Thank you.
Good morning, everyone. My name is Bill Bergman, and I will be chairing this morning's ZBA hearings.
With me is our Vice Chair, Isabel Jahi, President, Mr. Chairman, our Board Member Salman, President, Mr. Chairman, and Emily Persico from Development Services will serve as our alternate Board Member.
Thanks, Mr. Chairman.
Also present is Hillary Emerson, our attorney, and also our executive director, Tanya Sunket.
Here's our virtual format.
Be advised the proceedings are being recorded.
A 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 and you wish to testify, press star nine to raise your hand and star six to unmute.
To enter an appearance statement, call 267-270-5548.
Leave your email and the address of the property in question.
And finally, the question answer box on the screen is not for comments or testimony.
All comments should be directed to our executive director, Tanya Sunkit.
Let's look at our schedule for this morning.
Number one, MI 2023-001-268-1343 East Light, Combing Street. That case is continued.
8. MI 2023-002-007-1619 West White, Moy-Mensing Avenue, Cases Continued, Attorney Moving Party.
Number 13, MI 2023-002-047-2231 Green Street. That case is continued.
Number 16, MI 2023-001-945-7128 Yoakam Street. That case is continued. And number 17, MI 2023-001-967-6614 North 13th Street. That case is continued.
are there any comments mr chair for sorry with um numbers number 17 66 14 north 13th street
do we have a translator here because we had asked for a translator for that case
is there a translator for 66 14 north 13th street
just wanted to let them know they could be dismissed because the case is now being continued
um good morning mr chair this is jason hand i will be the calls for today
I have a Donna
with her hand raised
I will allow them to speak at this time
Good morning
Are you the interpreter?
Please unmute
Thank you
Good morning.
Once again, good day, Donna Siaffer.
Please unmute and wait to be sworn in.
They may be having technical difficulties with the microphone.
So if you're listening, Donnie, if you're the interpreter, that case has been continued, and thank you very much.
Are there any other requests for continuances?
Yes, I have Steve Masters with their hand raised. I have allowed them to speak at this time, sir.
Good morning, Mr. Chair, members of the board.
Mr. Masters, could you state your name, please, and spell for the court stenographer?
Steve Masters, S-T-E-V-E-M-A-S-T-E-R-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
nothing but the truth i do what case sir um i have for this morning it is 2551-53 west silver
What case, sir?
street okay um you're requesting a continuance yes we have requested um authorization from the
zoning board to return this um appeal back to lni because there are errors in the application that
need to be modified. The description for the change of use was not correct. We were brought
into this case quite late. The applicant was pro se. She went all the way through filing an appeal
to the ZVA and then discovered she needed an attorney because it's an LLC. Okay. All right.
So MI-2022-006-213-2551 West Silver Street, that case is continued.
We're asking, Mr. Chair, for an attorney moving party.
Okay. MI-2022-006-213-2551 West Silver Street, cases continue, attorney moving party.
Thank you.
Thank you, sir. Thanks for calling in.
Is there any other requests for continuances?
Yes, Vern Anastasio with the hand raised. I have allowed them to speak at this time.
Good morning, Mr. Chair.
Good morning, sir. Could you state your name for the record, please, and spell for the court stenographer?
Sure. It's Vern Anastasio, V-E-R-N. Last name is A-N-A-S-T-A-S-I-O.
Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
What case, sir?
1402 Wharton Street, Mr. Chair. Ms. Drake, the owner, just recently hired my firm. I recently
learned that the RCO, when they met first with Ms. Drake, they did expect her to return. So
we're going to make sure we do that and also have proof of mailing when we do it.
Okay, thank you. So, MI 2023, 00901, 1402 Wharton Street, that case is continued. Thank you.
Thank you. Thank you. Are there any other requests for continuances?
Yes, I have a hand raised from a number ending in 3552. I will allow them to speak at this time.
Hi, could you state your name, please, and spell for the court sonographer?
Yes, Adrienne Fernandez, Spongebouw Neighborhood Parsons Association, RCO.
My last name is spelled F-E-R-N-A-N-D-E-Z.
Right. Do you swear or affirm to tell the whole truth and nothing but the truth?
What case?
it's listed as 2551 west silver street um
steve masters just spoke about it yeah yeah we continued that
okay um i want to put on the record um that the notice of refusal was completely incorrect
proceed go ahead okay i want to put on the record that the notice of refusal was completely
or materially incorrect, and we are putting on a record that the address needs to be corrected
to the required PWD record address, which is 2551-53 West Silver Street, especially because
there's violations on the property related to removing structural members between these two
buildings. There were other corrections. Excuse me, Ms. Fernandez. Ms. Fernandez,
this is hillary yeah no well no i just also want to note the zoning board does not determine
what address is on the refusal that is determined by l and i so if the if you believe there is an
error on the address for the refusal you need to speak to l and i we cannot change it
no i i understand that hillary thank you what i'm requesting um mr masters was limiting the material
errors when he spoke about correcting a refusal as if he's ignoring that the address is wrong
and we need to correct address on refusal so that we did a public meeting and for the public hearing
because I understand ZBA does not put the address on the application for appeal so we are our school
putting on the record that the address is material and then it's wrong and we need to correct address
there so that the public knows exactly which house is being spoken about, what address we're
having a public meeting about, and also the posting on the buildings was incorrect, had the
incorrect address because VBA was giving incorrect address. So, Adrienne, listen, the case is continued.
All your issues you can bring up when the case comes back. Thank you very much. Okay, I've written
it down. Thank you. And you need to direct your concerns about the address to L&I. They determine
what address goes on the refusal, and then that determines what goes on our posters.
I will do that. Thank you. Thank you. Is there anyone else?
I will do that. Thank you.
Thank you. Is there anyone else who has a request for a continuous?
Joseph Vaccaro with her hand raised. I have allowed him to speak at this time.
Okay. Hi, could you state your name, please, and spell for the court stenographer?
Hi, good morning. Joseph Vaccaro, V-A-C-C-A-R-O.
Right. Mr. Vaccaro, do you swear or affirm, tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
And I believe, is your case 1343 East Lycoming?
Yes, I was just asking if it could be an attorney-moving party continuance.
Okay. MI 2023-001-268-1343 East Lycoming Street, continued attorney-moving party.
Thank you very much.
Thank you, Mr. Tarot, for calling us.
Thank you. Have a good day.
Any other requests for continuance?
Yes, Dawn Tancredi with the hand raised. I've allowed them to speak at this time.
Good morning, Mr. Chair.
Good morning, Council. Could you state your name, please, for the record?
Sure. It's Dawn Tancredi, T-A-N-C-R-E-D-I. And, Mr. Chair, I'm just advising the board that...
Dawn, let me just swear you in for a moment, okay? Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Okay, proceed.
And this involves not a request for continuance, but a withdrawal of 2707-11 Federal Street, which is showing on the calendar.
That's number 14, Mr. Chair.
Yeah, I'm going to call that in a minute, and I do have that as a withdrawal.
Thank you very much.
I appreciate it.
Thank you.
Is there any other requests for continuances?
We're going to move to a few cases that we do not have.
No further hands, Mr. Chair.
Exhibits.
Number two.
MI 2023-001-304, 16 West Johnson Street.
Vernon Lucas is the listed owner.
Andy Barbaras was the listed applicant.
No exhibits.
This is the second listing.
It must be heard.
I do not see any answer, Mr. Chair, for that case.
So then MI 2023-001-304-16 West Johnson Street, I vote to dismiss.
This is the second listing.
Must be heard.
Thomas Pollman, I vote to dismiss.
Ishmael Shaheed, my vote is to dismiss.
Thank you.
Number five, MI-2022-005-440, 5008 Hazel Street.
Richard Lawrence is the owner applicant.
There are no exhibits.
This is the third listing.
It's Mr. Lawrence here.
I know, handsome, Mr. Chair.
Thank you.
So MI 2022-005-440-5008 Hazel Avenue.
This is the third listing.
We still have no exhibits.
I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
Ishmael Shahid, my vote is to dismiss.
Number 15.
oh I think I just handled this tonight 2551 West Silver Street didn't we handle this
um if you could read it into the record Mr. Chair officially that would be great thank you
MI 2022 006 213 2551 West Silver Street no exhibit second listing oh wait hold on Mr. Chair I thought
you meant 14 yeah this one this one's already been continued attorney so okay I'm sorry so 15
has already been continued?
Okay, and finally,
we have a few withdrawals.
Number nine,
MI 2023
001 995
740 North 40
Street, that case has been withdrawn.
And number 14,
MI 2023-002-088-2707-211 Federal Street, that case has been withdrawn.
That case has been withdrawn.
We're going to go to our add-on list.
We're going to go to our add-on list.
Number one, MI 2022, 001-058-332 Delanche Street.
The vote in this matter will be held at the start of the 2 p.m. list today.
The board will briefly reopen the record for comments from counsel for the parties prior to voting.
number two mi 2023 003 765 1625 north 18th street the vote in this matter is being rescheduled
to wednesday november 1st at 9 30 a.m
Number three, MI 2023-003-967-2431 North 26th Street, I vote appeal denied.
Thomas Holloman, my vote is appeal denied.
Ishmael Shaheed, my vote is appeal denied.
Number four, MI 2023, 001-804-1300 Federal Street, I vote yes.
Thomas Holloman, my vote is yes.
Ishmael Shaheed, my vote is yes.
And number five, calendar number 39273, 615 South Broad Street.
Mr. Terry, that's 1615 South Broad Street.
Say that again. I just heard 615. So I just want to make clear it's 1615 South Broad Street. So it's calendar number 39273 1615 South Broad Street.
I certify that I watched the video of the March 17 2021 hearing in this matter and reviewed the materials that were submitted to the board.
I vote yes with Proviso. Business and professional office use limited to a law office on the first floor and use of basement for storage, mechanicals, and utilities only.
Thomas Holloman, my vote is yes with Proviso.
So, Ishmael Shaheed, I certify that I've watched the extra recording of this video, and my vote is yes with Proviso.
Thank you.
We're going to go to our regular list.