are live.
looks like we got a full crowd chair thank you thank you tanya good morning everyone my name is
frank de chico i'm the chair of the zoning board of adjustment i'll be participating in today's
hearing along with vice chair miss carol tenere board secretary confessor plaza and board members
Mr. Thomas Holloman and Mr. James Snell. Board Administrator Tanya Sunkett and Board Attorney
Sharon Saleta are also in attendance. For those of you who haven't yet participated in one of our
virtual hearings, I will go through some of the basics of what you can expect. First, we'll begin
this morning's session by reading a list of cases to be continued. If you believe any announced
case is being continued in error, we will give you an opportunity to respond. After reading the
continuance list and receiving any feedback, we will then take any additional continuance or
withdrawal request. Then once we've confirmed which hearings are being continued, Vice Chair
Carroll Tenere will begin calling your remaining cases listed for this session. When a case is
called, we ask that attorneys representing applicants or other interested parties in the
matter identify themselves for the record. We will then hear the appellant's presentation,
followed by any presentation by attorneys representing other parties. Interested parties
and members of the public not represented by counsel will then be given an opportunity to
testify. We will finally hear the recommendation of the Planning Commission. At the hearing's
conclusion, we will either vote the matter immediately or hold it for discussion in
executive session. Any case held for discussion will be voted at the next scheduled Wednesday
morning session. Please note the following changes related to the virtual format.
First, we will be administering oaths to individual participants prior to their testimony.
Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses
identify themselves prior to speaking or testifying.
Third, we'd like to advise everyone that this proceeding is being recorded and that by
participating, you acknowledge your agreement to be recorded.
Fourth, for anyone participating by phone, if you wish to testify, you must raise your
hand by hitting star nine and then star six to unmute yourself. I'll repeat. For anyone
participating by phone, if you wish to testify, you must raise your hand by hitting star nine
and then star six to unmute yourself. Finally, to enter an appearance statement, call Google
267-270-5548 and leave your email address and the address of the property at issue.
I will repeat. To enter an appearance statement, call Google 267-270-5548 and leave your email
address and the address of the property at issue. With that being said, we can begin. But before
Vice Chair Tenderi calls the first case, we'd like to announce that the following matters are being
continued. Calendar number 39298, 1216 West Lycoming Street. Calendar number 38261, 148
Hansberry, H-A-N-B-E-R-R-Y Street. Calendar number 38612, 2346 North 8th Street. Calendar
number 38620, 2618 North 17th Street. Calendar number 39545, 1327 North 4th Street. Calendar
calendar number 38265, 4154 North 7th Street, calendar number 39470, 4829 Longshore, calendar
Calendar number 394426729, Martin Mills Road.
number 3944267
Calendar number 399941046, Sydney Street.
And calendar number 3988730, Pelham Road, P-H-E-L-H-A-M.
uh is anyone if there's anyone out there who believes a case was called uh to be continued
in error please raise your hand at this time and also if you're requesting a continuance or withdrawal
please raise your hand at this time also
mr chair do we have that withdrawal on paris street oh sorry i forgot to read that thank you
Calendar number 38634, 2825 Parrish Street is being withdrawn.
Thank you.
Chair, we have Sarah Alderfer.
Sarah, you can unmute yourself and speak to a continuance.
Ma'am, please identify yourself, spell your name for the record,
give us your address, and then I'll swear you in.
Sarah Alderfer, S-A-R-A-H-A-L-D-E-R-F-E-R, 1500 JFK Boulevard, Suite 800, Philadelphia.
We're in a firm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
I'm requesting a continuance on 1437 Parrish Street.
I had written to the board in advance of today's hearing to request a continuance so that we
could meet with the coordinating RCO? 1437 Parrish Street. Is that on the 930 list?
store yes i believe so am i missing something uh sharon or tanya
i don't see it on our schedule not online i'm not finding it on the hearing list either
maybe it was continued in advance? I'm sorry, I missed it. Maybe what? I have it for 3.30.
Can I get it? What time do you have it for, Sarah? I had it for 9.30. Yeah, it's on the 3.30
list to be continued. Okay. So we'll handle it. We'll take care of it at 3.30. Okay, thank you.
Thank you. Anyone else? Anyone believe the case is continued in error, or do you wish to ask for a continuance or withdrawal? Please raise your hand.
No hands up, Chair.
Thank you very much. Carol, please proceed.
MI-2020-000843-340 Federal Street.
The attorney is Alan Nockamson.
Mr. Nockamson, you have been promoted to a panelist.
You can share your screen and testify as you wish.
Good morning.
Good morning.
Good morning.
Mr. Nockamson, can you put your name and address on the record, please?
My name is Alan Nockamson of Nockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia,
PA, 19109.
Do you swear or affirm to tell the truth and nothing but the truth?
Yes, I do.
And do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Okay, you may proceed.
So I handed you a packet of eight exhibits.
The first exhibit is the deed to the property, showing that 340 Federal Street, LLC, is the owner of the property.
The second exhibit is the tax clearance certificate, showing that they're in good standing with the city of Philadelphia.
The third exhibit is the notice of refusal.
This is an RSA-5 property, and we're proposing to put a three-family dwelling in here.
This, as you can see from the zoning permit of 1957, this property has been a multifamily structure for some time.
And actually in 1957, as you can see here, it was a three-unit, and for whatever reason, they downzoned it or downzoned it.
It was a three-unit, and for whatever reason, they down-zoned it or down-graded it to a two-family.
With that being said, my client, when he purchased the property, thought it was a three-unit.
It was advertised as such.
He only discovered that it was not a three-unit when he obtained or tried to obtain a housing inspection license for this property.
So as you can see the marketing materials, it was advertised as a three-unit.
here's our application for appeal to the zoning board of adjustment along with the project
information form and here is you know our you know where we are situated in the neighborhood
we're just off of the corner of fourth and federal streets you'll see where we are you'll
also see here there's a side alley that's how people access you know the you know from the
front of the property to the rear of the property and that's how people you know where they store
their trash in the rear and then they access the alley to to put the trash out every single week
you'll see that this is three mailboxes here like again my client hasn't changed anything
about the structure of this property so these three mailboxes existed when he purchased it
and then if you look at actually google maps that we pulled off of the web the web you know
in July 2007, there were also three mailboxes. There are three hot water heaters. There are
four meters, one for each unit and one for the common areas. None of this has been changed.
Here's properties to right of us. Here are properties to left of us. And here are just
the basic floor plans. Again, no basement living, no roof deck. We met with the Penn Sports Civic
Association, and they are in support of this project. We also received a letter from
councilman swiller who's also in non-opposition this project there's proof of our meeting with
the court coordinating rco as well as the community uh and then behind that we also have a letter of
support from the next door neighbor who would be most affected and that concludes my presentation
now i do have adrian say who is the principal of the llc that owns the property so i would
just ask that he be allowed to speak just to confirm my testimony
Sir, would you please identify yourself, spell your name for the record.
Sir, it appears that you have two devices.
You have to mute one.
Hi, Adrian.
all right i think this is a rather straightforward zoning matter i mean we have we have yeah we have
community support we have the support of the council person most importantly we have the
support of the next door neighbor on the property that's always had multifamily use and even though
this is an RSA 5 property.
Legally right now, it's a two unit.
It was advertised to us as a three unit
and has a history of being a three unit
as well. So I can include my presentation.
Thank you. Questions
from the board? No.
Anyone wish, anyone out there
wishes to testify in this case, please raise
your hand.
no hands up at this time thank you planning commission and please identify yourself
uh spell your name and i'll swear you in hello um gregory waltman that's g-r-e-g-o-r-y
I, last name Waldman, W-A-L-D, as in David, M-A-N, as in man.
We're in the firm to tell the truth, the whole truth, and nothing but the truth.
We're in the firm.
Yeah, thank you.
Please proceed.
Good morning, Chairman Chico and members of the board.
This property is indicated for residential use on the comprehensive plan.
The applicant seeks to legalize an existing three-unit residential property.
The proposed use is not likely to adversely impact the character of the block,
which has a number of multifamily uses.
which has a number of multifamily uses.
Accordingly, we would not oppose the...
Accordingly, we would not oppose the granting of this.
Thank you.
MI-2020-000843-340 Federal Street.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you.
thank you have a great day you too calendar number three eight five eight six six thirty
four kerper street number two the owner is jujina
guyadine and i do not have a refusal
for this but i do know that well we probably all know the lawn hearse community association
opposes it. It's two use refusals, and this application appears to be for a multifamily
with three accessory parking spaces required, and none are provided.
You can read the refusal into the record if you'd like. It is, the application is for a
three-family dwelling in an existing structure. The use is refused for multifamily dwelling
prohibited in RSA 3 zoning district and three parking spaces required, none provided.
Thank you. Will the applicant please identify? Hello can you hear me? Yes please identify
by yourself, ma'am. Spell your name. My name is Yugen Andreo, J-U-G-E-N-A-N-D-R-I-O, previously
gone by Guyadeen, G-U-Y-A-D-E-E-N. Your address? 634 Kerper Street, Philadelphia, Pennsylvania,
1 9 1 1 1 where to tell the truth the whole truth and nothing but the truth
yes sir please proceed okay if you give me one minute please I'm going to
promote you to a panelist I couldn't find you for sure
Okay, you can now share your screen.
No, we do. We submitted our documentation.
with your description please you know give us a verbal description of what it is
okay and if you have any if you have any photos we do i i have submitted that to um the zba and
and sharon yeah but we're doing because we're doing it virtually if you're if you're able to
could you please share those any information you have share it with us please okay you can speak
Okay. My name is Mia Hyland, H-Y-L-A-N. I am a friend of Dr. Goyedin. I asked to assist her in the zoning and RCO process.
You swear and affirm to tell the truth, the whole truth, and nothing but the truth.
Thank you. Please proceed.
Excuse me, please. This is Sharon Saleta. The applicant has to present herself or be represented by an attorney who presents. Cannot have a third party presenting.
Of course. I apologize for that.
while um mia is bringing up the pictures i would like to go over the case i purchased a property
as a triplex was sold to me as a triplex and in the i have documented support on closing day
that it it was excuse me excuse me for interrupting we're getting some feedback someone has a radio
or something maybe two devices are on right it sounds like two devices one would have to be muted
is this a better yes okay i apologize for that thank you sure um so um i both i purchased this
property from andrew craig here we go again it's we're still getting feedback it may not be on your
end man it may be someone else um give me one second sir let me see no it's on her end yeah
everybody else is muted okay carol yeah just let's see where the problem
ma'am you're you're muted now you're okay you hear me now let's try that
Okay, I apologize. You think by now we would have Zoom perfected, right?
okay i apologize you think by now we would have zoom perfected right
Never perfected. No problem. Thank you. Okay.
So as I was saying, I purchased this property. It was my first investment property that I purchased back in 2018.
I purchased it from Andrew Kramer, and it was sold to me as a triplex.
On the day of closing, I have documents to support that was given to me as a triplex.
I received three on Jeff closing, three payments for the rent for that month and everything was