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.