It was called the Worcester Woods, in fact, and when the development occurred, there was some concern by some of the residents because they had been parking in this site.
because they had been parking in this site.
At the time we developed the property,
the owner actually allowed the neighbors,
some of the neighbors who had been parking on the site
to continue to have parking rights on the site.
And so they have tried to work with the neighborhood.
We're asking for a subdivision
so that we can have a separate parcel here
we would like to give it to the owner, transfer this land to the owner so that she will no longer be encroaching.
And that is really the crux of our case.
If one thing I would like to make clear on the record, since I heard some of one of the RCO chairs indicate that I was referring to her,
that was Ms. Rosalind McKelvey. I was not referring to Ms. McKelvey. I was referring to a separate
RCO person by the name of Inez Love who attended the RCO meeting. Ms. McKelvey was not at the RCO
meeting. And Ms. Love actually assisted when I was trying to explain that this had been
a long-term encroachment that probably entitles this neighbor to owning this property by adverse
possession. That is the crux of our case. I'd like to have Mr. Ellsworth adopt my testimony.
Thank you, counsel.
Mr. Ellsworth, did you listen to my testimony this morning?
Do you adopt it as your own testimony?
Thank you.
questions from the board yes mr chairman uh counselor multi-family what number of units
are you going to build there we're not going to build any units there we are going to subdivide
this away from the existing uh could put the site back uh please mr halesworth we're going to
subdivide this away from the existing development of the of the houses that were developed last year
However, these properties are fully occupied now as affordable homes, but this one property in the corner, this in red, will be subdivided away and we will therefore never have a cloud on title.
We will no longer have a cloud on title.
Okay, thank you.
We're not developing the property.
That's why I said there's no impact on the neighborhood.
Dijmiel?
I'm good, Jeremy.
okay questions or comments from the virtual audience
mr chair we have a hand raised from cheryl smith i will allow her to speak at this time
hi miss smith i think i swore swore you in earlier this morning
yes you did hi could proceed with your testimony um my name is cheryl smith i'm with the 12th ward
RCO. I was the coordinating, we were the coordinating RCO for this meeting. There were
four near neighbors present and the near neighbor that is actually attached to that property was not
Anyone else in the virtual audience?
Mr. Charles Richardson has his hand raised.
Hi, Mr. Richardson.
You've already been sworn.
Good morning again, Mr. Chair.
Sorry, I got to lower the...
I know that Inez Love is in the audience,
and she just texted me that she would like to...
I think she might be having trouble raising her hand.
Do we see her hand raised?
No, Mr. Chair.
Let me see if I can bring her on.
Charles, is she available by phone? Because her name is not visible.
She is.
is uh she's not able to get on now she says right uh so let me bring her on by telephone
with my uh with my cell and i can do it like we normally do
she's a
your speaker hi could you state your name please and spell for the court reporter
yes your name
i'm sorry can we just pause a minute that's that's what i was asking thanks chair
uh mr chair and and uh miss sunkett i have to apologize first of all i'm getting a echo
So I don't know if that's me or not.
I think we all are.
All right.
I was kicked out right when Ms. Haskins was speaking to her client.
And I just was able to get back in.
And I'll mute now.
All right.
So let's, let's, Charles, can we get a better, hear her a better way?
Or is there anything we can do for that?
problem is that i'm using two devices and one device let me see if i can get if i can come
off of zoom on my phone first okay and um chair this is tanya um as always i was just thinking
if this case is going to be resumed at a later time we can allow testimony then or a letter
could be provided if we are unable to get her testimony at this time all right charles that's
what we're going to do okay because we're going to continue the vote on this anyway
all right miss haskins mr chair may i respond to what was clearly stated on the
that i heard clearly stated before there was some confusion uh i mean the only testament i heard is
where the one woman just said there was confusion. That was it, right? I heard testimony that I was
lying and I'd like to respond to that. Okay. If it's not a matter of the record, then I don't
have to respond. I didn't hear that. Okay. I want to explain, I would like to explain clearly
what I meant by one of the chairs providing some assistance during the meeting. And that was when
people were saying that the next door neighbor would be burdened by taxes, that she would have
not have any benefit. And a lot of discussion. The person that Ms. Smith mentioned is yelling
and upset was really trying to speak on behalf of a neighbor that he hadn't spoken to.
Okay. All right. Thank you. Wait a minute. Mr. Richardson has his hand up. Charles.
Charles?
Charles?
Mr. Richardson?
I'm here now.
Ines, can you hear me?
I can hear you.
Mr. Richardson?
I'm here.
Ines, say something.
I'm not I'm concerned about the no wait wait wait Mr Richardson wait a minute I I mean I think we're
still having a hard time hearing her I think what we're going to do is we'll take her information
you'll get it to us at a later date we're going to leave the record open when we so when when
we continue this case we're going to leave the record open okay that'll work okay thank you
is there anyone else in the virtual audience
mr chair i have
Mr. Chair, I have Rosalind McKelvey. With her hand raised, I have allowed her to speak.
Okay, could you state your name, please, and spell for the court reporter?
Yes, my name is Rosalind McKelvey. I've given it before. R-O-S-A-L-I-N-D McKelvey.
And I think I swore you in before, too.
Yes, sir, you did.
Proceed. Proceed.
Hi, my name is Rosalyn McKelvey. I'm the coordinator of the 49ers, and we had the first zoning meeting where they put 417 into building. It was still, at that time, it was still woods.
um i'm just here to clarify as one of the co's um miss haskins had told me she was trying to reach
this person or the people that live at that property i told her i didn't know them but if
it would help i would give them a notice of our next community meeting and if they come to the
same meeting, they could talk to each other at the meeting. We had this meeting for 4-17. I was
not there, but I sent a representative. I'd like to bring to the attention that for the RCOs,
we do not want to be responsible for it, and we are hesitant to do anything that would impact
on the developer or the person with an issue because we're hosting the meeting. If you look
at the refusal, the refusal is for 417 East Worcester Unit 103. If you look at it, Unit 103
is at the other end of the units, and the neighbors were confused why we're bringing up
unit 103
and all we said was
we think your refusal
doesn't apply to a property
on another street.
It's not.
So could you listen to me?
I think what this needs is
it's going to need a future meeting.
We're going to continue it.
There'll be a chance
and we're going to leave it open
if people have to testify.
I don't think we have to get into that detail right now.
Thank you so much.
All right. Planning Commission.
Thank you, Chair Burke.
Oh, I'm sorry.
Go ahead.
I'm sorry, Ian.
Okay, thank you.
Thank you, members of the board.
Ian Hegarty for the Philadelphia City Planning Commission.
Board members, the comprehensive plan recommends a zoning map change from RSA 2 to RM3 at this location.
This application proposes a lot split on an existing multifamily development that was funded by the Low-Income Housing Tax Credit Program.
The applicant wants to create a parcel that is nonconforming with regard to size and deed it or allow it to be deeded by adverse possession to this adjacent property owner who has encroached on and openly used this small segment of the development to be parceled off.
the proposed parcel is undersized but it would effectively merge with the encroaching property
given that this action legalizes and formalizes an existing encroachment and given that the denial
of the dimensional variance would have a clear negative economic impact on the appellant the
city planning commission recommends that the board grant the variance thank you so we're going to
continue this case we'll leave it open um tanya i don't think we can talk about a date yet right
we'd have to wait to hear from them or do we want to give a date that it has to be done by
yes we have to give a date for resumption hearings and i just want to put on a record this is a not
typical we don't do resumptions it's only for this particular case and we're going to give
november the 15th at 9 30 a.m chair thank you very much and mr chair listen to hillary i think
we should um specify that the resumption hearing is limited to taking testimony from representatives
of the rcos as well as the council office and then ms haskins can respond to that testimony
thank you very much ms haskins okay thank you very much all right thank you everyone
okay number chair this is tanya may i just say one more thing
because this is a controversial case Ms. Haskins I would ask that your client post the property
again and you can and my office will send out posters which is not typical for resumptions
but just so everybody involved will understand what's going on thank you so much thank you all
everybody thank you all right number 12 mi 2021 002 284 4500 d street halle at the lease must be heard
applications for a vacant commercial space use registration
Applications for a vacant commercial space use registration permit required prior to occupancy
at basement in the same building with existing use as previously approved, no sign on this application.
The proposed vacant commercial space is prohibited in the zoning.
The proposed multiple principal uses on lot is prohibited in the zoning district.
Mr. Abdelaziz.
I do not see Mr. Abdelaziz in the virtual audience, sir.
All right.
So this case is marked, must be tried today?
You still don't see his hand?
No, I don't, sir.
no hands raised at this time all right all right um mi 2021 002 284 4500 d street
i vote that we dismiss this case thomas solomon my vote is to dismiss this case
okay so let's go back here to um
Let me see here.
Steve Masters, okay.
MI 2021-002095-4319 Royal Street.
Is Mr. Mulvihill here?
Sir, Mr. Mulvihill is present and he's been promoted to Panamist.
Good morning, Mr. Mulvihill. Could you spell your name and state your name and spell for
the court reporter
mr mobile
first name is leo leo leo we're having a really hard time to hear hearing you
leo this is tanya it seems like it might be um your internet that might be a wee bit shaky
okay well let's see if i can try to get something that's better that's better that's fine leo state
your name and spell for the court reporter all right certainly leo mulvihill l-e-o last name m-u-l
v as in victor i-h-i-l-l you swear for him to tell the truth the whole truth and nothing but the
truth? I do. Okay. Could you identify your client in the relationship to the property?
Certainly. The principal of the owner of the company is Johnny Frias. That's J-H-O-N-N-Y
capital F-R-I-A-S. The company that owns the property is J and A Real Estate Investors, LLC.
Okay. Our board secretary has a few questions. Yes. Good morning,
Counselor, do you agree to waive the reading of the refusal and stipulate to his accuracy?
Did you email all of the exhibits and documents as required, such as the proof of ownership,
tax clearance, copy of refusal or referral, pictures or drawings of the property five days