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1 1 CITY OF PHILADELPHIA 2 ZONING BOARD OF ADJUSTMENT - - - 3 APPLICANT: : Calendar 4 COTTON STREET LANDING : No. 99-1388 : 5 IN RE: : 4320-4368 MAIN STREET : 6 7 - - - Wednesday, December 22, 1999 8 Philadelphia, Pennsylvania - - - 9 10 Hearing of the ZONING BOARD OF ADJUSTMENT, 11 held at 1515 Arch Street, 18th Floor, on the above 12 date, beginning at approximately 2:10 p.m., before 13 Tara L. Wachowski, Registered Professional Reporter, 14 Commissioner of Deeds. 15 - - - 16 APPEARANCES: 17 BOARD MEMBERS: Thomas J. Kelly, Chairman 18 David L. Auspitz Thomas D. Logan 19 Oliver Thornton 20 21 22 23 DELCASALE, CASEY, MARTIN & MANCHELLO 1801 Market Street - Suite 636 24 Philadelphia, Pennsylvania 19103 (215) 568-2211 2 1 APPEARANCES (Continued): 2 BALLARD, SPAHR, ANDREWS & INGERSOLL, L.L.P. 3 BY: MICHAEL SKLAROFF, ESQUIRE 1735 Market Street 4 51st Floor Philadelphia, Pennsylvania 19103 5 Counsel for Applicant 6 7 MASON & KRAKOWER BY: STANLEY R. KRAKOWER, ESQUIRE 8 2300 ARAMARK Tower 1101 Market Street 9 Philadelphia, Pennsylvania 19107 10 Counsel for Protestants 11 CITY COUNCIL OF PHILADELPHIA 12 BY: ROBERT M. JAFFE, ESQUIRE Room 588, City Hall 13 Philadelphia, Pennsylvania 19107 14 Counsel for Councilman Cohen 15 16 ALSO PRESENT: Kay Smith, Manayunk Development Corporation 17 18 19 20 21 22 23 24 3 1 INDEX TO TESTIMONY 2 WITNESSES Direct Cross Redirect Recross 3 John E. Thrower 10, 12 -- -- 4 Voir Dire - Page 12 5 Examined by Mr. Krakower 26 Examined by Mr. Jaffe 45 6 Elmore J. Boles, Jr. 47, 58 -- -- 7 Voir Dire - Page 53 8 Examined by Mr. Krakower 70 9 Examined by Mr. Jaffe 81 - - - 10 INDEX TO EXHIBITS 11 APPLICANT'S EXHIBITS MARKED 12 No. 1 Resume of John E. Thrower 11 13 No. 2 Plan 20 14 No. 3 Resume of Elmore J. Boles, Jr. 48 15 No. 4 Summary report 61 16 No. 5 Computer analysis 63 17 PROTESTANTS' EXHIBITS MARKED 18 No. 1A Ranking from Fairmount 19 Measuring 91 20 - - - 21 22 23 DELCASALE, CASEY, MARTIN & MANCHELLO 1801 Market Street - Suite 636 24 Philadelphia, Pennsylvania 19103 (215) 568-2211 4 1 MR. KELLY: Counter 99-1388, 4320-68 2 Main Street. The application is for the 3 relocation of lot lines to create one lot 4 from three and demolition of existing 5 structures with erection of a four and five 6 story structure and one, four and five 7 story structure with a subbasement and 8 basement garage located below the floor 9 line as part of a 270 apartment building 10 with 392 existing parking spaces, accessory 11 recreation area and pool for residents only 12 and 183 public parking spaces. This 13 construction is in the floodway, and no new 14 construction is permitted in the floodway. 15 Open court minimum width requires 12 16 feet, and you're proposing 8 feet, 8 17 inches. On the use the application is for 18 the erection of two structures to be used 19 as 270 dwelling units with a total of 392 20 existing parking spaces, a recreation area 21 for residents only and 183 parking spaces 22 for public parking for a total of 575 23 spaces. Proposing 8'6" by 18' parking 24 spaces, 12 accessible spaces 12' by 18' and 5 1 48 compact spaces, whereas dwelling units 2 are prohibited in the district, and parking 3 spaces are required to be 9' by 18'; 4 accessible spaces are required to be 13' by 5 18', and compact spaces are not permitted 6 in the district. Two zoning refusals, 7 three use refusals. 8 Note to the Zoning Board, issuance of 9 a permit is contingent upon City Planning 10 approval, Streets Department approval and 11 Water Department approval. A complete plot 12 plan showing and dimensioning the one story 13 portion of this proposal will be submitted 14 prior to the hearing before the Zoning 15 Board of Adjustment. Sir. 16 MR. SKLAROFF: Mr. Chairman, Members 17 of the Board, my name is Michael Sklaroff. 18 I'm the attorney for Cotton Street Landing 19 Associates, the applicants. 20 MR. KRAKOWER: Mr. Chairman, my name 21 is Stanley Krakower. I'm the attorney for 22 the Friends of Manayunk Canal and the 23 Manayunk Neighborhood Council and some 24 other individual protestants. 6 1 MR. JAFFE: I'm Robert Jaffe. I'm 2 here on behalf of Councilman David Cohen in 3 opposition. 4 MS. SMITH: I'm Kay Smith, Manayunk 5 Development Corporation here in 6 opposition. 7 MR. KELLY: Mr. Sklaroff. 8 MR. SKLAROFF: Mr. Chairman, this 9 application is both a request for variances 10 based upon refusals that the Chairman has 11 read into the record as well as a challenge 12 to the validity of the G-2 zoning. So it 13 is both a validity challenge and a request 14 for variances. 15 Of the five items that can be 16 considered to be variances in the opinion 17 of the Department of Licenses and 18 Inspections, with regard to accessible 19 spaces must be 13' by 18', that's 20 handicapped access, we are going to 21 comply. We state that for the record. 22 With regard to the court dimensions, where 23 12 feet is required and 8 feet, 8 inches is 24 proposed, again, we will comply with that 7 1 requirement. 2 With regard to construction in the 3 floodway, this project will not increase 4 the 100-year flood level, and this will be 5 demonstrated in a study that will be 6 submitted to Martin Soffer of the City 7 Planning Commission, who is the enforcement 8 officer for the City of Philadelphia under 9 the Federal Emergency Management Act. So 10 we consider that we will be complying with 11 that. We are not asking for a variance 12 from that requirement, and that will be 13 submitted to Mr. Soffer in the ordinary 14 course. 15 So with respect to variances or 16 validity challenges, we are here on use, 17 that is residential use, because this is a 18 G-2 industrial district, and although it 19 permits many interesting things, it does 20 not permit residential development. And, 21 secondly, we're here to request 22 modifications of the 9' by 18' 23 requirement. We're asking for the parking 24 to be 8' and a half by 18', which is 8 1 consistent with the standard for 2 residential and also to ask for compact 3 spaces. This will be both an accessory 4 parking facility and a parking facility for 5 the community, and we submit that it should 6 be treated exactly like other modern 7 parking facilities in the community. 8 So having said that, on especially 9 the use and the project, I would ask 10 Mr. John E. Thrower, T-h-r-o-w-e-r, to 11 testify. I would submit -- ask him to 12 testify as an expert architect and land 13 planner. And, Mr. Thrower, would you state 14 to the Board your professional affiliation. 15 MR. KELLY: Before you start -- 16 MR. KRAKOWER: Before you begin, may 17 I get an opportunity to be heard in a brief 18 statement. 19 MR. KELLY: All of the statements you 20 made, sir, regarding what you're going to 21 comply with, you'll put that in the form of 22 a letter to us? 23 MR. SKLAROFF: Absolutely. 24 MR. KELLY: Thank you. Mr. Krakower. 9 1 MR. KRAKOWER: With respect to the 2 study that's being provided to Mr. Soffer, 3 I respectfully submit for the record that 4 does not comply with the requirements of 5 the Zoning Code. The indication and the 6 proof that there'll be no increase in the 7 regulatory flood level is to be done here 8 in person under oath and subject to 9 cross-examination. And unless we're going 10 to have that, then I would submit 11 immediately, right off the bat, that 12 there's noncompliance with the legal 13 requirements of Section 1802(3) of the 14 Zoning Code. 15 MR. SKLAROFF: That's wrong. It's 16 assuming that there's a variance. What the 17 Code says is that you are permitted to do 18 this work so long as you don't increase the 19 flood profile, and that, under our system, 20 is a function of the Planning Commission's 21 Martin Soffer under the Federal Emergency 22 Management Act. 23 MR. KELLY: If you'll submit that to 24 him and at that time we'll find out if 10 Thrower - direct 1 you're correct or not. 2 MR. SKLAROFF: Correct. 3 MR. KELLY: Your argument is on the 4 record. Please proceed, Mr. Sklaroff. 5 ... JOHN E. THROWER, having been 6 previously sworn as a witness, was examined 7 and testified as follows ... 8 DIRECT EXAMINATION 9 BY MR. SKLAROFF: 10 Q. Mr. Thrower, would you state your 11 professional affiliation. 12 A. I'm a professional architect working in 13 Philadelphia. I'm a member of the American Institute 14 of Architects. 15 Q. How long have you been an architect? 16 A. 34 years. 17 Q. And have you been involved in or are you 18 involved in residential projects similar to the 19 current project? 20 A. I am currently involved in about a dozen 21 residential projects, three on the Schuylkill River, 22 three on the Delaware River. 23 Q. And in connection with your architectural 24 work, are you familiar with and do you have expertise 11 Thrower - direct 1 in land planning and comprehensive planning issues? 2 A. Yes, sir, I do. 3 Q. And your educational background. 4 A. I have both a Bachelor's and a Master's of 5 architecture from the University of Pennsylvania. 6 Q. And Bower, Lewis, Thrower is one of the 7 architectural firms in the city that works on major 8 projects of civic importance; is that correct? 9 A. That's correct. 10 MR. KRAKOWER: I'm going to object to 11 the term civic importance. 12 MR. KELLY: So noted. 13 (Document marked for identification 14 as Exhibit No. A-1.) 15 MR. SKLAROFF: I would submit as 16 exhibit A-1 the resume of Mr. Thrower, and 17 I would offer his credentials. 18 MR. KELLY: Do you have any 19 objections to his credentials? 20 MR. KRAKOWER: That depends on the 21 question, not for the purposes of 22 architectural questioning, no. 23 MR. SKLAROFF: Well, he's being 24 submitted on architecture and land planning 12 Thrower - direct 1 issues. 2 MR. KRAKOWER: May I just ask him a 3 question. 4 VOIR DIRE 5 BY MR. KRAKOWER: 6 Q. Mr. Thrower, do you have any expertise in 7 hydraulics or hydraulic engineering? 8 A. No, sir, I don't. 9 MR. KRAKOWER: Thank you. 10 MR. KELLY: Please proceed. 11 DIRECT EXAMINATION 12 BY MR. SKLAROFF: 13 Q. Mr. Thrower, would you explain to the 14 Members of the Board the project. 15 A. Yes. Here to the left is an aerial 16 photograph of the site as it exists today in 17 Manayunk. This is the Connelly property here. 18 Immediately in back of that is the canal and Main 19 Street and in the foreground the Schuylkill River. 20 The project that we are proposing is a residential 21 development with accessory parking below it that is a 22 series of buildings that are one, four and five 23 stories high. It's accessed at two points by 24 pedestrians and vehicles at the existing Cotton 13 Thrower - direct 1 Street bridge and by pedestrians from Main Street at 2 the north end of the site over an existing bridge 3 that was designed for pedestrians as well as 4 utilities crossing the canal. 5 Here is a cross section through the 6 project showing the building in yellow, the 7 residential portion at its low and high 8 configurations, one and five stories high, two levels 9 of parking below that, the Schuylkill River to the 10 left, the Manayunk Canal to the right and in the far 11 right Main Street. What you're looking at here is an 12 elevation of the project as it would be seen from the 13 Schuylkill Expressway across the river. On the far 14 right on that easel is a plan of one of two parking 15 levels at the lower portion of the project. Here's 16 the pedestrian bridge. Here is Cotton Street 17 extension out to the river; vehicle access for 18 automobile parking and truck service to this lowest 19 level; access for residents via a lower lobby at the 20 south end. And at the upper level, this shows the 21 residential configuration in these L-shaped, U-shaped 22 buildings, center loaded corridors with apartments on 23 either side. 24 We're proposing a total of 270 14 Thrower - direct 1 apartments. Approximately half of those are studios 2 and one bedrooms, approximately half are two 3 bedrooms. We're providing a total of 575 4 automobiles. That's one automobile for every bedroom 5 in the community, plus 83 cars left over for general 6 community use and visitors. 7 We are proposing along the river side 8 an extension of the river walk that the Planning 9 Commission has been planning that will pass entirely 10 in front of our project and connect presumably to the 11 parcels on either side. We are proposing to improve 12 the towpath along the canal both as a pedestrian and 13 bicycle amenity for the community in general as well 14 as an access way for emergency vehicles to our site. 15 Q. In what way is this development sympathetic 16 or not sympathetic with its context? 17 A. Well, the parcel is now zoned G-2, which is 18 totally inappropriate for a little pocket of land 19 like this so closely involved with a historic, 20 small-scale community. So we're proposing that it be 21 a residential use, which we believe is completely 22 compatible and appropriate for its surrounding uses. 23 It's also important from our point of view, since 24 part of the island is certainly going to be 15 Thrower - direct 1 residential -- I mean recreational, to propose 2 residential uses on the island so that there are 3 people living there. 4 Q. You mentioned the towpath which you 5 proposed to improve along the canal and the river 6 walk along the Schuylkill River. In addition to 7 those efforts, would you say that the scale of the 8 development is consistent with the surroundings as 9 well? 10 A. It indeed is. The actual volumetric 11 density of what we're proposing is less than half of 12 what would be allowed under industrial G-2 zoning and 13 is less, in fact, than the volumetric density, as I 14 understand it, of the buildings along Main Street. 15 Q. And the river walk which is planned, is 16 that a walk which will be limited in enjoyment to the 17 residents of this community, or will it be available 18 to the residents of the larger community? 19 A. That's for the larger community. 20 Q. And currently, actually, and since this 21 property became first used in the early 1800's, has 22 there been public access along the Schuylkill River? 23 A. Not to my knowledge. 24 Q. So this is the first time, at least in 16 Thrower - direct 1 recent memory, that there will be access? 2 A. Other than the recreational center to the 3 south. 4 Q. But along this property, the former -- or 5 the Connelly property, this is the first time in 6 memory that a river walk will be available; is that 7 correct? 8 A. That's correct, to my understanding, yes. 9 Q. What are, if you can recall, the mix in 10 bedrooms? Is there a mix of one bedrooms, two 11 bedrooms and studios? 12 A. I recall that approximately half of the 13 units are studios and one bedrooms and approximately 14 half are two bedrooms. 15 Q. Now, let's talk a little bit about the G-2 16 zoning, which is the current zoning. 17 MR. SKLAROFF: I would state for the 18 record that G-2 is current zoning, although 19 there is now, although there was not when 20 this application was filed, a pending 21 ordinance to rezone the property. So I 22 think the Board should be made aware of 23 that. 24 BY MR. SKLAROFF: 17 Thrower - direct 1 Q. But with regard to the G-2, which is the 2 governing zoning at the time this was filed, would 3 you say that was a relevant and vital zoning 4 classification? 5 A. I think it's a complete anachronism, given 6 what Manayunk is today. I mean, what would be 7 allowed under the G-2 zoning is ridiculous, all sorts 8 of manufacturing. You could even put a parcel 9 delivery service terminal under the present zoning. 10 Q. So under the current zoning, you could put 11 a United Parcel facility, if one would want to go 12 there, correct? 13 A. That's right. 14 Q. You could have a freight terminal, correct, 15 if you could get one to go there? 16 A. Yes, sir. 17 Q. You could have a 1,300 foot digital 18 television tower, if you could get one to go there? 19 A. I believe so. 20 Q. And you could kill chickens; is that 21 correct? 22 A. I believe, yes. 23 Q. So that now this is now an anachronism, and 24 has it been an anachronism in the '90's? 18 Thrower - direct 1 A. It certainly has. Industrial has no 2 business on the island now. There's no way to move 3 goods and raw material in and out. There's one 4 rickety rail line there. The canal is inoperative. 5 The streets are totally inadequate for handling big 6 truck rigs. 7 Q. Now, its last use there with Mr. Connelly 8 involved the storage of baled wastepaper; is that 9 correct? 10 A. As I understand it, yes. 11 Q. And that's a use that is permitted under 12 the G-2 zoning? 13 A. That's correct. 14 Q. Is the storage of baled wastepaper a use 15 that is consistent with the way Manayunk and Main 16 Street of Manayunk has developed over the past three 17 years? 18 A. Certainly not, in my estimation. 19 Q. Is this proposal consistent with the 20 development of Manayunk over the past several years? 21 A. Absolutely. 22 Q. As a general matter, from a city planning 23 point of view, if the goal of the city, among other 24 things, is to repopulate the city, which has been 19 Thrower - direct 1 losing population over the last number of years, does 2 this represent, in your view, an appropriate way to 3 help repopulate the city? 4 A. It's one of the most appropriate ways, in 5 my estimation, to take pockets of industrial activity 6 that are no longer appropriate and to change those 7 over to residential activity. 8 Q. Now, as part of your involvement in 9 Manayunk, are you involved in other projects for 10 residential development on Venice Island? 11 A. I am actually, yes. 12 Q. And is it fair to say that the projects 13 that are now proposed, there are two to the north of 14 this site and this project, fall within the category 15 of moderate density residential development? 16 A. To the best of my understanding, they all 17 do. I'm very familiar with one of them and somewhat 18 less familiar with the other. 19 Q. So this is neither high density, which 20 might be a high-rise apartment, correct? 21 A. That's correct. 22 Q. Nor low density which might be single 23 family, detached houses in R-1 or R-2? 24 A. It could be fairly characterized as 20 Thrower - direct 1 moderate density, yes. 2 MR. SKLAROFF: Now, I'm not sure how 3 -- there is an application, a plan, 4 Mr. Chairman, which is Z-1, which was 5 submitted with the application. Does the 6 Board have that? It's a rather extensive 7 plan. 8 MR. KELLY: No, we don't, sir. 9 MR. SKLAROFF: We would offer this, 10 the plan which has all of the dimensions, 11 which is a Z-1 and ask that it be marked 12 Exhibit A-2. This plan is not sealed, but 13 the one that has been submitted with the 14 application is sealed. 15 MR. KELLY: Thank you. 16 (Document marked for identification 17 as Exhibit No. A-2.) 18 BY MR. SKLAROFF: 19 Q. Now, Venice Island at this site is below -- 20 is within the floodplain; is that correct? 21 A. That's correct, sir. 22 Q. And it's within the floodway, correct? 23 A. That's correct. 24 Q. We'll hear more about that from Mr. Boles 21 Thrower - direct 1 when we get to that testimony. In case it wasn't 2 clear, where would the residential units occur with 3 respect to the floodplain and floodway? 4 A. Well, the development, as we have designed 5 it, is designed in such a way that parking in a 6 concrete structure occurs partially below grade and 7 entirely within the area that would be flooded for 8 the 100-year floodplain. Our residential development 9 is, as required, I believe it's a foot and a half at 10 a minimum above the 100-year flood line. 11 Q. So this proposal assumes compliance with 12 the requirements of FEMA; is that correct? 13 A. Absolutely. 14 Q. And the current building which you referred 15 to in the aerial is a fairly large building, correct? 16 A. That's right. It is approximately 48,000 17 square feet out of the site area of approximately 18 122. 19 Q. And that is to the -- at the north end of 20 the site? 21 A. That's correct, sir. 22 Q. To some extent, that extends out over the 23 Schuylkill River, correct? 24 A. A portion of it does indeed. 22 Thrower - direct 1 Q. And when you compare the amount of square 2 footage within the flood profile at the current 3 condition and the amount in the new condition, do you 4 have any understanding as to what the volume 5 difference would be? 6 A. Yes, sir. As I said, the existing 7 buildings occupy a footprint of approximately 48,000 8 square feet. If we were to add up all of the 9 structure, the fire towers, elevator shafts, lower 10 access lobbies in our project, they would add up to 11 approximately 4,000 square feet, a little less than 12 one-tenth of the existing area. 13 Q. Now, of course, subject to the actual 14 submission of the flood study, one would think that 15 that's an advantage? 16 A. One would think so, but we haven't gotten 17 the results from the flood study yet. 18 Q. Now, going through the section of the code 19 that relates to the granting of variances, I would 20 ask you whether the configuration of the site, its 21 location between the canal and the river, the contour 22 of the site and the fact that the site is within the 23 floodway, are those specific characteristics that are 24 peculiar or unique to this site? 23 Thrower - direct 1 A. Yes, sir. 2 Q. And are they characteristics which give 3 rise to the need for variances? 4 A. I believe so, yes. 5 Q. Is there any concern that there would be 6 any injury permanently or substantially or otherwise 7 to adjoining properties? 8 A. Absolutely not. 9 Q. And this situation with the uniqueness of 10 the site, that did not result from the actions of 11 Mr. Connelly or the applicant? 12 A. No, sir. 13 Q. Based on what you know, will this grant of 14 variances substantially increase congestion in the 15 streets? 16 A. Based on what I know, no, not 17 substantially. 18 Q. Will there be any increase as a result of 19 this project danger of fire or otherwise a danger to 20 the public safety? 21 A. No. 22 Q. Will the proposed density of residential 23 units overcrowd the land or create any undue 24 concentration of population? 24 Thrower - direct 1 A. In my estimation, absolutely not. 2 Q. Will there be any impairment of light and 3 air to adjacent properties? 4 A. No, sir. 5 Q. When you say adjacent properties, can we 6 include in that not only individual landowners but 7 public properties and waterways? 8 A. Yes, sir. 9 Q. Is there any adverse affect on 10 transportation or water, sewer, school, park or other 11 public facilities? 12 A. Not to my knowledge. 13 Q. In any other way will the grant of the 14 variances adversely affect the public health, safety 15 or general welfare? 16 A. No, sir. 17 Q. Will the granting of this variance be 18 consistent with the spirit and harmony of the 19 Philadelphia Zoning Code? 20 A. In my estimation, absolutely. 21 Q. When you look at the plan and you look at 22 the G-2 zoning, do you have an opinion as to whether 23 the current zoning classification is consistent with 24 the comprehensive planning principles? 25 Thrower - direct 1 A. No, sir, in my estimation, it's not to 2 place industrial use in this location, and, as I 3 said, the volumetric density that we are proposing is 4 less than half of what would be allowed under current 5 industrial zoning. 6 Q. Given all the circumstances, does this 7 represent, in your mind, a reasonable density and 8 reasonable measures given the uniqueness of the site? 9 A. Yes, sir. 10 MR. SKLAROFF: If the Board will just 11 indulge me for a moment. 12 (Pause.) 13 BY MR. SKLAROFF: 14 Q. Just for the record, you said, Mr. Thrower, 15 that there would be 83 parking spaces available to 16 the public. Did you mean 183? 17 A. I meant 183 if I said 83. 18 MR. SKLAROFF: Thank you, Mr. 19 Thrower. 20 MR. KELLY: Mr. Thrower, do you know 21 anything about this site when it belonged 22 to Connelly? 23 THE WITNESS: Only what I know from 24 having been through the property when it 26 Thrower - direct 1 was in operation. 2 MR. KELLY: And how long has it been 3 since it's been in operation? 4 THE WITNESS: It has not been in 5 operation for six or eight months, to the 6 best of my knowledge. 7 MR. KELLY: At the height of its 8 operations, how many employees were 9 employed there? 10 THE WITNESS: I don't know, sir. 11 MR. KELLY: Thank you. 12 MR. KRAKOWER: May I? 13 MR. KELLY: Sure. 14 CROSS-EXAMINATION 15 BY MR. KRAKOWER: 16 Q. All right. Mr. Thrower, you're talking 17 about there being 275 cars for the residents of these 18 apartments? 19 A. No. 392 cars for 275 apartments. 20 MR. SKLAROFF: I think we're talking 21 about spaces. Can we agree? 22 MR. KRAKOWER: Yes, we're talking 23 about spaces. 24 MR. KELLY: Parking spaces, not 27 Thrower - cross 1 necessarily cars. 2 BY MR. KRAKOWER: 3 Q. There's anticipated that that number of 4 spaces is there because there may be that many cars 5 that will be using that in that area? 6 A. It's a very conservative judgment to 7 provide one parking spot for every bedroom. 8 Q. So it would be fair to say that it could 9 well be that there could be 392 cars on that lot? 10 A. It could well be. 11 Q. Now, do you know the volume of space taken 12 up by 392 cars? 13 A. Offhand, no, sir, I don't. 14 Q. Do you know the amount of fuel that would 15 be in a normal time stored in 392 cars? 16 A. No, sir. 17 Q. Do you know what the hydraulic resistance 18 to rushing water would be of 392 cars? 19 A. No, sir. I stated earlier I don't have 20 expertise in hydrology. 21 Q. Mr. Thrower, are you familiar with the 22 accounts of the relatively recent flooding in the 23 Carolinas as a result of Hurricane Floyd? Have you 24 seen any of the photographs, et cetera? 28 Thrower - cross 1 A. Yes, sir, I have. 2 Q. Now, would you agree that, for the most 3 part, the most seriously injured areas were 4 residential areas in the Carolinas? 5 MR. SKLAROFF: May I object. I think 6 we're going a little far afield. This is 7 not the Carolinas. 8 MR. KRAKOWER: I submit, 9 Mr. Sklaroff, that rushing water and 10 families being swept out of their homes 11 wouldn't be any different in the Schuylkill 12 River than they would in the Carolinas. 13 MR. KELLY: Sir, if you have an 14 answer, you have an answer. If you don't 15 have an answer, you don't have an answer. 16 THE WITNESS: I don't really know the 17 answer to that. No, I don't know where the 18 damage was centered. 19 BY MR. KRAKOWER: 20 Q. Now, you talk about there being less 21 volumetric density. What exactly or what to the best 22 of your evidence is the volumetric density that would 23 be involved if this were developed G-2, as it has 24 been? It's been G-2? 29 Thrower - cross 1 A. It has been G-2. We're approximately 2 310,000 square feet in our project. G-2 zoning would 3 allow something close to 650, more than double that. 4 Q. Do you know what the density is of the 5 Connelly operation? 6 A. No, sir, I don't. I only know the 7 footprint that is the shadow of one floor is 48,000 8 square feet. There are many portions of that 9 property, of course, that are multiple floors, but I 10 don't know what they all add up to. 11 Q. So you don't know that information from the 12 Connelly operation? 13 A. No, sir. 14 Q. By the way, you say 650,000 square feet 15 would be allowed in G-2. Did you take into 16 consideration restrictions that would be applied here 17 because it's in a floodway and that some of the -- or 18 many of the G-2 uses permitted elsewhere would not be 19 permitted in a floodway? 20 A. I was not talking about uses. I was 21 talking merely of floor area ratio, which is spelled 22 out very clearly in the code, a ratio of 5, meaning 23 you could put 500 percent of the site area on this 24 site. 30 Thrower - cross 1 Q. Is that equally true in the floodway? 2 Doesn't the floodway provide restrictions to that? 3 A. I'm not aware of that. 4 Q. In Section 1606? 5 A. I don't know that. 6 Q. Now, you talked about the river walk 7 running along the side. Are multiple apartment uses 8 the only way to have a river walk? 9 A. No, sir. 10 Q. Couldn't you have a river walk if you had 11 industrial use or entertainment use or recreational 12 use? There are many uses you could still have a 13 river walk, couldn't you? 14 A. Any -- 15 MR. SKLAROFF: I object to the form 16 of the question. First of all, the 17 commercial uses aren't at issue here. If 18 the question is can you have a river walk 19 at the same time you have a parcel post 20 distribution center or a commercial 21 slaughterhouse or even to dry eggs, if 22 that's the question, then he can answer 23 that question. 24 MR. KRAKOWER: That's not the 31 Thrower - cross 1 question. 2 BY MR. KRAKOWER: 3 Q. First of all, under Section 1606 of the 4 Code and under the restrictions applicable to a 5 floodway, could you have any G-2 use that you want 6 that would otherwise be permitted in G-2? 7 MR. KELLY: Do you know an answer to 8 this, sir? 9 THE WITNESS: No, I don't know the 10 answer. 11 MR. KELLY: That's all you have to 12 say then. 13 MR. KRAKOWER: May I have just a 14 moment. 15 MR. SKLAROFF: For simplicity of the 16 record, maybe this helps, Mr. Krakower, the 17 Code speaks for itself, and the storage of 18 certain chemicals would be prohibited in 19 proximity to the floodway under the Code. 20 I think that's a point of argument. Now, 21 we'll concede the Code says what it says. 22 But you can still kill chickens and gather 23 parcels. 24 MR. KRAKOWER: But my question is of 32 Thrower - cross 1 Mr. Thrower, not of you, Mr. Sklaroff, and 2 it's a question is Mr. Thrower familiar 3 with the limitations in 1606 and the 4 prohibited uses in 1606. 5 MR. SKLAROFF: Why don't we show him 6 -- would you like me to show him? 7 MR. KRAKOWER: No, I'm asking before 8 we show him, maybe we will, maybe we won't, 9 if he's been qualified, does he know these 10 things for himself? 11 MR. SKLAROFF: He said he didn't. 12 BY MR. KRAKOWER: 13 Q. Now, did you take those various limitations 14 into account in determining what uses you thought G-2 15 would allow? 16 A. I did not dwell on what uses G-2 would 17 allow. Our proposal has been for residential use. 18 Q. With respect to the fact that this is in a 19 floodway and I think you mentioned something about a 20 floodplain, and I may have asked you this question in 21 another proceeding, forgive me if I did, are you 22 familiar with the difference in definition in the 23 Zoning Code between the floodway and the floodplain? 24 A. Yes, sir, I am. 33 Thrower - cross 1 Q. Now, would you briefly state -- would you 2 agree -- would it be fair to say that the floodway is 3 the heart of where the flood goes, where the water 4 and the river moves fastest and deepest; whereas the 5 floodplain encompasses any areas including the fringe 6 that would be gotten wet or would be in some way 7 subject to some flood? 8 A. That's generally my understanding, yes, 9 sir. 10 Q. And am I not correct that Venice Island is 11 entirely in the floodway as distinguished from the 12 floodplain? 13 A. That's my understanding. 14 Q. Now, are you familiar with any other 15 projects in the City of Philadelphia which are 16 located wholly or even primarily within the floodway 17 of the Schuylkill River? 18 A. Well, all the projects on Venice Island 19 are. 20 Q. I'm talking outside of Venice Island. Let 21 me strike that. Let me ask it this way: Are you 22 familiar with any residential projects which are 23 located either wholly or primarily in the floodway of 24 the Schuylkill River? 34 Thrower - cross 1 A. Not offhand, sir. I can't say that's not 2 the case, but I'm just not familiar. 3 Q. None that you know of? 4 A. That's correct. 5 Q. Now, with regard to the dangers to persons 6 that might come about from flooding, did you consider 7 that an industrial use or a recreational use would be 8 less likely to be dangerous to persons in the case of 9 serious flooding on Venice Island? 10 A. I guess I don't believe that's the case. 11 Q. Did you think about it? Did you consider 12 danger potentiality in deciding that residential use 13 was what was appropriate here? 14 A. Yes, sir, we did. 15 Q. Did you consider the experiences in other 16 locales, such as the Carolinas, or other places in 17 which residential uses have been developed in the 18 path of a floodway? 19 A. We considered the dangers and we took what 20 we believed to be prudent measures and safeguards to 21 ensure the safety of the residents, and that's by 22 providing a stable structure below that can take the 23 water, by building all the residences above the flood 24 line and providing an emergency egress way from our 35 Thrower - cross 1 residential use to high ground. 2 Q. Now, with regard to what can take the water 3 below the surface, do you have hydraulic studies with 4 regard to that issue that verifies the ability of 5 those structures to withstand the water? 6 A. I do not. We have engaged a structural 7 engineer, and we've developed a reinforced concrete 8 structure for our garage, which will certainly meet 9 the requirements for flooding. 10 Q. I didn't think you were qualified to make 11 those statements. 12 MR. SKLAROFF: Wait a second. He 13 said he's received a study. 14 MR. KRAKOWER: Okay. 15 BY MR. KRAKOWER: 16 Q. By whom is that study? 17 A. No, I have not received the study. I said 18 we've engaged in a study. 19 MR. SKLAROFF: He's commissioned a 20 study. 21 THE WITNESS: And we are now in 22 conceptual design. When our project is 23 completed, it will certainly meet all the 24 requirements for the hydrological issues. 36 Thrower - cross 1 BY MR. KRAKOWER: 2 Q. Do you anticipate then to complete the 3 project before you do the hydrological studies? 4 A. Absolutely not. 5 Q. Maybe I misunderstand what you just said. 6 I thought you said when the project is completed, it 7 will satisfy the hydrologic -- 8 A. When the design is completed, the hydrology 9 studies will be available, and our design will comply 10 with the requirements. 11 Q. That's, of course, before you get permits? 12 A. Absolutely. 13 Q. But those are not ready right now? 14 A. No, sir, I don't believe they are. 15 Q. At this moment, has there been any approval 16 by FEMA for any of the flood requirements or flood 17 issues on this project? 18 A. Not to my knowledge. 19 Q. Have there been any approvals by the 20 Commonwealth of Pennsylvania -- 21 A. No, sir. 22 Q. -- as of this time? With regard to the 23 flood problems in that area, are you familiar with 24 -- I'm going to show you a photograph. It's the 37 Thrower - cross 1 first page of the Philadelphia Inquirer of Saturday, 2 September 18th, 1999, showing a group of trailers on 3 Flat Rock Road. I'm going to show Mr. Sklaroff this, 4 if he hasn't seen it before. It's from the front 5 page of the Inquirer, and I'm going to ask you if 6 you're familiar with either the photograph or the 7 conditions that that photograph represents? 8 A. Yes, sir, I am. 9 Q. Now, knowing that potentiality on -- that 10 is Venice Island, isn't it, that that photograph 11 shows? 12 A. Yes, sir. It's not this location. 13 Q. Not this location, but it is on Venice 14 Island? 15 A. Okay. 16 Q. How far is it from this location, less than 17 a mile? 18 MR. SKLAROFF: Excuse me. I ask 19 Mr. Chairman that there will be an 20 opportunity -- lifting up of signs and 21 impairing the view of people here is 22 inappropriate. 23 SPECTATOR: They were on the side. 24 There's no impairment of view, sir. 38 Thrower - cross 1 MR. KELLY: There's no argument in 2 here. Please keep the signs down. We'll 3 see them as you bring them forth. Thank 4 you. 5 BY MR. KRAKOWER: 6 Q. I think I was asking you, Mr. Thrower, if 7 you can estimate the distance from where those 8 trailers were flowing down the street to the project 9 that you're talking about here? 10 A. I'd say a mile. 11 Q. Now, would it be fair to say that this site 12 -- pardon me if I refer to it as the Connelly site 13 because of years of considering it the Connelly site 14 -- that the Connelly site is subject to flooding as 15 severe as, equal to that which is shown in that 16 photograph? 17 A. I don't know whether it's subject to 18 flooding as severe. We are six or eight feet below 19 the 100-year flood line, so there could certainly be 20 that much water on the site. 21 Q. Now, do you assume or believe that a 22 building which is in the floodway which is taller 23 than the height of the regulatory flood height that 24 the upper part of that building is outside the 39 Thrower - cross 1 floodway, even though the lower part is within it? 2 Is that your understanding? 3 A. That's my understanding. 4 Q. So that would it be fair to say that you do 5 not believe that if a building is in the floodway, it 6 is within the floodway if its footprint stands in the 7 floodway no matter how tall you make it; you don't 8 agree with that? 9 MR. SKLAROFF: I object to the form 10 of the question. 11 MR. KRAKOWER: Maybe it is a little 12 confusing. I'm going to withdraw the form 13 of the question. I'll try to state the 14 same question a little differently. 15 MR. SKLAROFF: I think really, 16 Stanley, it's more a matter of argument 17 than cross-examination, but go ahead. 18 MR. KRAKOWER: I want to get 19 Mr. Thrower's opinion. 20 THE WITNESS: If what you're saying 21 is that this building which is in two parts 22 a residential portion sitting on top of a 23 garage, if you're considering that all one 24 building, yes, the building is within the 40 Thrower - cross 1 floodway. However, my understanding of the 2 requirements are that no habitable space, 3 and that is all the apartments, can be 4 within the floodway, and there we complied 5 by being a couple of feet above the 6 100-year flood line. 7 BY MR. KRAKOWER: 8 Q. Well, if the regulatory flood comes as -- 9 do you agree that these regulatory floods 10 periodically come to Venice Island? 11 A. Yes, sir. I don't know on what frequency. 12 Q. Well, would you agree one came within the 13 year 1999? 14 A. Yes, sir. 15 Q. If your project existed, the garage was 16 relatively full of cars and the apartments were 17 relatively full of people and you had the regulatory 18 flood, do I understand your position to be that all 19 of the residents would be above the flood level? 20 A. That's correct. 21 Q. Would the bottom floor of the lowest 22 residence be above the flood level? 23 A. Yes, sir. 24 Q. Now, what about the automobiles? 41 Thrower - cross 1 A. The automobiles in the garage are within 2 the floodway, and certainly part of the management 3 program, the evacuation program for the building will 4 be for residents to leave and to move their cars to 5 high ground. 6 Q. If they do not have time to leave and move 7 to high ground or they're not home or it's in the 8 middle of the night or whatever, what will happen to 9 those automobiles; they'll get swept down the river? 10 A. Well, I can't speculate as to what the 11 management policy will be for the building. If I 12 were managing, I would require the residents to keep 13 a copy of their automobile keys in the safe in the 14 office just for such an emergency. 15 Q. Now, are you familiar with the bridges or I 16 think it's one bridge going -- connecting this 17 project, Cotton Street project to the mainland? 18 A. There are two bridges. One is a vehicle 19 bridge, and one is a pedestrian bridge. 20 Q. I'm talking about vehicles. 21 A. Yes, sir. 22 Q. I'm back to the situation in which the 23 regulatory flood hits while these people are in their 24 apartments and the cars are in the garages, some 200 42 Thrower - cross 1 -- let's say it's not 392. Let's say only half the 2 people are home, 200 cars. Have you done a study as 3 to the speed with which 200 cars could cross that one 4 automobile bridge, a one vehicle bridge that you 5 referred to, to get off the island and on to the 6 mainland? 7 A. No, sir, I haven't done such a study. 8 Q. So you don't know how much time these 9 people would have to get out of there before their 10 cars were floating down to the Art Museum? You don't 11 know how long that would take? 12 MR. KELLY: He said he doesn't know. 13 Let's move it along. 14 MR. SKLAROFF: Again, this is 15 argument. 16 BY MR. KRAKOWER: 17 Q. Have you done a study or has a study been 18 commissioned with respect to the timing of that? 19 MR. SKLAROFF: Timing of what? 20 MR. KRAKOWER: How long it would take 21 200 cars to get -- 22 MR. KELLY: Have you done that, sir? 23 THE WITNESS: No, sir. 24 MR. KELLY: He hasn't done that. 43 Thrower - cross 1 Let's move it along. 2 BY MR. KRAKOWER: 3 Q. Are you familiar with FEMA and state 4 requirements as to what you can store in the floodway 5 and particularly storing of petroleum products? 6 A. Not specifically, no, sir. 7 MR. AUSPITZ: When you have a moment, 8 it's very important to me to hear why the 9 residents are out here today. I understand 10 their concern and they're worried about the 11 new tenants losing their cars down the 12 river, and I won't in any way impede you 13 from making your case or your argument. 14 There seems to be something about making a 15 case and an argument for a future appeal 16 rather than in front of people who are 17 extremely interested what can happen to 18 help build the city and build the 19 neighborhood in Philadelphia. So if you 20 could somehow work in along the way, I'm 21 sure there were community meetings. I 22 would like to know what happened there. 23 I'd like to know if people are against the 24 residential project. I'd like to know 44 Thrower - cross 1 things like that so that we can work on the 2 decision. 3 MR. KRAKOWER: Maybe since I'm 4 cross-examining him, we're not putting on 5 our case yet, Mr. Auspitz. We will, and 6 all those things will come out. I can 7 summarize by saying that the people -- most 8 of the people -- the people I'm 9 representing who are here believe this is a 10 dangerous project that has not been thought 11 through, not been engineered, and to all 12 the commissioners, we're not looking for an 13 appeal. If you have watched what's been 14 going on with flooding around the world, in 15 the Carolinas, in Venezuela or anywhere 16 else, this is an ill-conceived project in 17 our point. I must first cross-examine 18 their architect, their engineer and make 19 sure that it's clear on the record as to 20 what they're saying, and then we'll bring 21 our own people on, including experts. 22 MR. KELLY: Why don't we get to your 23 people. He's answered what he can answer. 24 MR. JAFFE: I'd like to ask -- 45 Thrower - cross 1 MR. KELLY: Wait a minute. 2 MR. KRAKOWER: I'm going to stop my 3 questioning then and let Mr. Jaffe ask some 4 questions. 5 BY MR. JAFFE: 6 Q. Just very briefly, could you tell me in 7 what capacity you're here today? 8 A. As the architect for the building. 9 Q. So you're not here as an expert then. Do 10 you have a vested interest in this project, sir? 11 A. You mean a financial interest? 12 Q. Is your company a designing entity of this 13 project? 14 A. Yes, we are. 15 Q. So it would be correct to say that you're 16 not here as an independent expert, as an independent 17 architect without a vested interest in the program? 18 A. That's fair to say, I guess. 19 MR. JAFFE: That's all. 20 MR. KELLY: He's the project 21 architect. 22 MR. JAFFE: But he's been brought to 23 us and I'd like to suggest and then go back 24 and object to what Mr. Krakower said 46 Thrower - cross 1 originally that this gentleman is here as a 2 fact witness not as an expert. 3 MR. SKLAROFF: No, no. This is a 4 frivolous statement on your part. Please. 5 MR. KELLY: There are no objections 6 to him being -- his credentials were 7 presented. He is what he is. He's an 8 expert in the architectural field, and this 9 is his job. 10 MR. KRAKOWER: We would only ask and 11 I would only ask, however, that the Board 12 also take into consideration he is not an 13 unbiased expert. 14 MR. SKLAROFF: We have disclosed that 15 he is the project architect. 16 MR. KELLY: Mr. Krakower, the 17 witnesses for you are not unbiased either. 18 MR. KRAKOWER: No. 19 MR. KELLY: We know what the 20 witnesses are. 21 MR. SKLAROFF: He has the practical 22 knowledge. 23 MR. KELLY: Let's cut to the chase 24 and hear the case. 47 Thrower - cross 1 MR. SKLAROFF: I have no other 2 questions. 3 MR. KELLY: Thank you, sir. 4 MR. SKLAROFF: Our next witness is 5 Elmore J. Boles, Jr., professional 6 engineer. 7 ... ELMORE J. BOLES, JR., having been 8 previously sworn as a witness, was examined 9 and testified as follows ... 10 DIRECT EXAMINATION 11 BY MR. SKLAROFF: 12 Q. Mr. Boles, would you state for the record 13 your professional affiliation. 14 A. I am president of Boles Smythe Associates, 15 and I'm vice president of Delta Group, an urban 16 design firm. 17 Q. I would offer Mr. Boles' resume, and, very 18 quickly, Mr. Boles, tell us about your -- you can 19 refer to a copy of the resume -- your educational 20 background. 21 A. I have a Bachelor of Science in civil 22 engineering, a Master of Science in civil engineering 23 and a certificate from MIT in highway engineering. I 24 have a certificate from Northwestern University in 48 Boles - direct 1 urban transportation, and I have a certificate in 2 urban planning from MIT. 3 Q. And are your qualifications set forth in 4 detail on the exhibit which we would mark as Exhibit 5 A-3? 6 A. It doesn't list the 450 projects I've been 7 involved with. 8 Q. I'm not saying it's complete, but what is 9 on here is accurate? 10 A. That's correct. 11 (Document marked for identification 12 as Exhibit No. A-3.) 13 BY MR. SKLAROFF: 14 Q. And you have 40 years of experience in 15 civil and transportation engineering and urban 16 design; is that correct? 17 A. That's correct. 18 Q. Have you been involved in projects similar 19 to this? 20 A. Yes, I've been. 21 MR. KRAKOWER: I'm going to object to 22 the term "similar to this" without knowing 23 similar in what regard. 24 MR. KELLY: He'll answer that, sir. 49 Boles - direct 1 BY MR. SKLAROFF: 2 Q. Let me ask you this: Have you been 3 involved in projects built in the Schuylkill 4 floodway? 5 A. Yes, sir, I have. 6 Q. And more than one? 7 A. Yes. 8 Q. And more than Venice Island? 9 A. Yes. 10 Q. Would you tell the Board what those 11 projects are. 12 A. I'm going to recite my experience with 13 respect to the Schuylkill River. At the present time 14 we are consulting engineers for PIDC for the 15 redevelopment of the infrastructure at the Navy Yard, 16 which is both in the floodway and substantially on 17 the floodplain. It's just north of that we have 18 completed the police criminal investigation 19 impoundment lot, just south of the Platt Bridge, 20 which is entirely in the floodway. Just north of 21 that, on the west bank of the river, we are now 22 building a $69 million chiller plant for the 23 University of Pennsylvania and an NCAA baseball 24 stadium. Diagonally across the river, we just 50 Boles - direct 1 completed Locust on the Park, which is 50 percent in 2 the floodplain and survived the Floyd -- 3 MR. KRAKOWER: Is it in the 4 floodway? 5 THE WITNESS: No, it is in the -- 6 MR. KELLY: Mr. Krakower, he's giving 7 testimony. Don't interrupt him. 8 THE WITNESS: It's in the floodplain. 9 MR. KELLY: Sir, testify to the 10 Board. 11 THE WITNESS: In addition to that 12 project, which is at Locust Street on the 13 east bank of the river, we have for the 14 past 30 years been the designers of 15 Schuylkill River Park, which formerly was 16 in the floodway and is now just in the 17 floodplain. We recently completed a study 18 of the marketplace lower level, which Quest 19 is moving into with their equipment in the 20 floodway -- in the floodplain. I'm sorry. 21 We last May completed the construction of 22 the bulkhead for the east side of the 23 Schuylkill River from just north of Locust 24 Street to just north of Vine Street, and 51 Boles - direct 1 we've been working on that project for 2 about 15 years. In addition to that, we 3 have designed the existing part of 4 Schuylkill River Park, which is from Taney 5 Street up to Locust Street. It's three 6 separate park projects which have been -- 7 the last one of which was completed about 8 four years ago. 9 In addition to that, the work we have 10 done for the west side of the river 11 consists of the Lower Merion -- I'm sorry 12 -- the Upper Merion Township extension of 13 Route 23 along the west bank of the 14 Schuylkill, all of it in the floodplain. 15 In addition to that, we have done 16 projects in Birdsboro. We did the Haig 17 Creek main burg project, which is a 18 floodway project in which we removed 300 19 homes and built the park and borough 20 activities in the floodway. 21 In addition to that, we have been the 22 consultants for the City of Reading on the 23 Model Cities I project, which is in the 24 floodplain and partially in the floodway in 52 Boles - direct 1 the lower part of Reading. We have 2 completed the Schuylkill project for the 3 City of Reading for the development of both 4 park space and the Penske Trucking 5 facilities, which are in the floodplain and 6 floodway in the City of Reading and worked 7 on additional waterfront facilities along 8 the river. That's my experience on the 9 Schuylkill River. 10 BY MR. SKLAROFF: 11 Q. Have you also been involved in traffic 12 engineering studies in the City of Philadelphia? 13 A. Yes, I have. We do a substantial number of 14 projects for the City Streets Department, and for 15 PIDC and the Street Department jointly I am the 16 coauthor of the Manayunk Traffic and Parking Study, 17 which was done in '96 and '97. 18 MR. SKLAROFF: We would offer 19 Mr. Boles as an expert on civil and 20 transportation engineering and urban 21 design. 22 MR. KELLY: Any objections? 23 MR. KRAKOWER: Yes, for the record I 24 object. 53 Boles - direct 1 MR. KELLY: So noted. 2 MR. KRAKOWER: Do I get a chance to 3 cross-examine Mr. Boles on his expertise? 4 MR. KELLY: You've already objected 5 to him. 6 MR. KRAKOWER: I've objected, and I'd 7 also like an opportunity -- 8 MR. SKLAROFF: On his credentials, 9 Mr. Krakower? 10 MR. KRAKOWER: On his credentials, 11 that's correct, at least on one aspect of 12 his credentials. 13 MR. KELLY: Go ahead, sir. 14 VOIR DIRE 15 BY MR. KRAKOWER: 16 Q. Reviewing the list of projects in which, 17 with all due respect, I believe you have interjected 18 floodway and floodplain as seems to be the tendency 19 for so many people to do. 20 MR. SKLAROFF: Object to that. 21 Please ask a question. 22 MR. KRAKOWER: I think the Board has 23 heard that interspersing of floodway and 24 floodplain. The record will show. 54 Boles - voir dire 1 MR. KELLY: Mr. Krakower, he made it 2 clear to you what was floodway and 3 floodplain. 4 BY MR. KRAKOWER: 5 Q. My question is this, sir: According to my 6 notes, you have not made reference to a residential 7 project being developed in the floodway, a 8 residential project in the floodway of all the 9 projects you have named. If I missed any -- 10 MR. SKLAROFF: You want to ask him a 11 question. 12 BY MR. KRAKOWER: 13 Q. Yes. Did you make any reference to -- my 14 notes missed it -- is there a residential project 15 not in the floodplain, not on the fringe, but within 16 the floodway with which you have been involved? 17 A. Yes, I believe the Model Cities 1 project 18 in Reading at Bigiman Street was in both the 19 floodplain and the floodway. You have to recall that 20 projects built along the Schuylkill are subject to 21 varying conditions, mostly those created by the corps 22 of engineers. When we did that project and when we 23 did the Penske project in the city of Reading, they 24 were both in the floodway. But since that time, the 55 Boles - voir dire 1 '80's, the corps constructed the Maiden Creek 2 Project, the Blue Marsh Project and the Haig Creek 3 floodway improvements, substantially reducing the 4 floodway, especially in the City of Philadelphia. 5 When we began the projects for 6 Schuylkill River Park back in 1978, the FEMA plans 7 extended the 100-year floodplain all the way to 21st 8 Street at that time. If you look at the new corps of 9 engineers 1995 determination of floodway and 10 floodplain, you will see that it is entirely 11 contained throughout that area within our bulkheads 12 that we built. 13 Q. Now, I still didn't get an answer. Is 14 there -- 15 MR. KELLY: He gave you a pointed 16 answer, sir. 17 MR. SKLAROFF: He answered it. 18 BY MR. KRAKOWER: 19 Q. -- that there is a current project that's a 20 residential project. You mentioned the Penske 21 project. That's not a residential project? 22 A. No, it's not. 23 MR. SKLAROFF: He didn't say it was. 24 BY MR. KRAKOWER: 56 Boles - voir dire 1 Q. The Schuylkill River Park is not a 2 residential project. I'm trying to get a direct 3 answer. 4 MR. KELLY: Mr. Krakower, he gave -- 5 MR. SKLAROFF: He gave you a direct 6 answer. 7 MR. KELLY: Please, Mr. Sklaroff. 8 Listen, he gave you an answer. Do you have 9 any other questions? 10 MR. KRAKOWER: I understand then the 11 answer is no. I did not -- 12 MR. KELLY: It's not an answer is 13 no. He gave you a project in Reading. 14 MR. KRAKOWER: That is a residential 15 project in the floodway? 16 THE WITNESS: Yes, it is. It's a 17 residential project at the end of Bigiman 18 Street in the City of Reading, the Model 19 Cities I. 20 BY MR. KRAKOWER: 21 Q. What river is it in? 22 A. The Schuylkill. 23 Q. Are there any in or near Philadelphia, 24 within the city limits of Philadelphia? 57 Boles - voir dire 1 A. Well, the Locust on the Park project at 2 25th and Locust Streets was under the previous FEMA 3 mapping in the floodway. It is now only in the 4 floodplain. 5 Q. At the time it was constructed, was it in 6 the floodway? 7 A. No, it was not. 8 Q. That's what I wanted to know. I'll ask 9 this one more question. I promise I'll stop. Is 10 there a project to which you can refer which is 11 residential which is in the City of Philadelphia and 12 which was constructed in the floodway? 13 A. You mean a project that we did, our firm? 14 Q. With which you're personally familiar, that 15 you know of. 16 A. My office is in the 2400 building, which I 17 can assure you is in both the floodplain and the 18 floodway and had six feet of water in it on September 19 16th. 20 Q. Was it in the floodway when it was built? 21 That was my question. 22 A. I'm pretty sure that it was. It was built 23 back in the middle '70's. I'm pretty sure it was in 24 the floodway then, and it was in the floodway on the 58 Boles - voir dire 1 16th of September. We took about 6 to 6 and a half 2 feet of water in the building in the parking 3 structure which is below the building. It's a 33 4 story high-rise. 5 MR. SKLAROFF: Mr. Chairman, we're 6 now getting beyond credentials. I mean, 7 it's far afield. 8 MR. KELLY: This is why I didn't want 9 to go there with -- Mr. Krakower, are you 10 done with him now on his credentials? 11 MR. KRAKOWER: Okay. 12 MR. KELLY: Any questions, 13 Mr. Sklaroff. 14 MR. SKLAROFF: Yes, I do, not on 15 credentials. 16 MR. KELLY: We know that. 17 MR. SKLAROFF: Yes, we do have 18 questions. 19 DIRECT EXAMINATION (Continued) 20 BY MR. SKLAROFF: 21 Q. Would you, Mr. Boles, describe the work 22 that you did with regard to civil engineering of the 23 proposal? 24 A. For this project? 59 Boles - direct 1 Q. Yes. 2 A. We are in the process of establishing both 3 the footprint geometry, the utility services 4 necessary to service the project on Venice Island, 5 and we did an investigation of the traffic concerns 6 for the use of the garage facility. 7 Q. And this goes beyond the traffic and the 8 flood considerations, correct? 9 A. Yes, sir. 10 Q. In other words, you are generally doing the 11 civil engineering for the project; is that correct? 12 A. That's correct, including we are doing the 13 hydraulic study for the HEC-RAS which is necessary to 14 satisfy the Code of Federal Regulations, FEMA, the 15 state of Pennsylvania and the City of Philadelphia 16 Code. 17 Q. HEC-RAS, so we have it clearly in the 18 record, off the record would you spell that for the 19 reporter. 20 (Discussion off the record.) 21 BY MR. SKLAROFF: 22 Q. And when that is completed, will that be 23 submitted to Mr. Soffer at the Planning Commission? 24 A. That's correct. We had indicated on the 60 Boles - direct 1 zoning plans, Z-1, you see our requirement that we 2 will complete a hydraulic analysis of the river and 3 the impact that our construction will produce with 4 regard to the floodway, which is a federal 5 requirement and a state and a city requirement. You 6 cannot build unless you improve the floodway 7 condition. There is no question, we have to improve 8 the passage of the floodway flow for us to build 9 anything. 10 Q. And if we're not going to do that in this 11 project, are we going to ask for a variance on that 12 requirement? 13 A. No, we're not. 14 Q. So this is conditioned, this application is 15 conditioned upon the compliance of this project with 16 those federal standards, correct? 17 A. That's an absolute requirement. We don't 18 have any options. We must improve the floodway 19 conditions. That's a requirement. 20 Q. Let's talk about the traffic conditions. 21 You have done, as you said, a study several years ago 22 for Manayunk; is that correct? 23 A. That's correct. 24 MR. SKLAROFF: The next number I 61 Boles - direct 1 think is it A-4 or 5? I think it's A-4. 2 I'll just mark it A-4. 3 (Document marked for identification 4 as Exhibit No. A-4.) 5 BY MR. SKLAROFF: 6 Q. Now, I don't want to get into the specific 7 details of A-4, but would you just tell the Board 8 generally what A-4 represents? 9 A. A-4 represents a summary report of an 10 analysis of the entire Manayunk area from Domino Lane 11 south to the Ridge/Main intersection. We did traffic 12 counts and turning movement counts on all the 13 streets, all of the principal flow streets in 14 Manayunk and came up with a series of recommendations 15 for improving traffic flow and for improving 16 intersection capacity. 17 Q. Were you personally involved in the 18 preparation of this report? 19 A. I'm the coauthor of that report. 20 Q. And was the technical work done either by 21 you or under your supervision? 22 A. That's correct. 23 Q. And what was the conclusion of this 24 report? What was the -- let me ask you this: What 62 Boles - direct 1 was the purpose of this report? 2 A. The purpose of the report was to convey to 3 the Streets Department and to PIDC and the community 4 how traffic flow movements could be improved in 5 Manayunk. 6 Q. And this report says on it's face that it 7 was prepared for PIDC; is that correct? 8 A. That's correct. 9 Q. Was it also used by other agencies, city 10 agencies with respect to their activities? 11 A. The Streets Department and the Planning 12 Commission who participated in the study with us. 13 Q. Was it shared generally in the community? 14 A. Yes, certainly. 15 Q. To your knowledge? 16 A. Certainly. 17 Q. Did you also recently prepare a traffic 18 study of the effects of the proposed development on 19 the capacity of the streets in Manayunk? 20 A. Yes, we did. We looked at the exit paths 21 of this facility to Main Street and the distribution 22 to other streets in Manayunk. 23 MR. SKLAROFF: And I ask that a 24 document be marked Exhibit A-5, which is 63 Boles - direct 1 three sheets, and we have some extras for 2 the Board. 3 (Document marked for identification 4 as Exhibit No. A-5.) 5 BY MR. SKLAROFF: 6 Q. And, Mr. Boles, would you tell us what A-5 7 is. 8 A. A-5 is a computer analysis of the 9 intersection at the location of Cotton and Main 10 Street in the no build situation and a.m., p.m. peak 11 flows on a weekday and a determination of what impact 12 it would have there, and we looked at adjacent 13 intersections to see what the impact would be there. 14 The important thing is Cotton Street, which is at 15 Cotton and Main, which a signalized intersection, 16 presently has almost no traffic on it since Connelly 17 is the only occupier here and the recreation center, 18 which has very little traffic, and we superimposed on 19 existing traffic flows in the a.m. and p.m. peaks 20 what would be generated by this project. This 21 project which has 270 apartments and 575 parking 22 spaces would generate 1,850 trip ends a day on a 23 weekday. In the a.m. peak hour it would generate 150 24 trip ends in the a.m. and approximately 175 p.m. peak 64 Boles - direct 1 total. The change in the level of service as a 2 result of those peak hour flows is that in a no build 3 situation where we have -- if you look at the first 4 sheet here -- a composite level of service A at that 5 intersection, obviously it has a level of service A. 6 It has practically no intersecting traffic, if you 7 look at the numbers. 8 If you look at the a.m. peak and the 9 p.m. peak hour where we generate 150 vehicle exiting 10 movements in the morning, the level of service is 11 reduced to a level of service B, and the delay 12 periods for all those vehicles are listed there. 13 Level of service B is an adequate traffic flow 14 situation. C is accepted for most project 15 developments. In the p.m. peak hour on sheet 3, you 16 notice the level of service has been reduced from A 17 to B as a result of the trip ends that we are 18 generating. It's still an acceptable level of 19 activities. 20 And the opportunities at Cotton 21 Street permits you to move either onto Main Street or 22 to continue through to Cresson Street, which has a 23 lower flow, which gives you also those opportunities 24 if Main Street were even jammed, you could still 65 Boles - direct 1 leave the site on the green cycle and go through the 2 Cresson Street intersection. 3 Q. Now, there is a parking situation at Green 4 Lane and Main Street that is currently problematic; 5 isn't that correct? 6 A. That's correct. 7 Q. Is it fair to say that that problem will 8 not be substantially helped or harmed by this 9 development? 10 A. It will neither help nor harm in general, 11 and the opportunity here to not use Main Street but 12 to use Cresson or continue on Cotton gives you the 13 opportunity leaving this site to avoid the problem 14 that exists at Green Lane and Main Street, which is a 15 problem which we are trying to help PennDOT and Lower 16 Merion Township resolve, since it's created in Lower 17 Merion Township by the intersection of Green Lane, 18 which becomes Belmont Avenue as it crosses the river 19 and intersects with the Schuylkill Expressway. The 20 a.m. peak problem which begins at 10 after 7:00 each 21 morning is created by the fact that the ramps coming 22 down onto Belmont Avenue in Lower Merion create a 23 situation where the green time on -- the westbound 24 traffic on the bridge does not have adequate storage, 66 Boles - direct 1 and it cannot clear the intersection on the green 2 time that now exists. Everyone recognizes that, 3 PennDOT, Lower Merion. We've met with them. We 4 would like to add 10 seconds of green time to the 5 ramp -- to the intersections at the ramp so that the 6 storage on the bridge can move out on Belmont Avenue 7 and clear the intersection at Green Lane and Main 8 Street, which is what the problem is. 9 We put that traffic signal at that 10 location in 1981. It had a level of service B for 11 the traffic flows that go through that intersection. 12 The level of service for that intersection would 13 still be b if we could clear the traffic off the 14 bridge in Lower Merion and move the traffic on 15 Belmont Avenue. That's not able to be done at the 16 present time because the traffic controllers that 17 Lower Merion uses at the location are two cycle 18 controllers. They have an off peak and on peak 19 situation. I've been out there, Lower Merion 20 Township. We would like to add ten seconds of green 21 time going westbound across the bridge. That would 22 clear the storage. They won't do that because if 23 they change the a.m. peak controller, it 24 automatically changes the p.m. peak controller and 67 Boles - direct 1 would create even a worse problem that they would 2 have. 3 At this time PennDOT is working on a 4 program to put a multifaceted controller at that 5 intersection and the next in Lower Merion to 6 substantially reduce the traffic congestion in 7 Manayunk. This project does not add to that 8 congestion, and all the drivers have the opportunity 9 to avoid that location. 10 Q. One further question, Mr. Boles. Is it 11 fair to say that this project -- actually two 12 questions. Is it fair to say this project will not 13 substantially increase traffic congestion in the 14 streets? 15 A. No, it will not. 16 Q. One other question, originally this 17 project, is it not, was a development proposed hotel, 18 retail, commercial and residential? 19 A. That's correct. 20 Q. Now, by eliminating the hotel and retail, 21 commercial as a result of meetings in the community, 22 did that improve or not improve the traffic 23 situation? 24 MR. KRAKOWER: I want to object to 68 Boles - direct 1 the form of question, which implies that 2 these changes were made as a result of 3 meetings with the community, and I do not 4 believe that to be the case. If changes 5 were made, fine, but attributed to the 6 community -- 7 MR. SKLAROFF: Unless you know, 8 Mr. Boles. 9 MR. KRAKOWER: I'm not disputing what 10 changes are made. 11 MR. KELLY: Let him answer. 12 THE WITNESS: The problem is I met 13 with the community leaders on a number of 14 projects here, and I'm not sure whether the 15 reduction on this site was a result of 16 their comments. I know on the other sites, 17 I know that that's the case. The community 18 asked for a reduction in units, we lowered 19 the number of units. I don't recall 20 whether the community commented here, but 21 the development has been substantially 22 reduced, and the traffic congestion that 23 would have resulted from the commercial, 24 which is a peak hour situation, and the 69 Boles - direct 1 hotel have been eliminated. 2 MR. SKLAROFF: Thank you, Mr. Boles. 3 MR. KELLY: Mr. Boles, are you 4 familiar with Connelly Container when it 5 was at its peak and the number of 6 employees? 7 THE WITNESS: How many, I think they 8 had about 18 employees there, but the 9 important thing is they had anywhere 10 between 20 and 40 tractor-trailers of paper 11 bales going in and out during the day. And 12 I was in a restaurant in July in which a 13 trailer left the site on a Wednesday 14 afternoon, and when I came out of that 15 restaurant two hours later, that trailer 16 was -- the tractor and trailer were still 17 stuck in the intersection because they 18 could not make that turn because it was a 19 over 55 foot unit. 20 MR. KELLY: That's what they did, 21 they loaded bales of paper? 22 THE WITNESS: That's right. They 23 loaded chopped paper, large bales of 24 chopped paper. 70 Boles - direct 1 MR. KELLY: Thank you. 2 BY MR. SKLAROFF: 3 Q. So the way the configuration of Cotton 4 street makes difficult the use of the site for at 5 least those industrial uses that require 6 tractor-trailers? 7 A. Obviously both Cotton Street and Main 8 Street provide for two lanes of through traffic, one 9 lane directional. In addition Main Street, of 10 course, has parking on both sides, which makes 11 tractor trailer turns from Cotton Street almost 12 impossible. 13 MR. SKLAROFF: Thank you, Mr. Boles. 14 MR. KELLY: Any questions of this 15 witness? 16 MR. KRAKOWER: Oh, I sure do. May 17 I? 18 CROSS-EXAMINATION 19 BY MR. KRAKOWER: 20 Q. Mr. Boles, do I understand, first of all, 21 that your comment is that they were still moving 22 paper in July, this past July, five months ago, four 23 months ago? 24 A. Yeah, I think so. I think they closed 71 Boles - cross 1 about three months ago. 2 Q. About three months ago. Do you know for 3 how many years they functioned there? 4 A. Almost all of this century. I'm not sure 5 how -- it began early in the century. 6 Q. Now, you've indicated that commercial use 7 would have generated more traffic to the area. Is 8 that your opinion? 9 A. Commercial use on this site -- 10 Q. Yes. 11 A. -- would have generated more traffic to 12 this site. It was commercial use in addition to the 13 residential use and additional for the hotel 14 operation. 15 Q. Isn't there a study -- I don't know 16 whether it's yours or somebody else's -- that 17 indicates that the traffic problems in the area are 18 not due to people coming to the area as much as 19 people going through the area? 20 A. That's a substantial part of the problem. 21 One of the major problems in Manayunk is in the a.m. 22 peak hour when traffic comes down Umbria Street and 23 Leverington and turns on to Main, comes south on Main 24 and gets to the Green Lane Bridge, and there's no 72 Boles - cross 1 possibility of making the right turn there because 2 the bridge is filled with vehicles. That's the 3 principal problem in Manayunk. It creates all kinds 4 of reflections at other locations. 5 Q. Are you telling us that with that given 6 situation adding maybe 575 cars on to this island 7 right there at that location is not going to worsen 8 the situation, not going to worsen the congestion? 9 Is that what you're saying? 10 A. Well, listen to what I have to say. 11 Q. Maybe first you just tell me yes or no. 12 MR. SKLAROFF: Let him answer the 13 question. 14 MR. KRAKOWER: I think I'm entitled 15 to a yes or no first. 16 BY MR. KRAKOWER: 17 Q. Is that the basic -- 18 A. The answer to that is it all depends on 19 what paths the vehicles take in leaving the site. 20 You can obviously avoid that intersection completely 21 by simply going up Cotton Street to Cresson. 22 MR. SKLAROFF: The test, as you know 23 is, Mr. Krakower, not whether traffic 24 increases but whether congestion 73 Boles - cross 1 substantially increases. 2 BY MR. KRAKOWER: 3 Q. But in determining whether congestion 4 increases, we first look at whether traffic 5 increases, and I think the question is if you have 6 the same situation. I'm not talking about 7 infrastructure improvements. That would be wonderful 8 under any event, with or without this development, 9 would you agree with that? 10 A. Yes. 11 Q. So assuming the same infrastructure 12 improvements or the lack thereof, if you add 500 and 13 some automobiles to this island, and they have to get 14 off on the one or two vehicle bridges that connect 15 the island to the mainland, are you saying that if 16 all other factors remained the same, there will not 17 be an increase in both traffic and congestion? 18 A. Well, answering the first part of your 19 question, vehicles crossing the two -- actually, only 20 this bridge which leaves this area, we're talking 21 about Cotton Street, which has no other traffic on 22 it, except vehicles leaving or entering this site, 23 we're talking about 150 -- I'm sorry -- 126 exiting 24 trips here in the a.m. peak hour. There is no way 74 Boles - cross 1 that the new Cotton Street bridge would constrict a 2 flow of 126 cars in the a.m. peak period. That's not 3 the case. The control for this location is this 4 signalized intersection. 5 And in answering the second part of 6 the question, if the 126 vehicles leaving here turned 7 left and went to the Green Lane bridge, there would 8 be a very substantial increase in traffic congestion 9 in the peak hour, because the left turn on to the 10 bridge is one of the most difficult turns. It is 11 obvious that any driver coming to this location and 12 seeing a backup here has the option to go to Cresson 13 Street and use Cresson Street as an -- 14 Q. Is it equally obvious that any driver that 15 knows about that condition that's coming from 16 somewhere else, like down Leverington Road, would 17 just avoid Manayunk altogether? 18 A. Correct. 19 Q. I mean, if the drivers were all looking to 20 avoid congestion, they wouldn't go on Main Street 21 between Leverington and Green Lane at all, but have 22 you been there in the morning lately? 23 A. I've been there often. 24 MR. SKLAROFF: They're two questions 75 Boles - cross 1 at once. The rule is you only get one at a 2 time. 3 THE WITNESS: It depends. When the 4 SEPTA repairs are being done to the bridge 5 and the Green Lane westbound traffic was 6 reduced from two lanes to one, very quickly 7 people learned not to come that way, and 8 traffic dramatically decreased on Green 9 Lane going westbound. The problem is that 10 those people on coming down Leverington or 11 Umbria do not have the option to go 12 elsewhere. There's only one bridge across 13 the river at this location. It's the Green 14 Lane bridge. They don't have an option. 15 BY MR. KRAKOWER: 16 Q. If somebody lived in one of these 17 apartments and wanted to go onto the Schuylkill 18 Expressway west, let's say, to the Pennsylvania 19 Turnpike, wouldn't they go right here and make this 20 left turn and go across the roadway -- 21 A. They certainly wouldn't. They'd go south 22 and go onto City Line Avenue and enter at that 23 location, where there isn't congestion at that ramp 24 location. The problem is the ramp location in Lower 76 Boles - cross 1 Merion. 2 Q. Well, or if they wanted to go to City Line 3 Avenue, west of City Line Avenue, you mean they 4 wouldn't go down that way? Are you saying -- let me 5 strike that last -- are you saying, sir, that you can 6 control how people freely are going to drive to 7 improve traffic; that that's your solution to improve 8 traffic? 9 A. I can't, but the driver can. 10 Q. The driver can? 11 A. Absolutely. 12 Q. So you're assuming the good sense of 13 drivers will avoid the congestion? 14 A. Absolutely. We know that that is the case, 15 and I can cite a number of locations in Philadelphia 16 where we've made changes like that and people have 17 avoided that location. 18 Q. By the way, where is the basis for the 126 19 trip count? Did you make an actual count for that, 20 or did you do a computer model? I mean, there's no 21 construction on that. I don't know where you got 22 that number. 23 A. That number is from the Institute of 24 Traffic Engineers Trip Generation Tables for 77 Boles - cross 1 apartments, which I can provide for you, if you want. 2 Q. But it's not from any actual counts? 3 A. It's from hundreds of counts. The trip 4 generation tables are from hundreds of counts done by 5 the Institute of -- I'll tell you how many hundreds. 6 Q. I'm not asking you that question. I'm 7 asking you if there was a count of vehicles done in 8 Manayunk to determine how many vehicles are making 9 given trips? 10 A. Making given trips from the Connelly plant, 11 the answer to that is yes. They're shown on the no 12 build solution to the highway capacity manual 13 intersection capacity. 14 Q. Were there trip counts made along Main 15 Street? 16 A. Absolutely. They're in the traffic 17 report. We took counts on all the main flow streets 18 in Manayunk. They're all shown in the traffic 19 report. 20 Q. Now, did you also -- who did the count, by 21 the way? I don't mean the persons, what 22 organization? Did your company do the counts? 23 A. We subbed the turning movement counts to a 24 minority firm, Hunt Engineering Company, who we use 78 Boles - cross 1 all the time for traffic counts, and the tube counts 2 on all the major streets was subbed to Tristate 3 Engineering, which is a traffic counting firm. 4 Q. This A-5 study, who paid for that, the 5 summary report and the HCM summary results, who paid 6 for that? 7 A. PIDC. 8 MR. SKLAROFF: The A-4. 9 THE WITNESS: The traffic report was 10 paid for by PIDC. 11 BY MR. KRAKOWER: 12 Q. Who paid for the HCM summary? 13 A. Who has paid, or who will pay? 14 Q. Well, give me both, if you can answer. 15 A. The developers of the three sites on Venice 16 Island are participants in our studies. 17 Q. Now, getting to the hydrology studies and 18 the floodway condition studies, I believe you made 19 the statement that you have to show that you're 20 improving the floodway condition in order to get 21 approval to build this project? 22 A. That's the federal regulation. It's called 23 the no rise regulation. 24 Q. To whom do you make that showing, and when 79 Boles - cross 1 and where? 2 A. We make that presentation to Mr. Soffer of 3 the City Planning Commission who refers it -- who is 4 going to refer it, according to a memo I have from 5 him, to FEMA and the corps of engineers. 6 Q. It doesn't get shown here to this Zoning 7 Board? 8 A. It's not in the program at the present 9 time. If they want to see it, they certainly are 10 entitled to see it. 11 Q. My question is are you aware of a 12 regulation in Section 14-1802(3) that provides that 13 you must get approval and show this Zoning Board that 14 there is no increase in the floodway? 15 MR. SKLAROFF: Well, object. If you 16 want to argue that, fine. This is not a 17 witness to argue points of law with. You 18 can argue that with me. You can present it 19 to the Board. You have your choice. 20 MR. KRAKOWER: Well, I want to ask 21 this witness. 22 MR. KELLY: When you get the study, 23 sir, submit it to the Board. 24 THE WITNESS: Sure. 80 Boles - cross 1 MR. KELLY: That issue is closed. 2 BY MR. KRAKOWER: 3 Q. Last question, who is doing the hydraulic 4 study? I think you referred to them as HEC-RAS 5 studies. 6 A. That's right. 7 Q. Who is doing those? 8 A. Professor J. Richard Weggel at Drexel 9 University is doing it. We've selected him. He's a 10 former student of mine. I spent 11 years teaching at 11 Drexel. He is a head of hydraulics and hydrology 12 unit at Drexel. We selected him because, one, he's 13 independent of us, and, more importantly, he has 14 conducted HEC-RAS studies on the Schuylkill at this 15 location for the Water Department, for their use of 16 the Manayunk Canal, for the supply systems of the 17 Green Lane reservoir, and he also did the HEC-RAS 18 study for the Cotton Street bridge at this location. 19 Because of that, he has been given by Montgomery 20 County their HEC-RAS information, and the corps of 21 engineers has provided him in the past week with 22 their entire HEC-RAS of the entire Schuylkill River 23 end to end. He has all the geometry, all the cross 24 sections, and he is producing that study based on 81 Boles - cross 1 their information, not information that we developed. 2 Q. To the best of your knowledge, when is that 3 study expected to be completed? 4 A. He thinks January 15th. 5 MR. KRAKOWER: Thank you. 6 MR. JAFFE: May I, Board. I'll be 7 very brief. 8 BY MR. JAFFE: 9 Q. In trying to help answer Board Member 10 Auspitz' question of the concerns of the community 11 and concerns of Councilman Cohen, if I may say, the 12 concerns are, among others, with the cars, that cars 13 are going to be stuck partially on the island, 14 partially in the river causing pollution of gasoline, 15 oil and other problems. 16 A. Why would that happen? We're required to 17 provide an emergency management plan. We certainly 18 have had in every one of the floodings that have 19 occurred in the past 30 years on the Schuylkill, two, 20 three, four days advance notice of what the rise was 21 going to be and the water profile. Any kind of 22 management organization that's running a residential 23 unit should provide a storage of keys so that those 24 cars can easily be removed. We have no intention of 82 Boles - cross 1 washing the cars down the river. 2 Q. So you can then tell us how long it will 3 take for 575 cars to exit from this complex? 4 A. About 45 minutes. 5 Q. And how long will it take to go off the 6 island? In other words, it will take 45 minutes to 7 get out of the garage altogether, and then how long 8 will it take to get off the island? 9 A. It's 300 feet. A couple of minutes. 10 MR. KELLY: Six seconds. 11 THE WITNESS: It's 300 feet. 12 BY MR. JAFFE: 13 Q. And the evacuation plan of 45 minutes is 14 not counting people getting their car, getting to 15 their car, notifying people, getting the staff to 16 move -- 17 A. It does not include that time. I'm talking 18 about -- 19 Q. Who's going to be moving 575 cars, given 20 what you say is true? There's going to be staff 21 hired for an evacuation emergency? 22 MR. KELLY: Mr. Jaffe, do you think 23 that 575 people are going to leave their 24 cars there and just leave? I'm sure that 83 Boles - cross 1 the drivers are going to take their cars 2 out. People that don't have -- that are 3 not there, they will have the keys, and 4 they'll have staff to take them out; is 5 that correct? 6 THE WITNESS: That's exactly correct. 7 MR. JAFFE: Chairman, the concern of 8 the councilman, the community that there's 9 below level parking and that this is going 10 to get flooded that as pictures -- the 11 newspaper picture that we saw earlier, 12 there's going to be vehicles stranded. 13 MR. KELLY: That newspaper picture 14 that you saw, what was that of, sir? What 15 was the hurricane? 16 MR. KRAKOWER: This is -- 17 MR. KELLY: It's a simple question. 18 What was the hurricane? 19 THE WITNESS: Floyd. 20 MR. KELLY: The name? You. 21 MR. JAFFE: We've heard the name 22 Floyd. I'll repeat what I heard. 23 MR. KELLY: So it's Hurricane Floyd. 24 How far in advance did you know that the 84 Boles - cross 1 hurricane was coming, two to three days, 2 four days? 3 MR. JAFFE: But -- 4 MR. KELLY: No, I'm asking you a 5 question. 6 MR. JAFFE: I don't mean to argue 7 with you, sir, but -- 8 MR. KELLY: It's not an argument. 9 How far in advance were we notified? 10 MR. JAFFE: People don't like leaving 11 their property. People don't like 12 abandoning to the last minute. 13 BY MR. JAFFE: 14 Q. Sir, can you tell me in the 1900's how many 15 times there's been water elevation of approximately 16 14 feet or more? 17 A. 14 feet above. 18 Q. Gauge height. 19 MR. KELLY: At this site? 20 THE WITNESS: Well, on the river 21 itself. 22 MR. JAFFE: On the river, if you want 23 to be measuring -- 24 THE WITNESS: It's about six or eight 85 Boles - cross 1 times. 2 MR. JAFFE: Eight times. 3 MR. SKLAROFF: He said six or eight 4 times. 5 BY MR. JAFFE: 6 Q. I'm aware of eight times, so that's eight 7 times. Would you agree, then, that there's eight 8 times in this century if that would be repeated into 9 the future that people will have a crises of moving 10 their vehicles and exiting this in an emergency 11 evacuation style? 12 A. Do I expect that there would be an 13 elevation of water that would inundate the garage 14 sometime in next century; is that what you're asking 15 me? 16 Q. 14 feet would -- do you -- would the 14 17 feet that it has risen the eight times in the 1900's 18 have flooded the basements, 14 feet above gauge sea 19 level? 20 A. The basements of what? 21 Q. Of the garage of the facility? 22 A. Yes, sure, certainly. 23 Q. It would have certainly flooded. So just 24 what we know that if this had existed through the 86 Boles - cross 1 past century, the past 100 years, that we would -- we 2 know for certain that at least eight times it would 3 have been totally flooded? 4 A. No, I don't think all of these were 14 foot 5 floods. I recall from the diagrams that they were 6 varying elevations. I think only one of those, the 7 26, was at that level. All the others were below 8 that, including Floyd on September 16th. 9 MR. JAFFE: I only have this one 10 copy. I'll show it to Michael. This is 11 the ranking from -- it doesn't have 1999 12 yet -- from 13.36 through -- 13 MR. SKLAROFF: This is not at Venice 14 Island. 15 MR. JAFFE: This is where the 16 measuring is, which is at the Fairmount 17 Measuring. 18 MR. SKLAROFF: Let's show him the 19 document. 20 BY MR. JAFFE: 21 Q. Would you agree with that? And the 22 points -- 23 A. Agree with what? 24 MR. SKLAROFF: Wait. Agree with 87 Boles - cross 1 what? 2 MR. JAFFE: Please. I'm just trying 3 to go quickly for the convenience of those 4 after us. 5 MR. SKLAROFF: Is the question does 6 he agree whether that information is 7 accurate? 8 BY MR. JAFFE: 9 Q. Is it accurate, one? 10 A. Sure, but it's not meaningful because the 11 river has substantially changed since some of these 12 floods occurred. The Maiden Creek Dam wasn't there. 13 The Blue Marsh Dam wasn't there. The Haig Creek 14 flood improvements weren't up stream. These are 15 historical and anecdotal. They're not applicable 16 today. They're certainly not analysis of the river 17 conditions now which we are doing based on the corps 18 of engineers study of the river as it is now. These 19 are different conditions. 20 Q. So this is just historical data of the 21 eight times that it would have flooded the basement? 22 A. That's correct. 23 MR. JAFFE: That's my point. Thank 24 you. 88 Boles - cross 1 MR. SKLAROFF: Anything further? 2 MR. JAFFE: No. 3 MR. SKLAROFF: That's all we have, 4 Mr. Chairman, Members of the Board. We 5 would move our Exhibits A-1 through A-5 and 6 rest our case. 7 MR. KELLY: How many witnesses, 8 Mr. Krakower? 9 MR. KRAKOWER: Eight or nine. Before 10 we begin, however, I would ask for the 11 Board, without our even putting on a case, 12 to vote on the grounds that there must be a 13 no vote to any variance being sought here 14 on the basis of Philadelphia Zoning Code 15 Section 14-1802(3)a that says that when 16 property is situated within areas subject 17 to flooding as provided in 14-1606, which 18 is this area, within a floodway, no 19 variances may be issued, repeat no 20 variances may be issued which would result 21 in any increase in flood levels during a 22 regulatory flood. Clearly, it is the 23 burden of the applicant to show that there 24 would be no increase in flood levels during 89 Boles - cross 1 a regulatory flood. There has been no such 2 showing. We have had both Mr. Thrower and 3 Mr. Boles say they don't think so. They 4 expect to have plans to show that there 5 won't be, but, Mr. Chairman, Members of the 6 Board, the law requires this Board to deny 7 any variance unless it is shown that there 8 will be no increase in the flood level, and 9 they haven't shown that, and they must show 10 that first as a legal requirement. 11 MR. SKLAROFF: Let me say this, if 12 the language of the Code was as you had 13 stated, you still wouldn't have a strong 14 argument. The point of this is no 15 variances may be issued which would result 16 in any increase in flood levels during the 17 regulatory floods. That's the 18 requirement. We have noted it on our 19 plan. We have proposed it as a proviso. 20 It is subject to federal regulation through 21 Mr. Soffer, who is delegated for that 22 purpose under the Federal Emergency 23 Management Act. This Board can comfortably 24 feel if it wishes to grant the variances 90 Boles - cross 1 that this project will not result in any 2 increase in flood levels during the 3 regulatory flood for the same reasons that 4 Mr. Boles has so eloquently stated. 5 MR. KELLY: Motion denied. We're 6 going to continue this case. How much time 7 do you need to put on your case? 8 MR. KRAKOWER: Roughly two to three 9 hours. 10 MR. KELLY: We'll give you a new date 11 as quickly as possible. Thank you. 12 MR. SKLAROFF: Thank you, 13 Mr. Chairman. 14 MR. KRAKOWER: Just so the record is 15 clear, Mr. Chairman, I submit that the 16 Board may not abandon its duty to 17 Mr. Soffer or anybody else. 18 MR. KELLY: We're well aware of our 19 duty, sir. 20 MR. JAFFE: I want to put in the 21 record Protestant's 1A, which is the chart 22 that Mr. Boles was referring to in his 23 discussion of historical data. 24 MR. SKLAROFF: We have no objection. 91 Boles - cross 1 (Document marked for identification 2 as Protestant's Exhibit No. 1A.) 3 - - - 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 92 Boles - cross 1 C E R T I F I C A T I O N 2 3 I, Tara L. Wachowski, hereby certify 4 that the foregoing is a true and correct 5 transcript of the proceedings held in this 6 matter, as transcribed from the 7 stenographic notes taken by me on 8 Wednesday, December 22, 1999. 9 10 11 -------------------------------- 12 ÿ Tara L. Wachowski, Registered Professional Reporter 13 and Commissioner of Deeds 14 15 (This certification does not apply to any reproduction of this transcript, 16 unless under the direct supervision of the certifying reporter.) 17 - - - 18 19 20 21 22 23 24