yes hello hello can you put your name and address on the record please and spell your last name
Yes, Jermaine Harris. Good morning, Jermaine Harris, counsel for the applicant.
And my address is 100 South Broad Street, 100 South Broad Street, Suite 1523.
And the spelling of your last name?
H-A-R-R-I-S.
Do you swear off him to tell the whole truth and nothing but the truth?
Do you also read the reading of the refusal and stipulate to its accuracy?
I do. I would just only submit that it's a referral instead of a refusal.
Have you emailed the exhibit packet with proof of 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. And I believe all of those were submitted to five days in advance.
Okay, thank you. You may proceed.
Yes. Good morning, board members. Again, my name is Jermaine Harris, and this is an application for a
And this is a application for a personal home care for 5727 Windsor Street.
We're seeking to use the home health care. We're seeking to use the building first and second floor as that.
and uh it's four bedrooms and we are seeking well it's three bedrooms one of the bedrooms uh
the main bedroom would have two residents the other two bedrooms would have uh resonance for
those so it'll be a total excuse me excuse me counselor do you have any pictures or drawings
Yes, I do. Let me see, share the screen.
Trying to figure it out.
Can you see my screen now?
Okay. All right. Let me just find the, let me just get the pictures.
Just bear with me one moment, please.
I did submit it in my packet.
But let me just...
that that was a support letter hold on i'm getting the other uh
Okay, here we go.
I'm sorry. Can I interject a question, please, Chair?
Mr. Harris, was the exhibit package was emailed to the RCO email box?
it was it was I have it was emailed on Friday
I just opened up the email it was it was open it was email Friday afternoon
okay I just don't see it so that's why I'm asking if I can if you can just confirm with
the email so I can see it I just don't see it thank you I can I have the email open that I sent
and i can uh close it i can close my share screen and uh tell you the exact time of when it was sent
okay you can do it at the end you can do it at the end of the presentation thank you kindly
okay all right so
so this is a front of the building uh which has the posting uh you guys can see my screen can you
see my screen? Yeah, but could you rotate it, please? Okay. There you go. We got it now. Thank
you. Well, we got to rotate. That's good. Okay. Let's continue.
okay one more time there you go we got it now
all right so this is the entire front of the house and
And this is the kitchen area of the building.
of the building.
This is the common area of the building.
Upside down again.
okay this is this is uh the front bedroom where it would be two residents in there let me get the
this is the middle room right here
Rotate.
This is the back room.
This room also has a fire escape as well for the residents in case of a fire.
and this is
this is part of the fire escape from the back bedroom
and there's an exit
okay this is also a continuation of
that exit as well. I also have attached the plans of the building.
I don't know why it's not trying to get it right side up.
it's upside down but essentially these are the plans of uh the particular building
but essentially what we're uh like I said what my client is seeking to do
is have this used as a home health care uh facility there would be a staff member
that would be on site at all times and this is not this wasn't refused by the by LNI this is
something that is permitted to be but it just needs confirmation from the zoning board so it
wasn't an outright refusal. There was a letter of support by the Southwest CDC, and we, after
two RCO meetings, and they didn't have any objections to it. They did ask for a proviso
that this personal home health care that it be used only for four able bodies of 55 years
old and above sleeping on a second floor that the first floor is to be used only for common
area use and yes that's it so what we're asking for we've also attached the tax clearance
let's show that we've attached to collect the tax clearance the deed
for the property indicating ownership of the property. So we would ask that in light of the
support uh by the community that this uh that this special exception be granted. Thank you.
questions from the board no no anyone else would like to testify in this case please raise your
hand I do have and just for the record I do have my client here we'll get we'll get to that in a
minutes sir okay all right your client uh i don't know if she yeah i i don't i don't know if she
plans on um what's her name yeah i don't know if she plans on uh what is your client your client's
name oh i'm sorry francellia stewart mrs stewart are you available
oh i'm sorry francellius stewart ms stewart are you available if so please raise your hand
mr chair would i have a benevolent uh pch with the hand raised at this time
and they work with miss stewart okay are they the applicants uh they aren't the
applicants but they would be working with this we only need the applicant at the moment if not
if she's not available uh you being an officer of court will stipulate she would have adopted
your testimony um planning commission i'm sorry chair yep if i could request um
the craig meladocian is available oh okay sorry about that i've allowed them to speak uh miss
Mr. Melodosian, please identify yourself, spell your name, and I'll swear you in.
Mr. Melodosian, you can unmute yourself and speak now.
Craig, C-R-A-I-G, Melodosian, M-E-L-I-D-O-S-I-A-N.
Cynthia Ryan from Southwest CDC, who is our coordinating RCO, is in a staff meeting and I am able to attend at this time.
While we do support.
Mr. Melodossian, I'm sorry.
You swear for him to tell the truth, the whole truth, nothing but the truth?
Thank you.
What I wanted to speak to specifically were the terms of the proviso as counsel did not go through all of them.
We agree that it's for four able-bodied senior citizens, 55 years old and above.
The nature of that, those two block faces are RSA 5 with longtime homeowners.
And one of the concepts was that they would be able to age.
This would be a facility to allow them to age in place or to continue with the peaceful enjoyment of the homes they currently own.
There are no CMX properties at either end of the block.
Council was correct in terms of the layout of the first floor basement was restricted to staff use only laundry equipment and utilities, the operator agreed that all residents will be absent from the facility between 9am and 5pm Monday through Friday for employment, or to attend senior citizen programming, accepting legal holidays.
I'm not sure if this can be included as part of the proviso, but the operator indicated that she will arrange for clients' transportation to off-site daytime senior programming.
So the issue was we welcome this facility, but we don't want people, the neighbors, our understanding is the neighbors do not want residents remaining in the facility all day, hanging out on the front porch.
And again, that it would be age restricted to 55 and above.
I don't know if any of those are enforceable.
Ms. Cole, do you have any opinion on that?
I am unclear at this time.
I doubt all of them are, though.
I'm sorry, Chair, this is Tanya, as usual.
No, they're not.
They're not enforceable.
Figured out.
I just wanted to double-check.
Thank you.
Thank you, Mr. Milagosia.
May I?
Well, I would ask then that we have a continuance
so that we can go back to the participating RCOs
to let them know that, in fact, this PROVISA was not acceptable
and that they construct alternative plans.
We are in support of it.
I know that you don't consider community benefits agreements,
but we would look to have a contract with the operator and the community
because the expectation is that it's age-restricted.
tanya would you suggest just a straight out continuance or a resumption
um chair actually um the it wouldn't be necessary for continuance the case was already
presented um it's your call however anything related to zoning has been presented um and
discussed so those provisals are not zoning related so it could not be enforced by lni
Therefore, if they request maybe a week or two to have a discussion for a community benefits agreement and then a vote on the record, then it's up to you.
However, all zoning information has been presented.
Yeah, and I guess that was our position also is that all the zoning issues have been presented.
have been presented, we can certainly convene with the zoning. We can certainly convene with the RCO, but
We can certainly convene with the zoning.
the evidence has been presented, and we will request that we proceed with that.
So, Sonja, you're suggesting a resumption?
I'm sorry.
it's your call chair however a resumption would only be necessary should they have to read
anything else into the record as far as a letter is concerned but the only problem is the provisals
which are not enforceable by lni so it's really not a zoning matter any longer it's just them
deciding on a community benefits agreement if that's clear to you how do we what do we do put
it's your call chair if i could make a recommendation yeah that's right if they
can have a discussion within the next two weeks and you can vote the cases um held for two weeks
just to put a letter on the record of their position without any provides those that don't
relate to zoning if that helps that works and that'll be noted for the record your comments
Thank you. Let's get the Planning Commission to weigh in, and then we'll move on. Planning Commission.
Thank you, Chair DeChico. Ian Hegarty for the Philadelphia City Planning Commission.
In 2019, the area was remapped from RM1 to RSA 5 in accord with recommendations from the
Comprehensive Plan. The applicant has met their burden of demonstrating that the proposed use
will not cause detrimental impacts to the neighborhood beyond what would normally be
expected and we would therefore recommend that the board grant a special exception thank you
all right so with that uh miss sunkett's uh comments regarding uh how to proceed going
forward part of the record and i guess the decision will be made in two weeks
is that correct tanya yes chair if you wish to do that we can um hold this case it's open for
for the letter only, and then you vote publicly in two weeks.
Thank you. Thank you, Mr. Harris.
Just so that we're clear, we would not have to reappear when you do the resumption, when you do the voting.
No, you would not have to.
Okay. And your decision will be emailed out to you.
Okay, Mr. Harris? Yes. Okay, thank you. Okay, thank you. Thank you very much for your patience with me.
Thank you. Carol, number 15. You're muted. Carol, you're muted.
I try not to be. Calendar number 2491-664-Union Street. The attorney is Leo Mulvihill.
There's a letter of support from Mantua Civic and also a letter of non-opposition from
Councilwoman Gautier. Mr. Mulvihill is coming back in as a panelist now, Chair.
there we go good morning chairman members of the board vio mulvihill m u l v as in victor i h i l
address 315 queen street first floor philadelphia pennsylvania 19123 you're already under oath do
you agree to waive the reading of the refusal and stipulate to its accuracy i do have you emailed
an exhibit packet with proof of ownership tax compliance refusal or referral photos under
plans of this property five days in advance of the hearing and have you met with the RCO and
do you have a letter? The screen just changed on me that's why I jumped. My apologies. Okay you may
proceed. All right good morning chairman members of the board. Let's see getting my packet to do
what it's supposed to do. Again Leo Moldehel today on behalf of Mascot LLC that's M as in Michael
A-S-K-O-F-F as in Frank. This is an application for 664 Union Street for a new three-family
dwelling. I have the refusal appeal project information form at page one. I have the area
zoning maps at page seven, showing this is a mixed-use area between single-family and RM1.
Dede at eight, commercial activity license at 14, tax clearance at 15. Our zoning notification
letter and proof of mailing is at 17. Our letter of support from the RCO is at 20. Photos of the
existing property are 22 plans were 51. so members of the board quickly i'll just go forward to the
area zoning map looks a little blurry there we go just zooming in on that a bit this is our parcel
It looks a little blurry. There we go. Just zooming in on that a bit. This is our parcel here. It's one block up from, zoom in a little bit, from Mellon, one parcel up from Mellon Street.
Just earlier last year, this board approved a case that I had, 649 Union Street for a two-family dwelling across the street.
So in addition to that, there's existing multifamily on the block and existing multifamily in the area, as you can see.
this is the area map that was taken from philadelphia atlas just showing the overhead
shot of our parcel in question zooming out this is page eight this is my d for my client
this is my client's commercial activity license for whatever reason the tax clearance certificate
application wasn't working it was throwing an error but we do show that no taxes are owed for
property page 17 this is our zoning notice so one out to the affected neighbors indicating
the zoom meeting from anchua cynic proof of mailing at page 19. it's our letter of support
uh 10 in support two in non-opposition that's at page 20. and here are photos of the property that
i originally took for one plot in here there's currently bushes in this corner these are prior
to the posting i'll just go through this quickly southbound and this is kind of a 360 view of the
block new permits in this property across the street down the block about here where this tree
is was where that multi-family project had discussed earlier had 649 was approved by the
zoning board. So think down the block, across Mellon Street, some photos of the posting.
And again, it's just 360 of the block. All right, so members of the board, this is the
existing, this is the proposed drawings for the multifamily proposal. We do have a second floor