civus
Hearing video

ZBA Hearing - November 4, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 4, 20207h 39m

additionally in that letter it indicates that there were four community board members present

Similar wording

That is incorrect. There were only two community board members from SOLO at the meeting. I don't

Similar wording

know where the other two community members came in at. They weren't present, nor did they

Similar wording

participate in the meeting. Additionally, there is one vote on that letter in opposition to our

Similar wording

project. There were no votes in opposition to our project at the meeting, in that the community

Similar wording

supported our project, in that the Faith CDC supported our project, in that the Councilwoman

Similar wording

Bass representative indicated that they had no opposition to the granting of the variance in

Similar wording

that this project will provide affordable housing to actual individuals that live in that community.

Similar wording

I would respectfully request that the board grant our request. Thank you. Any questions from the board?

Similar wording

No.

Similar wording

Commission?

Similar wording

We have no objection to the granting of the variances.

Similar wording

Thank you. MI 2020-001232, 4550 Wayne Avenue. My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

Thank you very much, Commissioners.

Similar wording

Thank you. Number 17.

Similar wording

Okay. MI 2020-001195, 9616 Decatur Street.

Similar wording

anyone here for 9616 yes i promoted um attorney johnson thank you good afternoon mr johnson

Similar wording

excuse me this is sharon saletta is mr johnson an attorney or the architect for the project

Similar wording

oh i'm i'm sorry you know why we have an attorney kenneth and i keep getting them mixed up

Similar wording

Mr. Johnson, are you the architect for this project?

Similar wording

Yes, I'm the architect.

Similar wording

The owner is on the line, though.

Similar wording

All right.

Similar wording

So I'm going to meet you and then promote you.

Similar wording

Will the owner please raise his or her hand so we can recognize you?

Similar wording

I'm sorry Rosangela as I believe the attorney I'm sorry the owner or

Similar wording

Rosangela okay are you the owner yes okay good afternoon sir please identify yourself spell your

Similar wording

first and last name for the record? Edson Santos. Could you speak up a little bit louder? Edson

Similar wording

Santos. E-D-S-O-N-S-A-N-T-O-S. Did you get that, stenographer? Yep, okay. You swear and affirm to

Similar wording

tell the truth, the whole truth, and nothing but the truth? Yes, I do. Please proceed. Sir, have you

Similar wording

emailed an exhibit packet with the required documents, proof of ownership, proof of tax

Similar wording

compliance, copy of the refusal or referral photos and plans five days prior to this hearing?

Similar wording

Yes. Have you met with the RCO and have a letter?

Similar wording

My architect got it. Pardon me? I think my architect got it, Mr. Ken Johnson.

Similar wording

Do you have a letter? You have a letter from the RCO.

Similar wording

yes i think my architect has one um mr johnson the architect submitted the exhibits i can go

Similar wording

through his packet or he can let us know if he submitted it johnson yes i submitted the package

Similar wording

we did not meet with the rco because they said they couldn't meet before um this meeting we have

Similar wording

to continue this yep unfortunately sir we have to continue must have a meeting with the rco

Similar wording

So MI 2020-001195-9616 Diederker Street, D-E-D-A-K-E-R Street is continued.

Similar wording

Any, I think that completes the list finally.

Similar wording

Is that correct?

Similar wording

That's what I have.

Similar wording

Okay.

Similar wording

I know we're scheduled at two o'clock, but we may start a little bit later.

Similar wording

maybe 2 15 um i i'm actually okay for 2 p.m i would request that we started to because we have

Similar wording

a couple um cases that might be a little lengthy and my request would be for those two cases that

Similar wording

could be lengthy to be heard last on the list sounds like a plan to me thank you i appreciate

Similar wording

it thank you chair thank you court reporter i'll see you guys at two you too

Similar wording

you're welcome

Similar wording

we are ready

Similar wording

are we live already

Similar wording

yes chair we're ready

Similar wording

oh okay I'm sorry

Similar wording

good afternoon everyone my name is

Similar wording

Frank DiCicco I'm the chair of the zoning

Similar wording

Board of Adjustment. Pardon me. I'll be participating in today's hearing along with

Similar wording

our Board Secretary Mr. Confessor Plaza and Board Members Mr. Thomas Holloman and Mr. James Snell.

Similar wording

For those of you and also our Board Administrator Ms. Tanya Sunkit and Board Attorney Sharon Saletta

Similar wording

are also in attendance. For those of you who haven't yet participated in one of our virtual

Similar wording

hearings, I'll go through some of the basics of what you can expect. First, we will be administering

Similar wording

oaths to individual participants prior to their testimony. Second, for the benefit of anyone

Similar wording

participating by phone, we ask that attorneys and witnesses identify themselves prior to speaking

Similar wording

or testifying. Third, we'd like to advise everyone that this proceeding is being recorded and that by

Similar wording

participating, you acknowledge your agreement to be recorded. Fourth, for anyone participating by

Similar wording

phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to

Similar wording

unmute yourself. I'll repeat, for anyone participating by phone, if you wish to testify,

Similar wording

you must raise your hand by hitting star nine and then star six to unmute yourself.

Similar wording

finally to enter an appearance statement call google 267-270-5548 and leave your email address

Similar wording

and the address of the property at issue i will repeat to enter an appearance statement call google

Similar wording

Call Google 267-270-5548 and leave your email address and the address of the property at issue.

Similar wording

267-270

Similar wording

With that said, we can begin, but before we call our first case, our first cases,

Similar wording

we'd like to ask if anyone is requesting a continuance or withdrawal of an appeal for the two o'clock session this afternoon.

Similar wording

If so, please raise your hand.

Similar wording

Also, if anyone here presenting a case today hasn't met with the RCO, please come forward now and explain to the board.

Similar wording

Thank you.

Similar wording

Thank you, confessor, and please raise your hand.

Similar wording

We have Leo Mulvihill.

Similar wording

Good afternoon, Mr. Mulvihill.

Similar wording

Please identify yourself with a record.

Similar wording

You're still under oath from earlier.

Similar wording

Yes, good afternoon, Chairman, members of the board, Leo Mulvihill, M-U-L-V-I-H-I-L-L, 2424 East York Street, Suite 111, Philadelphia 1915.

Similar wording

Here today on calendar number 2020-002949, 3818 Aspen Street.

Similar wording

Okay, and you're requesting a further continuance?

Similar wording

This is perhaps a point of order, members of the board.

Similar wording

This case had previously been heard in the last week of October.

Similar wording

At that point, I had received notice from, I believe, Andrew Goodman that while the RCL was not opposed to having two units at this location as proposed, there were concerns about the fact that this property was three stories, which was a matter allowed by Wright.

Similar wording

There was a request made that we begin some time for there to be some sort of communication between concerned neighbors in my office, so we could discuss that further.

Similar wording

I'm aware that this today there's at least one if not two people who do have concerns or letters

Similar wording

or something that they'd like to address with the board so as a point of order if the board would

Similar wording

like to proceed with that today that's fine considering the length of the list I would also

Similar wording

suggest if the board so is inclined that anybody with these concerns reach out to me directly so

Similar wording

we can have this continuing conversation rather than doing so on the record and taking up a

Similar wording

significant portion of this board's afternoon docket for matters that could probably be dealt

Similar wording

with off the record. Appreciate your offer. Thank you. I don't see any problem with that. Do we have

Similar wording

any concerns, Sharon and or Tanya, with doing it that way? No, I know that Mr. Goodman has

Similar wording

contacted us saying that there are a number of nearby residents who wanted to submit written

Similar wording

statements. We can ask that they submit them, that they copy Mr. Mulvihill as well. Yes,

Similar wording

That's totally fine. I would just like to have copies of these statements in advance.

Similar wording

Again, I'd like to note for the record that while I've never received a formal RCO letter,

Similar wording

there's an email I received Wednesday, October 28th, 12.25 p.m. from Mr. Goodman's office where I was copied.

Similar wording

It was submitted to both Ms. Sunkit and Ms. Souletta.

Similar wording

And again, I quote what that letter says.

Similar wording

Neither the council member nor the Mantua community is against density or against development.

Similar wording

That's essentially what the issue is here. The only refusal was for two units

Similar wording

versus one unit if this were an RSA 5 district. So I'm happy to continue to entertain a conversation

Similar wording

between the affected neighbors and I'm happy to put my information in the chat or perhaps if

Similar wording

Ms. Sunkit would do that for the edification of the folks or I could put it on the record here so

Similar wording

that everybody who's listening can take it down and send me whatever information they might have

Similar wording

so I can properly address their concerns individually

Similar wording

and then with the council office as well.

Similar wording

So, Tanya and or Sharon,

Similar wording

we handle this as a,

Similar wording

put it on a delayed list or is this,

Similar wording

how is it best for us to handle it?

Similar wording

Sharon, I'd request we just relist it for a date certain,

Similar wording

perhaps the first week of December,

Similar wording

if there's not time next week even.

Similar wording

but what do we have

Similar wording

next week we're available at 2 p.m

Similar wording

november the 10th if we could relist this for november 10 at 2 p.m

Similar wording

time certain that'd be fantastic but wasn't this heard is this a resumption

Similar wording

yeah it's a resumption i'm sorry i missed so we're not going to list it

Similar wording

it's not going to be listed we're just going to give the date november the 10th

Similar wording

Okay, perfect.

Similar wording

At 2 p.m. because it's a resumption and no actual posting is required.

Similar wording

If I could, Chair, I just wanted to state on the record in respects to Corinne Sapp,

Similar wording

who was waiting this morning for the case.

Similar wording

Mr. Movahill, if you could be in touch with her, that would be great.

Similar wording

So Ms. Corinne Sapp, he's going to give out his email address, and I apologize for the

Similar wording

So, Ms. Corinne Sapp, he's going to give out his email address.

Similar wording

And I...

Similar wording

inconvenience of you being here this morning.

Similar wording

Ms. Sunke, could I get you to repeat the time they will be coming back?

Similar wording

Sure, that would be November the 10th, Tuesday at 2 p.m.

Similar wording

Thank you.

Similar wording

So we'll resume the hearing on that day, is that correct?

Similar wording

Yes, if that's okay with the board.

Similar wording

Okay.

Similar wording

All right, any objections?

Similar wording

Seeing none.

Similar wording

MI 2020-00107 3818 Aspen Street. This hearing will be resumed on November the 10th at 2 p.m.

Similar wording

at which time the board will consider any feedback related to the RCO. And chair may I just for the

Similar wording

purposes of allowing everybody who's on the line who wish to submit statements to the board

Similar wording

provide my email address and phone number please proceed certainly so to anybody who is here for

Similar wording

the project at 3818 aspen street my email address is leo l-e-o at fishtown law.com

Similar wording

that's l-e-o leo at fishtownlaw.com my phone number is 215-385-5291 again that's 215-385-5291

Similar wording

thank you thank you mr mulvihill and i would just ask that anybody who has information to submit

Similar wording

please do so by the end of this week only so i have appropriate time to respond and submit any

Similar wording

responses as well to the zoning board keeping in mind the five-day in advance requirement for

Similar wording

materials that get submitted to the zoning board thank you thank you very much for your cooperation

Similar wording

of course everybody have a good afternoon you do likewise thank you thank you chair before you

Similar wording

announce i know there are two additional um add-ons the second one is for 3602 brandywine street

Similar wording

um the attorney in that case meredith ferlinger is in is attempting to sign on but getting a

Similar wording

message telling her that we have exceeded the maximum 100 participants permitted i i don't know

Similar wording

miss so we can hold that we'll see if we can move that to later well you can call the um

Similar wording

call the next case that you were going to call carlisle street and then maybe in the meantime

Similar wording

ms sunken and i could work on okay but i want to go to spark street first because that's just a

Similar wording

vote yes thank you okay mi2020-000015 106 sparks street my vote is yes my vote is yes

Similar wording

of the board members jim or tom

Similar wording

my vote is yes thank you

Similar wording

okay um we're going to hold carlisle

Similar wording

no you're going to call carlisle carlisle we're going to hold brandy one

Similar wording

well mr chairman mr chairman jim snell here i was a yes on that last vote i'm i'm sorry my

Similar wording

screen went blank i was trying to get back no problem we're all having problems today no problem

Similar wording

thank you okay calendar number 39608 3248 north carlisle street

Similar wording

the original hearing was september the 30th and we were waiting to hear uh any comments regard from

Similar wording

the RCO okay I'm sorry I'm just maybe a wee bit confused and I don't know how you wish to proceed

Similar wording

but did we want to are we going to do this before we continue the continuances or no

Similar wording

oh yeah I'm sorry I got ahead of myself okay if I could I wasn't firing on all soldiers today

Similar wording

um so mr orphanetes um you can unmute yourself are you speaking to a continuance today

Similar wording

uh yes i am mr orphanetes good afternoon please identify yourself for the records by your name

Similar wording

sure good afternoon mr chairman members of the board david orphanetes from orphanetes and toner

Similar wording

two penn center 1500 john f kennedy boulevard suite 800 philadelphia pennsylvania 19102

Similar wording

my last name is spelled

Similar wording

O-R-P-H-A-N-I-D-E-S

Similar wording

thank you

Similar wording

swearing firm to tell the truth

Similar wording

the whole truth

Similar wording

and nothing but the truth

Similar wording

I do

Similar wording

and you are here on

Similar wording

I'm here on

Similar wording

6954 Keystone Street

Similar wording

number three on our list

Similar wording

Number three on our Lish Confession.

Similar wording

confession

Similar wording

Okay.

Similar wording

here

Similar wording

in honor of the

Similar wording

In honor of the property, 6954 Keystone, LLC.

Similar wording

This matter was scheduled for a hearing back in August, August 19th.

Similar wording

I had met with the coordinating RCO just prior to that.

Similar wording

As in the letter that I submitted requesting a continuance of that proceeding,

Similar wording

I had indicated that there were a number of matters that were raised during that community

Similar wording

group meeting that I needed to investigate, explore, address with my client, and that

Similar wording

continuance request was granted due to COVID-related scheduling issues, people not calling my client

Similar wording