Wait a minute. I'm good. I'm good. It wasn't on the internet. All right. We're good.
44? Yeah.
I'm probably clear. I'll pass it to you.
Good morning, everyone. My name is Bill Bergen, and I will be chairing this morning's
meeting of the Zoning Board of Adjustment. With me is our Vice Chair, Tanetta Graham.
Present, Mr. Chairman. Board Secretary, Cheryl L. Gaston.
Present, Mr. Chairman. Board Member, Michael Johns.
Present, Mr. Chairman.
Tai Nguyen.
Present, Mr. Chairman.
Also, here is our Attorney, Lynn Reuter-Huber, and also our Executive Director, Ian Haggerty.
This hearing is being recorded and will be posted on the ZBA website.
by participating you agree to be recorded this is the in-person meeting with remote participation
whether in person or on zoom if you're called to speak please state and spell your name then wait
to be sworn in once you've been sworn in please state your name each time before testifying
to enter an appearance indicate the property address on the zoom webinar speak with a staff
member call the zba office by the close of business tomorrow please call 215-686-2429
and please provide your name email and the address of the property in question
remote participation raise your virtual hand when directed to speak when we do call on you
please click the join as a panelist button use the q a only for procedural questions not the case
itself if you're joining by phone press star nine to raise your hand and star six to unmute
in-person attendance if testifying get close to the mic so that all attendees
and the court reporter can hear you no talking either drinking during the hearing
aggressive behavior will not be tolerated
in an emergency follow staff directions the main exit is the double doors at the rear
the nearest stairwell is to the left if we evacuate please go to love park and remain there
so that we can account for you so let's look at our schedule for today
number one mi 2025 003579 916 east chelton avenue that case is continued until 9 16 at 9 30 a.m
Number 4, MI 2025 004782 6021 Delancey Street, there is no exhibits for this.
this is the third listing auto pen properties justin felix is the listed applicant
no hands at this time so
so number four mi 2025 004 782 6021 delancey street that case i vote to dismiss
michael johns my vote is to dismiss charles gaston my vote is to dismiss tenetta graham
my vote is to dismiss tywin my vote is to dismiss number eight 1925 ontario street which is mi
2026 001 676 that case is continued until 10 21 at 9 30 a.m number 12
1260 north dover street which is mi2026 001 695 that case is continued until 9 16 at 9 30 a.m
number 15 4293 mantua avenue which is mi2026 001 737 that case is continued until 9 16
at 9 30 a.m number two mi 45 56 wayne avenue which is mi
4556 wayne avenue which is mi2025 003592 that case is continued until 9 16 at 9 30 a.m
and number three 84 843 north 42nd street which is mi2025 003639
That case is continued until 916 at 9.30 a.m.
Are there any other requests for continuance?
No hands at this time, Chair.
So let's go to our add-on cases.
Number one, MI 2026-000480-3251 Fox Street.
The vote on that has been rescheduled to Wednesday, August 26 at 9.30.
Number two, MI-2025-003-858-510-28 South A Street.
That case is continued until Wednesday, August 26th at 9.30 a.m.
We'll go to our regular list.
Number six, MI 2025, 007193, 1110 East Tioga Street, Joseph Vaccaro is the attorney.
We also have a Spanish interpreter.
They're being promoted to panelists.
Good morning.
Good morning, Mr. Vaccaro. Could you please state your name and spell for the stenographer?
Good morning. My name is Joseph Vaccaro, V-A-C-C-A-R-O, on behalf of Jorge Campo Verde, the applicant.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do. And just let the record reflect that Mr. Campo Verde is sitting to my right.
All right, good. Thank you very much.
Spanish interpreter?
Yes, my name is Stephen Aubain, last name spelled A-U-B-A-I-N, interpreter ID Y-M-288.
Do you swear or affirm that you interpret accurately, completely, and impartially from English to Spanish and from Spanish to English?
Yes, I do.
Thank you. Mr. Vaccaro, could you tell me what degree of interpret for the interpreter? How do we stand with this?
do we well i i could take it slowly one one or two sentences at a time and then mr camper verde he
can listen to the spanish interpretation okay all right okay all right sorry sorry to interrupt
chair this is ian hegarty uh mr vaquero i think uh the question is would you like this uh your
presentation to also be interpreted line by line um for the record or would you just like the
interpretation to be limited to questions from the board to your client and uh the disposition
of the case uh well if if the board is just going to if the board would be so kind as to accept my
testimony as an officer report then then we could be fine and then the interpretation could that be
limited to any questions that the board may have thank you mr vicaro thank you um an interpreter
I'm sure you heard that. So thank you. Our Vice Chair has a few questions, Joe.
Thank you. Good morning. Have you submitted your documents and exhibits five days in advance of
this hearing? Yes, I did. And do you waive the reading of the refusal and stipulate to its accuracy?
Yes, I do. Okay. Thank you. You can share your screen and proceed with your case. Okay. Thank
you very much um um um mr bergman do you see a deed on i do i do sir yep okay so we're sharing
and we're on the right page so jorge had purchased the property at 1110 east tayoga street on october
October 4th of 2018 as I'm showing as is shown on the deed and this is an
4th of 2018 as I'm showing as is shown on the deed
application to permit two-family household living as was indicated in the
refusal. He has his tax clearance which I'm showing to the board and going to
the refusal this is a transit oriented development overlay district which
which requires basically some sort of civic or institutional use on the first floor.
When Jorge had purchased the property, he had purchased it with two units, a first floor
unit and a second floor unit.
He discovered that he needed the zoning when he had a tenant on the first floor that was
no longer paying rent.
He needed to evict the tenant and he needed to have a second rental license which he was
not able to obtain until until such time as he gets the appropriate variance is
to permit to family household living which should lead to a second rental
license. I'm scrolling down through my exhibit packet so I could get to the
plans into the photographs of the property. So I'm showing you the plans. If I could,
scroll, there we go, make this a little bit smaller. We'll try to move this.
so this is a 15 foot wide building right in on a rectangular lot I could zoom in on the on the
units there would be a first floor unit with a basement floor plan which is on the left there
There would be a first floor plan, which is in the center, and a second floor plan.
And again, this is only an application for two units on the property, a first floor unit
and a second floor unit.
Each unit would be, each unit would have one bedroom.
I'm showing you the bedroom on the front of the first floor unit with a restroom and a
kitchen.
and the second floor would have a bedroom in the front area with a restroom, a second bedroom
in the back with a kitchen and living area. We have a letter of support. Twelve members of the
Harrogate Civic Association supported. Two members non-opposition and seven participants in the
meeting we're in opposition with as long as the applicant complies with
installing security cameras exploring solar and green energy options provides
additional lighting and continues cleaning the exterior of the property
these are all things that my client has absolutely no no problem or issue taking
on in fact he already has security cameras on the front of the property as
I'll show you in a few minutes as we scroll down through the exhibit packet and go into the photos.
Right now we're just zooming through the proof of mailing of the notice of the meeting to the
near neighbors and here's a satellite view of the property 110 East Tioga that's the property with
the dot. And as I said it's a rectangular property. Here's the front view of the
home. He's got security cameras. Here's a view of the hall. If I could zoom out a
little bit here's a here's another view of the staircase leading from the first
floor to the second floor view of the rear yard view of the first floor
kitchen here's the second floor kitchen
bedroom on the second floor the other bedroom another view of the bedroom restroom
living space another view of the security camera
this is in the basement which is only used for laundry nobody is living in the basement but I
don't even stop the end on a basement so I meant a la lavanderia correct only only only laundry
only only only laundry services for the tenants
services for the
heating units
here's the electric box for the first floor which is located on the first floor
and he's confirmed that each electric panel is located in each apartment
it and that concludes my exhibits and my uh presentation are there any questions from the
board so so what i'm going to do is have the interpreter um swearing your client and then you
will adopt your testimony okay okay could you ask you ask the person to please state your name
and spell for the stenographer.
Así que puede darnos su nombre y deletrarlo
para el reportero.
Jorge Campo Verde.
Habla fuerte.
Me escucha, es Jorge Campo Verde.
Y lo puede
deletrar, por favor.
J-O-R-G-E
C-A-M-P-O
B pequeña
E-R-D-E
So es Jorge Campo Verde
J-O-R-G-E
Campo, C-A-M-P-O, Verde, V-E-R-D-E.
Okay, all right, all right.
Okay, just, do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
Y Jury afirma decir la verdad, toda la verdad,
nada más que la verdad.
you don't have to adopt a testimony
mister vacaro yes i i i heard you mr bergman i said questions from the board yes can you show
photographs or do you have photographs of the two bedrooms that are in the basement
I understand that they were listed as storage, but they are both bedrooms, and in every photo you showed, the doors were closed.
Yeah, Mario, I'll just let the interpreter interpret the question first.
So the question of the board was, can you show the pictures of the two quarters that are in the sótano?
I understand that there is no one living there, but there are still two quarters in the sótano.
Can you show the pictures? Because the ones that showed the quarters are closed.
Let him answer Joe, please.
Sure, of course.
So I didn't take any photographs of the basement nor did I see any photographs there, but it's
all used as a storage space um because there's only one person living there can you pull up the
plans i guess my question then for either counselor or his client is are you opposed to a proviso
for no household living in the basement asi que mi pregunta entonces para su representante
para el cliente es que si se ponen a un proviso que indica que no se permitirá que vivan en el
sótano we have no objection to such a proviso why don't we let the interpreter answer that joe
así que si puede contestar esa pregunta
the interpreter will repeat the question usted se opone a que pongan una indicación
en la orden de que nadie puede vivir en el sotano no no no me pongo ahí no va a vivir nadie
so i don't oppose to it no one will live there say that again sir i i do not oppose to it i
okay because no one will live there all right thank you sorry you're getting into the floor
plans question yes i'm scrolling for them i'm scrolling for them
i'm looking for the floor plans mr johns one moment please here the here we are
i take it this is the page
yeah mr johnson yes uh-huh yeah i think you know to a board member wins point
Yeah, I think, you know, to a board member Wynn's point, you've got a full bathroom in the basement and a full bathroom on the first floor for one bedroom unit.
kind of bogus you've you called out for a storage room in the back with a full closet
and in the photos that do show the basement they show a refrigerator across from the washer and
dryer so i think that um it's hard to for me to believe that this is not that this is somehow
and attempt to go around the fact that board members said that.
Michael, why don't we let the interpreter tell him that?
Oh, I'm sorry. Yeah, I'm sorry.
I forgot we were interpreting.
That's okay.
Así que tiene un baño completo y en el sótano,
este tiene un baño completo y en la planta baja para la unidad del dormitorio.
Así que un poco raro, mencionaste que hay un cuarto de almacenamiento
en la parte trasera con un armario completo.
and in the photos where you see the sótano,
you can see a refrigerator in front of the refrigerator and the refrigerator.
So I think it's hard to believe that this is not an attempt
to try to make the streets to reach something.
And you can go ahead.
Yes, so that's...
I'm just making a statement.
I don't need... I'm just making a statement.
it does what it appears to me from looking at the plan it's a workaround it's a worker that's