ZBA Testimony, Maloomian Re-Hearing, September 20, 2000

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       1                     CITY OF PHILADELPHIA
                          ZONING BOARD OF ADJUSTMENT
                                    - - -
       4     IN RE:                   :  Calendar
                                      :  No. 99-1388
       5                              :
       6     4320-4368 Main Street    :
       8                            - - -
       9                Wednesday, September 20, 2000
                          Philadelphia, Pennsylvania
                                    - - -
      14                     Hearing of the ZONING BOARD OF
      15     ADJUSTMENT, held at 1515 Arch Street, 18th Floor,
      16     on the above date, beginning at approximately
      17     1:00 p.m., before Michelle K. Fisher, a Court
      18     Reporter and Notary Public of the Commonwealth of
      19     Pennsylvania, there being present.
      21                            - - -
      22              DelCASALE, CASEY, MARTIN & MANCHELLO
      23                        TEN PENN CENTER
                         SUITE 636 - 1801 MARKET STREET
      24               PHILADELPHIA, PENNSYLVANIA  19103
                                 (215) 568-2211
       1     APPEARANCES:
             PANEL MEMBERS:  Thomas J. Kelly, Chair
       3                     David L. Auspitz
                             Rosalie M. Leonard
       4                     Thomas D. Logan
                     BY:  MICHAEL SKLAROFF, ESQUIRE
       7                  ALFRED R. FUSCALDO, ESQUIRE
                     1735 Market Street
       8             51st Floor
                     Philadelphia, Pennsylvania  19103
                                 Counsel for Applicant
      11             SUGARMAN & ASSOCIATES, P.C.
                     BY:  ROBERT J. SUGARMAN, ESQUIRE
      12             Robert Morris Building
                     100 North 17th Street
      13             11th Floor
                     Philadelphia, Pennsylvania  19103
                                 Counsel for Appellants
                     ALSO PRESENT:
                               Robert Jaffe
                     DelCasale, Casey, Martin & Manchello
                                (215) 568-2211
                               INDEX TO TESTIMONY
             Elmore J. Boles
       8                            - - -
       9                       INDEX OF EXHIBITS
      10     ^WITNESS DEPOSITION EXHIBITS                 MARKED
      18                            - - -
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       1                     CHAIRMAN KELLY:  Today is September
       2             20th.  The Zoning Board of Adjustment will
       3             now come to order.
       4                     All those that will give testimony
       5             kindly raise your right hand.
       6                     ...ALL THOSE PLANNING TO TESTIFY,
       7             having been duly sworn as witnesses, were
       8             examined and testified as follows...
       9                     CHAIRMAN KELLY:  We are here on
      10             4320-68 Main Street, Calendar 99-1388.
      11             It's a request from the Applicant to hear
      12             the argument on the increase in the number
      13             of units.  That is the only thing that we
      14             will deal with here today.
      15                     MR. SKLAROFF:  Thank you,
      16             Mr. Chairman.  I did make a motion and the
      17             Board refused to hear the matter since an
      18             appeal has been taken.  I don't know if the
      19             Board has agreed to hear the application.
      20                     CHAIRMAN KELLY:  You can take that
      21             up with the court, sir.  We are going to
      22             hear the case.
      23                     MR. SKLAROFF:  First of all, I want
      24             to thank the Chairman, Members of the
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       1             board, for granting this reconsideration in
       2             this matter.  The Board has been very
       3             patient.  We have a very full record.  And
       4             I will be very brief.  Where we are now is
       5             --
       6                     CHAIRMAN KELLY:  Please be quiet in
       7             here.
       8                     MR. SKLAROFF:  I just want to
       9             review where we are at this point.
      10                     When Cotton Street Landing made its
      11             application, it was for 270 residential
      12             units.  The property was zoned G2
      13             industrial.  The Venice Island rezoning
      14             ordinances were not in effect.  The density
      15             proposed in terms of volume was well within
      16             the five FAR that is permitted in the G2
      17             district.  The G2 district prohibited
      18             residential use.  The application sought
      19             relief as to use.
      20                     And the record confirms the
      21             reasonableness of the density of 270
      22             residential units, which was testified to
      23             by Mr. Thrower, Jack Thrower from Bower,
      24             Lewis and Thrower, is a moderate density.
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       1                     The testimony of Elmore Boles, who
       2             is here with us today in the hearing room,
       3             Jack Thrower confirmed the appropriateness
       4             of the density.  And the traffic studies
       5             touched on by Mr. Boles in his testimony
       6             confirm that there will be no increase in
       7             traffic congestion as a result of the
       8             approval of this application for the full
       9             270 units.
      10                     There was no credible testimony to
      11             the contrary.  The opponents acknowledged
      12             that they had a Pennoni traffic study which
      13             showed that the Cotton Street, Main Street
      14             intersection would go from a Level A to a
      15             Level B.  If you recall, Mr. Krakower, the
      16             predecessor, Mr. Sugarman, promised to put
      17             that study, the Pennoni study into
      18             evidence, failed to do so.
      19                     And the Board can make an inference
      20             that that study would have confirmed what
      21             Mr. Boles confirmed, and that is, the level
      22             of service would go from A to B, in effect,
      23             from what is a rural situation to a
      24             suburban situation.  And everyone agrees
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       1             that Level B is very satisfactory.
       2                     Under all the circumstances, we
       3             submit that 270 units is an appropriate
       4             density.
       5                     What I would like to do is call Mr.
       6             Boles briefly back to the stand.
       7                     Mr. Boles.
       8                     CHAIRMAN KELLY:  Your name and
       9             address for the record, sir.
      10                     THE WITNESS:  My name is Elmore J.
      11             Boles.  I'm at 2400 Chestnut Street.
      12                     MR. SUGARMAN:  I would like to
      13             object to this testimony.  The Applicant
      14             had the opportunity to present all the
      15             testimony it wished to present.  And the
      16             Board hearing has no reason to be given
      17             additional testimony.
      18                     CHAIRMAN KELLY:  Objection so
      19             noted.  Please continue.
      20     BY MR. SKLAROFF:
      21     Q.      Mr. Boles, do you recall your testimony at
      22     the previous hearing?
      23     A.      Yes, I do.
      24     Q.      At that time, we submitted some documents
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       1     called HCM Summary Results.
       2     A.      Right.
       3     Q.      Do you remember that?  That was Exhibit
       4     A-5.
       5     A.      Right.
       6     Q.      I would like to mark for identification a
       7     document which we will mark as A-14, which is dated
       8     9/19/ 2000.  I would ask you to identify that.
       9                     MR. SKLAROFF:  Let me ask that the
      10             court reporter mark it A-14.  I have copies
      11             for the Board and for counsel.
      12     BY MR. SKLAROFF:
      13     Q.      And just to move this along, is it fair to
      14     say that this was the document, dated differently
      15     because it was pulled up, I assume, from the
      16     computer yesterday; is that correct?
      17     A.      That's correct.
      18     Q.      And this is the document that you were
      19     referring to as A-5?
      20     A.      That's correct.
      21                     MR. SKLAROFF:  And there may be
      22             some questions Mr. Chairman, Members of the
      23             Board, as to whether all the pages of this
      24             document were put into evidence.
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       1     BY MR. SKLAROFF:
       2     Q.      But when you were testifying as to A-5, is
       3     this the document that you had in mind?
       4     A.      Yes, it is.
       5     Q.      What does this document show us?
       6     A.      This document is a highway capacity manual
       7     analysis of the intersection of Cotton Street and
       8     Main Street in the a.m. peak hour, the p.m. peak
       9     hour, preconstruction, post construction and a
      10     comparison of the two.
      11     Q.      Now, have you learned anything since your
      12     testimony which would change your opinion that you
      13     gave at the hearing in which you testified on
      14     December 22nd I believe it was?
      15     A.      Absolutely not.
      16     Q.      Is it fair to say that 270 units will not
      17     have an adverse effect on the traffic conditions
      18     and will not cause an increase in traffic
      19     congestion?
      20     A.      That's correct.
      21     Q.      Now, I think everyone knows, do they not,
      22     that there are two major traffic problems in
      23     Manayunk, one is the Green Lane situation, which
      24     you testified to before?
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       1     A.      Right.
       2     Q.      And that is a problem which involves two
       3     different municipalities, the City of Philadelphia,
       4     the County of Montgomery, I guess also the township
       5     of Lower Merion, correct?
       6     A.      Correct.
       7     Q.      And you testified that nothing from this
       8     development of 270 units would adversely impact
       9     that situation; is that correct?
      10     A.      That's correct.
      11     Q.      It wouldn't help the situation, but it
      12     wouldn't hurt it?
      13     A.      That's correct.
      14     Q.      Now, there is another situation which most
      15     people know about and that is the congestion that
      16     results from valet parking for the restaurants in
      17     Manayunk, correct?
      18     A.      That's correct.
      19     Q.      And that is a situation because valet
      20     parking, in effect, causes congestion, correct?
      21     A.      Well --
      22     Q.      Contributes to it?
      23     A.      It contributes to it and it blocks a number
      24     of the available parking spaces.
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       1     Q.      Now, given the fact that this development
       2     will have a minimum of 183 parking units that will
       3     not necessarily be needed for the residential
       4     development, what effect, if any, will the presence
       5     of those units have on the second condition that is
       6     troubling Manayunk?
       7     A.      It will add to the parking capacity and
       8     relieve the congestion caused by the lack of
       9     parking.
      10                     MR. SKLAROFF:  No further
      11             questions.
      12                     CHAIRMAN KELLY:  Any questions of
      13             this witness, sir?
      14                     MR. SUGARMAN:  Yes, sir.
      15     BY MR. SUGARMAN:
      16     Q.      Mr. Boles, looking at your Exhibit A-13 I
      17     believe it is --
      18                     MR. SKLAROFF:  A-14.
      19     BY MR. SUGARMAN:
      20     Q.      A-14.  Can you tell me where on Exhibit
      21     A-14 you're displaying the trip generation from the
      22     project and distribution of that trip generation?
      23     A.      The first four sheets demonstrate the
      24     existing conditions and has been marked pre.
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       1     Q.      I understand that.  Let me re-ask my
       2     question because I don't want you to give me a lot
       3     of information I didn't ask for.
       4     A.      Okay.
       5     Q.      I'm asking you to show me where you display
       6     the trip generation from the project and distribute
       7     it from the project.
       8     A.      Right.  If you look at a.m. peak pre and
       9     then you turn to the a.m. peak post --
      10     Q.      Right.
      11     A.      -- you notice that in the counts that were
      12     taken, the highest counts recorded at eastbound
      13     from Cotton Street, you see in the a.m. it's 21, 3
      14     and 11 representing left through and right turn.
      15     Q.      I cannot find that.
      16     A.      It's on the first sheet, looking at the
      17     first sheet.
      18     Q.      Back on the first sheet.
      19     A.      Go back.
      20     Q.      You have 1, 3 and 11, pre-project?
      21     A.      That is pre-construction.
      22     Q.      Right.
      23     A.      On the a.m. peak post, you notice the
      24     discharge from Cotton Street going eastbound is 71,
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       1     30, 71.  That's the distribution of the existing
       2     vehicles, plus those vehicles added as a result of
       3     this development.
       4     Q.      All right.  Now, then, you're saying the
       5     difference between the two is the new trip
       6     generation?
       7     A.      That's correct.
       8     Q.      How many trips did you take that this
       9     development would develop within the a.m. peak?
      10     How many total trips?
      11                     MR. SKLAROFF:  Objection.  Would
      12             you rephrase the question.  We have two
      13             questions that are pending.
      14     BY MR. SUGARMAN:
      15     Q.      How many trips did you predict this
      16     development would generate in the a.m. peak?
      17     A.      I predicted the same amount as the three
      18     traffic consultants all predicted, about 160
      19     vehicles in the a.m. peak.
      20     Q.      And that is from 270 units?
      21     A.      That's correct.
      22     Q.      On what basis did you assume that there
      23     would not be a trip made from each unit in the a.m.
      24     peak?
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       1     A.      Because what I did was I took the institute
       2     of traffic engineer traffic generation table for
       3     all of the mid-rise apartment complexes that they
       4     studied and used the highest trip generation from
       5     that category.  They have tables provided for each
       6     type of development.
       7     Q.      All right.  I'm not worried about that.
       8     A.      And I took the highest generation which
       9     Pennoni came up with, Heinrich.  We all came up
      10     with 160 vehicles.
      11     Q.      Hymrick didn't do an analysis, right?
      12     A.      Well, they sort of did an analysis.
      13     Q.      And Pennoni assumed your trip generation
      14     rate, they didn't do an independent trip generation
      15     rate?
      16     A.      I don't know that.  I didn't see the
      17     Pennoni report.  I just saw the trips generated.
      18     Q.      Now, you saw their estimate of trips
      19     generated?
      20     A.      No.  I did not see their report at all.  I
      21     have not seen the Pennoni report.
      22     Q.      So you don't know what Pennoni added if
      23     anything, but you added the highest rate for
      24     mid-rise apartments; is that right?
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       1                     MR. SKLAROFF:  Excuse me.  There
       2             are two questions pending.
       3                     MR. SUGARMAN:  I'm trying to move
       4             this along.  I know the Board has a lot to
       5             do.
       6                     MR. SKLAROFF:  Of course.  Just one
       7             question at a time.
       8                     MR. SUGARMAN:  Right.
       9                     THE WITNESS:  Yes.  I used the trip
      10             generation in the a.m. and p.m. peak hours
      11             for maximum mid-rise development for the
      12             260 units.
      13     BY MR. SUGARMAN:
      14     Q.      How did you split that according to whether
      15     it was going eastbound or westbound on Main Street
      16     or northbound on Cotton Street?
      17     A.      Northbound or southbound on Main Street.
      18     Q.      All right.  All right.
      19     A.      How did I split it?
      20     Q.      Yes.
      21     A.      You can see it in the distribution in the
      22     a.m. peak.
      23     Q.      What was your basis for splitting it?  What
      24     led you to assign the amount of trips that you did
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       1     northbound versus southbound?
       2     A.      We looked at the choices available for
       3     destinations; southbound to the Gustine Lake
       4     Interchange, northbound to the Belmont interchange
       5     and straight ahead to Cresson Street for
       6     distributions to the east.
       7     Q.      All right.  How much did you assign would
       8     go to the Belmont and how much did you assign would
       9     go to the Gustine Lake in the a.m. peak?
      10     A.      I assumed 71 would go north, 71 would go
      11     south and 30 would go through to
      12     Cresson Street.
      13     Q.      On what basis did you decide that the same
      14     number would go north as would go south?
      15     A.      Since they're both interstate destinations,
      16     I could see no reason for differentiating between
      17     north and south.
      18     Q.      Is there any prevalence of existing
      19     traffic, north versus south in the a.m. peak?
      20     A.      There is about 54 more cars, not even that
      21     much.  There is a slight difference between the
      22     north and southbound splits.
      23     Q.      Approximately 60/40?
      24     A.      I think it's more like 50/50.  60/40?
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       1     Yeah, it's about 50/50 I think.
       2     Q.      So what you have going north, instead of
       3     the preexisting traffic up to Belmont, you show 370
       4     going north, right?
       5     A.      That's correct.
       6     Q.      You said 71 are going north, but you only
       7     increase --
       8     A.      71 from Cotton Street are going north.
       9     Q.      Yes.  But your difference is only from 354
      10     to 370.  It's only a difference of 16 as compared
      11     to what you said of 71.  I'm looking at Page 1, the
      12     distribution.
      13     A.      Pre or post?
      14     Q.      The pre.  The distribution north, if I
      15     understand this, is 354?
      16     A.      That's correct.
      17     Q.      Then I'm looking two pages over, the
      18     distribution post is 370 for the same movement?
      19     A.      That's correct.
      20     Q.      That is only a difference of 16.
      21     A.      Well, the vehicles generated by our
      22     development are not in the flow northbound on
      23     Main Street.
      24     Q.      Why not?
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       1     A.      Because they have to come out of
       2     Cotton Street.  That is the only way out of the
       3     project.
       4     Q.      When they come out of Cotton Street, where
       5     are they?  On Table 3, Page 3, where are those
       6     vehicles going north?
       7     A.      Going north?
       8     Q.      Yes.
       9     A.      They're the additional 71 vehicles coming
      10     out of Cotton Street and turning north from the
      11     project site.
      12     Q.      I see.  I misunderstood and I got it now.
      13     Now, it's your testimony that adding those
      14     vehicles, that would be 50 more than are there now,
      15     right?  Now you have 21 coming out of Cotton and
      16     turning left and you're going to have 71 coming out
      17     of Cotton and turning left?
      18     A.      That's correct.
      19     Q.      And it's your testimony that that will not
      20     affect the problem that now exists at the bridge?
      21     A.      This is not an analysis for the bridge,
      22     this is an analysis of Cotton and Main Street.
      23     Q.      All right.  Then you're not testifying that
      24     this will not have an adverse effect at the bridge?
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       1     A.      The additional 50-some vehicles?
       2     Q.      Right.
       3     A.      Depends on what the people do north of this
       4     intersection.
       5     Q.      And you didn't analyze that?
       6     A.      No.  I didn't think it was necessary.
       7     Q.      Okay.  In terms of traffic going south
       8     towards Gustine Lake, did you analyze what the
       9     effect of adding this traffic will be on the
      10     congestion that now exists in the Gustine Lake
      11     area?
      12                     MR. SKLAROFF:  Objection.  There is
      13             nothing in the record that there is any
      14             congestion there one way or another.
      15                     MR. SUGARMAN:  I will rephrase the
      16             question.
      17     BY MR. SUGARMAN:
      18     Q.      Did you analyze whether this development
      19     will adversely affect the existing traffic
      20     conditions at Gustine Lake, that is the City Avenue
      21     interchange, the Kelly Drive ramp?
      22     A.      Indirectly.  We are under contract to the
      23     city to analyze both the intersection of Ridge and
      24     Main and the Gustine Lake interchange.  Going
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       1     southbound in the a.m. peak, other than the
       2     construction, which is now ongoing, there is not a
       3     problem at the Gustine Lake interchange going
       4     south.
       5     Q.      All right.  Now let's turn to the p.m.
       6     coming off of the City Avenue bridge onto Main
       7     Street.
       8     A.      Right.
       9     Q.      In the p.m. peak, do you acknowledge there
      10     is now a congestion problem there?
      11     A.      Yes, there is.
      12     Q.      And the return traffic to this development,
      13     did you analyze what effect it will have on that
      14     congestion?
      15     A.      No, I did not because we are in the process
      16     of revising the Main and Ridge intersection to do a
      17     new configuration and would not be impacted by
      18     Cotton and Main Street.
      19     Q.      Would any amount of traffic that was using
      20     that interchange impact that interchange?
      21     A.      Would any amount?
      22     Q.      If any traffic is added by way of
      23     development on Venice Island and that traffic uses
      24     Gustine Lake to get there, in the p.m. peak,
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       1     wouldn't that have an effect?
       2     A.      It would have an effect.
       3     Q.      Yes.
       4     A.      But it would not necessarily have a
       5     deteriorating effect.
       6     Q.      Well, would it have a beneficial effect?
       7     A.      It can, depending upon -- the city is
       8     trying to realign Ridge Avenue so that there are
       9     two moving lanes southbound and one northbound
      10     continually and two southbound on Main and one
      11     northbound on Main so that the level of service
      12     which is about a "D" there would be raised up to
      13     about a Level B.
      14     Q.      But you're not testifying and you're not
      15     asking this Board to believe that adding traffic
      16     will help that?
      17     A.      I'm saying that the amount of traffic added
      18     to the Gustine Lake interchange, which amounts to
      19     thousands and thousands of vehicles a day, will not
      20     be affected by the 50 vehicles we are talking about
      21     going up Main Street.
      22     Q.      It won't be affected at all?
      23     A.      I use that intersection almost every day
      24     and I don't have any problem driving up Main Street
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       1     from that intersection, other than SEPTA buses that
       2     block that.
       3     Q.      How long does it take you to get off the
       4     City Avenue Bridge during peak hours?
       5     A.      I don't use the City Avenue Bridge.
       6     Q.      I'm talking about the City Avenue Bridge.
       7     A.      I use Kelly.
       8     Q.      Yes.  I said at the onset, but I'll say it
       9     again in case it got lost.  I'm talking about
      10     access from the City Avenue Bridge onto Ridge
      11     Avenue, Main Street.  I'm saying, isn't it
      12     congested now?
      13     A.      Yes.  But it's fully under construction and
      14     it is going to be widened.
      15     Q.      After it's widened, adding traffic to it
      16     will still adversely affect it, will it not?
      17     A.      Are you saying will it degrade the level of
      18     service?
      19     Q.      No.  I'm asking you about adversely
      20     affecting it.
      21     A.      There would be more vehicles, right.
      22     Q.      And that would adversely affect it?
      23                     MR. SKLAROFF:  Objection.  There is
      24             no term of art, adversely affect it, at
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       1             this point.  The issue before the Board --
       2                     MR. SUGARMAN:  I'm not using it as
       3             a term of art.
       4                     MR. SKLAROFF:  Excuse me,
       5             Mr. Sugarman.  The reporter can only get
       6             one of us at a time.
       7                     The question is whether there is
       8             going to be an increase in traffic
       9             congestion under the code.  And the words
      10             "adversely affect" are so subjective that
      11             I don't think we're advancing the ball
      12             unless we can get to definitions that we
      13             can agree upon.
      14                     THE WITNESS:  I think the answer to
      15             that is 50 vehicles a day created by this
      16             development compared to the number of
      17             vehicles using that intersection and that
      18             interchange is so minuscule it's not
      19             comparable to an impact.  50 vehicles a day
      20             is nothing for the capacity of that
      21             interchange.
      22     BY MR. SUGARMAN:
      23     Q.      But you'll acknowledge because you used the
      24     comparison that when there is room on the road,
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       1     adding a few vehicles is inconsequential, but when
       2     the traffic is already in an unsatisfactory
       3     condition, adding even a few vehicles is a problem;
       4     isn't that right?
       5     A.      In general, yes.
       6                     MR. SUGARMAN:  Thank you.  That's
       7             all I have.
       8                     CHAIRMAN KELLY:  Anything else?
       9                     MR. JAFFE:  Robert Jaffe for
      10             Councilman David Cohen.
      11     BY MR. JAFFE:
      12     Q.      Of course, you're familiar with the summary
      13     report for the traffic and parking study which your
      14     name is on?
      15     A.      Yes.
      16     Q.      Refer to Page 3.  You wrote, "The parking
      17     and access infrastructure is currently inadequate
      18     to effectively accommodate the increasing demands,
      19     which in turn, impacts overall quality of life in
      20     Manayunk."  You wrote that?
      21     A.      That's correct.
      22     Q.      And you wrote that before April 1997?
      23     A.      Yes.
      24     Q.      Would you agree that, if anything, there
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       1     has been more growth and more demand on traffic and
       2     parking in Manayunk since you wrote this in
       3     approximately April of '97?
       4     A.      Absolutely not.  We went out and took
       5     traffic counts at this intersection twice.
       6     Q.      Referring --
       7                     MR. SKLAROFF:  Excuse me.  Don't
       8             interrupt him.
       9                     THE WITNESS:  Including January of
      10             this year.  And the traffic volume had
      11             dropped by more than 15 percent.  And we're
      12             talking about the a.m. peak hours, which
      13             are in here.
      14     BY MR. JAFFE:
      15     Q.      So the paragraph that I read for you from
      16     Page 3 you would say is no longer accurate and you
      17     would want to strike that?
      18     A.      With regard to parking?
      19     Q.      If I may hand it to you.
      20     A.      Sure.
      21     Q.      If you want to, just refresh your memory
      22     and read that.  Would you no longer agree with that
      23     statement?
      24     A.      Yes.  Park America has taken over the
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       1     entire parking lot.
       2     Q.      If I may do so --
       3                     MR. SKLAROFF:  Don't interrupt him.
       4     BY MR. JAFFE:
       5     Q.      Could you just say yes or no first.  Do you
       6     agree --
       7                     MR. SKLAROFF:  He said absolutely
       8             not before.
       9                     THE WITNESS:  I'm saying that the
      10             parking situation is infinitely better as a
      11             result of the reconstruction of the lot,
      12             street lot and the operations of valet
      13             parking by Park America.  And Park
      14             America's vice president told me that they
      15             only had one full night in the past year.
      16     BY MR. JAFFE:
      17     Q.      How about towards the access infrastructure
      18     that is currently inadequate to effectively
      19     accommodate the increasing demands, which in turn,
      20     impact the overall quality of life in Manayunk?
      21     Would you say the access infrastructure has gotten
      22     better?
      23     A.      At Rock Street, much better.  On Venice
      24     Island, it's gotten better because instead of
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       1     having general parkers use the lot, the valets
       2     enter that lot and the access to that parking area
       3     which has not recently been filled, is much better
       4     with the valet parkers.  There is only a 10-foot
       5     wide, one-way access to that parking.  And the
       6     valet parkers are much better at accessing it.
       7     Q.      Didn't you submit this to this Zoning Board
       8     and under oath testify to this?  Do you want to
       9     strike this from the record, sir?
      10                     MR. SKLAROFF:  Don't answer that.
      11             This is argumentative.  It doesn't
      12             represent the record.  This is the baseline
      13             for his subsequent analysis.  Your question
      14             is borderline silly.
      15                     MR. JAFFE:  The point is that this
      16             gentleman, as an expert, submitted a
      17             summary to this Board and comments of which
      18             he is saying now is no longer accurate.
      19     BY MR. JAFFE:
      20     Q.      My question goes to, is there anything else
      21     in here that you no longer want to state as
      22     accurate then?
      23                     MR. SKLAROFF:  Objection to the
      24             form of the question.
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       1                     THE WITNESS:  That is completely
       2             accurate.  The difference is improvements
       3             have been made as a result of our
       4             recommendations, if you read them, which
       5             improved all of the access on Main Street.
       6     BY MR. JAFFE:
       7     Q.      So the parking and access infrastructure is
       8     currently adequate now instead of what you write
       9     here as inadequate?
      10     A.      It's more adequate than it was.
      11     Q.      It's more adequate?
      12     A.      Clearly.
      13     Q.      You wrote here that it's inadequate; is
      14     that correct?
      15     A.      At that time it was inadequate.
      16     Q.      Is it correct now?
      17                     CHAIRMAN KELLY:  He has answered
      18             the question a half a dozen times.  It's
      19             improved.
      20                     THE WITNESS:  It's improved from
      21             when that report was written.  That was the
      22             purpose of writing the report, to make
      23             those improvements.
      24                     MR. JAFFE:  But the point is,
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       1             Board, that he talks about inadequacies of
       2             the access infrastructure.
       3                     CHAIRMAN KELLY:  We heard that.
       4                     MR. SKLAROFF:  There will be time
       5             for argument, Mr. Jaffe, I'm sure.
       6                     CHAIRMAN KELLY:  Anything else?
       7                     MR. JAFFE:  Thank you.
       8                     MR. SKLAROFF:  Just one question to
       9             make it clear.
      10     BY MR. SKLAROFF:
      11     Q.      The addition of 183 parking spaces at this
      12     site which could be available for public parking,
      13     that would improve the parking resources in
      14     Manayunk, wouldn't it?
      15     A.      No question about.
      16     Q.      And immensely; isn't that right?
      17     A.      That's correct.
      18                     MR. SKLAROFF:  Nothing further.  I
      19             thank you, Mr. Boles.
      20                     I would like to offer A-14 into
      21             evidence.  And I would like to submit the
      22             findings of fact and conclusions of law to
      23             the Board which, are not by way of an
      24             exhibit, but just by way of completion of
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       1             the record.  We'll give some copies to
       2             counsel and we have highlighted those areas
       3             where the finding of fact and conclusions
       4             of law bear on the question before you
       5             today.
       6                     And that's all we have in support
       7             of our case on reconsideration.
       8                     CHAIRMAN KELLY:  Thank you, sir.
       9                     Any witnesses?
      10                     MR. SUGARMAN:  Yes.  Mr. Smith.
      11                     CHAIRMAN KELLY:  Your name and
      12             address, please, sir.
      13                     MR. SMITH:  Kevin Smith.  293
      14             Hermitage Street, Philadelphia.
      15     BY MR. SUGARMAN:
      16     Q.      Mr. Smith, what is your occupation?
      17     A.      Computer programmer.
      18     Q.      Mr. Smith, how long have you lived at that
      19     address?
      20     A.      Approximately six years.
      21     Q.      Where is that address as it relates to
      22     Main Street and Cotton Street?
      23     A.      It's probably about a half a mile.
      24     Q.      Where is it as it relates to the Ridge
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       1     Street intersection?
       2     A.      The Green Lane Bridge.
       3     Q.      The Green Lane Bridge.
       4     A.      It's probably -- well, it would be about
       5     2/3 of -- the intersection is about 2/3 of the way,
       6     so it would be a quarter mile.
       7     Q.      What is your personal experience with the
       8     Green and Main intersection?
       9     A.      Very long backups in the morning.
      10     Q.      Can you describe to the Board what you mean
      11     by that in terms of very long?
      12     A.      Starting about 7:30 it backs up down from
      13     Main and Green to Leverington, up Leverington and
      14     out Umbria.  So that's probably starting by 7:30
      15     you have about a half mile backup.  And by
      16     8 o'clock you have about a mile backup extending
      17     out to Parker Avenue on Umbria.
      18     Q.      How long does it take you to get through
      19     that intersection at that time when that occurs?
      20     A.      It takes -- well, 15 or 20 minutes just to
      21     go the length of Leverington and Main which is
      22     maybe a mile.  And it's about 45 minutes to do the
      23     entire backup.
      24     Q.      Now, you're particularly describing the
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       1     movement that is southbound along Main?
       2     A.      That is southbound on Main.
       3     Q.      Now, are you familiar with the movement
       4     northbound on Main in terms of the effect it has on
       5     southbound movement?  In other words, cars turning
       6     left from northbound on Main to get on the bridge,
       7     what is the effect of that activity?
       8     A.      Well, every green light you have cars from
       9     both directions trying to converge onto the Green
      10     Lane Bridge.  It is often just a jam up there with
      11     cars stuck when the light turns red.  And the light
      12     at Main and Green is short, so only three or four
      13     cars can get through on a light.
      14     Q.      When you say it's short, short for Main
      15     Street?
      16     A.      Short for Main Street.  So, people going
      17     north on Main Street going towards Green Lane have
      18     a very short light.
      19     Q.      How does that affect the trip, the access
      20     from southbound on Main onto the bridge, the fact
      21     that there are all those cars backed up trying to
      22     make the left turn from northbound onto the bridge?
      23     A.      It adds to the general congestion as all
      24     the cars get in the intersection at once and are
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       1     honking and fighting with each other to see who can
       2     be the first on the bridge.
       3     Q.      What are the conditions on the bridge
       4     getting onto either Belmont Avenue or onto the
       5     Schuylkill Expressway?
       6     A.      It's just full.  It's slow moving.  Two
       7     lanes of traffic.
       8     Q.      And is it necessary to take a left turn
       9     from the bridge onto the expressway if you want to
      10     go towards the city?
      11     A.      Yes.
      12     Q.      Is there a conflicting movement there
      13     coming down the Belmont hill?
      14     A.      They have a turn signal and -- that I'm not
      15     clear.  I think it starts with a turn signal and
      16     then turns to just an open green, so there is
      17     unconflicting and conflicting movement there.
      18     Q.      And turning to the movement from the
      19     southbound, what is the situation southbound in
      20     terms of Gustine Lake?  Let's talk about the
      21     afternoon peak so we don't take a lot of time.
      22     What is the situation coming out from the city on
      23     the Schuylkill Expressway, City Avenue Bridge onto
      24     Main Street going into Manayunk?
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                                (215) 568-2211
       1                     MR. SKLAROFF:  Excuse me.  At this
       2             point, just by way of voir dire, is this
       3             witness talking about his personal
       4             experience with his personal commute or are
       5             we now getting into the kind of expert
       6             testimony that he was not permitted to give
       7             at the last hearing.
       8                     MR. SUGARMAN:  I'm asking him about
       9             his personal experience.
      10                     MR. SKLAROFF:  Go ahead.
      11                     THE WITNESS:  I don't -- I can't
      12             speak to the traffic coming from -- towards
      13             Main Street from Gustine Lake.
      14     BY MR. SUGARMAN:
      15     Q.      Okay.  What is the situation at the
      16     intersection of Main and Green in the p.m. peak?
      17                     MR. AUSPITZ:  Can I interrupt for
      18             one second.  I'm missing something.
      19                     Can you see all of this from your
      20             home?
      21                     THE WITNESS:  No.
      22                     MR. AUSPITZ:  Do you travel all
      23             these roads every night?  I'm not being
      24             facetious.  I don't quite understand what
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       1             is going on here.
       2                     THE WITNESS:  No.  I live and move
       3             about in the neighborhood.  And this is the
       4             daily experience of trying to get from
       5             point "A" to point "B" in the
       6             neighborhood.
       7                     MR. AUSPITZ:  By car?
       8                     THE WITNESS:  By car.  Also on
       9             foot, on bus, on bike.  On foot you can
      10             walk faster than all these cars move.
      11                     CHAIRMAN KELLY:  Do you drive this
      12             every day or walk it every day?  What is it
      13             that you do, sir?
      14                     THE WITNESS:  I drive it
      15             occasionally.  Mostly I walk it or bike it
      16             or am caught in the traffic on a bus.
      17                     MR. AUSPITZ:  But you're out
      18             checking this every day?
      19                     THE WITNESS:  No, I don't check it
      20             every day.  It's, you know, on a regular
      21             basis.
      22     BY MR. SUGARMAN:
      23     Q.      Now, turning to the question of the peak in
      24     the p.m. at the intersection of Main and Green, can
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       1     you describe what occurs there at that time?
       2     A.      The a.m. peak at Main and Green --
       3     Q.      I'm saying the p.m. peak.
       4     A.      P.m. peak at Main and Green has a pretty
       5     good traffic -- generally flows off the Green Lane
       6     Bridge left onto Main and down Leverington.  And it
       7     moves slowly, but consistently.
       8                     There are occasional backups at the
       9     Main and Leverington intersection which can
      10     interrupt that smooth flow, which then backs up
      11     onto the Green Lane Bridge at the Green and Main
      12     intersection, but it's generally not the same
      13     congestion as the morning, there is just heavy
      14     traffic flow.
      15     Q.      All right.  I'm showing you a --
      16                     MR. SKLAROFF:  Before you do so,
      17             Mr. Sugarman, I want to see it.
      18                     MR. SUGARMAN:  Do you want to see
      19             it?
      20                     MR. SKLAROFF:  Yes.
      21                     CHAIRMAN KELLY:  Mr. Sugarman, with
      22             this witness you have here, it's kind of
      23             apparent that he is observing these things,
      24             he is not driving them every day.  He is
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       1             not here as an expert witness.
       2                     MR. SUGARMAN:  No, sir.  He's here
       3             to describe his personal knowledge.
       4                     CHAIRMAN KELLY:  Let's move it
       5             along.
       6                     MR. SUGARMAN:  Yes.  I'm just about
       7             done.  I appreciate it, Mr. Chairman.
       8                     MR. SKLAROFF:  Did he take these
       9             photographs?
      10                     MR. SUGARMAN:  We'll see.
      11     BY MR. SUGARMAN:
      12     Q.      Mr. Smith, can you tell me who took those
      13     photographs?
      14     A.      Yes, I took these paragraphs.
      15     Q.      All right.  What do they depict?  Just
      16     starting, identify which photograph you're talking
      17     about first.
      18     A.      The top left corner labeled "Confluence of
      19     Green and Main" shows this -- shows traffic coming
      20     from both directions on Main Street and westbound
      21     on Green Lane, approaching the entrance to the
      22     Green Lane Bridge.  And it shows how traffic from
      23     all three directions ends up locked in the
      24     interaction as the lights change and so on.
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       1     They're all trying to get through the
       2     intersection.
       3                     The second picture in the upper
       4     right shows -- labeled "Green Lane Bridge" shows
       5     basically the congested conditions on the bridge in
       6     that it's filled to capacity and there is no --
       7     generally no room for cars to move onto the bridge
       8     except when other cars move slowly forward.  So
       9     there is also tension there.
      10                     The third picture, lower left-hand
      11     corner labeled "Green Lane approaching the Main and
      12     Green intersection" shows traffic on Green Lane.
      13     The traffic is headed east approaching the Green
      14     Lane Bridge.  It shows the traffic backup going out
      15     of sight up the hill.
      16                     Now, again, personal experience
      17     indicates that the backup on Main is as much as a
      18     quarter of a mile.
      19     Q.      Now, is that consistent with the testimony
      20     that you just gave as to what you have experienced?
      21     A.      Yes.
      22     Q.      Do those photographs constitute a
      23     representative example of what you see?
      24                     MR. SKLAROFF:  Objection to the
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                                (215) 568-2211
       1             form of the question.  The better way is to
       2             ask what it does represent, if anything.
       3             It's leading.
       4                     MR. SUGARMAN:  I heard
       5             Mr. Sklaroff --
       6                     CHAIRMAN KELLY:  Objection so
       7             noted.  Answer his question.
       8                     THE WITNESS:  It represents the
       9             traffic at the Main and Green Lane
      10             intersection every weekday and morning.
      11                     MR. SUGARMAN:  That's all I have.
      12             Thank you.
      13                     CHAIRMAN KELLY:  Any questions?
      14                     MR. SKLAROFF:  No questions.
      15                     CHAIRMAN KELLY:  Any other
      16             witnesses, sir?
      17                     MR. SUGARMAN:  I would request
      18             leave to submit the materials provided
      19             today by Mr. Boles to a witness so that we
      20             can, in fact, have it evaluated and present
      21             testimony to the Board at an early
      22             occasion.
      23                     MR. SKLAROFF:  We would object and
      24             we would suggest that the Board has had
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                                (215) 568-2211
       1             this case for over six months now, has
       2             heard a lot of traffic testimony, some
       3             testimony that's come in, some that hasn't
       4             come in.  They have a study from Pennoni,
       5             which apparently, according to one of their
       6             witnesses, show this is a Level B which is
       7             perfectly acceptable.  And enough is
       8             enough.  We would ask the Board to vote the
       9             case.
      10                     MR. SUGARMAN:  I would say in
      11             regard to the so-called Pennoni study, the
      12             Pennoni letter was a comment.  It cannot be
      13             understood or taken out of context.  And it
      14             wasn't presented because it does not
      15             address the issues.  And Mr. Sklaroff is
      16             mischaracterizing both the testimony and
      17             the nature of that preliminary letter
      18             report.
      19                     So, what we are asking for since we
      20             have this new technical testimony today is
      21             simply an opportunity to present our
      22             responsive testimony addressing it.
      23                     CHAIRMAN KELLY:  Request denied.
      24             Thank you.
                     DelCasale, Casey, Martin & Manchello
                                (215) 568-2211
       1                     MR. JAFFE:  Do you have a closing,
       2             Mr. Sklaroff?
       3                     MR. SKLAROFF:  I think at this
       4             point the Board understands the case.
       5                     CHAIRMAN KELLY:  We understand the
       6             case fully.  We have heard enough of it.
       7                     MR. JAFFE:  I have material from
       8             Councilman Cohen and Councilman Nutter to
       9             make sure that the Board is aware of it.
      10             Mr. Sklaroff will verify, there is a copy
      11             of the section of the testimony.
      12                     MR. SKLAROFF:  We have no objection
      13             to this.
      14                     MR. JAFFE:  This is the underlying
      15             testimony that went before the Rules
      16             Committee.
      17                     CHAIRMAN KELLY:  We had that
      18             before, sir.
      19                     MR. JAFFE:  I don't know if the
      20             Board has had an opportunity to review this
      21             on the record.
      22                     MR. SKLAROFF:  What is the number?
      23                     MR. JAFFE:  Specifically,
      24             Mr. Sklaroff --
                     DelCasale, Casey, Martin & Manchello
                                (215) 568-2211
       1                     MR. SKLAROFF:  What is the number
       2             of it so we can identify it for the
       3             record?
       4                     MR. JAFFE:  I don't know.  What are
       5             we up to?
       6                     MR. SKLAROFF:  We can say
       7             Councilman Cohen Number 1.
       8                     MR. JAFFE:  I put down
       9             Protestant's 100.  So that would be fine,
      10             just so they know what it is.
      11                     MR. SKLAROFF:  We'll agree that the
      12             Board can take administrative notice of
      13             council minutes so we don't even have to
      14             mark it, if it is helpful.
      15                     MR. JAFFE:  No.  I do want it
      16             marked.  And I do want to refer to it in
      17             argument.
      18                     MR. SKLAROFF:  Just give us a
      19             letter.
      20                     CHAIRMAN KELLY:  Councilman Cohen
      21             Number 1.
      22                     MR. JAFFE:  This is also from
      23             Councilman Nutter.  Their office wanted to
      24             make sure that you have the letter dated
                     DelCasale, Casey, Martin & Manchello
                                (215) 568-2211
       1             March 13th, which I believe --
       2                     MR. SKLAROFF:  I believe that's
       3             already in the record.  That was read into
       4             the record by Councilman Nutter.
       5                     MR. JAFFE:  We're going to make
       6             sure that you have it.  Specifically --
       7                     MR. SKLAROFF:  Let me have another
       8             copy.  This is Nutter-1?
       9                     MR. JAFFE:  Nutter-1 if you would
      10             like.  The councilman would like to point
      11             out that Mr. Sklaroff had an opportunity to
      12             appear before City Council representing
      13             Mr. Connely and Mr. Maloomian where he
      14             explicitly brought up of request for 270
      15             units at this location.  City Council heard
      16             the argument and decided that 270 units was
      17             too intense.
      18                     In fact, in discussion,
      19             Rich Lombardi from the City Planning
      20             Commission stated that we're looking at a
      21             level of development that would go up to
      22             the point that you would not need to
      23             rebuild bridges, widen streets, try to
      24             build new roadways.  Basically, the
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                                (215) 568-2211
       1             development would have to live within the
       2             available capacity of the surrounding
       3             streets in the area.  That is at Page 283,
       4             284.
       5                     And City Council went on to
       6             explicitly reject the usage that is now
       7             before the Board on request and the
       8             previous finding of the Board of
       9             approximately 150 units is in line with the
      10             1.35 foot area ratio, the far ratio, that
      11             is discussed in the testimony.
      12                     MR. SKLAROFF:  If I may respond,
      13             Mr. Jaffe, that is exactly the point.  The
      14             City Council, with the advice of the
      15             Planning Commission, based upon traffic
      16             concerns had a certain view as to the
      17             limitations on density.  Those ordinances
      18             don't apply to this application; however,
      19             even if they did, it is quite clear on this
      20             record with this testimony that 270 units
      21             do not increase traffic congestion.
      22                     That is what we're here about.
      23             This is an administrative decision with the
      24             Zoning Board of Adjustment.  The
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                                (215) 568-2211
       1             legislative decision is a different
       2             decision.  And there are two different
       3             conclusions.
       4                     MR. JAFFE:  Chairman, if I may
       5             suggest that Mr. Sklaroff would have you
       6             believe that his brief testimony today and
       7             the submission that Mr. Sugarman is not
       8             being allowed to respond to, should be
       9             looked at with greater weight than what the
      10             City Planning Commission has considered,
      11             what the City Council Rules Committee
      12             considered and what City Council as a whole
      13             considered with all their staff.
      14                     MR. SKLAROFF:  Yes.
      15                     MR. JAFFE:  I would suggest -- no
      16             wait a minute, Mike.  I would suggest that
      17             that is not appropriate care of the public
      18             welfare and safety as City Council and the
      19             City Planning Commission previously defined
      20             in which this Board found in the 158 units
      21             allowable on this property.
      22                     MR. SKLAROFF:  And I just would say
      23             that Mr. Jaffe might have a point except
      24             for the fact that it was based on
                     DelCasale, Casey, Martin & Manchello
                                (215) 568-2211
       1             Mr. Boles' study, the 1997 study, and
       2             notwithstanding his current update of that,
       3             that the Planning Commission, which hasn't
       4             done a study has taken this position.  But
       5             it was based on Mr. Boles' study in 1997
       6             that the Planning Commission created this
       7             district.  So they're using this
       8             information and coming to a different
       9             conclusion.
      10                     Mr. Boles is here.  You have had an
      11             opportunity to judge his credibility.  He
      12             is saying to this Board, under oath with
      13             his professional opinion, that this
      14             intersection can well tolerate 270 units.
      15             And we ask you to vote in favor of that.
      16                     MR. JAFFE:  That is partially
      17             incorrect and partially correct.  And the
      18             part that is incorrect does matter.  The
      19             City Planning Commission and City Council
      20             considered the foot area ratio, the actual
      21             usage of the property, the building in
      22             comparison to the footprint.  They did not
      23             only consider the traffic as Mr. Sklaroff
      24             incorrectly is pointing out now.
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       1                     Now, in a review of the City
       2             Council record dated 12/8/99, which was a
       3             long record and I have submitted parts of
       4             it to you where Mr. Sklaroff testified,
       5             will show you that City Council considered
       6             more than just what Mr. Boles is saying
       7             today.
       8                     MR. SKLAROFF:  If I may just
       9             respond.  When Mr. Gregorsky was here, he
      10             read the letter of the Planning Commission
      11             and it says, "The base of this plan" -- we
      12             are talking about the plan going forward --
      13             "and the ordinance was to permit
      14             residential development of a density that
      15             would not create unacceptable levels for
      16             traffic congestion on Main Street and the
      17             nearby streets."
      18                     We take issue with that.  We have
      19             proved on this record with no contradiction
      20             that there will not be unacceptable levels
      21             of congestion as a result of this
      22             development.
      23                     MR. SUGARMAN:  I have three points
      24             to make.  One is I would like to move that
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       1             photograph into evidence.
       2                     MR. SKLAROFF:  No objection.
       3                     MR. SUGARMAN:  Two, I would like to
       4             say that the issues that differ between 153
       5             and 270, which is the only issue before the
       6             Board today, are not limited to traffic.
       7             The fact that Mr. Sklaroff only brought a
       8             witness in on traffic doesn't obviate the
       9             other concerns, especially the flooding
      10             concerns and the need for evacuation and
      11             difficulties and dangers of flooding that
      12             would be associated with a larger
      13             development, which presumably all went into
      14             -- not only this Board's previous
      15             determination, but also the City Council
      16             determination.
      17                     So Mr. Sklaroff has given you no
      18             factual basis on the record to change your
      19             previous conclusion with respect to the
      20             maximum number of units except with respect
      21             to traffic.
      22                     And as to traffic, Mr. Boles
      23             testified there won't be any problem at the
      24             intersection of Cotton and Main, but
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       1             Mr. Boles did the address the congestion
       2             that now exists at the intersection of Main
       3             and Green and how this development would
       4             add substantially to that existing
       5             congestion, how it could not be managed
       6             within the existing congestion and how
       7             there is no present project or proposed
       8             project that we know of on this record that
       9             are going to address that issue.  So you
      10             have not only the flooding, which
      11             Mr. Sklaroff hasn't changed the record, but
      12             also the traffic.
      13                     And the last point I would make is
      14             Mr. Sklaroff's new submission to the Board,
      15             this brief, goes far beyond the limited
      16             issue for which the Board granted
      17             reconsideration.  It goes to all of the
      18             issues in the case and as such, it exceeds
      19             the scope of this Board's limitation.  So I
      20             would ask that that brief be struck or that
      21             we be given the opportunity to respond to
      22             it because it's much broader than issues
      23             that the Board limited it to, just the
      24             density.
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                                (215) 568-2211
       1                     MR. SKLAROFF:  Let me just say
       2             there is nothing in that paper that isn't
       3             in the record.  It's all in the record.
       4             There is nothing added.
       5                     MR. SUGARMAN:  But this is
       6             reopening --
       7                     MR. SKLAROFF:  Excuse me.
       8             Mr. Sugarman said that when you're talking
       9             about density, you should talk about all
      10             those other issues, but then when we talked
      11             about all those other issues, he says it's
      12             out of order.
      13                     The point, in fact, is that we
      14             referred to all the testimony of
      15             Jack Thrower, of Elmore Boles and others in
      16             support of this proposal.  And it does go
      17             to all of those issues, but the issue that
      18             really drove the Planning Commission was
      19             traffic density.  That's been resolved.
      20             This Board has the entire record and we ask
      21             that you vote in our favor.
      22                     CHAIRMAN KELLY:  Thank you.
      23                     MR. SKLAROFF:  Thank you.
      24                     MR. JAFFE:  Thank you, Chairman.
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       1                      (Witnesses excused.)
       2                    (Hearing has concluded.)
                     DelCasale, Casey, Martin & Manchello
                                (215) 568-2211
       1                  C E R T I F I C A T I O N
       3                     I, Michelle K. Fisher, hereby
       4             certify that the foregoing is a true and
       5             correct transcript of the proceedings held
       6             in this matter as transcribed from the
       7             stenographic notes taken by me on
       8             Wednesday, September 20, 2000.
      12                           Michelle K. Fisher,
                                   Professional Court Reporter
      13                           Notary Public
      15             (This certification does not apply to any
      16             reproduction of this transcript, unless
      17             under the direct supervision of the
      18             certifying reporter.)
      21                           - - -
                     DelCasale, Casey, Martin & Manchello
                                (215) 568-2211