And why do you believe you had proper permits to work on the property?
I believe when I hired the draftsman and architect, when I first purchased the property to help me build this lot here,
I believe that I was getting all the right permits and information going by what they were telling me.
And when you received the notice violation, what did you do?
I notified the draftsman again, who then applied for certain permits, which I was showing that as well, and which is the reason why I'm here today as well.
And is the use of the property as a professional office on the first floor in two apartments of Oakland system with the prior use?
I believe it is, sir.
And are there other multifamily unit properties on the block?
Correct.
Correct. And what type of business operates at the site?
We have at the moment basically a multi-service for the community where they can pay bills, prepare taxes, returns, et cetera.
And then also we are connected with a construction company where they also help out the community if they need anything redone for their property to make it look better in the community.
And are the services provided by the business available anywhere else in this community?
No, they're not.
And how many employees will the business have?
Yes, two.
And will operate at night?
No, sir.
Is the property a cleaner property?
Correct, it is.
Does the use of the property as proposed, to your opinion, have any negative impact on the community?
No, it just helps the community by providing needed services.
And also with moderate price housing going against the market that it is at the moment as well.
And what do you charge per rent a month?
Just 800 bucks.
And could this property be converted back into a single family residence as required under RSA 5?
It will be extremely difficult to the point where it will create hardship not only for myself, but also the people that are also residents.
And did you hear my statements at the beginning of the hearing?
Correct, I did.
And are they true and correct?
And do you adopt them as your testimony as well?
I do, sir.
I have no further questions, Mr. Chairman.
I have no further witnesses.
Before I give it to the board, Mr. Matione, the issues that came, the interior, trash storage, household living, maximum two units, hours of operation.
household living, maximum two units, hours of operation. Are you comfortable with all that?
Yes, we are.
Okay. Thank you. Questions from the board?
No, Chair.
No, Mr. Chair.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
Chair, we have Charles Richardson. Charles Richardson has been unmuted and allowed to speak.
Good afternoon, Mr. Richardson. Just for the record, could you state your name, please, and spell for the court stenography?
Yes, sir. Good afternoon. Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass from 508 City Hall.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
We're going to allow you to make the decision on this one because of the fact that we don't believe in rewarding bad behavior.
Mr. Vargas bought the property back in 2017, and we've had multiple complaints over the time, and we actually had let Mr. Vargas know that he did not have permits over these past six years.
And he's continued to do more and more and more with the property, and now he's asking permission, asking forgiveness after he's already done what he wanted to do.
So we're going to let the board, as some of the RCOs have mixed opinions on this, we're going to let the board make the decision on this and let you be the ones that make that call.
Thank you, sir. We appreciate it. Is there anyone else in the virtual audience?
Chair, we have a caller with the phone number ending at 3552. Caller, please unmute yourself and wait for the chair.
And could you state your name, please, and spell it for the court stenographer?
Yes, Adrian Fernandez.
My last name is spelled F-E-R-N-A-N-D-E-Z, Swamp Legal Neighborhood Process Association, RCO.
Do you swear or affirm and tell the truth, the whole truth, and nothing but the truth?
Please proceed.
Thank you for receiving my corrected written testimony.
The correction was based on the fact that there was a letter of support from Carmela Vasso, and she seemed to indicate that she was at the meeting, so the information that was there we thought was reflecting what happened at the meeting.
We learned later from Charles Karn that she was not at the meeting and that some of the information was incorrect.
So we adjusted our letter of support, the provisos, adding the four proviso, asking if the variance is granted, asking for professional office only for the hours stated daily between 8 and 5 p.m.
And we also are still asking for the other three provisos that are listed in the written testimony.
Thank you for calling. We appreciate it.
Is there anyone else in the room?
Thank you.
Here we have Carmela Johnson.
They've been unmuted and allowed to speak.
Hi, could you state your name, please, and spell for the court stenographer?
Yes, my name is Carmela Vassor Johnson, that's spelled C-A-R-M-E-L-L-A, last name V as in Victor, A-S-S-O-R hyphen J-O-H-N-S-O-N.
We're referring to tell the truth, the whole truth, nothing but the truth.
Yes, I do.
Please proceed.
Okay, I just wanted to say a couple things. First of all, I understand that the permitting and zoning process did not go smoothly, or as they should have in the beginning of Mr. Vargas' process, but I ask that we not throw the baby out with the bathwater.
They are doing what they can to remedy that situation now.
The community have benefited from them putting this building back into service and actually
helps take away a lot of blight from that corner, which had been very distressed for
many years.
The professional office is also very welcomed in the neighborhood as we're looking to rebuild
our community and not just with corner stores which is basically what we have in the neighborhood
we need other professional services and opportunities available to the neighbors
also the immediate neighbors on the block have supported this
the multi-family and business service of this building and so we want to stand
next to them in supporting this project thank you thank you so much for calling in we appreciate
Thank you. Thank you so much for calling in. We appreciate it. Is there anyone else in the virtual audience?
Is there anyone else in the virtual audience?
Mr. Chairman, Ms. Johnson is from the Upper North Neighbors Association. She had written the letter of support. I just wanted to make that clear.
Thank you. I appreciate that. Anyone else?
I see no hands at this time, Chair.
Planning Commission.
Good afternoon, Chair and members of the Board. This is Greg Walton from Planning Commission staff.
My name is spelled Gregory, G-R-E-G-O-R-Y, last name Waldman, W-A-L-D-M-A-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, Chair.
Please proceed.
The comprehensive plan recommends a zoning map change to residential multifamily at this location.
The applicant's claim hardship for business and professional use is self-created as a
seek to legalize work that was done without permits. Proposed two dwelling units would be
permitted under the proposed residential multifamily zoning. In itself, the proposed
dimensional variance for occupied area is minimal, does not conflict with the purpose and spirit of
zoning code, but is related to the variance for rear yard depth, just not the minimus. However,
these conditions existed prior to the construction done by the applicant. The City Planning Commission
recommends that the Zoning Board grant the variances for two dwelling units and conventional
variances, but deny the variance for business and professional use. MI 2023-003-777-362,
North 21st Street. I vote yes with provisos. Interior storage of trash and recycling,
no household living in basement, maximum two dwelling units,
hours of operation for business and professional office, 8A to 5P.
Thomas Holloman, my vote is yes with provisos.
James Snell, my vote is yes with provisos.
Ishmael Shaheed, my vote is yes with provisos.
Thank you, counsel.
Thank you.
Number three, MI 2023-003-764-3800 Palton Avenue, Alfred Fiscaldo is the attorney. Letter of support from HOPE PHL.
Alfred Fiscaldo has been promoted to panelists, Chair.
Thank you.
Good afternoon, Mr. Chair.
Counsel, could you state your name, please, and spell for the court stenographer?
Alfred Fiscaldo, F as in Frank, U, S as in Sam, C, A, L, D as in David, O.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
I represent the Presbyterian Medical Center for the University of Pennsylvania Health System.
They are the owner of the property at 3,800 Paliton Avenue.
Thank you.
Our vice chair has just a few questions, sir.
Good afternoon, counsel.
do you agree to waive the reading of the refusal and stipulate to his accuracy i do have you
emailed in all the required documents and exhibits that are needed and required to proceed with this
case five days in advance of this hearing i have thank you let's proceed and share the screen thank
you can the board see my screen yes yes we can sir thank you um so i i provided the following
exhibits to the uh to the board last week uh the notice of refusal dated june 21st 2023
3, the application for appeal at tab 2. There was an amended refusal from the board related
to the number of signs we were seeking relief for today. There was an error in the original
application that was remedied. The project information form at tab 4, pictures of the
posting on the property at tab 5, renderings of the signs, which I'll provide to the board
in a moment. The letter of support from People's Emergency Center of Community Development
corporation which is now hope phl they were the uh the governing uh rco we've met with the rcos
twice the tax certificate clearance and the uh witness list and the and the deed
here's a copy of the original refusal uh which notes that uh we need relief dimensional relief
to have four signs above the second floor uh sill this property is the pen presbyterian medical
Center. It's located at 3800 Palatin Avenue, founded by North 38th Street to the east,
founded by North 38th Street to the east, Filbert Street to the south, Sloan Street to the west,
Filbert Street to the south, Sloan Street.
Paliton Avenue to the north. It's owned CMX4. It's about 550,000 square feet in size and has
the medical center and related parking. Penn has constructed and almost completed a 10-story
parking garage on the property. This application was submitted to allow for signage above the
second floor sill to identify and enable pedestrians and vehicles to find or easily locate and
travel to and from the hospital parking garage. The original refusal was for four signs. There's
actually five signs above the second floor will window sill. That amended refusal was issued
on the 30th of October and provided to the RCOs
and to the councilperson's office.
When we spoke to the RCOs, we advised them of the error
and the original submission, and they approved
or supported the request for the variance for the five signs,
and the support letter is attached to Tab 7.
There are no provisos or conditions in that letter of support.
here's a rendering of the parking garage which you'll notice which is here bounded by palton
to the north sloan to the west filbert to the uh the south north 38th street is to the right of
the screen uh primary entrance to the parking garage ingress and egress from filbert street
there's an exit on st sloan and an entrance uh from palton avenue
the signs we're speaking of are located to this location facing paleton avenue
there's an identification sign just above the second floor sill identifying the medical center
and then a pen medicine sign uh higher up on that side identical signage on the filbert street side
identifying the parking garage entrance and exit and the uh and the medical center then the fifth
sign is located on the stair tower on the east southeast side of the building uh which is the
pen the pen logo uh here you'll see the the signage on the um on the palatin street side
the pen medicine sign at the top of the building with the logo uh that sign it's about five feet
by 28 feet it's internally illuminated uh the second sign is down at the corner of the building
in the lower right-hand side of the screen. Penn Presbyterian Medical Center identifying
the building that's about two feet by 35 and a half feet internally illuminated.
Mirroring signage on the Filbert Street side, the Penn Medicine sign and the logo at the top left
corner of the building. And then in the center at the bottom, Penn Presbyterian Medical Center
parking garage to identify the main entrance and exit from the to and from
the garage this is a blow-up of the Penn Medicine sign and logo which is at the
Palatin and the Gilbert Street sides of the building at the top and this is a
blow-up of the the logo on the stair tower the fifth sign facing North 38th
with a typical Penn logo.
And this rendering shows
the Penn Presbyterian Medical Center sign,
which is on the Peloton Avenue side of the building.
And then the Penn Presbyterian Medical Center
parking garage sign,
which is located on the Silver Street side.
Again, these signs are necessary to enable pedestrians
and people coming to the hospital
to identify the sign and locate it easily and safely.
And with me today, I have, at tab seven,
this is the letter from the OPHL, the letter of support.
I have with me today Hong Nguyen.
He is the Assistant Vice President of Facilities
at Penn Presbyterian Medical Center.