of Law submitted to the Board at Exhibit 12.
At this point, I would ask if the Administrator could look for Salam Barr to unmute him.
Do we see his hand?
yes sir salam bar has been allowed to speak salam could you please state your name and
spell for the corpse stenographer good morning everyone my name is salam bar that's s-a-l-a-a-m
b-a-r-r you swear or affirm to tell the truth the whole truth nothing but the truth
I affirm.
Please proceed, counsel.
Thank you.
Salaam, just very briefly, can you just briefly explain to the board why you purchased this property and your original vision for this redevelopment?
I was doing some other developments in the area, and I was doing marketing, and I came across the property in really bad shape.
I got in contact with Miss Janice, who I now call Mom Janice, put the property under contract
for $50,000. Then when I did some final numbers, I realized I felt like I was cheating her. So then
I increased it to $70,000 or $75,000. So we redid that contract. And that's how I actually
put the property. That's how I purchased it. And Salam, that purchase price was based on
your assumption based on your research at the time that this property was zoned RM1 to allow
for multifamily? Yes. And there was a developer who tried to, while I had it in running through
title, he offered me 110,000. He was going to tear it down. And this is when I had it
under contract for 50,000. And that's when I called her, increased it to 75,000 because
I felt like I was you know getting over on her but my whole intention was to put three families
there because of the zoning and he had planned on tearing the property down and then building
a triplex up and when you found out that it was re-zoned at some point in
And when you found out that it was rezoned at some point in likely 2023, did you at that point consider restoring it to a single family home?
And why did you determine that you had to proceed with this instant proposal?
Well, one, I never thought of going to a single because of the out of pocket money that I already spent from plans, the make safe, the clean out and things of that nature.
So at this point, I never well, even when I found out something, I think something that happened with my architect where he had got under the weather or and it took a little bit more time than it normally does for me to get my plans.
But once we got them and then he sent them in and I was denied based on the zoning change, you know, I was floored based on if I would have known that that had happened, I would not have done nearly as much as if I had done before based on what I was trying to do, thinking that it would be a triplex, if that makes sense.
thank you salam and have you heard all the other testimony and evidence that was offered in front
of the board today yes i have and would you agree that testimony was true and accurate and would you
adopt it as if it were your own yes i would thank you happy to answer any questions the board has
questions from the board uh yes what is on the other side of the property uh meredith is that
vacant lots on the other side it is yeah let me bring up the photographs you can see it more
clearly so it's it's a very large swath of vacant land it looks like most of the most of this land
is owned by pha okay all right thank you any other questions questions or comments from our attorney
None at this time, Mr. Chair
Questions or comments from the virtual audience
Yes, Chair
I have a hand up by the name of
Hakim Mohamed
They have been allowed to speak
Could you please state your name
and spell it for the court stenographer
Hakim Mohamed
Please unmute yourself so you can speak
okay chair they're still on mute maybe they are having technical difficulties
is there anyone else in the virtual audience yes chair i have a hand up by the name of anna weasel
they have been allowed to speak hi could you please state your name and spell for the course
stenographer anna weisel a nna w e i s e l you swear or firm to tell the truth the whole truth
nothing but the truth yes i do are you a neighbor yes sir please proceed i live across the street
from the property that is in question for this variance hearing uh i did have a quick question
actually can i believe the attorney mentioned it can you please remind us the date that the
rezoning occurred for your side of the street sure the rezoning the bill itself was passed
april 25th 2023 but it became effective earlier than that based on the city's rules so it would
have been effective february of 2023 understood thank you and can you respond again with when
i believe it's salam purchased the building he purchased it in august of 2022 so prior to that
occurring understood um i have questions about the actual extension into that rear
area um that house has been vacant for quite some time um and i believe that it was actually myself
who put in a petition to the city to have the building boarded up uh there were people who
were using it for probably ill-gotten reasons um and so in terms of an investment in the building
i feel like that is a little misleading um the building previous tenant had the house in a
different situation i understand uh until salam took presence of the building but the building
has sat vacant. The windows have been blown out. The building is secured from a first floor
standpoint, but it is falling into disrepair as shown in the photos. Converting this to a three
unit building, in my opinion, is against what the zoning shows of RSA 5. I understand that you
mentioned the building just south of you, which is 708, sorry, they were granted.
south of you, which is 708, sorry, they were granted a special variance to have the three
units, which is against their zoning. They changed their zoning for their building.
I will admit from the zoning ordinance that I saw after it occurred, I did not realize that it was
not also in that area to not have that. So the 708 address, as you stated, is the only one more
recently in the last few years that has been approved to have changed to a three-tenant
building. The area you pointed to the north of your site is actually owned partially by the
housing authority, but there are also multiple lots that are owned privately. The use, as is
shown in the photos, does not represent the ownership of those lots. In terms of proximity
to Lancaster Avenue. It is clear in terms of the zoning map that areas that are abutting Lancaster
Avenue show the CMX2 designation. And as it goes further away from the very commercial district,
it goes to a more standard single-family home style, which is found in the vicinity of these
buildings i i don't see how your three three unit building will necessarily improve what is there
today uh i if with that logic of the entire street and opposing side turning into more of an rm1
designation there would be much more tenants to the parking as stated as being very ample
uh i am a long-term owner of my home across the street and most other tenants in this area also
are of a single family origin
i apologize i was not i i guess the point what could we you're saying you're against this project
yes sir i was not able to be at the community hearing i apologize i was actually at a different
hearing for a very different project but okay thank you all right well well thank you for
taking the time to close um is there anyone else in the virtual audience
no chair i see no more hands at this time mr chairman may i briefly respond or would you
prefer that i wait until after the planning commission oh i maybe should go before the
planning commission thank you mr chairman with with all due respect um to the the neighbor i
I think her testimony actually made really supported why this variance is
warranted. You know, as Salam mentioned,
he purchases property with a full plan in mind of redeveloping it.
And due to factors entirely outside of his control,
he was not able to do that.
And that is ultimately why the property has continued to sit in the
condition that he found it in. He didn't put it in that condition.
And he certainly took steps that were required by the city to at least render it safe for it to continue to sit.
So, you know, ultimately, you know, I think that that her testimony really provides additional support for for why this variance truly is extraordinary for this property in light of the timing and everything that occurred here.
And in addition, she also mentioned the fact that the structure next door also was granted a variance for this exact kind of development.
So we certainly appreciate the concerns, but, you know, those concerns really do not, in this case, take away from the true hardships that face this property.
Planning Commission.
Hi, this is Meg Kavanaugh for Planning Commission staff.
I'm subbing in for 2PM staff.
Could you spell, state your name again and spell for the court stenographer?
Yeah, it's Meg, M-E-G, Cavanaugh, C-A-V-A-N-A-G-H.
Where are firm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
The comprehensive plan recommends no change to the RSA-5 residential single-family zoning at this location.
The city changed the zoning in Belmont in 2023 during a community-initiated map change.
there is no unique physical condition or circumstance of this property that would
prevent it from being used in conformance with the zoning code the city planning commission
recommends that the board deny the proposed use variance for three dwelling units um council
i'm going to hold this and it has nothing to do about like you being an officer of the court
i understand that and i i know you i know you would be be honest with us the council person
asked us to do this so i'm going to wait and what we're going to do is we'll we'll make sure
we get back to this as soon as we can okay thanks mr chairman if you wouldn't mind i
Thanks, Mr. Chairman. If you wouldn't mind, I would appreciate if you could put a time limit on it, because I have no idea when the West Belmont leader is going to be back on his duties. And I would appreciate if we could at least put a time limit on so that it doesn't just sit out indefinitely.
would appreciate if you could put a time limit on it because
So, I don't want to say two weeks, because we've got quite a few things I've already put for that. About three weeks.
That would be fine. We'll bring it back in three weeks.
It's closed for now, other than what we receive, and you will get a chance.
Everything's closed, but you will get a chance to respond to the RCO letter, okay?
Sounds great.
Thank you so much.
Thank you.
Mr. Chair, just to clarify for the record that that vote would be then October 30th at 2 p.m.
That's it.
Thank you very much.
Number 15, MI 2024-005-133-2901 South Hampton Street.
Stephen Pollack is the attorney.
There is unanimous support from the Parkwood Civic Association.
Vote was 77 to 0.
Letter of non-opposition from Council Member O'Neill.
And a letter of support from State Representative Martina White.
Mr. Pollack.
Do we see Mr. Pollock's hand?
Good evening, everybody.
You stole my line.
I wish the Phillies would be as prolific as a 77 to nothing score, but right now it's
Yeah, okay.
Right now it's the bottom of the second.
It's still nothing, nothing.
Okay. Could you please state your name and spell for the court's knock for Mr. Pollock?
Hey, Stephen Pollack, P.O., LLOCK, like the street in South Philadelphia.
I represent the applicant.
The owners of the property are 313 Associates, LLC.
The operational entity is BK and Sun, Inc.
I have with me Mr. Eric Kurtz, who is the principal of both entities, since it's owned by his family.
Hold on one more minute.
right? Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I do, Mr. Chairman. Our Vice Chair has a few questions
for you. Good afternoon, Counsel. Do you agree to
waive the reading of the refusal or stipulate to its accuracy? I do, Mr. Shahid.
Have you emailed in all the required documents and exhibits that's needed
and required to proceed with this case for our days in advance of this hearing?
I believe we have. Thank you, Counsel. Please proceed and share your screen.
thank you uh again mr chairman members of the board um which is my practice since as i said
i'm technologically challenged can i have andrew slutsky advance this so he can share
the screen on my behalf today sure that'd be great are we letting andrew in i think so
All he has to do is turn the screen on.
Andrew's going to share the screen.
I think he needs to be promoted to a panelist.
Yeah, I just have it.
It is loading.
And I now have access to share screen.
And share.
Here we go.
Okay, can I get confirmation?
That's all right.
Here we go.
It's up. We are up. So we have pre-marked exhibits A1 through A19, and I will, since the hour is late, and I know you still have a 330 list, I will dispense with reading everything into the record, and I will ask that the board incorporate all my exhibit lists, and then hopefully we'll accept all our documents as introduced, as presented, so therefore we will move on.
We have all your documents. Thank you.
Okay. This is a recycling facility, which I guess, depending on how you want to style it, the city looks at it as a junk dealer and a junkyard and building.
However, this is the Kurtz family has been next door at 2819 since 2007.
Then they moved to the current building in 2013 and have conducted for 11 years and the four years prior to the six years prior to that uninterrupted until recently there was an interpretation that they had to be they were considered to be a junk dealer.
They were considered to be a junk dealer. They are a recycler of non-furrous metals. They do not accept steel, iron, aluminum cans, or catalytic converters. Non-furrous metals, they don't take steel, and these are elements that are compounds found in the ground.
They are a recycler of non-furists.
So here's the building, as Exhibit 1, as Andrew shows you.
Then we'll go to 2.
This is in the Southampton Industrial Park up near the boulevard and Southampton Road where the armory is,
and a little bit north of where my favorite Nabisco used to be.
Here's a side yard with our adjacent property.
Another shot of the front of the building with a big setback.
Let's just rotate these.
Yeah, here we go.
And that shows that we will come clean. Martina White happens to be with her political, her state legislative office as a tenant in the front.
Go ahead, go back. And then what we do is we have scanners, cameras that take, go ahead, keep going, that take the, from contractors.
We have union contractors come. Because of our proximity to the industrial park, keep going through, we also have, we take the bullet butts from the police training facility that's right on Woodhaven Road.
We get from the glaziers who are in the park, as well as the tapers and painters, as well as from the apprentice program of the Steamfitters Local 420.
We get their waste materials that we can recycle.
So what we do is we do everything inside.
We're getting back to the rear where the property is, where the location of the business is, where those two doors are, the loading bays.
keep going just to show you
and you're going through all our
photos we're asking they'd be admitted
that's looking back towards Southampton
keep going
yeah keep going