ZBA Hearing - November 9, 2023

notice of the meeting that I conducted, and the certificate of first-class mailing is at tab 16D.

The deed for the property that by showing that my client owns a property is at tab 12. Here you

You can see Vierre Property Management, PA, NY, Roman numeral III, LLC.

The tax compliance certificate is at tab 13.

The notice for the hearing, today's hearing, completed with the owner information is at tab 14.

And then tab 15 has the, we had three frontages, as I mentioned, Richmond Street, Shiller Street, and Melville Street.

and each frontage of the property was posted in conformance with the requirements of the zoning code.

I did reach out to Councilman Driscoll's office regarding their position in the case.

I'm not sure if Stan is on the meeting or not, I guess we'll find out regarding their position in this matter.

But again, we believe that the conditions that warranted, in summary, that warranted the granting of the variance for the second floor for residential use exist here, if not even as much, maybe more so, because the units are at the rear.

Here you can see the frontages on Richmond and Schiller, those units at the ground floor that are remaining commercial, which is in keeping with the ICMX classification of the subject property.

um and uh here you can see in this photograph that i have a tab six uh where the roll down gates for

some of the units have been rolled up um this picture was taken or somewhat mid-morning um

during the week and you can see these all units all have storefront glass um have good visibility

from the street um one of one or two of the units are presently vacant as you know commercial real

estate is down right now post-pandemic. Finding tenants for them is a challenge. My clients are

also experiencing that, even with the units that have the frontage and have the visibility on

Richmond Street. But again, that's a condition that warrants the granting of the variance to

use the rear units that don't have the visibility. And I'm just scrolling through

till i get to melville street and here you can see the building that's across from us on melville

to the south of us on melville and then again the back of the property i mean no there's nobody

walking walking down and we just don't have any visibility or frontage at our property here and

that you can see in the photographs here so with that uh i rest um i'd like to have my client and

the architect adopt my statements if at all possible and then uh then but once they do that

i would uh ask that my exhibits and my statements be uh accepted into the record

quick question how many uh commercial units will be left if the three became residential

so there are a total of 11 so let me um let me just go to that plan again one of the plans

so there's a total of 11 so what we have left is we have eight left we have unit 101 102 103

104 to 106 107 108 109 to 110 that have been combined in 111 so eight at the present time

two of those are two units that have been consolidated you can see 9 10 and 4 to 6 right

here, this is a beer distributor. 910 was a hair salon, which is presently vacant. The architect

for the project is in one of the units. And then there's various other commercial units.

Thank you. Please bring your comment on.

Yeah. So all the ones that are on Richmond Street are remaining.

Okay. Thank you.

Enrique Vieira, can you please raise your hand?

your virtual hand enrique vieira can you please raise your virtual hand

chair i see the name but the person has not raised their hand

okay you see the architect mr orfinanis no he's with uh vieira property management three

Is he the architect, Mr. Orfinetes?

No, he's with Vieira Property Management 3 LLC.

He's the owner.

Try one more time calling his name.

Let me see.

Enrique Vieira, can you please raise your virtual hand?

It's down at the bottom of the screen.

I'm not sure if he's...

I see the name, but no one is putting their hand up.

So, Mr. Orfanides, you're an officer of the court.

We'll take your testimony.

And I can quickly have the architect adopt him as well.

What's the architect's name, Mr. Orfanides?

Is it Giovanni Ramos?

Yeah, I'm sorry.

Space for a second.

Giovanni, yes.

Giovanni Ramos has been unmuted and allowed to speak.

Good morning, sir.

could you state your name, please, and spell for the court sonographer? Good morning. Giovanni

Ramos, R-A-M-O-S. Right. Do you swear or affirm to tell the truth, the whole truth, nothing but

the truth? I do. Proceed, counsel. Giovanni, sorry about that on your name right there for a minute.

It's all good. It's all good. We haven't talked in a little bit. Giovanni, you are with Supreme

Architects, correct? You are Supreme Architects, correct? Yes, yes. And you prepared the plans for

this project that I've shown to the zoning board, the plans at Tab 8? That is correct. Okay. And

you were actually one of the tenants in one of the commercial spaces at Front on Richmond Street,

correct? Yep, unit 101. There you go. So that's that unit right there by the entrance to the

rear units and the residential units. And Giovanni, did you hear the statements that I made to the

zoning board today yes i did and are they true and correct to the best of your knowledge yes and

would you adopt them as your own yes thank you giovanni and with that i uh again i um introduce

all the evidence that we submitted to the zoning board into the record along with our statements

thank you questions from the board no mr chairman no chair questions or comments

from our attorney hillary emerson um just one request mr chair um mr orphanetes we didn't

receive the propac letter so if you could please forward that to us certainly great yeah there's

some confusion he said he had done it before but then they never got it so yeah i'll be happy to

forward i'll send you an updated exhibit package okay thank you you got a question or comments from

the virtual audience i see no hands chair planning commission the run bednar city planning the

comprehensive plan currently recommends industrial commercial mixed use on the city plan given the

location currently represents a transition area between residential and industrial we have no

objection to the granting of Chris Reyes.

That's right.

So MI 2022

003 171

3421 to

35 Richmond Street, I vote yes.

James Snell.

Go ahead, Tom.

I'm sorry, go ahead.

James Snell, my vote

is yes.

ishmael my vote is yes

ishmael shaheed my vote is yes thank you counsel thank you have a nice day i want to go back to

earlier case that

in the add-on list that we had a bypass.

So the case is MI

2023-003-765-1625

North 18th Street. Mr. Holloman

has recused themselves from this vote.

Mr. Snell will be voting.

And Jim, could you certify that relative to the video?

Yes, Mr. Chairman.

Yeah, Jim Snell, I do certify that I watched the video and I'm ready to vote on the case.

Okay, so MI 2023-003-765-1625 North 18th Street, I vote no.

James Snell, I vote no.

Ishmael Shaheed, my vote is no.

Thank you.

Is there anyone from the 9.30 a.m. list whose case has not been called?

I see the age, Chair.

Thanks, everyone. See everyone at 2 p.m. Thank you very much.

Thanks, everyone.

See everyone at 2 p.m.

Thank you very much.

Thank you.

Katina, we're ready to go.

Chair, yes, we have 43 attendees. You can proceed as you wish.

Thank you.

Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon ZBA hearing.

With me is our vice chair, Ismail Shahid.

Present, Mr. Chairman.

Our board member, Thomas Holloman.

Present, Mr. Chairman.

Our board member, James Snell.

Present, Mr. Chairman.

Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunket.

Here's our virtual format.

Be advised, the proceedings are being recorded.

Video will be available by contacting tanyasunket at phil.gov.

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

To enter an appearance statement, call 267-270-5548.

Leave your email and the address of the property in question.

And lastly, the question and answer box on the screen is not for comments or testimony. All comments should be directed to our Executive Director, Tanya Sunken. Let's look at our schedule for this afternoon.

Number one, MI 2023-003-956-1818 Franklin Mills.

That case is continued.

Number seven.

mi 2023 003 939 1519 to 27 north 33rd street that case is continued number 12

M.I. 2023-003-757-2347 North Phillip Street. That case is continued. Attorney moving party.

And number 14, MI-2023-003-775-3148 West Burke Street, that case is continued.

Are there anyone who has comments relative to those four cases?

Good afternoon, Chair.

This is Yvette Benton.

and I'll be your co-host this afternoon.

I see no hands at this time.

Are there any other requests for continuances?

I see no hands, Chair.

Okay, thank you.

We have a few cases without exhibits.

Number seven.

Wait a minute here.

number six, MI-2023-002-787-90 Red Lion Road.

Sean Ward is the attorney.

There are no exhibits.

This is the third listing.

I don't believe Mr. Ward is available.

This case will be continued.

Mark must be tried.

Number eight, MI-2022-004-684-9800-Busselton Avenue.

This is the fourth listing.

Jared Klein is the attorney.

Mr. Klein, is Mr. Klein present?

Chair, he's been unmuted and allowed to speak.

Good afternoon, Mr. Chair.

Mr. Klein, just for the record, could you state your name as spelled for the court sonographer?

Certainly. It's Jared, J-A-R-E-D. Last name is Klein, K-L-E-I-N.

Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Yes, I do, Mr. Chair.

Mr. Klein, you have information relative to this case on Busselton Avenue?

Yes. This is going to be a withdrawal at the applicant's request.

All right. Thank you so much for getting online. We appreciate it.

You're very welcome. Thank you.

MI-2022-004-684-9800-Bustland Avenue, that case has been withdrawn.

We're going to go to our add-on list.

Okay, so number

Voting on this will be myself, Thomas Holloman, and Ishmael

MI 2022 001-058-332 Delancey

I vote yes with proviso

Revised plans, two pages, stamped by ZBA on November 8th, 2023.

Thomas Holloman, my vote is yes with proviso.

Ishmael Shaheed, my vote is yes with proviso.

Number two, Mr. Holloman and also Mr. Shaheed will be voting on this.

M-I-2023-003-558-2334-North 30th Street, I vote no.

Thomas Holloman, my vote is no.

Ismail Shaheed, my vote is no.

Thank you.

number three mi 2023 002 107 2100 robin street the same group will vote again i vote no

thomas holloman my vote is no it's no shaheed my vote is no number four mi 2023 003 744 1807

Walnut Street. The vote in this matter has been rescheduled to Wednesday, November 15th at 2 p.m.

Number five, MI 2023-003-678-605 Glenview Street. The vote in this matter has been

rescheduled to Wednesday, November 15th at 2 p.m. Mr. Chair, this is Hillary. I just want to

interject briefly on um numbers 4 1807 walnut street and number 5 605 glenview street the

reason these votes are being postponed um for one more week is because l and i is reviewing

the information on the refusals and may need to issue corrected refusals prior to the board

voting on these matters. Thank you. Number six, MI 2023-004-265-164 North 54th Street. Myself,

Mr. Holloman and Mr. Snell will be voting on this. I vote yes. Hours of operation,

business to close at 9 p.m. on Monday through Thursday and at 11 p.m. on Friday through

Saturday. Approve use in assembly and entertainment on the first floor with single-family living

household above. Temporary variance for assembly and entertainment use expires 12-1-26.

Thomas Holloman, my vote is yes, with proviso.

James Snell, my vote is yes, with proviso.

So number seven, MI 2021-004-819-2900 Distance Street, this is a resumptive hearing.

Would Mr. Consul please come on?