ZBA Hearing - January 13, 2026

Good morning, everyone.

My name is Bill Bergman, and I will be chairing this meeting of the Philadelphia Zoning Board

of Adjustment. With me is our Board Vice Chair, Tanetta Graham. Present, Mr. Chairman. Our Board

Secretary, Cheryl L. Gaston. Present, Mr. Chairman. Our Board Member, Taya Nguyen, who will be here

shortly, and our Board Member, Ryan McAdams. Present, Mr. Chairman. Also here is our Board

Attorney, Hilary Emerson, our Zoning Board Director, Ian Haggerty, and our Board Administrator,

Lakeisha Dandy. Recording of this hearing will be posted on the ZBA website. By participating,

you consent to be recorded. This is an in-person meeting with remote capabilities. Whether remote

or in person, if you're called to speak, you must state and spell your name, then wait to be sworn

in. Once you've been sworn in, please state your name each time before testifying. Any person may

enter their appearance to become an interested party. You can identify the case property address

in your Zoom webinar. You can see a staff member, or you can call the ZBA appearance line by the

close of business tomorrow call 267-270-5548 leave a message that includes your email address

and the address of the property of the appeal case the following guidance is for our remote

attendees when directed you must raise your virtual hand in order to be recognized to speak

if you're called to testify you'll be prompted to join as a panelist please accept the request and

turn to your camera. The webinar Q&A is for questions about the hearing. Do not comment

on cases in the Q&A. And fourth, if you're participating by phone, press star 9 to raise

your hand and star 6 to unmute. Our in-person attendees refrain from talking, eating, or

drinking during the hearings. Verbal and physical aggression will not be tolerated. Restrooms

are across from the elevator. Water fountain is just outside the room to the right. When

speaking on the record you must speak directly into the microphone in order to be heard by all

attendees and the court reporter in the event of emergency please follow the directions given over

the public address system or by the staff the main exit is through the double doors at the rear of

the room the nearest stairwell is to the left outside the doors in case of an evacuation the

rally point is love park directly across arch street please remain there so we can account for

you. Let's look at our schedule for today. Number three, MI 2025 002 443 537 Sanger Street. This

case is continued to 317.26 at 9 30 a.m

number seven mi2025 004 514 3922 mellon street this case uh was listed in

error. It is continued to 224-26 at 9.30 a.m. Number eight, MI 2025-005-235-700 South

2nd street cases continued to 317 26 at 9 30 am and number two mi 20 25 006 99 175 west oxford

street this case is continued to 3 17 26 at 9 30 am any other requests for continuance

good morning chair um i see no hands

okay we're going to go to our our list here we're going to start with number one

MI-2025-001-794-4632 Masher Street. This is a resumptive hearing. We have a Spanish interpreter.

And Jermaine Harris is coming back in as a panelist. We also have our hands raised for

Richard DeMarco is he a part of this case chair he he is not he he does have a case though why

we see what mr demarco has to say

The DeMarco.

Derek, can you make me co-host so I can promote, please?

Mr Chairman good morning I'm sorry to interrupt can you hear me okay no sure I can could you

please state your name and spell for the stenographer Richard DeMarco last name spelled

d-e-m-a-r-c-o do you swear or affirm to tell the truth the whole truth nothing but the truth yes I

do Mr DeMarco you want to talk about 4134 in Mount Young yeah we have an agreement I wanted to just

get that off your list we have an agreement hold on here so here's our city attorneys here too let

me get him on the record okay good morning board jim kelly k-e-l-l-y on behalf of the city oh is

your microphone on okay do you swear or affirm to tell the truth the whole truth nothing but the

truth yes mr demarco why don't you start i'll just and i'm sure jim can can fill in the blanks but

the um we agreed that the uh the zoning will not be an issue in this case the city indicated to me

that they will agree to have the the appeal grant the peel marked appeal granted and we will then

move to the next steps with this particular property and clear up and the zoning issue

yeah jim yeah so that's our understanding as well uh the city's perfectly fine with an appeal

granted decision without getting into too much detail uh there's an understanding that the owner

will reapply for the certificate of occupancy and as mr demarco said the zoning won't be an issue

that that's correct i feel granted hillary okay so mi 2025 006 996 4134 manny yonk appeal i vote

appeal granted cheryl gaston i vote appeal granted tenetta graham i vote appeal granted

ryan mcadams my vote is appeal granted uh mr kelly thank you mr demarco thank you very much for

thank you for the accommodation mr chairman have a good afternoon and good morning thank you

so let's go back mi2025-001-794-4632 masher street um jermaine harris is the attorney

but there is an interpreter

yes good mr chair i'm sorry to interrupt this mr chair sorry to interrupt this is

the executive director. We have had we're having a hard time getting the Spanish interpreter on

the line right now. So they may not be available at the moment. So I would recommend you may not

get back to you. Okay. Okay. All right. Good. Back to what we hopefully won't be long. Okay. Thank

I take it three is the same way and three the same makes the same

interpreter three has been disposed already that's right okay all right so

number two MI 2025 001894 6424 rising Sun Avenue Verna

Anastasio is the attorney.

He's coming back in now as a panelist, Chair.

There's a letter of non-opposition from Longcrest Community Association.

The vote was 29 in non-opposition, one in opposition.

Good morning, Mr. Chair.

Good morning, Counsel.

Could you please state your name as spelled for the stenographer?

Yes, Vern Anastasio, A-N-A-S-T-A-S-I-O.

on behalf of Mr. Anthony Jackson do you swear or affirm to tell the truth the

whole truth and nothing but the truth I do our vice chair has a few questions

counsel thank you good morning submitted your documents five days in advance of

this hearing I have and do you waive the reading of the refusal and stipulate to

its accuracy I do okay thank you you can proceed with your case by sharing

screen thank you 6424 rising sun avenue is a a long-standing commercial property and my client

is seeking zoning relief for event special assembly assembly facility it's very small

and what the plan is for them to have, do things like birthday parties, funeral repasses.

In fact, my client, who is a Philadelphia police officer, could not be here today

because he is at a family funeral himself and was not able to use his space.

At a family funeral himself and was not able to use his space because we're going through this hearing today, but he's very well known in the community. Very well respected lawn.

Crest is not an RCO that takes applications lightly to get 29 votes in non opposition is a big deal in long crest. So I want to make sure that you see the plan.

this is the interior layout here's the front door as you'll see here that here's the the main the

main space we're gonna have an ADA compliant restroom we have a rear space if needed mostly

it'll be for you know for the administrative section of it there's a bit of a kitchenette

here, but there'll be no actual cooking. It's just folks

laying out platters that are already either going to be on Bunsenburg

sternos or cold platters.

And then there's a rear yard with trash storage

in the back. Let's take a look at the actual property

in question.

So as you can see, the unique physical condition

is in fact that it is commercial space and both the RCO leadership and the

neighbors were excited to get this approved for us here's the letter that

went out to all individual households we had a meeting back in September and as

a result 29 to 1 in support of the application 86 households which is

actually a pretty good percentage of folks who voted 86 households were in

fact and there's the letter oh my clients agreed to put both lights and

cameras in the in the front of the property and in the backyard will also

be doing commercial pack trash pickup and uh for all the reasons that i previously stated

i'm requesting um granting of the variants thank you and you're an officer of the court so obviously

we're going to take your testimony yeah officer jack yeah yeah i know where the officer is um

do you see the provisos yep we have no problem with that uh all events would end before midnight

night anyway uh the trash storage would play you're okay with the one year temporary we're

not crazy about it but you know if that's uh if that's something that uh this board uh in its

discretion wishes to grant them we certainly wouldn't oppose it uh it's just please understand

that we do have to go through i got a co process so maybe one year might be a little tight i got

it questions on the board okay so what kind of events are we talking about birthday parties

bridal showers i mean it's the space just isn't large enough for you know anything too big okay

so about how many people you think it might uh 40. okay all right thank you yep questions

from our attorney hillary emerson not at this time mr chair questions or comments from the virtual

audience i see no hands chair planning commission

thank you chairman and good morning david effecto f-e-c-t-e-a-u with the city planning commission

do you swear or affirm to tell the truth the whole truth nothing but the truth yes sir i do

please proceed thank you sir uh chairman and board members hold on just a minute

all right chairman and board members the comprehensive plan recommends no change to

the cmx1 commercial mixed use zoning at this location the city rezoned this neighborhood in

1975 and a council supported map change this property is located on a commercial corridor

and has a documented history of compatible uses with similar community impacts there are there

are other similar uses along the same commercial corridor operating without issue when we created

the definition for event assembly facility we saw that these uh these facilities is having fewer

impacts than a nightclub or private club would the city planning commission recommends the board

grant the requested variance for an event assembly facility thank you mi 2025 001 894 6424 rising sun

i vote yes with proviso temporary variance to expire 1 15 28

temporary variance to expire 1-15-28 all events to end at midnight trash

stored in rear yard. Cheryl Gaston my vote is yes with provisos. Tanetta Graham my

vote is yes with provisos. Ryan McAdams my vote is yes with provisos. Thank you

council thank you

number four mi 2025 002 813 6424 castor avenue zen jin is the attorney this is a resumptive hearing

and he's coming back in now as a panelist chair

Good morning.

Good morning, counsel. Could you please state your name and spell for the stenographer?

Yes, my name is Zen Jian, Z-H-E-N, last name J-I-N.

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

I do.

So, this is a resumptive hearing.

Yes.

So, to refresh...

Here's where we're going to be, what we'd like to do is you'll give us an updated information

about where you stand with the case.

There will be questions from the board.

There will be public testimony

and planning commission recommendation.

So, counsel, why don't you start?

Thank you.

To refresh the board's memory with regard to this case,

this is an application based on an existing use

that was previously approved on a temporary basis.

The temporary basis expired.

The operator, the new operator who took over the business

was not aware of the temporary nature of the original zoning variants and applied for the

variants again upon learning that they have an expired permit. When the application was applied

for and during the process, L&I came and shut down the business for the reason that their zoning

permit is also expired and some minor fire code violations such as having an extension cord that

needed to be removed, certain signage that needed lighting to be updated. All those have been

resolved. So the only outstanding violation now is the zoning permit itself. We met with the

community in this matter. I'm going to put our exhibit up on the screen for the board,

which is updated based on this particular hearing.

can the board see my uh exhibit on this it's coming up right now sir we see it now yep great

thank you so uh as the uh refusal indicates this this is an application uh again it's in a cmx 2

slash rsa 5 district it's kind of a unique situation where uh part of the lot is rsa 5

which is actually a parking lot behind the commercial space the space itself is commercial

faces Caster Avenue. And the proposed use is actually prohibited because of the residential

district. Although even if it's in the CMX2, I believe it would be subject to review. Again,

previously ZBA approved this back in 2020 for three-year temporary, and that is the temporary

permit that the operator has been working with since that time. So this business has been

consistently operating for almost five years, and then was shut down after the current operator

made the application for this current variance before the board. We met with the community

and received a RCO letter, which I have some issues with. It's rather confusing what exactly

their stance is. Ultimately, the current letter they send just says does not reach an agreement

on the application their previous letter which we received says seven in support but then they

claimed that there was nine via telephone who opposed the issue is that I was at the meeting

and I did not see any telephone or or even a zoom operation during the community meeting so I'm not

sure what the telephone opposition would be I certainly wasn't aware of it during the community

meeting we also prepared in advance uh to the meeting a petition support from neighboring

properties and businesses and as the board can see we we do have support from both residents

in the area as well as neighboring business including immediately next door and i believe

across the street a business who has seen the owner's operation for the past five years and have

no issue with the operation. So again, what we're really seeking is a continuation of a business

that has existed at this location for about five years, doing the same business that they

doing the same business that they were doing before which is a spa massage business all the

were doing before, which is a spa massage.

employees are licensed masseuse the owner is here with us today and will verify my testimony

the space itself is a long deep space with this is actually the front area with foot massage i know

the picture is really dark and it's hard to see but it's actually a foot massage area in the front

and then massage rooms in the back some of the rooms have two beds some have one bed but

these are more of the body massage set up for the rear of the area here's the posting

the layout again it's a little difficult to see i'm going to zoom in

to so again you would enter from caster avenue

i'm sorry let me try to zoom in a little further this is the foot massage area right in the front

where the front is and then it's basically a long hallway with rooms that leads to the back

uh all the way to the rear now the due to the level of business available even though this is

the plan the actual use right now is limited more to the front half of the space they don't have

enough customers really to require the use of the back right now these few rooms actually are just

storage being used as storage at the moment and most of the work is limited to the front half of

the location so that is essentially what we're asking the board to do is to grant what is

essentially an extension to what was previously approved use so that the business can continue

to operate i do want to point out that the business is currently closed and we cannot

reopen until there's a decision on the zoning in this case my client is here i believe he would be

happy to verify my testimony and just so i was the attorney on the original matter

uh and that this was granted back in 2020 uh for a three-year temporary at the time

okay why don't you bring your client on sure uh jimmy can you uh raise your hand virtually

to be identified

jimmy can you yeah

um do you see him then um I do not I let me see if I can look at the participant list here

I don't know it's been promoted to panelists chair okay all right thank you

uh jimmy are you there

jimmy declined to be promoted to panelists chair we can allow them to speak

okay now could you please state your name sir and spell for the stenographer

so you have to unmute yourself

and chair he's not unmuting okay um i guess uh zen will have to take your testimony because he's

you're saying he's not unmuted yeah i mean i see him but he's still muted

jimmy can you unmute on your side and uh acknowledge the zoning board

i'm sorry um okay i don't know maybe maybe you could just touch on a couple other things there

was issues relative with lni etc about the shower could you talk about that yeah so the shower room

with part of a bathroom that was actually put in by the original operator at the time we did

the first case, it's always been in part of the design. Because they do body massage,

sometimes people don't want to leave with oil covering their backs. And so there was a shower

available for them to clean themselves if needed. It's not used by every customer, but once in a

while it is used. And I guess the other thing was raised about people spending the night there. Is

and i guess the other thing was raised about people spending the night there is that

at anything.

anything i think it's because um the the operators have a small kitchen in there

so l and i took the position this looks almost like a residential setup if you have a kitchen

and a bathroom with a shower um it is a business it does close at night there's no one uh living

at the space so i i don't know i mean that was raised as a question but it's not

This space has never been used in a residential form.

All right, questions from the board.

Okay.

Well, can you put the plan up again?

Sure.

About the place.

And you have pictures too that show this.

So one of the massage rooms has like two beds in it.

Yes, the front room, the large room, yes.

I mean, that's a little, I mean, I, you know, that looks a little odd.

I believe that room is used when they're not doing like full body massage.

It's more facial or something that doesn't have a lot of privacy concerns where customers are willing to use that room when there's.

But generally, if there's not a lot of customers that or people that specifically need to use that room in conjunction, they would still keep it as one customer per room.

Okay. All right. And so what are the operating hours of this?

So they've been operating at approximately from 10 o'clock to 12 p.m. is what my understanding is.

11 p.m., I'm sorry, 11 p.m. So 10 o'clock to 11 p.m. is what they've been opening their hours.

Wow. And that's how many days a week?

Six days a week.

Okay. So Monday through Saturday?

Okay. Yes. Okay. All right. Thank you. Other questions? Can we look at the, is this the basement

flood plan? There is no, no, I think that's just a, I'm sorry, I'll re-share that. Okay. This is

just a ground floor plan. This is also ground floor plan from a different angle. It's the same

plan. It's the same plan, just a different angle. Yeah, there's no basement to this space. Okay.

and then how many um therapists do they have on site at any given time so at the time we

made the application uh they had usually three to four on site three to okay so i think my one

comment is that this is there's a lot of service rooms um in the facility for there to be

only four people on site. I think my larger question would be like, for example, with

massage room nine at the back, it does feel like at some point they were squeezing in rooms

that aren't necessarily going to be in use. This is like a large massage facility for like, you

know, big national companies don't usually have this many service rooms in one facility. And so

So I'm wondering what's the thought plan around expansion or growth, and if the plan was just

because it had already been an existing facility to keep the rooms divided as they already

were.

So again, the current operator did acquire this about two years ago, and it's already

set up in this form.

That's why they didn't change it.

It would require knocking down walls, and it wasn't something they wanted to do.

As I indicated earlier, they are using some of the back rooms right now for storage.

There are no beds in them.

They're basically set up as storage rooms at the moment.

The talk with the community, the community actually asked if we would be willing to add

some kind of acupuncture service to the business, which my client is entertaining because, of

course, it needs, again, additional licensed individual that would be a medical license

for acupuncture in order to add that.

But that is something they're looking into.

So the space, because it's long and narrow, I think the original operator laid it out

with more rooms in the event that they are busy enough, they have the available rooms

if needed.

Okay.

And then just a question about, I think, trash and like biomedical materials.

Sure.

So what's behind this space is actually a large parking lot.

I don't know if we have a photo here.

i believe there might be a photo that shows it but the certainly the map here can show so this

this entire space back here is a large parking lot they have a rear yard space that's fenced

in as well there's actually a dumpster or trash cans available right in the back the

right in the back. Obviously, any biomedical stuff would be stored in the back area and then picked

obviously the any biomedical stuff

up by specialized companies. Although they don't have a lot of biomedical type trash, majority is

just wipes and those kinds of things that would be part of the trash. And there is parking also

in the back. So there's actually a lot of parking available for this property.

any other questions questions from our attorney Hillary Emerson not at this time Mr. chair

comments from the audience here the virtual audience

um I see no handshare planning commission thank you chairman and good morning David

Fecto with the city planning commission chairman and board members the comprehensive plan recommends

a change in zoning at this location from rsa 5 residential single family to cmx 2.5 commercial

mixed use the city rezoned this neighborhood in 1973 and a council supported map change this

property received multiple violations one as recently as september 2025 and was ordered to

cease operations since this is a commercial property which could not be easily converted

to residential use the city planning commission recommends the board grant the proposed use

variants for personal services but with a temporary variance. Zen, thank you for your presentation.

We're going to hold this and have a discussion among the board. We will vote next Wednesday at

9 30 a.m. Thank you. Okay, thank you. Okay, good. Number five, MI 2025 004019 323 Westerod Avenue.

david orphanetes is the attorney this is a resumptive hearing

and he's coming back in as a panelist chair

morning mr chairman council could you please state your name and spell for the stenographer

certainly my name is david orphanetes the last name is spelled o-r-p-h-a-n-i-d-e-s

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

i do um as you know this is a resumptive hearing um what we would like to have is a discussion

from you of the amended refusal sure and questions from the board and council

public testimony limited to what you say today and then planning commission if they want to take

a position okay certainly um all right so let me share screen hopefully you can see that

just so everybody knows just a very very quick refresher this is the subject property two

vacant lots located 323 and 325 West Gerard Avenue they've been blighted for an extended

period of time at least 20 years I have photographs going back to the early 2000s

showing two buildings that were vacant and bad state of repair or in state of disrepair

that I presented previously, I believe.

And then throughout the years, one building,

the one located at the corner, 323 West Girard, was demolished,

and then ultimately 325 was demolished.

It's, again, located at the northwest corner of West Girard

and North Oriana Street.

There's a property located to the north of us

that has a 14-foot wide alley that leads to the back of the property

located to the west, 1205 to 1207 North 5th.

North 4th. That alley we also have a right to, and I'm saying this because it's important regarding the amended refusal to use, and it prevents the building that's located to the north of us at 1206-08 North Oriana Street from utilizing that space to the south of them between our property and on the southern side of their property between the building that they've built there.

And that alley was reflected on the plans for the newer building that was constructed on that budding property to the north.

It's shown in our deed, and it's also shown in the deed for the property to the west on 4th Street.

At one time, the property to the west on 4th Street was stables.

And you can see in the language in the deeds, if I were to show it to you, which included with my updated exhibit book,

this alley was utilized to get in and out of the stable from Oriana Street, from the back of the stables from Oriana Street.

But our properties, both of our properties and our deeds reference the use thereof.

So the reason that's important is because we went to the community group.

We had four meetings with the community group, two with their zoning committee and two full community meetings.

And when zoning committee, community, zoning committee, community, usually they'll have one of each.

South Kensington Community Partners will have it.

But because this was on Girard Avenue, they thought it was a higher impact development project, although originally there were only six units in a commercial space proposed with three accessory off street parking spaces.

But because this was on Girard Avenue, they thought it was a higher impact development project.

But because of its location, they wanted to bring us back and they thought it was important to bring us back for a second round of review throughout that process.

And I can show you real quickly just within a rent and original rendering. Here was our original renderings. We had a commercial space at the front.

We had, oops, and then we had three parking spaces at the rear.

There was a support structure and an architectural element that extended to the rear, to the rear property line.

So our original refusal that I'll show you had, because we had six residential units,

which was more units that were permitted because of the overlay that applies to this property and the size of the lot.

we had a rear yard depth refusal and we had a small height refusal and that

height refusal even though the roof is higher than what's permitted our

parapet is lower so that the parapet height is the same height around the

outside of the building as that would be you would see with the by right

building but when we went to South Kensington they preferred that we do

away with the parking surprisingly you never know what you're gonna get and

instead increase the depth of the commercial space and basically take the

whole building at all four floors to the rear property line, except for a small outdoor space

in the northwest corner that you're going to see. And what they wanted us to do was to expand

the commercial space, make it bigger. And we went from commercial space of 657 square feet to 986

square feet, which you'll see on the floor plans. I think that's an increase about a third, 329

square feet, or half of what was originally proposed. And then in this back area, because

this is not a building the the economics don't warrant or don't support an elevator it's a walk

up we created an ada type b unit in the rear 603 square feet you'll see in the floor plans they

have a small outdoor area in the northwest corner um of their of the property for their unit to have

outdoor space then we pushed like i said the upper floors to the rear you'll see it in a couple

minutes and created outdoor space for the three rear units at the northeast corner of the second

third and fourth floors for units one three and five so here you'll see the original floor plans

with a smaller commercial space with the parking to the rear and then the set back upper floors

and the reason that they felt comfortable pushing the building to the rear and the reason i is the

reason i spoke about it before is because of that 14 foot wide alley that you normally wouldn't have

it creates open air even though it's not on our lot it creates space between our property and

our building and the building to the north. They face largely to the east. It's the front of their

building. And for that reason, the community group felt that it was acceptable to push our building

all the way to the rear property line. Again, we went in respecting other than the superstructure,

respecting rear yard depth, well, other than the superstructure, but accepting rear yard depth for

So the bulk of the building, open area, again, we had the variance for the height and the variance for the-

David, could you show us the new plans?

Sure, certainly.

So here you can see the amended zoning drawings.

We've pushed the building all the way to the rear except for this open area that we've created for some outdoor space for the ADA unit.

They have access out the back to that alley, which the whole building has the right to use.

And you'll see at each of the northeast corners, we've created an outdoor balcony or deck.

expanding the ground floor all the way to the rear.

The result is, again, you have a larger commercial space

in what we originally had.

You'll see a smaller space here.

You have the ADA unit at the rear,

and then the units above have largely gotten larger.

There's a couple that have gotten slightly smaller

with recreating the outdoor space to the rear,

but you can see the outdoor space at the rear

of the second and third floors.

The original refusal as mentioned,

we had the lot size for the number of units.

We had the building height, and we had the rear yard depth.

We had to amend the application because we were going to be increasing the lot size deficiency for the number of units by adding an additional unit.

The height did not change.

The rear depth refusal didn't change, although the amount of the building that went to the rear property line changed.

And then with the amended notice of refusal, oops, oops, there it is.

hmm there it is um we created an open area refusal that wasn't there before and that's

again by taking the whole building to the rear property line except for that a small amount of

open area in the northeast corner of the 48 square feet we generate an additional refusal

again all of these requests came and direction came at the request of the community um again

Again, some of it was a little of a surprise to us, but we were happy to comply and give them what they wanted.

some of it was a little of a surprise to us but we were happy to comply and give them what

And as a result, as we showed beforehand, we had a letter of full support from the community group, the South Kensington Community Partners.

I reached out to Council Member Young's office on several occasions to ascertain their position regarding this application and didn't receive a response to any of my emails.

We do have the posting photographs for today's hearing.

Tax certification, you can see here, and again, here are the posting photographs for today's hearing with the notice of today's proceeding.

Previously, I provided copies of the 14303 notices that were sent out for each of the two community group meetings and the certificates of service for those.

And with that, I would have my client adopt my statements, and I believe the architect is on as well to adopt my statements and to answer any questions that the board or members of the community may have

regarding this application well why don't why don't we bring the owner on first sure um andy

it's andy lynn might be honglin and he's being promoted to panelists now thank you

hello hi hi sir could you please state your name it's spelled for the stenographer

uh my name is andy honglin uh a-n-d-y h-o-n-g last name l-i-n do you swear or affirm to tell

truth the whole truth is nothing but the truth yes sir council uh andy um good morning um 323

gerard llc owns the property what is your uh what is your connection with that uh the owner of the

property uh i'm the managing member of the property okay thank you and the llc thank you and did you

hear the statements that i made to the board today yes i did and are they true and correct to the best

of your knowledge yes and would you adopt them as your own yes okay thank you and then i think

sam turner who's the architect should be on the phone um you might check and see if he's on mr

turner we have nobody in the audience by that name all right thank you um

real one point the council member did send a letter on the original plan over am i correct

yes okay i mean that was following our presentation i understand these yeah these

drawings yep all right questions from the board they've seen they've seen the amended project

okay yep yep um and could you just review real quick the uh the trash plan like that i'm not

sure if they had uh uh yeah so there there is it so on the original plan we had a small trash room

that opened up into the the parking area and then on the amended plans we have a trash area located

here which we're probably going to make bigger that opens right onto the sidewalk so commercial

trash you know any type of trash pickup would be just happened over here it's a little small

But admittedly, and that will be that'll be revised so the commercial space and the residential space will share the same trash area. Yes, they'll be able to access it from this common hallway.

We're not showing a door right there, but yes, it'll be for everybody's trash use other questions.

Or the residential units will be able to come out onto the street, put it in, but we're going to put a door on the inside hallway here.

okay so yes um question uh where is this property located near anything commercial i mean is it

so there's so there are so this is sitting here a destination kind of well no i mean listen again

so south kensington wants gerard you know i think you know they want gerard avenue to be commercial

again we provided the commercial within the first 30 feet as required under the zoning code because

of cmx2 but um let me see if i can show a picture so i have done i came to you a couple months ago

here at 322 to 24 west gerard avenue for to move a takeout restaurant a pizza place

uh Papa John's to this location over directly across the street um there is next to that here

let me it might be easier if I just use the photographs one one second um

let me know guys here all right

okay so this is a newer building that was granted a variance they have commercial at the ground floor

This is the building that I did for the takeout.

Paul Sroekman is a photographer.

And then I came to the zoning board a couple of years ago for this property right here for a doggy daycare.