I also have number four, MI-2022-002-822-6701 Rising Sun Avenue, Julio Tuxedo.
There is no, we have no documents for this project.
Is Julio available?
okay chair i'm sorry chair did you ask for someone in reference to that case yes i did
okay i have someone with the name roger santos well put him on i'll talk to him
mr santos please unmute yourself and wait for the chair
mr santos are you involved in 6701 rising sun avenue yes sir okay so we do not have any doc
exhibits for that this is the first listing the case is going to be continued okay thank you so
what i would recommend you do is you call the office and they'll help you on what documents
and how you need to get them to them. Okay. Okay. So Mr. Santos. Yeah. Sorry. This is Hillary. Mr.
Santos, what is your role in this case? Cause you are not the listed applicant.
Yes. So my dad is, he's a, I'm a translator for him. I'm the manager for the company.
Okay. So if your dad, your dad is going, unless he has an attorney, your dad will need to be the
one that presents. Um, and he will need to let the office know that he needs a translator. We
We cannot use family members or friends as translators.
We have to want us to be provided by the board.
Okay, thank you.
All right, thank you.
And number six, MI 2021-004-842-426 East Clearfield.
Maria Rodriguez is the owner.
We have no exhibits for that.
I see no hands, Chair.
Okay, so that case is continued.
And also MI-2022-002-908-740-44 South Street, that case is continued.
Are there any other requests for continuances?
I see no hands, Chair.
We're going to go to number one, MI-2022-002-916-1948 East Stella Street.
sean ward is the attorney letter of support from somerset neighbors for better living
mr ward is coming back in as a panelist
good afternoon mr ward good afternoon mr chairman sean ward on behalf of the owner applicant
Laura Crespo. My name is spelled S-H-A-W-N-W-A-R-D. Office address of 331 East Street Road,
Trevos, PA, 19053. Thank you. Do you swear, affirm, to tell the truth, the whole truth,
and nothing but the truth? I most certainly do. Our Vice Chair has a few questions.
Mr. Ward, do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do. Have you emailed the exhibit packet with proof of the ownership
tax compliance, refusal referral, photos under 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 all the above.
That's wonderful. You may proceed and share your screen, which you already have. Okay,
don't let my 143-page exhibit packet scare you, because it's not going to take that long to get
through this but i just wanted to document the file in case there was any questions um i do
represent laura crespo a long-time client and a friend uh her and her husband john uh they
own the property in 1948 east stella street uh which is the subject of today
John, you're muted.
john you're muted
I'm sorry. I don't know how that happened, but my cursor has been doing cursed things
for the last half hour. Again, I represent Laura Crespo and her husband John. Laura is the registered
record owner of 1948 East Seller Street, subject of today's hearing. I've submitted my typical
exhibit packet, which includes A1 as the notice of refusal. The application was for the documentation
of an existing five-family dwelling in an existing structure. Obviously, it was refused because the
use is not permitted in RSA 5, and therefore, we seek a confirmation of a use variance
for this property. Pardon me. A2 is the ZBA application. A3, project information form.
A4, proof of ownership. There are numerous deeds attached. The property was transferred several
times, but from Laura to her and her husband to Laura, but she has been the owner of this property
since at least 1987, as I see. A5 is proof of tax clearance. A6 is a location map. A7 is the deed
map. A8 are photographs, subject property, aerial views, street views, posting, and the interior
apartments. A9 is the RCO letter of support from Somerset Neighbors for Better Living.
A10, if submitted, I would ask that the district council person's letter be marked as A10.
I think the most relevant zoning history for the property that the board should be aware of is that the board vanted a variance for 1942 through 52, East Stella Street, for a lot consolidation of two lots into one, for the legalization of 10 apartments, five apartments in 1948 and five apartments in 1950, East Stella Street.
and contractor's storage, shed, garage in the rear.
A12 is the zoning map.
A13 is the aerial photograph.
So with regard to my brief comments,
the lot consolidation was never completed.
I know there was a deed recorded by Mrs. Crespo
from her to herself for both parcels,
but it was not a deed of consolidation.
It was just a deed conveying to herself the same properties she already owned.
So it remained two properties.
However, each had five apartments, which have been continuously occupied.
And the zoning history will show that 1950 East Snellich Street was used as a five-family dwelling since 1933.
And 1948 East Stella Street has been continuously used as a five apartment unit building since 1946.
The problem is a rental license for 1948 was incorrectly issued for three units at 1948.
We don't know how that happened.
And then trying to correct it, it was near impossible to figure it out, you know, by Ms. Crespo.
So to confirm the use and correct the rental license, licensing issuance told us we needed a new zoning permit for this property.
So and I would point out that they are well invested, especially on the 1900 block of East Dollar Street,
because these are the numerous properties that the Crespos own on that block, maintain, rent, and take care of.
So in the packet, obviously we have the exhibit packet, the application of appeal, the project information form,
my transmittal letter to the board filing the appeal, the numerous pages of deeds, you know, showing, you know, here it is, 1942-48.
so I don't want to waste the board's time. They're in the exhibit packet. If the board has any
questions with regards to any specific deed, I'd be more than happy to answer, but I think it's
well established that she's the owner of this property and has been for quite some time.
The next exhibit obviously is the proof of tax compliance paid through 2022.
The property is located on East Stella Street.
Sorry about that.
Yeah, it's located 1948 East Stella Street.
It's an adjoining property to 1950-52, and it's located just to the northwest of Emerald Street in the Kensington section.
and it's located just to the northwest of emerald street in the kensington section
as you can see the property is approximately 57 feet wide
fronting on east stella street a google aerial shows the two buildings together the one with
the tan the red brick in the front is the subject property 1950-52 is to the left
here's just another picture of the front of the property with the red dot on the front like
pointed out another shot shown 1950
my apologies to the board i have i have a green pirate partners meeting carol and there's a
traffic accident or some police fire emergency right down the street and they can't get here
But anyway, again, this is a picture of the fence, the posting.
And then we have some pictures of the interior staircase.
As you can see, it's got the fire extinguishers, pull stations.
I'm going crazy.
All right.
and then um hillary contacted me and said the board uh is uh you know appreciative of
interior photos of the uh the units so as you can see these were taken before it was occupied
but they're their file photos that the crestos keep
to show prospective tenants what the what the property looks like
first floor rear
second floor front
as you can see these are not new renovations but they are well maintained second floor rear
and then there's one unit on the third floor
this is the letter of support from Somerset neighbors there were 25 people attending the
meeting. There was a final vote of 16 to 1 in support of the application. They were well familiar
with the property and knew it had been used as such for the longest time. Again, reference to
the 2003 decision by the zoning board granting the variance for the lot consolidation and confirming
10 units, five in each. And the zoning history goes on and on and on. There's plenty of,
here's one uh from 19 wait it looks like oh that looks like oh three as you can see the present
use was five apartments here i'm sorry we'll go to uh five apartments in 1948 five apartments in
1950 the proposed use was 10 apartments in the consolidated building again the consolidation
never occurred. And then I want to go to page 120. As you can see, this is the permit from 1946
for 1948 East Stella Street. The stamps don't come through on the scan, but you can see it's
from 11-5-1946. And it was to convert a present three-story dwelling into five apartments.
uh so the first floor had two apartments second floor had two apartments third floor has one
exactly as it exists today so unless the board has anything else i don't want to waste your time
you've been uh diligent all day going through these but here's the zoning map and again my
typical area do you want to adopt your testimony with your client yes if laura could raise her
hands she is she is present if if not any in the interest of the judicial economy
thank you very much i did review everything i did review everything with her so questions from the
board and mr chair no mr chairman questions or comments from the virtual audience
I see no handshare.
Planning Commission.
Thank you, Mr. Chairman, and good evening.
David Fecto, City Planning Commission.
Mr. Chairman, members of the Board, the comprehensive plan recommends no change to the residential single-family zoning at this location.
Since this is a legalization of a currently nonconforming use of the property and the applicant is not expanding the nonconformity,
the City Planning Commission recommends the Board grant the use variance.
Thank you.
MI 2022, 002916, 1940 East Stella Street.
I vote yes.
Harold Tenere, my vote is yes.
Yes, my vote is yes.
Thank you, Mr. Ward.
Thank you, Mr. Ward.
Thank you.
Thank you so much. Have a great evening.
Okay, number three, MI 2021-004-665, 5832 Old York Road.
Lori Maislin is the attorney.
Joint meeting by Council Member Bass's office with Area RCOs.
Council Member Bass
provided meeting some reform
the board denied the request
for special exception
also received
a letter of opposition from Council
Woman Bass attached
Chair Maslin
oh sorry Chair
she's coming back in as a panelist
thank you
Ms. Nasling, you have to unmute yourself.
I did that.
I always forget to click that one.
And let me start video there.
How are you?
Could you state your name and spell it, please, for the court reporter?
It's Lori Hahn Maslin, L-O-R-I-H-A-H-N, and then M-A-S-L-I-N, no hyphen in the last name.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client in relationship to the property?
My clients are Andre Lane, Naheem Mohamed, and Taheem Jackson, and they have a lease with the property owner for 5830 through 32 Old York Road.
We have provided a copy of the lease as part of the exhibit packet.
So our vice chair has a few questions.
Hi. Good evening or good afternoon. Do you agree to waive the reading of the refusal
and stipulate to its accuracy? Yes. Have you emailed the exhibit packet with proof of ownership,
tax compliance, a 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. Okay,
great you may proceed and begin by sharing your screen okay i think i'm sharing
um hopefully these will open up and i will not have the same problems as mr levy
as you can see uh this is a referral unlike most of the cases that you've heard today
uh this is a referral this we have to you have to open it up it's not opening yes we still see your
files uh i'm showing it is sharing yes so you have to stop sharing first open the file that
you want us to see yeah okay that share screen button
and it should uh give you like a list of documents that's on your screen now just click on the one
that you want us to see. Okay. And then share screen. Did that do it? Yes. Yes. We're looking
at the refusal. Excellent. Okay. So it's going to be a little harder, but anyway, um, excuse me.
Uh, what we have here is a special exception, uh, unlike most of the other cases today,
which are variances. As a result this is looked at a little differently by the board. Basically
this is a use, it has been quantified because of the way the zoning code has been written
as a nightclub or private club. And what this really is, is it's not intended to be a nightclub.
It is more intended under the designation of nightclubs and private clubs, under the definition as more of a private club or a banquet hall.
And you will hear from Naim Mohamed, who is waiting to testify, that the purpose of this is to bring the community together to have events.
This is a property that will never have a liquor license.
as per the lease and the owner of the property, and I can bring that up, but you have it as part
of your packet. This property is not for the purposes of having a liquor license. It is not
for the purpose of having people in and drinking alcohol, you know, just because it's a bar or
in and drinking alcohol, you know, just because it's a bar or a nightclub and having people