[4:24] If I could have your attention, please
for a moment.
[4:30] » I just want to go over the hearings for
tonight. First hearing is going to be 28
[4:35] Locust Street. Second hearing will be
260 West Milton.
[4:40] Third hearing will be 34 South 13th.
Fourth hearing will be 329 Folk Street.
[4:49] Fifth hearing is 1100 Bushkill Drive.
Sixth hearing is 1111 to13 Bushkill
[4:56] Drive. Last hearing will be 36 South
12th Street. And we'll be starting
[5:01] momentarily
soon as the rain stops.
[6:02] You ready?
>> Yeah. Go for it.
[6:05] » Are you ready?
>> Ready.
[6:08] » All right. I'll open the first hearing.
The secretary be the purpose, please.
[6:13] » All right. Applications hereby made for
a public hearing before the East and
[6:16] Zoning Hearing Board for a property
known as 28 South Locust Street Zoning
[6:20] District, West Ward, block class C.
Variance is as follows. 59515D
[6:26] proposed rear yard setback of 12 feet
10.5 in required as a minimum rear yard
[6:33] setback of 25 ft 59533
J3 proposed north and south off-
[6:40] streetet parking spaces are less than
the 4ft sideyard setback required off-
[6:46] streetet parking spaces shall be at
least 4 feet from any side lot line. The
[6:50] above action is request to proceed with
a proposal to build a two-unit duplex on
[6:54] the existing lot.
The appellent is Michael Brett at 123
[6:59] South Third Street, Eastern
Pennsylvania. Uh the owner is the
[7:03] Redevelopment Authority of East
Pennsylvania, 123 South Third Street. Um
[7:09] 50 adjacent property owners were
notified and it was published in the
[7:12] press.
>> Thank you, sir. See the applicant is
[7:15] present. Is there anybody else here in
the audience that wants to speak at this
[7:19] hearing?
[7:22] All right, I'm going to have you guys
sworn in now. Do you want to stand up,
[7:25] please?
[7:32] » This just for 28.
>> This is just for 28 Locust Street.
[7:38] » You're here for another hearing. You
don't need to be sworn right now.
[7:49] I do. [clears throat]
[7:53] » Yep.
>> Yeah, the rain's super loud.
[7:58] » Y
>> Mr. Tman, with this property posted?
[8:00] » Yes, it was.
>> Okay. You want to start, sir?
[8:03] » Yep. Thank you, uh, Mr. Chairman. Uh, my
name is Will Edinger. I'm the solicitor
[8:07] for the redevelopment authority. Last
name spelled OE T. I n ger. We are here
[8:13] on 28 South Locust Street for variances
related to rear yard setback and uh
[8:19] parking relative to the sideyard
setbacks. Um just some history on this
[8:25] property. It was formerly a a blighted
property which was acquired by the
[8:31] redevelopment authority through eminent
domain. Um to the rear of the property
[8:37] is Dutchtown Park. Um there are some
challenging physical features to the
[8:41] property like steep slopes. Um in 2022
the redevelopment authority in
[8:47] conjunction with the city uh did a lot
consolidation plan in which it took what
[8:53] I would call basically jigsaw pieces and
made them into a regular lot. Um the
[9:01] to the north of the property is the
parking for Dutchtown Park uh which and
[9:07] the park itself form is the backyard to
this property. Um the proposal is to
[9:14] have a uh to construct a duplex with one
unit being uh owner occupied and the
[9:20] other unit to be basically an aging in
place facility. Um,
[9:27] but other than that, we are required to
have three parking spaces and this is a
[9:31] limited site and there's not a lot of on
street parking at this spot. Um, it's a
[9:36] class C block under the zoning
ordinance. Um, so to provide on-site
[9:41] parking, we really the only place we can
place it on this property.
[9:46] » So, so you meet the parking um criteria,
just not the the width of the parking
[9:51] spaces. Well, the the parking spaces
themselves are wide enough. Just their
[9:55] location relative to the property to the
sideyard is too close to the sideyard.
[10:00] Um,
in one instance, the neighbor is the
[10:04] city of Easton. It's its parking lot.
So, uh, and on the other side, there's
[10:10] what looks like a crumbling down parking
spot already, but we would just be
[10:14] cleaning that up and putting a parking
spot there.
[10:28] though the the board is aware. Would you
identify yourself for the record,
[10:32] please?
>> Sure. My name is Michael Brett. I'm the
[10:34] deputy director of the redevelopment
authority here on behalf of the
[10:37] redevelopment authority.
>> Thank you.
[10:47] So the first set is um the planning
application where you can see the kind
[10:50] of chopped up. It was originally three
lots, 26 Locust Street and 28th Locust
[10:54] Street. Um as you flip through the
proposed lots and ultimately became the
[10:59] approved lot um known as 28 South Locust
Street is a combination of a
[11:04] consolidation of the two smaller lots
and then a lot line adjustment with
[11:08] Dutchtown Park behind it to square it
off and give it, you know, a more um
[11:12] buildable surface area. And the final um
print out is the proposed zoning
[11:19] diagram. So it shows the residents um in
elevation and plan. The lower um the
[11:26] lower unit as as Mr. Edinger described
is an ADA compliant wheelchair
[11:31] accessible aging in place unit with a um
a300 foot home built on top of it.
[11:39] » And for the record what Mr. Brett just
described
[11:43] uh along with another attachment a
memorandum
[11:48] and the planning commission resolution
dated August 3, 2022
[11:55] uh has been marked as exhibit A1.
>> Thank you.
[12:01] » We're happy to answer any questions from
the board.
[12:04] » Uh the uh re our setback is that
proposed u lot one or two. So it's it's
[12:11] one lot because it's a dup a stack
duplex.
[12:15] » Okay.
>> So it'll be one 12 foot 10 inch setback
[12:19] to the rear yard which to the rear
property line which is itself um city
[12:24] property.
>> So it's in order to meet the rear
[12:28] setback the building orientation or
dimensions would take up more street
[12:32] frontage. Um but to maximize the street
frontage to get um three off streetet
[12:36] parking spots we we approach it as a
kind of
[12:40] short and a narrow um footprint so that
we can maximize the street frontage for
[12:44] driveway aprons. Um so it was like one
way we weren't going to get we're going
[12:49] to be sacrificing something either way
and I think the parking is more
[12:53] valuable. It was our kind of judgment
call on this.
[12:56] » Any other questions from the board?
[13:02] » No,
no further questions. You have anything
[13:05] else you want to add?
>> No, that's all. Just ask respectfully
[13:08] that you grant the variances as
requested.
[13:10] » Was there anybody I forgot? Was anybody
else warning? Wasn't it? Was there?
[13:14] » All right, I'm close the hearing.
[clears throat]
[13:21] » Yeah, I mean
[13:26] I'd rather have
[13:38] Yeah, absolutely.
>> Motion to approve by Mrs. Panto.
[13:44] » Second.
>> Second by Mr. Lopac.
[13:48] » Miss Panto.
>> Mr. Loac.
[13:51] » I
>> Mr. Civetella.
[13:52] » Hi,
>> Miss Thomas.
[13:53] » Hi.
>> Granite. Good luck.
[13:56] » Thank you very much. Have a good
evening.
[14:09] » [snorts]
[14:14] » All right. Open up the next hearing.
Your secretary with the purpose, please.
[14:18] [clears throat]
>> All right. Applications hereby made for
[14:19] public hearing before the East and
Zoning Hearing Board for property known
[14:23] as 260 West Milton Street zoning
district southside street corridor
[14:26] enhancement block class B. Special
exception 59514F13F1
[14:33] proposed a 6' high fence in the
sideyard. Requirement special exception
[14:38] for fences over 4 ft in height. Above
action is requested to proceed with a 50
[14:43] foot by 6 foot high pressuret treated
lumber uh standard privacy vertical
[14:48] boards with one gate fence. The
appellant is Raymond Gonzalez at 913
[14:53] Woodbine Avenue Ben Salem, PA1 19020.
The owner is um Katherine uh Puffer at
[15:02] 260 West Milton Street, Eastn PA. Uh 29
adjacent properties were notified and it
[15:08] was published in the press.
[clears throat]
[15:11] And then I have uh the East and Planning
Commission resolution from August 5th,
[15:16] 2026. Now therefore, it be resolved that
the East and Planning Commission
[15:20] recommends to the zoning hearing board
that the special exception be granted
[15:24] for the six-foot fence at 260 West Mil
Street based on the findings that the
[15:29] proposed use is generally consistent
with 59507C
[15:34] considerations for special exceptions
request 59540C
[15:37] criteria for special exceptions in the
city's comprehensive plan with the
[15:42] following conditions. One, the applica
application is subject to any conditions
[15:45] the zoning hearing board may impose.
Two, all additional comments from the
[15:49] zoning administrator, zoning hearing
board, codes and planning department and
[15:52] city engineer shall be met.
>> Thank you, sir. Is the applicant
[15:57] present? Come forward, please. Is there
anybody else that's here for this
[16:01] hearing?
[16:04] I have many standing, please. It's going
to be sworn in.
[16:16] And Mr. Tman, this property was posted.
>> Yes, it was.
[16:19] » If you give your name and address for
the record, please.
[16:22] » Yeah. Deter. I don't think it's on. Is
it on?
[16:25] » Yep. There you go.
>> Katherine Feifer, 260 West Mill.
[16:28] » Thank you. Okay. Tell us why you're
here.
[16:30] » Um, I'm just purchasing a fence because
the area is a little bit dangerous and I
[16:35] have a dog.
So, your 4 foot fence, a 4 foot fence is
[16:41] not um good for you. Why?
>> That dog's definitely going to jump over
[16:45] that fence.
[laughter]
[16:50] » That's hard to argue with.
[16:59] So from the from the photo we have is
that the defense cover looks like it's
[17:04] almost triangular.
>> Yeah. Back um one just because it's a
[17:10] little bit of a dangerous area if you're
looking around the corner. We wanted to
[17:13] make sure you could see the corner. As
you know Milton and Philadelphia is
[17:20] pretty pretty intense. So we did that.
And then also my neighbor owns some of
[17:26] the yard on the side. So, we wanted to
be cautious of that as well.
[17:29] » Okay.
Any questions?
[17:33] » Just one, when you say dangerous, are
you talking about the traffic
[17:36] surrounding the property?
>> Yeah, I would say the traffic and
[17:39] there's a lot of car accidents there.
>> Thank you.
[17:49] Has your dog jumped to 4ft fence? Um,
no, but he jumps. Um, he's a cattle dog,
[17:57] so in training he kind of jumps for fun.
So,
[18:02] » okay.
[18:05] » All right.
Any other questions?
[18:21] » All right, reporters. No further
questions. You have anything else you
[18:23] want to add?
>> All right. Close the hearing.
[18:46] I have a dog.
[18:55] » Yeah,
[19:04] » Mr. Thomas made the to approve.
Second, Mrs. Panto.
[19:10] » Miss Thomas.
>> Hi,
[19:12] » Miss Manto.
>> Hi,
[19:13] » Mr. Civetella.
>> Hi,
[19:15] » Mr. Lopac.
>> Hi.
[19:17] » All right. Where'd she go?
>> Thought you jumped the fence. All right.
[19:22] [laughter]
>> It's been approved. Good luck. You don't
[19:27] have to stay. I mean, you can if you
want to, but you don't have to.
[19:44] Ruin
>> sir. All right. I'll open up the next
[19:48] hearing. The secretary read the purpose,
please.
[19:50] » All right. Applications hereby made for
a public hearing before the eastern
[19:54] zoning hearing board for a property
known as 34 South 13th Street Zoning
[19:57] District Westward Street corridor
enhancement block class C. Variances as
[20:02] follows. 59515
F6 proposed 19 foot and a half uh wide
[20:08] driveway required driveways shall be no
more than 10 ft wide. 59533
[20:14] J3 proposed zero sideyard setback
required off- streetet parking shall be
[20:19] at least 4T from any side lot line. The
above action is request to proceed with
[20:24] uh they want to remove old bricks and
replace them with concrete so that cars
[20:29] can park in the back of the house. Uh,
the pellant is Glad Glattis Orons at 348
[20:35] Wed Wedgewood Drive, East NPA 18045.
The owner is Suzanne
[20:43] Peter Rosowskis.
Sorry if I messed that up. At 34 South
[20:48] 13th Street, East NPA. Uh, 40 47
adjacent property owners were notified
[20:53] and it was published in the press.
>> Thank you. See the applicant is present.
[20:58] You want to rem remain standing. Is
there anybody here in the audience that
[21:01] wants to speak at this hearing?
[21:06] » I ask you to be sworn in now.
[21:25] » All right. You may be seated.
If you could um Mr. Tilman, this
[21:30] property was posted.
>> Yes, it was.
[21:32] » And Mr. Chairman, before you proceed, if
I may, Mr. Tilman, unlike uh the others
[21:37] in our uh packet tonight, uh there was
no authorization included with this
[21:43] particular appeal. Is there one on file?
>> There is.
[21:46] » There is. Thank you.
>> If you could give your name and address
[21:50] for the record, please.
[21:54] » Is that on? The microphone on?
>> Is have turned on? There you go.
[21:57] » Brian Rodriguez, 341 13th Street.
>> And your name in?
[22:04] » Gladis Rodriguez.
Uh my address is 348
[22:10] Wwood Drive,
Houston, PA.
[22:15] » Thank you.
>> So tell us why you're here.
[22:19] » So we would like to install a driveway
in the back of the yard. Um the the
[22:26] yard's basically useless anyways other
than for a driveway and we think it'd be
[22:32] really convenient especially in the
winter when there's uh you know state of
[22:37] emergencies and they make everybody
clear out 13th Street like no one's
[22:42] allowed to park there be easy for
>> Do you have photos there?
[22:48] » Yeah.
[22:52] You want to give them to the secretary
first, please?
[22:55] » Yeah.
[23:11] Would
[23:30] you like to come up and identify these
after I marked them?
[23:43] Okay, I've marked this photo A1. If you
can identify that for the board, please.
[23:53] » Oh, so that's the entrance from the
alleyway into the yard.
[24:02] » You want to pass it down?
>> It's in the front.
[24:05] » And I've marked this as A2. Would you
identify that please? That is the
[24:10] current patio
driveway
[24:15] » already there.
[24:22] » And A3,
[24:27] that's a little area that we'd like to
turn into a garden once we're done
[24:33] renovating the house.
[24:39] and A4.
[24:44] » That is a picture of the alleyway behind
the house.
[24:49] » Just showing that the other properties,
>> this is A3,
[24:53] » also have a fairly small yard.
>> Mr. Tilman, if I can interrupt for a
[24:57] second. What does A3 have to do with
>> These are just photos of his rear yard
[25:03] that he took that the applicant took.
So, but this has nothing to do with the
[25:06] with the parking pad
>> typically. No,
[25:09] » no, he's just showing the description of
his backyard.
[25:12] » Is there any kind of impervious surface?
>> No, he's in a street. He's in a street
[25:17] corridor, so he can go 100%.
>> Okay.
[25:23] » Yeah. No, you can.
[25:30] » And this is A5.
That's the rest of the patio driveway.
[25:37] » No, this is the drive already there.
[25:43] » Folks, can we keep
>> Oh, okay.
[25:50] » Yeah. So, there's like a patio
patio driveway
[26:00] and then a six
[26:04] That's another view of the entrance from
the alleyway into the backyard.
[26:10] » And there are [clears throat] there are
uh landscaping stones there. Is that an
[26:16] accurate description?
>> Ugly landscaping stones.
[26:23] » Replace all of that.
>> Was that six?
[26:29] Yep.
All right. This is A7.
[26:42] » It's basically the same photo. It's just
>> You want to just keep that one then and
[26:46] we'll mark the next one. A7.
[26:52] » All right. Then the replacement A7.
Would you describe that, please?
[26:56] » Uh, again, another photo showing that
other neighbors also have
[27:01] 100% driveway for our yard.
[27:17] May I?
[27:23] Thank you.
[27:36] So, in other words, you're not you're
not going to have any green yard at all.
[27:41] » Yeah, we will. In that one photo that I
showed that I said I want to turn into a
[27:46] garden.
>> Okay.
[27:47] » Yeah.
>> I mean, he means green that you're going
[27:49] to park on.
>> So, you're not going to park on
[27:53] » I wouldn't I would not like to park on
grass. I would like to park on concrete
[27:57] or asphalt,
>> right? Yeah. No, Mike, with all due
[28:02] respect, that's not what I was
>> asking if he was going to have any green
[28:07] grassy yard at all.
>> Well, there it would be about a 25 Well,
[28:13] no, I think it's a 20 by like three foot
area.
[28:18] » That's that area that I want to turn
into a garden.
[28:23] And what is the size of the rest of your
yard that you're planning on? You You
[28:27] keep saying driveway. Is it Is it just
>> It's already covered in concrete. It's
[28:32] just It's all busted up. And
[28:37] » I think it was I I don't know which
which how you marked it, but you can see
[28:42] in this photo that there's a concrete
slab right here.
[28:45] » Okay.
>> And then there's a paver area right next
[28:50] to it. So your your entire yard is
already
[28:55] » Yeah.
>> concrete or or
[28:57] » I just want to replace it with something
nice.
[29:02] » And this is just for cars in your
household.
[29:04] » Mhm.
>> And how many cars you have?
[29:06] » There'll only be two.
>> Maybe two.
[29:08] » Yeah. Once I'm able to move in.
>> Once I'm sorry, what?
[29:13] » Once I'm able to move in.
>> I'm I'm renovating it. Currently living
[29:18] with my mom.
So, it's just going to be you in the
[29:22] house.
>> Mhm.
[29:23] » And your mom?
>> No, just me.
[29:25] » Well, then you have two cars.
>> Yeah. A truck and a
[29:28] » Okay. Okay.
>> Any questions from the board?
[29:35] » I know there were some people that
wanted that were sworn in.
[29:39] You want to come forward, please?
[29:50] If you would state your name and address
for the record, please.
[29:52] » David Cubic, uh, 36 South 13th Street.
Cubic. K U B I C.
[30:02] » My only concern was it was brought to
our attention by the realtor that it was
[30:08] going to be a multi-purpose home and it
was listed as a single family. If it's
[30:13] him,
and it's just him living there.
[30:17] » I have no objections.
>> That's I think that's I think that's
[30:19] what he said, right? There's no
>> that's what he just stated. That's when
[30:23] my whole I was like, "Okay." Because it
was brought to our attention from the
[30:27] realtor that it was to be renovated and
made a multi-purpose home. And I'm
[30:30] thinking to myself, you know,
>> we've been here for 17 years. All of the
[30:34] neighbors on the block has been here for
more than 20 years. We maintain that
[30:38] alley. We snowblow it. Um I have
neighbors with disabilities, so you
[30:44] know, to try to keep it open in case
there is an emergency so they can get
[30:47] their cars out of the back in the winter
time. It gets to be a community effort
[30:51] back there. So, that was my major
concern. If it's him, welcome to the
[30:56] neighborhood. If it's his two cars, I
can handle it. So, I don't
[31:00] » And again, you don't Your plan is not to
have it a multi-unit
[31:05] » place. No, no. One family for the house.
>> I only seen him in passing one time. I
[31:11] wish he would have introduced himself.
You know, we could have had this
[31:15] conversation probably in the backyard.
Unfortunately, that didn't happen. I
[31:19] hope to see him in the future and
>> you know, we can go from there.
[31:22] » Looks like there are no backyards.
[laughter]
[31:27] » Listen, I have five tomato plants in my
backyard. So, all right. There you go.
[31:31] » You know,
you know, we we do have a little bit of
[31:35] backard and you know, everybody tries to
keep their stuff.
[31:39] We were just concerned that, you know,
it was going to be a parking pad for
[31:42] » for apartment. You know, like I said,
like it was said to me to by the realtor
[31:47] before they [clears throat] had
purchased the house. That's what the
[31:49] intentions were. I don't know if that
was maybe that was a different seller
[31:53] for all. I was just concerned.
>> Well, he stated on the record that it's
[31:56] not. So,
>> which is fine.
[31:58] » Got him on that.
>> Thank you for your time.
[32:01] » Thank you.
>> Thank you.
[32:02] » And Mr. Mr. Tman, if I may, just for the
record, what is the current designation
[32:06] of this property?
>> It is an A2 semi- detached dwelling.
[32:11] » Single family.
>> Single family.
[32:13] » Thank you.
>> Okay. Anybody else that was sworn in?
[32:18] You weren't sworn in.
>> Well, there
[32:25] sir, were you sworn in? You weren't
sworn in.
[32:27] » Okay.
>> Yes.
[32:34] Yes,
>> I do so swear.
[32:37] » You give your name and address for the
record, please.
[32:40] » 1236 Northampton Street. Will this
construction of yours in your
[32:46] surrounding property affect my
restaurant, Brooklyn Eats, SNS, my
[32:50] awesome neighbors, or the Paxosa school?
>> No.
[32:55] » Any of that surrounding area? No.
>> All right, then. I wish you the best on
[32:59] your construction then. Thank you.
>> Thank you.
[33:03] » Thank you.
>> Anybody else?
[33:08] » Any other questions from the board?
[33:13] » You have something?
[33:26] » So that's a good point. So, um, so
you're going from
[33:32] your
>> property line to property line,
[33:34] » property line to property line
>> wide,
[33:36] » zero yard setback.
>> Is that
[33:41] » And I don't have a measurement of of it.
We don't have any drawings or anything.
[33:45] Is that necessary to fit two cars or is
that
[33:49] » just just for like a approach angle and
since it is a fairly narrow driveway in
[33:54] the back and I have quite long truck
uh just to be able to to have some more
[34:02] approach angle.
>> You have a 19 and a half wide driveway.
[34:07] » Mhm. [clears throat]
>> I'm trying to follow suit. Yeah.
[34:10] » And then, you know, having one car
parked, let's say, to the left and then
[34:14] I would try to come in with my truck and
park it on the right side.
[34:19] » Yeah.
>> Just to have two two parking spots.
[34:24] Could you could you have a foot on each
side?
[34:27] » How how wide is the property?
>> I think the property is about 20 ft
[34:32] wide.
>> Oh, just 20.
[34:35] » Yeah.
[34:40] » 10 ft. 9 ft is the
>> That's 9 ft
[34:44] 9 by 18.
[34:55] I know. Yeah. So, what we're
[35:02] » Would you would you be agreeable to have
a foot on each side so that you have
[35:07] some space between property lines so
that you can at least uh take care of
[35:12] the property on your own side. So if
you're if you're from property line to
[35:15] property line, you have to go on
somebody else's property to take care of
[35:19] it basically. [clears throat]
>> And water runoff.
[35:22] » And water runoff also would be
>> you give yourself a little bit of
[35:27] permeable surface.
>> I I can do that. Yeah.
[35:30] » Okay.
>> I I'll put a one foot
[35:36] margin on either side of it. So, you
realize that is going to require that
[35:42] you uh on the record modify your appeal
to request not a zero sideyard setback,
[35:50] but a one foot sideyard setback on each
side.
[35:56] » I'm I'm sorry, one one more time.
>> It's okay. We would ask if that's what
[36:00] you're willing to do uh that you verify
you are willing to revise your appeal to
[36:06] request a one foot sideyard setback on
each side of the property.
[36:12] » Okay.
>> Instead of zero
[36:16] » So would I would I have to resubmit that
application and come here again?
[36:20] » Nope. I'm asking you to do it now on the
record.
[36:23] » Oh. Uh yeah. Okay.
[36:36] All right.
Any other questions?
[36:41] » Now, Mr. Chairman, do you want to
specify that that one foot setback be
[36:48] saw or grass and not stone or any other?
>> I understand.
[36:54] » I I don't I don't typically have a
preference. No, I mean Okay.
[36:59] » Jacob.
>> Okay.
[37:02] » Just just ask.
[37:09] » All right. The board has no further
questions. Do you have anything else you
[37:12] want to add?
>> No, sir.
[37:13] » All right. Thank you. I close the
hearing.
[37:18] » I would suggest the board consider
attaching a condition prohibiting rental
[37:24] of the spaces to
[37:50] Mr. Thomas, Mrs. Thomas and make a
motion. Okay. To approve
[37:55] » Mr. Lopac. Second
>> with that condition.
[37:58] » That condition.
>> Yes.
[38:00] » All right. Uh, Miss Thomas.
>> Hi,
[38:02] » Mr. Lopes.
>> I,
[38:04] » Miss Mr. Civetella.
>> Hi,
[38:06] » Miss Panto. So, it's been it's been
approved with the condition that you can
[38:10] only use it for people with that
property.
[38:14] » Can't rent it out.
>> Okay.
[38:16] » Okay.
>> Thank you.
[38:19] » Thank you.
[38:34] Ready.
[38:51] » Ready. All right. Open up the next
hearing. Your secretary to purpose,
[38:54] please.
>> All right. Applications hereby made for
[38:58] public hearing before the eastern zoning
hearing board for a property known as
[39:01] 329 Folk Street zoning district
southside block class C. Special
[39:06] exception for an A7 multifamily and
variances as follows. 59514C1
[39:12] proposed an A7 multifamily dwelling
required a special exception.
[39:17] 59514D
proposed existing lot area of 4,875
[39:22] square feet. Required minimum lot area
of 5,000 square feet. 59514D
[39:29] proposed existing 5 foot bill line
required a three-foot build two line.
[39:35] 59514D
proposed existing zero rear yard setback
[39:41] required a minimum 25 foot rear yard
setback. 59514D
[39:47] proposed existing imperous coverage of
67%.
[39:51] Required maximum impervious coverage not
to exceed 50%.
[39:56] 59514F3
proposed. No street trees require street
[40:01] trees shall be planted along all streets
in accordance with chapter 5542 and as
[40:06] determined by the city forester 59532A2A
proposed 1219 square ft per dwelling
[40:15] unit required a minimum lot size 1250
square feet per dwelling unit. The above
[40:22] actions request to proceed with the
conversion of an A2 mixed residential
[40:26] business into an A7 multi-use. The
appellent is Atten Vermin at 831 Walnut
[40:32] A Eastn PA 18042.
The owner is Avis Property LLC at 831
[40:39] Walnut A Eastn PA. Uh 38 adjacent
property owners were notified. It was
[40:45] published in the press.
We also have the resolution from the
[40:51] Eastn Planning Commission dated August
5th, 2026.
[40:55] Now, now therefore, it be resolved that
the East Planning Commission recommends
[40:59] to the zoning hearing board that the
special exception be granted for the A7
[41:04] multifamily use at 329 Folk Street based
on the findings that the proposed use is
[41:08] generally consistent with 59507C.
Considerations for special exception
[41:14] request 59540C
criteria for special exceptions and the
[41:19] city's comprehensive plan with the
following conditions. One, an impact
[41:23] assessment and mitigation statement is
submitted and reviewed by planning
[41:27] commission as part of the land
development application. Two, the zoning
[41:30] hearing board consider new information
provided by the applicant at the August
[41:35] 5th, 2026 planning commission regarding
the applicant's commitment to planting
[41:40] forestry trees along the frontage of the
property. Three, the applica application
[41:46] is subject to any conditions the zoning
hearing board may impose. Four, all
[41:50] additional comments from the zoning
administrator, zoning hearing board,
[41:53] codes and planning department, and city
engineer shall be met.
[41:57] » Mr. Tman, I um And I could have heard it
wrong, but did you say A2 or A12?
[42:03] » Did you hear it?
>> It did say A2 and I was going to wait,
[42:05] but it is an A12 existing.
>> All right,
[42:09] » is is the applicant present?
>> Is there anybody in this audience that
[42:14] wants to speak at this hearing?
>> Have you stand up, sir, be sworn in,
[42:19] please?
[42:28] Yes, I do.
>> Okay. You want to give your name and
[42:31] address for the record, please?
>> Hatton Verma, 831 Walnut Street, Eastern
[42:36] PA.
>> And uh chair, Mr. Chair, this property
[42:41] was posted.
>> Thank you.
[42:46] » You can tell I forgot, didn't you?
>> Did. All right, sir. Tell us why you're
[42:49] here.
>> I'm requesting to turn this uh
[42:53] commercial unit into a three unit
apartment building. It has an attached
[42:58] house is one lot is one parcel and
it's due to the hardship that I'm going
[43:05] for this because I'm not able to rent
that spot out at all and I'm not looking
[43:09] to construct anything
outside the building that is already
[43:14] existing. So everything that is I'm
doing or proposing it's inside. So I'm
[43:18] not increasing the footprint. I'm not
doing nothing that sort.
[43:23] Can you speak then to the all the
proposed um
[43:30] codes that you that you know that are
our codes don't allow for you? So you
[43:34] could tell the board you know why you
need all the variances and I think one
[43:39] is a special exception.
>> Uh which one?
[43:44] » All of them.
>> I don't have anything in front of me
[43:46] right now to tell you.
Um,
[43:49] » so you have a so you have a minimum lot
area of 5,000 square feet and you're and
[43:54] you're proposing 4,875.
You have a three foot build to line. You
[43:59] need five feet to build
25 foot rare setback. You're proposing
[44:05] nothing.
You have a maximum impervious cover
[44:09] coverage not to exceed 50%. You are at
67%.
[44:13] Uh, you're proposing no trees when it
calls for trees.
[44:17] No, I am proposing trees. Four trees.
>> You are?
[44:20] » Yes.
>> Per the
[44:24] » Oh, okay. Okay. I'm sorry.
>> And then the minimum lot size of 1,250
[44:30] ft versus your 1219
square feet. So,
[44:38] let let me see if I can make this easy.
Uh in your opening statement, did I
[44:42] understand you correctly when you said
that you were having difficulty renting
[44:48] the commercial unit?
>> Yes. Because of uh the traffic that will
[44:52] bring to the neighborhood. Um uh we
proposed barber shop that got denied. We
[44:57] proposed a couple other units and they
were denied different businesses and
[45:02] there was one approved but then
neighbors complained because it was
[45:06] actually helping. It was something to do
with community helping and these people
[45:11] will line up front of the location early
morning like 7 o'clock 10 20 of them for
[45:17] whatever they the business was I think
they were helping they were government
[45:21] site something like that but anyways
they were denied to renew the lease for
[45:26] the second time since then we haven't
been leased at all
[45:29] » okay and so all you're not there are
three separate units in the building
[45:36] presently
So there is
[45:42] so there's a house same parcel same lot
there's a house attached and then
[45:46] there's a building which is commercial
also attached so it's like I guess this
[45:51] was mix right so the commercial building
that is there
[45:57] this is the entire commercial building
right here and we are just dividing that
[46:01] within the premises that exist
two into three apartments
[46:09] and they all have because the corner
property it has all all the three
[46:13] apartments have their own entrances and
windows.
[46:22] » There are two buildings on this
property.
[46:25] » There is a house attached to the
building.
[46:28] » Are they both on the same property, Mr.
Tman?
[46:31] » They are.
So if you look at
[46:36] and the packet here at the corner one.
So, this single family house, well, it's
[46:40] a part of the mixed juice, but it's
connected to the commercial building.
[46:44] Got it.
>> Which I'm not touching at all. That
[46:47] stays as is.
>> I was going to ask you that. So, you're
[46:49] doing nothing with the house.
>> We're not doing nothing with the house.
[46:53] » And the house is just a single family.
>> Single family. Yes.
[46:57] » And we do rent out to section 8. So,
that's what's going to be used for as
[47:00] well.
[47:06] We're not changing anything on print.
No,
[47:09] » only interior.
[47:15] » Exactly. Right. Correct.
[47:19] » I see a garage. Is there Is there a
garage?
[47:22] » That garage is going to turn into like a
studio apartment.
[47:25] » Okay.
That garage was for the house.
[47:28] » No, it was for the commercial.
>> Commercial.
[47:30] » Yeah.
And when you were talking about the the
[47:33] denied rentals, did you own it during
this? Can you give a little more? That
[47:37] was
>> I own the property for past five to six
[47:39] years now.
>> Okay. And throughout that, you've tried
[47:42] to go to a garage. They got denied so
forth and so on. So you've made various
[47:47] attempts for five years.
>> Yeah. And where the garage is, that's
[47:50] like a very narrow street. It got
parking on both sides. And um
[47:58] so we did rent it out to a um milwork
business but they were having difficulty
[48:05] getting big trucks delivery
so they left.
[48:12] » Yeah.
[48:17] So with those four dimensional variances
involving existing conditions, you're
[48:25] going to plant four trees in the front
to address 59514F3
[48:31] leaves you requesting a 31 square foot
per dwelling unit variance for each of
[48:37] the three new residential units.
>> Yes, please. boils down to
[48:52] try.
[49:07] Do you have any other questions for him?
Any
[49:11] questions? No further questions.
Anything else you want to add?
[49:16] » Okay. Close the hearing.
[49:31] You do want to attach as any approval
you enterainment
[49:37] that he installed those four.
>> Okay.
[49:43] We can do it the planning commission.
>> Okay.
[49:49] Who made the motion?
>> Mrs. Pens made a motion to approve. Mr.
[49:54] Lac second with that condition.
>> All right. Miss Pa.
[49:58] » Mr. Lopac.
>> I.
[49:59] » Mr. Civetella. Hi,
>> Miss Thomas.
[50:02] » Hi.
>> It's been approved with that with the
[50:05] condition to add the port trees.
>> I will definitely will do that. Thank
[50:08] you very much.
>> Thank you.
[50:09] » Good luck.
>> Thank you.
[50:14] » Yeah.
[50:25] » Mr. Chairman
[50:29] desire to
Do you
[50:32] » I'm okay.
>> Yeah. Okay. We're doing this separate,
[50:36] right?
>> Yeah, we are doing it separate. So maybe
[50:38] if we need to
>> Okay. All right.
[50:45] Are you ready?
>> Yep.
[50:47] » All right. Open up the next hearing.
Second to read the purpose, please.
[50:51] [clears throat]
>> All right. Applications hereby made for
[50:54] a public hearing before the Eastn Zoning
Hearing Board for property known as 1100
[50:58] Bushkill Drive, zoning district river
corridor, block class B, special
[51:02] exception for an A12 mixeduse
residential business and variances as
[51:07] follows. 59517
C5 proposed an A12 mixed residential
[51:13] business required a special exception
59517D1
[51:18] proposed building height of 62 ft
required a maximum building height of 40
[51:23] ft 59517F3
proposed shrubs along the street side of
[51:29] the building required street trees shall
be planted along both sides of all
[51:33] streets in accordance with chapter 5542
And as determined by the city forester
[51:39] 59517F6
proposed driveways driveway to be 24
[51:45] feet wide require driveways access via
street and not an alley shall be no more
[51:51] than 10 ft wide. The above action is
request to proceed with construction of
[51:55] a mixeduse residential commercial
building for the redevelopment of
[51:59] existing property along Bushkill Drive.
The pelen is Brandon Walker at 1 Oxford
[52:05] Center, Pittsburgh, PA5219.
The owner of the property is uh City of
[52:11] East at 123 South Thirdrd Street, Eastn
PA. 25 adjacent property owners were
[52:17] notified. It was published in the press
and resolution from the Eastn Planning
[52:24] Commission July 1st, 2026. Now
therefore, it be resolved that the Eastn
[52:30] Planning Commission grants conditional
preliminary approval of the submitted
[52:34] plan titled the Foundry Site Development
Plan provided that the applicant aderes
[52:40] to the following conditions. One, the
plans shall comply with the planning
[52:44] staff's analysis memorandum dated June
22, 2026 and comply with all comments in
[52:51] the April 24th, 2026 letter from LVPC.
Two, the zoning hearing board grants a
[52:57] special exception and variances required
with this application and subject to any
[53:01] conditions. The zoning hearing board may
impose all variances that have been
[53:05] addressed and submitted revision shall
be withdrawn on record. Three, monuments
[53:11] and markers shall be verified and shown
for all corners of the property. Four, a
[53:15] note indicating the site is not within
the 100year foot flood plane shall be
[53:20] added to the plans. Five, standard
approved uh city certificates shall be
[53:25] added to the plans. Six, all additional
comments and concerns of the city
[53:29] engineering engineer, city forester,
zoning administrator, fire department,
[53:34] codes department shall be met. Seven,
the plan shall not be recorded and with
[53:39] the county of Northampton, Pennsylvania
to all plan titles and certificates are
[53:42] endorsed by authorized signatures.
>> Thank you, Toman. Um, is the applicant
[53:49] present?
>> Yes. Anybody here for this hearing?
[53:55] Anybody that wish to speak at this
hearing? I need you to be sworn in now.
[53:58] If you don't, if you're not going to be
sworn in, you're not going to speak
[54:01] later.
[54:19] » Mr. Chair, this property was posted.
>> I I was getting to that.
[54:23] » Oh, I'm sorry, sir. [laughter]
[54:27] » Hi, y'all.
>> Councelor, if you could have your um
[54:32] applicants give their names and address
for the record, that'd be great.
[54:36] » Can just make sure that's on.
>> Hi, this is Mark Mulligan, uh VM
[54:42] Development Group representing the
preferred developer. Uh address 1 South
[54:46] 3rd Street, 9th floor, Eastern PA.
Gretchen Rice representing VM
[54:53] Development Group 1 South 3rd Street
Eastern PA.
[54:55] » I'm sorry, your last name
>> Rice. R I
[54:58] » Oh, Rice. Okay, thank you.
>> May proceed. And sir, you are
[55:05] » Brandon Walker. I'm with HDR Engineering
for the project and that would be uh
[55:13] Oxford Center, Pittsburgh, PA1529.
And before we proceed, Mr. Chairman, Mr.
[55:20] Tilman, can I just ask one thing just to
get it on the record? Was there a
[55:24] determination made as to whether that
this port this property or any portion
[55:29] of it is located in the flood plane?
>> The the back end where the
[55:37] the storm water um
ripin uh just just barely breaks the
[55:44] boundary of the flood plane, 100-year
flood plane. Um, we had discussions with
[55:47] the city and uh with Brandon Walker that
will be relocated outside of the
[55:53] 100-year flip.
>> Okay. Thank you.
[55:59] » Now we can proceed.
>> Good evening. Um, thanks for seeing us
[56:04] this evening. Um I just wanted to state
for the record that uh we it came to our
[56:09] attention uh late on Friday and more
into Monday even though we had gone
[56:15] before the planning commission and shown
our plans and so on and you know we've
[56:20] been working with the city's team for
better part of two years and this
[56:25] project's been in progress for five
years and it's gone through a couple
[56:28] iterations that um some members of the
public did not like the uh facade design
[56:35] uh that we uh had proposed at this point
in the project uh and that we are
[56:39] planning to meet with council next uh
month and propose a variation on the
[56:46] shell of the building. But that is not
to say that we are here tonight though
[56:50] to solidify the zoning uh request that
we have here tonight to try to then
[56:55] solidify the shell of the buildings so
that we're all uh we're all on the same
[57:00] page. So that's why we're proceeding
this evening and we're happy to take all
[57:04] the questions necessary um you know at
that council meeting andor at the next
[57:08] planning commission meeting as it
relates to shell and design and scope of
[57:13] the exterior of the building.
>> Thank you.
[57:16] » Um as it goes to today and tonight's um
very limited scope um we're here to
[57:22] discuss um this building. There are two
this is on one side but they're
[57:26] separated by the street. So we're
actually here for two applications. Um
[57:30] that is the current look of the shell as
of Friday which will most likely be
[57:34] changing in the month of September.
That is the represents the parcel. If
[57:40] you'll notice the what u you know what
Dwayne was just talking about and being
[57:44] asked about is the storm system actually
is shared on both properties
[57:49] and then goes through that all the way
in the far right outlet is the outlet
[57:54] that was being discussed. It's barely
inside the buffer. Technically, D
[57:58] already granted us the uh the waiver to
put it exactly there, but it's not a big
[58:04] deal. When engineering looked at it, we
can pull it back a few feet. It seemed
[58:06] to be some concern. It's no problem at
all. We're here to try to please as many
[58:10] parties as possible. Um but yep, so the
first thing we're here for tonight is
[58:16] the special exception, which is really
just a figure of the fact we're in a
[58:20] special um we're in a special exception
zoning corridor, which is the river
[58:23] corridor. Um and as that is just I don't
if you remember with the silk mill uh
[58:29] you know every business was special
exception in the river corridor. So um
[58:34] we feel that you know we already have a
lot of mixed use in the river corridor
[58:38] and we're hoping that that continuation
of developing this actual Bushkill
[58:43] corridor with mixed use is still in
keeping with uh zoning compliance. So
[58:49] there's really not much more to say
other than this is a accepted principle
[58:52] already all over the silk mill and was
granted before.
[59:00] one of the two actually three right we
have three on this property variances
[59:05] right we have building height that's the
first one the original proposal we
[59:11] proposed to um the city back in 21 and
then reproposed in 24 the mic is not
[59:17] liking me um required us to get a at
least a 10 foot variance because we were
[59:24] doing a structure and then three floors
above now we're just doing four floors
[59:28] so it's basically the
The reason that we are asking for at
[59:33] least 10 ft and possibly 20 feet, it's
not quite 62. Um, it's actually 60 ft.
[59:40] when we actually looked at the plans
more carefully um by just to explain it
[59:44] a little bit at a time the way that we
would like to make the apartments
[59:48] instead of having eight foot ceilings
which are very low more in keeping with
[59:51] the mill and other buildings in the
corridor as you can see building K I
[59:56] don't know if anyone has visited the
silk mill recently the big building D
[1:00:00] the large buildings there also down the
street you have Hmel Lumber and then of
[1:00:04] course the paper mill all are tall
buildings we believe those represent the
[1:00:08] masses of the buildings in the corridor,
not the, you know, not the small homes
[1:00:13] and various other businesses that are
located directly across the street.
[1:00:17] That's our that's our feeling on it. And
we would like to have apartments that
[1:00:21] had higher ceilings 10t, which is why
we're proposing going from 40 to 50 ft.
[1:00:26] That would be 10 ft outside of the
current zoning request.
[1:00:31] We would also like to go an additional
10 feet. Um, we have the support of the
[1:00:35] Carl Stewart Arts Trail here tonight.
Jim Toy is here. is the executive
[1:00:38] director and uh we feel that um it's
important to show off the the site.
[1:00:43] They're actually already planning on
leasing the commercial space on the
[1:00:46] first floor as their trail office and
and gatherings place. And they would
[1:00:51] like to also have a roof deck where they
can host parties and fundraising events
[1:00:56] to help the trail, which the city will
be building after the fact. Really not
[1:01:00] on us. That's going to be on them to do
all that along the river corridor um on
[1:01:04] the edge of the property. and they would
have liked us to do a um a roof deck.
[1:01:09] And in doing that, we would need the
elevator to go to the roof and we need
[1:01:11] at least one stair tower to go to the
roof. So that's the additional 10 feet.
[1:01:15] The reason it says 62 feet is that's
technically the top of the building, but
[1:01:19] technically it's occupied space under
the zoning, which is brings us down a
[1:01:23] couple more feet to what we'd actually
be requesting. So we need 60 feet of
[1:01:28] zoning and 62 feet in reality. I'm not
sure if that how that is exactly if that
[1:01:32] makes any sense to you. Um, so that
really explains Oh, one more. Go back.
[1:01:39] Um, what are we missing?
>> I just wanted to
[1:01:42] » for clarity, the building is 50 ft high.
>> Yep.
[1:01:46] » There is a
very small elevator shaft and stair
[1:01:51] tower that would extend an additional 10
feet above that 50 ft. We could probably
[1:01:55] get four stories in the 40t requirement,
but we would rather have a product
[1:02:00] that's got a 10 foot ceiling than an 8
foot ceiling. We feel like that's a
[1:02:04] better quality product. Feel like that's
better all all around and in keeping
[1:02:09] with the other products and other
buildings in the corridor as Mark
[1:02:14] mentioned.
>> Yeah.
[1:02:15] » So, we're not asking for a 62 foot
building, but the way the zoning code is
[1:02:19] written, you still need a variance to
accommodate that elevator shaft and
[1:02:23] stair tower. to clarify that because I'm
wondering where the extra 10 feet was
[1:02:27] coming [laughter] from. Okay,
>> thank you. Well,
[1:02:29] » so and as Mark was saying, building K,
the silk mill is 73 feet. This building
[1:02:33] would be 50.
>> If I may though, just clarify because
[1:02:37] I'm not quite clear now. [laughter]
[1:02:44] » The amenity on the roof
>> presumably will be fenced in or or
[1:02:51] enclosed so nobody falls off the roof.
No,
[1:02:53] » no, it'll have a fence, but the So, you
imagine the building is 50 feet high to
[1:02:58] the to the top of the parapit, let's
say. Okay. And then
[1:03:02] » 10 more feet for an elevator shaft and
stair shaft for people to get in and out
[1:03:07] of that area. Then around that will just
be open space with railings.
[1:03:12] » Well, that's what I'm saying. It will it
will be enclosed with railings
[1:03:16] » with Oh, yes. With I'm sorry. Yes, we're
saying the same thing.
[1:03:18] » Roof deck will not be the entirety of
the roof. There's only one entrance, an
[1:03:25] egress to the roof deck. We're limited
to, I think, 750 square feet.
[1:03:28] » We're only It's the 750T is the limit,
>> which is a very small portion of the
[1:03:31] roof. So, that area will be enclosed by
some kind of fencing or railing.
[1:03:35] » Right.
>> Right.
[1:03:36] » I was hoping otherwise,
>> but it would probably be
[1:03:40] » We don't want anyone to fall off
clearly.
[1:03:41] » It would likely be centrally located in
the center of the roof structure. So, it
[1:03:45] wouldn't necessarily be on an edge.
>> That's what I'm trying to establish. So
[1:03:50] it will be set back so that from the
street it will appear as a 50-foot
[1:03:56] building not a 60ft building.
>> That is correct. Other than the stair
[1:04:00] tower and elevator exact small block.
>> Okay.
[1:04:03] » Which I'm not sure if you can see in the
you Yeah, you can see it.
[1:04:06] » You can just barely see it. And we're
going to paint it a different color, a
[1:04:09] lighter color so that it disappears into
the clouds there to the right above the
[1:04:12] tree.
>> You'll see the stair tower.
[1:04:16] » See it?
>> Okay. Well, there you go. Perfect.
[1:04:18] That's the idea. painted.
>> No.
[1:04:21] » Yeah. Well, we'll paint it a lighter
color. You know, a lot of I was
[1:04:24] discussing with Dwayne this morning. We
were discussing the aesthetics of the
[1:04:26] building. You can do things to change
the appearance. Like next door, they it
[1:04:30] appears to be five stories, but then
they made the other stories a different
[1:04:33] color to change the appearance to help
mitigate the height.
[1:04:39] » Very good. Okay.
Oh. Uh
[1:04:43] » just another view.
>> Another view. Okay. Again, we're going
[1:04:45] to be doing the shell of the building.
All right. Um Okay. Okay, next variance,
[1:04:49] street trees.
So, this is again to what we feel is
[1:04:55] helping the trail and also the public
and the corridor. Um, we hope everyone
[1:04:59] will eventually see it that way. Um, so
we uh we're looking for ways to first
[1:05:04] off calm the traffic. You know, you get
zooming down Bushkill, it's not
[1:05:07] considered really a residential street
right now and uh people get cooking and
[1:05:11] and you know, they go right by. So doing
on street parking
[1:05:17] is absolutely a traffic calming scenario
and so that's first why we came up with
[1:05:22] it. Then of course now with the trail
involved the trail would like parking
[1:05:27] for the amenity of the trail and you
know at the silt mill even though it's
[1:05:31] private parking and we've had to put up
signs and especially a few years ago
[1:05:33] when there was all that those problems
down at the at the soap mill with people
[1:05:37] coming from New York and parking it
became a problem. So, we would have to
[1:05:40] sign it, which would mean that
technically anyone who wants to use the
[1:05:44] trail would have to park on the street
and then walk AC walk down to the end of
[1:05:49] the property and into the new bridge
that's being erected in that location.
[1:05:53] Um, so the street parking is the best
parking for people to come and use the
[1:05:58] trail. Of course, people probably going
to park in the lot like they do at the
[1:06:01] silt mill, but we thought that the, you
know, the parking is important. The
[1:06:06] reason that's important to the street
trees is we were unable um between the
[1:06:11] fat parking the the on street parking
and also the fact if you'll look
[1:06:15] actually go back a slide if you could
two slides actually no that's good go
[1:06:19] one more notice that the super high
voltage power lines run above the uh
[1:06:27] next to the building up above the
building so they're actually taller than
[1:06:29] the building um so we've had to pick
trees that um you know will grow to a
[1:06:34] certain height or they're going to
topped as it is. And so we've just been
[1:06:38] sensitive to having too many trees are
going to get topped at some point. We
[1:06:42] also want to mention that besides, you
know, mitigating this with some bushes
[1:06:46] because they're not going to grow as
high or be difficult. We also have a
[1:06:50] great many trees being planted on this
site, especially on the south side,
[1:06:53] hundreds and hundreds of trees are being
planted in the buffer between the
[1:06:59] building and the stream as per our NPDS
permit. So we're looking at like two or
[1:07:04] 300 trees. So we are not having a lot of
street trees. Um and there are though
[1:07:09] just inside if you go back. Yep. See if
you'll notice only those three street
[1:07:13] trees are actual street trees under the
designation street trees. But we've
[1:07:17] highlighted the trees that we're
planting elsewhere that are directly
[1:07:22] within 10 ft of the street tree area
just on the other side of the sidewalk
[1:07:27] so that you guys can get a better idea
of the fact we are planting hundreds of
[1:07:30] trees on the site. Uh again, not even
really the zoning ordinance is per the
[1:07:35] NPDS permit.
Any questions on
[1:07:40] » any questions from the board?
>> That. Okay. So, that's our thoughts on
[1:07:44] street trees. Uh and then our last is
hopefully a simple one with this
[1:07:48] project.
So to have the proper two-way um street
[1:07:54] uh I should say parking uh you know
exits and ex emergency vehicles all the
[1:07:59] things that are important to get in and
out of a site of this size um on this
[1:08:03] side of the street and not on the other
side of the street different zoning
[1:08:05] corridor. Um we're not allowed to have
driveways that are more than 10 ft. Uh
[1:08:10] and in this case we're requesting 24 ft
which is a standard full size two-way
[1:08:14] driveway. uh especially important uh at
the west end of the site where we're
[1:08:19] actually going to create an intersection
where we're going to have uh crosswalks.
[1:08:23] Actually, the planning commission
requested us do a proper designated
[1:08:27] crosswalk, you know, a proper pend one
so that people can from both sides of
[1:08:31] the site can share, you know, and get
over to the trail and and so on and so
[1:08:35] forth. So, we're requesting two driveway
entrances that are 24 ft for emergency
[1:08:40] traffic and for pedestrian and our use
as well as probably public use whether
[1:08:45] we like it or not.
So,
[1:08:49] that's it. Just those three variances.
There was some discussion um which we
[1:08:53] got a little confused. There was plan
review had gotten a little messed up and
[1:08:57] so it came out that we had like 10
variances. These are really when we went
[1:09:01] back and got it organized. It's just
these three for anyone who's wondering.
[1:09:05] » Okay. Thank you. Any questions from the
board?
[1:09:09] All right. Then I'll take questions from
the audience that were sworn in and
[1:09:15] particularly that is for these uh for
the one special exception and for the
[1:09:21] three variances.
That's where your question should be or
[1:09:25] comment should be geared to.
[1:09:34] right now. Can't I mean it's only this.
[1:09:45] » If you give your name, address for the
record, please.
[1:09:47] » Hi, my name is Jennifer Talerico. T A L
A R I O. I'm at 406 West Burke, East End
[1:09:54] 18042.
Um, I just had a question uh based on
[1:09:59] the the drawings that have been
distributed about the previously
[1:10:02] distributed plan and the current plan.
I'm not actually technically sure if
[1:10:06] it's part of the existing variance
discussion about the parking lot
[1:10:10] underneath and and its relation to the
flood zone. So, I understand the uh it
[1:10:16] was simply the storm water adjustment
that was in the 100-year flood zone and
[1:10:20] that has already been adjusted. Is it
the case that the current plan being
[1:10:25] suggested is consistent with the prior
distributed plan um in terms of the
[1:10:30] impervious surface allocated to parking
on this side of the Bushko corridor?
[1:10:35] » We have a plan for you. One second.
>> No, Mark, I don't think that was her
[1:10:39] question. She's asking if this plan has
changed from the previous plan.
[1:10:43] » Correct. In terms of in terms of the
parking just that
[1:10:46] » it has not, but if you'd like to I mean
if we can share with you the
[1:10:50] » It has not. It is not. It has not
changed. Okay. So, and and we're fully
[1:10:53] in compliance. There was some confusion
and we're well under the impervious
[1:10:56] coverage compliance that's required.
>> Great. Thank you so much. And I just
[1:11:00] want to also go on record. My questions
or or concerns that you may hear later
[1:11:05] have nothing to do with the facade. So,
>> no problem. Thank you.
[1:11:08] » Thank you. Anyone else?
>> Oh,
[1:11:13] » hi. I'm Jim Toya. I'm the executive
director of the Carl Sterner Arch Trail.
[1:11:16] » I'm sorry. Sorry. Your name again?
>> Jim Toya. T O I A.
[1:11:21] » Thank you.
>> And your address, sir?
[1:11:24] » Uh 238 Beacon Hill Road in Califon, New
Jersey.
[1:11:30] » Thank you.
>> I teach at Lafayette College as well. So
[1:11:34] very often here in Easton and feel like
I live here more than I do in New
[1:11:38] Jersey. So, um, first of all, I just
want to say, um, we're very happy to
[1:11:43] have
VM development and Silk Mill as a
[1:11:48] stakeholder and and, uh, people who have
been working with the Arts Trail for
[1:11:52] the, uh, 15 16 years that we've actually
been in existence and they have
[1:11:59] [clears throat] done a lot of work with
us to help us install artwork. Um,
[1:12:04] they're great neighbors and we really
appreciate that. Um, and I'm very
[1:12:08] excited. We're very excited about having
the opportunity to be uh on the um not
[1:12:15] really a commercial building, but but
the pre the have presence uh on the
[1:12:20] south side of Bushkill Drive there at
the foundry. Very excited about that.
[1:12:26] So, thank you guys for what you've been
able to do so far and we look forward to
[1:12:29] that in the future. One, my one question
is about the trees.
[1:12:34] » So, I'm all for trees. We're an arts
trail that's surrounded by art uh and
[1:12:39] nature and we we uh rely on the natural
side of that. I just want to make sure
[1:12:43] there's going to be enough room for the
artwork with the trees. That's a lot of
[1:12:48] trees.
>> I agree. Um so that's something when we
[1:12:50] get into actually the trail design with
the city. We're going to need to that's
[1:12:54] in after this phase, but we are going to
need to figure there's a lot of trees
[1:12:58] required by NTP and we've actually went
for a waiver, right, Brandon? We've they
[1:13:03] wanted like 700 trees and we were like
that's they there would be nothing so
[1:13:08] other than trees every like two feet. So
they've agreed that that's kind of
[1:13:12] crazy. So we are I mean that's something
you should definitely soon we need to
[1:13:16] get to. Yeah. You probably heard that
tonight and welcome back. But just
[1:13:19] saying yeah we're going to need to sort
that out so that the trail can
[1:13:21] interweave. You know we've talked about
this for years. Yeah absolutely. We'll
[1:13:24] figure it out. Don't worry.
>> I know. I just wanted to
[1:13:27] fair enough. Okay.
>> Thank you very much.
[1:13:29] » Thank you.
>> Anyone else?
[1:13:32] » [snorts]
[1:13:43] » My name is Bruce McCutchen.
Live at 619 West Lafayette Street. I'm
[1:13:50] also president of the Forceville Chapter
Trait.
[1:13:53] Am I
[1:13:57] I understand that the storm water piece
in the the flood zone is going to be
[1:14:04] moved.
>> That's correct.
[1:14:08] » Is there is there public record of your
application and and
[1:14:15] for storm water management?
>> Absolutely. Right.
[1:14:20] » Yeah. Absolutely.
>> So um one, it's going through the MPDS
[1:14:25] process. So that it's an actually an
individual permit that is going through
[1:14:29] the county conservation district. And
just to give you an idea, we're right
[1:14:34] now in technical review comments. So um
>> so that permit has not been issued yet.
[1:14:39] » It's it is we are addressing a few minor
comments that have come out. Um nothing
[1:14:45] really to the to the degree on storm
water. was more um some minor items of
[1:14:51] like addressing sizing of mulch sock and
and rip wrap sizing that kind of
[1:14:56] » Okay. But question remains observed
>> there is an over that
[1:15:00] » um it is submitted into um planning as
well. Um a copy of it submitted in
[1:15:08] through the planning department. Um but
yeah, the permit for it would come
[1:15:12] through the conservation district.
>> Okay. The um certainly
[1:15:18] As far as the Bushkill stream is
concerned,
[1:15:21] not having a scrap metal plant there
anymore is a good thing.
[1:15:26] » Um, but we're very concerned about what
comes down. We want to see improvement,
[1:15:31] » correct,
>> for our beautiful stream, not
[1:15:34] » a detriment to it.
>> Yeah. And and
[1:15:38] that would be nice to see what's
actually going to happen.
[1:15:41] » Yeah. And that's that's that was the
approach whenever going through the
[1:15:45] design. Um, Of course, with the state
regulations, no matter what is a uh
[1:15:50] meeting or reducing um discharge volume
and and peak flows and and we make sure
[1:15:56] to do that.
>> Are there retaining
[1:16:00] pools associated with this complex?
>> Um no, there isn't. Um basically, and
[1:16:07] this maybe is getting outside of the
purview of the the zoning.
[1:16:10] » Yeah, this is really a planning.
>> All that runoff is just headed right to
[1:16:13] the street.
>> Uh it's
[1:16:16] No, it's actually being while it's being
collected in the storm system that
[1:16:20] that's there and uh
I'm not exactly sure if this is this is
[1:16:26] a again if that's a planning question or
a zoning question
[1:16:31] but yeah I mean we we're so we're um
going to be discussing this in front of
[1:16:36] plan again probably October 7th is what
we're guessing and that's when although
[1:16:40] between now and then you're more than
you should go to you know and get a copy
[1:16:43] of the what we've submitted I mean, but
everything meets the requirement from
[1:16:49] not just the local county conservation
district, but also this had to be
[1:16:53] reviewed by, you know, by pad. So, we're
we're meeting all the requirements. So,
[1:16:59] again, planting all the trees, which of
course now Jim is concerned about, etc.
[1:17:03] But yes, we're trying. Yeah.
>> Okay. Thank you very much.
[1:17:06] » Thank you.
>> Anyone else?
[1:17:22] That's awesome.
[1:18:00] Attorney Harding, are you do you have a
thumb drive to give to the secretary
[1:18:05] what you're going to be using.
>> Um,
[1:18:08] I don't, but I can provide it.
These are not I'm not submitting these
[1:18:13] as exhibits or record. They're just
for reference.
[1:18:20] » Okay.
>> If there's an objection or anything.
[1:18:23] » Yeah. No, if you're not submitting them,
>> I actually was gonna let Kurt speak
[1:18:26] first because I think it's important why
we're here.
[1:18:33] So, uh, Kurt Elely, 305 West Monroe
Street in Easton,
[1:18:40] concerned resident. I'm going to ask
permission to distribute a a copy of the
[1:18:46] East City Code sections on zoning
variances
[1:18:51] and special exception review. Um,
>> you're welcome to, but the board is
[1:18:56] intimately familiar with
>> Oh, I know you are.
[1:19:00] 40 C and 40D
>> but I'll be sharing to all of you.
[1:19:27] » Yeah. Yeah, we
the whole book. Yeah.
[1:19:32] » So,
>> right, for the for for for the record,
[1:19:36] what has been handed to us by Mr. Eli is
ostensively a reproduction of uh because
[1:19:44] it doesn't look like a photo copy. So, a
reproduction of uh section 595-40D
[1:19:52] of the Eastn Zoning Ordinance, chapter
298, Floodplane Management, section
[1:19:59] 298-18G,
[1:20:02] and section 595-40,
although it's not marked as such, it is
[1:20:07] section 40, subsection C relative to
special exceptions, which I will mark as
[1:20:13] exhibit 01.
[1:20:19] Thank you. Thank you very much. Um,
[1:20:25] I'd really love to read it, but I'm not
going to do that. I'm going to assume
[1:20:28] that you are reading it and well aware
of what it says. But the bottom line is
[1:20:36] a variance requires that there be
specific issues about the property. got
[1:20:43] nothing to do whatsoever with whatever
the applicant wants to do with the
[1:20:49] property. It's not about a hardship to
the applicant. Uh we want our plan to
[1:20:55] have an extra five feet for this purpose
or six feet for that. It's got to do
[1:21:01] with whether or not that property can be
developed within the code or not. And
[1:21:08] this ha this property has a huge number
of uses
[1:21:15] and certainly plenty of opportunity
to be developed in the way that they
[1:21:21] would like without seeking a variance.
And I'm I'm very concerned about that
[1:21:29] process that allows for variances to
occur or variances being granted when
[1:21:36] really they're the hardship of the
applicant and absolutely not any
[1:21:42] hardship or problem with the site or
property itself. This isn't just the law
[1:21:48] as it appears in our code, but it is
virtually a quote of his of what appears
[1:21:54] in the municipalities planning code for
the state of Pennsylvania. It's
[1:21:59] directed. It is the law. And my I'm here
just to ask if we could please follow
[1:22:07] the law and not grant these variances
for whatever the reason. They're in
[1:22:14] there. They're meant to be in this
particular zone
[1:22:20] and we ask that you you uh allow for
them to actually be the law of the zone.
[1:22:27] Please don't allow those variances.
Thank you.
[1:22:35] Go ahead.
[1:22:40] » Um, I would just simply say that since
we've been doing this for 15 years and
[1:22:43] we've come before your board for many
variances,
[1:22:47] um, that the Silk Mill, if not granted
special exceptions or variances, would
[1:22:53] never have been redeveloped.
Simple.
[1:22:58] » Thank you.
>> It's It's great. We're not here to talk
[1:23:00] about the silk mill. This is We're here
to talk about a very different which has
[1:23:04] plenty of potential. Thank you, Kurt.
Um, so my name is Cody Harding. Many of
[1:23:09] you know me. Uh, I live at 410 North
10th Street. Uh, I measured it today.
[1:23:13] It's approximately 1,800 feet from this
site. Um, I think we should revisit
[1:23:20] Bruce's question about flood. Uh, sorry,
I think it was Solicitor Nichki's
[1:23:26] initial question about whether or not
this parcel is in the flood zone. And I
[1:23:31] know there's a
Mark, Mr. Mulligan has told us not to
[1:23:37] worry about it. We're moving the
drainage facilities from the flood zone,
[1:23:40] but I think it is very important to note
that the parcel is in the FEMA
[1:23:45] designated flood zone. The parcel line
extends into the Bushkill Creek and
[1:23:51] clearly is in the blue zone AE, which is
the this is FEMA's flood hazard map.
[1:23:59] And so the question was not is your
construction in the flood zone, is your
[1:24:04] building in the flood zone, is your
project zone that you've designated on
[1:24:08] your plans in the flood zone. The
question is, is the parcel and
[1:24:12] consequently the storm water runoff in
the flood zone? And it is undeniable
[1:24:16] that this parcel on the south side of
Bushkill Drive is in the flood zone. And
[1:24:22] consequently, it is our position that
because the flood provisions and also
[1:24:28] storm water provisions of the city code
have not been considered, this
[1:24:32] application is not ripe for presentation
to the zoning board. There's a litany of
[1:24:38] requirements that we all spent last year
reviewing that need to be met before it
[1:24:44] can be presented for zoning, including I
know D was involved in the remediation
[1:24:48] of the site and reviewing it. I'm not
sure that they've completed 102 and 105
[1:24:53] permits. I could be mistaken. But
we also were told that uh Mr. McCutchen
[1:25:01] from the uh Trout Unlimited asked about
what was happening with the storm water
[1:25:06] and we saw the applicant sort of stumble
through their answer. We all know if you
[1:25:11] look at their plans, the storm water is
going to be channeled
[1:25:15] from the north side of the property
across Bushkill Drive into one facility
[1:25:20] which will run all the way down into the
Bushkill.
[1:25:26] They also would need a permit for the
crossing of that storm water across the
[1:25:31] state road. Bushkill Drive is state road
2019.
[1:25:35] I have seen no evidence that that's been
accomplished and numerous other
[1:25:41] requirements for this to be presented
because it's in the flood zone. And so
[1:25:46] it's my position I certainly isn't the
only problem I have with this project,
[1:25:50] but it's the primary one is that because
the flood zone has been sort of talked
[1:25:54] around and ignored. We can even look at
here's the close. Now, we're being told
[1:25:59] that this moved. This is being moved.
But the flood zone is this squiggly
[1:26:04] little line there. You can see it at the
bottom. It says FEMA flood zone. This is
[1:26:09] from the developer's own plan. Project
boundary is an irrelevant sort of uh you
[1:26:16] know to marker that they created.
[1:26:27] So I we can talk about some other
things, but I think the zoning hearing
[1:26:31] board needs to be considering this as
the primary concern and that this
[1:26:35] application should be deferred until
they resolve all the
[1:26:38] » that's not our that's not what we're we
we are here to see to to hear what's in
[1:26:44] front of us right now. That's beyond our
scope.
[1:26:48] Your scope is to enforce the zoning
provisions of the code.
[1:26:52] » Correct. What's in front of us right
now? What's in front of us right now is
[1:26:57] not what you're talking about.
>> It is incomplete.
[1:26:59] » That's your opinion.
>> It is not my opinion that it's in the
[1:27:03] flood zone. It is in the flood zone.
>> Okay.
[1:27:09] » [clears throat]
[1:27:16] » I mean,
[1:27:20] I don't want to I clearly we
respectfully disagree, but I do think
[1:27:24] that the flood provisions need to be
discussed
[1:27:28] and if it's the
it is up to the zoning board to
[1:27:33] scrutinize those provisions and
>> Mr. Niski, is it up to us to do that?
[1:27:37] » Well, let me let me [clears throat]
Let me ask you this, Attorney Harding.
[1:27:42] Referring to what you have on the screen
right now, 29818A, no varian shall be
[1:27:47] granted for any construction development
use activity within the floodway area
[1:27:51] district that would cause any increase
in the BFE, which of course is the base
[1:27:55] flood elevation.
Um, do you have any belief that what is
[1:28:01] being proposed will cause any increase?
Uh and then ultimately I would ask the
[1:28:08] three individuals sitting at the
appellence table uh if that has been
[1:28:13] addressed and discussed with planning
and durate when with the city during the
[1:28:18] planning of this project.
I I I think that that's a great question
[1:28:23] and I think that's a question that I was
interested in asking and so you're
[1:28:26] asking that for me and I'm happy to move
on and leave that question on the table
[1:28:30] to be answered later. I think for the
sake of everyone's time, I'd like to
[1:28:34] just move on to one other point.
>> Okay. So, so my question to you would be
[1:28:38] a no. You don't have any belief or any
reason to believe that there would be
[1:28:44] any increase in the base flood
elevation?
[1:28:46] » I I would
I I don't have any scientific evidence
[1:28:52] of that. Yeah.
>> And it's only
[1:28:53] » I didn't know I that's why I was asking.
I didn't know if you did or not. All I'm
[1:28:57] presenting is that
regardless of the representations of the
[1:29:01] applicant, the flood provisions are
invoked because this parcel is in the
[1:29:07] FEMA designated flood zone and therefore
provisions such as 298-18
[1:29:13] should be considered. I am not an expert
who should be making the sort of
[1:29:17] assessment, but it's my
analysis that this has all been ignored.
[1:29:22] Might I suggest that we have these three
individuals address this now while
[1:29:29] you're at the podium so that you don't
have to come back up when they do
[1:29:33] address it in case you want to ask
questions of them.
[1:29:39] I I assume they're going to tell me not
to worry about it, but I don't see any
[1:29:43] reports available. Um
>> well, let's not assume. Let's hear from
[1:29:47] them.
>> So, yeah. Um again to cover what was
[1:29:53] previously stated um we did look at
actually pulling the outlet for the
[1:29:58] storm water. Um there's actually a
hydrodnamic separator inlet what
[1:30:03] actually improves water quality for
Bushkill Creek from any of the collected
[1:30:07] runoff that is going to the storm
system. Um, but we've we've uh looked at
[1:30:13] that from a previous comment that was
received through uh planning and we're
[1:30:18] going to be able to adjust that back. So
that is on the record here that we'll be
[1:30:23] able to um eliminate that disturbance
within the 100red-year flood plan um I'm
[1:30:29] sorry the 100red-year flood zone AE as
depicted on the drawing that is from the
[1:30:35] FEMA map that is imported in through uh
you know FEMA's [snorts] uh online web
[1:30:41] service that you know you get that shape
file from them. So that's actually where
[1:30:46] it's supposed to be. Um, as far as storm
water um, reduction quality, all those
[1:30:52] items, those are being addressed again
through the 102 process that is
[1:30:57] submitted through the county
conservation district. Um, for us to get
[1:31:02] approval is a reduction in um, peak
discharge, reduction of volume and
[1:31:10] through increase of water quality. And
because it is an individual permit, we
[1:31:14] have to meet all three of those. and we
have shown to the conservation district
[1:31:21] that we do meet that criteria um through
this pro for this project. Um and so uh
[1:31:28] so a uh effect would be a reduction in
the discharge amount to Bushkill Creek
[1:31:37] during the peak design storms. not to
get too technical in it, but you analyze
[1:31:41] certain key design storms and look for a
a reduction in volume and in uh peak
[1:31:48] flow.
>> So, and I don't want to put words in
[1:31:51] your mouth, but just trying to interpret
what you just said. Um, is it my
[1:31:55] understanding that you're saying that
um, this development as it's being
[1:32:01] proposed with the system you're talking
about installing will actually decrease
[1:32:06] the base flood elevation instead of
increasing it? Correct.
[1:32:10] And is there to answer uh attorney
Harding's question, is there um a a
[1:32:18] report or or a study or something of
record that establishes that with and
[1:32:24] and if so with whom?
>> Yes. Uh there is a post construction
[1:32:28] storm water management plan and
calculations that uh were filed with the
[1:32:33] county conservation district. Um and
it's also available to available and
[1:32:38] it's also available um has been loaded
to the planning website. So, I'm I'm
[1:32:42] assuming it's available.
>> Can I can I ask some clarifying
[1:32:46] questions? And I I was doing a lot of
talking and I should have asked more
[1:32:48] questions initially. Is there any
permeable pavement in this design?
[1:32:54] » No. Um
>> are there That's fine. Are there any uh
[1:32:59] rainwater
uh what they call like like rainwater
[1:33:03] retention uh rain rain gardens
>> uh there so the and this is getting
[1:33:08] along into um the fact that it was it's
an act two site and the fact that it's
[1:33:13] going through remediation process
because a site and those areas that have
[1:33:18] to
>> you you can't infiltrate in areas where
[1:33:23] where you actually have an act two site.
So, um there's other measures through
[1:33:26] planting and soil um amendments that
we've reduced the
[1:33:31] » Was there any consultation with PennDOT
for permitting running a storm water
[1:33:35] across the state highway?
>> We're going through the process of
[1:33:38] actually getting a storm water easement
across Bushkill Drive. Okay. With
[1:33:43] Pendot,
>> um we have to do a separate one with
[1:33:46] PENDOT for actually the lighting system
and we're going through that process
[1:33:50] currently.
So, if I'm understanding correctly, all
[1:33:55] of the storm water that's being
channeled into the rainwater system
[1:34:01] will go into the bushkill and somehow
it's going to lower the base flood
[1:34:06] elevation.
>> Yes. And it's
[1:34:09] » that seems to defy physics.
>> Well, it's no water goes downhill. So,
[1:34:14] » you're adding water to the bushill and
it's going to be less likely to
[1:34:17] » less currently than less than today.
Yes. But there are no retention ponds on
[1:34:22] site. Correct.
[1:34:26] » That's sounds like magic. Um
>> I would say off the flooding that's I
[1:34:32] will move on off the flooding. I still
argue that this is not right for because
[1:34:36] of the parcel being in the flood zone.
I'd like to talk about the impervious
[1:34:41] surface which is another one of the
zoning variances that I believe should
[1:34:46] be on their application that is not
included. We've been told
[1:34:50] It's in the river corridor. This is the
provision of the river corridor. Max
[1:34:54] pvious coverage 30%. There are some
exceptions, but I think it's important
[1:34:59] that we look at what that site looks
like. Now, this is a Google satellite.
[1:35:02] » Let me interrupt you before you go any
further. Mr. Tilman, has a determination
[1:35:07] been made that an impervious surface
variance is necessary for this project?
[1:35:13] » Yes, it was determined that it's not
needed.
[1:35:19] Do you want a question, Mr. Telman? I
>> I'm I'm just curious how that's possible
[1:35:22] when we're looking at a site that is
significantly overgrown, full of crushed
[1:35:27] pavement, gravel, dirt, and that will be
converted into predominantly a parking
[1:35:33] lot. I I just don't understand how this
isn't more than 30. I I've had an
[1:35:38] architect look at this and tell me that
it from their assessment, it's about 38%
[1:35:42] impervious pavement on this parcel.
the the the the statement that I heard
[1:35:49] at the planning commission presentation
was, well, it's less than is there now,
[1:35:55] so we don't have to worry about it. And
when I look at what's theirs now, it
[1:35:58] certainly doesn't seem less than a
parking lot in a four-story building.
[1:36:07] Um, the one thing I'd just like to point
out is, um, that growth [snorts] is
[1:36:12] probably only about an inch deep. Um, is
underneath is the remnants of again the
[1:36:19] scrap metal yard, the mining that was
there before that that is rock
[1:36:24] underneath there. Um for all intents and
purposes, it is very solid uh I believe
[1:36:30] silt stone. Um so where how the site is
being developed is actually to um we're
[1:36:38] going to bring in a lot of fill but
it'll be more of a if you want to go on
[1:36:42] the the uh USGS classification an AV
type of soil and that's actually being
[1:36:49] specified for the fill on the site which
should actually grab some absorption
[1:36:54] volume for those uh initial runoffs.
Um, and then actually with the what you
[1:37:00] don't see there, um, you know, what's
what might be green there is weeds. Um,
[1:37:06] if you would take note to the planting
plan and the amount of actual, uh, trees
[1:37:11] that we're trying to add to the site u
to actually increase the coverage
[1:37:16] values.
[1:37:20] Okay. So, if I understand correctly,
because there's stone under the dirt,
[1:37:25] the impervious This isn't going to be a
problem.
[1:37:28] » Other other than the piles of asphalt
and then whatever bricks and other stuff
[1:37:33] that are there. I mean, we can all talk.
[1:37:38] » I have two more questions and then can
talk about the other building, I guess.
[1:37:42] Um, in your renderings, you showed
sidewalks that seem to extend all the
[1:37:46] way down Bushkill Drive. Do you plan to
construct those sidewalks? It's my
[1:37:50] understanding there's no sidewalks in
that area at all right now in the
[1:37:54] renderings that were presented.
>> Go ahead.
[1:37:58] » So, in conjunction with the city of
Easton who has a a corridor grant,
[1:38:03] there's a
there's a they've received a grant for
[1:38:07] mobility and in conjunction with them,
we are building a certain amount of
[1:38:10] sidewalk for them and then where they're
building, you know, we don't know
[1:38:13] exactly, but there will be sidewalk. The
goal is to
[1:38:16] » down to the mall.
>> Yeah, the the goal was to extend
[1:38:20] up to
>> because we don't control.
[1:38:22] » Yeah. So, we can't we can't quite get
there, but we're planning on doing as
[1:38:25] much sidewalk and you know and mobility
as possible in the corridor. Yes.
[1:38:30] » And then I I I think my last question is
just um
[1:38:38] a series of questions. Um how many
square feet of developable space is
[1:38:43] being built on this southside property
approximately?
[1:38:50] cubic feet. Square feet. I don't
understand.
[1:38:52] » Square feet. Square feet of rental
space. Do you can you guess or not
[1:38:57] guess? Can you approximate
>> it? It's not I don't understand because
[1:39:00] I don't understand the relevance. I
>> I think from my reading of the plans,
[1:39:03] it's about 90,000 square feet of
rentable uh square footage.
[1:39:10] » Okay.
>> Right. I mean, does that sound about
[1:39:12] right? 90.
>> No idea, but keep going. Well, do do you
[1:39:15] know how much of it is uh
retail or commercial space?
[1:39:22] » Well, I mean, so our plans have changed
a little bit over the years because we
[1:39:26] um you know, I'll go even though that's
not part of this discussion. It's for
[1:39:29] the planning commission.
>> Yeah, we we are getting
[1:39:32] » we're getting off the thing. But I'm I'm
just I'll give you a quick what we
[1:39:35] already discussed today earlier is you
know we originally had planned the the
[1:39:39] trail was here saying they wanted 6,000
ft of commercial space and then they've
[1:39:43] reduced it to 1500 to 2,000 ft. still
slightly not sure yet on the south side.
[1:39:49] But then on the north side, for
instance, there was a discussion of um
[1:39:53] the uh the um
sorry, Nurture Nature had originally
[1:39:59] started off with us a couple years ago
and we did this whole design process
[1:40:02] with them where they were going to take
20 or 30,000 feet. Long story short,
[1:40:06] they ended up not being able to get
their grant at the right time to do what
[1:40:09] they wanted to do. So that whole thing
changed. So, but we were happy to
[1:40:12] discuss this in front of planning
commission. I'm sure that it's another
[1:40:15] discussion. Um,
[1:40:19] » yeah, I think interpretation. No, no
further.
[1:40:22] » Harding, could you leave that up for one
second?
[1:40:24] » What's that?
>> Could you leave that picture up for one
[1:40:26] second?
>> Oh, sure. You want to leave this picture
[1:40:28] up?
>> Just for one second. I just because I
[1:40:30] don't know if I had I don't know if I
got clarification on the imperous
[1:40:34] surface ratio and why that picture there
is less than what I'm seeing on the
[1:40:42] plans.
[1:40:50] So the soil composition underneath what
you see there is actually much more
[1:40:55] impervious because or sorry it's much
more impervious. Right? You got me
[1:41:00] thinking wrong. Um because it's really a
compacted very dense rock
[1:41:06] bed that's on top of that scrapyard that
everything was sat on for million many
[1:41:11] many years. And so when you actually do
the soil sampling it's considered
[1:41:16] impervious coverage.
And so what you have what you're seeing
[1:41:20] in the way of greenery is weeds growing
up like they grow through concrete
[1:41:24] basically
>> or grow on concrete. That is what it's
[1:41:27] been explained to us.
>> Okay.
[1:41:32] » My understanding would be that if weeds
can grow through it, it's not impervious
[1:41:35] surface.
>> Um but um you know I I'll conclude my
[1:41:41] remarks with just saying that these are
not necessary variances. These are
[1:41:44] variances that they would like because
it will maximize the profitability and
[1:41:49] the density of this site and that also
the flood zone provisions of our own
[1:41:53] code have not been enforced. Thank you
for your time.
[1:41:56] » Thank you.
[1:42:05] » Were you sworn in?
[1:42:11] Hi, my name is Richard Sparat. I live at
917 Hillside Avenue.
[1:42:16] » I'm sorry.
>> S P A R S H A T.
[1:42:21] » And your address again, sir?
>> 917 Hillside Avenue in East
[1:42:26] » 917 Hillside.
>> Yes.
[1:42:28] » Thank you, sir.
Um so my question was really about the
[1:42:32] variance for um 10 feet for apartments
and I think that is nice.
[1:42:37] » Sorry the variance for what?
>> 10 foot for apartment ceilings.
[1:42:40] » Okay.
>> And I agree. I think it is nice to have
[1:42:42] apartments with 10 foot ceilings. But I
would question why that wasn't thought
[1:42:46] about at the beginning. And if they want
apartments with 10 foot ceilings then it
[1:42:50] should be a three-story building not a
fourstory building.
[1:42:53] Um my second question really um just to
help educate me is the um the nature of
[1:43:00] mixed use. Um I presume there's a
purpose for mixed use or I guess this is
[1:43:06] my question. Is there a purpose for
mixed use? As in is it really there to
[1:43:12] support the needs of the people in the
building or is there some other reason
[1:43:15] that the building should be mixed use?
That was just to educate me.
[1:43:22] We're not here for use variants.
>> Fine. Okay. Um so then my first question
[1:43:27] really is um why the variant should
stand have apartments with 10ft
[1:43:31] ceilings. If they want apartments with
10ft ceilings then they should have
[1:43:34] three stories of apartments not four.
[1:43:39] » Thank you.
>> Thank
[1:43:44] good question.
So, our goal was to keep the mass of the
[1:43:49] building in keeping with the other
masses of the buildings and the rest of
[1:43:52] the corridor. And so, we're we're
thinking that that seems to be in line
[1:43:58] with everything else.
>> But if you wanted to mitigate this
[1:44:01] project to better conform with our
zoning ordinance, could you do three
[1:44:06] stories?
>> Yes and no. So, the the the idea is is
[1:44:10] that do you want I guess the the idea is
um well, of course you can build
[1:44:15] anything. It's a new building. So the
answer is yes, I guess in the short term
[1:44:18] of it. But the long of it is if you want
a um if you want a a a project in
[1:44:23] keeping with the corridor and so that is
what we were going for was in keeping
[1:44:27] with the corridor
>> like to have a project that's more in
[1:44:31] line with the zoning code than the
corridor. So it's just
[1:44:35] » sorry we could in theory do a four-story
building with eight eight foot ceilings.
[1:44:41] We'd still, it's not a density issue
necessarily because that's what we would
[1:44:45] likely end up with. We're just trying to
prod produce a better product.
[1:44:49] Understood. The other option would be
where we don't have a height restriction
[1:44:52] on the opposite side of the building,
opposite side of the street is to
[1:44:55] potentially go even higher. Um, so we
were trying to make them more balanced
[1:45:02] on either side of the
>> I'm just trying to get to Mr.
[1:45:06] Attorney Hardy had mentioned about the
profitability of this project and that's
[1:45:10] kind of what I'm getting at. That's, you
know, is this why we have to go four
[1:45:14] stories instead of three?
Would it be not profitable to do do
[1:45:20] three stories?
>> Did Did I just understand you to say
[1:45:23] that
across the street you could go higher
[1:45:27] under the ordinance?
>> Correct.
[1:45:29] » And and you're trying to keep the
buildings consistent from one side of
[1:45:34] the street to the other. It's still
higher on the north parcel as you'll see
[1:45:37] when we get to the next hearing, but
could be
[1:45:40] potentially even higher, I think. So,
uh,
[1:45:46] sorry. Um, to speak to the profitability
when we responded to the city's RFP,
[1:45:52] multif family or mixed use rather was
requested in that RFP from the city as
[1:45:57] was an extremely dense site. That was
specifically the request. And so we're
[1:46:03] attempting to meet that density
requirement and spread it out over both
[1:46:08] parcels as best as we could.
>> Thank you.
[1:46:30] » Yeah. So the ANR is 90 ft.
Say that again.
[1:46:35] » For the record, we could build the
building across the street to 90 ft and
[1:46:38] we tried to mitigate building that to 90
ft because we think that is a little too
[1:46:42] tall.
>> So between the two buildings together,
[1:46:45] if it was a matter of profitability, you
could increase the height of the other
[1:46:49] one to maximize.
>> We could, we just don't think it'd be
[1:46:51] good as a product. Correct. And it would
really screw up the massing of the
[1:46:55] corridor.
>> Thank you.
[1:46:58] » Any other questions from the board?
[1:47:03] No further questions. I don't know if
you have anything. Oh, wait. I'm sorry.
[1:47:05] There's more people. My my my fault.
Please.
[1:47:11] » Hi, my name is Tony Mittman, 36 North
Thirdrd Street, Houston, Pennsylvania.
[1:47:17] Um, my concern about this whole thing is
zoning is supposed to re uh protect the
[1:47:23] character of our neighborhood and the
character of our city. And Eastston is
[1:47:28] very historic. College Hill and downtown
and the whole thing and Bushkill Drive
[1:47:32] is a very passive quiet connector
between College Hill downtown and into
[1:47:36] Forks Township and it hasn't changed
ever and at great city expense the city
[1:47:42] of Eastston was able to purchase Eastern
Iron and Metal and is in process of
[1:47:46] doing remediation of the Brownfield
site. So
[1:47:51] this is not about the developer and the
whole project. It's about an opportunity
[1:47:55] for the city of Eastston, which right
now currently retains ownership of that
[1:48:00] tract of land. How many acres is it?
Acres
[1:48:06] » about
>> developable? I think five.
[1:48:10] » But I've always loved that piece of land
because on the north side there's an
[1:48:14] escarment along the back of the the lot.
And so having raised four children on
[1:48:21] College Hill for 35 years, um I'm very
aware of the lack of open space, not
[1:48:26] only on College Hill, but in all
Eastern's neighborhoods. So if it were
[1:48:30] up to me, I'd put nothing there except a
wonderful park with escarment and
[1:48:33] climbing and all of that. And so if that
opportunity were to be available, I
[1:48:38] think that'd be wonderful. That would be
my vote. But it's not, you know, not one
[1:48:42] person's decision. But if it's
developed, there are ways to do it with
[1:48:47] the developer. And I there's no one that
loves a silk project more than I do
[1:48:50] because I worried about it 58 years ago
and had it in my initial slideshow 58
[1:48:56] years ago and then Phil and and the
governor Randelle and everything got it
[1:49:00] done with Mark. I we've never met but I
know it was nice to meet you. [laughter]
[1:49:05] So anyway, it's an opportunity because
over the years I've met very many
[1:49:11] wonderful consultants and there's one in
particular that could really resolve and
[1:49:16] bring a wonderful project to that land
with the developer and the city of
[1:49:20] Eastston and that is uh Phil Mrick in
New York. Uh, one time I invented I
[1:49:27] invited Fred Kent to come to Eastston to
speak from project for public spaces in
[1:49:31] New York and he came to Easton and
addressed 200 people at the Hotel East
[1:49:35] and so Fred Mrick was with Fred Kenton
project for public spaces in New York
[1:49:40] for many years and now he's has his own
consulting firm and the website is
[1:49:43] philmyrich.com
philyrk.com
[1:49:49] and I think if you look at that it's the
process that he does of it's almost like
[1:49:53] a cheret you like a design cheret with
all the stakeholders and all the parties
[1:49:58] involved really looking at the land and
the context with College Hill and
[1:50:01] Eastston and um [clears throat] open
space need for uh whatever you know
[1:50:08] that's it's it's a process that I feel
is always missing not only with this
[1:50:12] project but with everything when I look
out the window that's too much it's just
[1:50:17] too much and more is being built right
next door so when the next building you
[1:50:21] won't even see that building because the
one that's right here So, um, new
[1:50:26] construction
is a whole different thing than historic
[1:50:29] preservation. And so, new construction
on cleared land, of which we have very,
[1:50:34] very little in Easton. This particular
lot, because of the Carl Sterner uh,
[1:50:40] Arts Trail and the Bushkill Creek and
um, the whole thing about quality of
[1:50:45] life and livability, this is an
opportunity to do the right thing. And
[1:50:49] when I see these renderings of these
kinds of apartment complexes,
[1:50:54] I don't I'd hate to see I think we'd all
hate to see another error on on that
[1:50:59] beautiful passive uh Bushkill Drive. And
it's a chance that I think if you bring
[1:51:04] out an outside professional to really uh
sit down with everyone and say, "Okay,
[1:51:10] what is this land? How does it fit in?
You know, Lafayette College could have
[1:51:13] bought it. It would be wonderful. All
sorts of different things." But what I I
[1:51:19] don't want to be rude.
>> Oh, go ahead.
[1:51:21] » But what what you're talking about is
other possibilities that to this point
[1:51:26] have not come to fruition. No one else
has stepped up.
[1:51:30] » All of these individuals, you know,
Lafayette hasn't expressed interest.
[1:51:34] Yeah.
>> The gentleman from New York hasn't
[1:51:36] stepped up. It's been
>> Yeah.
[1:51:38] » You know, in its existing condition for
how long?
[1:51:41] » Yeah. Well, it's it's you're right. I
>> think what you're addressing does not
[1:51:45] really uh
>> well, it's a zoning question because
[1:51:48] variances I I would I would suggest and
and encourage you to table this so that
[1:51:55] so that it buys time to really sit down
and say, you know, look look um because
[1:52:00] zoning is very important and your vote
is very important and there's develop
[1:52:04] developer here has done a beautiful job
on silk. There's no question about it.
[1:52:07] It's magnificent
uh of national and global importance.
[1:52:11] very rare that a project like that would
ever happen anywhere. So, it's
[1:52:16] wonderful. And so, I think something
like this just it's it's very jarring.
[1:52:22] And so, since it is a zoning question, I
would just urge you to table it tonight
[1:52:26] and just if anyone's interested in
contacting Phil my work and just talking
[1:52:30] with him and, you know, bringing in
someone like that who's who's so
[1:52:35] wellversed on bringing parties together
on zoning issues and quality of life and
[1:52:39] development. So that's my comment. Thank
you.
[1:52:42] » Thank you.
>> Any questions?
[1:52:44] » Anyone else?
[1:52:49] » Okay.
[1:52:56] » Hello everybody. Uh Coron Anderson.
That's C A R O N. And Anderson S O N 630
[1:53:03] West Burke Street. I've been an Eastn
resident since about 1986 and up on
[1:53:08] College Hill since about 1989. And I
guess I have a a question first. Um, at
[1:53:14] the Silk Mill, the apartments there, how
high are the ceilings?
[1:53:18] » Ma'am, that has nothing to do with why
we're here.
[1:53:20] » Well, we're making a lot of comparison
to the other buildings in the corridor.
[1:53:27] » 12 feet.
>> 12T. And um I guess my concern is like
[1:53:32] with all the um electrical, heating, all
that kind of stuff. If I was looking at
[1:53:37] an apartment, just me personally, I
would want an eight foot ceiling and not
[1:53:40] a 10 foot ceiling. And I regret having a
house with a 10-ft ceiling because the
[1:53:44] um economy is killing us. Anyway, couple
other I just wanted to say one thing
[1:53:49] that um I get confused between the left
and the right hand side and I guess
[1:53:53] we're talking about the lefthand side of
Bushkill versus the right hand side
[1:53:57] which butts up against I think it's
actually College Hill and I'm not going
[1:54:01] to stay for that discussion. I have a
ride home. But, um,
[1:54:07] College Hill has always been a
community, a neighborhood association.
[1:54:11] And I did a little bit of Googling and I
guess you can find answers to almost
[1:54:14] anything whether you believe them or not
on Google, but it says on average that
[1:54:18] if you're an apartment dweller, you move
every two to two and a half years. If
[1:54:23] you own your property, you're likely to
stay for 12 and a half or more years,
[1:54:28] depending on your age. And I'm really
sad to see apartments going in butdding
[1:54:34] up against a neighborhood with all that
historical significance with long-term
[1:54:38] residents. And it bothers me a lot. And
it probably isn't a variance issue. It's
[1:54:43] just a personal site. The other thing is
um traffic. I've heard everything from
[1:54:49] 40 to 50% increase on Bushkill, which
isn't very well used right now. But if
[1:54:55] you go down West Lafayette Street at
8:00 in the morning, the cars are
[1:54:59] already getting to 13th Street, the cars
are already backed up beyond the YMCA.
[1:55:05] And if you come off 22 on the highway to
13th Street at rush hour, the cars are
[1:55:11] already backed up onto Route 22. And I'm
very concerned about the traffic, you
[1:55:16] know, that's increased traffic that's
going to be it's got to go somewhere.
[1:55:20] It's either got to go to 13th Street,
it's got to go to Third Street, which is
[1:55:24] often flooded, by the way, on Bushkill
Drive. I've had to detour around West
[1:55:28] Lafayette Street to get down to 13th
Street. I can see the impact being quite
[1:55:33] significant with all those units being
going in there and all the people on the
[1:55:37] traffic pattern. Whether or not it
increases Bushkill by 40%, it's going to
[1:55:41] increase the problems on the other two
areas and the little I guess it's a
[1:55:45] causeway or a bridge going over 13th
Street. I think it's going to be
[1:55:49] personally I think it'll be a nightmare.
That's the end of my discussion. Thank
[1:55:53] you very much.
>> Thank you.
[1:55:57] » Anybody else? [clears throat]
[1:56:02] » See no one else care to respond to
anything or sum up
[1:56:10] I'll sum up that you know it's um we
have done a lot of re renovation in in
[1:56:15] the city and um I think uh our record
speaks for the fact we care which is why
[1:56:22] we're also you know we want to try to be
open and answer everyone's questions. um
[1:56:27] you know, we've invested our basically
our adult lives working here and
[1:56:33] raising, you know, raising our kids
locally and and uh and um you know,
[1:56:37] we're we're I am fully invested in the
city of East more than anyone wants to
[1:56:41] be. So, I will simply say that uh we
think we're doing the best we can and we
[1:56:44] we we heard some of the comments tonight
and like I said, we heard some of the
[1:56:47] comments earlier. We're gonna we'd like
to do some redesign on the buildings,
[1:56:49] but that doesn't affect tonight's
hearing. But I would say that um you
[1:56:53] know we feel we've presented a good
project and we believe that we can meet
[1:56:56] all the criteria of this board tonight
that's necessary and we think we've
[1:57:00] balanced it as best we can and we
appreciate your your uh your your
[1:57:03] thoughts and uh and hope that you'll
you'll vote in favor of our uh our
[1:57:08] request and thank you.
>> Thank you. Close the hearing.
[2:09:49] who is
>> Mike and then Miss
[2:09:52] » Panto
and then Mr. Lac second.
[2:09:57] » Oh, Pam, I'm sorry. Pam
>> Mr. Civetella.
[2:10:00] » I
>> Miss Panto.
[2:10:03] » Mr. Lopez.
>> Hi,
[2:10:04] » Miss Thomas.
Granite.
[2:10:09] » Thank you.
[2:10:18] » Yeah.
>> Five minute break.
[2:10:23] » Yeah, I know.
[2:10:27] » Are we having a break? Oh, okay. Okay.
We taking five or
[2:10:31] » taking five?
>> Okay.
[2:10:56] I don't know what's happening right now.
[2:11:06] Oh, hold on. It's just taking it.
>> It says, "Please wait. You're a little
[2:11:11] too
[2:11:39] Nice. So, so my coach has got me playing
this 14y old kid.
[2:11:45] » No, it's fine. Actually, I beat him
handily like a bunch of It's imagine
[2:11:50] Florida
>> from 10 a.m. to noon.
[2:11:53] » It's like 110 in the shade.
>> And the thing is that I don't know I'm
[2:11:57] 51. I don't know. I'm 51. So, I'm out
there. I'm killing.
[2:12:02] And then I would sit down in like the
shade and I'm like, "Oh my god, I think
[2:12:05] I'm going to die." Like, I just So, I
lost I lost eight pounds because
[2:12:11] » either mostly I lost three pounds of
weight in five pounds of water
[2:12:15] » playing this guy.
>> I couldn't believe I beat him. That's
[2:12:18] the first thing. My coach, you're
guilty. Because he wants me. He's trying
[2:12:21] to get me into competitions and I'm like
I'm like whatever. So,
[2:12:28] Uh
>> oh. Did we break something?
[2:12:30] » It might have been
like
[2:12:40] » Don't do it.
>> Don't touch it. Just let the rain come
[2:12:44] back.
[2:12:55] » Keep me up. I've been up since 4:30.
[2:13:17] » Oh yeah.
>> Okay. Well, you know, we share
[2:13:20] everything including backwash.
[2:13:50] You broke it.
>> No, it worked.
[2:13:51] » Yeah, I don't know if it was laptop on
there or just out or something like
[2:13:56] that.
>> Is it coming back on?
[2:13:58] » Oh, wait. Is the TV off?
>> No,
[2:14:01] it should be.
[2:14:06] » No, it didn't die. It just needs to wake
back up.
[2:14:08] » Oh, I see it.
>> Yeah, you have to wake the Autobot.
[2:14:31] Yeah. And it said
>> Yeah.
[2:14:37] PC.
[2:14:40] » Yeah. But now it works.
>> We hit some buttons and it turned off.
[2:14:43] » I think it was maybe when the lawyer put
the buttons on.
[2:14:48] We just have to open.
[2:14:56] » Yeah. Let me look.
>> Yep.
[2:15:24] I couldn't even
[2:15:39] tried to beat it and
[2:15:43] trickling. Nothing crazy. All a sudden
it just opened.
[2:18:02] So, we'll see. There's a couple
[2:18:12] fun.
[2:18:41] We're going to call the hearing back to
order.
[2:18:50] » You ready? Open up the next hearing.
Secretary with a purpose, please.
[2:18:54] » [clears throat]
>> All right. Applications hereby made for
[2:18:57] a public hearing before the East Zoning
Hearing Board for property known as 1111
[2:19:01] 1113 Bushkill Drive zoning district
adaptive reuse block class B variances
[2:19:07] as follows. 59522D
proposed build two line of 17 ft
[2:19:13] required build two line of 5T. 59517F3
[2:19:19] proposed shrubs along the street side of
the building. Required street trees
[2:19:23] shall be planted along both sides of all
streets in accordance with chapter 5542
[2:19:28] and as determined by the city forester.
The above action is request to proceed
[2:19:33] with the construction of a mixeduse
residential commercial building for the
[2:19:36] redevelopment of an existing property
along Bushkill Drive. The appellent is
[2:19:41] Brandon Walker at 1 Oxford Center,
Pittsburgh, PA15219.
[2:19:48] The owner is the city of East at 123
South Third Street. Uh 25 adjacent
[2:19:52] property owners were notified and it was
published in the press.
[2:19:56] » Thank you, Tom. I see the applicant is
present. I'm going to ask anyone that
[2:19:59] wants to um talk at this hearing be
sworn in now, please.
[2:20:15] went to tell me this property was
posted.
[2:20:17] » Yes, it was. Thank you.
[2:20:21] » Good evening again. Hi.
Oh, Dwayne did read it.
[2:20:28] » You're done, Dwayne, right?
>> Oh, yeah. Yeah.
[2:20:29] » Okay.
>> I did the same thing last time at least.
[2:20:32] Okay. Sorry. Too many of these hearings.
Um, hi. Okay. So here we are here for
[2:20:36] just two variances. One similar to the
south side which is again street trees
[2:20:42] and shrubs and parking. Um and then a
new discussion which is a little odd. Um
[2:20:49] so our build two line is five feet is
supposed to be 5t from the edge of the
[2:20:54] building. So I might you know that you
basically you open a car door you're
[2:20:59] going to practically hit the building.
So for instance we went with about 17 to
[2:21:03] 20 feet. Also, the the the road is
curved, so it it it's 20 ft and then 17
[2:21:08] ft on the ends approximately. But, um,
for instance, the marquee, any any
[2:21:12] building over three or four stories,
you're not going to want five feet
[2:21:16] between the curb and the and the and the
face of the building. So, we feel it's a
[2:21:22] better design feature.
But, yeah, we can go through the slides.
[2:21:25] Sorry, I'm a little off. So, anyway,
okay, there's the parcel.
[2:21:31] Um, just so you know, [clears throat] in
comments that we received reloc we
[2:21:36] relocated the storefront for this on the
actual street face.
[2:21:42] And then the first, like I said, the
first variance we're dealing with is the
[2:21:45] build two line, which because of the
curvature of the road is 20 ft in the
[2:21:50] center and approximately 15 and 17 on
the ends. And we just feel it's better
[2:21:54] practice to not have the cars be
directly right up against the building
[2:21:59] as it would be like in a downtown
corridor.
[2:22:03] Um
>> did I see do you plan to install
[2:22:06] sidewalks there?
>> Yes, there'll be sidewalks there. Um
[2:22:09] there'll be bushes again. We're
underneath the power lines again in some
[2:22:12] spots so there's not there's trees on
the ends. We'll get we'll get to that in
[2:22:15] the next uh and there's bushes in that
area.
[2:22:18] » Yeah.
[2:22:21] » So the build line is currently right
along the curb, the proposed curb for
[2:22:25] the parking. So to be five feet away
from that, we would have a five foot
[2:22:30] sidewalk. But as Mark mentioned, if you
were to open a car door, you would take
[2:22:33] up almost three feet of that. And
clearly having a multi-story building up
[2:22:38] against, you know, only five feet
between the curb and the building at
[2:22:42] face. It's very tight. As a point of
reference, the marquee here is an 18
[2:22:48] foot sidewalk from curb to front of
building. So they have about three foot
[2:22:52] strip for um unloading and loading and
then a um 15 foot sidewalk which allows
[2:23:00] for some of the seating that they have
outside. But that feeling just for a
[2:23:04] point of reference is close to what
we're proposing here.
[2:23:09] » And furthermore, not just the marquee,
but pretty much every building three
[2:23:12] three stories this building marquee
they're all over 15 feet. It just it
[2:23:17] seems
that doesn't seem correct, but that's
[2:23:22] why we're requesting the relief.
I guess we'll move on. That's our Any
[2:23:27] questions on that? Okay.
>> Uh Street Trees, sorry, I did them
[2:23:32] backwards. So, sorry, the slides. She's
like, what are you doing? Um, so again,
[2:23:36] the same uh discussion we had on the
south building and then in keeping to
[2:23:40] try to keep the north and the south side
looking the same. Um, we have only three
[2:23:45] street trees that are physically in the
street
[2:23:48] as you know really street trees are. And
then we've highlighted additional trees
[2:23:53] that we have that are very close to the
street. And again, we're planting not on
[2:23:59] this side where there's not going to be
hundreds of trees because you have the
[2:24:01] cliff face coming down, but we are going
to be keeping all the mature trees that
[2:24:04] we can and then planting along the cliff
face along the back. So, um, we're just
[2:24:11] again trying to request as many street
stalls of parking for public use of the
[2:24:16] trail, which is why we're doing the
street trees the way we're doing them.
[2:24:21] And that's really
that's it for variances on this site.
[2:24:26] Any questions from the board?
[2:24:31] [sighs]
All right, I'll take some comments from
[2:24:34] the audience.
Yeah, they were.
[2:24:38] Anybody?
[2:24:42] Okay.
[2:24:49] There's no further questions you want to
sum up.
[2:24:53] » Um, uh, thank you for your consideration
and respectfully request that you vote
[2:24:58] in favor of hopefully these two
variances. Thank you.
[2:25:01] » Thank you.
[2:25:07] obviously
less.
[2:25:32] Is there a motion?
[2:25:45] and Mr. Thomas
[2:25:50] » Miss Thomas.
>> Hi,
[2:25:52] » Mr. Lobac.
>> Hi,
[2:25:54] » Mr. Civotella.
>> Hi,
[2:25:56] » Miss Panta.
>> Grant, good luck.
[2:25:59] » Thank you very much.
Actually,
[2:26:11] the eggs might make my house look
better. I don't know.
[2:26:31] All right, I'm going to open up the next
hearing. Secretary to purpose, please.
[2:26:34] » All right, applications hereby made for
a public hearing before the East and
[2:26:37] Zoning Hearing Board for property known
as 36 South 12th Street Zoning District
[2:26:42] West Ward block class C. Variance is as
follows. 59515D
[2:26:47] proposed existing lot width of 16 ft
required a minimum lot width of 18 ft.
[2:26:52] 59515F3
proposed no street trees required.
[2:26:57] Street trees shall be planted along
streets in accordance with chapter 5541
[2:27:02] and as determined by the city forester.
59533B
[2:27:07] proposed zero off- streetet parking
spaces required two off- streetet
[2:27:11] parking spaces. 59515D
proposed existing impervious coverage of
[2:27:17] 68%
required maximum impervious coverage not
[2:27:21] to exceed 50%. The above action is
request to proceed with the conversion
[2:27:26] of a single family residential to two
units. The appellent is Jose Pores at 36
[2:27:32] South 12th Street East NPA 18042.
The owner is Jose uh Porz and
[2:27:41] is that Bernicea Rodriguez.
Um 69 adjacent property owners were
[2:27:47] notified and it was published in the
press.
[2:27:49] » Thank you to the gentleman. Um is the
applicant present?
[2:27:55] Anybody that wishes to speak at this
hearing? I'm going to have you sworn in
[2:27:59] now.
[2:28:18] Does it tell me this property was
posted?
[2:28:20] » Yes, it was.
>> Mr. Nitzki,
[2:28:22] » sir, it's the one by my house.
>> Sorry.
[2:28:26] » The one by my house.
>> Oh.
[2:28:32] » [clears throat]
>> Folks, I have been alerted by our board
[2:28:36] chairman that he lives two doors from
this property. So, he will recuse
[2:28:41] himself from participation not only in
the hearing but in this vote. Okay.
[2:28:48] Thank you.
Who is the vice?
[2:28:55] So, the hearing will be overseen by our
vice chair, Mr. Lope sack.
[2:29:04] » How you guys doing tonight? Um, can you
start with your name and address for the
[2:29:09] record?
[2:29:16] » My name Jose Pesc.
[2:29:23] Thank you. Um, Alexis Nunees, um, 136
East West Street, Wing Gap, PA.
[2:29:31] » I'm sorry, Mr. Nunees. What was that?
>> Um, my last name,
[2:29:34] » your um, address, please.
>> 136 East West Street, Windgap.
[2:29:43] » Thank you.
>> Thank you, gentlemen. Well, you got
[2:29:46] starting. Tell us why you're here.
>> Yeah, I'm just here. I'm just helping
[2:29:49] him out. Just translating. I don't know
much about the property.
[2:29:54] That's why he told me on the way on the
ride here.
[2:29:57] » Okay.
>> Yeah.
[2:29:58] » Um
well, you guys have to kind of explain
[2:30:01] to us why you need some of these
variances to do what you're uh looking
[2:30:06] to do.
>> Um he wants to convert the single family
[2:30:10] into a a duplex and I think we're here
because it doesn't have any street
[2:30:15] parking. I mean any um off streetet
parking.
[2:30:19] » Uh that's one thing. So, we have um
minimum lot width required. Your
[2:30:27] proposed is a little bit smaller. So,
that's outside of the the framework. Um
[2:30:32] street trees should be planted along the
street. You're proposing no street
[2:30:37] trees. Uh yes, the parking two off
streetet parking spaces are needed. You
[2:30:41] have zero. Um and then maximum
impervious coverage not to exceed 50%.
[2:30:49] uh your existing impervious coverage is
68.
[2:30:55] So you guys got to tell us why you need,
you know, a little bit of
[2:31:04] to be honest.
[2:31:23] He was talking about adding a kitchen. I
don't think that has to do with the
[2:31:28] various things you guys are talking
about. [clears throat]
[2:31:31] » Why does he need to have a two unit
instead of the existing single family?
[2:31:35] » Oh, he just needs help with the mortgage
and he's he don't want to do it like,
[2:31:40] you know, like off like without permits
and stuff. He want to follow the rule.
[2:31:46] » Okay. But the rule says he has to have
two additional parking spaces.
[2:31:50] » Yeah.
>> How how do we get around that?
[2:32:17] How long has he owned the property?
[2:32:23] » Six.
>> Six years.
[2:32:28] and has had the same mortgage in place
for those six years.
[2:32:33] » Yeah.
Okay. What
[2:32:38] um I guess he just recently divorced
with his wife, so he needs help. Like
[2:32:44] his wife was helping him pay.
[2:32:49] » Could you consider roommates instead of
building?
[2:32:52] » Yeah, I was telling him the same thing.
I said just get some roommates and we'll
[2:32:56] just help out. You don't need no permits
and stuff for roommates
[2:33:01] » because [clears throat]
he hasn't given us anything that would
[2:33:07] meet the criterion of a hardship.
>> Yeah.
[2:33:10] » For the board to say, "Okay, just wave
the two parking spaces that are
[2:33:15] required."
>> Even if his wife is no longer there
[2:33:19] helping him out,
>> that's
[2:33:22] not really a legal hardship under the
law.
[2:33:26] I'm sure it's a personal hardship for
him, but it's not a legal hardship
[2:33:30] relative to the property itself.
>> Understand?
[2:33:37] » No, it's just one a single family.
[2:33:47] » Correct.
[2:33:54] He said that he will be living in the
house as well. So, he would only need
[2:33:58] one extra parking
[2:34:04] » and there's nowhere there's no backyard
or
[2:34:08] um alleyway or anything in the back
where he can make parking.
[2:34:23] trees
[2:34:34] [clears throat]
exist.
[2:34:56] parking.
[2:35:11] It's exactly
Yeah. I mean that is an existing
[2:35:15] condition as is the lot width.
>> Right.
[2:35:20] » Yep.
[2:35:24] » Right.
[2:35:32] » [clears throat]
[2:35:36] » Um, yeah, I just said it's it's the
existing law is is one thing that you
[2:35:44] can't change and you can't change the
impervious surface, but the parking
[2:35:49] spaces, there's no place at all that you
can
[2:35:53] like have you don't have any land in the
back that you have a alleyway or
[2:35:57] something behind the property where you
can make parking spots.
[2:36:09] » It says um it's too small.
>> Too small
[2:36:12] » in the back. Yeah.
[2:36:33] Since since the only reason you've given
for
[2:36:39] wanting this or needing it is monetary,
where is he going to get the money to
[2:36:44] install separate meters, to install a
full kitchen, to install
[2:36:49] » bathroom
>> firep? separation of between the two
[2:36:53] units
>> if I'm not mistaken according to what he
[2:36:56] told me on the right here was that they
did a cash out refinance and if when
[2:37:02] they separated and he got some of the
money from the cash out refinance and
[2:37:07] then he going to use some of that to
make it
[2:37:11] » then why doesn't he use some of that
cash to help pay the mortgage
[2:37:16] » and then look for a roommate
>> Yeah, I know. and keep the parking uh
[2:37:21] which
I mean
[2:37:25] are there neighbors here who can testify
as to what the parking situation is in
[2:37:31] the neighborhood?
Ma'am,
[2:37:36] go ahead.
Mr. Vice Chair, is that okay?
[2:37:41] » Yes. Okay.
[2:37:47] » Hi, good evening. My name is Julie Zando
Dennis. That's Z as in zebra. A N D O
[2:37:54] hyphen Dennis. Um I live at 1032 Lehigh
Street. So it's not on 12th, but um I
[2:38:01] have lived in the West Ward for nearly
20 years and I also uh serve as the
[2:38:09] council member representing the West
Ward. I've been in uh conversations with
[2:38:14] public works at the city um on numerous
occasions to try to come up with
[2:38:21] solutions to what I consider to be an
acute parking problem in the
[2:38:26] neighborhood um
>> in this neighborhood or in the westward
[2:38:29] in general.
>> Well, the south side of Northampton,
[2:38:32] which is our neighborhood, both the
applicants and my own. So, the north
[2:38:36] side uh has some parking problems, but
not the density that it has on the south
[2:38:42] side of Northampton from 6 to 15th
Street. And um
[2:38:48] this situation is dire um and in large
part because of these conversions. Um
[2:38:54] there have been discussions by community
activists for many many years really
[2:38:59] ever since I've moved to Easton about um
first of all the history of conversions
[2:39:06] how single family homes have been
converted into multi-unit homes.
[2:39:10] Sometimes
a workers row home has been converted
[2:39:14] into three apartments. We're talking
about a 20 foot wide workers row home.
[2:39:19] Um in many many instances I've seen that
in the west ward. um and uh how those
[2:39:27] conversions destroy the fabric, the
social fabric of the community. And I'm
[2:39:32] not being anti- renter. Uh many renters
are very responsible, but the nature of
[2:39:39] let's say a homeowner versus a renter is
that uh a renter's more most likely
[2:39:45] going to be a transient through the
neighborhood and is not going to invest
[2:39:49] in the way that um a homeowner would.
So I mean I have you asked me to talk
[2:39:58] about parking. Um uh there's there are
during snow removal, it's just a crisis.
[2:40:06] Um
during the summer months, um there are
[2:40:12] many streets that are too narrow to park
um on the street. So people are have to
[2:40:19] go up onto the sidewalks. And then as a
council member, I've received a number
[2:40:24] of complaints about people's sidewalks
cracking or, you know, uh getting
[2:40:30] damaged because cars, you know, parked
like on the sidewalk. And there's really
[2:40:36] no alternative in many instances. And um
[clears throat] that area around 12 is,
[2:40:43] you know,
is as dense as any.
[2:40:50] I'm happy to talk about other issues,
but you know, just
[2:40:54] giving precedence to the parking issue.
And also, um, just so you know, the
[2:40:59] conversations I've had with public
works,
[2:41:03] you know, we don't know if it's a,
uh, a lack of parking management or, uh,
[2:41:11] what or potentially like as Dave Hopkins
says at public works, um, like
[2:41:19] 60 pounds of potatoes that you're trying
to stuff into a 10 pound bag. Um I might
[2:41:25] be quoting that a little a little off,
but
[2:41:28] um my suspicion is it's actually a
little of both. You know, I think that
[2:41:33] there are too many cars um in large part
because of these conversions and I also
[2:41:41] think that you know there hasn't been
any efforts to try to manage those cars
[2:41:47] and there could be some efforts but the
difficulty is for example parallel that
[2:41:52] not parallel but diagonal parking. Um
the streets are are simply not wide
[2:41:56] enough to accommodate that. Um, so I've
gone over that with Dave many times and
[2:42:03] we're sort of batting it back and forth
and there is a proposal potentially to
[2:42:07] uh institute registration of cars just
so that we have a sense of what we're
[2:42:13] looking at, how many cars there are so
that then we can go to the next step and
[2:42:17] try to um uh come up with some
solutions. But it's the situation's
[2:42:25] a a critical
stage.
[2:42:29] » So,
>> thank you.
[2:42:31] » Welcome.
[2:42:41] » You just got to go to the mic because
it's being recorded. That's all.
[2:42:45] » So, if anybody's at home, they can hear
you.
[2:42:56] I'm sorry, Mr. Eli. Can we have your
address again, please?
[2:42:59] » Sure. Sure. 305 West Monroe Street,
Kurt Elely, Ehl Y. Um, for a significant
[2:43:08] number of years, I was involved in the
steering committee of the Westward
[2:43:14] Neighborhood Partnership.
And during that period of time, many
[2:43:19] many discussions occurred about the
conversion process and the impact that
[2:43:25] that had on the west ward. In fact, I
thought that there was a moratorum.
[2:43:31] Pam, am I correct? Do you recall any of
that? that there was at a time back,
[2:43:37] we're talking probably 15, 20 years ago,
>> there may have been that
[2:43:40] » where there was a decision made by
council to not allow conversions that
[2:43:47] they had to come to an end. I'm not sure
when the process sort of changed and
[2:43:53] went in the other direction, but um the
impact of those conversions in every
[2:44:00] every aspect of their life in the West
Wart is was and still is impacted by the
[2:44:09] number of people.
>> Unfortunately, and I I understand what
[2:44:13] you're getting at. I don't mean to cut
you off, but they're not asking for a
[2:44:16] use variance here because, correct me if
I'm wrong, but this the use is
[2:44:20] permitted. Correct.
>> That's correct.
[2:44:21] » Okay.
>> Oh, I understand that. I'm I'm just
[2:44:24] saying that
[2:44:28] if there are all of these other issues
that you have pointed out the I mean I
[2:44:33] don't I didn't count them all but it was
more than a handful it felt like of
[2:44:38] variances that are going to be required
to allow in effect another conversion of
[2:44:44] a single family home.
I I'm just asking that you really
[2:44:49] recognize the significance of that and
the impact of that.
[2:44:54] » And I I don't want to speak for the
whole board for for myself. I I pretty
[2:44:59] I'm I'm a real estate professional. So,
we also have a housing crisis. So, we do
[2:45:04] struggle here and I'm sure council
members understand the homelessness that
[2:45:09] we see every day, the struggle to keep
up with rents,
[2:45:12] » an individual trying to keep his home
afloat with today's economic situations.
[2:45:16] So, we all struggle with the parking. I
will say as a Westward resident, I know
[2:45:23] families that own homes that own six to
eight cars.
[2:45:28] So, whether you convert one house into
two apartments, hopefully they have two
[2:45:33] cars. I know I know families that have
six cars, four of them are broken down,
[2:45:39] three are operating. So, as you know,
council members mentioned,
[2:45:45] it's going to be difficult because
there's no law as to how many cars you
[2:45:49] can publicly park or publicly own. So,
it's a it's a it's it's a great thing. I
[2:45:55] I I I wish him the best because I don't
know how to alleviate it without
[2:46:01] basically cutting off public parking to
folks, your friends, your neighbors. You
[2:46:05] have a birthday party, they might not be
allowed on your street. [clears throat]
[2:46:09] So, it's a slippery slope.
[2:46:14] » Uh, interesting commentary.
>> Yeah, I I we we I agree. I'm just trying
[2:46:20] to The other side of that fence as a
resident and up here as the board is the
[2:46:24] housing crisis.
>> Well, again, that that brings up another
[2:46:27] important subject.
We need affordable housing. We need that
[2:46:33] across our city. all the houses or not
houses, but the apartments being built
[2:46:41] are priced at a way that doesn't help
solve the problem that you're alluding
[2:46:46] to. So, we we need a a plan and we've
got a professional planner now in our
[2:46:53] city. She happens to be here today. So
my hope is that she will be given the
[2:47:00] support to do the kind of planning that
allows us to hopefully alleviate this
[2:47:06] whole entire mix of problems.
>> I do hope so.
[2:47:10] » I mean basic economics is supply and
demand. So more supply should equal, you
[2:47:17] know, should help.
>> We'll be able to work it out.
[2:47:19] » Yeah. But adding an additional even if
it's one car, even if it's only what at
[2:47:25] beginning might be one person additional
that becomes two or three. Yeah.
[2:47:31] » Um I'm just saying there's a whole
history of the problem that was caused
[2:47:36] by conversion, the efforts made by the
city to bring that to a close and where
[2:47:42] we are today.
>> I just thought that might be helpful.
[2:47:45] That's all.
>> Yeah. Thank you.
[2:47:46] » Thank you.
[2:47:59] So, um,
>> anything else you gentlemen want to add?
[2:48:13] » No, we're good. We're board's good.
>> No, we're good.
[2:48:15] » We're good. All
right, close up
[2:51:12] Mr. Lozac
>> I
[2:51:14] » Miss Panto
>> Miss Thomas
[2:51:16] » hi.
>> All right. So it was denied um for the
[2:51:21] situation but you know we wish you the
best and probably look for a roommate
[2:51:25] situation be a lot easier. Thank you.