civus
Hearing video

ZBA Hearing - September 22, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 22, 20214h 53m

we are live thank you and uh yvette do you need a few minutes yes chair okay when you're ready

Similar wording

you'll let us know thank you and zba staff check your email i'm sending case summaries now

Similar wording

thank you thank you tanya thank you

Similar wording

Chair, we have 21 attendees.

Similar wording

We're good to go.

Similar wording

Thank you and thank you again everyone for your patience.

Similar wording

I apologize for the delay.

Similar wording

Good morning.

Similar wording

My name is Frank DiCicco.

Similar wording

I'm the chair of the Zoning Board of Adjustment.

Similar wording

I'll be participating in today's hearing along with our board secretary, Mr. Confessor Plaza

Similar wording

and board members, Mr. Thomas Holloman and Mr. James Snell.

Similar wording

Board Administrator Yvette Benton and Board Attorney Sharon Saleta are also in attendance,

Similar wording

as is our Zoning Board Administrator, Ms. Tanya Sunkit.

Similar wording

For those of you who haven't yet participated in one of our virtual hearings, I'll go through

Similar wording

some of the basics of what you can expect.

Similar wording

First, we will be administering oaths to individual participants prior to their testimony.

Similar wording

Second, we'd like to advise everyone that this proceeding is being recorded and that

Similar wording

by participating, you acknowledge your agreement to be recorded and that the recording will

Similar wording

be made available to the public on the web or otherwise.

Similar wording

Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

Similar wording

I'll repeat. For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

Similar wording

Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

Similar wording

Repeat, to enter an appearance statement, call Google 267-270 and leave your email address and the address of the property at issue.

Similar wording

I would also like to remind everyone, please do not attempt to testify in the chat. Any comments or questions should be directed to our Board Administrator, Ms. Yvette Benton.

Similar wording

Having said that, I will proceed with the 930 list. On our add-on list, MI 2021-001476, 731 North Uber Street.

Similar wording

Let me get my paperwork.

Similar wording

MI 2021, make sure I have my planning out of pose.

Similar wording

MI 2021-001476, 731 North Uber Street.

Similar wording

My vote is yes.

Similar wording

With proviso revised plan, one page approved today.

Similar wording

Did I leave anything out, Sharon?

Similar wording

no that's it thank you thank you confessor plaza yes with proviso james snell yes with proviso

Similar wording

thomas halliman yes with proviso thank you on our regular 9 30 list i'll read off the following

Similar wording

cases that have been requested to be continued or withdrawn case number one mi 2020 that's zero zero

Similar wording

303-265, 1224 Herbert, H-E-R-B-E-R-T Street. Numbers three, four, and five on our list.

Similar wording

MI 2020-003-442-1677 Falkrod Street. MI 2021-001-982-1816 North Van Pelt Street request to be continued.

Similar wording

Number six on our list, MI 2020-001-959, 2408 North 31st Street is withdrawn.

Similar wording

Number 12 on our list, MI 2021-001-984-6822 Old York Road is withdrawn.

Similar wording

on. If anyone objects or has any concerns about the cases I've just read into the record as to

Similar wording

objects or has any concerns about the cases i've just read into the record

Similar wording

as to being either continued or withdrawn

Similar wording

please raise your hand if you have any concern

Similar wording

about the cases i just read in the record

Similar wording

to be continued or withdrawn please raise your hand at this time

Similar wording

i see no hands at this time chair

Similar wording

I will now ask if anyone would like to request a continuance or withdrawal from the 930 list, please raise your hand. If you would like to request a continuance or withdrawal, please raise your hand at this time.

Similar wording

Chair, we have Leo Mulvihill with his hand up.

Similar wording

Thank you. Good morning, Mr. Mulvihill. Please identify yourself for the record, spell your full name, and I'll swear you in.

Similar wording

Good morning, Chair.

Similar wording

Leo Mulvihill, L-E-O, M as in Michael, U-L, V as in Victor, I-H-I-L-L, 315 Green Street,

Similar wording

First Floor, Philadelphia, 19125, or 2-3.

Similar wording

You swear to affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Thank you, sir.

Similar wording

Please proceed.

Similar wording

Certainly, Chair.

Similar wording

This is with respect to 505 North Allison Street.

Similar wording

This is my request to withdraw.

Similar wording

Thank you very much.

Similar wording

That's number eight on our list, MI2020-003-393.

Similar wording

505 north allison street is withdrawn thank you thank you any other requests for continuances

Similar wording

or withdrawals on the 9 30 list please raise your hand chair we have mary jones with her hand up

Similar wording

ms jones you can unmute yourself and speak thank you good morning ms jones please identify yourself

Similar wording

and i'll swear you in morning mary jones uh council president daryl clark's office room

Similar wording

City Hall, room 494.

Similar wording

Do you swear to affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording

This is a request slash question.

Similar wording

I heard you list 1816 North Van Pelt, but we also had 1814 North Van Pelt.

Similar wording

And we don't have a record of that community meeting taking place, so that one probably should be continued as well.

Similar wording

if i missed that i apologize so you're saying number 1814 correct 1814 yes okay i'll read

Similar wording

that in now mi 2021 that's 001 983 1814 north van pelt street is continued thank you thank you

Similar wording

thank you for bringing that to my attention any other requests for continuances or withdrawals

Similar wording

on the 930 list please raise your hand i see no hands at this time chair thank you uh we'll

Similar wording

proceed with our regular list now number two on our regular list mi 2021 excuse me chair i believe

Similar wording

it was going to go out of order if you could call number 11 i have different sheets now that we got

Similar wording

everything's true sorry i'm sorry no no my apologies hold on um let me see that's number 11

Similar wording

carpenter street that's right yes and harry cook is the attorney yeah got it thank you i'm working

Similar wording

off a couple different sheets here all right so we're going to go a little bit out of order folks

Similar wording

We're going to go to case number 11, MI 2021-001-967, 614 Carpenter Street.

Similar wording

Good morning, Mr. Cook.

Similar wording

I believe it's a recording of record.

Similar wording

Good morning, Mr. Chairman.

Similar wording

Good morning, members of the board.

Similar wording

Please identify yourself, and I'll swear you in.

Similar wording

Harry Cook, Anastasio Law, 1315 Walnut Street, Suite 1006.

Similar wording

I'm sorry.

Similar wording

You swear if I'm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

In this case, Bella Vista Neighborhood Association sends a letter of non-opposition.

Similar wording

That is correct.

Similar wording

Mr. Chairman, do you agree to waive the reading of its refusal and stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

Similar wording

Yes, we have.

Similar wording

And have you met with the RCO and have a letter?

Similar wording

We do. We met two times and we do have a letter in the file.

Similar wording

Thank you. Please proceed.

Similar wording

Sure. Members of the board, I am representing Anthony Giacobetti today, the owner of 614 Carpenter Street.

Similar wording

The application is for a three family dwelling. This property has been a three family dwelling

Similar wording

officially since this board granted a variance in 1958.

Similar wording

Officially, since this board granted a variance in 1958, my clients maintained an active rental license through 2017, and due to some personal issues, that rental license lapsed for more than two years, and property reverted back to its designation of RSA 5.

Similar wording

We are here to legalize that long standing pre existing non conforming use. In fact, that was the basis of the 1958 variants as well.

Similar wording

I'm going to share my screen and go through some of the documentation if that's okay.

Similar wording

As discussed, I asked the board to take administrative notice of the June, January 27, 1958, variance granting three-family.

Similar wording

This board at that time made a finding that at least prior to August 10, 1933, this property has been a three-family dwelling.

Similar wording

That continued to be the case through 2017, showing now proof of a rental license expired on February 27th, 2017.

Similar wording

This property was inherited from my client's father to he and his sister.

Similar wording

I'm going to switch my share screen just a moment.

Similar wording

does the board see the uh copy of the refusal yes okay so um i'm gonna move on to the plans

Similar wording

now we met uh two times with the rco the first time we met the units were all two bedroom units

Similar wording

they had concerns regarding density and we made accommodations to bring each unit down to

Similar wording

one bedroom units starting with the first floor you have a bedroom in the rear kitchen

Similar wording

bath living room entrance going up the stairs to the second floor again you have a bedroom

Similar wording

in the rear with a proposed fiberglass deck, bathroom, kitchen, living room, entrance up to

Similar wording

the third floor where you have a living room, kitchen, bathroom, and bedroom. This is a, as part

Similar wording

of our understanding with the RCO, this property had been not only a three-family dwelling, but the

Similar wording

front first floor had been a commercial operation it was a candy store it was a grocery

Similar wording

the area where the commercial glass that you see in this photo will be infilled infilled with a

Similar wording

consistent brick and window to match the facade of the property so it maintains its historic aesthetic

Similar wording

going on to some of the additional photos you can see we are preserving all of the

Similar wording

cornices and all of the aesthetic aspects of the property and we will be restoring

Similar wording

some of that as well. Mr. Cook I think it would be appropriate at this time if you would summarize

Similar wording

And with that, basically, I'd like to call my client just to adopt testimony. Essentially, we are seeking to legalize this lapse of longstanding non-conforming use, legal non-conforming use in this neighborhood.

Similar wording

We have non-opposition from the RCO.

Similar wording

We've met all of their requirements in our plan.

Similar wording

And we ask that the board grant this variance coming into full compliance with the zoning code would be cost prohibitive of the way the structure is laid out.

Similar wording

And that concludes my testimony.

Similar wording

But I would like to call Mr. Giacobetti to testify and adopt.

Similar wording

jacobetti please identify yourself spell your full name and i'll swear you in alexander jacobetti

Similar wording

you have a another device on if you do we're getting an echo

Similar wording

uh there is a true mr jacobetti you're having a difficult time hearing you do you have an

Similar wording

We're having a difficult time hearing you. Do you have another device on?

Similar wording

There is a tremendous amount of feedback, Mr. Chairman.

Similar wording

You're coming through the same way that I'm projecting to you.

Similar wording

Okay. Why don't we do this?

Similar wording

Mr. Cook, you being an officer to court, will stipulate that your client would have adopted your testimony.

Similar wording

Thank you, Chair.

Similar wording

Thank you. Any questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

I'm sorry, anyone else to testify in this case? If so, please raise your hand.

Similar wording

Mr. Cook, are you getting a reverberation on my end now?

Similar wording

I am not.

Similar wording

Okay, thank you.

Similar wording

I see no hands at this time, Chair.

Similar wording

Thank you. Planning Commission.

Similar wording

Morning, sir. David Vecteau, F-E-C-T-E-A-U, with the City Planning Commission.

Similar wording

Do you swear if I'm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, sir. I do. Thank you. Please proceed. Mr. Chairman, members of the board. The comprehensive

Similar wording

plan recommends no change in the existing single family zoning at this location. However, this

Similar wording

appears to be a longstanding pre-existing multifamily use. We recommend that the board

Similar wording

approve the requested variance. Thank you. MI 2021-001-967-614 Carpenter Street. My vote is yes

Similar wording

with the proviso one bedroom per unit. Professor Plaza, yes, with proviso.

Similar wording

James Snell, yes, with proviso. Thomas Holloman, yes, with proviso.

Similar wording

Thank you. We'll now go to number two on our list. MI 2021-001968, 1710 Cater Street.

Similar wording

Mr. Whelan is the attorney of record.

Similar wording

Sassana sent a letter of support with provisos.

Similar wording

Apparently, those provisos are incorporated into the revised plan.

Similar wording

Mr. Whelan, if you're available, please identify yourself, spell your name, and I'll swear you in.

Similar wording

Chair, I don't see Sean Whalen with his hand up. We do have someone else with their hand up, an Andrea Gosfield. I don't know who that is.

Similar wording

Let's see. She's appearing for on behalf of Mr. Whalen.

Similar wording

I see a little notation at the bottom. Okay.

Similar wording

She's being promoted to panelists now, Chair.

Similar wording

Good morning, ma'am. Please spell your full name and I will swear you in.

Similar wording

good morning miss gosfield good morning mr chairman good morning members of the board

Similar wording

this application for 1710 cater street i am working with mr sean whalen on behalf of owner

Similar wording

developer bgm1 llc mr michael murray would you pardon the interruption would you please spell

Similar wording

your full name? Absolutely. First name is Andrea, A-N-D-R-E-A. Last name is Gosfield, G-O-S-F-I-E-L-D.

Similar wording

You swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do. Thank you, ma'am. You're now pushy.

Similar wording

Yes. And do you agree to waive the reading of its refusal and stipulate to its accuracy?

Similar wording

Yes, I do. And have you emailed an exhibit packet with the required documents,

Similar wording

proof of ownership, proof of tax compliance, copy of the refusal or referral photos and plans

Similar wording

five days prior to this hearing? Yes, that packet has your mail. Okay, have you met with the RCO and

Similar wording

have a letter? Yes. Thank you, please proceed. Thank you. This application is for 1710 Cater

Similar wording

Street. There is an existing two-story row home to be renovated where the developer is looking to

Similar wording

add a third-story addition. There was a refusal where the two-story homes on either side of the

Similar wording

property, there was required in order to build that third-story addition an eight-foot setback.

Similar wording

We are seeking to erect the third-story with no setback. Originally, we proposed for the full

Similar wording

third-story flush with a third-floor wall. The community supports the third-story but wanted a

Similar wording

mansard roof with two dormers. And so there was a revised plan and a proviso plan

Similar wording

form submitted to the members of the board showing this change today's presentation will

Similar wording

include testimony from Agata Reister from Landmark as well as the owner developer and if the members

Similar wording

of the board or the chairman would would swear in Ms. Reister please raise your hand Ms. Reister

Similar wording

Raise your hand, Ms. Reister, and spell your full name, and I'll swear you in.

Similar wording

Ms. Reister, you can unmute yourself and wait for the chair to be sworn in.

Similar wording

Yes.

Similar wording

Please spell your full name.

Similar wording

Agatha Reister, A-G-A-T-A-R-E-I-S-T-E-R.

Similar wording

You swear?

Similar wording

I'm sorry?

Similar wording

Do you swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Thank you. Please proceed.

Similar wording

Ms. Gosfield, are you asking questions of Ms. Reister or is she presenting testimony?

Similar wording

I am asking questions and then she will also present testimony. Thank you.

Similar wording