with me is carol tenary our vice chair president mr chair ismael shaheed our board secretary
he should be on very shortly thomas holliman our board member present mr chairman and james
snell our board member present mr chairman also here is our executive director tanya sunkett
and our board attorney hillary emerson here's our virtual format be advised the proceedings
are being recorded. By participating, you acknowledge your agreement to be recorded.
The video will be available by contacting tonyasunkett at phila.gov. For the benefit
of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you are participating by phone, if you wish to testify, press star 9 to raise your hand
and star six to unmute. To enter an appearance statement, call 267-270-5548.
Leave your email and the address of the property in question. And last, please note the question
answer box on the screen is not for testimony or comments. Any comments have to be directed
to our Executive Director, Tanya Sunken. So let's look at the continuances that we have this
afternoon. Number 11, MI 2022-000-295-601 West Cliveland Street. This is a continuance,
attorney moving party. We'll have to get back to the zoning board within 90 days.
And number two, MI 2022-002-114-6040 King Sesson Avenue.
This case is continued.
Both those cases, is there anyone in the virtual audience who has a comment relative to those cases?
I see no hands, Chair.
Thank you.
Are there any other continuing which is requested for this afternoon?
I see no hands, Chair.
Mr. Chair, this is Hillary.
I think we can also note on the record about number 13 being listed in error.
Please call that.
I was going to do that at the end, but that's fine.
I'll do it right now.
Number 13 has been listed in error.
That case is being held.
We'll be voted on in a later date.
Can you please give the MI number and the address?
M-I-2020-002-812-830-East Thayer Street.
Any withdrawals?
I see no handshare.
Okay, thank you.
I'm going to an add-on first.
M-I-2021-003-395.
i vote yes with proviso no more than nine units harold tenary yes with proviso
i'm not the james snell james snell yes with proviso thank you on to our our list
MI 2022-001-977, 1007-13 New Market Street.
Stephen Pollack is the attorney.
We have a letter of applicant provided an email from Northern Liberty's Neighbors Association
indicating their support, and a letter of non-opposition from Councilman Mark Squilla.
Mr. Pollack.
Mr. Pollack is coming back in as a panelist.
Good afternoon, Mr. Chairman, members of the board.
Stephen Pollack on behalf.
Good afternoon. Stephen Pollack on behalf of Proud American LLC, the applicant and appellant in this matter.
Good afternoon.
Stephen Pollack on behalf of Proud American LLC, the applicant.
Mr. Pollack, just for the record, could you spell your name for the court reporter?
Sure. Stephen with the P-H-S-T-E-P-H-E-N, Pollack, P-O-L-L-O-C-K.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I do, Mr. Chairman, members of the board.
Our vice chair, Carol Tenere, has just a few questions.
Yes, sir.
Hi, Mr. Pollack. Do you agree to weigh the reading of the refusal and stipulate to its accuracy?
I do. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos under plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes to all of the above, Madam Chair.
Okay, great. You may proceed and begin to share your screen.
Okay. If I may, I have Nico Rialbuto, who is my associate, who will, if he can be able to share the screen, that would be great.
Great.
And I also, for the record, we have Sarah Proud, who is a member of the, one of the operators of Jerry's Bar, which operates under Proud American at this location at 1007 to 13 New Market Street.
So I will be calling on Sarah at the appropriate moment to adopt my testimony.
Members of the board, Mr. Chairman, we are back again.
Last year, you granted us a temporary variance to use a lot across the street from Jerry's Bar as an outdoor restaurant under certain limited conditions and have the temporary variance only run through the end of 2021.
We're back again to do the same thing, to have it run through December 31st of 2022.
We were heavily involved with discussions with Larry Friedman and the Norton Liberties Association and worked out the provisos that are contained in the Norton Liberties letter, as well as adopted by Councilman Squilla in his letter of no opposition.
so we are hopeful of operating under those same conditions for this year
can I call on Sarah to be sworn in Mr. Chairman just to
Sarah are you there
there she is I see her
Could you state your name and spell it, please, for the court reporter?
Have to unmute yourself, Sarah.
I'm sorry.
Can we pause for a second?
Can you hear me now?
Can we pause for a second?
We can.
Can you promote her to a panelist so she can share the screen?
By the way.
Thank you kindly.
can you hear me now we can could you state your name and spell for the court reporter please
sarah proud s-a-r-a-p-r-o-u-d do you swear or affirm to tell the truth the whole truth and
nothing but the truth yes proceed mr pollack okay um i just just this is the marvel of zoom
Mr. Chairman, members of the board, Sarah was just diagnosed with active COVID, but because we're on Zoom, she's safely away from everybody.
I know you've pulled away from the screen, Mr. Chair, but you're okay.
I'm laughing for other reasons.
I hear you.
Sarah, you've heard what I've stated on the record.
Is it true and accurate that you've been able to operate all last year under the same conditions and want to operate under those conditions through the end of the year of 2020?
to yes okay and do you adopt what i've stated on the record as your testimony
is true and correct yes okay and mr chair and we've had no incident last year and we're waiting
for the approval again to get started again is that correct yes okay that mr chairman members
of the board we have i have lauren thompson our architect on but i don't think there's
any need to call her uh we've had pre-marked exhibits a1 through a13 and uh including we
didn't have the councilman squill is letter of non-opposition at that time and we would rest and
just ask the board to be willing to grant us the temporary variance based on those conditions
worked out with northern liberties through the end of december 3122 questions from the board
no mr chairman mr chairman no mr chairman questions or comments from from mr chair this
is this is hillary was there something that was supposed to be shown on the screen
Hey, if you want to, Mr. Paul, if you could show us just pictures of places, fine.
hey if you want to mr paul if you could show us just pictures of
Yeah, Nico, if you want to show the pictures of the property again.
I'm able to speak, but I don't have screen sharing access.
Oh, could he, could Nico be?
He can be.
If you want to put me down to where you just can put me as a voice or we don't need, I mean, Sarah.
okay if we get nico we just show the pictures
did you ask them to raise their hand please i think we have a miss nicholas here it is that's
good that's fine show the pictures mr powell thanks miss l okay there you go that's that was
the that's lauren thompson's plan our architect's plan that's a view of the property that you know
We put up the fencing from last year, the railing, and if you see a little bit more down below, you see all these various pictures of what the property looks like.
The bar up number 26 is the bar area across the street, so we'll be shuttling back and forth from the kitchen at Jerry's Bar over to here when it's used, and we have limited hours that will be open.
And picture 32, where the little hand is right now, shows you pretty much a good view along New Market Street.
So does 33, 32, 33, and 34, and even 35, Mr. Chair.
There you go.
That's basically, it arose out of having this lot and with COVID last year, and unfortunately, it seems like there's a strain or two of COVID arising again.
And it just provides us with an alternative for dining that's actually off the city sidewalk, off the street.
It's a it's this private lot that we're in the future will probably need to be developed for something else.
But that's why we're asking for the temporary variance. And Sarah, I'll just bring you back to say you've heard what I stated again.
Do you adopt that as your testimony and is true and correct? Yes, I do.
Thank you, Mr. Powell. Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission.
Good afternoon, Chair, members of the Board.
This is Craig Waldman, Planning Commission staff.
My name is spelled G-R-E-G-O-R-Y, last name Waldman, W-A-L-D-M-A-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, sir.
In 2014, the zoning map was amended in this area in accord with recommendations from the comprehensive plan.
This parcel was intentionally not changed.
The applicant is seeking to continue a use whose temporary zoning permit expired in January.
During that time that the temporary use variance was in effect, the lot did not present detrimental impacts to the surrounding community.
Accordingly, the Planning Commission supports the granting of a temporary variance.
Thank you.
MI 2022, 001-977, 1007-13 New Market Street.
I vote yes with proviso.
Temporary variance to expire, 12-31-22.
Hours of operation, closed Mondays, Tuesdays through Thursdays, 3P to 10P, Friday 3P to 11P, Saturday 9A to 11P, and Sunday 9A to 10P.
Maximum of 35 seats
No live or amplified music
Use existing trash facilities
And no glassware
Okay, my Carol Tannery
My vote is yes with provisos
Thomas Holloman
My vote is yes with provisos
James Snell
My vote is yes with provisos
Thank you, Mr. Pollack
Thank you, Mr. Chairman and members of the board. Have a great day. Take care.
Number two, MI 2022 002131 1738 Pine Street. Melanie Lacey is the attorney. Letter of non-opposition from Center City Residents Association.
Melanie Lacey one moment can you see and hear me oh yeah we can now we can great uh good afternoon
members of the board Mr. Chairman Melanie Lacey I'm with Claire Harrison that's M-E-L-A-N-I-E
last name L-A-C-E-Y the adjusts 1835 Market Street Suite 1400 Philadelphia Pierre right
The address is 1835 Market Street, Suite 1400, Philadelphia, PA.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Could you identify your client and relationship to the property?
Yes. I'm accompanied by Glenn Goodman, who is an owner of the property.
Our vice chair, Carol Tenere, has a few questions.
Hi, Ms. Lacey. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
have you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal or
referral photos and or plans of the property five days in advance of this hearing and have you met
with the rco and do you have a letter yes to all of the above okay great you may proceed and begin
sharing your screen miss lacy before we begin did you did you we needed interior photos and
floor plans. Do you have that? I provided that earlier this morning. Okay, thank you. Yes. Okay,
are you seeing my screen at this time? We can. Okay, wonderful. So as mentioned, this application
of appeal concerns 1738 Pine Street, and we are seeking to legalize seven existing residential
dwelling units in a four-story building. So I just want to clarify that no new construction is
proposed and the applicant hasn't changed the layout at any point since acquiring the building
in 2001. In fact, at all times since at least 1973, the building has had seven rental units
and the first floor has two units with a street facing unit that switched between an office and
residential space. So let me walk you through the application briefly. As mentioned, we did meet
with the RCO, the coordinating RCO for this district is Center City Residents Association.
We met with them on May 24th, and they provided a letter of non-opposition. And
we also have a letter from the immediate neighbor located at 1736 Pine Street,
which is also a multifamily building attached to the right. And as you can see, she states that
Mr. Goodman's property has been consistently upkept with long-term tenants and no complaints.
So here's a zoning history and here we have two permits to present. Here we have
one reflecting a permit for seven apartments and this is dated May 2nd of 73 as I mentioned before
And this one was for six units and that office space that I mentioned, but it has in fact been used exclusively as residential for all seven units since that time.
So we're here because the property is zoned RM1, and let me go back to the zoning map, which changed during the course of the ownership, of course.
And we have to seek approval of the number of units in question.
So by right, four units are permitted, but we are proposing seven, which all have been in place, as mentioned earlier.
This is a zoning map showing that the block and surrounding area are zoned RM1 with a few overlays.
and here are some uh properties of the surrounding area this is an exterior photograph showing the
front corner and um block and we do have proof of posting here as well as interior photographs that
you requested earlier we have a picture of the vestibule there are two units on the first floor
second floor, third floor, fourth. And the remaining documents include the deed,
tax compliance, application of appeal, and proof of mailing. So
that pretty much sums up the application. I just want to reiterate that it is a predominantly
residential area, no change to the character of the block as it stands, and no proposed