Do you swear or affirm to tell the truth
the whole truth and nothing but the truth?
Mr. Black, are you a neighbor?
Yes, I am.
Please proceed.
I live at
1113 South Daring
Street, which is right across
from the lot being
developed or whatever.
And I have
I have
two issues
Two issues that I want to bring to your attention.
that I want to bring to your attention.
Thank you.
First issue is that I've seen maybe six months ago the proposed plans,
First issue is...
and they want to put garage doors on Darien Street.
I don't know if that's still in effect or what, but they did say for loading.
Mr. Black, I'm watching that.
Several of the people in front of me, they're all shaking their heads.
yeah that's not true there is no loading we can't have a let him go ahead your second okay so
there's so there's no loading on darien street now how about trash removal will that be done
on 9th street like the rest of 9th street does have their trash put outside on 9th street and
be picked up by them commercial trash trucks because darien street's only six and a half
fit wide. And I don't need them big bins out there on the payment with them trucks trying to get up
there. Yes. Hi, Mr. Black. It's Eileen Quigley, counsel. I was at the meeting in August. I
believe I recall you being there as well. In the non-opposition letter and things we had talked
about with David Goldfarb and the committee, one of the conditions is that we will not have trash
pickup on darien street and um what the proposal is is to have the the trash storage on darien but
the 96 gallon trash cans will be wheeled up to washington avenue picked up from washington
avenue and then wheeled back down to the trash storage area the roll down gate is just to so
you don't have to see the trash storage area and that was something that um mr goldfarb said would
be really more appreciated by the neighbors so that's what we proposed we couldn't roof it though
because it would increase our variance dad i'm sorry okay anything else sir oh oh no so so the
trash bins they'll put them out when the truck comes on washington avenue and then they'll put
them back inside they won't be left outside that's what i'm trying to get to yeah no they
will not be left outside they'll be taken up to washington avenue emptied out when the commercial
trash pickup comes and then return to the space they will not sit on washington avenue okay so
the tenants will know that yes yes okay what one other reason now the uh talking about the restaurant
up top that you want to build or whatever.
Now, is there going to be like a sound barrier thing going around that,
you know, for like if they have parties and whatever else they want to do?
If I want to open my windows in the summer.
Okay, hold up, hold up.
Mr. Black, let I lead answer.
Go ahead.
So there is a roof deck there.
it meets the proposal is for a roof deck it's for a commercial tenant which would be anticipated
as a restaurant it's not in the it's not absolute at this point but it's anticipated that if there
is a restaurant that moves into that space that having a rooftop deck for additional drinks or
eating people like outdoor spaces throughout the city they're you know they're a common site
It's not a party site
It's really for the restaurant use
And it meets setbacks
So there's like no loud music
Or stuff like that that's going to be going on
Or you can stop that from happening
That is not the intention
Thank you very much
led you you'll yeah but chill hello uh all right we lost them okay is there anyone else in the
first audience not at this time chair planning commission good evening the comprehensive plan
recommends no change in zoning at this location from the current cmx3 commercial mixed use
the appellant has not shown there are unique physical circumstances or conditions that
prevent conformance with the zoning code the planning commission recommends the board deny
the requested variance for the roof deck for non-residential use signage at or above the
second story but grant the variance for lack of off-street loading okay so mi 2026 003 998 1101
to 33 South 9th Street.
I vote yes.
I vote yes.
Michael Johns, my vote is yes.
Michael Johns, my vote is yes.
Cheryl.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Kaya Nguyen, my vote is yes.
Kayla Beebe, my vote is yes.
Thank you.
I'm sorry.
Thank you very much.
That concludes my business.
Thank you.
Thank you.
Thank you.
You've been here the whole afternoon.
We appreciate you staying here.
All right.
So, number 17, MI-2026-004-145-6745-95, New State Road.
Daniel Maida is the attorney.
Two more, two more.
Do you want to take a break yet for this?
All right.
Good afternoon.
How's it going, sir?
Good afternoon.
I've noticed you've been here a long time, too.
Could you please state and spell your name for the stenographer?
Certainly.
Dan Mita, M-I-T-A.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth, sir?
Could you identify your client in relationship to the property?
Certainly.
our client is the fee owner of the subject property uh 6745 uh state road llc and i see
there's non-opposition from tacconi civic association and our vice chair has a few
questions for you sir thank you mr good afternoon um have you submitted your documents and exhibits
14 days in advance of this hearing yes we have okay and do you this is a special exception so
Do you waive the reading of your referral and stipulate to its accuracy?
Yes, we do.
All right.
Thank you.
You can share your screen and proceed.
Thank you.
Just one moment.
You'll indulge my technical inefficiencies.
almost there
it's your computer one you think are you in
it is i'm uh logging into the zoom okay sure thank you i appreciate it
yeah thank you why don't you start telling us what you want to do so we understand that'd be great
thank you very much mr chair uh the subject property is currently located in a i-2 zoning
which is permissive under special exception uh section 1460110e for junk and salvage yard and
buildings. That is the relief the applicant is seeking before you today. As you had mentioned,
Mr. Chair, we had met with the Taconi Civic Association, the registered RCO, on September
15th. We voted no opposition. The subject property meets the pertinent criteria. It is
four-acre parcel, which is greater than the two-acre minimum. It is over 1,000 feet from
any residential areas, which the minimum is 150. The operations will be greater than 20 feet from
the public street, and any processing of the materials consistent with the special exception
use will be greater than 300 feet from any residential activity. By way of further context,
The property is under the common ownership of an adjacent parcel of land with an address of 5247 Unruh Street, which is occupied by a three-generation company, Orthodox Auto Company.
so the subject the fee owner applicant is a as common ownership and the premise of this is that
they'll be subject to the requested relief they would be expanding their use onto the subject
property for just kind of just for a point why don't you check your computer now because it
should be up by now and i want you to start showing us he is promoted to panelists okay
prophetic mr chair we're up and running so
do you see it yes okay i was just promoted and i'll go ahead and share my screen with the packet
it okay all right you're coming up right now sir yep you're up we have all your documents so we
don't need your documents what we need is photos and if you have plans yep i'll jump right to them
if that's okay uh so this is probably this is a good orientation here i can zoom in if that's
helpful. So up to the north here, you can see Interstate 95. The property is to the east of
95. And then here we have the Delaware River. The property I was alluding to that's currently
operation kind of be captured here can everyone see my cursor yes sir great and then if you see
where these trees are right here this is the beginning of the eastern uh border of the subject
property it goes up this private street bevan up the new state road carries across the building
envelopes you see here and back here so this is the property line that abuts the uh current
an operation for our client. That's right. Um, this, the subject property, uh, and this kind
of whole area here you're looking at has been an industrial use since about the 1870s. Uh,
our client acquired the property back in January of this year. It was previously owned by an
affiliate of distant precision. Um, and they had been in operation. I think just as far back as
the earlier date reference. So a lot of incredible kind of history here. But
part of this is that this is a historically and currently industrial area, which, as you well
know, it being east of 95, the city's comprehensive plan is permissive of industrial uses of varying
intensities. So where does your client keep his junk and salvage? Sure. So currently all the way
along the river, that's somebody else, am I correct? All the way. Well, loaded question.
There's a number of different tenants and owners in this area. But if you were to follow my cursor,
this area generally has a tremendous amount of vehicular storage, so storage of vehicles,
um and then uh also of kind of raw materials so what our client does even though we're using we're
importing the term drunk and salvage yard in a lot of ways it's kind of recycling of cars that
have been abandoned or that are and the idea is to kind of uh extract and reuse as much of those
materials as possible um so the there would still be processing on the existing property but it
would matriculate up towards this property, largely contained for the purpose of a lot
of the processing on the subject property, would actually largely be inside of the existing
building structures.
Right.
So it would be contained in that instance.
Clearly, there's a lot of kind of vehicular traffic, but it's largely contained to this
So, there's, you know, the adjacent uses is currently used in the area.
This would be consistent with that and complementary.
I guess I'll just note one of the explicit purposes of the zoning code is promoting adjacencies of appropriate uses
and conversely discouraging or disallowing adjacencies of uses that should be separated.
So here, the use will be consistent with the adjacent uses.
At this time...
Would you want to bring your client over?
Your client here?
Yes, he is.
Why don't you come up, sir?
Could you state your name and spell it for the stenographer?
Sure. My name is Nicholas Evangelist, N-I-C-H-O-L-A-S-E-V-A-N-G-E-L-I-S-T.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel, what do you consider?
Thank you. Mr. Evangelist, did you hear my full and complete testimony today?
And do you find it true and accurate in all material respects?
And do you find it true and accurate in all material respects?
Yes, I do.
Yes, I do.
And will you adopt it as your own?