civus
Hearing video

ZBA Hearing - October 9, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 9, 20247h 34m

vehicles parked on gantry road uh etc but i i stand here today and i submit to this board and

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my clients are right behind me that they were not their vehicles um you know all their vehicles are

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parked off-site or

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within the building.

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Sean, is that your presentation?

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Yes,

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it is.

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Your testimony adopted?

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Hang on one second.

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Miranda?

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Miranda, could you state your name and

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spell it for the court stenographer?

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Miranda,

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M-I-R-A-N-D-A

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P-S-K-H-A-D-A-D-Z

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I get it.

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Chair, excuse me.

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This is the court reporter.

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Could I ask the witness to get closer to the microphone?

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Thank you.

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Did you get her information, John, or do you want to do it again?

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John?

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uh mr chair uh her name is actually listed on the uh exhibit packet yep sure all right

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so you know for the record uh both her and her husband's names are on the

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uh the exhibit packet which was submitted uh miranda you heard my representations to the

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zoning board are they are they true and correct to the best of your knowledge information and

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belief yes and would you adopt them as your own testimony yes okay uh make sure we want to swear

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to husband uh sure why not okay state your name please and spell for the court stenographer uh

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Kakaberi Chubinidze, K-A-K-H-A-B-E-R-I.

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First name.

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The last name.

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C-A-T-U-B-I-N-I-D-Z-E.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Please proceed, Sean.

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Okay.

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You've heard my representations to the board today?

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Yes.

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Are they true and correct to the best of your knowledge, information, and belief?

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And would you adopt them as your own testimony?

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And the two of you have reviewed my 198 package, you know, page packet.

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Okay.

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All right.

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That's all I have today, Mr. Chair.

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So, Sean, just so you know, we're not going to vote on this today.

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Understood.

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Because the board members have not seen the video.

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I will open it up to questions now from from the board on just your presentation today because they haven't seen the past video.

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So questions from the board on relative to Sean's presentation today.

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All right. Can I ask a question when you you're referring to a video?

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Is that the video of the last hearing?

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The last hearing. Yes.

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OK. Yeah. I haven't seen that either.

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So, well, well, we'll let you get a copy.

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But I thought maybe, well, how did you know the guy had a problem presenting?

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They came to me after they received a denial.

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And then when I looked into it, I discovered that their original counsel was suspended.

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And then, you know, he assigned it to another attorney who was not, you know, it wasn't a zoning attorney.

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So the board is going to look at the past hearing.

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Right.

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So what I'm saying now is, I've talked to Hillary about this, the board can ask you questions now about your presentation today. So questions from the board.

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Yes. I'm still having a problem with understanding what it is you really want to do there. You're saying you want to do just auto sales and these are used.

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You're saying you want to do just auto sales, and these are used autos?

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Yeah.

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Yeah, Cheryl, if I may, if I may.

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Okay.

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They are looking to get, you know, currently right now, he has an auto salesperson's license that he operates out of another location.

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Okay.

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What he'd like to do is get a auto sales license for the location, and he wants to be able to sell his own vehicles online or at the auction and maybe have four cars out front that, you know, maybe somebody driving by might want to stop in and purchase.

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He's not looking for your typical auto sales lot like you would see on Tarsdale Avenue or Frankfurt Avenue in Mayfair or other places in the city.

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He just wants to be able to repair his own vehicles, prep them for sale, and sell them either online or at, you know, NADA, you know, the National Auto Dealers Association.

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You know, they operate out of, you know, Bordentown, Mannheim, you know, a couple other locations.

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um and you know to have the ability to have one or two three cars out front you know maybe

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maybe somebody in the northeast is driving by and says you know i want to buy a prius

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but this is okay so let me make sure i'm understanding again okay this is primarily

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going to be the online sales with a few that are going to be out front so people can see them maybe

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and driving

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because even if you're doing

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online sales you have to have a lot

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from what I understand

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you have to have

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some kind of place where people can come

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and actually see their cars

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that's my understanding

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so is that what we're doing here

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we're not really

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using this

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as you would a

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regular

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auto sales lot this is more for like an online sale kind of thing with people yeah i mean

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yeah it's it's clearly not the facility that you would you know picture as an

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an auto sales lot right so um and and we are not looking to create an auto sales lot there

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We just want a location that is licensed to be an auto sales facility.

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That way, he can get the auto sales dealership license to be able to sell from that location, whether it be online, at the auction, or, you know, maybe somebody driving by and seeing one of the four cars out front.

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All right.

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And you're talking about only having a few cars out front.

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You're not talking about the kind of lot

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Like we saw in one of the pictures

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No, no, no, that's a storage lot

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That's it

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But what you're saying is a block away

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You probably have 50 cars there

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Yeah, give or take

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About 50 cars in the back

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So then you're saying you're going to shuffle them

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Back and forth when you sell them

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Yeah, they would be

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Brought into the facility to be repaired

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I'm saying I go by, I see four cars

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I don't like the price, and he says

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Well, wait a minute, I got 50 cars down the street

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then he shuffles another one up is that what you're saying no no no no the the the cars

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the cars off site are inventory cars that are that's what i mean i i i see the four cars in

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the front i don't necessarily like all four of them then they'll say to me well i got 50 more

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down the street let me go get another one for you right now the you know mr chair the 50 cars off

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site are not ready for sale they got to be they got to be repaired and maintained okay uh they're

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not they're not inventory yet until they are repaired all right thank you and it's and it's

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that with the and you have bays so that you can do these kinds of repairs are the bays going to be

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used to repair refurbish these cars that we're seeing from a block away is that how you're going

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to do this yeah you have a storage inventory and then you go to someone say calls or i i you're

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going to do this online they they see a car they say or you advertise and then you're going to

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refurbish this so that you can sell this to them and you're going to do this refurbishing

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at this facility. Yeah, Cheryl, if I may, currently he buys cars.

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Yeah, Cheryl, if I may, currently he buys cars online or at auction, and he brings them to that off-site lot.

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Okay.

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And then he would bring a vehicle into the shop, you know, one or two at a time, and refurbish them, polish them up, make them nice and shiny and clean, and sell them.

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So right now he's selling them under a salesperson's license, which I just, I just printed, but, but, but he would like to do it under his own facility.

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okay so basically those cars that are sitting off site um they're not parked on the street

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uh that that was a big problem uh that you know that the complaint was going on about gantry road

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about and again we submit it was not us it could have been 70 um redline road you know i i don't

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know the owners there but they are also in the prius business okay and all their vehicles

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um you know towed in uh whatever parts uh were parked on gantry road um you know my client made

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uh painstaking efforts to not have their vehicles parked on gantry road which were the you know the

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lightning rod of uh the you know the complaints uh upon everybody you know in that industrial park

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and uh you know we we've tried to assure them that it's not us uh but but here we are right

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now they're they're not operating because they're under a you know a cease and desist

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um but what we're looking to do is you know you know what they what they wanted to do from day

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one is auto sales, repair their own vehicles, and then sell them online, sell them at the

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auction, and maybe have a couple out of front.

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Understood.

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Thank you.

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Any other questions for the board?

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Yeah, I have a quick question.

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So is there an intent to do rental?

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Okay.

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No, that just falls under the definition, sales and rental.

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But no, we're not a rental facility, obviously.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience on testimony from today?

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Yes, Chair. I have a hand up by the name of Alice Udovich.

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They have been allowed to speak.

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Alice, could you please state your name and spell for the court stenographer?

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Good afternoon, Chairman. Members of the board, Alice Udovich, on behalf of Councilman Brian O'Neill. My last name is-

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We're referring to all the truth. The whole truth is nothing but the truth.

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I do.

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Please proceed.

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Chairman, it was stated by Mr. Ward that the Councilman somehow does not oppose this. He continues to oppose it as he did in the first hearing.

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And in this instance, we actually got to see how this operation would work.

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So the opposition is even greater.

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We've had many complaints about this property.

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You can see that the neighboring property saw the need to put a fence because there have been so many cars parked there on the berm that fronts Red Lion.

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Behind the property, cars in state of disrepair.

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I've never seen the property look as clean as it does in those photos, but I did want to say that the councilman opposed it then and continues to oppose it.

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Thank you.

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Thank you for your time, Mr. Chair, just to respond.

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Can I, can I wait, Sean, wait, let me see if there's anybody else in the audience, right?

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So then you're going to do it at one time.

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Okay.

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Anyone else in the audience?

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Yes, Chair. Mark Rosenberg has been allowed to speak.

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And Mr. Rosenberg, could you please state your name and spell for the court stenographer?

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My name is Mark Rosenberg, M-A-R-K-R-S-E-N-B-E-R-G.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Are you a neighbor?

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I own the property at 9994 Gantry Road and 9990 Gantry Road.

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We've been in business there for the better part of 40 years.

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Please proceed, sir.

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Our objection to what's going on, okay, at number 90 is, basically speaking, even if you saw the pictures, okay, the storage of those parts that have been moved inside over the past several years.

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Okay, the storage of those parts that have been moved inside over the past several months were all stored outside, okay?

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The rear of that building was a junkyard, all right?

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Our objection to what's going on right now, all right, is the fact, okay, that the facility is not really suitable for the kind of work they're doing.

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There is work going on and out.

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The dock for cars to come in and out of the building has to go up a ramp because this building never had a drive-in dock.

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So our objection to what's going on here is that the facility just isn't proper for doing work on these kind of cars and storing the cars on their own property.

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So therefore, cars are unloaded on the street.

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And as of just several weeks ago, there was a car carrier unloading a car.

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I went out to the car carrier because they were parked in the street blocking traffic.

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I said, excuse me, where are you going?

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And that car carrier was, in fact, going to number 90.

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So our objection as a company owner there with 60 employees working there is that the whole park has become a problem, and this is contributing to the problem.

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Mr. Ward, do you have any questions?

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I have no questions but I have a response. Is there anyone else in the audience?

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No chair, I see no more hands at this time.

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Okay, Mr. Chair, members of the board, I received a copy of an email from Jack O'Hara at

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creator busselton civic uh indicating that you know the councilman was uh hosting a meeting

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regarding 90 redline road and jack o'hara in that email indicated that there was no indication that

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the councilman was opposing the application so i just want to correct that i i did not i did not

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