Draft – August 1, 2019 FCA Board written prior to the ZBA hearing using input from the June FCA meeting
This property is located in a residential area with homes on three sides and the operation of a sit-down restaurant needs to be sensitive to the residential environment. The nearby neighbors are concerned about excessive noise, strain on availability of street parking and that patrons/staff are respectful towards the neighbors.
In recognition of this, the following provisos should be included in the ZBA (Zoning Board of Adjustment) approval of zoning variances to operate a first floor sit-down restaurant with bar and a second floor banquet room at 741 N. 23rd Street.
September 10, 2019. Written by the near neighbors and shared at the Special meeting held September 12
Draft Community Benefit Agreement (CBA), Revision #3
This agreement is entered into by the Fairmount Civic Association, hereinafter referred to as “FCA,” and
Aspen Real Estate Holding, 2048 A Fairmount Avenue, Philadelphia, PA 19130, hereinafter referred to as “Owner(s).” The purpose of this agreement is to set out the conditions by which Owner(s) and any Tenant who shall rent 741 North 23rd Street from Owner(s) shall abide concerning the conduct of any dining establishment operating at said address.
FCA and Owner(s) agree to the following:
1) Owner(s) of 741 North 23rd Street CBA shall attach this CBA document to any lease of the property, and Owner(s) agree that they will enforce the terms of this agreement with any Tenant leasing the property.
2) Owner(s) and Tenant at 741 North 23rd Street will adhere to all relevant Philadelphia code provisions, regulations and rules, and engage with the neighborhood in a manner that promotes amity and good relations between residents and commercial tenants.
3) Tenant must adhere to Philadelphia code related to noise (http://www.nonoise.org/regulation/ordinance/Philadelphia,%20Pennsylvania.pdf), and Tenant must cease all noise at 10:00 PM weekdays and weekends.
4) Tenant is prohibited from setting up any outside audio-visual media.
5) Tenant must make all outside signage dark outside of hours of operation.
6) Tenant must not use the door at 23rd and Aspen or the door at 742 Croskey as a regular entryway or exit.
7) No customers/employees of Tenant are to access the 3rd floor/2nd floor roof deck from the prep kitchen or the storage area.
8) Tenant must remove trash in a manner consistent with the Philadelphia Code (https://www.phila.gov/media/20181003154610/Food_Regulations.pdf), and trash removal shall not take place prior to 8:00 AM. Tenant must dispose of oil in according to the requirements of the Philadelphia Department of Public Health and the Philadelphia Streets Department.
9) Tenant must on a daily basis or as frequently as necessary power-wash or otherwise thoroughly clean the outside sidewalk on the 23rd Street side and Aspen side of the property to avoid food and waste accumulation.
10) Tenant must adhere to all provisions of the Pennsylvania Clean Indoor Air Act (https://d3hyaksbtf7nqa.cloudfront.net/live/uploads/2016/06/Clean-Indoor-Air-Act.pdf). If Tenant permits smoking outdoors, Tenant must provide receptacles for appropriate disposal of tobacco and other smoking products per the Guidance from the Pennsylvania Department of Health (https://www.health.pa.gov/topics/programs/CIAA/Pages/Guidance.aspx). Tenant must clean sidewalk of smoking detritus on a daily basis if necessary.
September 12, 2019 Prepared by the SGCDC
The following provisions, in brief summary, are additional provisions found in the proposed joint draft Community Benefits Agreement (“CBA”) between the Spring Garden CDC (“SGCDC”), Fairmount Civic Association (“FCA”) and Aspen Real Estate Holdings, LLC (“Owner”). These provisions are in addition to the community defined provisions stated in Larry Reynolds FCA letter to the ZBA Board dated August 19, 2019 and the provisions found in Judy Greif and team’s document dated September 10, 2019. The provisions stated in both documents, by and large, have been incorporated into the joint draft Community Benefits Agreement (“CBA”):
We are pleased to announce a SPECIAL Meeting to discuss 741 N 23rd St Rembrandt’s/Frankie Ann’s) on Thursday, September 12 from 7:00 at the City School. A continuance was granted at the August 21st ZBA meeting until October. This meeting will be in addition to our regularly scheduled FCA meeting to be held on September 26. All neighbors are invited to attend to listen to the new plans that were presented at the ZBA hearing. Unfortunately the revised plan did not give the FCA sufficient opportunity to present to the neighborhood. We expect the lawyers and owners to be in attendance to present and answer questions. We also hope to enter into a “community agreement”. If you have any suggestions, please forward them to me at: president@
Minutes for the January and March 2019 Membership Meetings have been posted at http://www.fairmountcivicassociation.org/minutes/ .
Announcing the Winners of the 3rd Flowering Fronts of Fairmount Contest! We have broken out the winners into Large/Small categories because some homes have a larger space in front. Thank you to all the neighbors who entered, Doreen and Miriam for being our our volunteer judges and ACE Hardware and the FCA membership for supporting prizes.
1st: Efren Cazales – 2800 block Cambridge Street
Mary Ann Makary – 700 block of North 27th Street
Christina Sweeney – 700 block of North 26th Street
Barbara Augustine – 2500 block of Aspen Street
Fran Nachman – 700 block of North 27th Street
Alexander Davis – 2800 block of Cambridge Street
1st: Vanessa Tracey – 2300 block of Aspen Street
Jodi Rice – 2400 block of Meredith Street
Pedro Calingo – 2300 block of Aspen street
Cindy Ray – 2300 block of Perot Street
Jane Baumgardner – 2500 block of Meredith Street
Donald Glenn – 2500 block of Meredith Street
Thomas Kohn – 2200 block of Wallace Street
Norma Lyon – 700 block of North 22nd Street
Bev Keith – 700 block of North 22nd Street
Alcaterine Angelos – 800 block of N Pennock Street
Bert Zanck – 2500 block of Meredith Street