neighborhood. We almost never see activity there unless there's sort of an illegal party that's
going on too late or something like that and police are involved and that has happened four
times um neighbors had to call since um april of 2021 um in our original letter in our agenda we
listed a number of issues um why the neighbors do not want any um the art studios are fine as
studios studios and banquet halls parties discotheques are totally different types of
operations abutted to residential neighbors. There are 59 affected addresses nearby this
property, and there's three affected RCOs within the boundaries of this property. Of the three
affected RCOs, one of them was chosen by the council office as the RCO coordinator, and our RCO
also attended the meeting. There were no affected neighbors at both meetings, not one. Also,
the RCO coordinator engaged in some illegal activity at both meetings, which caused the
meetings not to be completed. This is unfair to the applicant and their clients because that's
not what they're expecting. And they leave the room or the virtual room and expect that we
continue the meeting and vote and talk about any other issues. In both cases, the RCO coordinator
was manipulating the technology. For example, I was cut off of participation. I was hung up on,
and then I called back to participate. I thought it was a technical error, and I sent screen print
evidence that I tried to call in 24 more times and was not allowed to complete the meeting. Each
time, it was like children playing on the phone, and I was sent to a waiting room, and I could hear
are parts of the conversation, which is why I knew there was no vote. I did recognize one person
in the audience who was not an RCO, who I know she lives in Tioga. I know she's honest. She's a
pastor. And she was participating, but she's not from that immediate area. The property is listed
for sale on the market, which I also reported, and constantly allowing these variances or
enhancing the value of the property, those uses that have been granted, they're commercial.
Some of them will, you know, exist fine next to a residential area, but in most cases,
because the occupancy is not there, these variances are only serving to make the building
more valuable to the owner, who seems to be trying to get $7.5 million for this building
as soon as possible, so he wants these variances to be granted. He has an upcoming hearing with
another variant appeal application that he's trying to reinstate some of these uses because
they have not been occupied. They've not had tenants. So the neighbors feel, though,
the affected neighbors feel, though, many of these tenants that are presented to us are
faux tenants. They're not real tenants. And the leases are not signed. They're not notarized.
This is what we've been experiencing.
So so I I think what let's put it here. You you're against this at this point. Is that right?
Yeah, but we need our reasons on the record because we were against it before.
And you're with Swampoodle. Yeah. OK. All right. Well, thank you very much.
We appreciate you calling in. Is there anyone else?
i see no further hands mr chair i'm sorry go ahead yeah if if members of the board would like
me to address you know i can address mr richardson's comment about not being um uh not being
notified of that second meeting um that second meeting was at the behest of the the rco uh the
rco sent out those notifications um and i i is my understanding i assume that you know the rco
send out notifications to everyone who should have been notified. My engagement of Mr. Richardson
again toward the end was copying on emails an email thread that was already established that
we continue to communicate on. So I was unaware that he was not invited to that second RCO meeting
and to address some of the issues that Ms. Fernandez brought up. One you know the owner
selling a property um it's not an issue uh for the zoning board um to uh miss uh
uh for the zoning board um to uh miss fernandez did submit you know some names of neighbors um
however she mentioned no no near neighbors showed up at the uh community meeting which is the proper
venue uh to voice those concerns um all neighbors were notified of the meeting i actually myself
today walked around that particular neighborhood to see if i can see if anyone was outside to talk
to them about the particular project the only concern that people mentioned to me was about
parking um but not necessarily in opposition uh to our uses here so we haven't had opportunity to
even speak with those who uh who signed this petition uh expressing their opinion um and
even on this uh petition there are a lot of uh there's some things that are are incorrect
um on that particular petition so i would like to just put that on the record all right thank
you misty home planning commission good afternoon chair peter bernard for the planning commission
the comprehensive plan recommends no change to the i-1 industrial zoning at this property
traffic and crowds generated by assembly and entertainment use could cause disruption to the
operations of neighboring industrial businesses the applicant has not shown a hardship exists
that would prevent the property from being used for industrial.
Accordingly, the Planning Commission recommends the board deny the use variance.
Thank you.
Hillary, to stay consistent with what we've done today,
I'd like to try to, the coordinating RCO should,
I'd like to try to pick a couple weeks to see if we get some input from them
before we vote on this.
So I would suggest...
I understood where Swampoodle was, but somewhere along the line,
somebody decided that Upper North Neighbors Association was the coordinating RCO. So I'd
like to take some time to see what we can get from them and then vote after we hear. Or if we
can't get a hold of them, we'll do a vote. So what if we gave it then two weeks, we'll close
the record except for a letter from Upper North Neighbors Association and then the councilwoman's
office? That's right. That's right. Okay. Are you okay with that? Yes, sir. Okay. All right. Thank
you everyone thank you um for for everybody on the line here let's take a quick five minute break
and then we'll go into the 3 30 list and we only have a few things so we can really get done but
i'm going to give mr kelly a little bit of quick break and let's let's break for five
minutes then we'll come right back okay everybody that's much appreciated chair thank you okay mr
chair understood good afternoon my name is bill bergman i will be chairing this afternoon's 3 30
meeting of the for zoning the zba uh with me is ismail shaheed our board secretary
present mr chairman thomas hallman our board member president mr chairman and james snell
our board member. I know Mr. Snell's there somewhere, so we'll get to that. Also with
us is our Executive Director, Tanya Sunkett, and our attorney, Hillary Emerson. Our virtual
Your case number four, MI 2021-004-541-251-RIPKIT.
Yes, sir.
Can you hear me?
Are you requesting a continuance?
Yes, sir.
That case is continued.
Thank you, sir.
Any other requests for continuances?
I have Mr. Charles Richardson with his hand raised.
I have a lot of time to speak at this time.
I'm Mr. Richardson.
We've spoke several times today.
Just state your name and give me your case.
Charles Richardson, Office of Accountants, Cindy Bass from 312 City Hall.
1508 West Negro.
I don't know whether you have received him.
Obviously not, since it wasn't a call.
I do not have any.
I'm going to get to that, Mr. Richardson.
There's no exhibits and there's a second listing.
Yes, sir.
Unfortunately, the gentleman has not been able to get an RCO meeting established with the coordinating RCO.
They've had leadership changes at that RCO.
And I either may have to reassign or do it myself one way or the other.
But we're going to make sure the gentleman gets his RCO meeting.
When I call that case, I'll make sure we talk with him and tell him, okay?
I don't think he's going to be on.
Okay, fine.
Okay, so that, so number seven, MI 2021, 004-460, 1508 West Negro Avenue, case is continued.
Mr. Chair, this is Hillary. Can we just make sure that, just call the applicant and make sure that he's not otherwise on? Thank you.
Okay, Pierre Gaston.
Mr. Chair does not appear to be on no I do not see him at all okay thank you Mr. Richardson
any other requests for continuances only have your hands up if you're requesting a continuance
if you have a question please provide that question in the Q&A thank you
i have a withdrawal number five mi 2021 004 399 78 east penn street the cases has been withdrawn
I know. I'm sorry. Okay. Sure. Thank you. Are you guys going to mail it to me?
You will receive information relative to that.
Okay. Number six, MI 2021-004-536-1212, South 2nd Street, Keith Okowski. No exhibit, second listing. Mr. Okowski.
Mr. Olkowski, if you're in the virtual audience, please raise your hand.
Mr. Olkowski has been allowed to speak.
Mr. Olkowski here.
Yes, he is.
Mr. Olkowski, state your name, please, and spell it for the court reporter.
Keith Olkowski, O-L-K-O-W-S-K-I.
do you swear a firm to tell the truth the whole truth and nothing but the truth
yes we we don't have any exhibits for you yeah that was an error on my behalf we do wait one
minute we do have information from pensport civic association and mr squill and an opposition from
a neighbor but we don't have your exhibits uh that was ignorance on my part i was unaware i
had to pre-submit my previous appearances at zba i just brought the documents with me
which i have ready to go today all right so here here's what we're going to do we're going to
continue this case but next hearing it's going to be mark must be tried okay absolutely and you
will hear from us when that case is continued to thank you thank you is is a attorney michael
McElhenney in the audience?
Yes, he is.
Do I allow him to speak?
You can.
Understood.
Mr. McElhenney.
Yes, can you hear me?
Counsel, just state your name for the record.
Michael, M-I-C-H-A-E-L
McElhenney
M-C-I-L-H-I-N-N-E-Y
counsel for Greg Mester next door neighbor. All right. Do you swear for him to tell the truth
to hold truth? Nothing but the truth. I do. I just wanted to make sure that you and your client both
know this case is being continued, but it will be marked, must be tried the next time. Okay.
Excellent. And on the record, counsel, I did speak with the applicant and to inform him,
he also has to post notice at the property, which wasn't done in advance. Okay. That was
another one of our objections, but okay. Fine. We'll take, thank you so much, sir. Have a nice day.
okay all right case number two am i gonna interrupt may i just respectfully mention
to mr okowski please contact the office so we can give you a step-by-step
account of what needs to be done since the last next time this must be heard please call us
directly and we'll help you out thank you i hope you're showing the audience mr okowski thank you
and mr chair um this is hillary um one for number three that was continued i don't think
we put the calendar number into the record so we could just put the calendar number for
gillingham street 2021-005-187-2116 gillingham street cases continued mark must be tried
Thank you. And I believe there's someone else here on the 1212 South 2nd Street, John Rogers. I believe he's another one of the neighbors.
1212 South 2nd Street?
Yeah, we can just verify. He has his hand raised.
Hi, hello. Can you hear me?
Hill has been promoted to Panama, sir.
Mr. Mulvihill, you've already been sworn.
Could you just state your name for the record?
Good afternoon, Chairman.
Leo Mulvihill, M-U-L-V as in Victor, I-H-I-L-L.
Could you identify your client in relationship to the property?
Certainly.
The client is David Lafferty.
He is the principal of D&B Investments, LLC.
He's on the line.
Okay. Our board secretary, Ismail Shahid, has a few questions.
Good morning, counsel.
Good afternoon.
Oh, good afternoon. Excuse me. Long day.
Do you agree to waive the reading of refusal and stipulate to his accuracy?
Did you email all of the exhibits and documents as required?
I don't know what that is.
As required, such as proof of ownership, tax clearance, copy of refusal or referral, pictures or drawings of the property, five days in advance to this hearing.
And did you meet with the RCO and did you have a letter?
Great.
Please proceed and share your screen.
Certainly.
So members of the board, hopefully my internet from earlier isn't giving us a problem anymore.
And everybody can see my screen.
So good afternoon.
Leo Mulvihill on behalf of D&D Investments.
David Lafferty is the principal, and he is on the line,
should it be necessary to call him.
This is for the property at 2038 to 44 North Phillip Street.
For the record, I'm showing you the table of contents.
We have the refusal at 1.
Area zoning maps at 9.
each of these is proposed to be a triplex and the reason that we propose that is that with these
slightly wider spaces now rather than building more narrow room homes we're going to have a
little bit more affordability for the folks a little bit more space for them a little bit better