the interior
it was a beauty salon
that was the last use
but it has since closed
and here are the photos
as you can see it doesn't look anything like a house
it never has
be an interesting house if it did so this was the last use as you can see it wasn't a salon
and my client would simply just like to to be able to rent the property out
with commercial use because we don't have a tenant yet we opted for the vacant commercial
consistent with cmx1 we understand that a separate use permit will have to be secured
subsequent to that as i said i'm going to move these 39 pieces of evidence in exhibits into
evidence i've also separately have are moving in the letter of support from the rco and the letter
of support from the council member and with that i'd like to have ms jamie motts raise her virtual
hand excuse me mr anastasio um so there's no there's no recorded ownership of a jamie mott
for this property the last recorded deed is for um mr rodriguez that we just checked and that was
the deed that was in your packet so okay if if ms mott's gonna put herself forward as the owner
the property we need to see proof of that okay miss let's get her on the stand and we can talk
to her about that okay sure thank you she in fact just may be a tenant
he's been promoted hi could you please state your name and spell for the stenographer
Ms. Motz, can you unmute yourself, please?
Mr. Rodriguez is Ms. Motz's husband, by the way.
Okay, he's the only one on the deed.
So, just to be clear.
What was her name?
Spelled M-O-N-T-E-S.
can you hear me now yes we can could you please state your name and spell it for the sonographer
my name is jamolette y-a-m-i-l-e-t-t-e last name montes m-o-n-t-e-s do you swear or affirm to tell
the truth the whole truth nothing but the truth yes i do could you turn your video on if possible
i'm trying okay all right well why don't you start correct thank you i'll be quick
Ms. Montez, your husband is the owner of RECORD.
Is that correct?
Correct.
And you heard my presentation to the board today?
Did you hear my presentation to the board?
Yes, I did.
Okay, wonderful.
Is it true and accurate to the best of your knowledge?
Yes, it's true.
And you adopt it as your own testimony?
I have nothing further.
Thank you.
Counselor, where do we stand with this?
um it if she's i mean since she's um since the owner is her husband i imagine that she has
knowledge of the property that you know she can testify to so i'm okay with her being called as a
witness but just noting for the record that she is not an owner of the property okay um questions
or comments from the virtual audience
other observations from our attorney
not at this time questions or comments from our uh planning commission
Amy Boyd from the Planning Commission. The Comprehensive Plan recommends a change in zoning at this location from the current RSA 5 residential single family to CMX 1 commercial mixed use. The proposed use would be allowed under the proposed zoning. Moreover, the property has received several variances for commercial use and is configured as a commercial property. The Planning Commission recommends that the Board grant their requested variance for CMX 1 uses.
amy boyd from the planning commission the comprehensive plan recommends a change in zoning at
Okay, so MI 2026-001-101-549 East Leray Street, I vote yes.
Michael Jones, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Tywin, my vote is yes.
Thank you.
Thank you, counsel, you have your votes.
Is there anyone in the audience whose case from 9.30 a.m. has not been called?
are no hands chair i see everyone at 2 p.m is our vice chair today okay so my name is bill bergman
i will be chairing this meeting with me is our vice chair tennessee graham president mr chairman
board secretary cheryl l gaston president mr chairman we're members michael john
president mr chairman taya win and ryan mcadams president mr chairman so here is our attorney
hillary emerson this hearing has been recorded and will be posted on the zba website by participating
you consent to be recorded there's an in-person meeting with remote participation whether in
person or on zoom if you are called to speak please state and spell your name wait to be sworn
in and after that each time you testify please start by stating your name to earn an appearance
indicate the property address in your zoom webinar speak with a staff member
call the zba office by the close of business tomorrow please call 215-686-2429 and provide
your name email and the address of the case property remote participation raise your
virtual hand when we direct you to speak please when we call you please click the join as a
panelist button use the q a only for procedural questions not for questions about the case
if you're joining by phone press star nine to raise your hand and star six to unmute
in-person participation if testifying get close to the microphone so that all attendees
and the court reporter can hear you no talking eating or drinking during the hearings aggressive
behavior will not be tolerated in the in an emergency please listen and follow the staff
instructions the main exit is the rear double doors and also to the left once you get outside
is the stairwell if we evacuate go to love park right across on art street and please remain
there so we can account for you so let's let's look at our schedule for this afternoon
good afternoon sheriff this is dana dabman i will be your co-host okay thank you very much
um number one we have a spanish interpreter for the okay number one mi2025 000438 4707
to 11 edmond street we have a spanish interpreter
is that your case is that your case all right please take a seat
Spanish interpreter, please.
Is it Steven?
the spanish interpreter please raise your hand interpreter please
Interpreter, please.
Do we know if we have an interpreter coming?
I don't see any hands raised.
What's that?
Thank you.
Thank you.
are we continuous Hillary right all right so
MI 2025 000438 4707 to 11 Edmond Street. This case is continued until 1027-26 at 2 p.m.
Number four. Chair, it will be at 930 a.m. What's that again? The continuances for 2 p.m. will be at 930 a.m.
All the continuances for 2 p.m. are going to be at 9.30?
Thank you.
That case will be at 9.30 a.m.
Number four.
Number four.
MI-2025-006-899-1001-209 West Glenwood Avenue.
This case is continued until 10-27-26 at 9.30 a.m.
Number six, MI2025-006-999-175 West Oxford Avenue.
That case has been withdrawn.
Number 13, MI 2026 002 347 6200 to 06 North Fish Street at cases continued until 1027 26 at 930 AM.
and number 14, MI 2026-002-349-7640-52, Germantown Avenue.
That case is continued until 10-27-26 at 9.30 a.m.
Are there any other requests for continuance?
There's no more hands at this time, Chair.
Okay. We're going to go to our add-on list.
What's that?
Sure. Okay.
MI 2026, 000200, 2416 North Dover Street.
So MI202600020
I vote yes with proviso her refusal dated July 30th, 2026.
I abstain for this Ryan McAdams my vote is yes with proviso Iowen my vote is yes with proviso
Emily Frisco my vote is yes with proviso
Thank you.
Number two, MI 2026-001-888-4720-30 Stanton Avenue.
i vote yes uh with proviso revised plans one page stamped by zba august 5th 2026.
michael johns my vote is yes with proviso
cheryl gaston my vote is yes with proviso ryan mcadams my vote is yes with proviso
number three mi 2026 001 139 37 34 north 16 street
i vote yes with proviso no household living in basement interior trash storage
michael johns my vote is yes with proviso
Cheryl Gaston, my vote is yes, with proviso.
Tanetta Graham, my vote is yes, with proviso.
Number four, MI 2026-001-539-3246-66 South 66th Street, I vote yes.
Michael Johns, my vote is yes.
Tanetta Graham, my vote is yes.
I'm sorry, Board Member Johns, can you just re-vote? You got cut off there at the end.
Oh, sorry. Michael Johns, my vote is yes.
Thank you.
Toretta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Iowan, my vote is yes.
Number five, MI 2026-001-874-7200 Old York Road, I vote no.
Michael Johns, my vote is no.
tenetta graham my vote is no ryan mcadams my vote is no iowen my vote is no
number six mi 2026 001 516 1139 north oriano street i vote yes with proviso revised plans
two pages stamp by zba august 5th 2026. michael johns my vote is yes with proviso
Tanetta Graham, my vote is yes with Proviso.
Ryan McAdams, my vote is yes with Proviso.
Number seven, MI 2026-001-530-5333-5338 Euclid Street, I vote yes with Proviso.
Interior trash storage.
Michael Johns, my vote is yes with Proviso.
Tanetta Graham, my vote is yes with Proviso.
Ryan McAdams, my vote is yes with proviso.
Iowen, my vote is yes with proviso.
Number eight, MI 2026-001-541-11003, Lindsay Street.
This vote in this has been moved to 8-12 at 2 p.m., 8-12-26 at 2 p.m.
number nine mi 2026 001 547 5827 newtown avenue i vote no michael johns my vote is no
tenetta graham my vote is no ryan mcadams my vote is no
MI number 10, MI 2024-004-244-5300-02 Haverford Avenue, I vote no.
5,300 to 02 Haverford Avenue, I vote no.
Michael Johns, my vote is no.
Cheryl Gaston, my vote is no.
Tannetta Graham, my vote is no.
Okay, we're going to move to our regular list.
Number two.
Yeah, number 2. MI2025-001676, 601 Devereux Avenue. Joseph Vaccaro is the attorney. This is a resumptive hearing.
Mr. Vaccaro, Mr. Vaccaro in the audience.
He has been promoted, Chair.
Thank you.
Hello, I'm Mr. Vicaro. Could you please see? I remember correctly. You've already been sworn today. Could you please state your name?
After the board, Joseph, the Carol V. A. C. C. A. R. O.
And Mr. Vicaro, this is a resumptive hearing.
And what we'd like to hear from you is an update of where you stand.
in this case yes yes sadly if i could uh my screen yeah tell you usually joe listen a minute
you're you don't be seen to be moving much your hearing's a little but try again
i can you hear me can you see yeah okay yeah we hear you
okay so what brought what about the issue of uh that led to this
was the turning radius for the parking spot in the rear and some revised plans
we have submitted more like zoom in on that shows the property we can't see
your screen yeah we I'm not seeing anything except that I'm saying that
okay all right let me let me get yep i'll go out and i'll come right back in
and don't worry if i remember we're not voting on this today
yes we need to hold this matter for proof of tax compliance yep okay all right fine can you see the
plans no papers um there's times joe you freeze up and then we hear you talk and then you unfreeze so
oh dear
why don't we do this why don't we come back later and check on you okay
thank you okay all right let's go on to number three
MI 2025 003 648 1000 North 48th Street Rachel Pritzker is the attorney
good afternoon good afternoon counsel could you please state your name and spell for the stenographer
Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
My client is DVIR48LLC, which is the owner of the property.
And I see there's a letter of support from Mill Creek Advisory Council.
Our vice chair has a few questions for you.