It's actually closed off now.
There's a doorway, if not like a double doorway,
to get you into that area where the proposed sports book is.
so it'll operate pretty much the same way is that correct i mean as it relates to to bathroom
facilities that's correct the bathroom facility is not far from there the bathroom is centrally
located for the whole restaurant right in this theory mr chairman uh i have uh but i just want
to i know we have two minutes left till we get to 1 15 there's a matter i want to bring up before
we adjourn so i just want to mention i need a minute okay now can i speak yeah yeah okay um i
appreciate that you know our uh all the witnesses will come back for next time but i would also like
to ask the board to require that parks bring an additional witness um to the next hearing or to
whenever we're up for our part of the hearing which is their director of their compulsive and
problem gambler program i can explain if you'd like chair i think it's our case to decide what
witnesses we want to present and whether we want to present that that person as a witness
is up to us and you know i i don't think that the zoning board really i don't know what yeah
what role that plays for us well i can call the i'll i'll ask for a subpoena when it comes to our
And for our witness, I think that, you know, we've heard a lot about how Parks helps the Red Cross.
And I think it I think there's another side that is critical to our case that that we need to have the wherewithal to to put on.
And I think. And you make that. Yeah, it's a decision, Paul, you make if you want to subpoena, that's up to you.
um actually excuse me this is sharon i believe that it's up to the board you would have to
submit a request for a subpoena and in that request you would have to state specifically how
that witness is expected to provide testimony that is relevant to the standards for grant
of a special exception in that case then i'm not willing i'm not i'm not willing to do that i'm not
going to be labored a record we all know about people who have problems with gambling this isn't
going to change the world as far as I'm concerned it might have to get rid of a lot of you get rid
of the newsstand outside because people played a lottery some people spend their whole check
paycheck on lottery tickets I'm right I let me just make sure I understand I still have the ability
to request in writing a subpoena from the board and the board will consider that or are you saying
that I'm not to do that.
You can submit it.
Okay, thank you.
Thank you, Mr. Chair.
And thank you for your time today.
Thank you.
All right.
Tanya, we're done, aren't we?
Michael, you have one more witness?
I have two more witnesses, Mr. Chairman.
So that we can stop here and cleanly resume where we will have the start of the hearing with those two witnesses.
And I would request, Chair, even though with a typical resumption hearing, we would state that posting is not required.
However, based on the testimony, I would request that when we continue this, posting be required for all furnishes and exterior of the building so we won't have to deal with this.
I agree 1,000%.
I have one request, Mr. Chairman, and that is that if we can work out logistics and have an RCO meeting, that it be a Zoom meeting.
My client has specifically requested a Zoom RCO meeting.
Mr. Chairman, this board has no authority to dictate the manner of the RCO meeting.
What we're asking you is to do it in the safest way possible.
Absolutely. 100%. Thank you, Mr. Chairman.
I don't want it to, by the way, I don't want this to be used as an excuse.
No, no.
Not to have an RCO meeting.
Well, we couldn't do it because, well, you do have alternatives.
And as you know, I don't think that we had a case yet, unless maybe the one that we talked about this morning, since this pandemic started and this board resumed hearings, when all these cases I'm aware of were all done virtually.
RCOs have all done them. I'm not aware of, and somebody can correct me, that if I'm wrong,
RCOs have all done them. I'm not aware of, and somebody can correct me if I'm wrong.
they've all been done virtually. And if they haven't, it's probably been less than the fingers
on one hand. That's the way it is. Unfortunately, it's the way we're living these days.
Everything's being done virtually. Yes, that's true, Chair. That's what we're getting. Everything
is being done virtually. We're doing it virtually. I'm home. I'm home.
we'll leave it we'll leave it to the parties to work out um so chair i can schedule this for
february the 10th at 2 p.m okay um everybody's on board this um mi 2020-001532 this hearing will
be resumed on, is that February the 20th, you said? The 10th, Chair, at 2 p.m. I'm sorry, February 10th
at 2 p.m. And we'll finish up with your testimony at that time with your next two witnesses, Mr.
Manione, and we'll also get any feedback related to the RCO's positions. Thank you, Mr. Chairman.
Yeah, we'll likely have a fair amount of cross-examination as well as some witnesses
We haven't thought about that yet, but I, you know, this is a big case, Mr. Chairman, and I know we all understand that. I just wanted to reiterate it.
So, excuse me, this is Sharon Saleta. Can I also ask Mr. Bonney that if you are going to challenge the refusal referral that you submit something in writing at least two weeks prior to the next hearing serving all parties as to the grounds for your challenge?
I agree. Thank you. And Chair, if I could speak to the fact that this would only be allowed one
hour testimony. If necessary, there will be another continuance. Unfortunately, we are super
overbooked. I know. I don't think the public understands what's going on here. We've got
cases that are scheduled out in March and April already. Okay. We'll do our best to get this done.
Okay. Thank you all. Thank you for allowing us to proceed today, Mr. Chairman.
Thank you all. Stay safe, everyone. Thank you, Mr. Chairman. Thank you.
All right. See the board back. We'll be back at two o'clock.
Thank you. Yes, Chair. Okay. See you then. Okay. See you then.
Go. I'm the chair of the zoning board of adjustment.
I'll be participating in today's hearing along with our Vice Chair Ms. Carol Tenere, Board
Secretary Confessor Plaza and Board Members Mr. Thomas Holloman and Mr. James Snell.
Board Administrator Ms. Tanya Sunkett and Board Attorney Ms. Sharon Saleta are also
in attendance.
For those of you who haven't yet participated in one of our virtual hearings, I'll go through
some of the basics of what you can expect.
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'll repeat that as well 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 Ms. Denary calls our first case, we'd like to ask if anyone is requesting a continuance
or withdrawal of an appeal listed for this afternoon's hearing to please raise your hand.
In the meantime, I will read off.
Frank, you muted yourself.
You didn't hear anything I said?
Yes, we heard the beginning statement, but not the continuances.
I made my papers down on my computer.
I'm sorry.
All right, so if you're requesting a continuance or withdrawal, please raise your hand.
All right.
So if you're requesting a continuance or withdrawal, please.
In the meantime, I'll read off those cases that we've already received a request to continue.
MI 2020-0020539 North 22nd Street.
MI 2020-001964, 2750 Aramingo Avenue, MI 2020-002118, 2105 Ellsworth Street,
and MI 2020-002116-217-2107 Ellsworth Street.
I apologize.
2107 Ellsworth Street.
So far, those are the requests we've had.
If anyone disagrees with that,
if any attorneys out there
and are not in agreement with the continuous,
please raise your hand.
And also-
Excuse me.
This is Sharon Saleta. We do, I believe we have one more. I'm not sure if you read this. MI 2020-001925, 2113 North 21st Street. It's number 15 on your list. It may have been added after I sent you the continuances.
Yeah, it wasn't on there. Okay, I'll do that now. MI 2020-001925-2113 North 21st Street is being continued. Again, I'll repeat, if the applicant and or attorney are present and you disagree with the case being continued, please raise your hand.
move um chair if i could um i have a couple things so case number two on your list
7806 lime kill pike was um put on the list for today however it was voted september 22nd
so you can scratch that okay that's mi2020-0008587806 lime kill pike has already been adjudicated
and then chair number six on the list i have 6047 west oxford i have that has been continued
requested by the attorney clementa okay uh mi 2020-002035 6047 west oxford street is continued
okay now fatina we can look to those who are have their hands up
all right first we have sean word excuse me sean ward he's been unmuted he's free to speak
Good afternoon, Mr. Ward. Please identify yourself for the record and I'll swear you in.
Good afternoon, Mr. Chairman. Sean Ward on behalf of the applicant,
S-H-A-W-N-W-A-R-D 331 East Street Road, Trivos, PA 19053.
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
I most certainly do. Thank you. Please proceed.
We submitted a request on calendar MI2020-001529, 2120-22 East Arizona Street.
We have not met with the RCO yet.
What's the address again?
2120 East Arizona.
That is on the 330 list.
it's yeah I didn't see it on it it's on the 3 30 list oh my apologies no worries no worries
okay thank you thank you anyone else yes chair next we have Charles Richardson he's been unmuted
and he's free to speak you good afternoon Mr. Richardson identify yourself with a record you're
still under oath from this morning good afternoon Mr. Chair Charles Richardson from the office of
Councilwoman Cindy Bass, room 312 City Hall. I was trying to ascertain whether we need to do
a continuance for 2017 Westmoreland Street. That's MI 2020-001865. From my understanding,
I spoke with the head of the RCO this morning, and she said that they're supposed to come back
for another meeting on December the 7th.
I want to confirm that with Mr. Nakhomsen
if he's available and see what, you know,
where it actually stands.
This is Sharon Saleta.
That is number 13 on your list
and Mr. Nakhomsen did submit exhibits.
Mr. Nakhomsen, are you available?
Mr. Nockamson, are you available?
I am, Mr. Chair.
I am, Mr. Chair.
Please identify yourself and I'll swear you in.
Good afternoon, Mr. Chair, members of the board.
Alan Nockamson of Nockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.
Where from to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Thank you.
You've heard the request from the Councilwoman's office.
Please comment.
So, Mr. Chair, we actually, this is already a continuance that we continued to meet with
the community before, you know, since the last time we were supposed to have a hearing.
We actually have met on two separate occasions with the community.
The first time we met, I guess no one within the affected area appeared to our presentation.
We made our presentation.
They asked us to provide signatures of nearby neighbors.
We did.
We provided, and as part of our presentation packet, over two pages of signatures for addresses within the vicinity of our property.
We were then asked to appear a second time in front of the community, which we did.
Only one person showed up who was even close to our property, and I believe they were over two blocks away from our property.
After that community meeting, I asked my client to provide more signatures.
I defer to the board if the board believes we should have a third community meeting, but we have over two pages of signatures.
We have continued this matter once before. We have had two community meetings. I don't
believe it has anything to do with the merits of the proposal that we are getting pushback,
but just that people are not showing up to our community meeting. And as Mr. Chair, you
would hopefully agree with this, that if this was a controversial project, we would have
a bunch of people showing up to the community meeting.
But again, I would defer to the chairman.
Yeah, I appreciate that.
Mr. Richardson, do you think it may have been a miscommunication
as it relates from the RCO to your office?
No, I spoke with her this morning.
She did say that they've had meetings, but that nothing had been concluded
and that they had another meeting set up for December the 7th,
which, you know, she gave me that date specific
because I wrote it down as she said it.
So that's the confusion here is, you know,
did you agree to, Mr. Nockmson,
did you agree to another meeting with them?
Or are you just trying to push it through at this point,
thinking that you've done your due diligence?
If you have, you know, have committed to another meeting with them,
I think you should go ahead with the...
I would completely agree. I've never had any communications with them about a meeting on December 7th.
If we did have a meeting on December 7th, we would have had to notice it at least 10 days before the meeting.
So I haven't had any communications of having a third meeting on December 7th.
If they want, again, I don't know what a third meeting would do. I really don't.
But I will defer to the board if they want us to have another meeting. But, you know, today is December 1st, so we haven't even prepared our notice. And with the mail service, I don't think any notices would reach the affected properties by December 7th.
But I never agreed to any new dates for another hearing.