thank you for your testimony planning commission thank you vice chair and good morning david
fecteau f-e-c-t-e-a-u with the city planning commission uh do you uh
you swear to tell the truth the whole truth and nothing but the truth yes sir i do
please proceed thank you sir uh vice chair and members of the board i'm going to read
my testimony for all three property addresses if that's okay with you
sure all right thank you sir um so the comprehensive plan recommends no change to
the residential multi-family and residential single-family zoning at this location the lower
north district plan part of the comprehensive plan recommended a feasibility study to determine
whether a new police district building was needed this proposal conforms with that recommendation
The City Planning Commission recommends the Board grant the proposed variances for no parking provided at 2100 Diamond Street, non-accessory parking at 2032 Diamond Street, and 2033 North 2nd Street, and a fueling station at 2033 North 22nd Street.
excuse me mr chair uh vice chair um well you're you're on mute um but i think we also should give
yes to respond thank you no problem council you want to respond back to any of the individuals
in a virtual audience or planning i would thank you um first i would just like to note that the
City followed the requirements of the public meeting. We attended the meeting as scheduled
by the RCO, for which I believe it was already covered. It was very well attended. I would also
like to add references to the 32nd Ward RCO. I would just like to note that the 32nd Ward RCO
is currently inactive. So there is no current RCO by that name.
I would also like to respond to questions about the traffic study. May I call Mr. St. Pierre
in order to clarify some of those questions? Sure. Please have me brief. Thank you. Sure.
Just Carl St. Pierre with Pannone Associates.
Just want to let you know that we did complete a traffic study.
A traffic study was completed and submitted to the streets department.
The traffic study is currently being reviewed by streets department.
And we did find that, you know, based on the studies that we performed, that, you know, no significant impacts were to the surrounding roadways networks.
And, you know, so that was the results of the study.
and it's currently being reviewed by streets thank you if i may just ask a clarifying question um my
understanding um is that the uh streets department did approve the zoning aspect of the plan um and
is reviewing the building aspect correct yes they we submitted a zoning level review to streets which
was approved by streets and we are currently under review uh for the building permit stage
Thank you.
Thank you.
Anything else?
anything else other than noting that um the historical commission has already uh addressed
Let's go.
the um concerns regarding this development on um at the end of the historical district
um and that that matter is not currently before this board that's it thank you
No problem. So we had a lot of testimony today on this case. What we're going to do is we're going to take this into executive session and we'll discuss it in this executive discussion and get back to everyone.
And it's going to be January 10th, 2024 at two o'clock on what we decide and what direction we plan on for this actual case.
As of now, the case is closed, outside of what we would discuss in executive session.
Hillary, is there anything else we want to add to that?
No, that is all.
Thank you.
Thank you.
Chair?
I'm here.
Thank you.
So let's move to number three, MI 2023, 001-213-301 Delmar Street.
Richard DeMarco is the attorney for the owner.
This is a resumptive hearing.
Paul Toner also represents the Ridge Park Civic Association.
They will be rejoining as panelists shortly, Mr. Chair.
Thank you.
Good morning, Mr. DeMarco. Could you state your name, please, as spelled for the court
stenographer?
Good morning, Mr. Chairman. Richard DeMarco, D-E-M-A-R-C-O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Okay. Mr. Toner, could you state your name, as spelled, please, for the court stenographer?
You're muted. Sorry, you're muted.
There you go.
Paul Toner, T-O-N-E-R, Council for the Ridge Park Civic Association.
Our address is 1500 JFK Boulevard, Suite 800, Philadelphia, PA.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I do, yes.
So for both of you, I understand the applicant should start.
You're going to finish your testimony.
Am I right, Mr. DeMarco?
I certainly hope so, Mr. Chairman.
So why don't we move ahead?
I'll start right into it, Mr. Chairman.
I'm going to be calling Anthony Brutiniti, who is an architect that we hired since the last listing.
Can you hear me okay, by the way, Mr. Chairman?
You're fine.
Great.
I'm calling Anthony Bruniniti if you could raise his hand virtually, please.
They will be joining us as a panelist shortly, Mr. Chair.
Thank you.
Morning, sir.
Could you unmute, please?
Morning.
Is your video, could you turn your video on, too?
Thank you.
Could you state your name and spell, please, for the court stenographer?
Anthony Brutiniti, A-N-T-H-O-N-Y, last name B-R-U-T-T-A-N-I-T-I.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Mr. Brutiniti, thank you for appearing today.
What is your occupation?
I am a registered architect.
How long have you been a registered architect?
I've been in business for 32 years in Philadelphia.
I was going to say, is that primarily in the city of Philadelphia?
I am licensed in New Jersey, Pennsylvania, and Delaware.
Most of our work is in the city.
We also do a lot of suburban work in the other three states.
And you've been an architect for 32 years?
Oh, at least, yes.
Probably more like 45.
And as far as the duties of an architect, are you called upon when you perform architectural services to know and interpret provisions of the Philadelphia Zoning Code?
Yes. And if you want to if you can just sell the board, how how many projects have you involved involved with in the city of Philadelphia involving the city of Philadelphia zoning code?
and if you want to
Oh, most of them.
I would say most of the properties do have some challenges to them where either we need a used variance or a dimensional variance or one or both of them.
So it's sometimes rare that we get a site that conforms to the zoning code so that we can just do it as of right.
So I do have applications most times in with the zoning board for zoning variances.
Okay. And how many times have you been involved in such matters?
Oh, countless.
Especially over 32 years.
Okay. And have you testified as an architect and as an expert in zoning before this board before?
Yes, I have.
And are you also involved with a community organization? Explain to the board your involvement with that.
Yes, I am the zoning chairman for the RCO South Broad Street Neighborhood Association.
I have been on that seat for approximately 20 years, and I still hold that seat.
And we hear a lot of cases over the years regarding South Broad Street and the boulevard between Washington Avenue and Oregon Avenue.
And so you've testified in both for neighborhood groups and for developers. Is that fair to say?
So I'm going to offer Mr. Brutiniti, Mr. Chairman, as an expert in zoning and architecture in this matter.
Mr. Toner, do you have any remarks first?
I do, Your Honor, or Mr. Chairman.
Mr. Brutiniti, at the last hearing, we heard testimony from an engineer in training on behalf of the applicant in the zoning case.
Are you familiar with Jake Sheridan?
not not personally no are you aware that jake sheridan was the individual who drafted the
architectural and zoning plans for his project yes objection as to relevance are we good one of
wall dear is this something else yep i'm entitled to ask some brief questions about his experience
and involvement with this project you're asking about mr sheridan i'm not my objection mr demar
Mr. Toner, you could continue, but try to go. Let's get past the last engineering training.
Yeah. Mr. Brunetti, did you draft any of the zoning plans that were submitted as exhibits in this case?
Did you draft any of the earth moving plans or have you drafted any earth moving plans for the applicant in this case?
No, I have not.
Have you drafted any type of zoning, architectural, engineering, site plan, anything similar to that for the project I'd issue at 301 Delmar?
No, I just did a report regarding this application. That was my involvement.
And what was the scope of your report?
To analyze the zoning refusals that were issued for this application.
Mr. Bergman, I'm going to object to the competency of this witness to testify as an expert.
What Mr. Brutinetti has proffered to testify on are pure legal zoning matters.
An architect is not a lawyer or an architect is not in a position to make legal conclusions about a project that he did not even draft.
He has no firsthand knowledge of this project and the plans that were submitted and are before the board today.
now mr chairman may i go ahead this is cross-examination it's not it's not an objection
to his competency he's he's mr bruden idiot reviewed all of the drawings he's not required
to testify as an expert to have done the drawings he allowed he's allowed to review other people's
work and offer opinions that's why he's an expert and has been qualified as an expert from this
word multiple times. This is cross-examination, not competency. So I'm going to recognize that
he's a very long-term architect, and he can testify to what he reviewed, but I'm not necessarily
going to make him an expert in this field. So whatever he reviewed, he can testify to that,
and Mr. Turner will have an opportunity to cross-examine him. Very well.
I'll continue. Mr. Brutiniti, what did you review? Did you submit, prepare an architectural
report for us in this case yes I did tell the board what you reviewed as part of that
Tell the board what you reviewed as part of that preparation.
Basically, I reviewed the drawings that were created by ACWA Economics.
They were the site drawings and topography drawings created from the site itself.
And I reviewed, I went to the site to take a look at the site and also took some photographs of the site.
Pretty much so. And also, naturally, the zoning refusal that listed all of the zoning variances that were requested so that I can make an analysis of the zoning refusals based on the drawings.
And did you also review the slope analysis prepared by the engineer in this matter?
Yes, I did.
And did you have any concerns about being able to offer an expert opinion today based on what you reviewed? Are you able to make that opinion?
Yes, absolutely.
Let me go ahead and put your report on screen.
Mr. Brutinetti, bear with me.
Can everybody see my screen okay?
We should.
Thank you.
Are you also a LEED certified, Mr. Brutinetti?
Yes, I am.
Explain to the board what that is.
That LEED is for leadership in energy and environmental design.
It's for sustainability in buildings.
Naturally, we try to incorporate a lot of sustainability when we design buildings to be energy conscious.
So I have a professional licensure in LEED for that.
All right.
Do you reach the conclusions that you're going to speak about today within a reasonable degree of professional certainty?
Yes. So let's get to the project itself. What is your first of all, the opinion is, did you submit a written report?
And is that part of our exhibits that we've submitted to the board for today's hearing?
Yes. And do you see that report on the screen? Yes, I do.
All right. So let's do this. Is this property, in your opinion, uniquely shaped?
It is very much so. Why is that?
Your Honor, this is calling for a legal conclusion. These determinations are for the board, not for a third-party architect.
Yeah, it's not calling for a legal conclusion at all. It's a very simple question.
Mr. Turner, I understand what you're saying, but I'm going to let him answer that question.
Go ahead. Why is it uniquely shaped, Mr. Brutnetti?
The property is shaped like a trapezoid, almost like a triangle, if you may, or like a pie shape.
And where the address is on Delmar Street, that is at the apex or the cone of the trapezoid, which is the narrowest part.
And that cone, in essence, is only about a little over two feet wide.
As you can see from the screen right now on the left side, the far left side of Delmar Street, that line right there, that's about, according to the survey, was a little over two feet wide.
going toward the south side of the property, toward the right, that depth of the property
is only 29 feet 6 inches. So you can see how the property tapers in very drastically. So it's a
very unique site, a very difficult site to design from, given the fact that it's inherent shape to
the property. So for the record, Mr. Chairman, so we're clear here, I put on the screen a
Mr. Brutiniti referred to the porch numbers of his report that shows the slope analysis.
Is that right, Mr. Brutiniti?