Thank you.
chair we have 45 attendees and we can start as you wish good please let's start
good morning everyone my name is bill bergman and i will be chairing this morning's meetings
Before we begin, I have an announcement. Beginning with the December 4th hearings,
any documents or other information that parties wish to submit to the ZBA for hearings must be
submitted through the ZBA's new online upload tool, ZBA Case Document Submission. Information
how to access and use the submission tool will be included with hearing notices and zoning posters.
Please note that the applicant's documents are due five calendar days prior to the hearing.
Documents submitted and any other party should be submitted at least 48 hours prior to the hearing to allow sufficient time for processing.
In addition, the following information should continue to be submitted through email only, not through the upload tool.
request for continuances, withdrawals, reconsiderations, and amended refusals,
as well as request by attorney to enter or withdraw appearances.
If you have any questions about the ZBA case document submission tool,
please contact RCOZBA at phil.gov.
Thank you.
And with me today is Board Member Cheryl L. Gaston.
Present, Mr. Chairman.
Board member Tenetta Graham.
Chairman.
Board member Michael Johns.
Michael's here.
And board member Taya Witt.
Also present is our attorney, Hillary Emerson, and our executive director, Ian Haggerty.
Here's our virtual format.
Can you hear me?
We can, sir.
We hear you now.
We hear you loud and clear.
The proceedings are being recorded.
With your participation agreed to be recorded,
a video will be available by contacting
zbaexecutivedirector at philip.gov.
For our court stenographer,
we ask attorneys and witnesses
to identify themselves before testifying.
If you're participating by phone,
press star nine to raise your hand
and star six to unmute.
To enter an appearance statement,
call 267-270-5548.
Leave your email address and the address of the property in question.
And finally, the question answer box on the screen is not for testimony.
Any inquiry should be directed to ZBAexecutiveDirector at phil.gov.
Let's look at today's schedule.
Number three, MI 2024, 000929, 2450 North 30th Street. That case has been continued. Mark must
be heard. Number four, MI 2024-002-446-1715 North 56th Street. That case is continued.
Number five, MI 2024-002-461-532 North 10th Street. That case is continued. Number nine,
M.I. 2024-004-304-2001 Kinsey Street. That case is continued.
Number 10, M.I. 2024-004-305-1323 South Hancock Street. That case is continued.
And number 13, MI 2024-004-357-4540 Ridge Avenue.
0043574540 ridge avenue that case has been continued are there any other requests for continuances
good morning mr chair this is jason hand i will be your close for this session
i have a hand raised from evan gupta i have enough them to speak
morning devon
good morning counsel good morning can you hear me i can't could you please state your name is
spelled for the court stenographer yes devin ukda u d e v i n u q d a h you swear or affirm to tell
the truth the whole truth and nothing but the truth yes sir devin what what case this is 50
5218 Art Street, MI-2022-007-458.
So, Devin, this is the fifth listing.
We still do not have exhibits, Devin.
Yes, Chair.
I'm having some trouble getting in contact with the owner.
Can I ask for a continuance, and I will contact the board once I'm able to contact him to
see if he wants to move forward, or I'll be withdrawing?
uh devon i i all right we'll do that but you you need to contact the board as soon as you hear this
okay yes because we just can't go on with this case i mean and we still don't even know what
the case is about because we don't have any exhibits all right so i want you to take care
of this within the next week do you understand devon
counsel
yes can you hear me i'm saying yes yeah yeah sure do you understand we need to get this done okay
yes all right so mi 2022 007 458 52 18 r street cases continued mark must be heard
thank you is there any other requests for continuances
yeah sean whalen had their hand raised i would want them to speak
Good morning, Mr. Whalen.
Good morning, Chairman.
Could you state your name and spell for the court stenographer?
Certainly.
Sean Whalen, W-H-A-L-E-N.
You swear or affirm to tell the truth, the whole truth, and nothing but defeat?
Yes, I do.
What case, Mr. Whalen?
Number 14, 5101 Folsom, F-O-L-S-O-M Street.
Yes, sir.
I sent him a letter earlier this week advising the board. I've not been able to speak to my client since late summer, despite numerous attempts. And I have withdrawn my representation in this matter and another matter that I've been handling with him and sent him documentation of that.
but i don't know what he wants to do and i didn't hear back from the zoning board about how you
wanted to handle it so i figured i'd just jump on out of uh respect for the board to not waste
your time if you call so this is the first listing we have no exhibits correct we we have not been
able to meet with the rco we've done nothing because my client i haven't had any contact
with him in probably three months mr chair can we just see if there's anybody here i most certainly
again, Baldev Sohanta, Baldev Sohanta. And I also see where the council person is requested
to continue because the RCO has not had a meeting. Baldev Sohanta.
Mr. Whalen, I'm going to continue this one more time. If it doesn't appear, then we'll dismiss it.
okay okay and thank you for calling we appreciate of course would you like me to appear at the
continued hearing or am i excused uh mr whalen can you provide whatever contact information
you have um for for mr sujunta to the zba staff so that they can send the next hearing notice
directly to um to them of course i'll do so i understand they haven't been responsive but
just so they will send it to him
that will send the next notice to them directly.
I hope that board has better luck than I do.
Okay, thank you.
Thank you so much.
So number 14, MI 2024-004-360-5101,
Folsom, case is continued, Mark must be heard.
Any other requests for continuances?
I do not see any further.
Okay, so number two, MI 2023-002-438-7701 Gilbert Street. Jason Long is the listed applicant.
438-7701
Gilbert Street. Jason Long
is the listed applicant. Boston
Homes is the listed owner.
No exhibits.
Fourth listing.
No hands.
That's for this matter.
No hands.
No, sir.
Thank you. So
MI 2023-002-438-7701-Gilbert Street, fourth listing, no exhibits. I vote to dismiss.
Michael Jones.
Oh, go ahead, Michael.
Sorry, Michael Jones, my vote is to dismiss.
Cheryl Gaston, my vote is to dismiss.
Tynetta Graham, my vote is to dismiss.
Taya Wynn, my vote is to dismiss.
Thank you. Number 12, MI 2024-004-355, 1505 South 47th Street. Kim Yada Frazier is the owner,
applicant. No exhibits, first listing.
They've been allowed to speak.
good morning good morning um could you could you please state your name and spell for the
court sonographer kenyatta frazier k-i-m-y-a-t-t-a last name frazier f-r-a-z-i-e-r
you swear or affirm to tell the truth the whole truth and nothing but the truth
yes okay so um we do not have your exhibits as of yet and we also notice there's been no
RCO meeting. Could you give us an update of where you stand? I'm not clear where I stand. I'm not
clear on the instructions. It's a residential property, which I have previously did long-term
rental, and I wanted to start doing midterm rentals. So here's what you need to do. You need
to contact the office. They will tell you everything you need and how to submit it, okay?
Thank you very much.
So MI 2024-004-355-1505-South 47th Street, case is continued.
Number 16, MI 2024-004-379-2100 South Broad Street.
Roger Perry is the attorney.
No exhibits first listing.
CCM LLC is the listed owner, Mr. Perry, we see his hand, I'm sorry, Mr.
Chair, we do.
I do not see Mr. Perry.
All right.
Thank you.
So MI 2024-004-379-2100 South Broad Street, case is continuing, Mark must be heard.
And number 17, MI 2024-004-380-1914 North Lithgow Street.
Henry Smart is the owner applicant, and it's a pro se.
No exhibits, first listing.
May have been allowed to speak.
Henry Smart, H-E-N-R-Y-S-M-A-R-T
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, sir?
Mr. Smart, this is the first listing and we have no exhibits from you
Yeah, so similar to the previous person
It took me a minute to figure out your systems and to follow the instructions
The same paperwork was submitted, I think, twice before
But you should now have most of it in your portal
So what I want you to do is to call, call the office, go over with them, see what else you need to send in, okay?
Thank you very much, Mr. Smart.
So MI 2024-004-380-1914, North Lithgow Street.
The case is continued.
Mark must be heard.
Thank you.
We're going to go to our add-on list.
mi2024-004-287-5530 master street
i vote yes maximum two units no household living in basement michael johns my vote is yes
with proviso cheryl gaston my vote is yes with provisos
Tanetta Graham, my vote is yes with provisos
Tywin, my vote is yes with provisos
We're going to go to our regular list
We're starting with number 7
We're starting with number seven, MI 2024-004-299-7143 Edmond Street.
MI 2024-004
Jorge Fallu is the tenant applicant.
Hello?
They'll be rejoining us as a panelist.
Thank you very much.
Good morning.
Jorge Famu, please unmute and wait to be sworn in.
I'm here.
Good morning.
Could you turn your video on, please?
Yes, yes, I'm sorry
Good morning, could you state your name and spell for the court stenographer?
Yes, Jorge Falou
That's J-O-R-G-E
Last name Falou, F-A-L-U
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Okay, so this application is for use as artist studio and artisan industrial in an existing structure
The proposed use, artist duty, artesian industrial is prohibited in the RSA 3 zoning district.
So would you please start, share your screen and start your presentation, sir.
You say share my screen?
Yes, please.
Green button on the bottom.
i see i'm sorry share my screen documents uh what am i supposed to press
i'm gonna say share screen a little green dot