they from?
Because where these trailers are placed right now is they took off 78 spots, 78 parking places.
And there's no regards to putting these in anywhere else on the campus.
As far as using spots from the part of the campus that has Propel Academy on it, those parking spots are not even close to...
Those parking spots are not even close to where somebody could park and then walk.
It's a pretty good walk.
So I don't know what's included in that number, and I think Al and I should know, too.
Okay, so that's why I'm here, is about the parking.
Mr. Woodard, are there any questions?
No questions.
No questions.
Thank you very much, Perf.
We appreciate you coming in.
Thank you.
i'd like to call donnie smith from the mayfair neighborhood
morning mr smith
i try to sit as close to the mic as you can please state your name and spell for the stenographer
donnie smith uh smith do you swear or affirm to tell the truth the whole truth nothing but the
truth yes mr. Smith again if you would your testimony should be talking about
Illinois okay I'll do my best yeah please proceed well to be honest with
you I wasn't prepared to speak today you know I'm here I actually told you I'm
here as a as a past president of the Mayfair Civic Association with an
extensive history of the entire school district of Philadelphia's projects from
the demolition of the original building to its current status right now I'm
I'm sorry. So I'm not quite sure what I can speak to with relevance to the L&I testimony, other than the fact that I do understand Mr. McDermott's presentation with regards to the formal process and how it's supposed to go through an RCO hearing prior to coming before you guys.
So that's pretty much where I am right now.
If you have any questions, what do you have?
You have to cross, sir.
No crossings.
No questions.
Thank you very much for coming in.
We appreciate it.
Thank you.