Good morning, everyone. My name is Frank DiCicco, and I am the chair of the Zoning Board of
Adjustment. I'll be participating in today's hearing along with our Vice Chair, Ms. Carol
Tenere, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James
Snell. Board Administrator Tanya Sunkit and Board Attorney Sharon Saleta are also in attendance.
For those of you who have not yet participated in one of our virtual hearings, I'll go through
some of the basics of what you can expect. First, we'll begin this morning's session
by reading a list of cases to be continued. If you believe any announced case is being
continued in error, we will give you an opportunity to respond.
pardon me. After reading the continuance list and receiving any feedback, we will take any
additional continuance requests. Then, once we confirm which hearings are being continued,
Vice Chair Ms. Carol Tenere will begin calling the remaining cases listed for this session.
When a case is called, we ask that attorneys representing clients or other interested parties
in the matter identify themselves for the record.
We will then hear the appellant's presentation, followed by any presentation by attorneys
representing other parties.
Interested parties and members of the public not represented by counsel will then be given
an opportunity to testify.
We will finally hear the recommendation of the Planning Commission.
At the hearing's conclusion, we will either vote the matter immediately or hold it for discussion in executive session.
Any case held for discussion will be voted at the next scheduled Wednesday morning session.
Please note the following changes related to the virtual format.
First, we will be administering oaths to individual participants prior to their testimony.
Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses
identify themselves prior to speaking or testifying.
Third, we'd like to advise everyone that this proceeding is being recorded and that by
participating, you acknowledge your agreement to be recorded.
Fourth, anyone participating by phone, if you wish to testify, you must raise your hand
by hitting star nine and then star six to unmute yourself. I'll repeat, for anyone participating
by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six
to unmute yourself. Finally, to enter an appearance statement, call Google 267-270-5548
and leave your email address and the address of the property at issue.
Again, I will repeat, to enter an appearance statement,
call Google 267-270-5548
and leave your email address and the address of the property at issue.
With that said, we can begin.
But before Vice Chair calls our first case,
we'd like to announce that the following matters are being continued.
Calendar number 39298-1216 West Lycoming Street.
Calendar number 38267-148 Hansberry Street.
Calendar number 38612, 2346 North 8th Street.
Calendar number 38620, 2618 North 17th Street.
Calendar number 39545, 1327 North 4th Street.
Calendar number 38265, 4154 North 7th Street.
Calendar number 39470, 4829 Longshore.
Calendar number 39442, 6729 Martins Mill Road.
calendar number three nine nine nine four one oh four six sydney street
uh you have a note in here sharon that likely to be withdrawn we have an update on that
all right those are the continuances
all right those are the continuances for august 26th i'm sorry i was just checking that
i'm this is the one i cut and pasted i must have given you the 26th instead of the
my mistake my mistake i'm working by my phone i hit the wrong one i apologize
so let's go over the continuance for today at 9 30 i apologize
Calendar number 39884, 1201 Wharton Street. Calendar number 35019, 2530 North 7th Street.
Calendar number 39878, 604 South 9th Street. Calendar number 38940, 6134 Carpenter Street.
Calendar number 39717, 5400 Grays Avenue, and calendar number 39925, 925 South 3rd Street.
Again, I apologize, I read the wrong date off originally.
Okay, is there anyone out there who believes that we have announced the case to be continued in error?
If so, give Tanya a minute to confirm.
Tanya, are there any hands up?
Yes, we have Brett Feldman.
You can unmute yourself and speak to the continuances.
Mr. Chairman.
Good morning.
Please identify yourselves by your name for the record.
Mr. Chairman, members of the board, good morning.
Brett Feldman, 1835 Market Street, Philadelphia, Pennsylvania.
I'm just, it wasn't one of the whole truth and nothing but the truth.
Thank you.
I do. And it wasn't one of the continuances of your question. I have 12, 1, 2, 1, 3, 1, Knights Road. I believe it's number two on your list.
Number one.
Number one. I guess maybe I can even wait. I just want to confirm with the board that the board has no objections to me proceeding with this matter.
We had a community meeting scheduled after many, many months of effort last Thursday.
Unfortunately, the meeting started and unfortunately, it just they just stopped the meeting. We haven't heard anything further. I have have written to both the I've been close contact with the council person's office as well as the community group about proceeding on this case.
and then whatever mechanism you have to hold that decision for a week or two if we can get this
meeting up and running again. I represent Kid Smiles. It's a non-profit pediatric dental office.
This is up in the shopping center from Franklin Mills. It's a CA1 or CA2 district. It's allowed,
but there's the overlay for group medical. It's absolutely critical for this project that we have
of this hearing. And then hopefully in the next week or two, the community group can reschedule
the meeting. I don't know what happened, but we have put tremendous effort into having this meeting
happen. And the meeting started, they stopped. We've heard nothing since then. And we've confirmed
with the council person's office and with them that they had no objection to proceeding in this
manner. All right. So is there anyone else, Tanya?
Excuse me, this is Sharon Saleta. Mr. Feldman, then you would come back in one week or two
and report the progress of the meeting. You would hold the record open and the
council person's representative and or the community organization's representative would
be able to also testify if they chose to. That would be great. It's just
if the board chooses to go that way. We would agree to that and that's, you know,
basically the representation we've made to these you know both the council person's office and the
uh civic all right uh we'll go we'll be getting right back to you brett is there anyone else
who believes that is there anyone who believes any cases were called an hour if so please raise
your hand i have verne anastasio you can unmute yourself and speak thank you miss sunken uh good
Good morning, Mr. Chairman, members of the board.
Vern Anastasio, 1315 Walnut Street, Suite 1006, Philadelphia, PA, 19107.
We're in a firm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
I must confess, I was only half listening, and I did hear the address, 604 South 9th Street,
and I just wanted to confirm that that hearing was being held this morning.
It is being held, Brett.
Thank you very much.
um i originally called that out as a continuance so that was an hour it was okay
I originally called that out as a
all right anyone else thank you
i have a attendee who's called in on the phone you're gonna meet yourself and speak to a continuance
it says calling user one are you here to speak about a continuance
if so press star six to speak
no chair okay that's it all right
I don't know what other hands are up, but Ms. Tenere, please call the first case.
Calendar number 39872, 1223 North 7th Street.
The attorneys are Stephen Pollack and Natalie Young.
Mr. Palak, you have been promoted to a panelist, you can unmute yourself to speak and you can also
share your screen as necessary and the same applies to Natalie. Okay. Mr. Palak, can you
put your name and address on the record and then I have two other questions. Hi my name is Stephen
Pollack. I'm located at 1500 JFK Boulevard, 2 Penn Center, Suite 1700, Philadelphia PA 19102
and I am the attorney representing the applicant 1223 North 7th Street LLC and I have with me
I hope that Rustin Oler is around
I don't see him as a name
but we were supposed to have Rustin here
and also I have my associate Natalie Young with me
and I have our principal Amit Azoulay
Do you swear or affirm to tell the truth
and nothing but the truth?
I do Madam Vice Chair
And do you also agree to wait the reading of the refusal
and stipulate to its accuracy?
Like I said before, my wife and the rabbi, I do.
Oh, gosh.
And Mr. Chairman, we'll do that on Friday night for Shabbat.
There you go.
Mr. Chairman, do I swear everyone in altogether?
Everyone.
Who's with Steve?
Yeah, whoever Steve is bringing in as a witness,
you can do that now, I guess.
I've got Rustin
is here and
I do not see
Amit Azulay coming up
though. But Natalie
is there also? Natalie is here.
Oh, there's Amit. Okay.
I'm here. So do all three of you
swear to tell the truth and nothing but the truth?
When they get on though, they're going to have to spell
their name for their record.
Name and address. If Steve brings them up.
All right.
Okay, strike them. Okay, you may proceed. Okay. I guess I've been in front of the board
for about 44 years, but I feel like a rookie today. This is my first Zoom virtual ZBA hearing.
I would like to at least introduce Amit Azoulay, who is the principal for 1223 North 7th Street,
LLC and the owner of the property. And my name again is Stephen G. Pollock, Esquire. I am the
attorney of record for the applicant. Amit, will you, can we unmute Amit, or I guess he's unmuted
maybe. And Amit, could you state your name and address for the record? Good morning, everybody.
My name is Amit Azulay, which is A-M-I-T, last name A-Z-O-U-L-A-Y.
And I would like to make a correction.
The LLC is actually 1218, or 7th LLC.
The property is 1223 North 7th, so I'm sorry to have confusion.
And Rustin, will you state your name and address for the record?
Yeah, Rustin Oler, last name O-H-L-E-R, address 1225 North 7th Street, Philadelphia, PA.
Okay, and I'm not understanding the protocol.
If I say we would like to call up a document, will Sharon be able to do that?
Because I'm not prepared to share a screen, unless, Natalie, you are.
unless Natalie you are. I can if need be but I was I it was my understanding that somebody on their
I can if need be, but it was my understanding.
end is going to be pulling the document up as you stated. No it's it's actually you who will be doing
it sorry. I can do it. You can do it okay. I hopefully though the board does have our packet
we've presented a packet that's A1 through A16 with photos A16 1 through 49. This is a request for
or out at 7th and Girard, basically.
I remember this neighborhood as a neighborhood
when I wanted to get a good Belinser or Laca,
I would go to the Ambassador Restaurant right at 7th and Girard,
and it's right in that neighborhood.
But what's happened is, as you can see from the various photos,
the aerial photos that we have as part of our exhibit
and through our photos, A16 through A49,
this is an area where there's been a lot of demolition of old existing structures and the
block is basically an open block except for a couple of there's a restaurant right at the
corner of 7th and Girard that is open but other than that it really has been torn down and there
are new structures that are going up now if you go to our document A7 and I think I believe it's
it's page 42 you will see the structure that we want to build is a uh we'll have 31 uh apartment
units um and 16 parking spaces we need three variances the use is allowed the number of units
is allowed but we are going for a green roof and we are having a green roof that will meet the
density bonus and as part of that green roof we are going to be uh required to file a deed
restriction with the city so that the city you know it'll be always maintained now as part of
that at 14602f in the in the code where the green bonus is we are and if we go to our
you want to go to our packet natalie at a7 yeah i'm working on pulling it up once
because of needing the green roof and rustin you can jump in and i'll ask you to verify
this uh because of providing this green roof we cannot provide the simple little pilot house that
you would be able to in a residential district that isn't doesn't count against the height
so because of needing to provide uh commercial uh appropriate stairs that are adequate to allow
people to come up there we go um yeah we can see seven so pull it down and go down you'll see the
site and pictures of the site and go to page 42 I believe maybe it's the next one there that's
that's the structure we'd like to build it'll be freestanding it will have rear access off of
Marshall Street but because of the the pilot house if you see that white structure sort of at