civus
Hearing video

ZBA Hearing - July 22, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 22, 20204h 57m

inside.

Similar wording

inside. So this appeal against L&I comes under section 143055 of the code, which deals with

Similar wording

So

Similar wording

discontinuance of use. And here we believe that because the use has been continuous and it's not

Similar wording

been abandoned since 1949, we believe that this appeal should be sustained and that the board

Similar wording

should allow for L&I to issue a permit for a three-unit building at the property.

Similar wording

So at this point in time, I'm going to ask Charlotte a few questions.

Similar wording

Charlotte, can you state your name, please? Charlotte J. Martish. M-A-R-T-I-S-H.

Similar wording

and where do you live what's your address 504 writer street philadelphia 19128

Similar wording

have you heard the statements i have made yes are they true and correct yes do you adopt them as

Similar wording

your own yes um charlotte can i direct your attention to exhibit five um which is on page

Similar wording

23 of the pdf which is um an owner's affidavit are you able share and share excuse me are you

Similar wording

able to share that? Apologies. Can you see my screen now? Yes, right. Yes, um, Charlotte,

Similar wording

do you recognize this document yes i do um sarah we need to get her on the record her name and

Similar wording

address your client charlotte can you record please my name is charlotte martish m is in

Similar wording

Mary, A, R, T as in Thomas, I, S as in Sam, H.

Similar wording

I live at 504 Ryder Street, R, I, G, H, T, E, R Street, Philadelphia, the Wissick and

Similar wording

section of the city.

Similar wording

Thank you, Ms. Martis.

Similar wording

Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Thank you.

Similar wording

Thank you, Sarah.

Similar wording

Please proceed.

Similar wording

Sure.

Similar wording

just to go over things since uh really quickly um did you hear my statements that i made earlier

Similar wording

yes i did are they true and correct yes do you adopt them as your own yes um at this point in

Similar wording

time i'd like to redirect your attention to um exhibit five which um is on page 23 which i

Similar wording

23, which I believe I have shared on the screen for debaucher review. Do you recognize this

Similar wording

document? Yes, I do. Is it in affidavit? Correct. Is that your signature, which appears on page two?

Similar wording

Yes, it is. Okay. So, and prior to signing this document, did you review it? Yes, I did.

Similar wording

and you ensure that all the statements made in are correct they are correct

Similar wording

okay so just to take you chair for the benefit of the board on this document

Similar wording

describes the history of ownership in detail which I presented in my initial

Similar wording

presentation I'm happy to go over it again but I just wanted to incorporate

Similar wording

it into the record for the benefit of the board and everyone involved so

Similar wording

So, Mrs. Mardish, your father owned the property at 207 Green Lane, is that correct?

Similar wording

Yes.

Similar wording

And growing up, where did you live?

Similar wording

I lived next door at 205 Green Lane.

Similar wording

My parents also owned that property.

Similar wording

So growing up, were you familiar with 207 Green Lane?

Similar wording

Yes, I was.

Similar wording

were you familiar with how that property was operated yes I was was it always a

Similar wording

rental property as far as I remember correct and how many units great and

Similar wording

then your father passed away in 1978 is that correct yes and after your father

Similar wording

passed away your mother owned the property correct and did your mother

Similar wording

continue to operate it as a rental property? Yes, she did. Did it continue as a three unit property?

Similar wording

Yes, it was.

Similar wording

Yes, it was.

Similar wording

After your father passed away and your mother took ownership of the property,

Similar wording

did you remain involved with the operation of the property?

Similar wording

I did to a point, yes.

Similar wording

My mother was older then.

Similar wording

And since after your father passed away, did your mother live in the property?

Similar wording

My mother decided to sell the three-story apartment, three-story building at 205.

Similar wording

I was going to help with that.

Similar wording

She got the wrong soda.

Similar wording

I'm worried about them being able to knock that down.

Similar wording

Sharon, I'm sorry.

Similar wording

You were unmooted.

Similar wording

The dog listened to what your command was.

Similar wording

I'm so sorry.

Similar wording

All right.

Similar wording

okay Sarah please continue so Charlotte I believe you were talking about your

Similar wording

mother moving into the property yes my father died in 78 my mother lived next

Similar wording

door it was the house was too big she and my older sister decided to take over

Similar wording

the first floor apartment at 207 Green Lane and she consequently sold 205

Similar wording

really she continued to rent out the other two apartments um and then in 1998 she transferred

Similar wording

the property to you and your sisters yeah 1998 98 yes um and throughout that time

Similar wording

do you guys continue to have to use the property as a three-family property yes um from

Similar wording

From any point in time that you can remember through now, did you make any interior alterations

Similar wording

to the property?

Similar wording

No.

Similar wording

Just painting, carpeting.

Similar wording

Did you make any alterations that would reduce the number of units below three?

Similar wording

No.

Similar wording

What was your intention regarding the property and how you wanted to use it?

Similar wording

originally i thought my three sisters and i would retire but as i got older i realized i couldn't

Similar wording

live with them so we decided finally we needed to sell the property and when you went to sell

Similar wording

the property did you intend to sell it as a three unit oh definitely as a three unit yes

Similar wording

um that's all the questions i have for my client at this time i'd be happy to

Similar wording

answer any questions for the board just the gist of your testimony is that this

Similar wording

is always and it has continually been used as a three-family dwelling the

Similar wording

triplex license the license was paid for only two of the three units

Similar wording

Because it was owner-occupied

Similar wording

Understood

Similar wording

Understood, okay

Similar wording

Thank you

Similar wording

Leonard or whomever

Similar wording

I'm not sure if Leonard is in attendance

Similar wording

Yes, he submitted a letter

Similar wording

Have that letter

Similar wording

to be read into the record?

Similar wording

Sure.

Similar wording

Give me one second.

Similar wording

Thank you.

Similar wording

I can read you the email that Leonard sent today.

Similar wording

Ms. Sunkit, please inform the Zoning Board of Adjustment with respect to the matter of

Similar wording

207 Green Lane, ZBA date July 22, 2020.

Similar wording

On the basis of all the information provided, the city is not opposing the applicant's claim

Similar wording

to lawful non-conforming use so long as all the materials supporting the claim are put

Similar wording

into the record of the board and on the condition that the appellant obtain a new use permit

Similar wording

indicating three-family use once a decision letter is issued by the board.

Similar wording

Have we known that sooner? Okay. All right. Anyone else, Tanya, on this case?

Similar wording

I have no hands up at all. All the callers, there are a lot of callers. If you wish to testify,

Similar wording

you must press star nine but cheer at this moment i do not see any hands up

Similar wording

any questions from the board

Similar wording

Thank you. Any questions from the board? All right. Calendar number.

Similar wording

all right

Similar wording

Oh, God. All right. Carol, would you give me that calendar number and address again, please?

Similar wording

Carol, if you could unmute yourself.

Similar wording

okay calendar number 39727 207 green lane

Similar wording

okay calendar number 39727 207 green lane uh my vote is uh my vote is to grant the appeal against

Similar wording

L and I. My vote is to grant the appeal against L and I. Appeal granted. Appeal granted. Appeal

Similar wording

granted. So we voted. Thank you. Thank you all.

Similar wording

I thank you for the rest of your day calendar number 39 I'm sorry can I

Similar wording

interject please sure so sorry so chair vice chair we do have the attorney for

Similar wording

Frankfurt Avenue available it's a different Michael and if you will allow

Similar wording

him go to go next I can promote him to a panelist yes reading okay that'd be

Similar wording

great

Similar wording

calendar number three three nine seven five zero nine nine nine eight Frankfurt

Similar wording

Avenue the attorney is Michael Malloy it is Malloy thank you very much do you

Similar wording

agree to wave and stip? Yes, thank you. And do you also swear to tell the whole truth and nothing

Similar wording

but the truth? I do. Thank you. It's like Perry Mason. Thank you, Frank. Okay. Thank you, Mr.

Similar wording

Chairman, members of the board. My name is Mike Malloy. I'm with the law firm of Obermeyer,

Similar wording

Reverend Maxwell Hipple. I have with me today two witnesses if we need them. Of course,

Similar wording

is Justin Giannotti. He's with Dynamic Engineers. He's our professional engineer on the job. And

Similar wording

Sean Leonard, who is the managing member of 9998 Frankfurt Avenue, LLC, which you'll hear,

Similar wording

we might as well take care of that preliminarily. OPA had the wrong owner listed on the

Similar wording

on the records. And so the application was filed under the name of Realty Income Corporation.

Similar wording

Realty Income Corporation sold the property to Mr. Leonard's LLC. And that is 9998 Frankfurt

Similar wording

Avenue or Frankfurt Ave LLC and in your exhibit packet we've pre-marked as

Similar wording

Exhibit E the updated deed OPA sheet and previous deed for your record so with

Similar wording

that we're talking about the property located at 9998 Frankfurt Avenue it's

Similar wording

the northwest corner of Frankfurt Avenue and Knights Road in Northeast Philly

Similar wording

currently it's in a discontinued or abandoned gas station retail a motor

Similar wording

vehicle repair station and retail this mobile dispensary use and if you look at

Similar wording

exhibit K in your packet that shows the photographs of the existing conditions

Similar wording

and the site is like a lawyer it's more a part of me if you could share their

Similar wording

that with us. That would be helpful. Oh, I'm sorry. No problem. It's all new to all of us.

Similar wording

Oh, geez. I thought you had them to see them. I thought that when I submitted them that you had

Similar wording

them. Okay. Let me, give me one second, Mr. Chairman. Sure. Give me one moment here.

Similar wording

Sorry about that.

Similar wording

No worries.

Similar wording

No worries.

Similar wording

One second here.

Similar wording

Give me one second here.

Similar wording

Hold on.

Similar wording

Hold on.

Similar wording

Apologies.

Similar wording

I would have had, I thought this was working differently.

Similar wording

Sorry about this.

Similar wording

Thank you.

Similar wording

if it's given you a problem we can just go with your oral testimony and okay well i as i i'll

Similar wording

keep testifying as we as we uh can you hear me right now yes okay great i'll keep testifying

Similar wording

and i'll bring up the exhibits okay uh so thank you mr chairman sorry about this so the existing

Similar wording

conditions consist of an abandoned service station plus a canopy. The space is 100%

Similar wording

impervious surface. The existing square footage of the building is 1,880 square feet.

Similar wording

And what's proposed is a complete rehabilitation of the site. The applicant proposes to construct

Similar wording

a single commercial building with two tenant spaces. The first tenant space would be 2,488

Similar wording

square feet. The next one would be 2,844 square feet. It would have 33 parking spaces,

Similar wording

and the smaller of the two spaces is already dedicated toward a citizen's bank. The other

Similar wording

use has not been identified yet, but Mr. Leonard is marketing it. The site would be reconfigured.

Similar wording

There would be access points on both Knights and Frankfort Avenue. In your exhibit packet,

Similar wording

there were two exhibits under the plan set. The second plan set that we submitted, the only change

Similar wording

was a minor change in the driveway aprons. They were straightened instead of more like an apron

Similar wording

type driveway. But otherwise, the site will be fully landscaped. It will be green. They'll put

Similar wording

green areas in with underground stormwater management. The site has no environmental

Similar wording

conditions. In the exhibits, we've received community support. The RCO letter, which is

Similar wording

marked in the exhibit packet as Exhibit N. We've also received a letter from the councilman,

Similar wording

and that letter of support is also in the exhibit packet from Councilman O'Neill's office.

Similar wording

The two variances that we're discussing today have to do with the drive-through

Similar wording

for the proposed use, and that drive-through is 14 feet closer. I'm sorry, it's 14.5 feet,

Similar wording

where it should be 20 feet from the adjacent commercial area, and the other variants

Similar wording

request that we do not separate the bypass lane with a curb, and rather the applicants proposing

Similar wording

a thermoplastic striping, but a curb median or landscaping is proposed under the code.

Similar wording

So those are the two, the setback from the property line for the driveway at 14.5 instead

Similar wording

of 20, and the ability to stripe it instead of curb the distinction, the distinct area between

Similar wording

the bypass lane and the other lane. And the reason for the curbing to get rid of the curbing is

Similar wording

because when you run a plow through, it destroys the plow. So I think that this is one of those

Similar wording

variances that actually maybe falls under Hertzberg. And it's a complete rehabilitation

Similar wording

of the site. You have an economically distressed property. We're coming in, making a better use.

Similar wording

They're just asking for two minor dimensional variances, one of which is probably

Similar wording

de minimis in nature. And that is the end of the case. And my witnesses

Similar wording

you know, de minimis in nature. And that is the end of the case. And my witnesses would confirm

Similar wording

on the record that what I said is correct. Okay. If you have your witnesses, would you,

Similar wording

are they there or are they joining? They should be on the line, yes. And

Similar wording

maybe they can raise their hands. Yeah. Well, the witnesses in this case,

Similar wording

please raise your hand so we can identify you.

Similar wording

Hi, this is Justin Giannotti with Dynamic Engineering.

Similar wording

Justin, would you please spell your name for the stenographer, your name and address?

Similar wording

Sure.

Similar wording

Name is Justin Giannotti, so it's J-U-S-T-I-N and G-E-O-N-N-O-T-T-I.

Similar wording

you swear to the firm to tell the truth the whole truth and nothing but the truth

Similar wording

i do and your address i i interrupted you i'm sorry not a problem 826 newtown yardley road

Similar wording

suite 201 and that's in newtown pa 18940 thank you

Similar wording

mr malloy you want to ask your client if he adopts your testimony

Similar wording

Yes.

Similar wording

Mr. Giannani, do you adopt the testimony as I stated?

Similar wording