civus
Hearing video

ZBA Hearing - October 27, 2026

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

released into the atmosphere so when the tanker comes um i know we just think tankers hold liquid

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liquid inside but actually when they drop the liquid in whatever vapors are in the tank it'll

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suck that out wherever like pressure balance i'm not a physicist but it will push all the vapors

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back into the tanker and then that tanker will take it to whatever refining facility it's going

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to and they'll dump the vapors there and they'll do whatever with the vapors that they do okay

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all right thank you other questions yeah i have two quick questions my first question is um i know

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there's some um vehicle looking at the picture on the right i mean the left that um there's some

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some history with vehicles in this site do you know has this are the tanks in the ground currently

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now?

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Or has there been a history of any

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tanks in the ground?

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There was a gas station right now.

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I think it was a gas station many, many years ago.

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I don't know the date it closed, and I

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don't have, like...

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So you don't know if the tanks are still there?

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I don't want to lie. I can't lie.

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I have no idea.

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Okay.

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But if there were, though, they would be removed, yes?

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If they were, it would be removed.

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It would be, like, so whenever you close,

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same thing like the guy casey was on here like so he has like his license to remove it so you have

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to do all this paperwork you know you removed it then you test the soil and then if the soil

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is contaminated then they have to do this whole cleanup to remove all the contaminated soil and

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put clean soil back so that was okay so there may be possibility that that would have to happen if

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you guys go in and discover that there's tanks in the ground i don't like for the dep rules whoever

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removed it probably did all of that already like it's like they have to get the ground

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doesn't always have that doesn't always happen but if it did not mr sandu you would go through

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that process is that correct yeah totally yeah say like i don't know like say someone like fly

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by the night guy did it which i don't think that's what happened but it did remove the tanks

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right it is common i mean i have several gas stations that closed down years ago and we

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found in tanks in the ground in my neighborhood and my last question is what is the plan for

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what the way the pedestrian is going to maneuver on this site like everything is car oriented so

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where how is the pedestrian going like to the convenience store to get a cup of coffee

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without having to bump into cars or whatever should we bring uh kevin back on for that

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yeah kevin can take it and then to that if there is something if we test the soil and it's no good

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We'd be happy to clean it up.

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Of course.

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Vern, if I remember before Kevin testifies, the question I asked him was that the main issue is that the main danger is pedestrians on the highway and walking on the sidewalk.

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And I think he agreed with that. Am I correct?

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That's the major. You asked if that was one of the, you know, concern to make sure that there's an our plan.

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All right. So why don't we let him answer again?

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Yeah. And our plan increases pedestrian safety far more than what's there now.

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But yeah, I'll be happy to have them back home, Kevin.

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Yeah, I think the question from the board member related to pedestrian connection from the sidewalk to the convenience store.

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There's no specific, you know, crosswalk on site for that movement.

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They would need to most likely enter from the from the Fifth Street driveway area.

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But if if that's, you know, preferred to delineate a crosswalk area, you know, we can certainly do so.

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And one can be done with with with paint.

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oftentimes it's white paint and crosswalk in some gas stations is that correct correct yeah thank

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you which which is standard okay um questions for our attorney

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no questions at this time mr chair i just want to move in i want to move into evidence the 273

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page binder including letters of we have all your testimony overwhelming letters of support

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that we've also collected in petitions.

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I understand there you have some opposition's petitions and letters.

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If you look at those carefully, less than 2% are of impacted neighbors.

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So thank you.

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All right.

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So I have every hope of finishing this today.

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And so I'll let you know what we do is we usually give people two minutes to testify.

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two minutes to testify what we try to do in the beginning is give it a little bit more to build a

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What we try to do in the beginning is give it a little bit more.

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base for both sides and they can do it i do notice that the front rows seem to be the popular seats

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that people uh went to so i'm going to start in the first row i'm going to start on the left

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or who wants to testify no the front row first yeah yeah all right yeah i know

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thank you good morning good morning good morning could you please state and spell your name for

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the stenographer uh good morning chairman bergman um bergman i'm city council member dr anthony

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phillips uh rep is proudly representing as a public servant for philadelphia's nice where

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or affirm to tell the truth the whole truth nothing but the truth absolutely start sir

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Yes, thank you. Chairman Bergman, I want to just iterate something that's really important. Earlier, the attorney for the developer that is being represented today mentioned that there is a council member and there is a community that is very passionate about their neighborhood, obviously so.

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I want to iterate that this community of East Oak Lane and the surrounding community of Alony and Marbles Park Gardens is not only a passionate community, but they are also a civically engaged and aware and a very keen community.

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Passion often just subjects it to we're just fervor.

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We just like to yell.

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We like to be excited.

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No, we're a lot more than that.

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We study and we understand what's best for our neighborhood. So let me be very clear. This is

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not about just this idea that we do not want a gas station in our neighborhood for the sake of not

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having a gas station. This is about neighborhood preservation. The community is not opposed to

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development. They are opposed to development that disregards their safety and their quality

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life. Across two community meetings we've had regarding this issue in East Oak Lane, there were

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141 votes cast, recorded, and only one in support. I attended the community meeting, listened to

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residents, and heard the applicant's presentation. To the contrary of what the attorney said,

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the attorney opened up with introductions of their firm and the applicant, and then the attorney

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proceeded to say, if there's something that needs to be, if I don't say anything and provide you

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a presentation today, who here today would be in support of this development? No one raised their

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hand. Who here would be in opposition to development? Everyone in that room raised their

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hand in opposition. I proceeded to say, at this point, there's no need for us to have a conversation

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about this development because this community has already studied this and they understand what they

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want. So therefore, I'm in opposition because I do what our community wants, not what I want.

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Now, personally, I won't be long here, I don't want this development. But my job as a council

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member is not to do what I personally want. It's to do what our neighbors want. And our neighbors

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have cited for too long that you cannot introduce fuel pumps, underground storage tanks, and

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additional vehicle traffic into an already congested intersection and simply declare

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there will be no additional impact. That requires evidence, not assurances. The intersections

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already accommodate septibuses and nearby bus stations, school buses, and pedestrians. We also

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have to consider that in addition to St. Helena's, that's right across the street from this gas

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station where there's school children. There's a school a couple blocks down the road called

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Finletter. There's another school down the street called Lowell. We are greatly concerned at the

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impact of children congregating at this gas station, causing what we have seen across the

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city of Philadelphia, issues of congestion when it comes to children after the school bell ends.

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The intersection already accommodates septibuses. As I noted, the traffic analysis raises additional

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questions, particularly regarding the reported 60-second bus stopping periods. What happens

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when the bus stops longer, passengers with disabilities need additional time, or children

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are crossing while vehicles enter and exit the gas station? These are real safety concerns for

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our neighborhood, and they should not be dismissed. Residents have also raised serious questions about

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underground fuel tanks potential groundwater contamination neighborhood security and the

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concentration of existing gas stations the applicant has discussed cameras lightings and

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improvement to the property that's nice as we've seen those happen a lot of places

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That's nice. As we've seen, those happen a lot of places. Those measures may be helpful,

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those measures may be helpful

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but cameras do not prevent traffic accidents and landscaping does not eliminate environmental

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risks. In that community alone, there are five other additional gas stations in that community

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within the proximity. So while the attorney has described the property's previous condition as a

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mess, improving a property does not automatically make every proposal appropriate. Our residents

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should not have to choose between a neglected property and a development that introduces new

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concerns. Therefore, I respectfully urge this board, and I know this board has a level of keenness as

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well, not just passion, as this attorney has mentioned. I stand with this community and I

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ask this board to please reject and deny this proposal for good. And I hope that every community

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member who's here with us today from St. Helena's and throughout East Oak Lane can really attest to

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how this particular issue will have an incredible impact on their quality of life. Thank you. Vern,

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do you have any questions? None whatsoever. All right. Thank you, sir. Thank you so much. Next

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person. Why don't we stay with the, you want to go, go ahead. Come on. Sure. Come on.

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Yeah, sure.

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If you would, try to keep it to two.

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Good deal.

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So, please state and spell your name.

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Thank you.

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My name is Joe Duffy, J-O-S-E-P-H, and D-U-F-F-E-Y.

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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 do.

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And, sir, you're a neighbor.

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I am a neighbor.

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Please proceed.

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So, I'll first start by saying I'm a neighbor by my definition.

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I live 350, 320 feet from this property.

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Sure.

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The council just said that 2% of the people who signed the petition are affected.

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I would be part of the 98% in his definition of not affected

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because I'm outside the 250 feet range from the property.

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However, I walked to that CVS, and I've been a member of that church for 44 years.

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And to say that I'm an unaffected member is offensive to me.

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And to say that this is not about suppositions,

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and to allow him to put that supposition into this court order,

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is offensive to me so i'd like to say as a 44-year resident living 350 feet from the property

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i'm joined here by over 30 or 40 of my neighbors who strongly oppose i haven't spoken to one

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neighbor who's in favor of this project in addition we've submitted a petition of over 520 signatures

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of people who are affected by this community and in the definition of council are not affected by

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this count this hearing okay the traffic i do respect and i have 30 years of experience in

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petroleum business. I understand tanks are underground tanks. We don't have an opposition

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to underground tanks and safe tanks. We have an opposition to the traffic patterns being created

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by this proposal. And it's not a supposition, it's their evidence that they would introduce

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33 people per hour onto and off of that property. That's their evidence. That's not our opinion.

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The current property of a retail car dealer lot is an eyesore for the last 30 years on that property.

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but it had three to four hundred cars a year coming on and off that property

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because it was a car dealer lot you couldn't park on the lot the only cars going on or off

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that lot were cars that were sold so it's a completely different scenario to say that this

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would be a better thing in addition to the bus routes three 550 children that go to that school

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a couple thousand members of st helena's parish and the many customers at the cvs across the street

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all of whom we walked to CVS to get to the store.

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This presents a significant, overwhelming negative impact on our community.

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And I'd like to just save a few minutes' time for my fellow colleagues and neighbors.

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Thank you.

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Hold on.

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Vern, do you have any questions?

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None whatsoever.

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I'm going to withhold everything until I just do a brief closing, okay?

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Sure, okay.

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To make it easier.

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Next person.

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Who wants to come next in the front row?

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Thank you very much.

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All right.

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could you please state and spell your name for a stenographer yep hello my name is uh

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mitchell furantini bergman m-i-t-c-h-e-l-l-f-i-o-r-e-n-t-i-n-i-b-e-r-g-m-a-n

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wow that's right my cousin or something i mean i've lost cousin uh do you swear or affirm to

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tell the truth the whole truth nothing but the truth i do mr bergman could you um try to hold

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it to two minutes i will i'll try to take it as to the point as possible um there's a few things

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They talk about evidence and like what's been submitted in facts.

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One of the facts is the engineering letter that the applicant has submitted themselves.

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I just want to say that they are not just asking for a gas station.

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They're also asking for a list of waivers because they know that this lot is not appropriate.

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So this list of waivers declares that the lot it does not meet size requirements for proper delivery.

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so this list of waivers declares that the lot it does not meet size requirements for proper delivery

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or for buffer zones between residential areas as well as the parking landscapes and what to do so

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they know that this is a problem and they've actually submitted it themselves okay so i just

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want to submit that that the lot is too small for what they're trying to do also chicago and cities

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similar to philadelphia are banning things like this and lots that are directly abutting residential

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properties you can see there are four residential properties directly connected to this of which

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their own of which their own plans show that there will be less than 10 feet of space between a

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fueling gas station and a residential property right there is absolutely nothing in the vicinity

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that even comes close to doing that they all have setbacks of several hundred feet within the

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vicinity the only one that's different is this one okay okay the buses that come in and out i'm not

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sure the traffic study took into account that there is a septa depot that accounts for u-turns

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i have video as well as like a little slide here that i've submitted that shows the bus making a

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turn we heard from about the dk yep so you can see that the bus here specifically the bus is trying

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to make a turn and blocking both lanes of fifth street this happens all the time okay and it is

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exactly where they propose to have the entrance for that. All right. Here is an example of a gas

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station for a Conoco. Now, would you say that this is an addition to the neighborhood or a

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subtraction to the neighborhood? Now, so this clearly shows, this is right here, this is within

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