fast enough and because of that i didn't receive any notification or have any time to really do
anything so now at this point we have to start from ground up um and hopefully everyone understands
where we're coming from all right um thank you i i rest on that then does the board have any
questions no no no planning commission uh madam chair and members of the board this is mason
Austin speaking for the planning commission hi name and can you spell your last name sure a-u-s-t-i-n
Sure. A-U-S-T-I-N.
Do you swear if I'm to tell the whole truth and nothing but the truth?
do you swear if I'm to tell the whole truth
Okay. What is your recommendation?
Sure. This property is designated for multifamily mixed use in the comprehensive plan and is zoned in accordance with that designation.
Four units are permitted by right and an additional two units can be earned through the mixed income housing bonus.
granting the variance for these two units in excess of what is permitted by right
for the same benefit to the applicant as could be earned through that bonus
without the applicant providing the public benefits necessary to earn it.
Because there are no particularities to the lot, that would constitute a hardship
or necessitate either of these variances.
Staff of the Planning Commission recommend that they be denied.
You're saying there's no hardship?
That's correct.
Madam Chair?
Yes, I know the audience.
Is there anyone in the virtual audience?
who would like to speak to this case i see no hands madam chair okay thank you calendar number
two four does the board have any questions no vice chair no calendar number two four six four
1128 North 41st Street. My vote is no.
Confessor Plaza. My vote is no.
James Snell. My vote is no.
Thomas Holloman. My vote is no.
Calendar number 2573, 1418 West Allegheny Avenue. The attorney is Lee Elsley.
We have no RCO letter. No RCO letter from either Tioga United or Swampoodle.
unless, Rebecca, you've received one that we're unaware of.
No, I have not.
Mr. Elsie, can you put your name and address on the record and spell your last name, and I'll swear you in?
Lee Elsie, E-L-S-E-Y, Elsie Legal Services, address 1476 Mondock Road, Drescher, PA, 19025.
Thank you.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, I do.
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
I do not.
You don't?
I don't.
I want to make sure that we had a revision to the refusal.
I wanted to make sure we had the right one on file.
Is the right one on file, Rebecca?
Or Tom?
It should have a date of 9-27-2021.
Madam Chair, this is Tanya.
May I speak?
Oh, sure you may.
So, Mr. Elsie, was that refusal submitted in the package you recently sent?
Yes, it was.
So, thank you, Madam Chair.
If you decide to approve the variance or special exception, I would ask that it be per refusal with the new number that Mr. Elsie could provide to you.
And therefore, it would be in record that this is the amended refusal.
Thank you.
Is that a ZP number?
Mr. Elsie, do you have that amended refusal number?
Yes, thank you. The number is ZP 2021-005750.
And if I could also ask Mr. Elsie, was the amended refusal submitted with a letter from the ZBA
office the request um i'm sorry which letter from the zba office so may i interject there is
there is a notice of refusal with that number and the 9 27 2021 date on it in the updated
refusal sent this morning so we do have a copy of that okay great mr elsie did i swear you in
I did.
Sorry.
And have you emailed the exhibit packet with all of the required documents, proof of ownership,
tax compliance, refusal, referral, photos, and or plans of the property five days in
advance of this hearing, and have you met with the RCO, and do you have a letter?
I have all of those things, including a letter from the RCO, except we do not have our tax
clearance.
Okay, so, Tanya, is this a hear and hold?
Okay, so Tanya, is this a hear and hold?
It's up to you, Chair, for them to proceed forward with the hearing and hold it until
the text information can be provided at a set date that you give, typically 30 days,
uh variances from the zoning board in 2009 sorry 2007 as a two duplexes they're smaller size than
our project on the other side is 1414 and 1416 west allegheny um 1414 has a zoning variance from
1990 for five units and 1416 is a zoning variance from 2008 for three units plus commercial and
across the street 1413 1411 and 1409 all received variances for four units in 2009
as well as the temple loft building which includes 46 units our zoning posters were posted
September 10th, according to the standards
of the zoning board.
And here is the deed.
Mr. McCray, you've heard everything I've said
about the units, their prior use
and their existing condition.
Are you able to confirm that?
Yeah, I'm able to confirm it.
Here is our proposed use of the building.
Great. That's what we want to say. So we have
three units in total. Unit one is the entirety of the first floor as well as the cellar.
It includes three bedrooms, two and a half bathrooms.
unit two is located on the second floor includes two bathrooms sorry two bedrooms and one bathroom
and unit three is located on the third floor includes two bedrooms and one bathroom
as well our zoning plan this is the revised zoning plan with streets approval this has also been
re-examined by the lni examiner at this point shows an existing building with a change of use
And we were able to meet with Tioga United.
We had a meeting sent with due notice.
Meeting was held on September 30th.
Tioga United, representatives from Tioga United and Swampoodle were in attendance and
And we have two votes of support, no opposition, and also provide evidence of the mailing we
sent out on September 22nd as well as our certified bulk mailing receipt showing 109
addresses does the board have any questions so far no no chair no are there any other witnesses
in the virtual audience who would like to testify madam chair we have charles excuse me charles
Richardson. Okay, Mr. Richardson, your name on the record and spell your last name and I'll swear
you in. Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bath, room 312.
I'm already sworn in from this morning. Okay, I forgot. That was a long time ago. It sure was.
Madam Chair, we got the same letter that Mr. Elsie got. We got it actually yesterday
afternoon. I just had a quick question of him. It says all meeting attendees was seven. So
did anyone from the community show up other than the RCO committee?
No, we did not have anyone show up outside of
people from another meeting and the RCO committee.
Okay. All right. Councilwoman has no objection based upon the letter that we received from the RCO.
Okay. Even though no RCO members were present or neighborhood people were present?
No community members showed, but he has shown that he did mail to 109 individual properties, but no one responded.
109 individual individual properties but no one uh responded no one came out all right
okay and once again does the board have any questions no madam chair no no planning commission
thanks jim
apologies my computer's still reacting uh mason austin recommend on behalf of the planning
commission um the property is designated for multi-family mixed use in the comprehensive plan
but it is zoned for single family residential it is located less than a block away from a subway
station is adjacent to a major center of employment the proposal would be by right under the zoning
district that is recommended in the adopted district plan and therefore pcpc has no objection
to the granting of the service so and there's no one else in the audience who would like to testify
see no hands madam chair thank you calendar number two five seven three fourteen eighteen
west allegheny avenue my vote is yes as per amended application zp-2021-005750
professor plaza my vote is yes with proviso
my vote is yes with proviso thomas holloman my vote is yes with proviso
thank you mr elsie thank you madam chair and members of the lord
sure calendar number 2642 1937 east letterly street the attorney is joseph consul
there's no rco letter from east kensington neighbors association no rco letter
from new kensington cdc but we do have a letter from councilman scroll it in non-opposition
and he refers to the ecna letter in not in non-opposition so there apparently
was a letter in non-opposition uh name put your name and address on and you're already you're
already swung in yeah uh joe consul here again consul madison one west third street suite 204
media pa 19063 uh and we did we did get a letter one second you also agreed away the reading of
the refusal and stipulate to its accuracy i do have you emailed the exhibit packet with proof
of ownership tax compliance refusal referral photos under plans of the property five days
in advance of this hearing and have you met with the rco and do you have a letter yes yep to
everything. Okay, you may proceed. Thanks. Everyone, Joe Consul here. I've got the ECNA
letter up. I'm representing Synergy Real Estate Group, LLC, the property owner. I've got Mr.
Patel and Mr. Singh on the call representing the owner. The property is 1937 East Letterly Street.
uh some pictures of it it's a far away view the owner had zoned uh rsa5 it's two blocks off
kensington between jasper and emerald street they bought the property in february of 2021
uh the property had come with a set of plans that had been approved by um both uh ecna and this zba
in at the end of 2016 um unfortunately those plans lapsed or that approval lapsed pardon me
but we're here today representing representing the same plans to everyone they're exactly the
same as was approved in 2016 the the two refusals we got on this are um there we go it's a occupied
area and um we're at 75 percent or 87 percent and rear yard depth uh nine required we're providing
seven foot six inch rear yard um so really this is just a um a smaller rsa5 property that my
clients are trying to rehabilitate uh there is a small addition on the back uh that's violating
um those two those two issues that we need to get the variance for uh the layout is a basement with
just mechanicals a first floor living room and kitchen uh second floor two bedrooms and then
there's going to be a roof deck addition um for which we've got no refusals or or anything like
that on it um and here's the october 4th letter it obviously came um after we submitted our packet
but we had resubmitted the packet as soon as we got this letter so it should be in y'all's email
somewhere. If I could call the client Prashant Patel, raise his hand.
He raised his hand.
This is Prashant Patel.
Sir, can you spell your name and I'll swear you in?
Yes. First name is Prashant, P-R-A-S-H-A-N-T.
Last name is Patel, P-A-T-E-L.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, ma'am.
okay mr consul good afternoon mr patel did you um hear um my uh zoning speech just now yes
do you uh agree with what i said and do you adopt it as your own yes sir okay thank you we we have
we have nothing further to add but takeaway is we had these approvals they lapsed and we're hopeful
just scanning through them
and we can get them
reissued tonight.
Does the board have any questions?
No, Madam Chair.
Is there anyone in the virtual audience
with questions or who would like to testify?
I see no hands, Madam Chair.
Thank you.
Planning Commission?
Madam Chair and members of the board,
this is Mason Austin representing the Planning Commission.
The lot is designated for single family residential in the conference plan and is zoned for that use.
While the lot is undersized, the existing home conforms to the surrounding standards as would a smaller addition that has five feet less depth.
However, given neighborhood support and previous approval by this board, the staff of the planning commission has no objection to the requested variance.
Thank you.
Calendar number 2642, 1937 East Letterly Street.
My vote is yes.
Professor Plaza, my vote is yes.
Thomas Holloman, my vote is yes.
Jane Snow, my vote is yes.
Thank you.
Thank you, Mr. Snow.
Calendar number 2461-1943 Snyder Avenue,
The attorney is Shawn Whalen, Esquire.