2011 Zoning Minutes
East Falls Community Council
Zoning and Land Use Committee
2011 Minutes
No Meeting in December, 2011
East Falls Community Council
Zoning and Land Use Committee
Minutes of November 16, 2011 Meeting
Committee Members Present: Marjorie Greenfield, Tom Sauerman, Roger Marsh, Edward Swenson, Jennifer Arnoldi, Brian Shovlin, Barnaby Wittels, Alex Keating, Heather Matejik, Franz Ostertag, Bill Epstein
Absent: Marie Killian
Notice Given: Notices were posted in the vicinity of 3521 Bowman Street. Notices were distributed to nearby households. Notice was published in the Fallser and in the EFCC Community Calendar email.
AGENDA
3521 Bowman Street. (Franklin’s)
Proposal: Expansion of existing deck. Permit for take-out food
Presentation:
Presenting: Paul Camillo, owner of Franklin’s(lessee of the property); Frank McMahon, general manager; Jeffrey Kaiser.
The proposed deck will have outside service but no outside bar. Staff and management will respond to noise problems. There will be no live music outside.
Discussion summary:
There was substantial discussion, with several neighbors and other community residents participating. There were many concerns about noise. Besides concerns about sound from entertainment or amplified music, there were questions about patrons’ noise, for example while viewing sporting events. An abutting neighbor opposed music because of experiences with noise from previous establishments at this location. The Committee took note of an email from a nearby resident, detailing concerns with noise.
Applicant stated a willingness to commit to a time at which amplified music would end, for example 10 PM or at time prescribed by Philadelphia Code. [Note: Philadelphia Code 10-403(3)(a) prohibits sounds exceeding 5 decibels above background at the boundary of the nearest residential property, regardless of time of day]. Applicant reiterated an intention that staff and management would control noisy patrons, and a willingness to discuss problem with noise from patrons watching sporting events on the proposed TV screen.
Some residents expressed a willingness to allow the deck with provisos, such as sit-down dining only, no amplified music, TV screen or live entertainment. However, no proposal addressed all noise issues.
Other matters were discussed. It is not clear how many patrons could be accommodated on the deck. There are concerns about patrons leaving the deck with drinks, considering the two exterior stairways. There are concerns about litter (cigarette butts, bottles, vomitus) in the neighborhood and wrong-way traffic on Conrad. A near neighbor complained of glare from parking-lot lights. There was support for a wheelchair ramp, despite concerns about it being on a separate parcel.
Two community residents spoke favorably of Franklin’s itself, including the existing deck.
There was a brief discussion of the application for a take-out food certificate. Mr. Camillo stated that he has had occasional requests from customers. There would be no take-out window or take-out counter. No objections were voiced.
.
Motions:
To oppose the application for expansion of the deck. The motion was approved, one abstention.
To support the application for a take-out certificate. The motion was approved.
Respectfully submitted,
Roger Marsh
NOTE: There will be a meeting on December 14, 2011 to further consider the matter
East Falls Community Council
Zoning and Land Use Committee
Minutes of October 19, 2011 Meeting
Committee Members Present: Marjorie Greenfield, Tom Sauerman, Roger
Marsh, Jennifer Arnoldi, Marie Killian, Brian Shovlin, Barnaby
Wittels, Heather Matejik, Franz Ostertag,
Excused: Alex Keating, Edward Swenson
Absent: Bill Epstein
Notice Given: Notices were posted in the vicinity of 4168 Ridge
Avenue. Notices were distributed to nearby households. Notice was
published in the Fallser and in the EFCC Community Calendar email.
AGENDA
4168 Ridge Ave. (Sunoco station at Ridge and Midvale Aves.)
Proposal: Demolition of present building. Construction of 3000+
square foot A-Plus Market. Change in traffic configuration. Same
number of pumps. 17 parking spaces (continued from August meeting).
Issues still to be resolved include: Lighting, location of trash
storage, height, size and location of signage, landscaping changes.
Reports:
Steve Bell (East Falls Resident) presented examples of Sunoco gas
station signs that are substantially lower than the existing signs.
Tom Sauerman reported that Shan Chuan no longer disposes of trash in
the Sunoco dumpster.
Gina Snyder and Sandra Radich (East Falls Development
Corporation--EFDC) had investigated the feasibility of street trees in
the sidewalk around the station. They report that trees would not be
suitable, being subject to damage from vehicles. They proposed 10
planters similar to those in front of Franco's Trattoria
(closed)-masonry, approximately 3' high, 3' wide and 8' long. These
would have to be on the sidewalk, there being insufficient room
between the fuel pumps and the sidewalk. This would require an
ordinance.
Presentation:
George Kroculick (attorney for Sunoco) and John Anderson (Cornerstone
Consulting Engineers) presented.
Effective the day of this meeting, the Sunoco Station is no longer a
franchise; it is now company-operated.
Sunoco supports the planter proposal and will work with the community
on an ordinance. Six planters are proposed; there will be landscaping
in some areas where EFDC had proposed planters. Sunoco will build
(estimated cost $7200) and maintain the planters, but will not take
title. Sunoco will also maintain the strip between River Road and the
Sunoco property.
Sunoco is willing to reduce the height of the trash enclosure to five
feet, but is unwilling to relocate it.
Sunoco does not wish to reduce illumination levels from those
proposed. Spec sheets for the fixtures were provided.
Documentation was provided that the existing signs had been approved
in 1994. A proposal for lower goal-post signs was submitted-the Ridge
Avenue sign would be 14'7" high, measured from the ground, with a
landscaped base. The Midvale sign would be 20' measured from the
concrete base. 'Marketing' claims they cannot be lower.
Discussion:
The proposed planters were viewed favorably. Gina Snyder indicated
willingness for EFDC to take title to the planters and seek an
insurance rider.
The concern with the canopy lighting was primarily potential for
spillover. The materials will be reviewed, and a committee member
will visit a station with the proposed lighting.
Concern continues regarding the dumpster enclosure. The Committee
will review the proposal with a near neighbor who was unavoidably
absent.
The Ridge sign was generally well received. There was considerable
discussion about the Midvale sign, with many opposing the proposed
height. There was little objection to the proposed LED price
displays. The Committee will study the sign, with particular
attention to visibility to motorists.
Action:
Because substantial issues remain unresolved, and because the
Committee is pursuing research into these matters, the Committee's
deliberations are continued until November 10. The November 10
meeting will be of the Committee only, there having been three public
meetings. Therefore, no public notice is required.
Respectfully submitted,
Roger Marsh
No Meeting in September, 2011
East Falls Community Council
Zoning and Land Use Committee
Minutes of August 17, 2011 Meeting
Committee Members Present: Marjorie Greenfield, Tom Sauerman, Roger
Marsh, Jennifer Arnoldi, Brian Shovlin, Alex Keating, Heather Matejik
Absent: Edward Swenson, Marie Killian, Barnaby Wittels, Franz
Ostertag, Bill Epstein
Notice Given: Notices were posted in the vicinity Falls Center and of
4168 Ridge Avenue. Notices were distributed to nearby households.
Notice was published in the Fallser and in the EFCC Community Calendar
email.
AGENDA
Falls Center, 3300 Henry Ave. - Permit for installation of Bowling
Center in Building One, Ground Floor. Property zoned C-2.
Community Notice: A question was raised as to whether there had been
sufficient community notice. Neighbors did not recall receiving a
notice and notices were missing from some poles; they might have been
blown and washed away by recent storms. The Committee decided to go
forward, but to withhold a final decision until an email had been sent
to the Community Council email list.
Presentation:
Sam Weiner (Ironstone) and Scott Caplan (Sweat Gym) presented.
By way of background, the Philadelphia University housing at Falls
Center has been completed. Sweat Gym has been approved for the site.
There are 73 parking spaces near the gym entrance. A bowling alley
with 10 lanes is now proposed as part of the gym. A single outside
entrance serves both the gym and bowling alley, but each has its own
entrance within the building. The gym is by membership only, but the
bowling alley would be open to the public.
Discussion:
There was discussion of the potential for parking overflow, consider
both utilization of the gym and use by other tenants.. There is
substantial parking elsewhere in the Center but Mr. Weiner could not
give exact numbers.
In response to a question, it was stated that there is no intention of
obtaining an LCB license.
There was considerable discussion of other matters involving Falls
Center and its tenants: maintenance of landscaping; banners on fences
and elsewhere; use of the Scotts Lane entrance for Eastern Charter
pick-up and drop-off.
Motion:
To approve the application subject to agreement by the applicant to
the following conditions:
1. No more banners on the site visible by neighbors or from road.
2. Comprehensive proposal for signage to be submitted to EFZC for
consideration by end of September.
3. No LCB application for SWEAT and Bowling Alley without approval by
EFCC first.
Approved, subject to review after community email notification. No
abstentions or recusal.
Because the community email notification yielded several responses in
support and no substantial objection, the motion was ratified by email
poll of the committee. [The committee may accept a delay on the
comprehensive-sign plan because of the many tenants involved]
4168 Ridge Ave. (Sunoco station at Ridge and Midvale Aves.)
Proposal: Demolition of present building. Construction of 3000+
square foot A-Plus Market. Change in traffic configuration. Same
number of pumps. 17 parking spaces (continued from June meeting).
Presentation:
George Kroculick (attorney for Sunoco) and John Anderson (Cornerstone
Consulting Engineers) presented. Laurie Pettengil and others from
Sunoco were also present.
The plan, as presented in June, was reviewed. Issues raised at that
meeting were then addressed.
The two 'goal post' signs will be reduced in height to 20' the height
that had been approved in 1991. There would be LED displays of prices
for two products [regular and diesel fuel]. The LEDs put out less
total light than the existing back-lighted display.
Illumination is to be increased, relative to the previous plan, in the
back parking area for security.
The trash storage enclosure will be masonry with composite (Trex or
similar) doors, not chain-link fence as originally proposed.
There will be trash receptacles throughout the site. There will be
inside and exterior security cameras.
Discussion:
It appears that there will still be many curb cuts. Sunoco does not
propose planters, knee walls or other barriers to discourage driving
on the sidewalk. Sunoco's position is that there is insufficient room
for barriers, and that vehicles bump into such structures. Sunoco has
reduced the size of the cuts. There was discussion of street trees to
soften the street-view and discourage driving on the sidewalk. Gina
Snyder (East Falls Development Corporation) will pursue this.
There was discussion of the sign height. Lower signs are the rule in
certain areas elsewhere. Sunoco noted that this is not the case
within Philadelphia. The Sunoco station at Stenton and Mt. Airy
Avenues has the LED displays of the style proposed here.
The dumpster enclosure remains a concern, potentially obstructing
neighbors' view of the river. Sunoco could not find another location,
considering the reduced size of the rear lot. The need for two 4-yard
dumpsters was questioned. Sunoco will look into a report that another
business is using the dumpsters.
There were concerns about the plastic 'temporary' signs-for beverages
and the like-attached to posts, as well as the point-of-service signs
mounted on lampposts.
Adam Carangi, an illuminating engineer, questioned the need for such
bright lighting under the canopy, and the need to increase lighting
for security in the back lot.
The Sunoco project will be further discussed at the September meeting.
Motion: None. The matter is continued.
Respectfully submitted,
Roger Marsh
Marjorie Greenfield
East Falls Community Council
Zoning and Land Use Committee
Minutes of July 20, 2011 Meeting
Committee Members Present:
Marjorie Greenfield, Tom Sauerman, Roger Marsh, Jennifer Arnoldi, Marie Killian, Barnaby Wittels, Alex Keating, Heather Matejik, Franz Ostertag, Bill Epstein
Excused: Edward Swenson, Brian Shovlin
Notice Given: Notices were posted in the vicinity of 4265 Ridge. Notices were distributed to nearby households. Notice was published in the Fallser and in the EFCC Community Calendar email.
AGENDA
4265 Ridge Avenue
New owner seeks to legalize the current use as two dwelling units. The property is zoned C-2, and attached C-2 properties cannot be entirely residential. Applicant does not seek permission to make any changes to the property.
Presentation: John Harker (applicant) presented. Applicant recently purchased the property, an attached three-story building. Prior to settlement, applicant was advised that a rental license could be issued. After settling, L&I advised the applicant that there had been a doctor's office on the first floor a number of decades ago; therefore the building could not be grandfathered as residential.
Discussion: The building is not suited to commercial use; it appears to have been built as a residence, and it would be impractical to convert it to commercial use because the first floor is several steps above the sidewalk. There is a surplus of commercial space in the area. No objections to the variance were raised.
Motion: To support the application for variance. The motion was approved. There were no abstentions or recusals.
Respectfully submitted,
Roger Marsh
East Falls Community Council
Zoning and Land Use Committee
Minutes of June 15, 2011 Meeting
Committee Members Present:
Marjorie Greenfield, Tom Sauerman, Roger Marsh, Edward Swenson, George Grigonis, Drew Tepper, Jennifer Arnoldi, Joe Doherty, Marie Killian, Brian Shovlin, Lloyd Russow, Barnaby Wittels.
Absent: None
Notice Given: Notices were posted in the vicinity of 4168 Ridge, and in vicinity of Henry Ave. and Schoolhouse Lane. Notices were distributed to nearby households. Notice was published in the Fallser and in the EFCC Community Calendar email.
AGENDA
Philadelphia University: Sign Replacement at School House Lane and Henry Avenue
Proposal: New sign to replace sign that was destroyed by a car. The project includes replacement of the signs at diagonally opposing corners, one on the upper campus and one on the lower campus. In addition, various existing signs on the main campus would be approved as they were not previously subject o regulation, according to L&I.
Presentation:
Bill Martin (attorney), Elizabeth Nestor (Philadelphia University) and Steve Sprouls (architect) presented. The new signs are to be on the north and south corners of School House Lane and Henry Avenue (main campus and Ravenhill Campus). Because these are different parcels, two refusals are involved. The refusal for the main campus also requires ZBA action to regularize various signs on campus.
The new signs are to be masonry with metal lettering, uplit from below. The forecourts will have hard surfaces, to provide more room for pedestrians waiting to cross. The north sign will have a low retaining wall in front, and will itself serve as a retaining wall.
Discussion: There were clarifications of the dimensions and setbacks. A concern was raised that the south sign could provide a place for concealment of potential wrongdoers.
Motion: To support the Philadelphia University applications for signs on the north and south corners of School House Lane and Henry Avenue, and legalization of other signs on the main campus, contingent on the following: A written agreement to take security measures, such as dense plantings of thorny shrubs, to make it difficult to lurk behind the sign on the south corner of the intersection. Approved. Lloyd Russo abstained.
4168 Ridge Ave. (Sunoco station at Ridge and Midvale Aves.)
Proposal: Demolition of present building. Construction of 3000+ square foot A-Plus Market. Change in traffic configuration. Same number of pumps. 17 parking spaces. Changes of signs.
Presentation:
George Kroculik (attorney), John Anderson (consulting engineer, Cornerstone) and Leslie Cunningham (consulting engineer, Cornerstone) presented.
The current store is about 2000 square feet. The new one, about 3000 square feet, will be pushed back, providing better traffic flow between the pumps and the parking in front of the store. There will be a back entrance. The building will have earth-tone colors and fewer graphics than originally proposed.
The proposed median in Midvale was adjusted to allow fuel delivery trucks to exit.
New LED recessed lighting in the fuel pump canopy will reduce spillover and glare. The lot will have 3-5 ft-candles.
Discussion:
A suggestion was made to move the store to Midvale, with pumps behind. There were two comments in opposition, one from a neighbor across the street. There were questions about security problems with the back door, and concerns that the dumpster enclosure (chain link fence with colored vinyl slats) would obstruct neighbor's view of the river.
There were questions about the sparseness of landscaping in front. Applicant proposes landscaping around the goal-post signs and at Ridge and Midvale. Sidewalk planters were suggested, on Ridge opposite the pumps.
There were comments about litter and the clutter of signs. Applicant proposed to provide a District Manager contact.
There were questions about the height of the goal-post signs and the intensity of the LED displays.
Action: By general consent, discussion will be continued at the July meeting. [Addendum: The discussion was continued to August.] Attendees were asked to submit written comments to the Chair, who will consolidate them and forward them to applicants.
Respectfully submitted,
Roger Marsh
NO MAY MEETING
East Falls Community Council
Zoning and Land Use Committee
Minutes of April 20, 2011 Meeting
Committee Members Present: Tom Sauerman, Roger Marsh, Edward Swenson, Drew Tepper, Jennifer Arnoldi, Joe Doherty, Marie Killian, Brian Shovlin, Lloyd Russow, Barnaby Wittels.
Absent: Marjorie Greenfield, George Grigonis.
Notice Given: Notices were posted in the vicinity of 4038 Ridge Avenue, and distributed to nearby households. Notice was published in the Fallser and in the EFCC Community Calendar email.
AGENDA
4038 Ridge Avenue
Applicant seeks approval of reconfiguration of second and third floors into two apartments, parking in rear of building; and, a take out permit for a café on the first floor.
Presentation:
Applicant, Tom Gilbert presented. He plans to operate the café himself, serving light fare. He has no intention of obtaining a liquor license. He proposes a projecting sign similar in size to that of the adjacent karate studio. The second-floor rear apartment would have access via an existing rear staircase. The other apartment (second floor front and third floor) would have access via an existing door in the front. This block of Ridge Avenue is zoned L-4 (light industrial) on the applicant's side of the street. However, it is primarily residential in actual use.
Discussion: There was no opposition to the apartments. There are two parking spaces in the rear for tenant use. There was general support for the café, although one neighbor was concerned about smells if a deep fryer were used. Applicant stated that he does not intend to have a deep fryer. There is a desire that the café remain a sit-down restaurant, and not become primarily a take-out restaurant. There is adequate customer parking on Ridge Avenue. The applicant did not define opening and closing times but does not plan on late hours. East Falls Development Corporation has written a letter in support of the application.
Motion: To support the application for a variance for the apartments and for a use certificate for take-out, contingent on the applicant's agreement to the following:
Regarding the restaurant:
* Hours of operation not earlier than 7 AM nor later than 9 PM.
* Signage to comply with the East Falls Overlay.
* No exterior cooler or storage.
* Restaurant trash to be stored inside.
* Restaurant to be operated primarily as a sit-down restaurant.
* Venting is to be through roof
* No deep-fat fryer
* Take-out use certificate to be for applicant business only (if permitted by ZBA; otherwise agreement to apply to successors).
Regarding the entire building:
* Architectural features of façade to be preserved.
* Construction and operation to conform to applicable codes (including but not limited to egress).
The motion was approved. No abstentions or recusals.
Respectfully submitted,
Roger Marsh
East Falls Community Council
Zoning and Land Use Committee
Minutes of March 16, 2011 Meeting
Committee Members Present: Marjorie Greenfield, Tom Sauerman, Roger Marsh, Edward Swenson, George Grigonis, Jennifer Arnoldi, Marie Killian, Brian Shovlin, Lloyd Russow, Barnaby Wittels.
Absent: Drew Tepper, Joe Doherty
Notice Given: Notices were posted in the vicinity of 4177 Ridge, and distributed to nearby households. Notice was published in the Fallser and in the EFCC Community Calendar email.
AGENDA
4177 Ridge Avenue - Lot next to Liquor Store and 3676 Indian Queen
Lane
Application: Rearrangement of existing parking lot to create four spaces including one accessible van space; redrawing of lot lines including 3676 Indian Queen Lane; landscaping less than required by City Code; legalization of existing sign.
Presentation: James Campbell (architect), Dan Markind (attorney) presented for applicant. Gina Snyder (East Falls Development Corporation) presented background history. This is one component of a plan to improve the appearance of the liquor store. There were delays because of irregularities in property lines. The plan includes permeable surfaces and landscaping. The existing sign, which does not conform to the East Falls Special District regulations, is to be replaced at some point in the future.
Discussion: There was discussion of the fencing plan and landscaping. There is concern that legalization of the sign would allow a new nonconforming sign. There may be an realignment of the boundary with 4187 Ridge Avenue, which may affect the final plan.
Motion: To support the application contingent on the applicant’s agreement to the following: [1] The variance for the sign applies only to the existing sign, and only a period of one year, or such date as may be negotiated. [2] No fence to be installed along the property at 4187 Ridge Avenue, from the street to a point to be marked on a drawing [a corner on the building at that property, 33 feet more or less from the street]. [3] After landscaping, the owner will replace any dead plantings.
The motion was approved, with no abstentions.
Respectfully submitted,
Roger Marsh
East Falls Community Council
Zoning and Land Use Committee
Minutes of January 5, 2010 Meeting
Committee Members Present:
Marjorie Greenfield, Tom Sauerman, Roger Marsh, Drew Tepper, Jennifer Arnoldi, Joe Doherty, Marie Killian, Brian Shovlin, Lloyd Russow, Barnaby Wittels.
Excused: George Grigonis.
Absent: Edward Swenson.
Notice Given: Notices were posted in the vicinities 3421 Conrad Street, and distributed to nearby households. Notice was published in the Fallser.
AGENDA
3421 CONRAD STREET
Proposed first floor use: Florist and gift shop, including pre-packaged foods. One window sign and one 1.8' x 1.8' projecting sign. Applicant is Peicha Chang, Falls Flowers, LLC.
Presentation: Peicha Chang (applicant) and Bryan Adler (attorney) presented. Falls Flowers had operated in the now-closed East Falls Marketplace. The business seeks to occupy the first floor of 3421 Conrad Street. This location has been used commercially for many years, most recently by Falls Pharmacy.
Discussion:
In response to questions, the applicant stated that the packaged foods would be primarily gift baskets, but also chocolates; and that plant waste is to be collected by a commercial composter. No objections to the application were stated. The proposed signage was reviewed. It was noted that East Falls Development Corporation had sent a letter of support to the Zoning Board of Adjustment.
Motion:
To support the application as submitted. Approved.
Respectfully submitted,
Roger Marsh