Thank you.
Thank you very much. Good morning, everyone. My name is Bill Bergman, and I will be chairing
this morning's ZBA hearing. With me is our Vice Chair, Tanetta Graham.
Present, Mr. Chairman.
Board Secretary, Sheila L. Gaston.
Present, Mr. Chairman.
Board Member, Michael Johns.
Present, Mr. Chairman.
Board Member, Tyia Nguyen. She should be here. And Board Member, Ryan McAdams.
Present, Mr. Chairman.
Also here is Layla Beebe.
She's punching me already.
I don't know what's going on.
Also here is Layla Beebe.
And so that everybody understands, she's new to the board.
She's been here for a few meetings.
We are very fortunate.
She's a business agent for the Carpenters Union, a lifelong Philadelphian,
and really, really understands the construction project.
So, again, thank you for being here,
and we appreciate you taking this assignment with us. Also present is our attorney Lynn Reuter-Uber,
also our board director Ian Haggerty, and our board administrator Lakeisha Dandy.
This hearing is being recorded and will be posted on the ZVA website. By participating,
you consent to be recorded. This is an in-person meeting with remote participation,
whether in person or on zoom if you're called to speak please state your name and spell it for
the sonographer and also wait to be sworn in after you're sworn in each time you testify you're going
to have to start by stating your name to enter an appearance indicate your at the indicate the
property address on the zoom webinar speak with a staff member
call the zba office by close of business tomorrow call 215-686-2429 and and provide your name email
and the address of the property in question remote participation raise your virtual hand
when you're directed to speak when you speak you have to click to join as a panelist button
used the q a only for procedural questions not case comments if you if you are joining by phone
press star nine to raise your hand and star six to unmute for in-person participation when
testifying get close to the microphone so that all attendees and also the court reporter can
hear you no talking eating or drinking during the the hearing aggressive behavior will not be
tolerated in an emergency follow staff directions the main exit is the double doors in the rear
the stairwell is to the left once you should get out there in the event event of an evacuation
go over to love park which is across the street there on off of our street and please remain here
so we can account for you. So let's look at our schedule for today.
8, 12, 1. Okay, so number one.
here let me see here here it is
be with you a minute here yeah one here right um mi 2024 006086 777 state road i understand
Mr. DeMarco is in the audience.
Chair, they're being promoted to panels.
Thank you.
Can you hear me, Mr. Chairman?
Good morning.
Mr. DeMarco, could you please state your name and spell for the sonographer?
richard demarco last name spelled d-e-m-a-r-c-o right do you swear or affirm to tell the truth
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
the whole truth nothing but the truth i do
I do. Mr. DeMarco, could you give us an update on this case?
Yeah, sure. I know it's been listed a few times. There's a delay in, so surveyors are hard to come
by these days. And we had the Planning Commission, in order to complete the amended refusal
that the board has requested, the Planning Commission requested updated drawings. And
It's a huge property, and they had trouble finding a surveyor, so I do need another continuance.
I understand it's been listed quite a while, but we do intend to get it.
We do have a survey now, and now we need to just mark it up and get the information that the planning commission wanted.
So it's been an unusual delay.
I apologize for that.
We could always make it listed attorney moving party if you need to, but I understand that's part of the do now.
but we we uh we're moving along but i appreciate the board's patience it's going to take another
we're going to give this an august date okay it's fine all right so i am away august 5th to 12th by
the way um okay i have to figure that one out um so later in august the date we have is the 12th
could we have another date yeah i'm i'm on in the air on that day apologize all right so why don't
we do this why don't we do this we're going to continue this we'll get back to you with the date
okay yeah very well all right thank you so all right thank you very much all right all right
take care everybody number two 28 20 38 hayne street which is mi 2024 006 090 that case is
continued until 8 12 2026. number three mi 2025 004 186 1936 cecil b moore avenue that case has
been withdrawn number four 35 23 north 24th street mi 2025 005051 that case is continued until 8 12 26
at 9 30 number 4 35 23 24 street that's MI 20 25 005 051 that case is continued until 8 12 26 at 9 30 a.m
number 8 33 23 ashfield street which is mi 2026 000 304 that case is continued until 8 12 26 at 9 30
number 9 315 winoah street winoah street that is mi 2026 000 316 that case is continued until
8 12 26 at 9 30 a.m and number 10 53 17 wayne avenue that's mi 2026 000 317
That case is contained until 8-12-26 at 9.30 a.m.
And number 12...
Number 12 is MI 2026-000-349-6829 Chew Avenue.
Sylvia Sinaia Williams is the listed owner this is the first listing we have no exhibits
do we see anyone in the audience
chair nope we don't have anybody in the audience at this time but we do have a hand
up from jennifer bazitlow sure i had my hand raised for continuance on another case that's
not related to this one let me handle let me handle this one okay okay yes all right so mi
2026 000 349 68 29 shoe avenue uh that case is continued till 8 12 26 at 9 30 a.m and mark must
be heard. And then number 13, MI 2026, 000-447-2548 Diamond Street. Alex Palmer is the listed owner.
Diamond Street, Alex Palmer is the listed owner, and Mamie E. Talley is also of the Mamie E. Talley Trust.
This is the first listing. We have no exhibits.
I don't see any hands at this time, Chair.
Okay. So MI 2026-000-447-2546 Diamond Street. That case is continued until 8-12-26 at 9-30-M. Mark must be heard. Are there any other requests for continuances?
jennifer chair yes we have a hand up from jennifer bazillo and also strawberry mansion community
concern okay let me go jennifer first all righty good morning chairman and members of the board
hi could you please state your name and spelled for the sonographer sure it's jennifer bazitlo
B as in boy, A as in apple, Z as in zebra, Y, D as in David, L as in Larry, O as in Oscar.
What case?
I am asking for a continuance of 2005 South 4th Street. My client contacted me late last night
that he had an emergency, a personal matter, that he was not available today. It is his personal
home that's the subject, and I do believe it's contested, so I don't feel comfortable proceeding
without him. Hold on one minute. Mr. Chairman is number five.
Okay, there's what I got. I'm already past it.
She looks so big like this.
Is there anyone in the audience here for the for that case?
I see him in the back when he come up.
Good morning, sir. Please state your name and spell for the stenographer.
Thank you. My name is Pat Fitzmaurice, P-A-T-R-I-C-K, F-I-T-Z-M-A-U-R-I-C-A.
Do you swear or affirm the tell the truth, told the truth, nothing but the truth?
We know there's opposition in this case. The appellant cannot be here. The attorney is requesting continuance.
We're going to get a continuance. We'll do this in August, okay?
Okay. I understand. Just for the record, there are two neighbors that are also here.
And what we'll do is this will be Mark must be heard.
And I agree to that. That's perfectly reasonable.
Just, and also, I would just also note, this is not the primary residence for this applicant. It's an empty vacant lot. So I just want to put that out there.
Okay. Thank you.
All right. Thank you very much.
All right. So number five.
Mr. Chair, this is Ian Hegarty. Pardon the interruption. For the sake of time, I would recommend placing this on the September 15th, Tuesday, special hearing at 930 a.m.
Okay. All right. So MI 2025-005-375-2005 South 4th Street. This case will be continued to September 15th at 930 a.m. and Mark must be heard.
Thank you.
Thank you. Anyone else?
Chair, we have a hand up from Strawberry Mansion Community Concern.
They're allowed to speak.
Good morning.
Hello, can you hear me?
I can.
Oh, good morning.
My name is Bonita Cummings.
Can you please speak your name and spell for the stenographer?
Bonita Cummings.
B as in boy, O-N-I-T-A, C-U-M-M-I-N-G-S.
All right.
I was just checking.
Hold on, hold on, hold on.
Do you swear or affirm to tell the truth, told the truth, nothing but the truth?
Please proceed.
What case?
I was just checking because I thought I heard you say 2546 Diamond Street in the end.
I was looking in the chat and I didn't see it, so I was just making sure it's 2548 for continuance.
Diamond?
Okay, thank you.
oh thank you um anyone else no hands at this time chair go to our add-on list
number one mi 2024
MI 2024-001-949-2900 Snyder Avenue, I vote yes, with amended, no, I'm sorry, hold on, this case will be continued to August 5th at 9.30 a.m., thank you.
number two mi 2025 001287 9864 frankfurt avenue i vote yes michael johns my vote is yes
cheryl gaston my vote is yes tenetta graham my vote is yes i mcadams my vote is yes
number three
number three mi2025-005-980-3409 goodman street i vote no michael johns my vote is no
cheryl gaston my vote is no tennetta graham my vote is no i mcadams my vote is no
number four mi 2025 007 240 2130 north 31st street
i vote yes with proviso use applied to entire building also a certificate of occupancy to be
obtained michael johns my vote is yes with provisos charles gaston wrote is yes with proviso
ryan mcadams my vote is yes with proviso
number five mi 2026 001 94 56 12 haverford avenue i vote yes michael johns my vote is no
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is no.
Ryan McAdams, my vote is yes.
Number six, MI 2025-004-680-5830 Whitby Avenue.
The vote in this matter has been rescheduled to Wednesday, June 22nd at 9.30 a.m.
Mr. Chairman, July 22nd.
july 22nd at 9 30 a.m and number seven
mi 2025 007 890 3301 um grand's back street
we're going to move this run right we're going to this case will be moved
to 7 15 at 9 30 a.m the vote is moved the vote pardon me the vote yeah thank you all right let's
go so we'll go to the number and we'll go to our regular list now number six mi 2026 000 181 400
north of Grove Street. Karen Tilly is the appellant.
Good morning. Karen Tilly, T as in time, I-L-L-E-Y.
all right thank you do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do our vice chair has a
our vice chair has a few questions for you
good morning good morning have you submitted your documents and exhibits five days in advance of
this hearing yes okay and you are here for uh you're in a two-family household living right
yes ma'am and your refusal was because it's a cmx two district and you should have uh other
than residential uses on your first floors you agree to that yes ma'am but but when i purchased
the property it was a two-family dwelling duplex okay so you want to get it legalized as yeah and
then for some reason it came back as a commercial yep okay all the street on callahill two-family
dwelling. All right, so you have, you're getting assistance with your case, so you can look at
um you have you're getting assistance with your case so you can look at the screen can you see
the screen. Can you see the screen? Can you just describe?
the screen you just describe tell us what you're trying to do and you can describe the pictures
that we're seeing too okay this is the hallway to the first floor and mind you there is no space
for commercial activity there and moving on please another view of the first floor again no activity
commercial activity available there that's the front door to the first floor
that's one of the bedrooms to the first floor again no commercial activity second
floor again no commercial activity space there bathroom second floor
down the stairs to the second floor entry and that's one of the bedrooms and that picture to
the far left is the picture of the building again you will see there's no commercial activity present
and that's a picture of the zoning notice again the second picture and that is the picture in 08
before prior to me purchasing the building and again you will see that the building
structure is still the same today.
Two floors.
So, why don't you
talk about what happened when you went to the RCO
meeting?