Thank you.
Okay, Chair, we have 17 attendees and we can start as you wish.
Thank you.
Good morning.
My name is Bill Bergman, and I will be chairing this morning's EBA hearings.
With me is our Vice Chair Ismail Shahid.
Present, Mr. Chairman.
Our Board Member, Thomas Holliman.
Present, Mr. Chairman.
And our Board Member, James Snell.
Present, Mr. Chairman.
Also present is Hilary Emerson, our attorney, and our executive director, Tanya Sunkett.
Here's our virtual format. Be advised, these proceedings are being recorded.
The video will be available by contacting tanyasunkett at phila.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone and you wish to testify, press star nine to raise your hand and star six to unmute.
To enter an appearance statement, call 267-270-5548.
Leave your email address and the address of the property in question.
And finally, the question answer box on the screen is not for comments or testimony.
All comments should be directed to our executive director, Tanya Sunkett.
Let's look at the continuities that we have for this afternoon, this morning, I'm sorry.
Number one, MI 2021-004-659-2126 East Lehigh Avenue.
There's a request for continuance.
Is Darwin Bovee present?
mr bovay um i don't see him in the audience here mr bovay if you're in the audience raise your hand
yes he's going to speak okay sorry good morning mr bovay good morning good morning
mr chairman members oh go ahead could you please state your name and spell for the
Yes. Good morning, Mr. Chairman, members of the board. My name is Darwin Beauvais. That's B-E-A-U-V-A-I-S. I'm at the law firm of Obermeyer, Redman, Maxwell, and Heppel. And I represent the applicant owner of 2126 East Lehigh Avenue.
Do you swear our firm to tell the truth, the whole truth, and nothing but the truth?
i do i do you explain why we need a fourth listing or a fifth listing and and it it wasn't
my understanding that this was the fourth or fifth listing um i just came on to the case
he had prior counsel um i do know that there's a lot of community issues and i just wanted to
take a a reset so i so i can approach it um the the members of the board mr chairman you know i i
I do like to present the most credible arguments, and that's a result of true due diligence on my part, and I wanted to take that same approach with this matter.
If it looks like that the board doesn't want to entertain rescheduling for a third state certain, we're more than willing to be the moving party.
But again, I'm seeking this continuance in order to make sure that I can put the best foot forward for this matter.
So, Mr. Bovee, this case will be continued, but a smart must be tried.
Okay. All right.
Thank you, sir. Thank you for calling in.
Number two, MI 2021-003-189-813 South 17th Street.
There's a request from the RCO for a continuance, but we do not have exhibits for this listing.
Is either the owner or an attorney present for this location?
Excuse me, who's the attorney here?
David Orphanides was at one time an attorney.
Okay, thanks.
If the only attorney of this property is in the audience, please raise your hand.
If the only attorney of this property is in the audience, please raise your hand.
Mr. Orphanetes.
Mr. Sample.
Or Mr. Sample, please raise your hand.
I don't see no hands, Chair.
Thank you.
So MI 2021-003-189-813 South 17th Street.
This is the fourth listing.
We still do not have exhibits.
I vote to dismiss.
Thomas Holloman.
James Snell.
I vote to dismiss.
Ishmael Shahid.
Voters to dismiss.
Thank you.
Number three, MI 2021-002-020, 2601 West Huntington Avenue.
This is a request for continuance.
Verne Anastasio is the attorney. Would he please come forward?
Mr. Anastasio has been promoted.
Good morning, sir. Good morning, Mr. Chair.
Can you please state your name and spell for the court reporter?
Sure. Verne Anastasio, A-N-A-S-T-A-S-I-O.
Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
I do. Council, this is the fifth listing in this case. Could you explain to us where we stand and where we're going with this?
Yeah, Mr. Chair, I understand it's the fifth listing. I respectfully request one final continuance.
And it, of course, can be marked must be tried.
There are in this particular area, there are several very active RCOs.
So each and every one of them needs to be engaged.
I have gotten a letter of support with provisos from a majority of them.
The one RCO that is asking me to seek a continuance to return just one more time is the coordinating RCO, which is Strawberry Mansion Community Concern.
So for the sake of having universal support, everybody on the same page, I'm asking to give me one more chance to make that happen.
And I'm confident we're going to be able to do that.
As I said, all other RCOs have been, are now on board.
Thank you, sir.
MI 2021-002-020-2601 West Huntington Street.
Cases continue.
Mark must be tried.
Thank you.
Number four, MI 2021-005-130-3424 North 22nd Street.
This case is continued.
Mark must be tried. Number five, MI 2022 003 389 303 Brown Street. This case is continued. Mark must
be tried. Mr. Chair, this is Hillary. And with that one, I just want to note that that is number
b because there are two 303 brown streets okay thank you number six mi 2022 003 279 2810
north 22nd street this case is continued mark must be heard
number seven mi 2022 003 288 303 brown street number c this is the first listing
Cases continued. Number eight, MI 2021-001-959-2349 North 20th Street.
Donald Benedetto is the attorney. This is a request for a continuance. This is the fifth listing.
Mr. Benedetto.
out. Mr. Benedetto, if you're in the audience, can you please? Benedetto. Benedetto? Yes. Can you
raise your hand, please? Mr. Sher, it looks like someone else may be present for him. I have a
Joseph Rutella in the audience with his hand raised. I will allow him to speak. Can you hear me?
Yes. Could you state your name, please, and spell for the court reporter? Yes, sir. My name is
Joseph, last name is Rutella, R-U-T-A-L-A. I'm here on behalf of Mr. Benedetto. Okay. All right.
Do you swear or refer to tell the truth, the whole truth, and nothing but the truth? Yes. Sir, this is
the fifth listing. We want to know where you stand with this case. Mr. Chairman Board, we had an
attorney in the office who was working on this. He had a very sudden, and I don't want to put it on
the record a very sudden and unfortunate departure from our office sure
A very sudden and unfortunate departure from our office for some personal medical reasons.
We were unaware of this hearing and the file until this literally happened maybe three days ago.
Until then, we're pulling together the file and we need just one more listing.
He did inform us yesterday, late yesterday, that the RCO didn't attend the meeting.
um but we're still we need to find the file to put the exhibits together to turn them in
so so sir mi 2021 001 959 2349 north 20 street this case is continued and mark must be heard
thank you and with that may be excused yes you yes you can thank you
Um, number 14, MI 2022, 000435, 7137 Woodland Avenue.
Vern Anastasio is the attorney.
This case is continued.
Mark must be tried.
Number 15.
Chair, excuse me, Chair, I have a Craig Melodosian with his hand, with the hand up.
May I allow him to speak?
Good morning.
Craig Melodosian.
Good morning, Craig.
Could you state your name, please, and spell for the court reporter?
Yes, Chair.
Craig, C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-N.
Right.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
And you're here for 7137 Woodland Avenue?
Yes, Chair and Board.
I am the coordinating RCO.
We do support the request for continuance.
There was a productive meeting this past Monday night with Mr. Anastasio's colleague, Mr. Cook.
There does need to be issues that are ironed out in writing, most likely by Proviso.
Uh, there's also an issue of a trailer on the, uh, on the parcel that was used previously for used car sales, uh, representatives of the, uh, application team indicate that they are willing to give up, uh, their, their portion of their application for sales, uh, therefore that, that trailer needs to be addressed.
I would like to point something out. I hold Mr. Anastasio and the members of the zoning bar in
the highest regard. We do not swear people in at our RCO meetings, but we always expect the
applicant's team to be truthful and honest. We're not there to embarrass anyone by showing pictures
that conflict with their testimony. We're always trying to constructively engage, and we appreciate
and all the support that the board gives our community.
Thank you very much.
Thank you for taking the time to call in.
MI2032-000666-2452 West Toronto Street.
This is a request for continuance
from Swampoodle Neighbors.
is Lynn Nichols, Lynn Nichols is the attorney. So this case is being continued. Mark must be
tried. So that's MI 2020. Yes, Hillary. No, I just want to note for the record that
I communicated with Ms. Nichols and she was in agreement with the continuance requested by the
RCO. Thank you very much. So MI 2022 000 666 2452 West Toronto Street at cases to continue must
must be heard next case. And then I have a few cases with no exhibits. Number 13 MI 2021 005034
169 West Spencer Street.
Tamika Pearson is the owner. No exhibits.
This is the third listing.
Ms. Pearson, if you're in the audience, raise your hand.
Do we see a hand?
I don't see any hands here. Thank you so number 13 MI 2021 005034 169 West Spencer Street we have
no exhibits third listing no one appeared for the last listing. I vote to dismiss.
I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
Jane Snell, my vote is to dismiss.
Ishmael Shaheed, my vote is to dismiss.
Thank you.
Number 17, MI 2021-004-975-5840 Willows Avenue.
Olivia Manuel is the owner.
No exhibits.
this is the third listing. Ms. Manuel, Ms. Olivia Manuel, if you're in the audience,
can you please raise your hand? And I see no hands here. MI 2021-004-975-5840 Willows Avenue,
this is, there's no exhibits, third listing, I vote to dismiss.
Thomas Holloman, I vote dismissed.
James Snell, my vote is to dismiss.
Mishmel Shahid, my vote is to dismiss.
I also, I'm going to move on to withdrawals.
Number nine, MI 2021-005-117-534 South 4th Street.
This case has been withdrawn.
Number 10, MI-2021-002-835-235-North 31st Street, this case has been withdrawn.
And number 12, MI-2021-005-118-426-28-Centner Street, this case has been withdrawn.
And number 16. MI 2022-000-646-5100 Graves Avenue. This case has been withdrawn.
Hi, Chair. Excuse me, Chair. I have a hand up from Strawberry Mansion Community.
I will allow them to speak.
strawberry mansion hi can you hear me okay good morning it's bill could you please state your
name and spell for the court reporter it's bonita cummings b-o-n-i-t-a c-u-m-m-i-n-g-s
the strawberry mansion community concern rco okay do you swear to firm to tell the truth the whole
truth and nothing but the truth miss cummings yes i do what case you talk want to talk about
Well, I thought I heard you just say 235 31st Street, but it's 2351 for the withdrawal.
So I just wanted to get a correction for that.
Or I didn't hear you say 2351, but 235.
Okay, let me see here.
2351 North 31st Street.
Thank you.
That case has been withdrawn.
And thank you for calling in and helping.
Okay, we're going to move on to our add-on list.
number one, MI 2022, 005-154-4720 Madison Street, I vote yes with proviso.
Excuse me, Mr. Sheriff, sorry, that's Manchin Street, not Madison Street,
so I have to be clear for the record. Okay, 4720 Manchin Street, I vote yes with proviso.
Her amended refusal dated 4-21-23.
Thomas Holliman, my vote is yes with provisos.
James Snell, my vote is yes with provisos.
Ishmael Shaheed, my vote is yes with provisos.