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