we are live thank you and uh yvette do you need a few minutes yes chair okay when you're ready
you'll let us know thank you and zba staff check your email i'm sending case summaries now
thank you thank you tanya thank you
Chair, we have 21 attendees.
We're good to go.
Thank you and thank you again everyone for your patience.
I apologize for the delay.
Good morning.
My name is Frank DiCicco.
I'm the chair of the Zoning Board of Adjustment.
I'll be participating in today's hearing along with our board secretary, Mr. Confessor Plaza
and board members, Mr. Thomas Holloman and Mr. James Snell.
Board Administrator Yvette Benton and Board Attorney Sharon Saleta are also in attendance,
as is our Zoning Board Administrator, Ms. Tanya Sunkit.
For those of you who haven't yet participated in one of our virtual hearings, I'll go through
some of the basics of what you can expect.
First, we will be administering oaths to individual participants prior to their testimony.
Second, we'd like to advise everyone that this proceeding is being recorded and that
by participating, you acknowledge your agreement to be recorded and that the recording will
be made available to the public on the web or otherwise.
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.
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.
Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.
Repeat, to enter an appearance statement, call Google 267-270 and leave your email address and the address of the property at issue.
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.
Having said that, I will proceed with the 930 list. On our add-on list, MI 2021-001476, 731 North Uber Street.
Let me get my paperwork.
MI 2021, make sure I have my planning out of pose.
MI 2021-001476, 731 North Uber Street.
My vote is yes.
With proviso revised plan, one page approved today.
Did I leave anything out, Sharon?
no that's it thank you thank you confessor plaza yes with proviso james snell yes with proviso
thomas halliman yes with proviso thank you on our regular 9 30 list i'll read off the following
cases that have been requested to be continued or withdrawn case number one mi 2020 that's zero zero
303-265, 1224 Herbert, H-E-R-B-E-R-T Street. Numbers three, four, and five on our list.
MI 2020-003-442-1677 Falkrod Street. MI 2021-001-982-1816 North Van Pelt Street request to be continued.
Number six on our list, MI 2020-001-959, 2408 North 31st Street is withdrawn.
Number 12 on our list, MI 2021-001-984-6822 Old York Road is withdrawn.
on. If anyone objects or has any concerns about the cases I've just read into the record as to
objects or has any concerns about the cases i've just read into the record
as to being either continued or withdrawn
please raise your hand if you have any concern
about the cases i just read in the record
to be continued or withdrawn please raise your hand at this time
i see no hands at this time chair
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.
Chair, we have Leo Mulvihill with his hand up.
Thank you. Good morning, Mr. Mulvihill. Please identify yourself for the record, spell your full name, and I'll swear you in.
Good morning, Chair.
Leo Mulvihill, L-E-O, M as in Michael, U-L, V as in Victor, I-H-I-L-L, 315 Green Street,
First Floor, Philadelphia, 19125, or 2-3.
You swear to affirm to tell the truth, the whole truth, nothing but the truth?
Thank you, sir.
Please proceed.
Certainly, Chair.
This is with respect to 505 North Allison Street.
This is my request to withdraw.
Thank you very much.
That's number eight on our list, MI2020-003-393.
505 north allison street is withdrawn thank you thank you any other requests for continuances
or withdrawals on the 9 30 list please raise your hand chair we have mary jones with her hand up
ms jones you can unmute yourself and speak thank you good morning ms jones please identify yourself
and i'll swear you in morning mary jones uh council president daryl clark's office room
City Hall, room 494.
Do you swear to affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Please proceed.
This is a request slash question.
I heard you list 1816 North Van Pelt, but we also had 1814 North Van Pelt.
And we don't have a record of that community meeting taking place, so that one probably should be continued as well.
if i missed that i apologize so you're saying number 1814 correct 1814 yes okay i'll read
that in now mi 2021 that's 001 983 1814 north van pelt street is continued thank you thank you
thank you for bringing that to my attention any other requests for continuances or withdrawals
on the 930 list please raise your hand i see no hands at this time chair thank you uh we'll
proceed with our regular list now number two on our regular list mi 2021 excuse me chair i believe
it was going to go out of order if you could call number 11 i have different sheets now that we got
everything's true sorry i'm sorry no no my apologies hold on um let me see that's number 11
carpenter street that's right yes and harry cook is the attorney yeah got it thank you i'm working
off a couple different sheets here all right so we're going to go a little bit out of order folks
We're going to go to case number 11, MI 2021-001-967, 614 Carpenter Street.
Good morning, Mr. Cook.
I believe it's a recording of record.
Good morning, Mr. Chairman.
Good morning, members of the board.
Please identify yourself, and I'll swear you in.
Harry Cook, Anastasio Law, 1315 Walnut Street, Suite 1006.
I'm sorry.
You swear if I'm to tell the truth, the whole truth, nothing but the truth?
Thank you.
In this case, Bella Vista Neighborhood Association sends a letter of non-opposition.
That is correct.
Mr. Chairman, do you agree to waive the reading of its refusal and stipulate to its accuracy?
Yes, I do.
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?
Yes, we have.
And have you met with the RCO and have a letter?
We do. We met two times and we do have a letter in the file.
Thank you. Please proceed.
Sure. Members of the board, I am representing Anthony Giacobetti today, the owner of 614 Carpenter Street.
The application is for a three family dwelling. This property has been a three family dwelling
officially since this board granted a variance in 1958.
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.
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.
I'm going to share my screen and go through some of the documentation if that's okay.
As discussed, I asked the board to take administrative notice of the June, January 27, 1958, variance granting three-family.
This board at that time made a finding that at least prior to August 10, 1933, this property has been a three-family dwelling.
That continued to be the case through 2017, showing now proof of a rental license expired on February 27th, 2017.
This property was inherited from my client's father to he and his sister.
I'm going to switch my share screen just a moment.
does the board see the uh copy of the refusal yes okay so um i'm gonna move on to the plans
now we met uh two times with the rco the first time we met the units were all two bedroom units
they had concerns regarding density and we made accommodations to bring each unit down to
one bedroom units starting with the first floor you have a bedroom in the rear kitchen
bath living room entrance going up the stairs to the second floor again you have a bedroom
in the rear with a proposed fiberglass deck, bathroom, kitchen, living room, entrance up to
the third floor where you have a living room, kitchen, bathroom, and bedroom. This is a, as part
of our understanding with the RCO, this property had been not only a three-family dwelling, but the
front first floor had been a commercial operation it was a candy store it was a grocery
the area where the commercial glass that you see in this photo will be infilled infilled with a
consistent brick and window to match the facade of the property so it maintains its historic aesthetic
going on to some of the additional photos you can see we are preserving all of the
cornices and all of the aesthetic aspects of the property and we will be restoring
some of that as well. Mr. Cook I think it would be appropriate at this time if you would summarize
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.
We have non-opposition from the RCO.
We've met all of their requirements in our plan.
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.
And that concludes my testimony.
But I would like to call Mr. Giacobetti to testify and adopt.
jacobetti please identify yourself spell your full name and i'll swear you in alexander jacobetti
you have a another device on if you do we're getting an echo
uh there is a true mr jacobetti you're having a difficult time hearing you do you have an
We're having a difficult time hearing you. Do you have another device on?
There is a tremendous amount of feedback, Mr. Chairman.
You're coming through the same way that I'm projecting to you.
Okay. Why don't we do this?
Mr. Cook, you being an officer to court, will stipulate that your client would have adopted your testimony.
Thank you, Chair.
Thank you. Any questions from the board?
No, Mr. Chairman.
I'm sorry, anyone else to testify in this case? If so, please raise your hand.
Mr. Cook, are you getting a reverberation on my end now?
I am not.
Okay, thank you.
I see no hands at this time, Chair.
Thank you. Planning Commission.
Morning, sir. David Vecteau, F-E-C-T-E-A-U, with the City Planning Commission.
Do you swear if I'm to tell the truth, the whole truth, nothing but the truth?
Yes, sir. I do. Thank you. Please proceed. Mr. Chairman, members of the board. The comprehensive
plan recommends no change in the existing single family zoning at this location. However, this
appears to be a longstanding pre-existing multifamily use. We recommend that the board
approve the requested variance. Thank you. MI 2021-001-967-614 Carpenter Street. My vote is yes
with the proviso one bedroom per unit. Professor Plaza, yes, with proviso.
James Snell, yes, with proviso. Thomas Holloman, yes, with proviso.
Thank you. We'll now go to number two on our list. MI 2021-001968, 1710 Cater Street.
Mr. Whelan is the attorney of record.
Sassana sent a letter of support with provisos.
Apparently, those provisos are incorporated into the revised plan.
Mr. Whelan, if you're available, please identify yourself, spell your name, and I'll swear you in.
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.
Let's see. She's appearing for on behalf of Mr. Whalen.
I see a little notation at the bottom. Okay.
She's being promoted to panelists now, Chair.
Good morning, ma'am. Please spell your full name and I will swear you in.
good morning miss gosfield good morning mr chairman good morning members of the board
this application for 1710 cater street i am working with mr sean whalen on behalf of owner
developer bgm1 llc mr michael murray would you pardon the interruption would you please spell
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.
You swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, I do. Thank you, ma'am. You're now pushy.
Yes. And do you agree to waive the reading of its refusal and stipulate to its accuracy?
Yes, I do. 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? Yes, that packet has your mail. Okay, have you met with the RCO and
have a letter? Yes. Thank you, please proceed. Thank you. This application is for 1710 Cater
Street. There is an existing two-story row home to be renovated where the developer is looking to
add a third-story addition. There was a refusal where the two-story homes on either side of the
property, there was required in order to build that third-story addition an eight-foot setback.
We are seeking to erect the third-story with no setback. Originally, we proposed for the full
third-story flush with a third-floor wall. The community supports the third-story but wanted a
mansard roof with two dormers. And so there was a revised plan and a proviso plan
form submitted to the members of the board showing this change today's presentation will
include testimony from Agata Reister from Landmark as well as the owner developer and if the members
of the board or the chairman would would swear in Ms. Reister please raise your hand Ms. Reister
Raise your hand, Ms. Reister, and spell your full name, and I'll swear you in.
Ms. Reister, you can unmute yourself and wait for the chair to be sworn in.
Please spell your full name.
Agatha Reister, A-G-A-T-A-R-E-I-S-T-E-R.
You swear?
I'm sorry?
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Thank you. Please proceed.
Ms. Gosfield, are you asking questions of Ms. Reister or is she presenting testimony?
I am asking questions and then she will also present testimony. Thank you.