ZBA Hearing - September 16, 2020

your email address and the address of the property at issue. I'll repeat that as well.

To enter an appearance statement, call Google 267-270-5548 and leave your email address

and the address of the property at issue. With that said, we can begin, but before Vice Chair

Tenere calls our first case, we'd like to announce that the following matters are being continued.

Calendar number 39693, 6442, excuse me, 6442 Head Street.

Calendar number 39627, 4240 North Broad Street, Suite No. 2.

Calendar number 39489, 8835 Germantown Avenue.

MI-2020-000842, 623 North 36th Street, calendar number 40045, 3751 North Darien Street,

calendar number 49648-3114-Frankford Avenue, calendar number 39902-3240-North Front Street,

Calendar number 39307, 2504 East York Street, and MI-2020-0011117, 5901 Germantown Avenue, is being withdrawn.

At this time, I'll ask if anyone has any concerns about a case that was just listed to be continued or withdrawn to please raise your hand. And also, if you wish to, ask for a continuance or withdrawal, please raise your hand at this time also.

Here I have Sloan folks. Sloan folks, you can unmute yourself and prepare to be sworn in.

Good afternoon, Mr. Fulks. And you're still under oath from this morning, but please identify yourself for the record.

I'm sorry, Chairman Chico. I wasn't on this morning, but I will be sworn in.

I'm sorry, Mr. Richardson.

Sloan Fulks, S-L-O-A-N-E-F-S-A-F-I-R-O-L-K-S, Office of Counseling Maria Keylor Sanchez, Survival Waits to Go.

You swear and affirm to tell the truth, the whole truth, and nothing but the truth?

Yes, I do, sir.

Thank you. Please proceed.

Just, maybe I didn't hear it, but I'm a request. I thought it was an email to have the continuance for calendar number 39707-2900 North 4th Street continued. Is that being continued or is that being heard today?

Calendar number 39707-2900 North 4th. We have it down as being heard.

Okay, I sent a request for continuance. I don't have a letter from the community stating that they had a meeting with the applicants. If there is a letter from the community for the applicants, we can waive that.

um this is sharon saletta i believe we did receive a letter and the attorney on this case is

darlene three um i can send you a copy of that letter if you'd like yeah that would be great

Yeah, that would be great. Thank you very much.

thank you thank you very much non-opposition and that's we would sound a little

Non-opposition. And that's, it's on the list on case number five, so you'll have some time to

review it. Thank you, Kat. Thank you very much, Chairman. Thank you. You're welcome. Thank you.

Any other requests for continuance or withdrawals, or did anyone question a continuance that was

called on the record?

here i have a hand of jocelyn henry jocelyn you can unmute yourself and speak to a continuance

jocelyn please identify yourself spell your first and last name for the record

hello i am jocelyn henry j-a-r-s-h-l-y-n last name henry h-e-n-r-y i'm here representing

4642 hedge street your address ma'am 4642 hedge street do you swear and firm to tell the truth

the whole truth and nothing but the truth yes i do

i'm here to request zoning um rooming boards for the property this case was continued the first

case on your continuance chair yes yeah it was no exhibits no rco meeting and in case was uh at

that result of that councilwoman sanchez requested a continuance okay miss henry did you submit the

required documents that was on your yes you emailed the documents to sharon saletta

um i followed the i followed the sending out the paperwork to all the neighbors within the radius

and right but did you have a meeting with them no it was canceled so you can't go forward until

you have your meeting with the um rco as well as the instructions that's sent out with your

posters state that you must submit exhibits five days before the hearing to the rcozba at g um gmail

box as well as sharon saletta who's the attorney for the board and if that's not done then your

case will be continued so you can look for a new email where you'll get a new address

for your hearing okay i mean i'm sorry a new date for your hearing okay thank you have a good day

Thank you. Anyone else have any believe that a case was called in continuance in error or wish to ask for a continuance?

I have a Nadia Montez, I believe it states. You can unmute yourself and speak to a continuance.

Nadia, please identify yourself, spell your first and last name and give us your address.

are you there Nadia okay chair moving on I have hand raised attorney Darlene

three Darlene three you're allowed to speak to a continuance you can unmute

yourself mystery please identify yourself name and address

Sir, Alene, are you there?

Okay, sir, I guess we can move forward.

Thank you.

Carol, please call the first case.

Thank you.

Calendar number MI-2020-000870, 920 West Susquehanna Avenue.

The attorney is Alan Nockamson.

Mr. Nockamson, can you put your name and address on the record, please?

Yes, good afternoon, Madam Vice Chair, members of the board.

My name is Alan Nockamson of Nockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

Thank you. Do you swear or affirm to tell the truth and nothing but the truth?

I do.

And do you also agree to waive the reading of the refusal and stipulate to its accuracy?

I do. Thank you. You may proceed.

I do.

Thank you. You may proceed.

All right. In front of you is a packet of exhibits, which include eight of them. The first exhibit is the deed to the property, showing a golden rule, LLC, as the owner of 920 West Susquehanna Avenue.

This entity is actually owned by B2 Properties. I present often on behalf of B2 Properties. Just a little background information. B2 Properties is one of the largest residential home builders in the city of Philadelphia.

On average, they build approximately and sell approximately 100 units per year.

They're also known for their work product.

The last two years, the Philadelphia Inquirer actually has recognized them as developer of the year in the city of Philadelphia.

And they're looking to put a three-unit condominium building at 920 West Susquehanna Avenue.

you. The next exhibit I'm showing you is the tax clearance certificate showing that they're in

good standing with the city of Philadelphia. The only refusal we have here today is this is a CMX2

property. So technically, we're supposed to build a commercial unit on the first floor and then two

residential units on the upper floors. We're asking to switch out the commercial unit with

a residential unit to make this a three-unit condominium building.

And as you'll see, and here's our application for appeal with the ZBA, as you'll see with

the zoning map, this is a very multi-residential neighborhood.

We're at the corner here on Susquehanna, and you'll see a lot of CMX2 properties.

And the reason why I point that out is that if you look at the photographs of this part

in the neighborhood, and here's a photo of the vacant lot at 920 West Susquehanna Avenue,

you'll see at 912-18 West Susquehanna Avenue, like these same CMX2 properties are vacant lots.

And, you know, we believe that, you know, from a city planning perspective, it makes sense to

create the density within this part of the neighborhood. So then the commercial quarter

can grow strong. And, you know, we don't believe that, you know, this part of the neighborhood is

ready for any commercial use whatsoever, that, you know, you know, if we marketed it, there would

be no, there would be no market for that. And you can see down the block in 901 West

Tusquehanna Avenue, that the nearby CMX2 portion of, or the commercial portion of property is

vacant so again just this is the basic you know v2 properties um you know three unit condominium

building a brick facade you know try to emulate you know the red brick that is constant throughout

the city of philadelphia and then you know each floor has its own unit and the only issue we have

today we met with the community excuse me yeah could you go back to that uh slot right there

yeah okay yeah so each each each floor has its own uh uh unit right so here's the first floor

it's actually a bi-level then the second floor the second unit um is it's on its own floor and

then the third unit its own on its own floor uh so and a staircase on the basement unit the back

bedroom is that a stairwell uh that's a that's that's a window well along with a staircase that

leads to you know to the ground level as well okay yeah thank you so we actually had the pre

so we met with apm uh the coordinating rcl and we had a pre-community meeting with them and then

We had a community meeting with them last week.

I didn't really get much, you know, honestly, much pushback based on what we were proposing.

We're allowed three units as of right.

We're just asking to swap out the commercial unit with the residential.

And especially given, you know, what we're seeing in the neighborhood where there's a ton of vacant lots, there are CMX2 right across the street, down the block.

I didn't get much pushback on the pre-community meeting and the community meeting.

And after the community meeting, you know, we made multiple attempts to reach out to the community representative, and we haven't heard back from her.

And, you know, we got notices that she was on vacation.

We then reached out to the main number.

So we've left multiple phone messages and emails with the community group.

Honestly, I'd leave it up to the board to see how they would like to approach the situation. I know the board would like to hear from what the community group typically has to say, but given the dynamics of this property and quite honestly, every second, close to December 31st with the tax abatement program is scary to every one of my clients.

I'm hoping the board looks at the merits of this and given the silence of the community group to show they're in non-opposition of this project.

I talked to Ms. Saleta earlier today just to find out if the community group did provide a letter to the board and not to us.

And my understanding is that no letter was sent to the ZBA as well.

And they did know about the meeting.

I was just about to ask that same question.

Yeah.

Sharon and Tanya, nothing in the file?

I checked my email just a half hour ago, and there was nothing.

Do you have anyone else, Alan?

Yes, I have Bill Archer, the owner's representative.

Bill, can you virtually raise your hand?

Bill, you can unmute yourself.

Yep. Can you hear me now?

Yeah, Mr. Archer, please identify yourself, name and address.

Bill Archer, 130 Clover Lane, Perky-Omanville, Pennsylvania, 18094.

And you swear to the firm, tell the truth, the whole truth, and nothing but the truth?

Yes, sir.

Thank you.

Alan?

Yes.

Bill, what's your title with V2 Properties?

Managing Director.

Okay.

And you heard everything I stated today?

Yes.

And is it true and correct?

Yep.

Yes, it is.

And do you agree to adopt it as your own testimony?

Yes.

Okay.

Alan, has your client done development in this catchment area of APM?

Yes, they have on several occasions.

Sorry.

You wanted to add something?

No, just on several occasions.

And we've been up front of the board as well.

And we actually have another one at 920 French Street, which we also presented last week and we haven't heard back.

and i believe that's like the hearings later either this month or next month all right thank

you questions from the board no no anyone else anyone else wish to testify in this case if so

please raise your hand if you haven't already done so no hands at this time cheer thank you

planning commission and uh mr ivan iron is it ian ian where are you it's ian

ian please spell your first and last name for the stenographer it's i-a-n last name litwin l-i-t-w-i-n

here with the planning commission yes you swear and affirm to tell the truth the whole truth and

nothing but the truth yes i do thank you please proceed although this parcel is zoned cmx2 this

zoning has not been updated since 1933. Therefore, we have no objection to

granting the variance to allow all residential development. Thank you.

MI-2020-000870920 West Susquehanna Avenue. My vote is yes.

My vote is yes.

My vote is yes.

My vote is yes.

My vote is yes.

thank you you're welcome calendar number three nine nine four zero 66 37 germantown avenue

this is a referral uh the people applying are vernon g gardner and trepetta b mason they are the owners

and this proposal is for a takeout restaurant on the first floor with existing one family

dwelling above a referral requires a special exception this proposed use takeout restaurant

requires a special exception approval in the zone in this zoning district the

applicants for this case could you please raise your hand

You

Vernon Gardner and or Trepetta Mason, please raise your hand.

Okay, I have to.

Trepeta Mason, you've been promoted to panelists.

You can unmute your mic, share your screen as necessary, and wait to be sworn in.

Can you put your name and address on the record individually?

Yes.

We can hear you.

are you able to hear us yes oh yeah thank you we were we've been talking for a minute

our hands are raised sorry you have to keep raising no it was that was the blue hand that

you were supposed to raise so now you're fine you're going to give your first and last name

and spell it both of you yes okay my first name is trapeta uh t-r-a-p-e-t-a uh the last name is

mason m-a-y-s-o-n and do you swear or affirm to tell the truth and nothing but the truth

yes i do okay vernon you're next

get closer to the mic mr gardner get closer to the mic yeah let me turn this

V-E-R-N-O-N, Vernon, G-A-R-D-N-E-R, Gardner.

And do you swear or affirm to tell the truth and nothing but the truth?

Yes, I do.

Thank you.

You can present your case.

Okay.

Good afternoon, everyone.

Hi.

So I'm Tripita Mason, and we're presenting for 6637 Germantown Avenue.

So I can share my screen.

Okay. So today we are in front of you to discuss the point of getting a specialist exception to operate a takeout business at 6637 Germantown Avenue.

we had already scheduled our community meeting several months ago prior to COVID-19 and then

after COVID-19 we worked with our community organization Mount Erie Business Improvement

Association or the Mount Erie BID and as a result of that another meeting was rescheduled

so we sent our letters out to over 100 near neighbors including all of the other individuals