uh oh okay here you go and we have uh go ahead you want to finish oh who's one of its uh
representatives okay and we have a recommendation of support from east kensington neighbors
association a letter of none opposition from um council member squilla our vice chair has a few
questions good evening have you submitted your documents and exhibits five days in advance of
this hearing? Yes, we have. And do you waive the reading of the refusal and simply to
accept your seat? I do. All right. Thank you. You can show your screen and we'll see with the case.
I lost my
panelist. I need to be
promoted as a panelist again. We'll take care of that for you. Oh, wait. No, I am.
I'm sorry. I am. I'm sorry. There you go.
All right.
all right well we're in the middle of the presentation so let's get
all right let me just get to page one
okay let's try that one more time all right all right so we're here to present 2124 east
lehigh avenue uh you'll see uh that this is a dilapidated building that my client purchased
um not out of character to have multi-family nearby we're on lehigh avenue if anyone knows
this part of town having single family would be completely out of character
um and uh especially since we're located next door to i guess was last a salsa dancing venue
or venue i'm going to say venue but bar um but you know so it would be completely out of character
to have single family there uh so we have 12 exhibits and then at the conclusion my presentation
i would ask that fv be sworn in and i'll have a few questions for her rsa 5 property um but it's
a rather large lot of 1257 square feet we're asking for three family dwelling here as the
board knows from a building code perspective by having three family dwelling will be required to
And so I was actually surprised and Alex even said Bernie voted for this one, and he thought there was a lot in front of our projects so Bernie's pretty tough.
and so I was actually surprised and Alex even said Bernie voted for this one and he thought
there was undo because he will say what's the standard undo hardship and he this time found
on due hardship and he this time found in our favor so i'll use bernie as an example of you
in our favor so I'll use Bernie as an example
know what he thought of of us meeting our legal burden and then council member uh squilla also
sent a letter of non-opposition this is our petition uh again this is the dilapidated
property the next door neighbor to the right also wants this developed
and you know again we're across street from icmx there's some cmx2 again really out of character
to have single family right here and photographs of the property very pretty three-story structure
but you'll see the back end there is no structure essentially um this is zoning hearing notice
poster easily high avenue to the right of the property to the left of the property
does as you can see really wide street this would not be appropriate for single family use
existing conditions that's the rear of our property so and you know we we spoke to miss
emerson just making sure because this is only a use application but all we're doing is building
the wall back up um i just want to make sure that we're not going to be here a second time because
you know this is solely a use application she indicated if we're just building straight back up
we shouldn't have an issue in terms of of that Hillary says it it's then exactly it's what's
gospel there you go um so you can see the existing conditions it is really in need of some tlc to say
Middle East.
And it's good because FE is like good about taking care of or renovating some dilapidated
properties and there are some just examples.
One on Tasker Street and then another one on Granite Court as examples.
That one was not as bad.
And then Delancey Residence as well, and Bainbury Place as well, and, you know, so on and so on.
Straightforward, we've come up a common entryway.
We can make a right.
We have unit number one, which is a one-bedroom, one-bath buy level here.
We have the unit number one has a trash area in the back.
There's a washer and dryer in the lower level.
Instead of unit number one, you go up to unit number two, which is a two-bedroom, two-bath, and we have the washer and dryer back here.
We also have a ventilated trash area here, and then the third unit is on the third floor, and it has the same floor plan.
Ventilated trash area, washer and dryer are right here.
We met with the community on main third.
What else is in the basement?
Oh, there's a washer and dryer. It's just an open floor plan. Yeah. It's just an open floor plan. We would like to use that as a secondary office area, storage, things like that. But the only thing down there is the washer and dryer.
We met on May 13th with the community. We emailed that notice a few weeks beforehand to the community leaders, showing that we mailed that to 135 addresses that community noticed, list of the addresses, proof of mailing to those addresses, our application for zoning variance, project information form, notice of refusal, deeds of property showing central capital group, LLCs, the owner of the property, and then the certificate of tax clearance.
we actually have, we pay too much in taxes. I would ask that Effie be sworn in. Hi, Effie,
could you please state your name and spell for the stenographer? It's Effie. Get real close if
you can. It's Effie Chukowski. It's E-F-E-C-I-E-R-K-O-W-S-K-I. Do you swear or affirm to tell
the truth, the whole truth and nothing but the truth? Yes. Counsel? Effie, you heard everything
i had to state today about your zoning matter yes is it true and correct yes and do you adopt this
your own testimony yes i do specifically those pictures that i showed of the back of the property
those are current photographs yes they are and in order to do the work that you need to renovate
that property the minimum amount of units that you would really require are three yes correct
and and you also heard my testimony about what's next door regarding the previous use as as a bar
yes and also testimony regarding just lehigh avenue in general that it's not really a residential
block yes correct questions from the board yeah and i meant by the way residential block i meant
uh single family block yeah yeah can i just see the floor plans sure again please
can you see them do you want me to expand somewhere where where would you like me to
expand just like here uh here we go oops too much now i can't see them is that good or maybe i can
okay you want me to go slower through the floor plans
okay so you go through the front door right you make a right right you get an economy vegetable
area you make a right and then you come down a long hallway and you have a living room
and a kitchen area we just passed the bathroom right here as you can see the bathroom is
equidistant on the first floor between because I know your question right so what question is that
we don't know that what question we all have to we all have to go to the bathroom at night
and I get it and you were right next to the bedroom and if you fall asleep on the couch
you're right and and and I I'll say that here too the bathroom's right in the middle
basically you have the two bedrooms hugging the front of the property and then you're right near
the delivery room and the bathroom's right here and then it's the same floor plan right here
can't can't hear you sorry i don't know i'm sorry so the uh basement and this first floor is a bi
level it is a bi level the only thing down there like is it's it's the washer and dryer we would
like to use it for both storage and you know maybe a secondary office area okay all right thank you
all the questions questions or comments from our attorney not at this time questions or comments
from the virtual audience mr chair i do not see any hands raised planning commission amy boyd
with the planning commission the comprehensive plan recommends no change in zoning to the current rsa
five residential single family zoning at this location the appellant has not demonstrated that
there are unique physical conditions or circumstances that would prevent the
property from being used in conformity with the zoning code the planning commission recommends
that the board deny the requested variance for three family dwelling quickly um i did ask the
witness about showing the condition of property how it would not be feasible to have a single
family that the minimum amount of units would be three units and that if you look at the pictures
of the nearby properties it would be out of character given where we are on lehigh avenue
to have single family use mi2026 000 482 21 24 east lay i have no i vote yes michael johns my
vote is yes cheryl gaston my vote is yes tenetta graham my vote is yes ryan mcadams my vote is yes
I am when my vote is and now thanks for hanging around. We thank you. All right.
Thank you. We know you're not here. You see this late at night.
Yeah, that's fine. Thank you. All right. Sure.
Is there anyone in the audience who's that their 2 p.m. case has not been called?
Do not see any answer. We're going to head right into our 330 list and it's it's only 615.
so that's not bad good afternoon everyone my name is bill bergman and i will be chairing this meeting
of the zoning board of adjustment with me is our vice chair tenetta graham president mr chairman
our board secretary cheryl l gaston president mr chairman board member michael johns president
mr chairman board member tya winn president mr chairman board member ryan mcadams president mr
chairman also present is our attorney hold on i got a voice um lynn let me get a root or uber is it good
and our um zba director ian haggarty hearing is being um recorded and will be posted on the
ebay website by participating you consent to be recorded this is an in-person meeting with
remote capabilities whether in person or on zoom if you're called to speak
please state your name spell it and and then wait to be sworn in after you've been sworn in
in, you should identify yourself each time before test voting.
To enter an appearance, indicate the property address on your Zoom webinar, speak with a
on your zoom webinar speak with a staff member
STAFF MEMBER.
call the zba office by business by the end of business tomorrow 215-686-2429
and provide your name email and the address of the property in question remote capabilities
raise your virtual hand when directed so that we can call on you when we call on you make sure
that you click on the join as a panelist button use the Q&A for procedural issues only and not
cases and if you're joining by phone press star 9 to raise your hand and star 6 to unmute so
let's look at our schedule number one mi2025-005-975-2253 north 33rd street that case is continued
until 8-19-2026 at 3.30. Number two, MI 2025, 005-980-3400 Goodman Street. That case is
continued until 8-19-2026 at 3.30. Chairman? That's the date he gave me, I think. He just
date. Oh, he gave you different dates. Is that right? I'm sorry to interrupt, Mr. Chair. This
is Ian Hegarty, Executive Director. The continuing state for 3409 Goodman Street will be 819-2026
at 930 a.m. That's what I gave it. Oh, I'm sorry, 930. You're right, right. We moved it to 930.
so it's 8 19 20 26 9 30 a.m you're right thank you number three mi 2025 007 385 1304 west
huntington park um that's the first listing we have no exhibits um marion tobias is the listed
owner, and Marion M. Ambelow is the listed applicant. Any hands?
Good evening, Mr. Chair. This is Jason Hand. I will be your co-host for the session.
I do not see any hands raised, and I do not see the individuals in the virtual audience.
MI 2025 007 385 1304 West Hunting Park Avenue. That case is continued until 8 19 2026 at 330 and Mark must be heard.
Number four MI 2025 007 394 6417 Dorset Dorset Street.
owner is rose jute beren bernard is the listed owner pro se no exhibits first listing
once again mr chair i do not see that a person in my 20 25 007 394 64 17
door con street that cases can you continue to 8 19 20 26 at 3 30 and mark must be heard
case number five
mi 2026 000 574 51 12 willows willows avenue joseph
Consul is the attorney, and I believe there's another attorney who should be putting his hand up.
Eric Rosenfeld has their hand raised. They have been promoted to panels, Mr. Chair.
Mr. Consul, and what's the other lawyer's name?
Eric Rosenfeld. I see him.
Yes, I think I just checked in as panelists.
Mr. Consul, can you first state your name and spell it for a sonographer?
eric rosenfeld eric r-o-s-e-n f-e-l-d right do you swear or affirm to tell the truth the whole
truth and nothing but the truth i do could you identify your client a relationship to the
property it's uh michelle payne who is a neighbor and homeowner and objector
Okay. Mr. Consul, could you please state your name and spell it?
okay mr council could you please state your name and spell it
It's Joseph Consul, J-O-S-E-P-H, last name Consul, C-O-N-S-M-L-E.
You were sworn sometime way earlier this morning.
Yeah, here I am.
This is a resumptive hearing.
That's correct, Chair.
Yeah, well, Eric, do you want to make a comment to start this week?
I do. Thank you. And I appreciate the time here to speak. I would ask for a brief continuance
on my client. Oh, pardon me. Reconsideration. Okay. I'm sorry. I believe Eric's posing a
continuance request. No, console's not. Console's ready to go.
right here no i know that right right if you want to continue please state that sure yes um we are
seeking a continuance i was retained um i guess late this afternoon or mid-afternoon um in part
because uh uh michelle pain uh has been uh sick throughout uh the day progressively um i've you
know been tracking and she was at the doctor i have not been able to confirm uh when she will
be available. I don't know if she's still at the doctor's, but I have not had meaningful
opportunity to review given the change in development and retention, and I believe
a short continuance would be a reasonable request and be happy to respond to any other
concerns, but that would be my request today. And Mr. Counsel, your response?
We object to that. Ms. Payne put her objection on the record for a more onerous variance. We have lessened our request and we're granted the reconsideration. And we don't see why hiring an attorney at the 11th hour should delay further.
um this person has been i i'll just say bothering my clients in in a way that we feel is is
inappropriate and we believe that this is an attempt to just delay things further and i'll
leave it at that so we're going to go on with this tonight um and uh mr consul will start with
you uh is it my turn already chairman uh hillary has a preamble you should probably read you want
me to read the preamble before yeah sure
the evidence and testimony presented at the november 5th 2025 hearing in this matter are
included into the record for the hearing on re consideration
The scope of this hearing is limited to the protestant, the presentation of supplemental evidence and testimony only.
Okay. Joe.
Thank you. So I'm going to share my supplemental evidence and then describe it real quick.
So we were in front of the board for 5-112 Willows Avenue, my client Mark Pagano, and myself in November of last year.
To refresh everyone's memory, this is a 20-foot wide RSA 3 lot.
RSA 3 lots are 25-foot minimum by zoning code, so this is five feet smaller than that.
My client was attempting to build on this 20-foot lot without any sort of side yard.
RSA 3 requires an eight foot side yard.
We were trying to build building to building,
touching each of the two properties on the side.
The RCO was in support and emboldened by that,
we brought that in front of the board.
The board rejected that.
My client went back to the drawing board
and added a four foot side yard to that project.
So now it's a four foot side yard
and a 16 foot wide building,
which, you know, given the fact that this is not a full 25 foot wide RSA 3 lot, we believe
coming down to 16 feet is a completely reasonable compromise in order for my client to be able to
build and use this property as a single family home. So the variance before was no side yard
versus a required eight feet now we're seeking four feet to go four further
feet would require him to build a 12 foot wide property on an RSA 3 lot and
that's not not tenable we believe that four foot wide yard is appropriate here
uh wide yard is appropriate here and it'll be a semi-detached property which is appropriate