civus
Hearing video

ZBA Hearing - October 27, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 27, 20262h 51m

where cars kind of have a visual designated place understanding that obviously comes down to their

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agreement with the landlord and um they see open advanced auto parts has been open in the past to

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designating those is that something that your organization would be amenable to potentially

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just having like specific parking spaces for that work that's going to be done yeah so i i believe

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that's a discussion and they pinpoint just areas um that would be the designated but yeah that

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would be something that would definitely be part of the discussion prior to and i think the other

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question we have is just about cars that get left right because in a lot of these other

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and this is not about advanced auto parts so i'm not not criticizing them specifically but

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a lot of auto parts stores where you have these shade tree mechanics you often end up having cars

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that get left in the lot overnight or for long term and like there's nothing that's happening

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with them do you guys have a towing policy yeah we have a protocol we have signs um throughout

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the parking um perimeters and again our auditing is such that we catch these things and we do um

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support them mitigate them and have them toed so um we don't i don't anticipate that being an issue

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I have no further questions.

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So it really just sounds like there's big differences between the landlords that you deal with, because this landlord seems very engaged and very involved, which is why I guess the community supports this.

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And you didn't seem to have that same sort of level of involvement at the other sites.

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so yeah i can't speak to the other sites i can speak to this site i can speak to

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um we put a lot of thought into this application the shop right being next door is absolutely

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critical and there was a lot of coordination between the tenant and the shopping center owner

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and um it was reflected with the reaction of the community and that's a good council person's

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office i think as well on this one that's a good thing and um and i think we all learn too we all

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learn and we try to get better also.

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Questions from our

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attorney? No questions at this time.

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Questions from the

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virtual audience or our audience here?

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Alice, would you come up, please?

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No virtual hands

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at this time, Chair. Thank you.

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Alice, could you please state and spell

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your name for the stenographer? Good morning.

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Councilman Brian O'Neill's

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office. My name is Alice Udovich.

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U-D-O-V-I-C-H.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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I do. Please proceed.

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the councilman supports the granting of the special exception at this location all of our

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The councilman supports the granting of the special exception at this location.

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All of our concerns.

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concerns were addressed that evening and again today this is an appropriate location for such

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a use and i also would respectfully ask that if approval is granted that it not be a temporary

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approval thank you um any commission good morning liz fuselay l-i-z f-u-s-e-l-i-e-r

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with the philadelphia city planning office right do you swear or firm to tell the truth the whole

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truth nothing but the truth i do sir please proceed the comprehensive plan recommends a

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change in zoning of this location from ca1 auto-oriented commercial to ca2 auto-oriented

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commercial this proposed use will have no detrimental impacts other than what would be

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reasonably expected the city planning commission recommends the board grant the requested special

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exception for vehicle equipment and supply sales and rents with a proviso for no auto repair

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mi-2026-004-576 i just say we can't yeah the auto repair because we do this you know

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thank you all right thank you for the remembrance okay mi-2026-004-576-9910

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and Frankfurt Avenue, I vote yes.

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My vote is yes.

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Cheryl Gaston, my vote is yes.

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Senator Graham, my vote is yes.

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Hia Wood, my vote is yes.

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Hia Bibi, my vote is yes.

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As always, thank you for your time and consideration.

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Thank you.

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Okay, we're going to move now to MI2026002.

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I know, I know.

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I'm telling them first.

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Yeah, yeah, yeah.

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Wait, wait a minute.

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Wait.

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MI 2026-002-347-6200-06-North Fish Street.

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That case will be heard next.

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We're going to have the attorney on.

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We need a five-minute break.

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Our attorney has to make a phone call.

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Okay?

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2026 MI 2026 002 347 6200 206 North 5th Street.

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Vern Anastasio is the attorney.

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They're being promoted to panelists, Chair.

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Thank you.

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Good morning, Mr. Chair.

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Good morning, counsel.

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Just for the record, state your name because you've already been sworn.

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My name is Vern Anastasio, A-N-A-S-T-A-S-I-O.

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All right.

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Counsel, could you identify your client in the relationship to this property?

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Yes, it's 6200 North 5th Street, LLC.

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see right and um we're um we have numerous letters and uh and petitions of earned of opposition

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to this okay uh and i i would say the uh the room is full here too so uh our vice chair has a few

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questions for you sure good morning have you submitted your documents and exhibits 14 days

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in advance of this hearing i have and do you this is a special exception so do you waive the

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reading of your referral and stipulate to its accuracy? I do. Okay. All right. Thank you. You

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can share your screen and proceed with the case. Thank you. Mr. Chair and members of the board,

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I just want to respectfully remind everyone that this is a referral, which means it's not a variance.

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It's not a popularity contest. All we have to do is show that our use proposed, which is already

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assumed to be compatible with the code, will not impact the community any more than like

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a similar use would be expected to.

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The burden shifts to opponents to show very specific evidence that what we are proposing

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is somehow detrimentally impactful more than would be expected.

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um no number no number of petitions are going to be able to change that analysis so with that

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why don't you start

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this is for the demolition of a detached structure and the construction of one structure

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with two freestanding canopies uh for a vehicle fueling station retail sale of food beverages and

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groceries. The reason why we are here with the referral is very simply because of the fueling

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station, the gas station. The retail store is a buy right use, which will exist.

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The retail store is a buy-write use, which will exist regardless of what happens here today.

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So all we're asking for is the special exception so that we can also have the fueling station.

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This is the proposed rendering of the property in question.

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My clients operate several of these in the area, in Philadelphia, all with exemplary five-star reviews, no problems or issues.

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My binder is 273 pages. I'm moving it into evidence.

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it includes a memo brief as well this is the property in question

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look at all the cars by the way this is previous use

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this is our proposal is actually uh an improvement over what's been there

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and obviously it's already zone ca1 which is why this is not a variance but simply a special

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exception as i said the retail is a permitted use here's existing photos

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by right, and the vehicle fueling requires this special exception.

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We have in our packet as well, an October 23rd, 2026, Transportation Impact Study, TIS.

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It quantifies the additional traffic attributable to fueling, exactly six new roadway trips in the

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morning peak hour, 25 in the evening peak hour, and 6 in the Saturday peak hour. You'll be hearing

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testimony from the transportation specialist this morning. The evidence identifies the fueling

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increment and demonstrates that the streets system's ability to accommodate the full proposal.

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We also submit the streets preliminary approval. Streets department already approved this,

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and the engineered circulation and access plans that we will review satisfies its initial

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transportation and access burdens of evidence and persuasion. Nevertheless, we still commission

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a full TIS as a substantial expense to address community concerns during the zoning process.

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We didn't have to do that. The burden was on opponents to produce evidence that we would

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have a traffic issue. But instead, we, at our expense, hired the traffic engineer to show that

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this, look at the mess that's there in 2025, that what we're doing is far better than what's been

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going on for years over there. Here's a side-by-side comparison. On the left, this is what's been going

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on for years there no petitions then no great outcry then this is what we're proposing on the

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right the plans study will have equipment evidence and anticipated testimony address

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the applicable special exception criteria the written opposition identifies existing conditions

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on the left, and possible adverse consequences of what we planned, which is on the right.

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But their opposition supplies no objective basis establishing substantially likely harm,

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exceeding effects of the authorized use. And that's the burden that they have to meet.

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Again, on the left, what they have been dealing with there for many years, and on the right,

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We have consolidated access points, we've really put a whole lot of thought and care not only into the traffic flow, but also, as you can see, to the physical plant, to the built environment with trees and with lighting to make it a more attractive gateway to the community, far more than what's been going on for years right there on the left.

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what i'd like to do is call my client suck paul sandu to the stand sure

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sir you could raise his virtual hand

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They're being promoted to panelists.

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they're being promoted the panelists thank you

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Thank you.

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Hello.

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hello hi could you please state and spell your name for the stenographer

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yeah my name is the fall sandhu and spelling of my name is s-u-k-h-p-a-u-l and last name is sandhu

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s-a-n-d-h-u do you swear or affirm to tell the truth the whole truth nothing but the truth

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Yes, I do.

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Sir, could you please turn your video on?

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It's not.

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When I click it, it's time.

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Vern, why don't we continue that?

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Go ahead.

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Thank you.

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Mr. Sandhu, did you hear my presentation thus far?

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Yes, I did.

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And true and accurate to the best of your knowledge.

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Yes.

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You adopted it as your own testimony.

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Yes.

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And now I'd like to continue with a few other questions, okay?

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Sure.

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um the uh you are in the the business of fueling stations already you have previous you have other

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sites is that correct correct speak to them their safety their their impact uh and the success

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yeah so we um are like a franchisee for conoco so like we have to maintain certain like uh like we

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have to follow their terms and all so our are clean um all of them are like crime free nothing

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happens. There's no violent crime. There's no loitering. We went to the meeting. We even gave

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them the addresses of the other one, and they were welcome. I think some people did do some

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research on the other sites, so I think you could compare those and copy-paste it to here if you'd

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like. Okay, and you are committed to lighting up the entire site for safety and security, for

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having surveillance cameras on the entire site, and for the greening. Is that correct?

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Absolutely.

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Yeah, I think the plans, not this plan that we're on, but if you keep scrolling, there's a plan that has all the landscaping, and there you go.

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Right here, right?

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Yeah, and then there's lights.

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I can't really see these plans, but there is lighting, and then cameras, yeah, we'll definitely put in cameras.

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And all of this was in response to the initial feedback from the community, is that right?

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A lot of this was designed before that. And then we went to the community and we tried to like we enhance it. Yes. Very good.

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And although it's not your burden to hire a transportation expert to talk about a transportation plan, why did you think it was important for you to do that in good faith?

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It was a concern of the community. Like they said, there's like a busy intersection. There's certain like there's accidents happening and which is a good concern to have valid concern to have.

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So we went ahead and got the traffic expert. And like you said, it was like a less than 10 car difference during like peak hours.

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Very good. I have nothing further for this witness, Mr. Chair.

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Do you have another witness?

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Yes, I have two more. I'd like to call Mr. Kevin Savage.

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They're being promoted to panelists, Chair.

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Thank you.

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kevin good morning i'm i'm here now sorry to come in could you please state and spell your name for

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this stenographer yes i'm kevin savage k-e-v-i-n last name savage s-a-v-a-g-e you swear or firm to

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tell the truth, the whole truth, nothing but the truth? I do. Please proceed. Thank you. Mr.

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Savage, can you please, for the record, identify the firm with which you work and your professional

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position? Yes, I'm a principal at Dynamic Traffic, LLC. Okay. And using your CV, briefly describe

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your education, current licenses, traffic engineering experience, including any work

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involving convenience stores and fueling stations. Sure. I have a bachelor's of science degree in

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civil engineering from Rutgers University, a master's of science degree in civil engineering

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from the University of Texas at Austin. I'm a licensed professional engineer in Pennsylvania

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and six other states. I have 10 years of experience in traffic and transportation and

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I have 10 years of experience in traffic and transportation and have worked on, you know, dozens of sites involving convenience stores and fueling stations.

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um

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Okay. Have zoning or land use boards previously accepted you as a traffic engineering expert?

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Yes, and I've been accepted before this board previously as well.

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Okay. Can you please identify the corrected October 23, 2026 TIS in the binder and explain your role and any corrections and confirm whether you adopted findings and conclusions?

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Sure. I think it's about a half or two-thirds of the way down the binder. I was responsible for preparing, signing, and sealing the report.

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it. Very good. And I do adopt its findings and conclusions. What information and engineering

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methods did you use to evaluate the project? Sure. So as part of the study, we prepared the

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study utilizing standard PennDOT and streets department methodologies, just to kind of give

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a high-level overview as to how that works. First, we review existing conditions on site.

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