If I could have your attention, please for a moment.
» I just want to go over the hearings for tonight. First hearing is going to be 28
Locust Street. Second hearing will be 260 West Milton.
Third hearing will be 34 South 13th. Fourth hearing will be 329 Folk Street.
Fifth hearing is 1100 Bushkill Drive. Sixth hearing is 1111 to13 Bushkill
Drive. Last hearing will be 36 South 12th Street. And we'll be starting
momentarily soon as the rain stops.
You ready? >> Yeah. Go for it.
» Are you ready? >> Ready.
» All right. I'll open the first hearing. The secretary be the purpose, please.
» All right. Applications hereby made for a public hearing before the East and
Zoning Hearing Board for a property known as 28 South Locust Street Zoning
District, West Ward, block class C. Variance is as follows. 59515D
proposed rear yard setback of 12 feet 10.5 in required as a minimum rear yard
setback of 25 ft 59533 J3 proposed north and south off-
streetet parking spaces are less than the 4ft sideyard setback required off-
streetet parking spaces shall be at least 4 feet from any side lot line. The
above action is request to proceed with a proposal to build a two-unit duplex on
the existing lot. The appellent is Michael Brett at 123
South Third Street, Eastern Pennsylvania. Uh the owner is the
Redevelopment Authority of East Pennsylvania, 123 South Third Street. Um
50 adjacent property owners were notified and it was published in the
press. >> Thank you, sir. See the applicant is
present. Is there anybody else here in the audience that wants to speak at this
hearing?
All right, I'm going to have you guys sworn in now. Do you want to stand up,
please?
» This just for 28. >> This is just for 28 Locust Street.
» You're here for another hearing. You don't need to be sworn right now.
I do. [clears throat]
» Yep. >> Yeah, the rain's super loud.
» Y >> Mr. Tman, with this property posted?
» Yes, it was. >> Okay. You want to start, sir?
» Yep. Thank you, uh, Mr. Chairman. Uh, my name is Will Edinger. I'm the solicitor
for the redevelopment authority. Last name spelled OE T. I n ger. We are here
on 28 South Locust Street for variances related to rear yard setback and uh
parking relative to the sideyard setbacks. Um just some history on this
property. It was formerly a a blighted property which was acquired by the
redevelopment authority through eminent domain. Um to the rear of the property
is Dutchtown Park. Um there are some challenging physical features to the
property like steep slopes. Um in 2022 the redevelopment authority in
conjunction with the city uh did a lot consolidation plan in which it took what
I would call basically jigsaw pieces and made them into a regular lot. Um the
to the north of the property is the parking for Dutchtown Park uh which and
the park itself form is the backyard to this property. Um the proposal is to
have a uh to construct a duplex with one unit being uh owner occupied and the
other unit to be basically an aging in place facility. Um,
but other than that, we are required to have three parking spaces and this is a
limited site and there's not a lot of on street parking at this spot. Um, it's a
class C block under the zoning ordinance. Um, so to provide on-site
parking, we really the only place we can place it on this property.
» So, so you meet the parking um criteria, just not the the width of the parking
spaces. Well, the the parking spaces themselves are wide enough. Just their
location relative to the property to the sideyard is too close to the sideyard.
Um, in one instance, the neighbor is the
city of Easton. It's its parking lot. So, uh, and on the other side, there's
what looks like a crumbling down parking spot already, but we would just be
cleaning that up and putting a parking spot there.
though the the board is aware. Would you identify yourself for the record,
please? >> Sure. My name is Michael Brett. I'm the
deputy director of the redevelopment authority here on behalf of the
redevelopment authority. >> Thank you.
So the first set is um the planning application where you can see the kind
of chopped up. It was originally three lots, 26 Locust Street and 28th Locust
Street. Um as you flip through the proposed lots and ultimately became the
approved lot um known as 28 South Locust Street is a combination of a
consolidation of the two smaller lots and then a lot line adjustment with
Dutchtown Park behind it to square it off and give it, you know, a more um
buildable surface area. And the final um print out is the proposed zoning
diagram. So it shows the residents um in elevation and plan. The lower um the
lower unit as as Mr. Edinger described is an ADA compliant wheelchair
accessible aging in place unit with a um a300 foot home built on top of it.
» And for the record what Mr. Brett just described
uh along with another attachment a memorandum
and the planning commission resolution dated August 3, 2022
uh has been marked as exhibit A1. >> Thank you.
» We're happy to answer any questions from the board.
» Uh the uh re our setback is that proposed u lot one or two. So it's it's
one lot because it's a dup a stack duplex.
» Okay. >> So it'll be one 12 foot 10 inch setback
to the rear yard which to the rear property line which is itself um city
property. >> So it's in order to meet the rear
setback the building orientation or dimensions would take up more street
frontage. Um but to maximize the street frontage to get um three off streetet
parking spots we we approach it as a kind of
short and a narrow um footprint so that we can maximize the street frontage for
driveway aprons. Um so it was like one way we weren't going to get we're going
to be sacrificing something either way and I think the parking is more
valuable. It was our kind of judgment call on this.
» Any other questions from the board?
» No, no further questions. You have anything
else you want to add? >> No, that's all. Just ask respectfully
that you grant the variances as requested.
» Was there anybody I forgot? Was anybody else warning? Wasn't it? Was there?
» All right, I'm close the hearing. [clears throat]
» Yeah, I mean
I'd rather have
Yeah, absolutely. >> Motion to approve by Mrs. Panto.
» Second. >> Second by Mr. Lopac.
» Miss Panto. >> Mr. Loac.
» I >> Mr. Civetella.
» Hi, >> Miss Thomas.
» Hi. >> Granite. Good luck.
» Thank you very much. Have a good evening.
» [snorts]
» All right. Open up the next hearing. Your secretary with the purpose, please.
[clears throat] >> All right. Applications hereby made for
public hearing before the East and Zoning Hearing Board for property known
as 260 West Milton Street zoning district southside street corridor
enhancement block class B. Special exception 59514F13F1
proposed a 6' high fence in the sideyard. Requirement special exception
for fences over 4 ft in height. Above action is requested to proceed with a 50
foot by 6 foot high pressuret treated lumber uh standard privacy vertical
boards with one gate fence. The appellant is Raymond Gonzalez at 913
Woodbine Avenue Ben Salem, PA1 19020. The owner is um Katherine uh Puffer at
260 West Milton Street, Eastn PA. Uh 29 adjacent properties were notified and it
was published in the press. [clears throat]
And then I have uh the East and Planning Commission resolution from August 5th,
2026. Now therefore, it be resolved that the East and Planning Commission
recommends to the zoning hearing board that the special exception be granted
for the six-foot fence at 260 West Mil Street based on the findings that the
proposed use is generally consistent with 59507C
considerations for special exceptions request 59540C
criteria for special exceptions in the city's comprehensive plan with the
following conditions. One, the applica application is subject to any conditions
the zoning hearing board may impose. Two, all additional comments from the
zoning administrator, zoning hearing board, codes and planning department and
city engineer shall be met. >> Thank you, sir. Is the applicant
present? Come forward, please. Is there anybody else that's here for this
hearing?
I have many standing, please. It's going to be sworn in.
And Mr. Tman, this property was posted. >> Yes, it was.
» If you give your name and address for the record, please.
» Yeah. Deter. I don't think it's on. Is it on?
» Yep. There you go. >> Katherine Feifer, 260 West Mill.
» Thank you. Okay. Tell us why you're here.
» Um, I'm just purchasing a fence because the area is a little bit dangerous and I
have a dog. So, your 4 foot fence, a 4 foot fence is
not um good for you. Why? >> That dog's definitely going to jump over
that fence. [laughter]
» That's hard to argue with.
So from the from the photo we have is that the defense cover looks like it's
almost triangular. >> Yeah. Back um one just because it's a
little bit of a dangerous area if you're looking around the corner. We wanted to
make sure you could see the corner. As you know Milton and Philadelphia is
pretty pretty intense. So we did that. And then also my neighbor owns some of
the yard on the side. So, we wanted to be cautious of that as well.
» Okay. Any questions?
» Just one, when you say dangerous, are you talking about the traffic
surrounding the property? >> Yeah, I would say the traffic and
there's a lot of car accidents there. >> Thank you.
Has your dog jumped to 4ft fence? Um, no, but he jumps. Um, he's a cattle dog,
so in training he kind of jumps for fun. So,
» okay.
» All right. Any other questions?
» All right, reporters. No further questions. You have anything else you
want to add? >> All right. Close the hearing.
I have a dog.
» Yeah,
» Mr. Thomas made the to approve. Second, Mrs. Panto.
» Miss Thomas. >> Hi,
» Miss Manto. >> Hi,
» Mr. Civetella. >> Hi,
» Mr. Lopac. >> Hi.
» All right. Where'd she go? >> Thought you jumped the fence. All right.
[laughter] >> It's been approved. Good luck. You don't
have to stay. I mean, you can if you want to, but you don't have to.
Ruin >> sir. All right. I'll open up the next
hearing. The secretary read the purpose, please.
» All right. Applications hereby made for a public hearing before the eastern
zoning hearing board for a property known as 34 South 13th Street Zoning
District Westward Street corridor enhancement block class C. Variances as
follows. 59515 F6 proposed 19 foot and a half uh wide
driveway required driveways shall be no more than 10 ft wide. 59533
J3 proposed zero sideyard setback required off- streetet parking shall be
at least 4T from any side lot line. The above action is request to proceed with
uh they want to remove old bricks and replace them with concrete so that cars
can park in the back of the house. Uh, the pellant is Glad Glattis Orons at 348
Wed Wedgewood Drive, East NPA 18045. The owner is Suzanne
Peter Rosowskis. Sorry if I messed that up. At 34 South
13th Street, East NPA. Uh, 40 47 adjacent property owners were notified
and it was published in the press. >> Thank you. See the applicant is present.
You want to rem remain standing. Is there anybody here in the audience that
wants to speak at this hearing?
» I ask you to be sworn in now.
» All right. You may be seated. If you could um Mr. Tilman, this
property was posted. >> Yes, it was.
» And Mr. Chairman, before you proceed, if I may, Mr. Tilman, unlike uh the others
in our uh packet tonight, uh there was no authorization included with this
particular appeal. Is there one on file? >> There is.
» There is. Thank you. >> If you could give your name and address
for the record, please.
» Is that on? The microphone on? >> Is have turned on? There you go.
» Brian Rodriguez, 341 13th Street. >> And your name in?
» Gladis Rodriguez. Uh my address is 348
Wwood Drive, Houston, PA.
» Thank you. >> So tell us why you're here.
» So we would like to install a driveway in the back of the yard. Um the the
yard's basically useless anyways other than for a driveway and we think it'd be
really convenient especially in the winter when there's uh you know state of
emergencies and they make everybody clear out 13th Street like no one's
allowed to park there be easy for >> Do you have photos there?
» Yeah.
You want to give them to the secretary first, please?
» Yeah.
Would
you like to come up and identify these after I marked them?
Okay, I've marked this photo A1. If you can identify that for the board, please.
» Oh, so that's the entrance from the alleyway into the yard.
» You want to pass it down? >> It's in the front.
» And I've marked this as A2. Would you identify that please? That is the
current patio driveway
» already there.
» And A3,
that's a little area that we'd like to turn into a garden once we're done
renovating the house.
and A4.
» That is a picture of the alleyway behind the house.
» Just showing that the other properties, >> this is A3,
» also have a fairly small yard. >> Mr. Tilman, if I can interrupt for a
second. What does A3 have to do with >> These are just photos of his rear yard
that he took that the applicant took. So, but this has nothing to do with the
with the parking pad >> typically. No,
» no, he's just showing the description of his backyard.
» Is there any kind of impervious surface? >> No, he's in a street. He's in a street
corridor, so he can go 100%. >> Okay.
» Yeah. No, you can.
» And this is A5. That's the rest of the patio driveway.
» No, this is the drive already there.
» Folks, can we keep >> Oh, okay.
» Yeah. So, there's like a patio patio driveway
and then a six
That's another view of the entrance from the alleyway into the backyard.
» And there are [clears throat] there are uh landscaping stones there. Is that an
accurate description? >> Ugly landscaping stones.
» Replace all of that. >> Was that six?
Yep. All right. This is A7.
» It's basically the same photo. It's just >> You want to just keep that one then and
we'll mark the next one. A7.
» All right. Then the replacement A7. Would you describe that, please?
» Uh, again, another photo showing that other neighbors also have
100% driveway for our yard.
May I?
Thank you.
So, in other words, you're not you're not going to have any green yard at all.
» Yeah, we will. In that one photo that I showed that I said I want to turn into a
garden. >> Okay.
» Yeah. >> I mean, he means green that you're going
to park on. >> So, you're not going to park on
» I wouldn't I would not like to park on grass. I would like to park on concrete
or asphalt, >> right? Yeah. No, Mike, with all due
respect, that's not what I was >> asking if he was going to have any green
grassy yard at all. >> Well, there it would be about a 25 Well,
no, I think it's a 20 by like three foot area.
» That's that area that I want to turn into a garden.
And what is the size of the rest of your yard that you're planning on? You You
keep saying driveway. Is it Is it just >> It's already covered in concrete. It's
just It's all busted up. And
» I think it was I I don't know which which how you marked it, but you can see
in this photo that there's a concrete slab right here.
» Okay. >> And then there's a paver area right next
to it. So your your entire yard is already
» Yeah. >> concrete or or
» I just want to replace it with something nice.
» And this is just for cars in your household.
» Mhm. >> And how many cars you have?
» There'll only be two. >> Maybe two.
» Yeah. Once I'm able to move in. >> Once I'm sorry, what?
» Once I'm able to move in. >> I'm I'm renovating it. Currently living
with my mom. So, it's just going to be you in the
house. >> Mhm.
» And your mom? >> No, just me.
» Well, then you have two cars. >> Yeah. A truck and a
» Okay. Okay. >> Any questions from the board?
» I know there were some people that wanted that were sworn in.
You want to come forward, please?
If you would state your name and address for the record, please.
» David Cubic, uh, 36 South 13th Street. Cubic. K U B I C.
» My only concern was it was brought to our attention by the realtor that it was
going to be a multi-purpose home and it was listed as a single family. If it's
him, and it's just him living there.
» I have no objections. >> That's I think that's I think that's
what he said, right? There's no >> that's what he just stated. That's when
my whole I was like, "Okay." Because it was brought to our attention from the
realtor that it was to be renovated and made a multi-purpose home. And I'm
thinking to myself, you know, >> we've been here for 17 years. All of the
neighbors on the block has been here for more than 20 years. We maintain that
alley. We snowblow it. Um I have neighbors with disabilities, so you
know, to try to keep it open in case there is an emergency so they can get
their cars out of the back in the winter time. It gets to be a community effort
back there. So, that was my major concern. If it's him, welcome to the
neighborhood. If it's his two cars, I can handle it. So, I don't
» And again, you don't Your plan is not to have it a multi-unit
» place. No, no. One family for the house. >> I only seen him in passing one time. I
wish he would have introduced himself. You know, we could have had this
conversation probably in the backyard. Unfortunately, that didn't happen. I
hope to see him in the future and >> you know, we can go from there.
» Looks like there are no backyards. [laughter]
» Listen, I have five tomato plants in my backyard. So, all right. There you go.
» You know, you know, we we do have a little bit of
backard and you know, everybody tries to keep their stuff.
We were just concerned that, you know, it was going to be a parking pad for
» for apartment. You know, like I said, like it was said to me to by the realtor
before they [clears throat] had purchased the house. That's what the
intentions were. I don't know if that was maybe that was a different seller
for all. I was just concerned. >> Well, he stated on the record that it's
not. So, >> which is fine.
» Got him on that. >> Thank you for your time.
» Thank you. >> Thank you.
» And Mr. Mr. Tman, if I may, just for the record, what is the current designation
of this property? >> It is an A2 semi- detached dwelling.
» Single family. >> Single family.
» Thank you. >> Okay. Anybody else that was sworn in?
You weren't sworn in. >> Well, there
sir, were you sworn in? You weren't sworn in.
» Okay. >> Yes.
Yes, >> I do so swear.
» You give your name and address for the record, please.
» 1236 Northampton Street. Will this construction of yours in your
surrounding property affect my restaurant, Brooklyn Eats, SNS, my
awesome neighbors, or the Paxosa school? >> No.
» Any of that surrounding area? No. >> All right, then. I wish you the best on
your construction then. Thank you. >> Thank you.
» Thank you. >> Anybody else?
» Any other questions from the board?
» You have something?
» So that's a good point. So, um, so you're going from
your >> property line to property line,
» property line to property line >> wide,
» zero yard setback. >> Is that
» And I don't have a measurement of of it. We don't have any drawings or anything.
Is that necessary to fit two cars or is that
» just just for like a approach angle and since it is a fairly narrow driveway in
the back and I have quite long truck uh just to be able to to have some more
approach angle. >> You have a 19 and a half wide driveway.
» Mhm. [clears throat] >> I'm trying to follow suit. Yeah.
» And then, you know, having one car parked, let's say, to the left and then
I would try to come in with my truck and park it on the right side.
» Yeah. >> Just to have two two parking spots.
Could you could you have a foot on each side?
» How how wide is the property? >> I think the property is about 20 ft
wide. >> Oh, just 20.
» Yeah.
» 10 ft. 9 ft is the >> That's 9 ft
9 by 18.
I know. Yeah. So, what we're
» Would you would you be agreeable to have a foot on each side so that you have
some space between property lines so that you can at least uh take care of
the property on your own side. So if you're if you're from property line to
property line, you have to go on somebody else's property to take care of
it basically. [clears throat] >> And water runoff.
» And water runoff also would be >> you give yourself a little bit of
permeable surface. >> I I can do that. Yeah.
» Okay. >> I I'll put a one foot
margin on either side of it. So, you realize that is going to require that
you uh on the record modify your appeal to request not a zero sideyard setback,
but a one foot sideyard setback on each side.
» I'm I'm sorry, one one more time. >> It's okay. We would ask if that's what
you're willing to do uh that you verify you are willing to revise your appeal to
request a one foot sideyard setback on each side of the property.
» Okay. >> Instead of zero
» So would I would I have to resubmit that application and come here again?
» Nope. I'm asking you to do it now on the record.
» Oh. Uh yeah. Okay.
All right. Any other questions?
» Now, Mr. Chairman, do you want to specify that that one foot setback be
saw or grass and not stone or any other? >> I understand.
» I I don't I don't typically have a preference. No, I mean Okay.
» Jacob. >> Okay.
» Just just ask.
» All right. The board has no further questions. Do you have anything else you
want to add? >> No, sir.
» All right. Thank you. I close the hearing.
» I would suggest the board consider attaching a condition prohibiting rental
of the spaces to
Mr. Thomas, Mrs. Thomas and make a motion. Okay. To approve
» Mr. Lopac. Second >> with that condition.
» That condition. >> Yes.
» All right. Uh, Miss Thomas. >> Hi,
» Mr. Lopes. >> I,
» Miss Mr. Civetella. >> Hi,
» Miss Panto. So, it's been it's been approved with the condition that you can
only use it for people with that property.
» Can't rent it out. >> Okay.
» Okay. >> Thank you.
» Thank you.
Ready.
» Ready. All right. Open up the next hearing. Your secretary to purpose,
please. >> All right. Applications hereby made for
public hearing before the eastern zoning hearing board for a property known as
329 Folk Street zoning district southside block class C. Special
exception for an A7 multifamily and variances as follows. 59514C1
proposed an A7 multifamily dwelling required a special exception.
59514D proposed existing lot area of 4,875
square feet. Required minimum lot area of 5,000 square feet. 59514D
proposed existing 5 foot bill line required a three-foot build two line.
59514D proposed existing zero rear yard setback
required a minimum 25 foot rear yard setback. 59514D
proposed existing imperous coverage of 67%.
Required maximum impervious coverage not to exceed 50%.
59514F3 proposed. No street trees require street
trees shall be planted along all streets in accordance with chapter 5542 and as
determined by the city forester 59532A2A proposed 1219 square ft per dwelling
unit required a minimum lot size 1250 square feet per dwelling unit. The above
actions request to proceed with the conversion of an A2 mixed residential
business into an A7 multi-use. The appellent is Atten Vermin at 831 Walnut
A Eastn PA 18042. The owner is Avis Property LLC at 831
Walnut A Eastn PA. Uh 38 adjacent property owners were notified. It was
published in the press. We also have the resolution from the
Eastn Planning Commission dated August 5th, 2026.
Now, now therefore, it be resolved that the East Planning Commission recommends
to the zoning hearing board that the special exception be granted for the A7
multifamily use at 329 Folk Street based on the findings that the proposed use is
generally consistent with 59507C. Considerations for special exception
request 59540C criteria for special exceptions and the
city's comprehensive plan with the following conditions. One, an impact
assessment and mitigation statement is submitted and reviewed by planning
commission as part of the land development application. Two, the zoning
hearing board consider new information provided by the applicant at the August
5th, 2026 planning commission regarding the applicant's commitment to planting
forestry trees along the frontage of the property. Three, the applica application
is subject to any conditions the zoning hearing board may impose. Four, all
additional comments from the zoning administrator, zoning hearing board,
codes and planning department, and city engineer shall be met.
» Mr. Tman, I um And I could have heard it wrong, but did you say A2 or A12?
» Did you hear it? >> It did say A2 and I was going to wait,
but it is an A12 existing. >> All right,
» is is the applicant present? >> Is there anybody in this audience that
wants to speak at this hearing? >> Have you stand up, sir, be sworn in,
please?
Yes, I do. >> Okay. You want to give your name and
address for the record, please? >> Hatton Verma, 831 Walnut Street, Eastern
PA. >> And uh chair, Mr. Chair, this property
was posted. >> Thank you.
» You can tell I forgot, didn't you? >> Did. All right, sir. Tell us why you're
here. >> I'm requesting to turn this uh
commercial unit into a three unit apartment building. It has an attached
house is one lot is one parcel and it's due to the hardship that I'm going
for this because I'm not able to rent that spot out at all and I'm not looking
to construct anything outside the building that is already
existing. So everything that is I'm doing or proposing it's inside. So I'm
not increasing the footprint. I'm not doing nothing that sort.
Can you speak then to the all the proposed um
codes that you that you know that are our codes don't allow for you? So you
could tell the board you know why you need all the variances and I think one
is a special exception. >> Uh which one?
» All of them. >> I don't have anything in front of me
right now to tell you. Um,
» so you have a so you have a minimum lot area of 5,000 square feet and you're and
you're proposing 4,875. You have a three foot build to line. You
need five feet to build 25 foot rare setback. You're proposing
nothing. You have a maximum impervious cover
coverage not to exceed 50%. You are at 67%.
Uh, you're proposing no trees when it calls for trees.
No, I am proposing trees. Four trees. >> You are?
» Yes. >> Per the
» Oh, okay. Okay. I'm sorry. >> And then the minimum lot size of 1,250
ft versus your 1219 square feet. So,
let let me see if I can make this easy. Uh in your opening statement, did I
understand you correctly when you said that you were having difficulty renting
the commercial unit? >> Yes. Because of uh the traffic that will
bring to the neighborhood. Um uh we proposed barber shop that got denied. We
proposed a couple other units and they were denied different businesses and
there was one approved but then neighbors complained because it was
actually helping. It was something to do with community helping and these people
will line up front of the location early morning like 7 o'clock 10 20 of them for
whatever they the business was I think they were helping they were government
site something like that but anyways they were denied to renew the lease for
the second time since then we haven't been leased at all
» okay and so all you're not there are three separate units in the building
presently So there is
so there's a house same parcel same lot there's a house attached and then
there's a building which is commercial also attached so it's like I guess this
was mix right so the commercial building that is there
this is the entire commercial building right here and we are just dividing that
within the premises that exist two into three apartments
and they all have because the corner property it has all all the three
apartments have their own entrances and windows.
» There are two buildings on this property.
» There is a house attached to the building.
» Are they both on the same property, Mr. Tman?
» They are. So if you look at
and the packet here at the corner one. So, this single family house, well, it's
a part of the mixed juice, but it's connected to the commercial building.
Got it. >> Which I'm not touching at all. That
stays as is. >> I was going to ask you that. So, you're
doing nothing with the house. >> We're not doing nothing with the house.
» And the house is just a single family. >> Single family. Yes.
» And we do rent out to section 8. So, that's what's going to be used for as
well.
We're not changing anything on print. No,
» only interior.
» Exactly. Right. Correct.
» I see a garage. Is there Is there a garage?
» That garage is going to turn into like a studio apartment.
» Okay. That garage was for the house.
» No, it was for the commercial. >> Commercial.
» Yeah. And when you were talking about the the
denied rentals, did you own it during this? Can you give a little more? That
was >> I own the property for past five to six
years now. >> Okay. And throughout that, you've tried
to go to a garage. They got denied so forth and so on. So you've made various
attempts for five years. >> Yeah. And where the garage is, that's
like a very narrow street. It got parking on both sides. And um
so we did rent it out to a um milwork business but they were having difficulty
getting big trucks delivery so they left.
» Yeah.
So with those four dimensional variances involving existing conditions, you're
going to plant four trees in the front to address 59514F3
leaves you requesting a 31 square foot per dwelling unit variance for each of
the three new residential units. >> Yes, please. boils down to
try.
Do you have any other questions for him? Any
questions? No further questions. Anything else you want to add?
» Okay. Close the hearing.
You do want to attach as any approval you enterainment
that he installed those four. >> Okay.
We can do it the planning commission. >> Okay.
Who made the motion? >> Mrs. Pens made a motion to approve. Mr.
Lac second with that condition. >> All right. Miss Pa.
» Mr. Lopac. >> I.
» Mr. Civetella. Hi, >> Miss Thomas.
» Hi. >> It's been approved with that with the
condition to add the port trees. >> I will definitely will do that. Thank
you very much. >> Thank you.
» Good luck. >> Thank you.
» Yeah.
» Mr. Chairman
desire to Do you
» I'm okay. >> Yeah. Okay. We're doing this separate,
right? >> Yeah, we are doing it separate. So maybe
if we need to >> Okay. All right.
Are you ready? >> Yep.
» All right. Open up the next hearing. Second to read the purpose, please.
[clears throat] >> All right. Applications hereby made for
a public hearing before the Eastn Zoning Hearing Board for property known as 1100
Bushkill Drive, zoning district river corridor, block class B, special
exception for an A12 mixeduse residential business and variances as
follows. 59517 C5 proposed an A12 mixed residential
business required a special exception 59517D1
proposed building height of 62 ft required a maximum building height of 40
ft 59517F3 proposed shrubs along the street side of
the building required street trees shall be planted along both sides of all
streets in accordance with chapter 5542 And as determined by the city forester
59517F6 proposed driveways driveway to be 24
feet wide require driveways access via street and not an alley shall be no more
than 10 ft wide. The above action is request to proceed with construction of
a mixeduse residential commercial building for the redevelopment of
existing property along Bushkill Drive. The pelen is Brandon Walker at 1 Oxford
Center, Pittsburgh, PA5219. The owner of the property is uh City of
East at 123 South Thirdrd Street, Eastn PA. 25 adjacent property owners were
notified. It was published in the press and resolution from the Eastn Planning
Commission July 1st, 2026. Now therefore, it be resolved that the Eastn
Planning Commission grants conditional preliminary approval of the submitted
plan titled the Foundry Site Development Plan provided that the applicant aderes
to the following conditions. One, the plans shall comply with the planning
staff's analysis memorandum dated June 22, 2026 and comply with all comments in
the April 24th, 2026 letter from LVPC. Two, the zoning hearing board grants a
special exception and variances required with this application and subject to any
conditions. The zoning hearing board may impose all variances that have been
addressed and submitted revision shall be withdrawn on record. Three, monuments
and markers shall be verified and shown for all corners of the property. Four, a
note indicating the site is not within the 100year foot flood plane shall be
added to the plans. Five, standard approved uh city certificates shall be
added to the plans. Six, all additional comments and concerns of the city
engineering engineer, city forester, zoning administrator, fire department,
codes department shall be met. Seven, the plan shall not be recorded and with
the county of Northampton, Pennsylvania to all plan titles and certificates are
endorsed by authorized signatures. >> Thank you, Toman. Um, is the applicant
present? >> Yes. Anybody here for this hearing?
Anybody that wish to speak at this hearing? I need you to be sworn in now.
If you don't, if you're not going to be sworn in, you're not going to speak
later.
» Mr. Chair, this property was posted. >> I I was getting to that.
» Oh, I'm sorry, sir. [laughter]
» Hi, y'all. >> Councelor, if you could have your um
applicants give their names and address for the record, that'd be great.
» Can just make sure that's on. >> Hi, this is Mark Mulligan, uh VM
Development Group representing the preferred developer. Uh address 1 South
3rd Street, 9th floor, Eastern PA. Gretchen Rice representing VM
Development Group 1 South 3rd Street Eastern PA.
» I'm sorry, your last name >> Rice. R I
» Oh, Rice. Okay, thank you. >> May proceed. And sir, you are
» Brandon Walker. I'm with HDR Engineering for the project and that would be uh
Oxford Center, Pittsburgh, PA1529. And before we proceed, Mr. Chairman, Mr.
Tilman, can I just ask one thing just to get it on the record? Was there a
determination made as to whether that this port this property or any portion
of it is located in the flood plane? >> The the back end where the
the storm water um ripin uh just just barely breaks the
boundary of the flood plane, 100-year flood plane. Um, we had discussions with
the city and uh with Brandon Walker that will be relocated outside of the
100-year flip. >> Okay. Thank you.
» Now we can proceed. >> Good evening. Um, thanks for seeing us
this evening. Um I just wanted to state for the record that uh we it came to our
attention uh late on Friday and more into Monday even though we had gone
before the planning commission and shown our plans and so on and you know we've
been working with the city's team for better part of two years and this
project's been in progress for five years and it's gone through a couple
iterations that um some members of the public did not like the uh facade design
uh that we uh had proposed at this point in the project uh and that we are
planning to meet with council next uh month and propose a variation on the
shell of the building. But that is not to say that we are here tonight though
to solidify the zoning uh request that we have here tonight to try to then
solidify the shell of the buildings so that we're all uh we're all on the same
page. So that's why we're proceeding this evening and we're happy to take all
the questions necessary um you know at that council meeting andor at the next
planning commission meeting as it relates to shell and design and scope of
the exterior of the building. >> Thank you.
» Um as it goes to today and tonight's um very limited scope um we're here to
discuss um this building. There are two this is on one side but they're
separated by the street. So we're actually here for two applications. Um
that is the current look of the shell as of Friday which will most likely be
changing in the month of September. That is the represents the parcel. If
you'll notice the what u you know what Dwayne was just talking about and being
asked about is the storm system actually is shared on both properties
and then goes through that all the way in the far right outlet is the outlet
that was being discussed. It's barely inside the buffer. Technically, D
already granted us the uh the waiver to put it exactly there, but it's not a big
deal. When engineering looked at it, we can pull it back a few feet. It seemed
to be some concern. It's no problem at all. We're here to try to please as many
parties as possible. Um but yep, so the first thing we're here for tonight is
the special exception, which is really just a figure of the fact we're in a
special um we're in a special exception zoning corridor, which is the river
corridor. Um and as that is just I don't if you remember with the silk mill uh
you know every business was special exception in the river corridor. So um
we feel that you know we already have a lot of mixed use in the river corridor
and we're hoping that that continuation of developing this actual Bushkill
corridor with mixed use is still in keeping with uh zoning compliance. So
there's really not much more to say other than this is a accepted principle
already all over the silk mill and was granted before.
one of the two actually three right we have three on this property variances
right we have building height that's the first one the original proposal we
proposed to um the city back in 21 and then reproposed in 24 the mic is not
liking me um required us to get a at least a 10 foot variance because we were
doing a structure and then three floors above now we're just doing four floors
so it's basically the The reason that we are asking for at
least 10 ft and possibly 20 feet, it's not quite 62. Um, it's actually 60 ft.
when we actually looked at the plans more carefully um by just to explain it
a little bit at a time the way that we would like to make the apartments
instead of having eight foot ceilings which are very low more in keeping with
the mill and other buildings in the corridor as you can see building K I
don't know if anyone has visited the silk mill recently the big building D
the large buildings there also down the street you have Hmel Lumber and then of
course the paper mill all are tall buildings we believe those represent the
masses of the buildings in the corridor, not the, you know, not the small homes
and various other businesses that are located directly across the street.
That's our that's our feeling on it. And we would like to have apartments that
had higher ceilings 10t, which is why we're proposing going from 40 to 50 ft.
That would be 10 ft outside of the current zoning request.
We would also like to go an additional 10 feet. Um, we have the support of the
Carl Stewart Arts Trail here tonight. Jim Toy is here. is the executive
director and uh we feel that um it's important to show off the the site.
They're actually already planning on leasing the commercial space on the
first floor as their trail office and and gatherings place. And they would
like to also have a roof deck where they can host parties and fundraising events
to help the trail, which the city will be building after the fact. Really not
on us. That's going to be on them to do all that along the river corridor um on
the edge of the property. and they would have liked us to do a um a roof deck.
And in doing that, we would need the elevator to go to the roof and we need
at least one stair tower to go to the roof. So that's the additional 10 feet.
The reason it says 62 feet is that's technically the top of the building, but
technically it's occupied space under the zoning, which is brings us down a
couple more feet to what we'd actually be requesting. So we need 60 feet of
zoning and 62 feet in reality. I'm not sure if that how that is exactly if that
makes any sense to you. Um, so that really explains Oh, one more. Go back.
Um, what are we missing? >> I just wanted to
» for clarity, the building is 50 ft high. >> Yep.
» There is a very small elevator shaft and stair
tower that would extend an additional 10 feet above that 50 ft. We could probably
get four stories in the 40t requirement, but we would rather have a product
that's got a 10 foot ceiling than an 8 foot ceiling. We feel like that's a
better quality product. Feel like that's better all all around and in keeping
with the other products and other buildings in the corridor as Mark
mentioned. >> Yeah.
» So, we're not asking for a 62 foot building, but the way the zoning code is
written, you still need a variance to accommodate that elevator shaft and
stair tower. to clarify that because I'm wondering where the extra 10 feet was
coming [laughter] from. Okay, >> thank you. Well,
» so and as Mark was saying, building K, the silk mill is 73 feet. This building
would be 50. >> If I may though, just clarify because
I'm not quite clear now. [laughter]
» The amenity on the roof >> presumably will be fenced in or or
enclosed so nobody falls off the roof. No,
» no, it'll have a fence, but the So, you imagine the building is 50 feet high to
the to the top of the parapit, let's say. Okay. And then
» 10 more feet for an elevator shaft and stair shaft for people to get in and out
of that area. Then around that will just be open space with railings.
» Well, that's what I'm saying. It will it will be enclosed with railings
» with Oh, yes. With I'm sorry. Yes, we're saying the same thing.
» Roof deck will not be the entirety of the roof. There's only one entrance, an
egress to the roof deck. We're limited to, I think, 750 square feet.
» We're only It's the 750T is the limit, >> which is a very small portion of the
roof. So, that area will be enclosed by some kind of fencing or railing.
» Right. >> Right.
» I was hoping otherwise, >> but it would probably be
» We don't want anyone to fall off clearly.
» It would likely be centrally located in the center of the roof structure. So, it
wouldn't necessarily be on an edge. >> That's what I'm trying to establish. So
it will be set back so that from the street it will appear as a 50-foot
building not a 60ft building. >> That is correct. Other than the stair
tower and elevator exact small block. >> Okay.
» Which I'm not sure if you can see in the you Yeah, you can see it.
» You can just barely see it. And we're going to paint it a different color, a
lighter color so that it disappears into the clouds there to the right above the
tree. >> You'll see the stair tower.
» See it? >> Okay. Well, there you go. Perfect.
That's the idea. painted. >> No.
» Yeah. Well, we'll paint it a lighter color. You know, a lot of I was
discussing with Dwayne this morning. We were discussing the aesthetics of the
building. You can do things to change the appearance. Like next door, they it
appears to be five stories, but then they made the other stories a different
color to change the appearance to help mitigate the height.
» Very good. Okay. Oh. Uh
» just another view. >> Another view. Okay. Again, we're going
to be doing the shell of the building. All right. Um Okay. Okay, next variance,
street trees. So, this is again to what we feel is
helping the trail and also the public and the corridor. Um, we hope everyone
will eventually see it that way. Um, so we uh we're looking for ways to first
off calm the traffic. You know, you get zooming down Bushkill, it's not
considered really a residential street right now and uh people get cooking and
and you know, they go right by. So doing on street parking
is absolutely a traffic calming scenario and so that's first why we came up with
it. Then of course now with the trail involved the trail would like parking
for the amenity of the trail and you know at the silt mill even though it's
private parking and we've had to put up signs and especially a few years ago
when there was all that those problems down at the at the soap mill with people
coming from New York and parking it became a problem. So, we would have to
sign it, which would mean that technically anyone who wants to use the
trail would have to park on the street and then walk AC walk down to the end of
the property and into the new bridge that's being erected in that location.
Um, so the street parking is the best parking for people to come and use the
trail. Of course, people probably going to park in the lot like they do at the
silt mill, but we thought that the, you know, the parking is important. The
reason that's important to the street trees is we were unable um between the
fat parking the the on street parking and also the fact if you'll look
actually go back a slide if you could two slides actually no that's good go
one more notice that the super high voltage power lines run above the uh
next to the building up above the building so they're actually taller than
the building um so we've had to pick trees that um you know will grow to a
certain height or they're going to topped as it is. And so we've just been
sensitive to having too many trees are going to get topped at some point. We
also want to mention that besides, you know, mitigating this with some bushes
because they're not going to grow as high or be difficult. We also have a
great many trees being planted on this site, especially on the south side,
hundreds and hundreds of trees are being planted in the buffer between the
building and the stream as per our NPDS permit. So we're looking at like two or
300 trees. So we are not having a lot of street trees. Um and there are though
just inside if you go back. Yep. See if you'll notice only those three street
trees are actual street trees under the designation street trees. But we've
highlighted the trees that we're planting elsewhere that are directly
within 10 ft of the street tree area just on the other side of the sidewalk
so that you guys can get a better idea of the fact we are planting hundreds of
trees on the site. Uh again, not even really the zoning ordinance is per the
NPDS permit. Any questions on
» any questions from the board? >> That. Okay. So, that's our thoughts on
street trees. Uh and then our last is hopefully a simple one with this
project. So to have the proper two-way um street
uh I should say parking uh you know exits and ex emergency vehicles all the
things that are important to get in and out of a site of this size um on this
side of the street and not on the other side of the street different zoning
corridor. Um we're not allowed to have driveways that are more than 10 ft. Uh
and in this case we're requesting 24 ft which is a standard full size two-way
driveway. uh especially important uh at the west end of the site where we're
actually going to create an intersection where we're going to have uh crosswalks.
Actually, the planning commission requested us do a proper designated
crosswalk, you know, a proper pend one so that people can from both sides of
the site can share, you know, and get over to the trail and and so on and so
forth. So, we're requesting two driveway entrances that are 24 ft for emergency
traffic and for pedestrian and our use as well as probably public use whether
we like it or not. So,
that's it. Just those three variances. There was some discussion um which we
got a little confused. There was plan review had gotten a little messed up and
so it came out that we had like 10 variances. These are really when we went
back and got it organized. It's just these three for anyone who's wondering.
» Okay. Thank you. Any questions from the board?
All right. Then I'll take questions from the audience that were sworn in and
particularly that is for these uh for the one special exception and for the
three variances. That's where your question should be or
comment should be geared to.
right now. Can't I mean it's only this.
» If you give your name, address for the record, please.
» Hi, my name is Jennifer Talerico. T A L A R I O. I'm at 406 West Burke, East End
18042. Um, I just had a question uh based on
the the drawings that have been distributed about the previously
distributed plan and the current plan. I'm not actually technically sure if
it's part of the existing variance discussion about the parking lot
underneath and and its relation to the flood zone. So, I understand the uh it
was simply the storm water adjustment that was in the 100-year flood zone and
that has already been adjusted. Is it the case that the current plan being
suggested is consistent with the prior distributed plan um in terms of the
impervious surface allocated to parking on this side of the Bushko corridor?
» We have a plan for you. One second. >> No, Mark, I don't think that was her
question. She's asking if this plan has changed from the previous plan.
» Correct. In terms of in terms of the parking just that
» it has not, but if you'd like to I mean if we can share with you the
» It has not. It is not. It has not changed. Okay. So, and and we're fully
in compliance. There was some confusion and we're well under the impervious
coverage compliance that's required. >> Great. Thank you so much. And I just
want to also go on record. My questions or or concerns that you may hear later
have nothing to do with the facade. So, >> no problem. Thank you.
» Thank you. Anyone else? >> Oh,
» hi. I'm Jim Toya. I'm the executive director of the Carl Sterner Arch Trail.
» I'm sorry. Sorry. Your name again? >> Jim Toya. T O I A.
» Thank you. >> And your address, sir?
» Uh 238 Beacon Hill Road in Califon, New Jersey.
» Thank you. >> I teach at Lafayette College as well. So
very often here in Easton and feel like I live here more than I do in New
Jersey. So, um, first of all, I just want to say, um, we're very happy to
have VM development and Silk Mill as a
stakeholder and and, uh, people who have been working with the Arts Trail for
the, uh, 15 16 years that we've actually been in existence and they have
[clears throat] done a lot of work with us to help us install artwork. Um,
they're great neighbors and we really appreciate that. Um, and I'm very
excited. We're very excited about having the opportunity to be uh on the um not
really a commercial building, but but the pre the have presence uh on the
south side of Bushkill Drive there at the foundry. Very excited about that.
So, thank you guys for what you've been able to do so far and we look forward to
that in the future. One, my one question is about the trees.
» So, I'm all for trees. We're an arts trail that's surrounded by art uh and
nature and we we uh rely on the natural side of that. I just want to make sure
there's going to be enough room for the artwork with the trees. That's a lot of
trees. >> I agree. Um so that's something when we
get into actually the trail design with the city. We're going to need to that's
in after this phase, but we are going to need to figure there's a lot of trees
required by NTP and we've actually went for a waiver, right, Brandon? We've they
wanted like 700 trees and we were like that's they there would be nothing so
other than trees every like two feet. So they've agreed that that's kind of
crazy. So we are I mean that's something you should definitely soon we need to
get to. Yeah. You probably heard that tonight and welcome back. But just
saying yeah we're going to need to sort that out so that the trail can
interweave. You know we've talked about this for years. Yeah absolutely. We'll
figure it out. Don't worry. >> I know. I just wanted to
fair enough. Okay. >> Thank you very much.
» Thank you. >> Anyone else?
» [snorts]
» My name is Bruce McCutchen. Live at 619 West Lafayette Street. I'm
also president of the Forceville Chapter Trait.
Am I
I understand that the storm water piece in the the flood zone is going to be
moved. >> That's correct.
» Is there is there public record of your application and and
for storm water management? >> Absolutely. Right.
» Yeah. Absolutely. >> So um one, it's going through the MPDS
process. So that it's an actually an individual permit that is going through
the county conservation district. And just to give you an idea, we're right
now in technical review comments. So um >> so that permit has not been issued yet.
» It's it is we are addressing a few minor comments that have come out. Um nothing
really to the to the degree on storm water. was more um some minor items of
like addressing sizing of mulch sock and and rip wrap sizing that kind of
» Okay. But question remains observed >> there is an over that
» um it is submitted into um planning as well. Um a copy of it submitted in
through the planning department. Um but yeah, the permit for it would come
through the conservation district. >> Okay. The um certainly
As far as the Bushkill stream is concerned,
not having a scrap metal plant there anymore is a good thing.
» Um, but we're very concerned about what comes down. We want to see improvement,
» correct, >> for our beautiful stream, not
» a detriment to it. >> Yeah. And and
that would be nice to see what's actually going to happen.
» Yeah. And that's that's that was the approach whenever going through the
design. Um, Of course, with the state regulations, no matter what is a uh
meeting or reducing um discharge volume and and peak flows and and we make sure
to do that. >> Are there retaining
pools associated with this complex? >> Um no, there isn't. Um basically, and
this maybe is getting outside of the purview of the the zoning.
» Yeah, this is really a planning. >> All that runoff is just headed right to
the street. >> Uh it's
No, it's actually being while it's being collected in the storm system that
that's there and uh I'm not exactly sure if this is this is
a again if that's a planning question or a zoning question
but yeah I mean we we're so we're um going to be discussing this in front of
plan again probably October 7th is what we're guessing and that's when although
between now and then you're more than you should go to you know and get a copy
of the what we've submitted I mean, but everything meets the requirement from
not just the local county conservation district, but also this had to be
reviewed by, you know, by pad. So, we're we're meeting all the requirements. So,
again, planting all the trees, which of course now Jim is concerned about, etc.
But yes, we're trying. Yeah. >> Okay. Thank you very much.
» Thank you. >> Anyone else?
That's awesome.
Attorney Harding, are you do you have a thumb drive to give to the secretary
what you're going to be using. >> Um,
I don't, but I can provide it. These are not I'm not submitting these
as exhibits or record. They're just for reference.
» Okay. >> If there's an objection or anything.
» Yeah. No, if you're not submitting them, >> I actually was gonna let Kurt speak
first because I think it's important why we're here.
So, uh, Kurt Elely, 305 West Monroe Street in Easton,
concerned resident. I'm going to ask permission to distribute a a copy of the
East City Code sections on zoning variances
and special exception review. Um, >> you're welcome to, but the board is
intimately familiar with >> Oh, I know you are.
40 C and 40D >> but I'll be sharing to all of you.
» Yeah. Yeah, we the whole book. Yeah.
» So, >> right, for the for for for the record,
what has been handed to us by Mr. Eli is ostensively a reproduction of uh because
it doesn't look like a photo copy. So, a reproduction of uh section 595-40D
of the Eastn Zoning Ordinance, chapter 298, Floodplane Management, section
298-18G,
and section 595-40, although it's not marked as such, it is
section 40, subsection C relative to special exceptions, which I will mark as
exhibit 01.
Thank you. Thank you very much. Um,
I'd really love to read it, but I'm not going to do that. I'm going to assume
that you are reading it and well aware of what it says. But the bottom line is
a variance requires that there be specific issues about the property. got
nothing to do whatsoever with whatever the applicant wants to do with the
property. It's not about a hardship to the applicant. Uh we want our plan to
have an extra five feet for this purpose or six feet for that. It's got to do
with whether or not that property can be developed within the code or not. And
this ha this property has a huge number of uses
and certainly plenty of opportunity to be developed in the way that they
would like without seeking a variance. And I'm I'm very concerned about that
process that allows for variances to occur or variances being granted when
really they're the hardship of the applicant and absolutely not any
hardship or problem with the site or property itself. This isn't just the law
as it appears in our code, but it is virtually a quote of his of what appears
in the municipalities planning code for the state of Pennsylvania. It's
directed. It is the law. And my I'm here just to ask if we could please follow
the law and not grant these variances for whatever the reason. They're in
there. They're meant to be in this particular zone
and we ask that you you uh allow for them to actually be the law of the zone.
Please don't allow those variances. Thank you.
Go ahead.
» Um, I would just simply say that since we've been doing this for 15 years and
we've come before your board for many variances,
um, that the Silk Mill, if not granted special exceptions or variances, would
never have been redeveloped. Simple.
» Thank you. >> It's It's great. We're not here to talk
about the silk mill. This is We're here to talk about a very different which has
plenty of potential. Thank you, Kurt. Um, so my name is Cody Harding. Many of
you know me. Uh, I live at 410 North 10th Street. Uh, I measured it today.
It's approximately 1,800 feet from this site. Um, I think we should revisit
Bruce's question about flood. Uh, sorry, I think it was Solicitor Nichki's
initial question about whether or not this parcel is in the flood zone. And I
know there's a Mark, Mr. Mulligan has told us not to
worry about it. We're moving the drainage facilities from the flood zone,
but I think it is very important to note that the parcel is in the FEMA
designated flood zone. The parcel line extends into the Bushkill Creek and
clearly is in the blue zone AE, which is the this is FEMA's flood hazard map.
And so the question was not is your construction in the flood zone, is your
building in the flood zone, is your project zone that you've designated on
your plans in the flood zone. The question is, is the parcel and
consequently the storm water runoff in the flood zone? And it is undeniable
that this parcel on the south side of Bushkill Drive is in the flood zone. And
consequently, it is our position that because the flood provisions and also
storm water provisions of the city code have not been considered, this
application is not ripe for presentation to the zoning board. There's a litany of
requirements that we all spent last year reviewing that need to be met before it
can be presented for zoning, including I know D was involved in the remediation
of the site and reviewing it. I'm not sure that they've completed 102 and 105
permits. I could be mistaken. But we also were told that uh Mr. McCutchen
from the uh Trout Unlimited asked about what was happening with the storm water
and we saw the applicant sort of stumble through their answer. We all know if you
look at their plans, the storm water is going to be channeled
from the north side of the property across Bushkill Drive into one facility
which will run all the way down into the Bushkill.
They also would need a permit for the crossing of that storm water across the
state road. Bushkill Drive is state road 2019.
I have seen no evidence that that's been accomplished and numerous other
requirements for this to be presented because it's in the flood zone. And so
it's my position I certainly isn't the only problem I have with this project,
but it's the primary one is that because the flood zone has been sort of talked
around and ignored. We can even look at here's the close. Now, we're being told
that this moved. This is being moved. But the flood zone is this squiggly
little line there. You can see it at the bottom. It says FEMA flood zone. This is
from the developer's own plan. Project boundary is an irrelevant sort of uh you
know to marker that they created.
So I we can talk about some other things, but I think the zoning hearing
board needs to be considering this as the primary concern and that this
application should be deferred until they resolve all the
» that's not our that's not what we're we we are here to see to to hear what's in
front of us right now. That's beyond our scope.
Your scope is to enforce the zoning provisions of the code.
» Correct. What's in front of us right now? What's in front of us right now is
not what you're talking about. >> It is incomplete.
» That's your opinion. >> It is not my opinion that it's in the
flood zone. It is in the flood zone. >> Okay.
» [clears throat]
» I mean,
I don't want to I clearly we respectfully disagree, but I do think
that the flood provisions need to be discussed
and if it's the it is up to the zoning board to
scrutinize those provisions and >> Mr. Niski, is it up to us to do that?
» Well, let me let me [clears throat] Let me ask you this, Attorney Harding.
Referring to what you have on the screen right now, 29818A, no varian shall be
granted for any construction development use activity within the floodway area
district that would cause any increase in the BFE, which of course is the base
flood elevation. Um, do you have any belief that what is
being proposed will cause any increase? Uh and then ultimately I would ask the
three individuals sitting at the appellence table uh if that has been
addressed and discussed with planning and durate when with the city during the
planning of this project. I I I think that that's a great question
and I think that's a question that I was interested in asking and so you're
asking that for me and I'm happy to move on and leave that question on the table
to be answered later. I think for the sake of everyone's time, I'd like to
just move on to one other point. >> Okay. So, so my question to you would be
a no. You don't have any belief or any reason to believe that there would be
any increase in the base flood elevation?
» I I would I I don't have any scientific evidence
of that. Yeah. >> And it's only
» I didn't know I that's why I was asking. I didn't know if you did or not. All I'm
presenting is that regardless of the representations of the
applicant, the flood provisions are invoked because this parcel is in the
FEMA designated flood zone and therefore provisions such as 298-18
should be considered. I am not an expert who should be making the sort of
assessment, but it's my analysis that this has all been ignored.
Might I suggest that we have these three individuals address this now while
you're at the podium so that you don't have to come back up when they do
address it in case you want to ask questions of them.
I I assume they're going to tell me not to worry about it, but I don't see any
reports available. Um >> well, let's not assume. Let's hear from
them. >> So, yeah. Um again to cover what was
previously stated um we did look at actually pulling the outlet for the
storm water. Um there's actually a hydrodnamic separator inlet what
actually improves water quality for Bushkill Creek from any of the collected
runoff that is going to the storm system. Um, but we've we've uh looked at
that from a previous comment that was received through uh planning and we're
going to be able to adjust that back. So that is on the record here that we'll be
able to um eliminate that disturbance within the 100red-year flood plan um I'm
sorry the 100red-year flood zone AE as depicted on the drawing that is from the
FEMA map that is imported in through uh you know FEMA's [snorts] uh online web
service that you know you get that shape file from them. So that's actually where
it's supposed to be. Um, as far as storm water um, reduction quality, all those
items, those are being addressed again through the 102 process that is
submitted through the county conservation district. Um, for us to get
approval is a reduction in um, peak discharge, reduction of volume and
through increase of water quality. And because it is an individual permit, we
have to meet all three of those. and we have shown to the conservation district
that we do meet that criteria um through this pro for this project. Um and so uh
so a uh effect would be a reduction in the discharge amount to Bushkill Creek
during the peak design storms. not to get too technical in it, but you analyze
certain key design storms and look for a a reduction in volume and in uh peak
flow. >> So, and I don't want to put words in
your mouth, but just trying to interpret what you just said. Um, is it my
understanding that you're saying that um, this development as it's being
proposed with the system you're talking about installing will actually decrease
the base flood elevation instead of increasing it? Correct.
And is there to answer uh attorney Harding's question, is there um a a
report or or a study or something of record that establishes that with and
and if so with whom? >> Yes. Uh there is a post construction
storm water management plan and calculations that uh were filed with the
county conservation district. Um and it's also available to available and
it's also available um has been loaded to the planning website. So, I'm I'm
assuming it's available. >> Can I can I ask some clarifying
questions? And I I was doing a lot of talking and I should have asked more
questions initially. Is there any permeable pavement in this design?
» No. Um >> are there That's fine. Are there any uh
rainwater uh what they call like like rainwater
retention uh rain rain gardens >> uh there so the and this is getting
along into um the fact that it was it's an act two site and the fact that it's
going through remediation process because a site and those areas that have
to >> you you can't infiltrate in areas where
where you actually have an act two site. So, um there's other measures through
planting and soil um amendments that we've reduced the
» Was there any consultation with PennDOT for permitting running a storm water
across the state highway? >> We're going through the process of
actually getting a storm water easement across Bushkill Drive. Okay. With
Pendot, >> um we have to do a separate one with
PENDOT for actually the lighting system and we're going through that process
currently. So, if I'm understanding correctly, all
of the storm water that's being channeled into the rainwater system
will go into the bushkill and somehow it's going to lower the base flood
elevation. >> Yes. And it's
» that seems to defy physics. >> Well, it's no water goes downhill. So,
» you're adding water to the bushill and it's going to be less likely to
» less currently than less than today. Yes. But there are no retention ponds on
site. Correct.
» That's sounds like magic. Um >> I would say off the flooding that's I
will move on off the flooding. I still argue that this is not right for because
of the parcel being in the flood zone. I'd like to talk about the impervious
surface which is another one of the zoning variances that I believe should
be on their application that is not included. We've been told
It's in the river corridor. This is the provision of the river corridor. Max
pvious coverage 30%. There are some exceptions, but I think it's important
that we look at what that site looks like. Now, this is a Google satellite.
» Let me interrupt you before you go any further. Mr. Tilman, has a determination
been made that an impervious surface variance is necessary for this project?
» Yes, it was determined that it's not needed.
Do you want a question, Mr. Telman? I >> I'm I'm just curious how that's possible
when we're looking at a site that is significantly overgrown, full of crushed
pavement, gravel, dirt, and that will be converted into predominantly a parking
lot. I I just don't understand how this isn't more than 30. I I've had an
architect look at this and tell me that it from their assessment, it's about 38%
impervious pavement on this parcel. the the the the statement that I heard
at the planning commission presentation was, well, it's less than is there now,
so we don't have to worry about it. And when I look at what's theirs now, it
certainly doesn't seem less than a parking lot in a four-story building.
Um, the one thing I'd just like to point out is, um, that growth [snorts] is
probably only about an inch deep. Um, is underneath is the remnants of again the
scrap metal yard, the mining that was there before that that is rock
underneath there. Um for all intents and purposes, it is very solid uh I believe
silt stone. Um so where how the site is being developed is actually to um we're
going to bring in a lot of fill but it'll be more of a if you want to go on
the the uh USGS classification an AV type of soil and that's actually being
specified for the fill on the site which should actually grab some absorption
volume for those uh initial runoffs. Um, and then actually with the what you
don't see there, um, you know, what's what might be green there is weeds. Um,
if you would take note to the planting plan and the amount of actual, uh, trees
that we're trying to add to the site u to actually increase the coverage
values.
Okay. So, if I understand correctly, because there's stone under the dirt,
the impervious This isn't going to be a problem.
» Other other than the piles of asphalt and then whatever bricks and other stuff
that are there. I mean, we can all talk.
» I have two more questions and then can talk about the other building, I guess.
Um, in your renderings, you showed sidewalks that seem to extend all the
way down Bushkill Drive. Do you plan to construct those sidewalks? It's my
understanding there's no sidewalks in that area at all right now in the
renderings that were presented. >> Go ahead.
» So, in conjunction with the city of Easton who has a a corridor grant,
there's a there's a they've received a grant for
mobility and in conjunction with them, we are building a certain amount of
sidewalk for them and then where they're building, you know, we don't know
exactly, but there will be sidewalk. The goal is to
» down to the mall. >> Yeah, the the goal was to extend
up to >> because we don't control.
» Yeah. So, we can't we can't quite get there, but we're planning on doing as
much sidewalk and you know and mobility as possible in the corridor. Yes.
» And then I I I think my last question is just um
a series of questions. Um how many square feet of developable space is
being built on this southside property approximately?
cubic feet. Square feet. I don't understand.
» Square feet. Square feet of rental space. Do you can you guess or not
guess? Can you approximate >> it? It's not I don't understand because
I don't understand the relevance. I >> I think from my reading of the plans,
it's about 90,000 square feet of rentable uh square footage.
» Okay. >> Right. I mean, does that sound about
right? 90. >> No idea, but keep going. Well, do do you
know how much of it is uh retail or commercial space?
» Well, I mean, so our plans have changed a little bit over the years because we
um you know, I'll go even though that's not part of this discussion. It's for
the planning commission. >> Yeah, we we are getting
» we're getting off the thing. But I'm I'm just I'll give you a quick what we
already discussed today earlier is you know we originally had planned the the
trail was here saying they wanted 6,000 ft of commercial space and then they've
reduced it to 1500 to 2,000 ft. still slightly not sure yet on the south side.
But then on the north side, for instance, there was a discussion of um
the uh the um sorry, Nurture Nature had originally
started off with us a couple years ago and we did this whole design process
with them where they were going to take 20 or 30,000 feet. Long story short,
they ended up not being able to get their grant at the right time to do what
they wanted to do. So that whole thing changed. So, but we were happy to
discuss this in front of planning commission. I'm sure that it's another
discussion. Um,
» yeah, I think interpretation. No, no further.
» Harding, could you leave that up for one second?
» What's that? >> Could you leave that picture up for one
second? >> Oh, sure. You want to leave this picture
up? >> Just for one second. I just because I
don't know if I had I don't know if I got clarification on the imperous
surface ratio and why that picture there is less than what I'm seeing on the
plans.
So the soil composition underneath what you see there is actually much more
impervious because or sorry it's much more impervious. Right? You got me
thinking wrong. Um because it's really a compacted very dense rock
bed that's on top of that scrapyard that everything was sat on for million many
many years. And so when you actually do the soil sampling it's considered
impervious coverage. And so what you have what you're seeing
in the way of greenery is weeds growing up like they grow through concrete
basically >> or grow on concrete. That is what it's
been explained to us. >> Okay.
» My understanding would be that if weeds can grow through it, it's not impervious
surface. >> Um but um you know I I'll conclude my
remarks with just saying that these are not necessary variances. These are
variances that they would like because it will maximize the profitability and
the density of this site and that also the flood zone provisions of our own
code have not been enforced. Thank you for your time.
» Thank you.
» Were you sworn in?
Hi, my name is Richard Sparat. I live at 917 Hillside Avenue.
» I'm sorry. >> S P A R S H A T.
» And your address again, sir? >> 917 Hillside Avenue in East
» 917 Hillside. >> Yes.
» Thank you, sir. Um so my question was really about the
variance for um 10 feet for apartments and I think that is nice.
» Sorry the variance for what? >> 10 foot for apartment ceilings.
» Okay. >> And I agree. I think it is nice to have
apartments with 10 foot ceilings. But I would question why that wasn't thought
about at the beginning. And if they want apartments with 10 foot ceilings then it
should be a three-story building not a fourstory building.
Um my second question really um just to help educate me is the um the nature of
mixed use. Um I presume there's a purpose for mixed use or I guess this is
my question. Is there a purpose for mixed use? As in is it really there to
support the needs of the people in the building or is there some other reason
that the building should be mixed use? That was just to educate me.
We're not here for use variants. >> Fine. Okay. Um so then my first question
really is um why the variant should stand have apartments with 10ft
ceilings. If they want apartments with 10ft ceilings then they should have
three stories of apartments not four.
» Thank you. >> Thank
good question. So, our goal was to keep the mass of the
building in keeping with the other masses of the buildings and the rest of
the corridor. And so, we're we're thinking that that seems to be in line
with everything else. >> But if you wanted to mitigate this
project to better conform with our zoning ordinance, could you do three
stories? >> Yes and no. So, the the the idea is is
that do you want I guess the the idea is um well, of course you can build
anything. It's a new building. So the answer is yes, I guess in the short term
of it. But the long of it is if you want a um if you want a a a project in
keeping with the corridor and so that is what we were going for was in keeping
with the corridor >> like to have a project that's more in
line with the zoning code than the corridor. So it's just
» sorry we could in theory do a four-story building with eight eight foot ceilings.
We'd still, it's not a density issue necessarily because that's what we would
likely end up with. We're just trying to prod produce a better product.
Understood. The other option would be where we don't have a height restriction
on the opposite side of the building, opposite side of the street is to
potentially go even higher. Um, so we were trying to make them more balanced
on either side of the >> I'm just trying to get to Mr.
Attorney Hardy had mentioned about the profitability of this project and that's
kind of what I'm getting at. That's, you know, is this why we have to go four
stories instead of three? Would it be not profitable to do do
three stories? >> Did Did I just understand you to say
that across the street you could go higher
under the ordinance? >> Correct.
» And and you're trying to keep the buildings consistent from one side of
the street to the other. It's still higher on the north parcel as you'll see
when we get to the next hearing, but could be
potentially even higher, I think. So, uh,
sorry. Um, to speak to the profitability when we responded to the city's RFP,
multif family or mixed use rather was requested in that RFP from the city as
was an extremely dense site. That was specifically the request. And so we're
attempting to meet that density requirement and spread it out over both
parcels as best as we could. >> Thank you.
» Yeah. So the ANR is 90 ft. Say that again.
» For the record, we could build the building across the street to 90 ft and
we tried to mitigate building that to 90 ft because we think that is a little too
tall. >> So between the two buildings together,
if it was a matter of profitability, you could increase the height of the other
one to maximize. >> We could, we just don't think it'd be
good as a product. Correct. And it would really screw up the massing of the
corridor. >> Thank you.
» Any other questions from the board?
No further questions. I don't know if you have anything. Oh, wait. I'm sorry.
There's more people. My my my fault. Please.
» Hi, my name is Tony Mittman, 36 North Thirdrd Street, Houston, Pennsylvania.
Um, my concern about this whole thing is zoning is supposed to re uh protect the
character of our neighborhood and the character of our city. And Eastston is
very historic. College Hill and downtown and the whole thing and Bushkill Drive
is a very passive quiet connector between College Hill downtown and into
Forks Township and it hasn't changed ever and at great city expense the city
of Eastston was able to purchase Eastern Iron and Metal and is in process of
doing remediation of the Brownfield site. So
this is not about the developer and the whole project. It's about an opportunity
for the city of Eastston, which right now currently retains ownership of that
tract of land. How many acres is it? Acres
» about >> developable? I think five.
» But I've always loved that piece of land because on the north side there's an
escarment along the back of the the lot. And so having raised four children on
College Hill for 35 years, um I'm very aware of the lack of open space, not
only on College Hill, but in all Eastern's neighborhoods. So if it were
up to me, I'd put nothing there except a wonderful park with escarment and
climbing and all of that. And so if that opportunity were to be available, I
think that'd be wonderful. That would be my vote. But it's not, you know, not one
person's decision. But if it's developed, there are ways to do it with
the developer. And I there's no one that loves a silk project more than I do
because I worried about it 58 years ago and had it in my initial slideshow 58
years ago and then Phil and and the governor Randelle and everything got it
done with Mark. I we've never met but I know it was nice to meet you. [laughter]
So anyway, it's an opportunity because over the years I've met very many
wonderful consultants and there's one in particular that could really resolve and
bring a wonderful project to that land with the developer and the city of
Eastston and that is uh Phil Mrick in New York. Uh, one time I invented I
invited Fred Kent to come to Eastston to speak from project for public spaces in
New York and he came to Easton and addressed 200 people at the Hotel East
and so Fred Mrick was with Fred Kenton project for public spaces in New York
for many years and now he's has his own consulting firm and the website is
philmyrich.com philyrk.com
and I think if you look at that it's the process that he does of it's almost like
a cheret you like a design cheret with all the stakeholders and all the parties
involved really looking at the land and the context with College Hill and
Eastston and um [clears throat] open space need for uh whatever you know
that's it's it's a process that I feel is always missing not only with this
project but with everything when I look out the window that's too much it's just
too much and more is being built right next door so when the next building you
won't even see that building because the one that's right here So, um, new
construction is a whole different thing than historic
preservation. And so, new construction on cleared land, of which we have very,
very little in Easton. This particular lot, because of the Carl Sterner uh,
Arts Trail and the Bushkill Creek and um, the whole thing about quality of
life and livability, this is an opportunity to do the right thing. And
when I see these renderings of these kinds of apartment complexes,
I don't I'd hate to see I think we'd all hate to see another error on on that
beautiful passive uh Bushkill Drive. And it's a chance that I think if you bring
out an outside professional to really uh sit down with everyone and say, "Okay,
what is this land? How does it fit in? You know, Lafayette College could have
bought it. It would be wonderful. All sorts of different things." But what I I
don't want to be rude. >> Oh, go ahead.
» But what what you're talking about is other possibilities that to this point
have not come to fruition. No one else has stepped up.
» All of these individuals, you know, Lafayette hasn't expressed interest.
Yeah. >> The gentleman from New York hasn't
stepped up. It's been >> Yeah.
» You know, in its existing condition for how long?
» Yeah. Well, it's it's you're right. I >> think what you're addressing does not
really uh >> well, it's a zoning question because
variances I I would I would suggest and and encourage you to table this so that
so that it buys time to really sit down and say, you know, look look um because
zoning is very important and your vote is very important and there's develop
developer here has done a beautiful job on silk. There's no question about it.
It's magnificent uh of national and global importance.
very rare that a project like that would ever happen anywhere. So, it's
wonderful. And so, I think something like this just it's it's very jarring.
And so, since it is a zoning question, I would just urge you to table it tonight
and just if anyone's interested in contacting Phil my work and just talking
with him and, you know, bringing in someone like that who's who's so
wellversed on bringing parties together on zoning issues and quality of life and
development. So that's my comment. Thank you.
» Thank you. >> Any questions?
» Anyone else?
» Okay.
» Hello everybody. Uh Coron Anderson. That's C A R O N. And Anderson S O N 630
West Burke Street. I've been an Eastn resident since about 1986 and up on
College Hill since about 1989. And I guess I have a a question first. Um, at
the Silk Mill, the apartments there, how high are the ceilings?
» Ma'am, that has nothing to do with why we're here.
» Well, we're making a lot of comparison to the other buildings in the corridor.
» 12 feet. >> 12T. And um I guess my concern is like
with all the um electrical, heating, all that kind of stuff. If I was looking at
an apartment, just me personally, I would want an eight foot ceiling and not
a 10 foot ceiling. And I regret having a house with a 10-ft ceiling because the
um economy is killing us. Anyway, couple other I just wanted to say one thing
that um I get confused between the left and the right hand side and I guess
we're talking about the lefthand side of Bushkill versus the right hand side
which butts up against I think it's actually College Hill and I'm not going
to stay for that discussion. I have a ride home. But, um,
College Hill has always been a community, a neighborhood association.
And I did a little bit of Googling and I guess you can find answers to almost
anything whether you believe them or not on Google, but it says on average that
if you're an apartment dweller, you move every two to two and a half years. If
you own your property, you're likely to stay for 12 and a half or more years,
depending on your age. And I'm really sad to see apartments going in butdding
up against a neighborhood with all that historical significance with long-term
residents. And it bothers me a lot. And it probably isn't a variance issue. It's
just a personal site. The other thing is um traffic. I've heard everything from
40 to 50% increase on Bushkill, which isn't very well used right now. But if
you go down West Lafayette Street at 8:00 in the morning, the cars are
already getting to 13th Street, the cars are already backed up beyond the YMCA.
And if you come off 22 on the highway to 13th Street at rush hour, the cars are
already backed up onto Route 22. And I'm very concerned about the traffic, you
know, that's increased traffic that's going to be it's got to go somewhere.
It's either got to go to 13th Street, it's got to go to Third Street, which is
often flooded, by the way, on Bushkill Drive. I've had to detour around West
Lafayette Street to get down to 13th Street. I can see the impact being quite
significant with all those units being going in there and all the people on the
traffic pattern. Whether or not it increases Bushkill by 40%, it's going to
increase the problems on the other two areas and the little I guess it's a
causeway or a bridge going over 13th Street. I think it's going to be
personally I think it'll be a nightmare. That's the end of my discussion. Thank
you very much. >> Thank you.
» Anybody else? [clears throat]
» See no one else care to respond to anything or sum up
I'll sum up that you know it's um we have done a lot of re renovation in in
the city and um I think uh our record speaks for the fact we care which is why
we're also you know we want to try to be open and answer everyone's questions. um
you know, we've invested our basically our adult lives working here and
raising, you know, raising our kids locally and and uh and um you know,
we're we're I am fully invested in the city of East more than anyone wants to
be. So, I will simply say that uh we think we're doing the best we can and we
we we heard some of the comments tonight and like I said, we heard some of the
comments earlier. We're gonna we'd like to do some redesign on the buildings,
but that doesn't affect tonight's hearing. But I would say that um you
know we feel we've presented a good project and we believe that we can meet
all the criteria of this board tonight that's necessary and we think we've
balanced it as best we can and we appreciate your your uh your your
thoughts and uh and hope that you'll you'll vote in favor of our uh our
request and thank you. >> Thank you. Close the hearing.
who is >> Mike and then Miss
» Panto and then Mr. Lac second.
» Oh, Pam, I'm sorry. Pam >> Mr. Civetella.
» I >> Miss Panto.
» Mr. Lopez. >> Hi,
» Miss Thomas. Granite.
» Thank you.
» Yeah. >> Five minute break.
» Yeah, I know.
» Are we having a break? Oh, okay. Okay. We taking five or
» taking five? >> Okay.
I don't know what's happening right now.
Oh, hold on. It's just taking it. >> It says, "Please wait. You're a little
too
Nice. So, so my coach has got me playing this 14y old kid.
» No, it's fine. Actually, I beat him handily like a bunch of It's imagine
Florida >> from 10 a.m. to noon.
» It's like 110 in the shade. >> And the thing is that I don't know I'm
51. I don't know. I'm 51. So, I'm out there. I'm killing.
And then I would sit down in like the shade and I'm like, "Oh my god, I think
I'm going to die." Like, I just So, I lost I lost eight pounds because
» either mostly I lost three pounds of weight in five pounds of water
» playing this guy. >> I couldn't believe I beat him. That's
the first thing. My coach, you're guilty. Because he wants me. He's trying
to get me into competitions and I'm like I'm like whatever. So,
Uh >> oh. Did we break something?
» It might have been like
» Don't do it. >> Don't touch it. Just let the rain come
back.
» Keep me up. I've been up since 4:30.
» Oh yeah. >> Okay. Well, you know, we share
everything including backwash.
You broke it. >> No, it worked.
» Yeah, I don't know if it was laptop on there or just out or something like
that. >> Is it coming back on?
» Oh, wait. Is the TV off? >> No,
it should be.
» No, it didn't die. It just needs to wake back up.
» Oh, I see it. >> Yeah, you have to wake the Autobot.
Yeah. And it said >> Yeah.
PC.
» Yeah. But now it works. >> We hit some buttons and it turned off.
» I think it was maybe when the lawyer put the buttons on.
We just have to open.
» Yeah. Let me look. >> Yep.
I couldn't even
tried to beat it and
trickling. Nothing crazy. All a sudden it just opened.
So, we'll see. There's a couple
fun.
We're going to call the hearing back to order.
» You ready? Open up the next hearing. Secretary with a purpose, please.
» [clears throat] >> All right. Applications hereby made for
a public hearing before the East Zoning Hearing Board for property known as 1111
1113 Bushkill Drive zoning district adaptive reuse block class B variances
as follows. 59522D proposed build two line of 17 ft
required build two line of 5T. 59517F3
proposed shrubs along the street side of the building. Required street trees
shall be planted along both sides of all streets in accordance with chapter 5542
and as determined by the city forester. The above action is request to proceed
with the construction of a mixeduse residential commercial building for the
redevelopment of an existing property along Bushkill Drive. The appellent is
Brandon Walker at 1 Oxford Center, Pittsburgh, PA15219.
The owner is the city of East at 123 South Third Street. Uh 25 adjacent
property owners were notified and it was published in the press.
» Thank you, Tom. I see the applicant is present. I'm going to ask anyone that
wants to um talk at this hearing be sworn in now, please.
went to tell me this property was posted.
» Yes, it was. Thank you.
» Good evening again. Hi. Oh, Dwayne did read it.
» You're done, Dwayne, right? >> Oh, yeah. Yeah.
» Okay. >> I did the same thing last time at least.
Okay. Sorry. Too many of these hearings. Um, hi. Okay. So here we are here for
just two variances. One similar to the south side which is again street trees
and shrubs and parking. Um and then a new discussion which is a little odd. Um
so our build two line is five feet is supposed to be 5t from the edge of the
building. So I might you know that you basically you open a car door you're
going to practically hit the building. So for instance we went with about 17 to
20 feet. Also, the the the road is curved, so it it it's 20 ft and then 17
ft on the ends approximately. But, um, for instance, the marquee, any any
building over three or four stories, you're not going to want five feet
between the curb and the and the and the face of the building. So, we feel it's a
better design feature. But, yeah, we can go through the slides.
Sorry, I'm a little off. So, anyway, okay, there's the parcel.
Um, just so you know, [clears throat] in comments that we received reloc we
relocated the storefront for this on the actual street face.
And then the first, like I said, the first variance we're dealing with is the
build two line, which because of the curvature of the road is 20 ft in the
center and approximately 15 and 17 on the ends. And we just feel it's better
practice to not have the cars be directly right up against the building
as it would be like in a downtown corridor.
Um >> did I see do you plan to install
sidewalks there? >> Yes, there'll be sidewalks there. Um
there'll be bushes again. We're underneath the power lines again in some
spots so there's not there's trees on the ends. We'll get we'll get to that in
the next uh and there's bushes in that area.
» Yeah.
» So the build line is currently right along the curb, the proposed curb for
the parking. So to be five feet away from that, we would have a five foot
sidewalk. But as Mark mentioned, if you were to open a car door, you would take
up almost three feet of that. And clearly having a multi-story building up
against, you know, only five feet between the curb and the building at
face. It's very tight. As a point of reference, the marquee here is an 18
foot sidewalk from curb to front of building. So they have about three foot
strip for um unloading and loading and then a um 15 foot sidewalk which allows
for some of the seating that they have outside. But that feeling just for a
point of reference is close to what we're proposing here.
» And furthermore, not just the marquee, but pretty much every building three
three stories this building marquee they're all over 15 feet. It just it
seems that doesn't seem correct, but that's
why we're requesting the relief. I guess we'll move on. That's our Any
questions on that? Okay. >> Uh Street Trees, sorry, I did them
backwards. So, sorry, the slides. She's like, what are you doing? Um, so again,
the same uh discussion we had on the south building and then in keeping to
try to keep the north and the south side looking the same. Um, we have only three
street trees that are physically in the street
as you know really street trees are. And then we've highlighted additional trees
that we have that are very close to the street. And again, we're planting not on
this side where there's not going to be hundreds of trees because you have the
cliff face coming down, but we are going to be keeping all the mature trees that
we can and then planting along the cliff face along the back. So, um, we're just
again trying to request as many street stalls of parking for public use of the
trail, which is why we're doing the street trees the way we're doing them.
And that's really that's it for variances on this site.
Any questions from the board?
[sighs] All right, I'll take some comments from
the audience. Yeah, they were.
Anybody?
Okay.
There's no further questions you want to sum up.
» Um, uh, thank you for your consideration and respectfully request that you vote
in favor of hopefully these two variances. Thank you.
» Thank you.
obviously less.
Is there a motion?
and Mr. Thomas
» Miss Thomas. >> Hi,
» Mr. Lobac. >> Hi,
» Mr. Civotella. >> Hi,
» Miss Panta. >> Grant, good luck.
» Thank you very much. Actually,
the eggs might make my house look better. I don't know.
All right, I'm going to open up the next hearing. Secretary to purpose, please.
» All right, applications hereby made for a public hearing before the East and
Zoning Hearing Board for property known as 36 South 12th Street Zoning District
West Ward block class C. Variance is as follows. 59515D
proposed existing lot width of 16 ft required a minimum lot width of 18 ft.
59515F3 proposed no street trees required.
Street trees shall be planted along streets in accordance with chapter 5541
and as determined by the city forester. 59533B
proposed zero off- streetet parking spaces required two off- streetet
parking spaces. 59515D proposed existing impervious coverage of
68% required maximum impervious coverage not
to exceed 50%. The above action is request to proceed with the conversion
of a single family residential to two units. The appellent is Jose Pores at 36
South 12th Street East NPA 18042. The owner is Jose uh Porz and
is that Bernicea Rodriguez. Um 69 adjacent property owners were
notified and it was published in the press.
» Thank you to the gentleman. Um is the applicant present?
Anybody that wishes to speak at this hearing? I'm going to have you sworn in
now.
Does it tell me this property was posted?
» Yes, it was. >> Mr. Nitzki,
» sir, it's the one by my house. >> Sorry.
» The one by my house. >> Oh.
» [clears throat] >> Folks, I have been alerted by our board
chairman that he lives two doors from this property. So, he will recuse
himself from participation not only in the hearing but in this vote. Okay.
Thank you. Who is the vice?
So, the hearing will be overseen by our vice chair, Mr. Lope sack.
» How you guys doing tonight? Um, can you start with your name and address for the
record?
» My name Jose Pesc.
Thank you. Um, Alexis Nunees, um, 136 East West Street, Wing Gap, PA.
» I'm sorry, Mr. Nunees. What was that? >> Um, my last name,
» your um, address, please. >> 136 East West Street, Windgap.
» Thank you. >> Thank you, gentlemen. Well, you got
starting. Tell us why you're here. >> Yeah, I'm just here. I'm just helping
him out. Just translating. I don't know much about the property.
That's why he told me on the way on the ride here.
» Okay. >> Yeah.
» Um well, you guys have to kind of explain
to us why you need some of these variances to do what you're uh looking
to do. >> Um he wants to convert the single family
into a a duplex and I think we're here because it doesn't have any street
parking. I mean any um off streetet parking.
» Uh that's one thing. So, we have um minimum lot width required. Your
proposed is a little bit smaller. So, that's outside of the the framework. Um
street trees should be planted along the street. You're proposing no street
trees. Uh yes, the parking two off streetet parking spaces are needed. You
have zero. Um and then maximum impervious coverage not to exceed 50%.
uh your existing impervious coverage is 68.
So you guys got to tell us why you need, you know, a little bit of
to be honest.
He was talking about adding a kitchen. I don't think that has to do with the
various things you guys are talking about. [clears throat]
» Why does he need to have a two unit instead of the existing single family?
» Oh, he just needs help with the mortgage and he's he don't want to do it like,
you know, like off like without permits and stuff. He want to follow the rule.
» Okay. But the rule says he has to have two additional parking spaces.
» Yeah. >> How how do we get around that?
How long has he owned the property?
» Six. >> Six years.
and has had the same mortgage in place for those six years.
» Yeah. Okay. What
um I guess he just recently divorced with his wife, so he needs help. Like
his wife was helping him pay.
» Could you consider roommates instead of building?
» Yeah, I was telling him the same thing. I said just get some roommates and we'll
just help out. You don't need no permits and stuff for roommates
» because [clears throat] he hasn't given us anything that would
meet the criterion of a hardship. >> Yeah.
» For the board to say, "Okay, just wave the two parking spaces that are
required." >> Even if his wife is no longer there
helping him out, >> that's
not really a legal hardship under the law.
I'm sure it's a personal hardship for him, but it's not a legal hardship
relative to the property itself. >> Understand?
» No, it's just one a single family.
» Correct.
He said that he will be living in the house as well. So, he would only need
one extra parking
» and there's nowhere there's no backyard or
um alleyway or anything in the back where he can make parking.
trees
[clears throat] exist.
parking.
It's exactly Yeah. I mean that is an existing
condition as is the lot width. >> Right.
» Yep.
» Right.
» [clears throat]
» Um, yeah, I just said it's it's the existing law is is one thing that you
can't change and you can't change the impervious surface, but the parking
spaces, there's no place at all that you can
like have you don't have any land in the back that you have a alleyway or
something behind the property where you can make parking spots.
» It says um it's too small. >> Too small
» in the back. Yeah.
Since since the only reason you've given for
wanting this or needing it is monetary, where is he going to get the money to
install separate meters, to install a full kitchen, to install
» bathroom >> firep? separation of between the two
units >> if I'm not mistaken according to what he
told me on the right here was that they did a cash out refinance and if when
they separated and he got some of the money from the cash out refinance and
then he going to use some of that to make it
» then why doesn't he use some of that cash to help pay the mortgage
» and then look for a roommate >> Yeah, I know. and keep the parking uh
which I mean
are there neighbors here who can testify as to what the parking situation is in
the neighborhood? Ma'am,
go ahead. Mr. Vice Chair, is that okay?
» Yes. Okay.
» Hi, good evening. My name is Julie Zando Dennis. That's Z as in zebra. A N D O
hyphen Dennis. Um I live at 1032 Lehigh Street. So it's not on 12th, but um I
have lived in the West Ward for nearly 20 years and I also uh serve as the
council member representing the West Ward. I've been in uh conversations with
public works at the city um on numerous occasions to try to come up with
solutions to what I consider to be an acute parking problem in the
neighborhood um >> in this neighborhood or in the westward
in general. >> Well, the south side of Northampton,
which is our neighborhood, both the applicants and my own. So, the north
side uh has some parking problems, but not the density that it has on the south
side of Northampton from 6 to 15th Street. And um
this situation is dire um and in large part because of these conversions. Um
there have been discussions by community activists for many many years really
ever since I've moved to Easton about um first of all the history of conversions
how single family homes have been converted into multi-unit homes.
Sometimes a workers row home has been converted
into three apartments. We're talking about a 20 foot wide workers row home.
Um in many many instances I've seen that in the west ward. um and uh how those
conversions destroy the fabric, the social fabric of the community. And I'm
not being anti- renter. Uh many renters are very responsible, but the nature of
let's say a homeowner versus a renter is that uh a renter's more most likely
going to be a transient through the neighborhood and is not going to invest
in the way that um a homeowner would. So I mean I have you asked me to talk
about parking. Um uh there's there are during snow removal, it's just a crisis.
Um during the summer months, um there are
many streets that are too narrow to park um on the street. So people are have to
go up onto the sidewalks. And then as a council member, I've received a number
of complaints about people's sidewalks cracking or, you know, uh getting
damaged because cars, you know, parked like on the sidewalk. And there's really
no alternative in many instances. And um [clears throat] that area around 12 is,
you know, is as dense as any.
I'm happy to talk about other issues, but you know, just
giving precedence to the parking issue. And also, um, just so you know, the
conversations I've had with public works,
you know, we don't know if it's a, uh, a lack of parking management or, uh,
what or potentially like as Dave Hopkins says at public works, um, like
60 pounds of potatoes that you're trying to stuff into a 10 pound bag. Um I might
be quoting that a little a little off, but
um my suspicion is it's actually a little of both. You know, I think that
there are too many cars um in large part because of these conversions and I also
think that you know there hasn't been any efforts to try to manage those cars
and there could be some efforts but the difficulty is for example parallel that
not parallel but diagonal parking. Um the streets are are simply not wide
enough to accommodate that. Um, so I've gone over that with Dave many times and
we're sort of batting it back and forth and there is a proposal potentially to
uh institute registration of cars just so that we have a sense of what we're
looking at, how many cars there are so that then we can go to the next step and
try to um uh come up with some solutions. But it's the situation's
a a critical stage.
» So, >> thank you.
» Welcome.
» You just got to go to the mic because it's being recorded. That's all.
» So, if anybody's at home, they can hear you.
I'm sorry, Mr. Eli. Can we have your address again, please?
» Sure. Sure. 305 West Monroe Street, Kurt Elely, Ehl Y. Um, for a significant
number of years, I was involved in the steering committee of the Westward
Neighborhood Partnership. And during that period of time, many
many discussions occurred about the conversion process and the impact that
that had on the west ward. In fact, I thought that there was a moratorum.
Pam, am I correct? Do you recall any of that? that there was at a time back,
we're talking probably 15, 20 years ago, >> there may have been that
» where there was a decision made by council to not allow conversions that
they had to come to an end. I'm not sure when the process sort of changed and
went in the other direction, but um the impact of those conversions in every
every aspect of their life in the West Wart is was and still is impacted by the
number of people. >> Unfortunately, and I I understand what
you're getting at. I don't mean to cut you off, but they're not asking for a
use variance here because, correct me if I'm wrong, but this the use is
permitted. Correct. >> That's correct.
» Okay. >> Oh, I understand that. I'm I'm just
saying that
if there are all of these other issues that you have pointed out the I mean I
don't I didn't count them all but it was more than a handful it felt like of
variances that are going to be required to allow in effect another conversion of
a single family home. I I'm just asking that you really
recognize the significance of that and the impact of that.
» And I I don't want to speak for the whole board for for myself. I I pretty
I'm I'm a real estate professional. So, we also have a housing crisis. So, we do
struggle here and I'm sure council members understand the homelessness that
we see every day, the struggle to keep up with rents,
» an individual trying to keep his home afloat with today's economic situations.
So, we all struggle with the parking. I will say as a Westward resident, I know
families that own homes that own six to eight cars.
So, whether you convert one house into two apartments, hopefully they have two
cars. I know I know families that have six cars, four of them are broken down,
three are operating. So, as you know, council members mentioned,
it's going to be difficult because there's no law as to how many cars you
can publicly park or publicly own. So, it's a it's a it's it's a great thing. I
I I I wish him the best because I don't know how to alleviate it without
basically cutting off public parking to folks, your friends, your neighbors. You
have a birthday party, they might not be allowed on your street. [clears throat]
So, it's a slippery slope.
» Uh, interesting commentary. >> Yeah, I I we we I agree. I'm just trying
to The other side of that fence as a resident and up here as the board is the
housing crisis. >> Well, again, that that brings up another
important subject. We need affordable housing. We need that
across our city. all the houses or not houses, but the apartments being built
are priced at a way that doesn't help solve the problem that you're alluding
to. So, we we need a a plan and we've got a professional planner now in our
city. She happens to be here today. So my hope is that she will be given the
support to do the kind of planning that allows us to hopefully alleviate this
whole entire mix of problems. >> I do hope so.
» I mean basic economics is supply and demand. So more supply should equal, you
know, should help. >> We'll be able to work it out.
» Yeah. But adding an additional even if it's one car, even if it's only what at
beginning might be one person additional that becomes two or three. Yeah.
» Um I'm just saying there's a whole history of the problem that was caused
by conversion, the efforts made by the city to bring that to a close and where
we are today. >> I just thought that might be helpful.
That's all. >> Yeah. Thank you.
» Thank you.
So, um, >> anything else you gentlemen want to add?
» No, we're good. We're board's good. >> No, we're good.
» We're good. All right, close up
Mr. Lozac >> I
» Miss Panto >> Miss Thomas
» hi. >> All right. So it was denied um for the
situation but you know we wish you the best and probably look for a roommate
situation be a lot easier. Thank you.