Let me swear.
Do you swear and affirm?
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Please.
Go ahead, Mr. DeMarco.
Thank you.
Doctor, did you hear my testimony?
Do you adopt it as your own, as true and accurate?
Is there anything unusual or unique about your optometrist operation that would make it more adverse and more impactful than any other optometrist office?
My main function is to examine eyes, prescribe glasses, dispense contact lenses.
We don't deal in medical procedure.
We don't use syringes.
I don't have a medical wastebasket.
It's all common stuff.
So, yeah, it's pretty simple stuff.
That's all I have, Mr. Chairman.
Obviously, I feel we easily meet the standard for special exception.
We got caught in an overlay.
This is clearly the type of use that's intended for this location.
Questions from the board?
Anyone else wish to testify in this case?
If so, please raise your hand.
No hands at this time. Thank you. Planning Commission. Good afternoon Chairman,
members of the board, Ian Litwin, Planning Commission staff. This proposal supports
the local commercial corridor which contains many other medical office uses.
The proposed use will not cause detrimental impacts beyond that which
might normally be expected from the proposed use. Therefore we have no
opposition to granting the special exception. Thank you. MI-2020-00-1190-6778-84 Ridge Avenue.
My vote is yes. My vote is yes. My vote is yes. My vote is yes. Before we begin, the court
reporter, we have one more case and then we'll take a break. Does that work for you?
that's fine thank you everyone have a good afternoon
okay confessor okay m i 2020 dash zero zero zero one four one 94 15 boston avenue
Sean Ward, you've been promoted to panelists.
You can unmute your mic and wait to be sworn in.
Good afternoon, Mr. Chair, members of the board.
Good afternoon, Sean.
You swore our firm to tell the truth, the whole truth, for nothing but the truth?
Do you agree to waive the reading of its refusal and stipulate to its accuracy?
Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral?
Yes, I have.
Awesome. Have you met with the RCO and have a letter?
Thank you. You may proceed.
Good afternoon, Mr. Chairman, members of the board.
Sean Ward, on behalf of the applicant, my address is 331 East Street Road, Trevos, Pennsylvania, 19053.
On the conference today is my client, Peter Borgman.
On the conference today is my client, Peter Borgman.
I asked Peter to raise his hand so that way Tanya can identify him.
He has a different old version of Zoom, so he can't be promoted to speak.
Oh, okay.
All right, I'm going to share my screen at this time.
can everybody see my screen yes sure okay thank you very much tanya mr chairman i've sent in my
typical exhibit packet which includes a1 is the notice of refusal this was an application for a
permit for a business and professional office on the first floor front of an existing attached
a semi-detached structure with two existing apartments, one at the first floor rear,
one at the second floor. Because this represented a change in use of the commercial space,
it resulted in a refusal, not for the commercial space, but for the existing two-family dwelling.
Accordingly, we seek to affirm our use and obtain a variance today. A2 is the
ZBA application, transmittal letter, the application of appeal, the PIF, or project information form.
A4 is proof of ownership. It's the subject property deed. And then we have A5 is the
proof of tax compliance, showing that all tax payments are made through 2020.
A7 is the letter of support from a letter of support from Greater Busselton Civic League.
We had a phone conference meeting with them last week, and they voted by a vote of 10
to 1 to support the application, and followed by that is the Councilman O'Neill's letter
of non-opposition to the subject application.
Moving on with the exhibits, you'll see it's an attached structure.
We have proof of posting the subject property, three existing electric meters on the property.
The apartments are accessed from the rear.
There's an upstairs apartment and then there's a downstairs apartment.
The property is situated in between a Midas muffler shop to the north
and Epi's Tire and Service Center to the south.
The property is located on Busselton Avenue in between Grant Avenue to the north
and Welsh Road to the south.
Again, just some photos of the subject area.
With regard to the zoning history, it's important to note that 1989,
it was zoned as a beauty shop and two apartments.
1970 a one of the apartments was converted into a barber shop so it's a barber shop a beauty shop
in one apartment for some time prior to that 1967 again it was a beauty shop and two apartments
and then as far back as 1950 you'll see it was a real estate office and two apartments so
So we sent the RCO meeting notice out with a copy of the refusal, a copy of the zoning notice,
and a copy of the 1989 permit, which was the most recent permit indicating that it was a beauty shop
and a two-family dwelling. That's just a copy of a returned letter that was undeliverable,
our certificate of mailing copy of the zoning map you'll see the property is
owned CA1 auto related commercial again you'll see Welsh Road to the south and
then Grand Avenue to the north and then here's an aerial photo and that is the
substance substance and subject of the application given the fact that it's
been used as a two-family dwelling with a commercial space since 1950 or better, we
would ask that the board grant the request of relief today. If Mr. Boardman was available
to testify, he would certainly affirm the truth and veracity of my statements to the
board and would adopt them as his own testimony. Thank you. Question from the board. No.
anyone else wish to testify in this case please raise your hand here we have a
bernard bernard you can unmute yourself and wait to be sworn in
Bernard, you can unmute yourself and wait to be sworn in.
Bernard?
Okay, Chair, you can move on.
Hello? Can you hear me?
Now we can.
I was having problems unmuting.
Please identify yourself, first and last name.
Bernard Carl Jadak.
I'm the zoning chair for Greater Busville and Civic.
I wanted to make sure you got the RCO letter and everything.
We support it.
Bernard, could I ask you to spell your last name, please?
J-A-D-A-C-H.
Thank you.
And complete your, I'm sorry, finish with your testimony.
Was he sworn in, Chair?
Swear and affirm to tell the truth, the whole truth, nothing but the truth?
Thank you, Tanya.
all right please proceed yeah i'm the zoning chair for the rco greater bustle and civic league
um i just wanted to make sure you got our uh letter which you did okay and uh uh
uh uh uh for it okay in support of it uh and uh um yeah that's basically it i just and uh
So our only other thing was some basic housekeeping on the building would be appreciated.
Yeah, I noticed some of that myself, especially where the electric meters were.
Yes, there's a bunch of areas like that.
Yeah, Mr. Chairman, my client's father owns the property, but Hans Boardman is the owner of the property.
He's retired, and Peter is now going to take over responsibilities for management of the property.
thank you and we did discuss that at the rco conference call thank you uh planning commission
good afternoon chairman members of the board ian litwin planning commission staff
the comprehensive plan recommends this parcel be zoned cmx2 and it is within the old buston
town center focus area from the far northeast district plan this proposal conforms with cmx2
zoning district requirements therefore we have no opposition to granting the variance thank you
mi-2020-0001419415 busselton avenue my vote is yes my vote is yes my vote is yes
my vote is yes mr chairman thank you very much that concludes my business may i be excuse yes
you may thank you very much everybody have a great day thank you likewise
Tanya and Sharon any unfinished business on the two o'clock list nothing that's it all right so
we'll reconvene at 4 45. sounds good okay thank you see you then
thank you
all right everyone here let's see tom confessor and jim we're all here yep we're here all right guys
thank you everyone's ready all right good afternoon everyone my name is frank de chico
I'm the chair of the zoning board of adjustment. I'll be participating in today's hearing along
with our board secretary, Confessor Plaza, and board members, Mr. Thomas Holloman and Mr. James
Snell. Board administrator, Tanya Sunkit, and board attorney, Sharon Saleta, 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, 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
two seven zero five five four eight and leave your email address and the address of the property at
issue. I'll repeat to enter an appearance statement call google two six seven two seven zero five
five four eight and leave your email address and the address of the property at issue. That being
said we will begin but before we begin excuse me i'd like to ask if anyone is requesting a
continuance or a withdrawal of an appeal listed for this afternoon's hearing and i will note
that as I noted at the beginning of the two o'clock session,
that MI-2020-000044-1925 North 4th Street
is scheduled for tomorrow at 3.30, not this afternoon.
Chair, this is Tanya speaking.
if i may i have received a continuance request from the attorney of record jeffrey young
for number three on your list okay mi-2020-001010 2608 west dolphin street is continued
okay chair if i may i have a situation that arose with 3522 arthur street number five on your list
okay it was scheduled for today however the applicant of record
was not notified therefore i rescheduled it for 10 21 20 at 2 pm
10 20 or 10 21 10 21 20 wednesday the 21st at 2 p.m okay mi-2020-0007513522 arthur street
is continued till October the 21st at 2 p.m? Correct. Now, I do have a hand up. Jeffrey Young,
you've been unmuted. You can speak to a continued. Good afternoon, Mr. Young. Please identify
yourself, spell your first and last name, and give us your address. Good afternoon, Mr. Chairman.
Jeffrey Young, J-E-F-F-E-R-Y-Y-O-U-N-G, 3900 Ford Rue, Suite B, Philadelphia PA, 19131.
I am...
Do you swear to the firm to tell the truth, the whole truth, and nothing but the truth?
Thank you.
Please proceed.
Mr. Chairman, I am speaking at the moment in regards to the continuing request for meeting
ID 2020-001010, 2608 Dolphin Street. My client and I have been unsuccessful in meeting with the
community, so we are asking for a continuous at this time. All right, that's already been put on
the record. That case will be continued. Thank you. You can speak to Ms. Sunkett about a date.
thank you thank you that's all the hands i have chair okay uh before we begin let's see um
confessor i think we had a request to call some cases out of order yeah i believe number seven
yeah okay you'll start with that one please okay meeting item mi 2020-000049 53 north 52nd street
mr bertill uh yes steve bertill has been promoted to panelists
and just the fyi this is a resumption hearing yes from september
yeah thank you you're still on the roof thank you uh good afternoon members of the board mr chairman
thank you mr do i need to be i had an earlier meeting so i think i'm yeah you're still on
there you're still on the roof okay thank you um uh as miss sunk it uh please identify yourself
for the record? Oh, my apologies. Steve Bertil, B-E-R-T-I-L, 1835 Market Street, Suite 1400,
Philadelphia PA 19103. I am here on behalf of the applicant for 53 to 59 North 52nd Street,
MI-2020-000049.
MI 2020-000049. As Ms. Sunkett stated, we're here for a resumption hearing. We
appeared, by way of a brief background, we appeared before the board on September
1st on this application and presented and put on evidence and testimony
regarding a entrepreneurship hub at this location. At that time, we had multiple meetings with the
RCO in the community and the RCO leadership. We heard testimony from both the applicant regarding
the attention of the project, but also the RCO, both the coordinating RCO and then also
or the other RCO that's located in that area regarding their support and concept,
but they had some questions, or not questions,