community will not always be appropriate for that community at one time there's many active
warehouses in our neighborhood including my own home which is directly behind the property
it's no longer like that there are no longer any active warehouses on federal and and or latona
the process of putting in a commercial an active commercial warehouse will most likely generate
commercial noises that will diminish the enjoyment of the neighboring residential properties
specifically my own since we share a common wall literally the wall between our two properties is
one brick thick and the properties are like right against my bedroom and my office finally the noise
issues will be exacerbated because in this new economy business hours are no longer limited to
the traditional eight to four.
so the noises may irritate the neighbors into the evening and early morning hours.
So the noises may irritate the neighbors
into the evening and early morning hours.
In conclusion, the applicant should be required to address these concerns before an approval is made.
Thank you.
Any suggestions on what you'll be asking the applicant to do to mitigate those noise issues?
Hello?
Mr. Miller has a parent.
Yeah, Mr. Albergo, you mentioned noise issues, potential noise issues, and you said that the applicant, paraphrasing, should address those. Do you have any suggestions or recommendations or requests?
I have two suggestions, sir.
One is that he could frame and insulate our joining law in order to diminish the noise coming through.
Secondly, if you are going to approve it, you could do it on a one-year term or not a long-term approval.
One that has to come back will be possibly eligible for us to revisit it to see how the warehouse is affecting the neighborhood.
I don't really have a problem with the warehouse, especially I think Mr. Agnes is a responsible member of the community and I have no problems with him personally.
I just think that if he does sell it, the likelihood of it being used as a warehouse could be problematic for me specifically and us as the neighborhood.
So even though he's a responsible member of the community, the noise issues would be a problem.
So two ways we could address it. One is the limitations on the use in terms of the time.
another way is put in insulation and frame the walls another way is we can revisit this again
in the near future let him be a warehouse and then see how he handles it being a warehouse
a fully active warehouse because i don't believe it's a fully active warehouse right now
as i said it's really only his daughter in there using it as an art studio does that
answer your question sir yes it does thank you thank you
and mr miller before you address that i want to find anyone else to testify in this case
please raise your hand. Chair, we have a Mike Gumbel. Mr. Gumbel? Hello, can you hear me? Yes,
please identify yourself with the records by your last name and provide us with your address.
Mike Gumbel, G-U-M-B-E-L, 924 Greenwich Street, 19147. Nine where? I'm sorry? 900 block of
Greenwich? Yes, 924. What is your affiliation with this property? I am here representing the
RCO, Patch Young Square. Oh, okay. I'm sorry. Thank you. You swear and affirm to tell the
truth, the whole truth, nothing but the truth. I do. Thank you. Please proceed. Mr. Chairman,
members of the board, the applicant came and met with us in January of this past year.
We are strongly opposed to this. We voted 9 to 0 in opposition. As Mr. Albergo and
chairman mentioned the character of the neighborhood has changed significantly. It once used to be a
walking neighborhood. It's now riddled with cars and warehouses themselves are just not used in
residential areas. We're concerned about the traffic congestion that it will bring. As you
know, Federal Street is a pretty major east-west street and so we have serious concerns about
trucks and other vehicles pulling up to load and unload throughout the days and evenings.
Aside from that, if you, the pictures that Mr. Miller provided, I think if you were to look at
those, there's really no reason why that warehouse could not be converted to several residential
units. So we don't have any, we would like to see that rather than using it as a warehouse
or a wholesale distribution
because it helps with the character
of the neighborhood itself.
And with that, I rest.
Thank you.
Mr. Miller, you have anything,
comments on that?
If not, I'll move to the next witness.
And this is exactly the point
of a nonconformity.
The purchaser or the owner
of a property that has a nonconforming use
has a property right
and that property right and of ownership in that property is recognized by the code
and it's just as valid as each of those witnesses interest in their own homes and the code does the
residential provision of this code under a non-conforming use does not apply so this isn't
a situation that most RCOs are accustomed to, where there's negotiation because a party
is asking for relief from the code. We are not asking for relief from the code. We're
We are not asking for relief from the code.
We're asking for recognition of a longstanding use that is inconsistent with the code.
I ask you for recognition.
So while I respect the positions that have been taken by both of the other witnesses, I submit that the only issue that's relevant before the board is whether or not the use has been abandoned.
and they've offered no evidence of an abandonment of the use.
So if the board finds that there hasn't been an abandonment,
then we're entitled to recognition of the nonconformity.
Thank you very much.
Excuse me, this is Sharon Saleta.
Mr. Miller, are you in the alternative requesting a variance?
We are not.
Did you file this application as a variance request
or as an appeal against LNI?
uh we we appealed the uh decision of lni refusing the use um i'm afraid then that we may need to
reschedule this and have the law department someone from the law department and from lni
appear to weigh in that's that's where your appeal is against lni uh i i'm familiar with
that property I know that has not been abandoned and the RS5 was actually put in place back in
1989. I'm familiar with that because I ran the Civic Association those days and it was only put
in place if there was abandonment so we could we the community would have a say in what would be
proposed to be built going forward. So again the best of my 75 years of knowledge about that block
it's always been commercial. That property in particular has always been commercial.
So Sharon, you're saying then we need to continue this?
If it is indeed an appeal against Illinois and not a request for a variance, then yes,
we have to give the law department an opportunity to appear.
um chair are you muted um no i don't can you hear me yes all right mr miller
um we were hoping to resolve the case today um and um can i suggest an alternative can we um
can you hold this until um close the record for right now hold it until for discussion in next
week's executive session. I will go through all of the legal memoranda in the meantime and you
can announce following the executive session either a vote or that another hearing is going
to be required. Mr. Miller, in the event that we do not need another hearing, we're not sure of that
yet, Ms. Loretta will let us know. Mr. Albergo, the neighbor who was talking about there was only
a one brick between his property and and your client's property which is not unusual in that
block if it would be possible i would suggest that maybe your client speak to mr albergo
maybe there's some way of putting up some framing and some insulation that would address mr albergo's
concerns but it's not it's not mandatory i'm just putting that out there as a gesture of goodwill
Okay, and do you need your, is your client there?
Do you want to get your client on the record?
Sure, Mr. Agnes, would you please unmute?
Mr. Agnes, are you available?
Yes, he keeps disappearing.
One second.
He's back.
Good morning, Mr. Agnes.
Can you hear me?
Yes, please identify yourself, spell your last name.
My name is Jay Agnes, J-A-Y-A-G-N-E-S.
You swear in the firm to tell the truth, the whole truth, nothing but the truth.
Thank you.
Mr. Miller?
Thank you.
Mr. Agnes, you heard my testimony on your behalf.
Yes, sir.
Do you adopt it as your own?
Yes, I do.
Is there anything that you'd like to add?
Yes, my family has owned and operated a construction company in South Philadelphia for 103 years.
company in South Philadelphia for 103 years. We're good neighbors. We've bought, sold, and developed
We're good neighbors.
many properties in the area. I think our track record speaks for itself. I know many people in
the neighborhood, which I respect, and I'm hoping they respect the things that I've done for the
community. And I am a good neighbor, and I will continue to be a good neighbor. Thank you.
Thank you. Any questions from the board? No. Karen, do we go through the whole process
or I guess the planning commission or do we wait?
Excuse me, Chair, were you speaking to me? Yeah, do we ask for the recommendation of
planning commission or do we wait until uh you have a discussion with uh l and i um you can
ask for the recommendation of the planning commission however if we determine that it
is strictly an appeal against l and i um that wouldn't be necessary but why don't we get it
on the record there's no harm in getting it um okay i was just on the phone with miss sunkett
it confirmed that the form at least that was used
was a variance request.
So we will discuss it next week.
Thank you, Mr. Hegarty.
Hegarty.
Thank you, Chair Chico.
Ian Hegarty for the Philadelphia City Planning Commission.
If this is to be considered as a variance,
the comprehensive plan recommends no change
to the existing residential single-family zoning
of the location.
However, the proposed use is consistent
with documented previous uses on the property and so the city planning commission would recommend
that the zoning board grant a variance in this case. Thank you. So Sharon again we're going to
close the record. Yes close the record and discuss it during executive session following the
executive session it will either be voted or another hearing will be scheduled in order for
LNI and the law department to weigh in. Okay thank you. Mr. Miller you understand where we're going?
yes thank you very much all right thank you so MI 2020 that's 003086 1231 Federal Street
the record is closed the board will be discussing this case set and make a decision at next
Wednesday's executive session next Wednesday being what March 31st I believe correct here
okay thank you next case calendar number 3085 1421 hope street the attorney is vince defino
good morning mr defino do you have a letter of support from south kensington community partners
yes can you put your name and address on the record please
Sure, my name is Vincent Anthony Dufino, I represent United Holding Group and my address
is 2541 South Broad Street.
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?
Yes, yes.
Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, and plans five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Thank you.
I mailed everything except – okay.
The tax compliance I have available now because there was like a small outstanding balance, but it's a zero balance now, so I have that.
that's the only thing that's not wasn't in the package but I have that so if you
could share I could go through the exhibits am I coming up on the camera
no hello
are you did you there you go
there you go there I am see that
all righty I wanted to show you the view of Broad Street over here
I didn't want to make you jealous guys but I have to but anyway
we have all the funeral homes up my street here
so if you share I could go along with you but
here's where this thing started out the history on this thing is we started this back in november
of 2019 it was going to be a single family residential with a front-loading garage
It was going to be a single-family residential with a front-loading garage.
We met with South Kensington.
They were very much opposed to the front-loading garage,
even though the neighborhood had several of them.
So we discussed it with them, and they said, you know,
we wouldn't be opposed to a duplex.
If you want to do a duplex, my client thought it was a great idea.
So, we put together plans for a duplex.
We were coming to a hearing, and then we realized that either we had to amend the application or refile.
So, we just refiled on this one.
Sir, excuse me.
We need exhibits.
We need exhibits on the screen.
Yeah, I'm trying to see what's going on here.
So, Mr. DeFino, do you have your file open?
Okay, right.
So, you have the file open already, right?