ZBA Hearing - October 27, 2021

Thank you. Planning Commission.

Morning, Chair DeChico.

Ian Hegarty for the Philadelphia State Planning Commission.

That's H-E-G-A-R-T-Y.

Do you swear to affirm to tell the truth, the whole truth, nothing but the truth?

Yes, sir, I do.

Thank you.

thank you please proceed thank you sir uh members of the board the comprehensive plan recommends

Please proceed.

Thank you, sir.

Members of the board, the conference.

no change to the existing rm1 multi-family zoning at this location the applicants not

demonstrated any physical conditions in his testimony that would justify a hardship claim

just want to note we don't have any objection to the massing of the building especially given its

consistency with the adjacent structures however i really must emphasize that six units could be

constructed by right, that's as a matter of right here at this location, if the applicant were to

participate in the mixed income housing bonus program, instead of providing the affordable

unit, the applicant is instead sidestepping this vitally important program and asking for the

board to allow this level of unit density without any contribution to the actual supply of actual

affordable housing that is deed restricted rent capped housing that has an agreement between the

department of planning and development and the developer we strongly recommend that the board

deny this variance and ask the applicant to reapply for a buy right permit with participation

in the mixed income housing bonus i'm sorry to get on a bit of a soapbox about this but we see

this a lot and it really is a detriment to the contribution of affordable housing in our

communities. Thank you. Thank you. You care to address that? Is there any reason why that was

not the fair housing was not applied? It was not applied for because the applicant met with the

community. The community said, you know, we don't see a need for this. In this case, you've been

a longstanding developer in this community. We understand that, you know, you do a good product,

you recharge reasonable rents as it is, and we don't see any need for you to actually go through

the time, cost, and expense of applying for this program when we know how you are and we understand

and we fully support you without going through the project. It was because of the meeting with

the RCO and at their request that we didn't seek the mixed income bonus as set forth in the zoning

code as permitted in the zoning code. And this board did approve 1132, which is the exact mirror

image of this project without uh the mixed income bonus there either and the same circumstances

apply to that so they the community said we fully support you and this is what we would like you to

do so we were basically following the lead and the request of the rco in this application

mr hagerty do you happen to know whether uh what happened with 1132 was the did we meet the

requirements then or was it uh just a straight out request that we're having today uh with the

adjacent property sir yes the board granted the variance and it was a similar application

and similar building um and the board granted those units without any contribution to the fund

or uh production of affordable housing and with all due respect do you know what would you happen

though if the planning position the planning commission's position was the same as you're

stating today yes it was sir okay uh i'd like to say uh mi 2021-003061 1130 north 41st street

uh the record's closed the board will discuss this and and make a recommendation at next

Wednesday's executive session. Thank you. Thank you, Mr. Chairman. Thank you. Number two on our

list, MI 2021-003066, 1131 South 19th Street. Vern Anastasio is the attorney of record.

My notes indicate there was no letter yet from the Point Breeze Community Development

Corporation. I'm sure Mr. Anastasio will be able to clear that up. So, Mr. Anastasio, when you get

on, identify yourself, spell your name, and I'll swear you in. He's coming back in as a panelist

now, Chair. Thank you. Good morning, sir. Good morning. Please identify yourself, and I'll swear

Verne Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut Street, Suite 1006, Philadelphia, 19107.

Do you want to tell the truth, the whole truth, nothing but the truth?

I do.

Thank you, Mr. Plaza. I have some questions for you.

Mr. Anastasio, you agree to wait the reading of its refusal and stipulate your attackers?

I do. The new refusal dated 10-26-2021.

Okay. And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral folders and plans five days prior to this hearing?

Yes.

And have you met with the RCO and have a letter?

I have met with the RCO. We met on Monday. They are preparing a letter, and they anticipate sending it sometime this week.

I have met with the RCO. We met on Monday.

Thank you. Please proceed.

Thank you. I'm going to share my screen, if that's okay.

Please do.

1131 south 19th street this is a revised refusal dated 10 26 2021 this has been sent to the board

prior to today's hearing the application is for prepared food shop on the first floor

and a portion of the second floor with the two family dwelling units on the second and third

floor in the existing structure. That application triggered a referral for the prepared food shop

and a refusal for the two family dwelling. So with that, we did meet with the RCO.

We have petitions of support from immediate neighbors.

This is, pull in a little bit here.

The basement is for prep.

First floor is for the food prep and some seating.

Second floor, half of it will be some seating.

This is going to be an apartment, but it's not going to be for rent.

it's going to be for when the owner is in town for them to actually have a place to stay or the

manager and then the top floor will be a one-family dwelling so although we're asking for a two-family

dwelling only one will ultimately be leased out on a regular basis this is the side

There are some photos, application, the PIF, the letter that went out to the neighbors, the deed.

And this is Love Vegan Bistro.

This is primarily a breakfast and lunch place that will serve, focus on vegan, healthy eating, sustainable products.

My client is Silvia Lucci, who is here today. They already have a restaurant in Hatboro. They'd like to open one here on South 19th Street. They've pledged for a commercial trash pickup. They offer delicious, affordable vegan food. That's their approach.

They have been winners of the Greater Philadelphia Hispanic Chamber of Commerce Business of the Year Award.

All their ingredients are locally and organically sourced.

All packaging, 100% of it is 100% compostable.

As I showed you, signatures of support.

We had a really good RCO meeting on Monday.

They just needed some extra time in order to get the letter to you.

So I'm respectfully requesting that this matter be reviewed and then a resumption in two weeks to read the letter into the record if the board so chooses so a decision can be made.

And with that, I'm going to ask my client, Sylvia Lucci, to raise her hand and be recognized.

miss lucci you can unmute yourself and speak now thank you i did good morning ma'am please spell

your first and last name and i'll swear you in silvia lucci s-i-l-v-i-a-l-u-c-c-i

and do you swear for him to tell the truth the whole truth and nothing but the truth

Yes, sir.

Thank you, Mr. Anastasia.

Thank you, Mr. DiCicco.

Ms. Lucci, did you hear my presentation to the board today?

Yes, I did.

Was it true and accurate to the best of your knowledge?

Yes.

And do you adopt it as your own testimony?

Yes.

Do you have anything to add about your vision at your operation

and what you'd like to bring to this neighborhood, briefly?

No, you have really encompassed what we're trying to do,

which is, we're a family business

that is coming into the community.

We're not developers, we're just going,

this is going to be very personal to us.

Very good.

And you've agreed to the commercial trash pickup,

the exterior lighting,

and all the other items that were mentioned

at the RCO meeting, is that correct?

Yes, and security,

that's what they were very interested to camera to have.

And I committed myself to have that added to the,

could be related to the security, yes.

be related to the security, yes.

Understood.

Understood.

And your hours are fairly limited.

It's not a late night sort of food place.

Is that correct?

Yes.

Okay.

And how late is your other operation?

It's eight o'clock.

And I do want to mention that we have another location.

We are the owners of the first and only vegan deli

at the Reading Terminal for the five years.

And they really abide by us.

if that is important yes it is thank you very much i have nothing else mr chairman thank you

any questions from the board no mr chairman no anyone else would like to testify in this case

please raise your hand i see no other hands at this time chair you planning commission

thank you chairman chico and hegarty for the philadelphia city planning commission

members of the board comprehensive plan recommends no change to the cmx1 zoning at this location

where this property has a prior documented use as a three-family dwelling with a commercial

unit on the ground floor with regard to the prepared food use the proposed use will not

cause detrimental impacts to the neighborhood beyond what might normally be expected for this

use and so the city planning commission recommends that the board grant the variance and special

exception. Thank you very much. MI 2021-003066, 1131 South 19th Street. There will be a resumption

hearing on. I need a date and time, ladies, at which time we will consider any feedback related

to the RCO's position. Yvette or Tanya, do you have a specific date for the resumption? Only for

the purpose of the letter from the rco whatever date you wish chair if it's just the reading of

the letter okay 11 11 9 mr chairman if that's good or 11 10 that's uh tuesday or 11 10 11 10.

okay so this case will be resumed on november the 10th at 9 30 a.m at which time the board

will consider any feedback related to the rco's position thank you very much have a nice day

thank you case number three mi 2021-003 423 129 west roosevelt boulevard

barbara fulton i believe is the uh as a pro se case the owner of the property

ms fulton if you're out there

ms fulton if you're here can you please raise your hand

notes indicate there were no exhibits and this is the first listing she may not be ready

i see no one with that name at this time chair but hillary emerson does have her hand up

yeah miss emerson please identify yourself and i'll swear you in

good morning mr chair members of the board hillary emerson on behalf of councilwoman

sherelle parker affirm to tell the truth the whole truth nothing but the truth i do

okay the um in this case the the rco meeting was held and the applicant

submitted um some exhibits actually even prior to the rco meeting and i forwarded those

um to sharon last night when i saw that there were no exhibits listed i think she was still

missing one or two things um but i have not heard from her so i i would i would have thought she

would have wanted to try to proceed today because i know she was up against some financing deadlines

um but i mean if the case needs to be continued it needs to be continued

yeah but there were there were some yeah there were some exhibits that were submitted we'll have

continue with but thank you so mi 2021-003423 129 west roosevelt boulevard this case is continued

must be heard

excuse me sir you're unmuted

I have a paper on top of my computer. Sorry about that. Thank you. MI 2021-003064,

2323 Jefferson Street. Steve Bertil is the attorney of record. Brewery Town,

Sharswood Community Civic Association sent a letter of support.

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

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

Thank you.

Good morning, Mr. Bertil. Please spell your name and I'll swear you in.

Good morning, Mr. Chair, members of the board.

Steve Bertil, B-E-R-T-I-L, Claire Harrison, Harvey and Bransburg, 1835 Market Street, Suite 1400, Philadelphia PA, 19103.

Please swear from the tell the truth, the whole truth, nothing but the truth.

Yes, I do.

Thank you, sir.

Mr. Plaza has some questions for you.

Mr. Bertel, you agree to wait through reading of its refusal and stipulate to attackers?

I do.

And have you emailed an exhibit packet with the required documents, proof of ownership,

proof of tax compliance, copy of the refusal or referral photos and plans five days prior

to this hearing?

Yes.

And have you met with the RCO and have a letter?

Yes, we do.

Yes to both.

Please proceed.

Thank you very much.

Start sharing my screen.

Okay, good morning again, members of the board, Mr. Chairman.

As stated, my name is Steve Bertil.

I just want to confirm that you're seeing my screen share currently.

Should be a zoning map.

We do.

As stated, we're here for 2323 Jefferson Street.

I represent the applicant, Frankel Enterprises, the properties owned by the Philadelphia Housing Authority.

This application is part of a collaboration with PHA, Council President Darrell Clark's office in the city of Philadelphia to provide much-needed workforce housing in the city of Philadelphia.