We are live. Thanks Abby. We are live. Thank you. Good morning everyone. My name is Frank DiCicco. I'm
the chair of the Zoning Board of Adjustment. We have a quorum. In attendance is our vice chair
Ms. Carol Tenere, our board member Mr. Thomas Holloman and our board secretary Mr. Confessor
Plaza. In addition we will have Tanya Sunkett our board administrator and our city solicitor
Sharon Soletta will be joining us shortly. As you're probably aware, today is our fourth week
of holding virtual hearings. While we may have to make some adjustments along the way,
our plan is to call each case and basically proceed as we would have in a live hearing.
We ask that attorneys for the applicants or other interested parties identify themselves for the
record when the case you'll be participating in is called. We will then
hear the applicant's presentation, followed by any presentation by
attorneys representing other parties. Interested parties and members of the
public not represented by counsel will then be given an opportunity to testify.
We will finally hear the recommendation of the Planning Commission. At the
hearing's conclusion, the board will either vote the matter immediately or
hold it for discussion in executive session. Any case held for discussion will be voted on the
record at the next scheduled August 12th morning session. A couple of changes related to the
virtual format. First, we will be administering oaths to individual participants prior to their
testimony rather than to the room as a whole since we do not have a room. Second, for the benefit of
anyone participating by phone, we ask that attorneys and witnesses identify themselves prior to speaking
or testifying. Third, I would like to advise everyone that this proceeding is being recorded
and that by participating, you acknowledge your agreement to be recorded. If anyone wishes to
testify, we ask that you raise your hand at the time your case is called, and Ms. Sunkit will
give you further information. Tanya? So if anyone has contacted us through
telephones as a call -in, in order for you to testify, you would have to raise your hand,
and on the telephone, you would push star nine to raise your hand, and once you are acknowledged
to testify then you would press star six which would unmute the phone and your mic and allow
you to testify and then if you called in by phone or um else you would have to put in an appearance
statement and if you wish to be a party to a case you have to put in a parent statement
to call that number to do that would be 267 -270 -5548. Again, the number is 267 -270 -5548,
and that's a Google phone number where you can call and put in a parent statement. Thank you,
Chair. Thank you. And again, I'd like to ask the attorneys to please limit your testimony
to those issues that are absolutely necessary for the record. We'd appreciate keeping their
testimony to at least one hour if not less. Thank you. At this time we'll entertain any requests
for continuances or withdrawals. Confessor. Is that me next? Somebody. I actually have a couple.
okay i do i have a couple hands up pasquale colavita you can now speak and mute yourself
okay here we go uh good morning uh i have the following addresses which are 17
and i'm one of them is listed in in the afternoon list but they are 1710 1712 1714
1716, and 1718 Master Street. Can you please identify yourself, sir?
Sure, Pasquale Colavita. On behalf of all of the property owners that I just stated, 1710
through 18 Master Street. And again, I'm not sure which one is on the afternoon list,
But the request is to have this matter continued to, I guess, at least 90 days.
We have a meeting with the RCO, which was previously scheduled, unfortunately, due to the.
with the RCO, which was previously scheduled, unfortunately, due to the closures. We were
unable to meet. And when I got the new date, did not have sufficient amount of time in which to
send out the notices. I believe that our new date is September. It's the third week in September.
i'm sorry um september 16th so we do already 1710 master is at the 330
okay can you continue do i need to reappear on that one or can you um just add this to that list
it's the same request we do add it i think we can add it yeah yes that's fine okay thank you
and that's well you'll be notified by
Ms. Shunkett as to you said you have a date
already? We do in September so
I would need something I guess after
September 16th
So you would have to send a letter
When you say
send a letter I've already requested it by
letter to give 90 days
but that would
in essence be what our request would
I've received
noticed from your department
yesterday that they received the email
request and it was forwarded up to you.
Okay, do I
continue with the continuances?
And if I do, everyone
should listen very carefully.
And if they're...
I'm sorry, did you want me to finish?
We still have other people.
Oh, go ahead. I'm sorry.
Yes, finish with...
Yeah. So Carrie Nace Post, you can unmute yourself and speak regarding your continuance.
Yes. Hi. Good morning. Carrie Nace Post, attorney with the law firm of Fox Rothschild
in Philadelphia. I am here regarding calendar number 39482. Property is located at 505 -509
south 9th street and the applicant is hereby withdrawing the appeal which is before this board
thank you carrie would you please uh spell your name for the stenographer
sure last name is nace n -a -s -e hyphen paust p -o -u -s -t thank you carrie thank you thank you
any other yes we have henry clinton mr clinton you've been allowed to speak you can unmute
yourself uh thank you tanya this may have already been taken care of because it is not on the list
for today it was originally listed for august 4th and this is henry clinton of the law firm of henry
M. Clinton, 1313 South 33rd Street, Philadelphia, PA, addressing 4329 East Thompson Street,
originally scheduled for today. I believe it has already been rescheduled. I'm just
calling and making sure out of an abundance of caution that I'm not on the list today.
And if I am, I'm asking for a continuance into September because the community group
bridesburg cannot meet with us until september 3rd
either way it'll be continued uh i think i i don't know if i saw that on the list or not
i did not mr chairman i did not see it on the list uh but just again out of the abundance of
caution and knowing the new procedures i just want to make sure all right thank you yes it was
received and sent to the board yeah tanya notified us thank you very much i appreciate it thank you
that's all we have on that's all we have on this end okay okay carol okay read the rest
Continuances, please listen carefully.
Calendar number 39908, 1727 North Lambert Street.
Calendar number 39321, 3008 Clifford Street.
And calendar number 38429, 4027 Creston Street is continued but expected to be withdrawn.
any other requests for continuances or withdrawals
if so you're out there please raise your hand
no hands are up chair you can proceed thank you tanya carol call the first
no hands are up chair you can proceed
thank you Tanya
count okay calendar number 39401 1429 wharton street the attorney is david mark kind
mr markheim you've been can you hear me panelists can i be heard we can hear you
oh thank you very much i appreciate it first of all i want to thank all the members of the board
for hearing this under these extraordinary circumstances.
I know what a difficult thing this is.
I am the attorney for the applicant
in this particular matter.
And I want to introduce the principal
for the applicant, William Liberato.
Mr. Markhine, before you do that,
can you please put your name and address on the record?
Absolutely.
Daniel Markhine, M -A -R -K -I -N -D.
I'm an attorney with the firm of Flaster Greenberg.
The address is 1835 Barclay Street, Suite 1050, Philadelphia, 19103.
And Mr. Markin, do you swear in a...
I'm sorry, Carol.
I know.
This is confusing today.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Frank?
Chairman?
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Thank you, Mr. Markham. Thank you. Please proceed.
Once again, I want to thank the board and I want to introduce my client, William Liberato, who is the principal of Wharton Street LLC.
What we are trying to do here is actually fairly simple. It's to correct something that occurred inadvertently a couple of years ago.
So this property has been two separate residential units, second floor and third floor, since 1963.
Approximately 2016, we came to the board for use authority to allow the bottom floor to be used as a cafe, which was granted.
but somehow for reasons that are not entirely clear, the zoning somehow got switched back
on the second and third floor, which had never been at issue. And for some reason, the use was
changed back to being a single family home. And what we're trying to do here is to restore the
prior zoning, which was two family dwellings, one on the second floor, one on the third floor,
the way it had been from 1963 to 2016.
And that's the entirety of what this case is about.
Any questions from the board?
Is there anyone else here who wishes to testify?
If so, please raise your hand
so that Ms. Sunke could recognize you.
no hands up chair thank you planning commission yes uh this property is indicated for commercial
mixed juice on the city plan given the property's history we have no objection to the granting
of the variance
thank you uh carol would you give me that calendar number and address again please
Sure. Calendar number 39401, 1429 Wharton Street.
Thank you. Calendar number 39401, 1429 Wharton Street. My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes. Good luck.
Thank you. Thank you, Mr. Mark.
Thank you.
Thank you, everybody, and have a good day.
You too. Thank you.
Calendar number 3 -9 -9 -0 -6 and 3 -9 -9 -0 -5, 2803 and 2805 West Allegheny Avenue.
The attorney is Henry Marshall or Marcial.
So, if the attorney is present, please raise your hand.
Mr. Chairman, the RCO opposes and is requesting
mr chairman the rco opposes and requests and is requesting a continuance on this
Thank you.
thank you what is the hello what is the rco slumpoodle thank you
is the attorney mr marcel can you hear me
Yes. Yes, we can. Sir, can you put your name and address on the record?
Yes, ma 'am. My name is Henri Marciel. I represent Angora Brothers LLC, the owners of 2803 -05
West Allegheny Avenue. My law office is Marciel and Hay. My address is 101 Lindenwood Drive,
suite 225 Malvern PA 19355. And sir do you agree to waive the reading of the
refusal and stipulate to its accuracy? I will stipulate to the accuracy of the
refusal. Okay please please spell your name for the stenographer please. Yes my
first name is spelled H -E -N -R -I. My last name is spelled M -A -R -C -I -A -L. Thank you and please proceed
with your testimony. Thank you. The matter before the zoning board today is for 2803 and 2805 West
allegheny avenue uh this is a property that was purchased at uh mortgage foreclosure by my clients
they are they submitted their proposal to renovate the property as on each half
four apartments two on the second floor two on the third floor
floor, so that would be a total of eight apartments between the two halves of the building.
And then on the first floor, which is already a combined open space to have a daycare center
as their current proposal.
The property is zoned CMX1, however, because it abuts residential RSA5 property, that is
the reason for the initial refusal as to some of the proposed changes I would be
introducing Seth Williams the representative of Angora Brothers LLC to
testify as to the scope of the project and did everybody receive the packet I
sent in it contains uh approximately uh 70 pages uh maybe a little bit more of the documents and
photos the plans are contained on page 54 and we will be referencing those in our discussion
May I proceed
Please proceed
Mr. Williams
Can you hear me
He hasn't been
Allowed to speak
I don't have a Seth Williams
I have a Seth Floyd
I'm sorry Seth Floyd
I'm sorry
Don Williams is the other partner
Seth Floyd
okay you've been allowed to speak you can unmute yourself mr floyd good morning everyone
mr floyd mr floyd um would you please spell your name for the stenographer
steph floyd s -e -t -h last name floyd f -l -o -y -d and do you swear and affirm to tell the truth
the whole truth and nothing but the truth yes i do thank you please proceed
Thank you. Mr. Floyd, please describe the current building at the time of your purchase.
The property at 2803 -05 West Allegheny was a staple in the community for a long time. It was the old Thomas Funeral Home.
This property is two contiguous parcels together that had some penetrations made previously
and a great center entrance for the funeral home.
for the funeral home what i purchased was a vacant dilapidated property
What I purchased was a vacant...
that we're looking to rehab that property is three stories the first floor level ground level
is a joint commercial space the second floor which uses office space and also funeral proceedings
And then the third floor on both sides were used as residential apartments.
And excuse me for interrupting.
Mr. Marcel, do you have plans you can share with us?
Yes, they are on page 54 of the packet I sent you.
Are you able to share them on the screen with us?
I can try.
Yeah, we've all been trying a lot of things lately, so don't worry about it.
If it doesn't work, we can understand that.
Let me see what I can do here, sir.
Just a moment.
All right, take your time.
Functions are worked.
uh it is right now not letting me pull this up um let me try share screens hold on thank you
can you see that yep we got it thank you yes we can okay um
Seth are you on the the copy of the plans I can see it okay very well then
Seth I'm going to walk you through the plans and at the same time ask you
questions regarding your proposal
there we go all right as you'll see on the plans the first page there's an
existing plot plan and then there's a proposed plot plan the backyard spaces
between the two halves of the building are slightly different part of the
proposed plan was actually on the second and third floor apartments to add a deck
on the shorter of the two halves that would bring the backs even and then via
that deck which is very small yeah probably you could probably only put a
lounge chair on it uh but it evens up the two backs and it provides additional access to light
and air for the tenants uh on the uh same for the third floor there was a deck uh proposed in the
middle in the small section between the two buildings uh call it the the building's um
little interior alley area that proposed part of the proposal has been removed
that is no longer going to be placed there that area and space between the
two halves of the building is going to remain open from ground to sky the
second portion on the second page of the plans you will see the proposed four
floor plans so the first floor is the area that has already had a section
opened up between the two halves that is the proposed daycare area that area will
remain open in its current configuration pending approval the tenants will will
move in and get their appropriate business licenses and and permits to move forward
with that portion of the project if you look at the front area of the building on the proposed
first floor plan you'll notice that the entry stairs to the second and third floors have been
moved all the way over to the right side the entry stairs if you look at if you look at the original
building were centered in the middle and the doorway to the first floor commercial
area was actually behind them so this leaves the doorway to the commercial
so this leaves the doorway to the commercial area fully exposed to the
area fully exposed
street and open for the proposed second floor plan you will know that there are
two apartments a one -bedroom and an efficiency on each side and then again
same for the third floor plan I believe on the third floor plan they are both
one bedrooms apartments mr. Floyd yes sir okay
I'm sorry just one correction the second and third floor are both the same to one
bedroom apartments two efficiency apartments okay I'm sorry I misread that
and is that on each side 2803 and 2805 yes ma 'am they mirror each other there
would be mirror images of each other thank you
mr. Floyd yes sir please describe how you derive this plan and your
interaction with the local RCO. The RCO we have been told to contact and we have been dealing with
is Community Action Group. And we had our meeting with Community Action Group
approximately three weeks ago. We did a Zoom meeting with them and they were the,
we were the first Zoom meeting we were able to accomplish with them
since the appeal process began
and the COVID -19 restrictions were put in place
immediately thereafter.
Mr. Floyd.
Yes, sir.
I'm sorry for interrupting you.
Please describe your project.
You asked me two different questions.
Do you want me to answer how we derived this?
Yes, I'm sorry.
All right.
Um, so, uh, this property, um, we made an assessment on the, started off with making
an assessment on the square footage of the property, which is, uh, approximately 5 ,256
square feet, uh, in total.
And we, um, attended a, uh, unofficial community meeting with the community action group, the
Neighborhood Association, the RCO, for this property.
During that meeting, we encountered comments about the housing in the neighborhood, as
well as rooming housing issues in the area.
we were originally looking to put apartments here and through discussions also with
the council men for this council person curtis jones's office that we were instructed to
try to make something at this location that would be affordable and in line with the
current rental prices. Our history for renovation work in the city has been taking dilapidated
properties and overly renovating them into a luxury level rentals with very high rents.
That's the brand that I've built and that is what we have done consistently and successfully.
Knowing that history, I was asked not to do that here at 28th and Allegheny just because of the rental rates that we have attracted in the past and that the need was more for something that could be afforded.
And so what we did was we've taken that input and we've matched it with our past and what our strengths are, which are making luxury units.
And we did the math and figured out what we would need to do to give someone at this location the same feel that we've given our other clients in the past, but also to put that in their budget.
And we designed a property here, which will still be a high end luxury units, but smaller sized units, which allowed us to still make the number and meet the.
which allowed us to still make the number and meet the need for the area,
really targeting younger clients as well as older downsizing clients and walkable clients.
After our unofficial meeting with the RCO, this is again before we filed, we did get a confirmation.
about the price point for these units, which we're targeting around $750 a month.
And we made modifications to our plans, which we then submitted. And again, we had the presentation
with the Community Association in reference to this property. The one thing that I would like
to say in reference to this we had a couple goals here one to meet the needs of the community
the second one is as me and my partner are both engineers and me specifically an environmental
engineer was to combine my two passions which was providing housing as well as improving everyone's
relationship with the earth and so incorporated in this project is a $100 ,000 approximately $100 ,000
solar panel project which will be on the roof. That is not a part of the zoning conversation
at this point. That is a permit job but I just think for the audience here listening
that you understand what type of property this is going to be and what our vision was.
We currently have a proposal which will not involve any natural gas.
This property will be 100 % electric and high efficient.
The proposal for the solar panel system, which spans both roofs, almost around 100 % coverage
of the two roofs is projected to supply about 94 percent of this property's electrical usage
therefore reducing our carbon footprint on this property projected down to only six percent
of any of the adjacent and joining properties
Through building mechanisms, we plan to use high -efficiency windows, high -efficiency
insulation, high -efficiency equipment, air conditioning, high -efficiency light bulbs,
and we're going to try to beat that 94 percent projection of energy production and try to get
this building to 100%, creating a zero carbon, zero fossil fuel building right at 28th and
Allegheny. Mr. Floyd, can you please describe the standard amenities proposed for each apartment?
Our buildings have been consistent, which are natural bamboo flooring. Again, not using hardwood
flooring which cuts down trees all of the apartments would be
high quality nail down bamboo flooring high efficiency energy efficient windows
high energy efficient central air and heating
granite countertops recessed lights ceiling fans to reduce air conditioning
full bathrooms and we're normally some version of a marble tile
Again, granite countertops, and a very luxurious feel to the property.
Commercial glass entrance doors, intercom buzzers, security cameras.
That's really like the feel of the building.
Very modern coloring and schemes and very natural feelings of the property.
Thank you.
Mr. Floyd, the current proposal includes waste management in context of an apartment building. Could you please describe that?
Well, one of the things that was asked of us when our first refusal was to articulate and define an area for refuse for this building.
And so part of our staircase moving, which was originally blocking the commercial entrance doors from the first floor, was a two purpose.
was a two -purpose. One, that the commercial space would be clearly visible and accessible to the
One, that the commercial space would be clearly.
street. The second part is also to create a place in a way for us to contain the refuse
fence in the front of the property, also not make them very visible and allow us the way to be able
to put them in the fencing and chain them without being an obstruction and also still
maintain the curb appeal of the property and so part of the trash and refuge storage here
will be underneath the grand entrance to the right and then adjacent to it to the left of it
Mr. Floyd describe your management plan going forward
property management or trash management I'm sorry property management
so i someone else speaking
in reference to property management i first disclosed that i am a pennsylvania and new
jersey licensed real estate broker i'm also a part of the association so i'm there for a realtor
and of course being as a licensed real estate broker for the last 10 years license sales for
15 for the state of Pennsylvania and a realtor. I adhere to the highest code of conduct, ethics,
management, training, and retraining biannually for the state of Pennsylvania.
We own a sales and rental management company. And this, as I am part half of 50 % owner of this,
my full -time 100 % company that does property management will be managing this particular
property and all the tenants and including the commercial tenant. So very experienced
and legal professional management. Mr. Floyd, please describe the parking in the area.
I'll preface this by saying that this area is a high density mixed residential commercial area
and the parking in the area is is congested specifically this parcel which actually is only
a row of four properties, which is then connected to a commercial outfit, which actually is
the closed off street of 28th Street.
But our particular row is four properties and with commercial on the bottom, residential
upstairs.
In reference to the parking in front of these four parcels, I believe it was because of
the funeral home being there before.
it's a the entire stretch is a no no parking sign and so the entire lane in front of the four
parcels on west allegheny are always open and that lane is open across the street is the technical
school the catholic technical school and a church and that entire two block stretch is also a no
parking during school hours, except for, I believe, school visits or students coming in or pickup
drop -offs. And that really makes up the main block of parking. It essentially creates a pickup drop -off
area in front of our parcel and our adjacent property parcels. On the side streets and rear
are all one -way streets with one lane, one directional traffic, and those blocks appear
to have a congested parking on those blocks. This seems to have been a neighborhood created
to be a walkable area. It's also two blocks up from the SEPTA bus depot, which is only
at 27th and Allegheny through 26th and Allegheny and the bus stop actually one of the bus stops is
four or five doors down from our parcel but it does not stop directly in front of our parcel
our front of our parcel I think right now you're showing where the white vehicle is is that
pickup drop -off lane and then the bike lane and then the Allegheny traffic
the photos I'm referencing right now on the in the packet start on page 61
If you wish to look at them yourself. The second one where it says 27th Street, the large building there is the SEPTA station.
if you wish to look at them yourself the second one where it says 27
This building is the school across the street from the subject property.
and then that's a view down to the church which is next door to the school
the referenced closed off street you'll see the photo there with the two red lines one above one
below that would be the subject property the front right now as it currently exists
and if you look straight down the center that is where um the street is closed off
with the commercial neighbor behind that it's completely blocked off and gated
the following photo is newkirk street which goes down the side of the block
the next photo shows uh very clearly how the center stairs block off the commercial
entrance area well hide it from view they don't block it off but they hide it from view
and then this the view after that is the view down behind the building if you're standing on
Newkirk Street. The following two views are the back of the building and as
previously noted on the last photo there's a bump out on the 2805 side of
the building the proposed decks for the second and third floors of the 2803 side
of the building would be even with that bump out and of course there would be a
deck for the second and third floor above that bump -out board members I
believe that concludes the majority of our testimony for today it is our
believe that the proposals are de minimis they do maintain the character of the community
they do address the community needs for affordable housing in the area which has become
a stark issue not just in this neighborhood but in many neighborhoods in philadelphia
and they do maintain a respectable and high quality of living
i open the floor to questions thank you but before we begin i just want the record to reflect that
board member james snell has been on this call for about 20 minutes maybe even a little bit
longer than that so let the board the record reflect that he's in attendance as well
uh questions from the board no no no
planning commission
yes um both um 2803 2805 west allegheny are indicated for commercial mixed juice on the
City plan. We support the granting of the daycare center special exception and have
no objection to the requested variances. Thank you. I got a little ahead of myself.
Is there anyone else who wishes to testify in this matter? If so, please
raise your hand. We do have a call -in user. Call -in user 1. There's no number
attached to this um address so would you go ahead and unmute yourself and speak
calling user do you wish to testify your hand is raised
you can continue chair thank you um i was mentioned i believe by uh the attorney mr
Marcel that there had been some communication with Councilman Jones. Is there a letter or anything?
There had been some communication with Councilman Jones. Is there a letter or anything from the Councilman's office in the file.
Your Honor, we received one. I believe it was late last night. I believe it was directed towards you. We only received the copy. If you wish, I can email a copy of that into the administrator.
I'm sure it's I'm sure it's in our file. I just wanted to make there is one in there and there's what do you know what the body of the letter said was it in support non non opposition or opposed.
Mr. Chairman, they said they met with the Community Action Group, which is the RCO identified,
but we have that Swampoodle is in opposition to this.
yeah I'm aware of that I'm just trying to see if we have a letter from the
councilman's office I'm trying to pull it up now your honor and put it on the
screen all right you don't if you Tanya is it in our file as long as you
should be able to see the letter on the screen now okay if you can scroll down
please so i'm going to slowly there you go non -opposition okay that's what we need to know
thank you confession thank you mr marcel you're welcome all right okay calendar numbers
three nine nine oh five and three nine nine oh six two eight oh three dash oh five west
allegheny avenue my vote is yes my vote is yes my vote is yes my vote is yes thank you
thank you thank you thank you members of the board
good luck to you thank you thank you okay let me uh let me sign out
there we go my vote is yes my vote is yes thank you
any other cases no other cases
all right see everybody at two you've got to see you yes chair all right all right be well
good afternoon everyone my name is frank de chico i'm the chair of the zoning board of adjustment
And since we do not have any cases, I'm sorry, let me repeat that. All cases on the two o 'clock list have had requests for continuances. If anyone who's listening in believes that a case is being continued in error, please raise your hand now. And at the end of my comments, we will patch you in through Ms. Sunken, our board administrator.
The following are the continuance on the two o 'clock list. Calendar number 39999 -2646 North 17th Street. Calendar number 39460 -327 Tesker Street. Calendar number 39331 -3400 North 19th Street.
Calendar number 39457, 3522 Arthur Street.
Calendar number 39327, 2744 Latona Street.
Calendar number 39371, 2709 Allegheny Avenue.
Those are the cases that have requested continuances.
again if anyone believes that a case is being continued in error please raise your hand at this
time you have a mark goodhart you have been capable of speaking you can unmute yourself and
discuss the continuing mr goodhart please identify yourself spell your name for the record
and i'll swear you in thank you chairman uh this is uh mark goodhart on behalf of
the owner of 327 Tasker Street.
do you want to proceed with the hearing
yeah i have my client uh he's actually on the phone with me he's prepared to join the zoom
but when i heard the announcement of a mass continuance i just told him to
uh hold off until we heard the reasoning we were not aware uh we certainly didn't request a
continuance, but I didn't know if it was an administrative issue on your end, which we're
certainly respectful of. Okay. I'm going to have to interrupt for a moment, Mr. Goodhart. I did
call your office yesterday. This is Sharon Saleta. I'm the board attorney. I left a message because
there were documents that had to be submitted five days in advance. I had no record of you
having submitted them. I checked with the board. They did not have the documents. If they aren't
submitted five days in advance, you can't go forward with the hearing. Was there some mistake?
Did you submit the required documents? Would you mind hanging on for one second while I just
asked my client? I think he heard and he's going to answer in my ear, if you don't mind.
Thank you. Micah, did you hear the comment?
i i believe some of the documents were submitted um through the process a while back and i believe
he was unaware of unaware of resubmitting them due to the zoom format through the specified
email address so um i believe they went in originally months ago we do not have those
we don't have anything that went in months ago. That's why under the emergency rules and
under the instructions that were sent out, you're required to submit them five days in advance. And
again, I did try to reach you yesterday when we weren't able to find any submission, and I left
a message, voicemail message with your office. Okay, yeah, we're not there 24 -7 like normal,
but I apologize for not getting the message. Um, okay. So, um, I also think you may have had,
um, I did not get the email to my law firm address. I believe maybe, uh, you have an
incorrect email address on file for me. So if there's a way for me to clear that up with you
directly, that would be great. Um, because I did not get the, the notice with those instructions,
to my firm address. Did you post the property? We did, yes. Where did you get the posting
information? It was mailed to my office, and I handed it to my client, and he posted it.
It had the information on the Zoom hearing being held today, or are you talking about...
No, that was the Zoom hearing information my client provided me. I understand, but the posting
would have had to have required it. That's why new information went out. So, you will not be
able to go forward today. What do you mean by the posting would have required it?
No, you posted an orange poster that included the information on the prior hearing that was
scheduled. The most recent posting information would have been emailed to you. You would have
had to have printed it out yourself and it would have included information on
today's Zoom hearing and how to connect to it. We did post that as well. I have
photos of that being posted. Okay but we don't have the required
documents. Understood. Mr. Goodhart, maybe you can have a conversation with Ms.
Sunkit about rescheduling and any information that was not
provided uh she'll be able to instruct you as
what else you need to do that sounds fine mr chairman we
apologize it's a rough times things are not the way they normally are as you
know as you well understand indeed uh miss holkin what's the best
way for me to reach you during this time
uh email address that would be wonderful
okay is there anyone else uh listening in who believes that a continuance was called an error
i'm sorry would you just mind mind providing the email just so i make sure i have it correctly
i'll chat it to you thank you so much i appreciate both of your time today
thank you okay i'll try one more time is there anyone else out there who believes
a continuance case has been called in error. We have a call -in customer. Call -in user three
at state. If you wish to request a continuance or discuss a continuance, you're going to meet
yourself and speak. Hello? Yes. Good afternoon. Can you hear me okay? Yes, please identify yourself.
how are you i'm well um yes this is uh could you identify me okay
Would you identify yourself for the record? Spell your name for the stenographer.
Okay. Adrienne Fernandez, A -D -R -I -E -N -N -E, F -E -R -N -A -N -D -E -Z, Swampoodle Neighborhood Parcels Association, RCL.
I have a question. I just wanted to know if you can confirm that 2646 North 17th Street and 3400 North 19th Street and 2709 West Allegheny Avenue are all continued to there?
Give me those addresses again.
okay the first one um is 26 46 north 17th street that's continued okay um thank you and the second
one is 2709 west allegheny avenue continued wait i'm not thank you wait wait when is allegheny
avenue continued i thought that that was the one that was still listed on the 330 list that there
was a request for continuance but the applicant i believe wishes to go forward so i apologize i have
it on the two o 'clock list that's why i called it out i have it on two o 'clock also here and this is
the case from the um cases that was this morning and this one goes with it right we go forward to
3 30 with that case i apologize adrian no problem okay can um um just to clarify do i have to be at
the hearing today at 3 30 for 2709 west allegheny avenue if you wish to testify yes i'm sorry yeah
i wanted to make sure to make sure with time because i like the chairman i had two o 'clock
for the hearing but you're saying that hearing is today at 3 30 right no it was today at two
but the request came through the attorney to continue so it's considered continue
the chair continued it this morning they're all
continued all the allegheny address cases
okay so that'll be continued someday that person said later than 90 days or
something like that
it'll be continued in the future yes not today okay and then the third one
thank you and the third one is 3400 north 19th street
is that one continued yes
Okay, thank you very much. So Swampoodle RCO and North Central Philadelphia RCO, well, we're going to go off the call for those three. I don't know if they're going to stand for any others. Thank you.
Thank you.
Thank you.
Any other requests? Anyone else believe we may have called a continuance in our, please raise your hand now.
Frantz -Pierre.
I'm allowed to speak.
Frantz -Pierre, can you hear me?
Yes, I can.
Frantz -Pierre, good afternoon, Mr. Chairman, and fellow board members, Frantz -Pierre from
Councilmember Johnson's office, that's F -R -A -N -T -Z, last name Pierre, that's P -I -E -R -R -E.
i just wanted to confirm if appeal number 39327 was continued yes wonderful thank you
it's 2744 latona street yes sir all right franz thank you enjoy care be well bye
you have been unmuted you can go ahead and speak thank you okay i am up here for 3400 north 19th
Street are you you're here is the case where the case is being continued yes
sir I just heard that last lady say that could you please give me the date
miss Sunkett will provide that date to you okay thank you very much thank you
any other requests anyone believe that a case is was called for a continuance
error we have a christopher you can unmute yourself and start in a continuance
thank christopher please identify yourself spell your name for the record
yes christopher nyenpen last name n -y -e -n -p -a -n and i'm calling in regards to 3522 arthur street
that case is being continued
dude okay um i'm actually calling i'm i'm new to all of this i just saw an email coming i
recently just purchased this property um as a duplex and i i don't i never filled out this
application so i'm a little confused as to all right no problem when you get you can speak to
all right no problem when you get you can speak to ms sunkit about that she'll
Ms. Sunkett about that, Jill.
she'll give you the right information set you straight okay it is uh -huh i'm sorry christopher
are you stating that you were prepared to um be heard today is that i'm sorry if i'm prepared to
are you the applicant for this i i just received the number that this application was filled in
in my name I didn't fill out this application oh you're the owner I'm the I just bought purchased
this property in November and someone filled in an application regarding this property other than
you understood right is this rezoning it from because it is a duplex that's what we bought it
as is this to rezone it as a something other than the duplex I'm not sure exactly what this
so what I'm going to do is chat with you my email address and you can send me all your concerns in
the email and then I'll look into it and discuss it with you further offline. Okay. And your name
was, how do you spell your name? I'm going to chat it with you. You chat with me. Okay. Thank you.
Anyone else? That's all I have. Thank you, Tanya. All right. Board members, see it's 3 .30.
will do all right thank you thank you see you prank see you guys all right
a second sunka do you was i supposed to receive the uh email
i'm typing it up as we speak so i can chat it with you no problem
I'm the chair of the zoning board of adjustment we have a quorum I'm officially calling this
session to order in attendance our board members our vice chair Ms. Carol Tenere
Mr. Thomas Holloman our board member also our board member Mr. James Snell and Confessor Plaza
our board secretary as you're probably aware today is our fourth week of holding virtual
hearings. Also, in addition, we have our city solicitor, Sharon Saleta, and our board
administrator, Ms. Tanya Sunkett, are also in attendance. While we may have to make some
adjustments along the way, our plan is to call each case and basically proceed as we would have
in a live hearing. We ask that attorneys for applicants or other interested parties identify
themselves for the record when the case you'll be participating in is called. We will then hear
the appellant's presentation, followed by any presentation by attorneys representing other
parties. Interested parties and members of the public, not represented by counsel,
will then be given an opportunity to testify. We will finally hear the recommendation of the
Planning Commission. At the hearing's conclusion, the board will either vote the matter immediately
or hold it for discussion in executive session any case held for this discussion will be voted on
on the record at the next scheduled july 12 i'm sorry august 12th morning session august 12th
morning session a couple of changes related to the virtual format first we will be administering
oaths to the individual participants prior to their testimony rather than to the room as a whole
since we do not have a room. 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.
We'll also ask those who wish to testify going forward to raise your hand when your case is called.
I will now turn it over to our Vice Chair Ms. Carol Tenere regarding requests for continuances or withdrawals.
Are there any requests for continuances or withdrawals?
Okay, I will read the continuances and after I read them if there are any mistakes, if there's any errors, please let us know
and that will be corrected by the board administrator Ms. Sunkett. Calendar number
39888 -2016 Master Street. Calendar number 32982 -1710 Master Street I think was already
continued this morning. Calendar number 37803 -7356 Frankfurt Avenue. Calendar number 398
Calendar number 39842, 1227 Adams Avenue, and calendar number 399 -09 -2736 Federal Street.
842 -1227 Adams Avenue.
They've reached an agreement and we're able to vote that.
Okay, before we vote on the Federal Street case, as the Vice Chair mentioned, anyone have any concern about a case that was called up for continuance?
I believe Attorney Henry Clinton is here to report the progress that was made.
Okay, but before we get to that, is there anyone, as the Vice Chair mentioned, have any of the continuance cases been called in error?
And if so, please raise your hand.
No hands on your chair.
Thank you, Ms. Sunken.
All right.
That dog got a problem with me?
Not me this time.
All right.
we'll call up the first case uh calendar number three nine nine zero nine two seven three six
federal street mr clinton okay mr clinton you've been promoted to panelists
Good afternoon, Mr. Chairman, members of the board.
Henry Clinton here on behalf of the applicant, 2738 Federal LLC, 1313 South 33rd Street,
Philadelphia PA, 19146.
By way of background, a week ago, the board heard this case, and one of the sticking points
was the ongoing discussions with the bar owners who own the bar adjacent to our property.
In the intervening week, we've had many discussions with the bar owners, and we were able to reach
a written agreement signed by my client and signed by the bar owners as to parking, as
to construction staging, fencing, and various other items that are codified in a letter that
has been submitted to Ms. Saleta as well as to the zoning board administrator. So that is part
of the file right now. So in light of the fact that we have consensus among all four community
groups in Grace Ferry, as well as now the written agreement from the adjoining bar owners, which was
the only outstanding issue we believe that this matter is now ripe for decision by the board and
also as part of my submission of this letter i also addressed the planning commission's comments
about this being an i2 district and we we were requesting a residential structure i went back
over the cases heard in front of the board over the last two years and there were four of those
cases. Three of those four cases, I appeared on behalf of applicants, and all four of those cases
were in the I -2 zoning district, and all four of those cases were residential properties.
There's really no industrial on that block, and it is really now becoming a residential block.
And with that, I rest and ask that my exhibits be admitted, and that if the board looks kindly
upon this request uh to authorize the stamping of the plans for our proviso sheet how many uh
how many uh pages
did i hear you correctly henry correctly henry there's a revision
yes mr chairman and how many pages i'm checking right now
I believe it's two pages Sharon that can you confirm that I'm sorry Henry could
you repeat that please we submitted a proviso for two pages yes I'm sorry
revised plans two pages okay okay any further questions from the board we
heard from the Planning Commission will ask again in the Plains Commission's
position planning Commission mr. chairman and members of the board the parcel is
Mr. Chairman and members of the board, the parcel is designated for industrial use presently and is marked for industrial commercial mixed use on the South District plan. As such, we recommend against approval of this variance.
Thank you. Thank you.
Sorry, could he identify himself as well, please?
I'm sorry.
Could we have him identify himself?
Yeah, I'm just going to ask him, Mr. Austin, please spell your name for the record, identify yourself.
It's Mason Austin, M -A -S -O -N -A -U -S -T -I -N.
I'm representing the Planning Commission.
Thank you.
Calendar number 399 -09 -2736 Federal Street.
My vote is yes with the following proviso.
Revised plan, two pages, accepted and approved by the board today.
My vote is yes.
provisos? Yes, we'll provide them. Yes, we'll provide them. Yes, we'll provide those. Thank
you all. And thank you, Henry, for cooperating with us when we ask that you hold this for
another week. We appreciate it, Henry. I thank the board. Thank you. You're welcome.
Ready? Calendar number 39330, 1156 South 9th Street. The attorney is Alan Nockamson.
Mr. Nakamson, you've been promoted to a panelist. You can unmute yourself to speak and you can share
your screen as you wish. Yes. Good afternoon. My name is Alan Nakamson of Nakamson. I'm sorry.
Okay, name and address for the record, please.
Yes, my name is Alan Nockamson of Nockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.
And can you spell your name for the stenographer?
N as in Nancy, O -C -H -U -M as in Mary, S -O -N as in Nancy.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
The only objection I have, and I think it was dealt with after the notice of refusal was issued, there's references in the refusal to a personal credit establishment. We are not seeking a personal credit establishment. We're seeking a tattoo parlor. So I don't know if your records indicate that that has been omitted from the notice of refusal and is not a part of our appeal.
And I did go through all of the documents.
It was not applied for.
It wasn't referenced in the RCO letter, so clearly it wasn't included.
Okay, just wanted to make sure for record -keeping purposes.
Mr. Chairman, you can swear him in.
Thank you.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Thank you, Alan.
Please proceed.
Yes, I also have two witnesses as part of my presentation.
I have the two tennis representatives,
Shahid Rodriguez and Erica Melicio.
I believe they're on as well.
Well, why don't you proceed, Alan, and then -
I'm gonna share my screen and...
okay so I handed you a packet which included seven exhibits do you see those
on the screen okay all right so the first exhibits the lease we my client is looking to put a tattoo
parlor at 1156 South 9th Street the lease is exhibit one it's redacted in only the business
terms. This is a five -year lease that if we get zoning approval, we hope to use the premises as
a tattoo puller. Second exhibit is the certificates of tax clearance for both the tenant as well as
the owner of the property. Third exhibits the refusal showing that this is a CMX2 property,
and this is an application for a tattoo shop by the art service on the entire first floor with
an existing single -family dwelling above as previously approved in an existing structure.
As you can see from the notes, that this property has been used as a tattoo parlor in the past,
and actually most immediately since before this application. You can see that this is CMX2
property. We're at the corner of 9th and Annan. You can see this is a very commercial part of
South Philadelphia and you'll see photographs. Now that's not even our
And you'll see photographs. Now, that's not even our signage. That's the old signage of the old tattoo part, showing that all we're doing is taking over basically a pre -existing structure.
signage. That's the old signage at the old tattoo park.
We're not far from the Italian market. We're actually in the Italian market. Here are the floor plans, showing the stations and such.
and then most importantly we met with the passing on square civic association uh and they
overwhelmingly voted in non -opposition to this project as well as uh councilman
squilla also sent a letter of non -opposition for this project uh i can give a full presentation or
i can answer some questions if need be i i i don't know if we need that i'll ask the board
members, but before I do, I understand there may have been some provisos that have been offered by
the RCO. Yes, I actually kept them up there, and we have no objection to them. There were two
provisos. The applicant shall hire a professional waste distribution company licensed to dispose of
biohazard materials, and the second one is the applicant must increase the opacity in the windows
and front doors to comply with city codes.
The windows and doors are currently covered
or tinted to the point that outside persons
cannot see inside the building.
So I would just say the first one, obviously,
is a public health concern.
I don't know if the second one is appropriate.
Again, usually when people are doing tattoos,
they do want privacy.
So we have no objection as to the first one,
but I would leave it to the discretion of the board.
And I would add that the second provides,
so they're asking that they meet code,
which they are already required to do yeah the first i um is providing you with summarized
language if you'd like to add it yeah could you well could you read that off sharon sure
applicant must retain waste removal company licensed to handle biohazardous materials
that's basically the only one that's enforceable correct by us yes yes that's right
Alan do you want to
get your word
Shahid or Erica
or either you on the line to
affirm the testimony
or my presentation
they said they were going to show off
I'm sorry
can you hear us we're here okay she has some background echo she on the phone i assume she's
on her phone uh yes okay we can hear you a little better now please speak slowly spell your name
for the stenographer please would you would you please spell your name e r i k a
that your full name or is that you're giving us your last name okay i'm sorry i'm sorry e r i k a
M -E -L -E -C -I -O
Thank you.
And do you swear for him to tell the truth, the whole truth,
and nothing but the truth?
Yes, I do.
Thank you. Mr. Nakam -Sim, do you ask your
client if she adopts your testimony?
Yeah, Erica, you heard everything I
stated today.
And is it true and correct?
Yes. And would you
adopt it as your own testimony?
Okay, no further questions. Thank you. Is there anyone else who wishes to
testify in this matter? If so, please raise your hand so you can be identified.
No hands raised at this time, Chair. Thank you, Tanya. Questions from the board?
No. No. No. Planning Commission?
Well, the current, well, the proposed use is not allowed within on this location due
to its proximity to the rest of the protected uses, given that it's been in current use
and the neither the council member nor the RCO objects, the planning commission has no
objection to this.
Thank you.
I would ask that he also identify himself for this case.
Yeah, I'm sorry, Mr. Austin, identify yourself.
This is Mason Austin from the planning commission.
thank you calendar number three nine three three zero one one five six
i'm sorry
somebody say something someone did yeah all right calendar number
someone did yeah all right calendar number does anyone else wish to testify on this matter
calendar number three nine three three zero one one five six south mind street my vote is yes
with the proviso god i just lost it um hold on to retain waste removal company licensed
to handle biohazardous materials got it thank you sure yes with proviso yes
with proviso yes with proviso and unless I'm mistaken I think that was it for the
3 30 list you're not mistaken okay all right thank you everyone
yep we didn't get the confessor vote yes i did okay it's jammy vote okay
unanimously voted with proviso thank you all right see everyone tomorrow morning everyone
stay safe. You got it. Likewise. You got it. Thanks, Frank. You too. See you guys. Thank you. Bye -bye.
Bye -bye. Bye -bye. Thank you. Bye -bye.
Thank you, Bill.
Thanks, Tanya. Have a good day.
You too. Thank you.
No problem. Take care.