civus
Hearing video

ZBA Hearing - December 9, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 9, 20206h 34m

Sorry, he's coming in now as a panelist.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

Good morning.

Similar wording

Sorry about that.

Similar wording

Good morning, Mr. Mattione.

Similar wording

Can you put your name and address on the record and spell your last name, please?

Similar wording

Sure. It's Michael Matteoni, M-A-T-T-I-O-N-I, Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A Northwest, Philadelphia, 19106.

Similar wording

And do you swear or affirm to tell the whole truth and nothing but the truth?

Similar wording

I do.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal

Similar wording

referral, photos, plans, five days in advance of this hearing, and have you met with the

Similar wording

RCO, and do you have a letter?

Similar wording

Yes, everything.

Similar wording

Thank you.

Similar wording

You may proceed.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

And I have Joseph Byrne, the owner's representative, with me as well.

Similar wording

This is, in many ways, a simple case.

Similar wording

We're requesting to have 30 units in the building that presently exists.

Similar wording

There will be no new construction, but it is legal for 24.

Similar wording

And I'm just going by our tax certificate and the refusal.

Similar wording

There's no new construction or anything in this building, but there are six units in the building that were built and were not legal.

Similar wording

And we would like to legalize the units.

Similar wording

We've met with the RCOs.

Similar wording

We've met with four RCOs, four separate RCOs.

Similar wording

Three of the RCOs, Map Holistic, Friends of the 47th Ward, and Community Land Trust, and they're the nearest in location to the property.

Similar wording

They all support the granting of the variance.

Similar wording

Beach Interplex sent in a letter saying that they oppose the variance, but they're also the farthest RCO from the property.

Similar wording

The elder, Mr. Byrne, can speak to this a little bit as well.

Similar wording

And I believe that Vivian Van Story from Community Land Trust and Reverend Nash, I know he's on, are both on and willing to talk about why they support this application.

Similar wording

This application, again, the owner is very active in the community, and if they have the six extra units, it will give them additional funds that they will then use to benefit the community.

Similar wording

They are very active in the community.

Similar wording

They work very hard in the community.

Similar wording

And this property was acquired by them, and it has, again, that's the opposition letter from Beach.

Similar wording

It has six extra units.

Similar wording

I just wanted to show some quick photos of it and then

Similar wording

that's the building it's been there for a long time down the street at 1431

Similar wording

north 15th street the exact same building that's legal for 28 units exact same building exact same

Similar wording

footprint everything so when we met with the three nearest rcos map holistic friends of the 47th

Similar wording

ward and community land trust they were all in strong support of this because they understand

Similar wording

that the six additional units would give additional funds to allow this owner to give back to the community.

Similar wording

They are very active in the community, and they fully support it for that reason.

Similar wording

The alternative would be to have just larger units in the building, which the developer would do if this were denied.

Similar wording

But again, the larger units are not as desirable.

Similar wording

They have higher rents, and they leave the larger groups of students, which is mainly student housing, living together.

Similar wording

and that has undesirable impacts of more likely for parties and things along those lines.

Similar wording

The smaller units, just some additional photos of the building, the smaller units

Similar wording

are much more desirable for that reason.

Similar wording

So if I could bring on Mr. Byrne, if he could be unmuted.

Similar wording

He just has to raise his hand first.

Similar wording

Here it goes.

Similar wording

you can unmute yourself and wait to be sworn in yes good morning sir please identify yourself

Similar wording

for the record spell your name and that's where you win good morning chair uh joseph byrne b-y-r-n-e

Similar wording

my address is 1516 north 5th street philadelphia pa 19122 swear or affirm to tell the truth the

Similar wording

whole truth and nothing but the truth? I do. Thank you, Mr. Mattione. Thank you, Mr. Chairman.

Similar wording

Thank you. Mr. Mattione. Thank you, Mr. Chairman. Joe, did you hear my statements?

Similar wording

Joe, did you hear my statements?

Similar wording

I did. And are they true and correct? They are. And do you adopt them as your testimony? I do.

Similar wording

And do you have some any further comments for the board regarding you know why these six units

Similar wording

legalizing and what benefits it gives to the community and how you work with the community

Similar wording

regarding this property? Sure. So as Mr. Manionio mentioned, we were the original

Similar wording

developer in 1431 North 15th Street, which is on the same block. This entire block on all four

Similar wording

sides is 100% student housing. The sister building, 1431, is on the exact same footprint on the same

Similar wording

block and we applied and received approval for the 28 units several years back. We were denied

Similar wording

by the same board for this application and weren't really provided a reason why. It's the same size

Similar wording

parcel on the same block with community support with the same architect and they basically just

Similar wording

told us that they didn't feel like approving it at that time. So we amended the application,

Similar wording

built the building and we had to do something obviously towards aware to change the application

Similar wording

to move forward with the project, which we did. And I'd like to mention the fact that these units

Similar wording

are not occupied, they're vacant. So what we're looking to do is, again, legalize the units that

Similar wording

are there. We can offer these units at a lower rental rate and make them more affordable for

Similar wording

for the residents in the area and basically that's it. Thank you. Thank you. Do you have any

Similar wording

other witnesses Mr. Manione? Well I believe Reverend Lewis Nash and Vivian Van Story both

Similar wording

want to testify they are from the two RCOs in the area that support the project. Okay if you can get

Similar wording

them on and give us a brief presentation that would be helpful. Certainly. We do Reverend Nash

Similar wording

first. Yeah, Reverend Nash is available. Good morning, Reverend. Please identify yourself again

Similar wording

for the record. Good morning. My name is Reverend Lewis Nash, Sr. And Reverend, do you swear or

Similar wording

for him to tell the truth the whole truth and nothing but the truth yes i do affirm thank you

Similar wording

mr matty over reverend we met with you on this project correct uh 1407

Similar wording

and you sent in a letter of support for this project yes i did and why are you in support

Similar wording

of this project reverend i concur with the testimony that you gave and we would be pleased

Similar wording

to support it because he is supportive to our community and we don't want someone to uh that

Similar wording

made an investment in our community to lose out as well we appreciate the investment i have nothing

Similar wording

further for robert nash mr chairman thank you any questions for this witness no no thank you

Similar wording

Anyone else, Mr. Mattione?

Similar wording

Vivian Van Story from Community Land Trust.

Similar wording

She's available.

Similar wording

She just needs to unmute herself and wait to be sworn in.

Similar wording

Hello.

Similar wording

Good morning, everyone.

Similar wording

Good morning, ma'am.

Similar wording

Please identify yourself with the records.

Similar wording

Spell your name.

Similar wording

Excuse me.

Similar wording

My name is Vivian Van Story.

Similar wording

I'm president of Community Land Trust, a housing development organization,

Similar wording

a certified CHOTO for the city of Philadelphia.

Similar wording

Would you please spell your last name?

Similar wording

v-a-n-s-t-o-r-y it's one named van story thank you and you swear or affirm to tell the truth the

Similar wording

whole truth and nothing but the truth yes thank you mr medione thank you mr chairman and uh

Similar wording

miss van story um we met with you correct regarding this property in the application

Similar wording

pending before the board yes and you uh were satisfied with the application yes at first

Similar wording

I was with Beach also. And when it happened, we didn't understand the whole thing and who he was

Similar wording

once I found out and then how he has contributed to the community in the past. And going forward,

Similar wording

he is going to help us with some environmental education starting there to preserve the quality

Similar wording

of life for the community. And on that end of where he has his buildings, we've always

Similar wording

had multi-purpose buildings there. I mean, you know, not single family, but it was always

Similar wording

structures and they were always, but six, we allow him to stay with the six and maybe he'll

Similar wording

and maybe he'll help us with things going forward with the environment, the trash, quality of life.

Similar wording

help us with things going forward with the environment to try.

Similar wording

So when I, Mr. Nash had hosted the meeting, I went there too because I go back and forth

Similar wording

and I met with him and I, you know, we worked, he said he would work with the community and plus

Similar wording

it, he hasn't done a bad job in the past. So the Community Land Trust Corporation

Similar wording

uh support his endeavors thank you thank you thank you do you have anyone else

Similar wording

i have no further questions and i have no further um witnesses mr chairman thank you

Similar wording

questions from the board no no i gotta have myself is there anyone else who would like to testify in

Similar wording

this case don't use it this time chair thank you uh planning planning commission

Similar wording

sorry about that um this is greg waldman planning commission staff this property is indicated for

Similar wording

multi-family residential use on the comprehensive plan a total total of 14 units will you

Similar wording

be permitted by right for this lot size and zoning district. We believe that existing 24 units is an

Similar wording

overuse for the size of the lot and an additional six units would great in that non-conformity.

Similar wording

Accordingly, we recommend that the requested variance not be granted.

Similar wording

I get what you're saying, but if they made those units bigger, you're still going to have the same

Similar wording

number of maybe an increase in the number of people occupying that building. All right,

Similar wording

MI 2020-001302, 1407-09 North 15th Street. My vote is yes.

Similar wording

My vote is yes. My vote is yes. My vote is yes. Thank you Mr. Chairman.

Similar wording

Calendar number 0457, 1428 South 23rd Street.

Similar wording

hi this is jared um i'm trying to share my screen yeah give me one second mister

Similar wording

this is sharon saletta the property owner's name is jared beaujoli

Similar wording

and i believe he's appearing pro se

Similar wording

okay name and address for the record sir and can you spell your last name

Similar wording

he's coming back in as a panelist thank you

Similar wording

okay jared are you available open your mic and video

Similar wording

Oh, okay. Perfect. Hi, Jared. Can you spell your last name and give us your entire name

Similar wording

and address for the record? Yes. So it is Jared Borgeli. The last name is B-O-U-R-J-O-L-L-Y.

Similar wording

And my address is 2213 Reed Street, Philadelphia, PA. And can you guys also see my screen that

Similar wording

i'm sharing right now not yet but do you swear or affirm to tell the whole truth and nothing about

Similar wording

the truth i do are you an attorney no i'm actually representing myself on this one okay um let me

Similar wording

see something i'm trying to share the screen have you emailed the exhibit with the required

Similar wording

documents which would be proof of ownership tax compliance refusal referral photos and plans of

Similar wording

the property five five years five days in advance of this hearing and have you met with the rco

Similar wording

and do you have a letter yes i have okay thank you you may proceed okay i'm just trying to get

Similar wording

my screen you guys can't see it yet correct no jared do you have your documents open on your

Similar wording

computer are you using the computer okay so now now that your documents open click on the share

Similar wording

screen at the bottom of the zoom okay and then i'm clicking share and then click your documents

Similar wording

and they will open up for all of us to view okay so i click share and then it says open system

Similar wording

security okay i think i have to do some security stuff really quick hold on let's solve it all

Similar wording

All right, here we go.

Similar wording

Okay.

Similar wording

Okay. And then let me try that again. Okay. And can you guys see it now?

Similar wording

Yes, you're right.

Similar wording

Okay. Sorry about that. Thank you for today. So the refusal for this project is I'm seeking

Similar wording

to do a duplex in a RSA 5 district. This is a property which my father and I own in our personal

Similar wording

names and I plan to reside in and my sister as well in the other unit. So I'm going to walk

Similar wording

through my exhibit and I also wanted to state before I got started that I have full support

Similar wording

from the Point Breeze Community Development Coalition and also the zoning committee and

Similar wording

the community itself supports this project. So in my exhibit, I will go down the documents. You can

Similar wording

see the refusal, and this is for the two-family dwelling in an RSA 5 district. And then the next

Similar wording

document, I have some photos of nearby properties. This is the lot which the property would sit on.

Similar wording

This is a new construction next to it, and then this is a property that's being rehabbed as well.

Similar wording

the parcel that we are planning to build would be exactly the same height as this neighboring

Similar wording

property so it wouldn't be any bigger and then I have some additional photos of nearby properties

Similar wording

and then you can see that's across the street from the property this is also across the street

Similar wording

from the property and this is the corner adjacent to the property this is the support from the

Similar wording

community, the Point Breeze Community Coalition. They were all in support of the project. I didn't

Similar wording

have anybody opposed of this. The community itself supported the project. Some of the

Similar wording

provisors, which I spoke with the community and the board are to add a bike rack in front of the

Similar wording

property just to kind of cut down on some of the congestion for cars, replacing the sidewalk

Similar wording

in front of the property and then also removing the bay window that I had initially submitted

Similar wording

to the plans with L and I and I agree with all those provisos. The next you will see a zoning

Similar wording

map of the nearby. This is the property that's highlighted on the zoning map. As you can see,

Similar wording

it's RSA 5 adjacent, you know, across from the property. And then this is my application of

Similar wording

appeal and then additionally i have our tax good tax certificate standing i have my yeah that's

Similar wording

the clearance you can see this is the deed of the property stating that we are the owners

Similar wording

and then i have my zoning petitions which i got support from the neighbors nearby and next to the

Similar wording

property there's a little bit more of those and then as you can see sorry this is zoomed in this

Similar wording

is my certificate of bulk mailing. I had mailed it out to 214 nearby neighbors. Um, and then let

Similar wording

me zoom this in. This is the project information form, which I also completed online. A copy of

Similar wording

the provisos where I had, you know, I added, um, an egress and a stairs in the back. And I also

Similar wording

removed the bay window, um, from the property, um, and those initial plans that I had submitted

Similar wording

to L&I. And sorry, it's not letting me zoom in a little bit more or zoom out. And then this is

Similar wording

the plans for the project. As I mentioned, it's going to be the same height as the neighboring

Similar wording

property. And this next set of plans are the interior plans for the project. I will be living

Similar wording

in the top unit and then my sister would be living in the bottom unit. And I've also highlighted the

Similar wording

areas um that i've updated in the proviso and that would be the end of my presentation

Similar wording

excuse me this is sharon seleta these revised plans are included in your packet is that correct

Similar wording

yes they are and how many pages of the revised plans yes um just one page and then i have the

Similar wording

reviso form that I completed as well.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

And then I'm just going back up to the community support page.

Similar wording

So did you guys have any questions for the project or?

Similar wording

Frank, are you talking?

Similar wording

Oh, we can't hear. Can you hear me?

Similar wording