Thank you. Good morning again, everyone. My name is Frank DiCicco. I'm the chair of the Zoning
Board of Adjustment. We have a quorum. I'm officially calling this session to order.
And the board members who are in attendance are Confessor Plaza, our board secretary,
Mr. Thomas Holloman, our board member, and Mr. James Snell, also our board member.
And we also have, and attending is our board administrator, Ms. Tanya Sunkit,
and our city solicitor Sharon Saleta. As you're probably aware today is our fourth week of
holding virtual hearings. While we may have to make some adjustments along the way our plan is
to call each case and basically proceed as we would have in a live hearing. We ask that attorneys
for the applicants or other interested parties identify themselves for the record when the case
you'll be participating is called. We will then hear the applicant's presentation followed by
any presentation by attorneys representing other parties. Interested parties and members of the
public, not represented by counsel, will then be given an opportunity to testify. We will finally
then hear from the recommendation of the Planning Commission. At the hearing's conclusion, the board
will either vote the matter immediately or hold it for discussion in executive session. Any case
held for discussion, will be voted on the record at the next regular scheduled August 12th, 9.30
a.m. morning session. A couple of changes related to the virtual format. First, we will be
administering oaths to individual participants prior to their testimony, rather than to the
room as a whole, since there is no room. Second, for the benefit of anyone participating by phone,
we ask that attorneys and witnesses identify themselves prior to speaking or testifying.
Third, we would like to advise everyone that this proceeding is being recorded and that by
participating you acknowledge your agreement to be recorded. We'll also remind everyone that
wishes to testify to raise your hand when your case is called. That way we'll be able to recognize
you and patch you in and tanya miss sunkett will give you the details on that uh soon as i finish
up with one more piece of work here please i'm asking we're asking the attorneys to please
limit your testimony to those issues that are extremely important to your case
it is a lot difficult getting through these hearings there's no fault of anyone but it's
just the matter in which this format we're using does take a little bit more time. So again,
we're asking you to limit your testimony to those issues that are necessary for the record.
Ms. Sunker, Tanya, would you want to give the folks the directions on how to call in and then
I'll go on with the cases? Yes, if you've reached us by telephone and you wish to testify,
then you would have to raise your hand to be acknowledged and when you raise your hand on
the phone you have to press star 9 and in order to unmute yourself when directed you will have
to press star 6. If anyone wishes to put in an appearance statement you can call a google voice
line to leave a message at 267-270-5548. Thank you, Chair. Thank you, Tanya. All right, I'll now
read off the list of continuances and withdrawals. Calendar number 38454, 106 Leverington Avenue is
withdrawn. Calendar number 38886-1737, that, let me start again, 1731-37 Washington Avenue
is withdrawn. Calendar number 39355-4206 Chester Avenue is withdrawn. Calendar number 38453-200
West Duncannon Avenue is continued, calendar number 37332, 2806 North Water
Street is continued, and calendar number 37198, 1600 Carpenter Street is also
being continued. Did I leave anything out, Tanya or Sharon, on the
continuance or withdrawals? No. Okay. We do have a couple. Yeah, I'm just going to ask you if anyone,
if there are any other requests for continuances or withdrawals, please raise your hand and
identify yourself. And also, if we called off any cases, any of the cases I just called
Any of the cases I just called as being withdrawn or continued were made in
as being withdrawn or continued were made in error, please know.
error, please let us know that also. Frank Garcia, are you here
regarding a continuance? You may unmute yourself and speak.
Yes, I was requesting a continuance for 2501 East Haggard Street.
So that's calendar number 38666.
2501 East Haggard Street.
I know.
I believe Adam
Laver is the attorney.
Are you, Mr. Garcia, representing
the applicant?
No, I'm a protestant.
I'm a neighbor a block
away within the
And we still have
not come to an agreement
the applicant's
attorney.
Frankly, due to the pandemic, there's been very little effort.
Hold on. Mr. Garcia, just just I'm sorry to interrupt. Is Mr. Laver available?
Yes. Good morning, Mr. Chairman and members of the board. Are you able to hear me?
Yeah. Just identify yourself, please.
Sure. Adam Laver of Blank Rome, One Logan Square on behalf of the applicant. Mr. Chairman.
And do you swear and affirm to tell the truth, the whole truth and nothing but the truth?
Yes, Mr. Chairman, I do.
Thank you.
It doesn't look like I have video privileges, but I'll continue speaking without.
As the board may recall, we had a very full and complete hearing in this matter just prior to the local outbreak of the pandemic on March 11th.
At the conclusion of that lengthy hearing, the board requested that we continue to meet with ORCA, the recognized community organization, and we have been in discussions with Rosemary Thomas, who I believe is with us today.
I don't know Mr. Garcia specifically, but based on my recollection, he did not enter his appearance on March 11th at the initial hearing.
Accordingly, I would respectfully submit to the board that based on the limited nature of this additional hearing,
Mr. Garcia, with all due respect, should not be permitted to offer testimony to that.
You mentioned the lady who was from Orca.
Rose Thomas is the president.
I was in touch with her as recently as about 10 minutes ago.
Ms. Rosemary Thomas, I see your name.
Would you please identify yourself with a record?
Hi, Rosemary Thomas, president of the Old Richmond Civic Association.
Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
All right.
I assume you've heard the conversation from Mr. Garcia and also from Mr. Laver.
I have.
What is the position of ORCA regarding a continuance?
um i we just adam mr labor and i have been working together with the last few days
to finalize a cba for our board to review and we just received it um at like 9 18 this morning so
our board has not had a chance to fully review it yet um i don't know if a continuance i don't want
to continue this for months, but I do think a small amount of time for our board to properly
review the CBA would be appreciated. Would it be acceptable if we heard the case
and hold the decision for one or two weeks? What's the shortest amount of time you can
get a consensus from the board? Mr. Chairman, I believe the case has already been heard. It was
heard on march 11th it was only i'm sorry he did say that yeah i apologize the issue as i understand
it mr chairman members of the board to come back before the board with an update on our efforts to
address candidly what are non-zoning issues but legitimate community issues outside of the zoning
spectrum concerning environmental uh matters concerning the demolition of the former industrial
real site. And that is my understanding of the limited nature of this follow-up hearing today.
Everything that Ms. Thomas said is accurate. Unfortunately, as things often happen with
As things often happen with hearings and ongoing negotiations, we've been working back and forth.
I had actually been in touch with Ms. Saleta as counsel for the board as a procedural courtesy to let her know recently that, unfortunately, I did not think that we were going to be able to reach an agreement.
I suspect from my last conversation with Ms. Thomas this morning that we are in agreement on all issues, perhaps with the exception of one, and I am concerned about further delays to the hearing, but certainly committed in every respect to trying to work this out.
okay why don't we do this uh we'll hold this for one week we'll make a decision next wednesday
uh 9 30 a.m august the 12th
thank you mr chairman all right so calendar number thank you thank you for your time calendar number
three eight six six six two five oh one that's three five east haggard is being held for discussion
for one week. It'll be voted on next Wednesday, August the 12th at 930 a.m. Mr. Chairman, for
clarification for Ms. Thomas and anyone else who's participating, is it the board's expectation
or desire that we reappear to speak, or will the decision be made at that time on the record
without testimony? Unless there's something new and different to add or some issue, I don't think
we need to meet, you need to testify again. We'll just vote. If you have any changes,
Ms. Thomas, as well, just forward those concerns to the board. Understood. Thank you for the
clarification. Thank you. Thank you. All right. Any other requests for continuances or withdrawals?
We do have Jeffrey Young. Jeffrey, you've been allowed to speak. Unmute yourself and testify.
Good morning, members of the board. My name is Jeffrey Young, address 3900 Ford Road, Suite B, Philadelphia PA 19131. I'm here to enter my appearance on the record for appeal number 37198, 1600 Carpenter Street.
We understand that there's going to be a continuance.
I represent Protestants in this particular matter, a near neighbor and a community organization.
And we are, you know, just as one of my parents on the record, and we are, you know, in support
of the continuance.
Thank you, Mr. Young.
Good to hear you.
Okay, calendar number.
We already read that in as a continuance.
Okay, thank you.
anyone else who wishes to enter a continuance or withdrawal, or did we call a continuance or
withdrawal an error? Please raise your hand at this time. I have someone here with the name of
Nancy Nugent. Nancy, you can now speak. Nancy, Ms. Nugent, would you please spell your name for
the record identify yourself name and address my name is nancy wynn n-a-n-c-y-n-g-u-y-e-n
i'm the executive director of viet lead 320 west oregon avenue philadelphia 19145
i'm speaking as a protestant on the continued appeal for 1600 carpenter i have a couple of
questions. This appeal has been, this is the second continuance that has been granted for this
property. I would like to understand what is the process. The first continuance was given over a
year ago. The developer never met with community organizations to adjust their plan as was
requested by the ZBA board. Can you explain what the process is here on out? We're unclear on how
to move forward with the developer that doesn't want to negotiate or work with us or the neighbors.
Can I speak to this for a moment? The board was prepared to go forward with this.
However, we received a request for a continuance not only from the developer,
but from SOSNA, the community organization. And I think based on that, the combination of the
uh appellant and the community organization that's the reason it was given another continuance
will is the process that how many continuances are generally granted can you kind of give us
a sense of that there is no set rule on that really there's no set
There is no set rule on that, really.
There's no set rule, but what we could do is when the continuance will give a date, whatever date works for all parties, and say must be heard.
That would be very helpful, Chairman Chico, just because we've been organizing around this for a year now.
We've been trying to get this meeting to happen.
I understand that Sazna did request a continuance.
partially it was because you know they also want to see the plans adjusted you know this has been
a huge problem for us because the businesses have been closed you know now we're under this pandemic
I feel like we need a little bit more direction from the board to force a hand for the for
streamlined to actually readjust its plans in a you know in communication with community members
who are being impacted. Understood. And Ms. Sunkit will come up with a date. Maybe, Tanya,
we can give them a date a little further out than we typically would. I remember this case. It was
very controversial, I do recall. But we'll give you a date, and it'll be a must-be-heard date.
Thank you. I appreciate that. Thank you. I would suggest that all those who appeared for this case
still um use the number and put in an appearance to ensure that you get notification how do i put
in an appearance sorry this is i've never done this virtually the number i gave at the beginning
okay we'll confer with our with our with uh jeffrey thank you yes i gave a number at the
beginning i also emailed it to jeffrey yesterday and he can always reach out to me for assistance
as he always does. Thank you. Okay, thank you. Anyone else, Tanya? Yes, we do have
Madeline Shacumba. Ms. Shacumba, are you here regarding a continuance? If so, you can now speak.
Can you hear me? Yes, Madeline, please identify yourselves by your name.
Madeline Shikumba, M-A-D-E-L-I-N-E, Shikumba, S-H-I-K-O-M-B-A.
I'm here to speak on half of 1600 Carpenter Street.
Well, you may have heard we're going to continue that.
I understand that.
I understand that you're going to continue it, okay?
I just want to point out the fact of what Ms. Lynn had said to you about the developer not willing to come forward to negotiate with us, okay?
So I sent a continuance, but they did not even consult with me about the continuance
because I have been trying, I've been working with the, Ms. Newman and the neighbors concerning
this matter over a period of time since we have been in this thing.
And I feel so, over the years.
Shacumba, I hear you.
You heard, we're going to continue.
It's going to be a must be heard.
all right just knowing the development comes forward and willingly that's that's all that's
that's between the developer and your your organization and the sasna thank you
anyone else tanya
no chair you can move forward thank you all right uh first case
Calendar number 39373, 1401 North 5th Street.
Excuse me, Chairman.
We were going to go back to 50, to Wall Street.
I'm sorry.
This is with Rachel?
Yeah, I apologize.
I'm sorry.
So that was, I know I've made a note somewhere over here.
I'm working in cramped quarters.
Rachel?
rachel you can unmute yourself and speak good morning everyone um please identify yourself
as a record for rachel pritzker r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r pritzker law group 1635
market street suite 1600 philadelphia pa 19103 i represent the applicant uh the owner of 5230
Walnut Street. And this is, this was a record was held open, correct? Yeah, the community group had
requested, in addition with the council office, had requested a continuance or this be held so
that they could convene another meeting. I assume that Max is here from the council office. I was