ZBA Hearing - November 10, 2020

And good morning, everyone.

Tanya, we'll give you a few minutes.

Yes, thanks.

You'll let us know when you're ready.

Thank you.

Thank you.

Thank you.

okay chair we should be good to go thank you very much good morning everyone my name is frank

di chico 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 ms tanya sunkett and board attorney ms sharon

Soleta are also in attendance. 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, for the benefit of anyone

participating by phone, we ask that attorneys and witnesses identify themselves prior to speaking

or testifying. Third, we'd like to advise everyone that this proceeding is being recorded and that by

participating you acknowledge your agreement to be recorded. Fourth, 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. I'll repeat. To enter an appearance statement, call Google 267-270-5548 and leave

your email address and the address of the property at issue with that said we can begin but before

we call the first case we'd like to ask if anyone is requesting a continuance or withdrawal of an

appeal listed for this morning's hearing excuse me chairman could we announce those that we know

are continued first before asking for additional thank you in the meantime though if you are

requesting a continuance or withdrawal, and it's not one that I'm about to call off,

please raise your hand. Number five on our list, MI 2020-000656 is withdrawn.

MI 2020-000085-1800 West Ontario Street is continued MI 2020-000148-2301 Bly Avenue

is continued at the request of the attorney who represents the applicant

MI 2020-000657-4154 North 7th Street, request to be continued, MI 2020-000826-6301 North Broad

Street. This case is being resumed. It's a resumption hearing that will take place on December the 2nd.

It's a resumption hearing that will take place on December 2nd at 3.30 p.m. at the request of Councilwoman Parker.

Again, that's 6301 North Broad Street.

The case will be resumed on December 2nd at 3.30 p.m. at the request of Councilwoman Parker.

If there are any other cases that are requesting a continuance or withdrawal, please raise your hand.

And if anyone has any objection to the cases I just read in as to either being withdrawn or continued, please raise your hand also.

Also, before we proceed, Mr. Chairman, if anyone here presenting a case today hasn't met with the RCO or hasn't emailed their exhibit packet five days prior to this hearing, please raise your hand.

Come forward now and explain to the board.

Thank you.

Thank you.

Chair, we're calling forward attorney Joseph Vaccaro.

Mr. Vaccaro you can unmute yourself and wait to be sworn in. Good morning sir please identify

yourself with the record first and spell your last name. Good morning may please the board

Joseph Vaccaro V-A-C-C-A-R-O attorney ID 83366 address 5918 Torresdale Avenue Philadelphia

Philadelphia PA 19135, attorney for the applicant.

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

Yes, I do.

Okay, please proceed, sir.

Yes, we had placed a request for a continuance on this matter.

It's number 13 on your list.

And the reason for the request for the continuance is that we had not received the orange posters in time to put up on the property.

well that case is continued oh okay excuse me could we please could we um miss sunkett could

you explain to the applicant are we sending out orange posters um no for clarification

an email was sent out to the applicant of record with the posters and instructions

it might be that they didn't see it but I gave verification that Jason sent the poster out

timely it's going to come in your email okay okay thank you very much thank you anyone else

requesting a continuance or withdrawal or does anyone have any objection to the cases that have

already been called to be continued sure we have Augusta O'Neill you can unmute yourself and speak

to a continuance good morning good morning ma'am please identify yourself for the record first and

last name spell your name for the stenographer sure my first name is augusta a-u-g-u-s-t-a

my last name is o'neill o apostrophe n-b-i-l-l my address is 1835 market street suite 1400

philadelphia pa um i am the you swear and affirm to tell the truth the whole truth and nothing

about the truth. I do. Thank you. Please proceed. Thank you. I just wanted to let the board know

I'm the attorney for the applicant for Appeal MI-2020-000148. The address is 2301 Blay Avenue,

B-L-E-I-G-H. And I just wanted to get on the record and let the board know that we have tried

quite a few times to get through to the RCO for this property, which would be the Ronhurst

Civic Association. And so the reason that we had requested today's continuance is just to give us

some more time to meet with the RCO. But if we are unsuccessful in meeting with them before the

next time that we get a hearing date, we do intend to move forward. But like I said, we will be

making more efforts to meet with the RCO but that was the reason for my continuance request today

oh okay can anyone hear me yes chair yeah okay I've I lost the video that's why I'm asking all

right uh thank you thanks very much

Chair, we'll bring it forward. Attorney Allen Nockamson.

Good morning, Allen. Please identify yourself for the record.

Good morning, Mr. Chair, members of the board.

Allen Nockamson of Nockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

and do you swear and affirm to tell the truth the whole truth nothing but the truth

i do please proceed i am entering my appearance for 1327 north fourth street mi-2020-000117

and i'm asking for a continuance it's number four on our sheet uh on

and i'm asking for a continuance it's number four on our sheet uh on our list mi 2020-000117

1327 north fourth street is continued thank you

anyone else yes we still have a few um slone folks from the council person's office you're

unmute yourself speak to a container good morning chairman to chico and the zba board good morning

mr folks please identify yourself and then i'll swear you in my name is sloan folks s-l-o-a-n-e

folks f-s and fire o-l-k-s office of maria can you understand

hello hello sorry mr folks can you unmute yourself

Okay, I'll try that one more time.

I thought, okay, now I see.

We got your name.

All right.

Sloan, folks, again, Office of Councilwoman Sanchez,

room 508, City Hall, 19107.

We're in a firm to tell the truth, the whole truth,

nothing but the truth.

Yes, sir, I do.

I don't have a page number,

but I'm going to give you the meeting number,

which is MI-2020-000740-2949 North Hancock Street.

We do not have a record of this applicant meeting with a coordinating RCO

or submitting a letter to a coordinating RCO.

If they have done so, we are willing to let the hearing go on,

but we don't have a record, and in that case, we're requesting a continuance.

okay that's uh number 11 on our list do we have any information on that could we call to see if

anyone from the applicant is here but we also have no exhibits on this one anyone here for 29 49 north

Hancock. I don't see a hand up for the applicant or owner. If I could, Chair, request that this be

labeled as must be heard as this appeal came in December of 2019. Okay, very good. Thank you.

And this is the second time we've continued this one, if I'm not mistaken.

Okay, MI 2020-000740-2949 North Hancock Street is continued to a date whenever we have a date yet?

No.

If not, must be heard. At the time of the continuance, must be heard.

Okay, Chair, I'm bringing forth Hillary Emerson from the Councilperson's Office.

good morning miss emerson please identify yourself with a record and i'll swear you in

good morning mr chair members of the board hillary emerson on behalf of councilwoman sherelle parker

we're confirmed to tell the truth the whole truth nothing but the truth

i do um i'm yes i'm here um regarding 6301 um north broad street um our office requested a

continuance in that matter, because we heard that there were some neighbors who were withdrawing

their opposition from the project. So we're planning to have a meeting in the next couple

of days with the near neighbors to find out if that sentiment is widely shared or it's just a

couple of neighbors that have changed their minds so that we can give an informed position to the

board. We had hoped to have the resumption hearing next week, but I heard December 2nd. Am I correct?

does that mean there's nothing available next week i believe so and then the following week is uh

thanksgiving right right it's december 2nd at 3 30 correct that's correct okay all right that's

everything thank you thank you anyone else we have a frida williams frida you can unmute yourself and

speak to a continuance. Good morning. Please identify yourselves by your first and last name

and then I'll swear you in. Good morning to you. My name is Freda F-R-E-I-D-A Williams and I am the

chair of the housing and zoning committee for OCA which is the RCO for the matter 6301 North Broad

street. We're in a firm to tell the truth, the whole truth, nothing but the truth. I do.

Have you heard that this case is being continued to December the 2nd?

I did hear it and I wanted to state for the record that as far as the RCO is concerned,

that as far as the RCO is concerned, we have had and we have sent to the zoning board three

we have had and we have

I don't know.

separate letters based on three separate meetings that we have had with the community.

And we are actually auto zone weary. The most recent meeting that we had was at the direction

of the zoning board. We met person to person, face to face at the site. We went through every

element of the um community benefit that had been offered and so we are i'm sorry yeah because

the attorney of record is not here right and then and so in other words they that was communicated

to them but it was not communicated to the rco that there was going to be a request for continuance

which we request was actually at the request requested by the councilwoman i understand that

I understand that. I'm simply saying that it was unfair. Since the attorney is not here,

it clearly was conveyed by the council office or whomever that there was going to be a request,

but the RCO was not given that courtesy. Sorry, this is Hillary from the councilman's office. I

emailed the RCO last night after I received confirmation from the applicant's attorney

that they would agree to a continuance, that there was going to be a continuance, and received

a response from the RCO this morning so I believe that they were aware that a continuance was being

requested. I checked my email I didn't have it. All right Ms. Williams I understand your frustration

uh you know we don't particularly like to continue to have hearings over and over again as well

uh but you know with all due respect in this day and age with the issues we're having with

Zoom meetings and all the electronic stuff uh you know we apologize if you didn't get that

uh uh that if that notification last evening but as it stands now the the cases continue to

december the 2nd at 3 30. any of the other issues i suggest you have a conversation with

uh miss emerson or the councilwoman's office all done chair ready to go forward

is that any or any more tanya no we're ready to go forward here thank you uh before we

begin hold on please um we have one add-on case uh mi 2020 dash 000325 944 belmont avenue my vote

is yes my vote is yes my vote is yes my vote is yes you and we'll go with the first case confessor

MI 2020-000666-1216

West Lycoming Street.

This is Sharon Sleda.

I have no record of having received appeals for this case.

I'm sorry, I haven't received exhibits.

Thank you.

Anyone here for 1216 West Lycoming?

No hands are up at this time

and my request again would be as

must be heard. The application was made November 2019. Thank you. MI 2020-000666-1216 West Lycoming

street is continued and must be heard uh mi 2020 that's zero zero zero three one seven

one three west wilde street

here i have promoted attorney clementa amazon

good morning good afternoon chairman and members of the board it's still morning good morning

okay please i'm a little ahead of myself uh spell your first and last name for the record and then

i'll swear you in of course clementa amazon c l e m e n t a last name is amazon a m a z a n

Thank you.

So we're in a firm to tell the truth, the whole truth, and nothing but the truth?

I do.

Thank you.

Mr. Plaza?

Do you agree to waive the reading of his refusal and stipulate to its accuracy?

Actually, the refusal states that we are seeking a duplex, but that is not the case.

It is still going to be a single family.

Okay.

Also, have you emailed an exhibit packet with the required documents, proof of ownership,

proof of tax compliance, copy of the refusal or referral

quotas and plans five days prior to this year?

Yes, I have.

Have you met with the RCO and have a letter?

have you met with the rco and have a letter yes and they are in support of the project

Yes, and they are in support of the project.

thank you please proceed um thank you before we proceed connect this is sharon saleta we did

Thank you.

receive a letter of support from fna and a letter of non-opposition from councilman squilla thank

you you're welcome thank you please proceed all right i'll just share my screen

can everybody see that yes perfect so here i have a packet of exhibits

first is the deed as you can see here

tax clearance

and as i mentioned prior we are seeking to do a single family home still we are doing a two-story

rear addition but it is not going to be a duplex

and this is our property right here still rsa5 maintaining that single

family a map of the area and this is a

photograph of our property right here in the middle