civus
Hearing video

ZBA Hearing - October 21, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 21, 20266h 42m

The comprehensive plan recommends no change in zoning at this location from the current CMX 2.5 commercial mixed use.

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the proposed use promotes public health and the planning commission recommends that the board

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grant the requested variance for sole practitioner and group practitioner so mi2026 004015 7811

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frankfurt avenue i vote yes proviso temporary variance that expires 10 22 30. michael johnson

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my vote is yes. Wait, wait. I would also add about the use. The last one had the use.

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But is that what we're applying for? Approven? Well. Limited to ultrasound testing. Like

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that in the proviso, just in case. Okay. Limited ultra use only. Is that what's not? Ultrasound

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only. Ultrasound only. Michael Johns, my vote is yes with proviso. Cheryl Gaston, my vote

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is yes, with Proviso.

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Seneta Graham, my vote is yes, with Proviso.

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Ryan McAdams, my vote is yes, with Proviso.

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Taya Wade, my vote is yes, Seneta.

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Yes, with Proviso.

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Layla Beebe, my vote is yes, with Proviso.

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Thank you, sir.

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Thank you for all four of your cases.

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Thank you.

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So, number 10, MI 2026, 003-774-5255 Umbria Street.

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William O'Brien is the attorney.

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good afternoon mr chairman members of the board how are you sir could you please state and spell

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your name for the stenographer? William O'Brien, W-I-L-L-I-A-M-O-B-R-I-E-N.

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

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I do. Mr. O'Brien, could you identify your client and relationship to the property?

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My client is Anthony Fulginetti, who's sitting to my left. Anthony is the owner of 5255 Umbria

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street right and we have a letter of support uh from durney park civic association uh our

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vice chair has a few questions good afternoon have you submitted your documents and exhibits

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14 days in advance of this hearing yes i did and do you weigh the reading of your refusals

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and stipulate to their accuracy i do all right thank you can share your screen and proceed thank you

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so this uh the subject matter is a parcel at 52 55 umbria street it is on the east side of umbria

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street uh one large parcel north of domino lane uh the parcel is zoned rsd3 and the proposal is

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to put a warehouse for Mr. Fulginetti, who is a Philadelphia licensed contractor for the last 40

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years, for his use, to store his equipment. He'll come in the morning, get ready for the day, go to

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a job site, come back at the end of the day. It's not going to generate really any traffic.

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The refusals are one for use, and then the remaining three zoning refusals

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fall from the fact that it's not residential and it doesn't have the residential dimensions that

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would be required. The civic group supports it with a proviso. That proviso reads as follows.

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Restriction of use. The variance shall be restricted exclusively to storage,

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equipment, and material storage yard and building. The property may not be used for

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wholesale distribution. The application was submitted by the project architect and he

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The application was submitted by the project architect, and he cut and pasted a portion of the zoning code, which he knew covered his client's intention.

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cut and pasted it.

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Unfortunately, it included things that his client has no interest in doing, that being wholesale distribution.

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So Mr. Folgenetti fully agrees that the use shall not include wholesale distribution.

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This is a map of the area zoning map.

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So this is Domino Lane, and this is Umbria Street.

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It is all zoned either, this is I1, and across the street, the darker blue is all ICMX.

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This area is the Northwest Transfer Station.

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Let me enlarge that.

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That was just built, am I correct?

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I'm sorry, yes.

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Is that the new one they just built?

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Yes, this was just finished a couple years ago.

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They started using it earlier this year.

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So in fact, you see, this is the job site.

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This is where the new facility is now sits.

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So Mr. Fulginetti's parcel is right here.

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This is the dividing line between the I-2 zoning for the transfer station

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And this is the first lot in the RSD3 district.

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And across the street, as you can see, is all ICMX, and it's all used for various industrial purposes, a lot of auto repair.

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This is a parcel.

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It is a vacant parcel.

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The part, the lot itself, it's about 6,500 square feet, 52 feet wide, 125 feet deep.

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Because of the topography and the rock, the building is relatively small.

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It's only, it's a little more than 2,600 square feet, the proposed structure.

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And it'll sit here.

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It's another image of the parcel.

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this is a rendering of the of the structure again it's going to be i think 35 feet wide

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75 feet deep um it's a relatively modest structure uh it only consumes about a third of the of the

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parcel. There's a five foot, the zoning plan provides for five feet on the north or left

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side of the building. And Mr. Folgenitti intends to plant Arborvitae along there,

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making this more or less a transition piece between the transfer station and the rest of

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the residential district that is north of this proposed building, so that hopefully

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a house, homes may become more appropriate in this location.

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But right now, due to the surrounding uses, the heavy machinery, truck traffic, vibrations,

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floodlights, the noise pollution, poor air quality, light, and trespass, there really

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isn't any demand at this location for residential use. It doesn't have access to, is unlikely to

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have access for residential financing. There are pedestrian hazards in this environment. It's a

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devoid of amenities like parks, schools, grocery stores. So strict application of zoning code

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really does create a hardship here. And this use is actually very compatible with the existing

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uses next to it and immediately across the street. The rest of the material is a zoning

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plan that was submitted, again showing the 6,500 square foot lot and the relatively small 2,625

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square foot proposed structure with one curb cut serving the building. The rest of the information

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I would request be adopted and introduced to the record.

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It's the zoning poster, the application for appeal,

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the deed, zoning notice, and mailing certification

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and tax clearance.

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I'd be happy to answer any questions.

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You want to bring your client on?

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Mr. Fulginetti, you've been sitting next to me.

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Did you hear my testimony?

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Why don't we do this?

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Why don't we get him to say his name and state your name and spell for the stenographer?

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My name is Anthony Fulginetti, Jr.

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A-N-T-H-O-N-Y-F-U-L-G-I-N-I-T-T-I.

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Do you swear we're referring to tell the truth, the whole truth, nothing but the truth?

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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, sir.

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Yes, sir.

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Counsel?

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Counsel?

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Mr. Fulginetti, you've heard my testimony.

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You're sitting here.

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You've heard my testimony?

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Yes, sir.

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Is it correct and complete?

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Yes.

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And you adopt it as your own?

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Yes, sir.

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Okay.

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Questions from the board?

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Questions from our attorney?

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I guess.

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Okay.

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So is that a retaining wall behind them?

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No, that's stone.

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That's rock.

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That's rock.

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That's Roxborough.

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That's right.

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That's where the name came from.

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Okay.

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All right.

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Okay.

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You dig anywhere up there, you hit a rock.

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Is there going to be any storage or use of the yard at the rear of the building?

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Incidental.

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I mean, it's included in the scope of the application.

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In the spring, Mr. Poljani does some landscaping work, so there could be some mulch stored there.

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but it's not a big

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part of the process, no.

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Is there an access point

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from the building? Is there a rear door

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that opens up into that area

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or are they going to have to walk down

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the length of the side yard?

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Here's the

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rendering.

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There'll be a side door,

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a side pedestrian door and a front

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pedestrian door, but there's nothing proposed in the rear.

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Is this to scale?

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Well,

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Well, again, it's on Umbria Street, and this looks like it's in Umbria, Italy.

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It looks AI.

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It does look AI-ish.

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Yeah, that's the dimensions of the structure.

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So if you look at this structure, its height, its width, and its depth are proportionally

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that's depicted.

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And then just because I know it's not noted on your site plan, how much of the rear yard

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is accessible before the slope um i think i can figure that out uh the structure is 75 feet deep

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and the lot is 125 feet deep i'm gonna guesstimate correct me if i'm wrong mr fulgen there's about

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25 feet from the end of the structure to where the rock out outcropping it begins and then is

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Is there going to be any parking in front of the structure?

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Because I do see there's a garage door.

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No, the garage door will be accessed to it.

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I don't believe it is set back far enough for parking in front, so no.

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I see.

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But is there an existing curb cut?

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No.

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No.

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So the garage door is more so for just getting large items.

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In and out.

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In and out.

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Or is the plan that we're going to have trucks loading from the front of the property in the ground?

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Mr. Fulginetti has a bobcat. I think he has a small backhoe.

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That equipment would be stored in there.

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If he rents equipment for a job for a week or a month,

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he would store it in the building while he's using it.

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But it's not going to be – Mr. Fulginetti has one employee.

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So this is not going to be crews coming in and out.

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Mr. Fulginetti and his employee will come and set up in the morning and go to a job site.

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I was just worried about crews.

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I was just more, even if it's one guy in one truck, I was just worried about how are they

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going to have access if there's no curb cut?

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Oh, no, there will be a curb cut.

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Okay.

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Yeah, there will be a curb cut.

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Yeah, you just said there isn't one.

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That's why I asked.

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I'm sorry.

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Not there.

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That's not there.

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There's a curb cut.

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Has that plan already been reviewed by the streets department?

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It has not.

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This is a new curb cut, not an existing curb cut.

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Right.

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Okay.

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Questions from our attorney.

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I just wanted to make clear, Attorney O'Brien, that the request that you've made is correct.

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It's equipment, materials, storage, yards, and buildings.

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What you said your architect put is kind of like an umbrella, and that falls under it.

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So it doesn't mean you're actually doing the wholesale distribution.

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So the use that you've requested is correct.

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So I need to have a proviso on it.

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Yes, Mr. Fulginetti supports the proviso that the Durley Park Civic Association requests.

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All right, questions from our virtual community?

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I do not see any hands, Mr. Chair.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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