ZBA Hearing - April 5, 2023

Thank you.

Okay, Chair, we have 33 attendees, and we can start as you wish.

Good morning. My name is Bill Bergman, and I'm only chairing this morning's DBA hearings.

With me is our Vice Chair, Ismail Shaheed.

Present, Mr. Chairman.

Our Board Member, Thomas Holloman.

President, Mr. Chairman.

And our board member, James Snell.

He's here. He's muted, but Jim is here.

Also here is Hillary Emerson, our attorney.

And our executive director, Tanya Sunkett.

Here's our virtual format.

Be advised, the proceedings are being recorded.

A video will be available by contacting tonyasunkett at phila.gov.

For the benefit of our court sonographers, we ask attorneys and witnesses to identify themselves before testifying.

If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

To enter an appearance statement, call 267-270-5548. Leave your email and the address

of the property in question. And lastly, the question and answer box on the screen is not

for comments or testimony. All comments should be directed to our Executive Director, Tanya

something. Let's look at today's continuances. Number two, MI 2022-001-365-9212 Delaware Avenue,

that case is continued. Number six, MI 2022-001-362-9214 Delaware Avenue, that case is

continue. Number seven, MI 2022-001-359-9216 Delaware Avenue. Number nine, MI 2022-006-332-6142.

Excuse me, Mr. Chair. This is Hillary. Sorry, 9216 is also continued, correct? Yes. All right,

Thank you. Number nine, MI 2022 006332 6142 Tulip Street. That case is continued. Mark must be

tried. And number 11, MI 2022 001 367 9218 Delver Avenue. That case is continued. Is there anyone

in the audience has comments relative to the continuations that I just announced?

There is one hand up, Jennifer Bazidolo. Good morning. Good morning. Could you state your

name, please, and spell for the court reporter. Sure. My name is Jennifer Bazidlo, B-A-Z-Y-D-L-O.

Right. You swear we're firm to tell the truth, the whole truth, and nothing but the truth.

I do. Proceed. I just wanted to inform the board that for all of the Delaware Ave

cases 9-2, 1-2 through 18, I will be replacing Mr. Young as counsel as he has moved to a

um, city position, um, and is conflicted out. Thank you very much for, for calling in. We

appreciate that. Thanks. Are there any other requests for continuance?

Yes, there are two other hands up. Uh, Kitty, Tim, I'll have them speak first.

yeah i'll be doing some translation for miss kitty tam so this is for for case zp-2021-009418

that's zero zero nine four one eight well wait wait wait one minute what's the location

location is six one six north 11th street

one nine one two three

that's number yes that's number 13 on the list um we have no exhibits this is the fourth listing

and jeffrey young is listed as the attorney in this matter oh okay yeah so i i think that

wait one minute hillary can we use an interpreter that's not one of our interpreters no

i'm sorry she can't speak english uh if i need you what i want her i would please put her on

and would you please yes hi how are you sir all right do me a favor state your name

and spell for the court reporter my name's kitty 10 k-i-t-t-y last name 10 t-a-m

do you swear or firm to tell the truth the whole truth and nothing but the truth

do you swear to or affirm to tell the truth the whole truth nothing but the truth

yes okay so 616 north 11th street this is the fourth listing we have no exhibits

uh so this no no she she has to speak you you can't talk sir

and if she if she needs an interpreter we'll continue which you'll get an interpreter

I'm owner.

I know.

I'm aware.

But what I'm saying is we do not have any hearing.

The paperwork has not come in to us.

And this is Hillary.

Let me just interject here.

The property is also owned in the name of an LLC.

So you would need to be represented by an attorney.

but i also if i also recall that there was a tenant um at this property who is seeking

who's previously seeking the variance is that tenant still still seeking the variance

can yes yeah yeah no miss tam please miss tam is it is that miss miss cherry miss taliba cherry

yeah okay she's she

Go ahead.

Ms. Cherry, is there the tendons?

Okay.

She read the property.

Okay.

Was she not able to appear here today?

Or are you seeing the variance for her?

She not today.

So because my language is not very well,

so I will need to translate the help me.

Okay.

So attorney anyway, right, Hillary? Well, so the property owner would. I'm not sure how the property is being rented, if it's under Miss Cherry's name individually or if she's running it as a business.

She did have legal representation. That was Mr. Young previously. So I suspect she may need an attorney. So I think we will need to continue this matter.

so here we're going to continue this matter the next time it has to be tried if you have any

questions please call the office and they will help you get instructions okay okay so number 13

MI 2021 003 854 616 North 11th Street that case has been continued mark must be tried

Thank you. Are there any other requests for continuance?

Chair, we have a calling user phone number ending in three five five two.

Okay. Please unmute yourself and wait for the chair.

Could you state your name and spell please for the court reporter?

Calling user, please unmute yourself.

good morning can you hear me now yeah could you state your name please and spell it for the

court reporter yes adrian fernandez my last name is spelled f-e-r-n-a-n-d-e-z swanford

neighborhood parcels association rco all right do you swear for him to tell the truth the whole

truth nothing but the truth yes what case this is for 2601 west westmoreland street

we sent a letter in requesting a continuance um the first problem was that uh wait wait

um the first problem was that uh wait wait wait one minute i just want to find it first

one minute i just want to find it first

is it on this morning's list uh miss miss fernandez um are you referring to 1901 west

westmoreland street oh yeah i'm sorry 1901 west westmoreland street all right that's number 10

on the list mr chair um is mr anastasio in the in the courtroom or in the in the on the line

Yes, Chair. Mr. Anastasio, you're unmuted.

Good morning, Chair. Could you spell your name, please, and state it for the court reporter?

Good morning, Mr. Chair. Vern Anastasio. That's V-E-R-N. Last name is A-N-A-S-T-A-S-I-O.

Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

I do.

um could you give any of the reasons why you're requesting a continuance please

yeah i'm not i'm not no i know that no i'm talking to the woman that called in

okay um this is mr fernando speaking um the first reason was that uh we did not receive

a notice of public meeting before today's hearing as required and the second reason is um if there

was a meeting it seems like it was like a private meeting with unaffected addresses and we received

no meeting summary form as that's required within five days after that meeting also

i believe the rco coordinator was allegheny west foundation because the rco coordinator was changed

and that rco coordinator did not consult with all of the affected rcos as required

before scheduling a meeting, if there was one.

I did receive two emails from Calvary United

and also from North Central Philadelphia.

Those two affected RCOs also say

that they did not receive a notice of a public meeting.

I don't know if they're here today or not,

but they were emailing about that.

There was a CDR, and that was completed.

however um the uh required meeting before zba um we did not have notice of it and also neighbors

were asking us about the meeting because they seem not to know when this meeting was so we're asking

that the rules for public meeting be followed so that our rights as affected parties and affected

addresses are um you know maintained council mr chair i i respectfully uh object to a continuance

this case has been in the system now for about two years uh we've met with uh more than one rco

uh and we've done two uh we've done mailings i have proof of that of course through the vista

a secured concept system, sent us over evidence of the mailings being mailed.

We had at least two separate public meetings with two different RCOs, plus a private meeting

at the request of the first coordinating RCO before it was moved.

I believe all parties were present, including Ms. Fernandez, at least at one of them.

And, you know, the mailing was complete. We have a letter of of non-opposition, in fact, of support from the coordinating RCO.

Based on that letter, I believe Mr. Richardson will testify that the council member's office supports the position of the coordinating RCO.

I see no reason why we need to, again, bring this into a third year.

Okay. So, so case, this is case number 10, MI 2021, 003-722-1901 Westmoreland Street. The case is number 10 on the list. We'll go on. Okay. We will call it when it's in its line.

Mr. Chair, this is Hillary.

I just wanted to clarify for the record that when a case needs both CDR review as well as ZBA approval, only one public meeting is required.

And that is prior to the CDR committee review.

Once that meeting is held, there does not need to be a second public meeting for the zoning case.

So, with the zoning appeal.

That case will go on then today, okay?

Thank you.

Are there any other requests for continuance?

Chair, we have John Taylor.

Good morning, Mr. Taylor.

Could you state your name and spell for the court reporter?

I apologize.

I'm not requesting a continuance.

I just may have hit the chat button by accident.

Okay, fine.

Thank you, sir.

That's fine.

Any other requests for a continuance?

Any other requests for a continuance?

I see no hands, Chair.

I see no handshake.

I have case number 14, MI-2022-001-328-914 West Gerrard Avenue.

No exhibits, third listing.

Demetrius Ware is the enlisted applicant.

Any hands in the audience?

hi yeah all right hi could you state your name and spell please for the court reporter

demetrius where d-e-m-e-t-r-a-i-u-s-w-a-r-e where i have my partner with me wait a minute wait a

minute wait a minute do you swear or affirm to tell the truth the whole truth and nothing but

the truth yes we do not have any exhibits on file for you sir yes i did submit the exhibit no no no

i'm talking to mr mr ware mr ware i'm sorry all right that that was my partner i'm sorry

i i sent them in october the 7th so i've been sent the exhibits you know to uh not sure the

email address but i sent the man because that was the problem i had last time when i had to continue

okay hillary do we have no record of any exhibits yet i i don't have any um the last the last

hearing was 10 12 and we didn't have exhibits at that time um i have not seen anything come in

come in sense and if they were sent that far back we would need updated exhibits

um anyway with updated posting photos and an updated tax so so mr ware this this case is

going to be continued mark must be tried any questions any questions at all call the office

okay i sent them february the 6th i sent them again so i don't well but but you're going to

have to send updated exhibits to us sir we can uh check the rco um box and then we can um just

let you know chair if you want to just put this on hold real fast i have email hillary if they

were what mr ware wait a minute hillary if they were sent in october do we need updated

well if they were if they were sent right if they were sent in february they wouldn't have

probably received the posters yet so we would still need posting photos um i mean but that

if they could show us that you know now if they had that all right so here's what as long as

they're as long as they're complete otherwise but here's what we'll do we'll we'll put this on hold

and we'll wait to the end

and then we'll call it again.

Okay, Lakeisha?

Thank you, Chair.

And I'll have somebody check that.

Okay, good.

All right.

So let's go to our regular list.

We're going to start with number three.

MI 2022-006-334-1238 Distant Street.

Arlene Santiago is the owner.

It's a pro se.

The application is for the legalization

of an erection of fences

at the front and side lots. Sizes and locations are shown on the plans. No change to existing

family household living use. Good morning, Chair. Ms. Santiago, could you raise your hand, please?

She's coming back in as a panelist now, Chair. Thank you. We have letters of support from the

community on the rise and a letter of support from Council Member Phillips. Also, letters of

support from neighbor at 1238 distant. Ms. Santiago, could you state your name please and

spell for the court reporter? Ms. Santiago? Yes. Why could you state your name and spell it please

for the court reporter.

Arlene Garcia Santiago is A-R-L-Y-N.

Last name, Garcia Santiago, G-A-R-C-A,

Santiago, S-A-N-T-I-A-G-O.

Right.

Do you swear or affirm to tell the truth,

the whole truth and nothing but the truth?