Be advised that proceedings are being recorded.
By participating, you acknowledge agreement to be recorded.
The video will be available by contacting tonyasunkett at phila.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To an appearance statement, call 267-270-5548.
Leave your email and the address of the property.
And finally, the question-answer box on the screen is not for comments or testimony.
Any comments should be directed to our Executive Director, Tanya Sunkin.
So let's look at continuances for this afternoon's hearings.
Number 13, MI-2022-003-749-261-South-24th Street.
This case is continued.
Are there any other, are there any comments relative to that case?
I see no handshare.
Can anybody hear me?
Pardon me?
Can anybody hear me?
I'm having a hard time.
We hear you.
I can't see anybody and I can't. You're pretty good, Carol.
I can't mute. You're perfect. I can't mute, unmute, or do anything.
I'm sorry. Go ahead, Keisha. Yes, I was going to suggest the same thing. Maybe you
can go out and come back in.
yeah that's what i i did and i just this is crazy
i keep coming back to this how do i get out oh wait up top keep saying that i have to cancel
this is insane this has never happened just try to hit that leave button and then um
Just try to hit that leave button and then click back onto your email link to get back onto Zoom.
Click back onto your email.
You may also wish to reboot your system.
So are there any comments relative to number 13 being continued in the virtual?
Do you see what's happening?
I have the whole calendar up now.
Oh, boy.
And I only see Bill.
No clue what is going on.
can you hear
she went out chair i think she's going to try to come back in okay
um to answer your question good afternoon this is patina l and i don't see any hands chair
okay thank you are there any other requests for continuance in the virtual audience
Mrs. Chair, we have Daniel Markhine.
Sir, please unmute yourself.
Can I be heard?
Sir, please unmute yourself.
Okay, could you state your name and spell?
I'm trying. I don't know how here.
Could you state your name and spell?
Name is Daniel. Can you hear me?
I can.
Okay, Daniel Markhine, M-A-R-K-I-N-D.
I'm an attorney at Flaster Greenberg at 1717 Art Street, 33rd floor, Philadelphia, 19103.
Sir, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
And you're here for case 7777 State Road?
I am, sir.
Do you want a continuance?
I request a continuance.
I've discussed this with Ms. Emerson this morning.
So MI-2022-003-815-777-State Road, that case is continued.
Thank you for calling in, sir.
Thank you, sir.
All right.
Any other requests for continuance?
Chair, we have David Orphanides.
Counsel, could you state your name and spell for the court reporter?
Certainly.
David Orphanides. Last name is spelled O-R-P-H-A-N-I-D-E-S. Right. Do you swear or affirm
to tell the truth, the whole truth, and nothing but the truth? I do. Case number one, 1400 South
Edding. Yes, sir. I'd like to request for a continuance with the attorney moving party.
Right. Okay. So MI-2022-004-227-1400 South Edding Street. That case is continued attorney moving parties. Thank you, Mr. Orfanides, for calling in.
Thank you. Have a great day.
Okay. Any other requests for continuance?
I see no handshare.
Okay. Okay. So we're going to go to our add-on list.
Mr. Chair, this is Hillary. I just want to interject briefly. We have multiple individuals
who have been testifying or asking if they can testify regarding cases on the list. I just wanted
to remind people, as you said in your opening, the question and answer box is not for giving
testimony. It is for asking questions. If you want to testify in a particular case,
please wait until that case is called and then raise your hand and the chair will recognize you
to speak during the public testimony portion of the presentation. Thank you. Thank you, counsel.
All right, so case number one, and we're at once. This is a request for reconsideration.
M-I-2022-003-148-1513-17 Pine Street, I vote yes to reconsideration and rehearing.
Thomas Holloman, my vote is no to reconsideration and rehearing.
Mr. Chair, I just got back on. Can you tell me what your vote was?
We're on number one on the add-on list. It's a request for reconsideration.
And you've already voted? How did you vote?
I voted yes. Yes.
Okay. It's a request for reconsideration. Okay. Carol Tenere, my vote is yes. I'm sorry about that problem.
No, no, no. You're fine. You're...
Mr. Chairman, do I have to repeat?
No, I think we have your vote time.
I thank you.
Jane Snell, my vote is yes to reconsideration and rehearing.
Yes, you know, I should hear.
My vote is yes to reconsideration and rehearing.
Number two, MI-2022-003-399-1716 North Bodine Street, I am yes to reconsideration and rehearing.
Number two, MI 2022-003.
Harold Tenneri, yes to reconsideration and rehearing.
Thomas Holloman, no to reconsideration and rehearing.
James Snell, yes to reconsideration and rehearing.
dismal shahi yes to reconsideration and re-hearing so number three mi 2022
001 709 1746 lombard street attorney is alfred fasadio this is a resumptive hearing
could the attorney please come on
and chair could you call the planning commission as well please oh yeah
Yeah, sure. Thank you. Planning Commission.
Good afternoon, Mr. Chairman. Alfred Fiscaldo for the applicant.
Could you state your name again and spell for the court reporter?
Sure. Alfred Fiscaldo, F as in Frank, U, S as in Sam, C, A, L, D as in David, O.
Right. Do you swear for him to tell the truth, the whole truth, nothing but the truth?
And, counsel, this will be testimony by the Planning Commission.
You get to make a statement, a follow-up, and then other than that, the record's closed, okay?
And then we'll vote.
Yes, sir.
Mr. Chair, sorry, I just wanted to note that we did receive a document from the Planning Commission
that they wanted to submit for evidence, which was a preliminary review of this application
that they provided to the applicant.
Thank you.
planning commission
thank you chair sarah bond planning commission s-a-r-a-h-b-a-n-h
you swear or affirm to tell the truth the whole truth and nothing but the truth
yes i do so this is a resumptive hearing you get a chance to make a statement
council will follow up and then other than that the records closed okay city planning commission
believes that the development enabled by the proposed variance is unlikely to cause detrimental
impacts beyond what normally might be expected. Therefore, we recommend that the Zoning Board grant
the variance. Thank you very much. Counsel? I have nothing else to add, Mr. Chairman. Okay.
Okay, so let me get the, give me the number here, let's see here.
So it's MI 2022-003-148-1513-17 Pine Street.
I vote.
Mr. Chair, they're different.
We're in Lombard.
Lombard Street.
I'm sorry.
It's 1746 Lombard Street, Mr. Chairman.
All right, I'm sorry.
Let me get back on my right page here.
Okay. MI 2022-001-709-1746 Lombard Street.
I vote yes with proviso. Revised plans, one page, stamped by ZBA on November 9th, 2022.
Carol Tenere, my vote is no. Thomas Holloman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
thank you and then mi number four thank you council by the way thank you number four mi
2022 003 302 320 west cheltenham avenue
so this is going to be a vote we already wrote on this we're going to vote with it
without the proviso it's myself Tom Holloman and Isabel I vote yes Mr. Chair I'm sorry two things
one I think you said 320 it's 300 West Sheltonham and it's you Mr. Holloman and Mr. Snell
okay you're right I thought I saw an IS you're right okay so my vote is yes Thomas Holloman
my vote is yes jane snell my vote is yes thank you we'll go to our regular list
number two mi 2022 003
Number two, MI-2022-003-750-715 West Cumberland Street.
Michael Mattione is the attorney.
Recommendation of support for 37th Ward RCO.
And also, applicant provided a letter of support from adjacent neighbors,
along with the petition in support signed by nine neighbors.
Mr. Mattione. Good afternoon Mr. Chairman. Could you state your name and spell for the court report
please? Sure. Michael Mattione. M-A-T-T-I-O-N-I. Right. Do you swear or affirm to tell the truth
the whole truth and nothing but the truth? I do. Could you identify your client in relationship
to the property? Sure. It's 715 to 17 West Cumberland LLC, and they are the owner of the
property, and Robert Sherman is with us today. Okay. Our vice chair has a few questions for you.
Yes. Hi, Mr. Matteone. Do you agree to waive the reading of the refusal and stipulate to its
accuracy? I do. Have you emailed the exhibit packet with proof of ownership tax compliance,
copy of the refusal or referral photos and or plans of the property five days in advance of
this hearing and have you met with the rco and do you have a letter yes to everything uh miss
canary okay great you may proceed and share your screen thank you thank you
okay um again i represent 715 to 17 west cumberland llc the owner of the property and
robert sherman the principal of the owner is with us as well as you can see we did submit
the requested documents in advance including tax clearance a revised refusal dated september 20th
2022 a support letter from the 37th ward rco so they support another support letter and petitions
from nearby neighbors the site plan floor plans renderings site photographs um this property is
zoned rm1 and the applicant is seeking to develop it as a multi-family project the property uh in
theory could be developed as a five unit project with 16 bedrooms or three bedrooms in every unit
but the community requested a different multifamily development.
Prior to filing the application, the developer walked around and met with the community members
and nearby neighbors, and they told him they wanted to have one-bedroom and studio units at
the property, rather than larger units. They wanted more smaller units. We had two separate
RCO meetings where this is what was requested, and the neighbors said that they were tired.
they had too many larger units being developed in the area. And this was making it difficult
on people to stay in the community. In addition to that, they requested that he have ADA accessible
units. So he has a fully accessible first floor with a wheelchair lift proposed, making the first
floor units accessible for older citizens. And with this, the neighbors fully supported the request
as is shown in the RCO support letter where we had 16 people in support
and three in opposition and one abstention.
Now we received the refusal because we are seeking 16 units where five are permitted
and we have 12.22% of open area where 20% is required.
When you look, you can see in the site photos, this is the property. It is a
long-standing vacant lot. There are several other vacant lots next to it.
And as you can see, the other property down here on Franklin Street has no windows facing us. So
this development will have no impact on light and air to the nearest neighbor on
Franklin Street another photo showing the site and other vacant properties that surround the site.
When you look at the nearest corner that is actually developed 701 West Cumberland
excuse me a block away you can see that that property has 100 percent lot coverage
we're seeking to have about 88 percent lot coverage so again this goes all the way back
it's the nearest property on the corner and they have 100% lot coverage with the new house being
built right behind them we we are proposing to have a rear yard on our property and as you can
see again our property we do have no windows in the property nearest to us as well again we're
Again, we're seeking, we're seeking, excuse me, I'm fighting a cold today, so I'm sorry.
seeking
But we're seeking to develop four units per floor on the lower level, we would have studios.