BOARD OF DIRECTORS MINUTES Meeting of May 6, 2013

PRESENT: Matt Ruben, President; Don Phillips, Vice-President; Janet Finegar, Secretary; Rick Angeli; Fernando Benavides; Michael Coyne; Larry Freedman; Chris Somers; Anne Waginger.ABSENT: Steve Richman, Treasurer; Erika Goldberg; Lystra Harris; Katrina Mansfield;ALSO PRESENT:    Ken GronoThe meeting was called to order by the President at 7:04 p.m.Motion: By Anne Waginger, seconded by Don Phillips. "To approve the minutes of the April Board meeting as presented.”Passed 7-0-0Ken Grono was presented to the Board as a potential new member of the Zoning Committee.Motion: By Don Phillips, seconded by Fernando Benavides. “To approve Ken Grono as a new member of the Zoning Committee.”Passed 7-0-0Motion: By Don Phillips, seconded by Janet Finegar. “To proceed with serving as fiscal conduit for Kearny School's Home and School Association with the provisos that we review the grant program and proposal prior to submission; we would prefer to disperse all the grant funds, minus the fee, as soon as possible; that we will refund a portion of the fee as soon as we are satisfied that the grant is properly closed out; and that we create a memorandum of understanding putting these and any other conditions in writing.”Passed 8-0-0 President’s Report: Matt Ruben: written report (see below) reviewed.Treasurer's Report: Fernando Benavides: written report (see below) reviewed.Motion: By Rick Angeli, seconded by Chris Somers. “To accept the Treasurer's report as presented.”Passed 8-0-0The Board noted that members Fernando Benavides and Erika Goldberg are not running for the Board again in the coming election. The Board formally recognized their contributions and thanked them for their service.Election Committee Report: Rick Angeli: written report (see below) reviewed.Finance Committee Report: Fernando Benavides: written report (see below) reviewed.Zoning Committee Report: Larry Freedman; written report (see below) reviewed.Motion: By Janet Finegar, seconded by Anne Waginger. “To approve the actions of the Zoning Committee in the matter of 834 N. 4th Street, i.e.: 'We were told that the previous variance included demolition which would restore an easement. At the present time, we cannot support the change to the previous variance. Please resolve the issue of this easement before returning to the Zoning Committee with a specific proposal for 834 N. 4th Street if a variance is required.'”Passed 8-0-0Motion: By Janet Finegar, seconded by Don Phillips. “That the NLNA take no action in the matter of 548 N. 4^th Street.”Passed 8-0-0Motion: By Michael Coyne, seconded by Chris Somers. “To approve the actions of the Zoning Committee in the matter of 914 N. 2nd Street, i.e.: ' Thank you for your presentation. We require more information about the restaurant at 914 N. 2nd Street. Please return to the Zoning committee with more detailed drawings showing all areas of the facility. Include dimensions, a façade elevation and site plan including all existing neighbors. At the present time, we have several concerns and suggestions. Please respond to the following at your next presentation: 1) This will be primarily a restaurant use. All other uses are accessory, and it will not be a banquet/catering, dance or concert hall.  2) Noise in the outdoor area could be problematic. Consider partial covering of the rear outdoor area, 1/3 of the area or other sound mitigation systems. No music at all in outdoor area or on 2nd Street. We agreed with your suggested outdoor hours until 10 p.m. Sunday through Thursday and midnight on Friday and Saturday. (Indoor dining would continue until 1 a.m.)  3) Secure an adequate loading zone (8 a.m. – 4 p.m.) in front of building for all deliveries and trash pick-up. 4) Maintain an area inside for customers to wait for tables. 5) Garage door on 2nd Street will not be open after 10 p.m. 7 days a week. 6) Maximum capacity should not exceed your suggestion of 79 inside, 17 at the bar and 50 people outside at tables and other seating (no standing room outside). 7) No valet pick-up or drop-off on west side of 2nd Street. We look forward to seeing you again.'”Passed 8-0-0Motion: By Anne Waginger, seconded by Fernando Benavides. “To approve the actions of the Zoning Committee in the matter of 708 N. 2nd Street, i.e.: 'We support the request as follows: Hookah use is considered an accessory to the main function as a restaurant. There will be a limit of 6 hookahs in use at any one time. As a follow up to the previous appearance, the restaurant agreed to put an alarm on the back door that would only be used as an egress in the event of an emergency.'”Passed 8-0-0Motion: By Rick Angeli, seconded by Chris Somers. “To approve the actions of the Zoning Committee in the matter of 129 W. Laurel Street, i.e.: 'We offer conditional support for the outdoor patio seating on Laurel and outdoor seating on New Market St. with the following provisos: 1) We support the outdoor patio on Laurel Street with a 6-month temporary variance to allow for adjustments to any sound problems and to be able to reassess after that time period. 2) The Laurel Street patio has an 11’ high full barrier glass wall with a center door to remain closed at all times except for handicapped access and emergencies. 3) There will be no outside bar. 4) There will be no music outside. 5) Windows will be closed at 10 p.m. every day. 6) The patio will be emptied and closed at 10 p.m. Sunday through Thursday and at midnight Friday and Saturday. 7) Seating capacity for the patio will be limited to 24 and the sidewalk will be limited to 16. Please return to the Zoning Committee to review the extension of service to the patio and New Market Street sidewalk.'”Passed 8-0-0Motion: By Michael Coyne, seconded by Janet Finegar. “To approve the actions of the Zoning Committee in the matter of 933-37 N. Front Street   We support the plan as submitted. Please visit the Urban Design Committee with dimensional drawings, house materials, fencing materials, and landscaping plans.'”Passed 8-0-0Motion: By Janet Finegar, seconded by Anne Waginger. “To approve the actions of the Zoning Committee in the matter of 504-06 Cambridge Street, i.e.: 'We cannot support two undersized homes of this height on these lots. Please return with plans for one house with parking.'”Passed 8-0-0Motion: By Janet Finegar, seconded by Michael Coyne. “To approve the actions of the Zoning Committee in the matter of 310 Fairmount Avenue, i.e.: 'We do not support this project as proposed. We feel that since they are building a residence, they should abide by the 38’ height limit.'”Passed 8-0-0Old BusinessLarry informed the Board that Phil McFillin has agreed to donate $12,000 to fund the resumption of street cleaning next year. Matt will meet with Northern Liberties businesses this month to seek their support of ongoing street sweeping. Fernando proposed that some funds should be spent on educating neighbors and businesses about their responsibilities to keep their building fronts clean. It was agreed that a committee needs to develop a multi-faceted plan for developing and funding the street cleaning program.Don reminded the Board that the Music Festival is June 8 and that volunteers are needed to staff the festival.Don informed the Board that the Mission committee continues to move forward with creating a survey for the neighbors about the mission for the NLNA.The meeting was adjourned by acclaim at 9:08 p.m.Addenda:

President's Report

1. PLANNING AND POLICY-RELATED ISSUES

• Mission – Any updates will be from Don in Old Business.
• Casinos – Fishtown Neighbors Association’s membership to support the Wynn Casino proposal. It is unclear if FNA testified at the recent PA Gaming Board hearings or submitted written testimony to the Gaming Board. (There is also one more hearing, slated for May 8).
• Central Delaware Master Plan – The Central Delaware Zoning Overlay has been introduced by Councilman Squilla. A hearing on the bill is slated for Tuesday, June 5, at 10AM in City Council chambers.
• AVI/Real Estate Taxes – NLNA continues to participate in the Crosstown Coalition of Taxpayers, which has been highlighting issues with the methodology and accuracy of the new AVI property assessments. CCT as a coalition, NLNA as a group, and individual NL neighbors all testified at hearings held by City Council in April. Starting the week of May 6, the CCT is working on an agenda of policy protections and remedies, in parallel with the concerns about methodology and accuracy.
• The NLNA submitted first-level review forms to OPA for 700-702 N. 3rd (over-assessed in our view), and 704 N 3rd (assessed as a building, but has been a vacant lot for about 10 years). We have not yet heard back from OPA.

2. FUNDRAISING/FINANCES/ADMINISTRATION

• Administration, Budget, and Finances – We have two requests we need to consider. First, the Kearny Home & School Association has asked us to serve as fiscal conduit for a grant they’re seeking. In addition to serving as conduit, they are asking us to minimize our customary administrative fee.
• Second, we’ve been approached by someone who organizes literacy groups for school-aged children, which take place in evening hours with adult volunteers. They want the NLNA office to host some of these sessions, and they would like us to promote them. I would like the sense of the board as to whether we wish to do this, and whether or not we would let them have the space at no charge.
• Events – The plant sale will have taken place when we meet, but has not yet taken place as of this writing. Any updates from Janet in the Liberty Lands report. The Music Fest is fast approaching as well.
• Spring Garden Greenway – DRWC and its consultant continue to plan and design improvements for the underpass.

3. DEVELOPMENT ISSUES AND DEVELOPER RELATIONS

• Tower Investments – Any updates on the court appeal will come from Larry, either in the President’s report or in Old Business.
• We are continuing to work on building a working relationship with the Kushner Companies.
• Finnegan’s Wake – Some landscaping work has been done on Bodine St. Finnegans apparently has a revised proposal for Spring Garden. They haven’t formally presented anything to us yet. Updates on this, if any, will be covered in the Zoning Committee report or under Old Business.
• Club Aura – In large part because of Larry’s action, we reconvened the NL Nuisance Task Force ahead of schedule, for a special meeting about this club. Neighbors and enforcement officials each came away with a clearer picture of what’s going on and what the options are moving forward.
• Parking – No update.

4. OUTREACH/EVENTS/GENERAL MEETINGS

• General Meetings – As per the AVI update, March was a very busy month for large meetings. April’s GM likely will focus on candidates for the May primary in the City Controller’s race. I am open to the board’s opinion about whether we should invite judicial candidates to speak as well. In recent years we haven’t, because there are so many of them.

5. COMMUNICATION AND PUBLICITY

• Internet – The email list has surpassed 2,100, and we are maintaining a 25-30% “open rate” on emails, which is very good. A reminder to board members to join the NLNA’s Facebook group if they have not done so already, and to post to it.
• Web site – AV8, our current internet host, notified us in mid-April that they would cease hosting for us as of May 1. Katrina acted fast, in concert with AV8, and has moved our domain hosting without apparent incident. Email hosting also is moving. The entire transition may be done by the time of our meeting.

6. OTHER ITEMS 

TREASURER’S REPORT – MAY 2013

A. 2012-13 Approved Budget: Oct 1 – April 30 Financials - tables attached

• FOR THE SEVEN MONTHS ENDED ON APRIL 30TH INCOME WAS $80,426; THIS WAS $21,600 MORE THAN PROJECTED. EXPENSES TOTALED $59,079, WHICH WAS $2,500 LESS THAN ANTICIPATED. NET INCOME WAS $21,347– $23,100 MORE THAN PROJECTED. NLNA BENEFITTED FROM HIGHER THAN ANTICIPATED DONATIONS, FUNDRAISING AND GRANTS, AND FROM LOWER THAN EXPECTED ADMINISTRATIVE AND MAINTENANCE EXPENSES; COMBINED, THESE OFFSET SOME UNANTICIPATED CAPITAL, UTILITIES, INSURANCE AND FUNDRAISING EXPENSES.
• SIGNIFICANT VARIATIONS FROM BUDGETED PROJECTIONS DURING THE FIRST SEVEN MONTHS INCLUDED THE FOLOWING:

1. INCOME FROM FUNDRAISING ACTIVITIES IS $13,200 ABOVE BUDGETED LEVELS. SIGNIFICANTLY, THE $31,200 THAT HAS BEEN RAISED CONSTITUTES MORE THAN 80% OF THE AMOUNT BUDGETED FOR THE ENTIRE YEAR. MOST OF THIS IS FROM THE ANNUAL APPEAL, WHICH BROUGHT IN JUST OVER $18,700, MORE THAN DOUBLE THE AMOUNT BUDGETED. THE WINTERFEST BROUGHT IN $7,300, $3,300 MORE THAN EXPECTED, WHILE LIBERTY LANDS’ REVENUE NOW TOTALS $7,300, EXCEEDING EXPECTATIONS BY ABOUT $4,200; $1,900 WAS EARNED FROM THE FALL FEST, $2,500 FROM CITY ACTIVITIES FUND GRANTS AND $1,800 FROM RENTALS. FINALLY, NLNA RECEIVED AN UNEXPECTED DONATION FROM THE UNITED WAY OF $4,635. IN TOTAL, INCOME RECEIVED DURING THE FIRST SEVEN MONTH TOTALS NEARLY 75% OF THE AMOUNT ANTICIPATED FOR THE ENTIRE YEAR.
2. SPENDING FOR ADMINISTRATIVE SUPPORT, MAINTENANCE AND SUPPLIES WAS LOWER THAN BUDGETED BY ALMOST $7,200. ALMOST $1,600 OF THIS GAP RELATES TO PARKS’ MAINTENANCE SO IT IS EXPECTED THAT THIS WILL NARROW ONCE THE WARMER WEATHER ARRIVES.
3. THESE AMOUNTS WERE PARTIALLY OFFSET BY UNBUDGETED SPENDING OF: ALMOST $800 FOR A NEW ALARM SYSTEM; $500 FOR ADDITIONAL HVAC IN THE COMMERCIAL RENTAL SPACE; NEARLY $1,100 FOR PRIOR YEAR LIBERTY LANDS UTILITIES’ COSTS; $800 IN ADDITIONAL INSURANCE COSTS AND ABOUT $1,000 IN FUNDRAISING COSTS.

B. Accounting Services

• OUR NEW ACCOUNTANT, JOE BRUNNER, A PRINCIPAL IN THE FIRM OF FACTOROW, BARNETT AND BRUNNER, WAS ONSITE ON MAY 1ST TO GATHER THE FINANCIAL INFORMATION NECESSARY TO PREPARE OUR 2011-12 TAX RETURN AND FINANCIAL STATEMENT. AS PART OF THIS ACTIVITY MR. BRUNNER WORKED WITH LARA AND ME TO ASSURE THAT THE FINANCIAL DATA IN QUICKBOOKS IS CURRENT AND APPROPRIATELY REFLECTIVE OF ALL FINANCIAL ACTIVITY THAT OCCURRED FROM OCTOBER 2011 TO PRESENT.

Election Committee

Election committee members are Rick Angeli, Chris Somers, Dolores Lyons, and Paula Gansky. We need one more person to volunteer.Below are the nominees and their status:For Vice-President: Don Phillips (waiting for statement)For Secretary: Janet Finegar (waiting for statement)For Board at large:Jack Cassidy (has not responded)Marnie Drames (accepted and sent statement)Rene Ermilio (has not responded)Monika Kreidie (did not meet the 3 meeting requirement)Katrina Mansfield (accepted and sent statement)Joe Mikuliak (has declined to serve at present)Sharon Richman (has declined to serve at present)Frank Robertson (accepted and sent statement)Barbara Saverino (has declined to serve at present)Logan Welde (has not responded)We requested their statements be sent in by Monday evening (today), so that the letter can be prepared to send out this week. Rick will be putting together the letter and statements.EC members will arrive at the CC at 6:30 on May 23rd to set up the room and the tables. 

FINANCE COMMITTEE

MEETING  April 16, 2013 - 7:00 PMPresent: S. Richman, D. Phillips, M. Coyne. F. BenavidesTopics DiscussedNLNA Insurance Policies:The Committee had previously discussed NLNA insurance needs and existing coverages.  Since the premiums seem quite high, we determined that it is important to “shop” the policies and to consider consolidating all (or several) policies with one broker/insurer to obtain discounts. NLNA has 4 policies totaling some $8,200.00 in premiums:1. Property, covering the community center and the mailbox store, brokered by Gannon and issued by Nationwide.2. General Liability, covering the Community Center, brokered by Gannon and issued by Lloyd’s.3. General Liability, covering Liberty Lands, brokered by Merz-Huber and issued by Scottsdale Insurance.4. Personal Liability, covering Directors & Officers, brokered by Philadelphia Indemnity and issued by Philadelphia Ins. Co.Of these, the immediate priority (for review) is the coverage for Liberty Lands (since the policy renews in May), although Janet has pointed out that because of the risks resulting from the playground, few (if any) insurance companies and brokers are likely offer coverage on the park. It was noted that the general liability policy for the Community Center has the same coverages and limits as those for Liberty Lands, yet LL’s premiums are somewhat lower. The suggestion is to call Mertz-Huber and find out whether they could also insure the CC and whether by consolidating these two policies under a single broker (and perhaps insurance company) we may get some benefits. We will also review all the remaining policies and see whether we can find better coverage/ better rates with various brokers. FB has volunteered to do this. Mike suggested we review the lease agreement of the garage/ store, (also consult with Ira) to determine whether the lease agreement specifies that the store has the obligation to put NLNA as a “named insured” under the store’s own liability policy.Spring Garden Greenway – Take Me To The River GrantThis item has also received previous discussion by the Committee. Last summer NLNA received a check from the DVRPC for $52,773.  These funds, together with just over $7,000 received from the TWU were apparently to be paid over by NLNA to the Philadelphia Authority for Industrial Development (PAID), which is an arm of the Philadelphia Industrial development Corporation (PIDC), for work completed on Madison Park. The problem is that we have only a two line invoice from PAID which provides no detail on the work billed, who approved such work, whether it is part of an approved scope and whether there is additional work to be completed/billed. While we have been led to believe the $60,117 billed by PAID is a final invoice, given the limited supporting documentation available to us we have not yet made payment.  Interestingly, we have not received any follow-up correspondence from PAID, PIDC or DVRPC either requesting payment or asking about the status of a payment. While we agree on the need to close out the grant, the Committee feels strongly that we have a fiduciary responsibility for these funds and cannot simply pay such a large sum of money without more details.  Steve and Mike will meet with Barbara Saverino, a former Board Member who is most familiar with this matter, to identify the steps necessary to resolve it.2012-13 BudgetSteve has developed some preliminary end-of-year budget projections (based on income and spending for the first six months). They show surplus income of $13,500 over what was budgeted, assuming remaining fundraising and rentals come in at budgeted levels.  Combined with slightly lower-than-budgeted expenses through the first six months and remaining expenses staying in line with budgeted projections, NLNA would end the year with a $14,500 positive balance.  Don pointed out that this is one of the few times in NLNA’s history with such positive financial results. The Committee believes these funds should be deposited into the reserve account.  We are guided by two concerns/principles – the need to attain suitable reserve levels recommended for non-profits and uncertainty over our future income and property tax liabilities. On a related note, Steve confirmed that we have an extension from the IRS (to May 15^th) for filing our tax return, and that our accountant is confident that he can meet this deadline.The meeting was adjourned at about 8:00 PM.

ZONING COMMITTEE

Monday 4/29/13

Members present: Larry Freedman (chair), Charlie Abdo, Chris Isaacson, Joe Mikuliak, Sharon Richman, Michael Simon, Ira Upin, Jonathan Sher,Members absent: Tim McDonald834 N. 4th Street – Roland Kassis – ICMX: Return visit to discuss change to approved plan. Discussion: The original variance stipulated that all of the building would be demolished to make way for a 4-story building (commercial on 1st floor with 3 floors above on each of 3 floors) on this combination of 5 lots creating an “L” shaped property. Instead, the back lot along Leithgow was sold off and home(s) were erected. The main building was never demolished, leaving an “L” shaped cinderblock wall about 12’-15’ high. At this time the builder does not want to demolish the existing building. He hasn’t decided exactly what he wants to do with the property, but he doesn’t want to demolish it now (could use it as an office for his business and add 2 stories above it). The house(s) on the back part of the lot cannot get a Certificate of Occupancy until the existing wall, a party wall, is demolished. The existing variance does not provide for a partial demolition of the wall. To compound the problem, the neighbor has a deeded right of way even though the current building was erected on top of it. The neighbors want their easement to go from their back yard to Leithgow. This is clearly a legal matter and it was suggested that the neighbor have a survey of their property completed because surveys supersede deeds.Motion (Joe) 2nd (Chris): Vote (7-0) We were told that the previous variance included demolition which would restore an easement. At the present time, we cannot support the change to the previous variance. Please resolve the issue of this easement before returning to the Zoning Committee with a specific proposal for 834 N. 4th Street if a variance is required.538 N. 4th Street (Del Rossi’s Cheesesteak Co.) – Michael Frank: To discuss redesign for wall wrap. Last appeared on 2/25 with a sketch of a 58’ wide “vintage” scene with a prominent Coca Cola logo at which time the committee made several suggestions to help focus on a theme for the next iteration. Discussion: The “redesigned” sign presented was similar to the previous iteration except for the deletion of the store phone number. It was suggested that the commercial aspect of the signage should be reduced and the “vintage” aspects be the focus.Group Motion: Vote (7-0) We like the general design but prefer it to look less like a sign and more like a mural. Please remove the phone number and the Coca Cola logo. Add the word “Cheesesteak” to follow “Del Rossi’s” but do not include “Co.” There is no need to return to the Zoning Committee. Additional questions can be directed to the committee chair.914 N. 2nd Street – Jason Evenchick – CMX2: A proposal for a restaurant and liquor license. Discussion: Delphine and Jason Evenchik described their current restaurants (Vintage Wine Bar & Bistro at 13th & Walnut), Time – Restaurant, Whiskey Bar and Tap Room in Center city and Growlers Bar, Kitchen and Living Room in Bella Vista). The garage door at the front of the building will become a glass garage door. There will be 3 distinct areas in the restaurant – indoor seating, bar seating and an outdoor seating area in a “garden” atmosphere with trees and greenery. No smoking will be permitted in the outdoor area. Food is large tapas style and entrees. The façade of the building will be a painted mural. The indoor area provides for a stage at the back of the restaurant for jazz music. A liquor license would have to be obtained. Trash and recycling would be in an enclosed room in front of the south of the building. The concern is what could happen if this restaurant failed and the next restaurant/bar/music venue becomes untenable. Sound escaping the building and “light music” and general noisy customers in the outside dining area could become a nuisance to the next door neighbor with windows overlooking the courtyard along the common 14’ wall. [The neighbor was present.]Motion (Joe) – 2nd (Jon): Vote (7-0) Thank you for your presentation. We require more information about the restaurant at 914 N. 2nd Street. Please return to the Zoning committee with more detailed drawings showing all areas of the facility. Include dimensions, a façade elevation and site plan including all existing neighbors. At the present time, we have several concerns and suggestions. Please respond to the following at your next presentation: 1) This will be primarily a restaurant use. All other uses are accessory, and it will not be a banquet/catering, dance or concert hall. 2) Noise in the outdoor area could be problematic. Consider partial covering of the rear outdoor area, 1/3 of the area or other sound mitigation systems. No music at all in outdoor area or on 2nd Street. We agreed with your suggested outdoor hours until 10 p.m. Sunday through Thursday and midnight on Friday and Saturday. (Indoor dining would continue until 1 a.m.) 3) Secure an adequate loading zone (8 a.m. – 4 p.m.) in front of building for all deliveries and trash pick-up. 4) Maintain an area inside for customer to wait for tables. 5) Garage door on 2nd Street will not be open after 10 p.m., 7 days/week. 6) Maximum capacity should not exceed your suggestion of 79 inside, 17 at the bar and 50 people outside at tables and other seating (no standing room outside). 7) No valet pick-up or drop-off on west side of 2nd Street. We look forward to seeing you again. 708 N. 2nd Street – Patty Perlstein – ICMX2: Return visit to discuss additions to café use. Previous Motion: (7-0) We conditionally support your proposal for Layalena Café with the following provisos: - Hours of operation shall be: Sunday - Thursday 7 a.m. – 10 p.m. Friday and Saturday 7 a.m. – 11 p.m. - Maximum capacity will be 24. - Deliveries cannot be made after 9 p.m. - The backyard access/easement cannot be used for trash, smoking, storage, egress or anything other than access for the tenants to the 2nd floor residence. - Sound, including music, cannot escape the premises. - Trash/recycling must be removed at least 5 times each week, after 9 a.m. and before 9 p.m. The trash must be removed through the restaurant for pick-up on 2nd Street, without using the Fairmount Street easement. No trash cans can be left on 2nd Street or Fairmount Street waiting for pick-up. - A return visit to the Zoning Committee would be necessary to apply for the addition of any non-food related activities. Discussion: As required in the previous conditional approval, this visit was for a request for the use of hookahs to the eating establishment. There would be a maximum of 6 hookahs (12 people) at a given time.Group Motion: Vote (7-0) We support the request as follows: - Hookah use is considered an accessory to the main function as a restaurant. - There will be a limit of 6 hookahs in use at any one time. As a follow up to the previous appearance, the restaurant agreed to put an alarm on the back door that would only be used as an egress in the event of an emergency. 

Tuesday 4/30/13

Members present: Larry Freedman (chair), Charlie Abdo, Chris Isaacson, Joe Mikuliak, Sharon Richman, Ira Upin, Jonathan Sher,Members absent: Tim McDonald, Michael Simon129 W. Laurel Street – Orest Poslusznyj – CMX1, RSA-5: Request for outdoor seating for restaurant on New Market Street and on patio facing Laurel Street.  Previous Motion (6-0): Previously at 9/24/12 meeting requesting approval to expand the bar to the second floor and create outside seating on first floor. Approval was given with the following provisos: operation was limited to indoor use only; consideration for outdoor use would require a return visit; there will be no live music/entertainment (inside or out); music and other noise cannot escape into the street and disturb neighbors. Owner proposes the use of an 11’ high gate/door/wall of reclaimed metal framework with clear glass windows and a living plant wall to block the entrance to the patio fronting on Laurel Street and to abate potential noise. The middle of the three sections would be used as a door for the handicapped and as an emergency egress. Patio access will be from the inside of the restaurant. The patio will have a maximum of 24 seats but will likely only be 18 because the table nearest the adjacent neighbor’s wall will be eliminated and utility meters will eliminate another table. Although there was to be no live music, there would be speakers providing music to the patio, supposedly at 60-65 decibels. The New Market side would accommodate 8 tables for two on the sidewalk. (Tables are 24” wide.) The proposed hours of operation: Sun-Wed (11 a.m. – 11 p.m.); Thursday (4 p.m. – 12 p.m.); Saturday (11 a.m. – 12 p.m.) Outside areas would be closed at midnight. The windows along New Market Street would be open to the street but the owner wasn’t sure at what time they would be closed. No windows fronting on Laurel Street would be opened. There is no smoking permitted inside or outside the building. Staff is not permitted to smoke on the premises. The owner said he would be willing to further insulate the fixed windows on the property adjacent to the patio to abate noise nuisance for the neighbor. The owner also brought in a list of signatures from neighbors supporting the patio. The owner lives on the block. Discussion: Committee members expressed concern about allowing music in the patio area because of the potential for problems with any new owners playing loud music. A request for outdoor music at a different restaurant was not supported at a previous meeting.Motion (Joe) – 2nd (Jon): Vote (5-1-0) We offer conditional support for the outdoor patio seating on Laurel and outdoor seating on New Market St. with the following provisos: 1) We support the outdoor patio on Laurel Street with a 6-month temporary variance to allow for adjustments to any sound problems and to be able to reassess after that time period. 2) The Laurel Street patio has an 11’ high full barrier glass wall with a center door to remain closed at all times except for handicapped access and emergencies 3) There will be no outside bar 4) There will be no music outside 5) Windows will be closed at 10 p.m. every day 6) The patio will be emptied and closed at 10 p.m. Sunday through Thursday and at midnight Friday and Saturday 7) Seating capacity for the patio will be limited to 24 and the sidewalk will be limited to 16. Please return to the zoning Committee to review the extension of service to the patio and New Market Street sidewalk.933-37 N. Front Street – Herc Grigos/(David Perlman) I2: Return visit with proposal for 8-single family dwellings. Previous Motion (5-0): We do not support his project as proposed with homes perpendicular to Front Street. We prefer an arrangement with 3 larger houses at the front of the lot and 3 at the back of the lot with a drive through, or an apartment building, either of which would provide more of a presence on Front Street. Discussion: The original proposal was revised and redesigned to be 7 houses and not 8 houses. The first home along Front Street has many windows and with the entrance on Front Street there is now a major presence on Front Street. There is a 12’ walkway and planters along the front of all the homes. Parking is in the back of the houses with a gate at the driveway entrance. Cars enter and exit onto Front Street. Each house has a deck over the driveway (off the living/dining room) and one on the roof. There will be a pedestrian entrance from Canal Street.Motion (Charlie) – 2nd Ira; Vote (6-0) We support the plan as submitted. Please visit the Urban Design Committee with dimensional drawings, house materials, fencing materials and landscaping plans.504-06 Cambridge Street – Herc Grigos – RSA5: A proposal for two single family dwellings. The two houses proposed are the only north-south oriented homes on the otherwise east-west oriented block. By right, two 3-story houses could have been built, but because the lots are so small the builder is requesting a 3’ height variance to accommodate a 4th story (41’ height house + 9’ for pilot house). The smaller house would be 18’x26’ on an 18’x31’4” lot. The other house would be 14’9”x36’ on a 14’9”x54’ lot.Motion (Joe) – 2nd (Jon): Vote (6-0) We cannot support two undersized homes of this height on these lots. Please return with plans for one house with parking.310 Fairmount Avenue – Herc Grigos – ICMX: A proposal for a single family dwelling. This 3-bedroom proposal specifies a 42’4” high structure plus a 9’ pilot house, a one-car garage with entry/exit on Fairmount (existing curb cut), a 2nd floor deck off the kitchen, a balcony off the master bedroom and a rooftop deck. Entrance is on Galloway. The yard off the 1st floor is too small with the 2nd floor deck hanging over it. Discussion: Although there is no height limitation for this zoning category, we prefer that the builder adhere to the residential height of 38’. The next door neighbor expressed concern that the views from his large rear deck would be obscured by the height of this new home. His home is currently for sale.Group Motion : Vote (6-0) We do not support this project as proposed. We feel that since they are building a residence, they should abide by the 38’ height limit.