MI 2022 00921 1810 East Moy Mencing Avenue Parcel A
MI 2022 00927 1810 East Moy Mencing Avenue Parcel C
MI 2022-000928-1810, Moimensing, Parcel D. MI 2022-001107, 1810 East Moimensing Avenue, Parcel E.
MI 2022-001112-1810 Moimensing Avenue, Parcel G. MI 2022-001234-1810 East Moimensing Avenue, Parcel H.
MI 2022-001235-1810 East Moimensing Avenue, Parcel I.
MI 2022-001261, 1810 East Moyen-Banching Avenue, Parcel J.
MI 2022-001259.
MI 2022-001259, 1810 East Moin-Mensink Avenue, Parcel K.
MI 2022-001266, 1810 East Moin-Mensink Avenue, Parcel L.
MI 2022-000924, 1810 East Moin-Mensink Avenue, Parcel B.
and MI-2022-001265-1810 East Moyman-Mensing Avenue.
Mr. DeMarco is the attorney of record.
Good morning, members of the board.
Thank you for that, Mr. Chairman.
Sorry for the overbearing number of names today.
No, no, no, do me a favor.
Just state your name and spell it for the court reporter.
Richard DeMarco, D-E-M-A-R-C-O.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Our attorney, Rebecca Cole, would like to make a statement.
Thank you.
Yes, the city is taking a position of non-opposition, and they want this statement read into the record.
The denials of the administrative adjustments in these cases are based upon city planning disapproving the requests on account of the lot sizes.
the original refusals in 2020 were issued for lot size and rear yard non-compliance and were
also disapproved by planning the board then granted variances for both the board has the
discretion to determine whether the addition of the easements in the rears of the properties in
question constitutes an increase in the intensity of the variances the city will defer to the board's
discretion. Mr. DeMarco, I'm going to call for a vote. Sharon, Tanya, do I have to list all of them
again for the vote? No, you stated them, so you can say, as previously stated, all cases for
Moya Mensing. As previously stated, Moya Mensing. I'm sorry, Chair, but I believe, Mr. DeMarco,
you do have a case to present, right? Well, I'm happy to allow the vote. Here's my only,
I just want to make sure that, and it's partly my fault, some of the correspondents had 11 cases.
It's actually 12.
You've listed 12 cases.
If I can just read into the record the ZP numbers of the 12 cases so we don't have a problem down the road with L&I.
L&I wanted us to file this back in 2020 with all separate applications for each lot and an application separately for the subdivision itself.
so we have to alter all 12 of those if i could just read them into the record then we can vote
if that's okay why don't you read them in the record good yeah it's zp 2021 000 232
ZP 2021-000233, ZP 2021-000235, ZP 2021-000237, ZP 2021-000239, ZP 2021-000241,
ZP 2021-000261, ZP 2021-000262, ZP 2021-000263, ZP 2021-000266, ZP 2021-000267,
And then the last one, which is the subdivision, is ZP 2020-001846.
I just want to make sure that the record reflects that so we don't have a problem with Al and I down the road.
And I think everybody understands why we're here.
It's for the three-foot address.
We got it.
We got it.
Thanks, Chair.
This is Tanya.
May I ask a question of Mr. DeMarco?
Of course.
Are these all the original ZP numbers?
nothing has been amended. Exactly. Thank you very kindly. But I apologize Tanya. I think
my cover letter may have left one out and that's why there was some confusion. My apologies. No
problem. Thank you kindly. So I'm going to have a vote for number two through 13 that I originally
read. I vote yes to the appeal for granted for all. Harold Tenere my vote is yes to the appeals
granted for all thomas halliman my vote is yes to appeals granted for all james snell my vote is yes
for appeals granted for all ishmael shaheed my vote is yes to appeals granted for all
thank you mr demarco thank you for your time and consideration i appreciate
Thank you, Mr. DeMarco.
Thank you for your time and consideration.
I appreciate it.
Everybody have a good day.
You too.
I'm going to move now to case 17.
MI 2021-002-608, 2235 South 7th Street.
Councilman Squilla, letter of strong opposition.
He refers to the RCO's letter of strong opposition.
Joseph Vaccaro is the attorney.
Mr. Vaccaro, if you're in the virtual audience, can you please raise your hand?
He's coming back in as a panelist now.
Thank you.
Mr. Vaccaro?
Mr. Vaccaro?
Can you hear me?
Yes. Could you state your name and spell for the court reporter, please?
Yes, certainly.
My name is Joseph Vaccaro.
Could you spell it for the corporate footer, too, please, sir?
Unmute. You're muted.
Unmute.
Mr. Vaccaro?
What is going on?
Mr. Vaccaro?
Mr. Vaccaro, spell your name for the court reporter, please.
V-A-C-C-A-R-O.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I'm sorry, I couldn't hear you.
All right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes, I do.
Could you identify your client and their relationship to the property?
Yes, sir. The client is PA Mini Market Inc.
mm-hmm i have miss madeline sanchez a representative of the company
it is a retail store operating at the location under a pursuant
all right our our vice chair has a few questions for you you're going in and out of your
conversation good morning mr vicara do you agree to wait the reading of the refusal and stipulate
to its accuracy it is not a refusal it is a referral but yes okay do you agree to wait
do you agree to waive it yes i do yes okay it appears that you've submitted the required
documents is that correct yes i did okay great uh you may proceed and you can share your screen
okay thank you and sorry about the technical difficulties earlier
oh that's okay we all have them all right i will share my screen
and this is an application for some amusement games at this grocery store that is operating
at this location it is operating on the first floor and this application is for up to three
amusement games for the store's customers if i may show the rendering of the store
This location that I'm circling is on the north side of the building. That's where the grocery store is selling its products. And this area that I'm circling is the proposed area where the amusement games are planned to be located.
this is an application for a special exception not for a use variance by way of background my
client had initially a uh an amusement license um which had expired this month so there is a history
of there having been a license issued for this property um we understand that there is a a letter
We understand that there is a letter of strong opposition, as was quoted by the chairman.
of strong opposition.
However, by way of background, there was an initial meeting of the RCO on July 24, 2021, where the only people that had shown up at that RCO meeting was myself, a representative of my client, Mr. Carlos Pavone, Mr. Baldwin, the president of the RCO and his vice president.
We were the only four people that had shown up at that meeting.
During that RCO meeting, Mr. Baldwin had made some pretty strong allegations against my client, and when I had attempted to present some contradictory evidence, which contradicted his point of view, he immediately and abruptly shut the meeting down.
He called the Councilman Squilla, and it was agreed among all parties that the meeting would be rescheduled to August 6th.
At that August 6th meeting, I had appeared along with Ms. Sanchez.
She's sitting to my left in my office right now, along with Mr. Pavone.
And there were many more participants at that meeting.
we all exchanged our views and and the meeting had concluded however there was no vote at that
meeting as is normally done after an RCO meeting the applicant and the applicant's representatives
they leave the meeting so that the people that have actually bothered to show up at the RCO
meeting can take a vote, yay or nay, on the application. Well, that never occurred at that
RCO meeting on August 6th. In fact, Mr. Baldwin and I and some other people, we sat and we chatted
for a good half hour, 45 minutes after that meeting, and then we all parted company. There
was never a vote of the RCO, of the participants of that RCO meeting on August 6th. So when this
board is going to consider this application and the evidence before it, including this letter
from the RCO, what we're asking is that the board give it the appropriate weight that it's due
in light of what occurred on July 24th when nobody had shown up, despite there being adequate
notice to the neighborhood, and as well as what did not occur on August 6th, an actual vote of
those people that had participated. So it's our position that there is insufficient opposition
to what my client has has planned for this site um these machines are legal they require a special
exception and we're going through the process and here we are to ask for this special exception
um i had put up the posters um of this zoning hearing on february 16th of 2022 and and we have
followed the rules, we have followed the procedures, and we ask that the board take that
into consideration in this application for this special exception. Of note, we would also like
to point out that there are other stores in the area, specifically 2112 South 7th, as well as
2039 South 7th, and 2101 South 6th, three other stores close to the store that's the subject of
this hearing and they're operating the same types of machines i've searched their records i don't
see any applications for any special exceptions for those stores and yet i also don't see any
violations concerning the machines that they're operating but this is going on in the neighborhood
and and it's our client it's my client's position that that uh they should be permitted to do it
My client is following the rules and doing her obligations and fulfilling her obligations by seeking the appropriate permits.
And we're asking for the board to consider that.
With respect to the documentary evidence that has been submitted, we have the rendering.
We have the licenses.
And I'm showing you the amusement license now.
It had expired on March 17 of 2022.
we have the photographs of the inside and the outside of the building if i could show you
We have the photographs of the inside and the outside of the building, if I could show you that.
Here were the photos.
Now, when I had taken those photos, yes, the machines were there.
There were four machines.
I don't, Mr. Vaccaro, I don't see the photos.
Do you see them now?
I just pulled it up.
how do i share mr vaquero we're looking at the poster i think it looks like
can you unshare the document and then reshare the form certainly uh i hit stop share
and i'll reshare now let's stop
is that it is that yes so thank you okay so here when i had taken these photos yes my client had
four machines but they were removed since they didn't have the proper clearances from the city
and yes there were four machines at the location but this application is for three no more than
three. Scrolling down, they have an ATM, they have refrigerators for other foods, and then I'm
showing you other angles of the store. Here are the various sundries that they're selling.
Here's the front of the store.
It's a corner store.
I'm going to show you, you were not able to see the licenses before.
So here's their sales tax license with the state.
Here's the commercial activity license.
And scrolling down, here's the amusement license, which had expired on 3-17 of 2022.
well they have their tax clearance certificate
they have their tax clearance certificate and and if the board has any questions i'm happy to
answer them i do have i do have my uh my client uh my client's representative madeline sanchez
who's sitting next to me but her english is uh very limited so so i'm talking for this as an
Officer, the court will take your testimony as being adopted.
Thank you.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions from the virtual audience?
I see no hands at this time, Chair.
Planning Commission.
Thank you, Chair Bergman.
This is Ian Hegarty for the Philadelphia City Planning Commission.
in 2019 the zoning map was amended from cmx 2 to cmx 2.5 in this location this is not in accord
with recommendations from the comprehensive plan this proposed special exception will not cause
detrimental impacts to the neighborhood beyond what might normally be expected for this use
and so therefore the city planning commission recommends that the board grant the special
exception. MI 2021-002-608-2235 South 7th Street, I vote no. Carol Tannery, my vote is no. Thomas
Holloman, my vote is no. James Snell, my vote is no. Ishmael Shahi, my vote is no.
thank you sir m i 2021 004670 2616 north 11th street rco 37th ward letter of support
henry clinton attorney chair mr clinton is coming back in as a panelist now
Good morning, Mr. Chairman. Henry Clinton here.
Could you spell your name for the court reporter, Mr. Clinton?
Sure. Clinton, C-L-I-N-T-O-N, 1313 South 33rd Street, Philadelphia, PA, 19146.
1313 South 33rd Street, Philadelphia PA, 19146. Do you swear for him to tell the truth,
the whole truth, and nothing but the truth? I do. Could you identify your client and the
relationship they have to the property? Sure. My client is Rafi, R-A-F-I, Hawk, B-A-L-K. And he is
one of the principals of the LLC, which owns the property, and he is on the call. Thank you. Our