civus
Hearing video

ZBA Hearing - October 12, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 12, 20213h 17m

I'm going to object. We just heard closing argument. Let's just move on with the case.

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This is a repeat of what happened last time and why my client is so reciferously objecting.

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So David Orvanides has a running objection to every ruling that's against him. We'll all stipulate that he's made that objection.

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And let's move on, because the reality is that asking the witness from memory, and it's irrelevant in any event, because the written record shows an application and a permit.

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If they don't match up as a matter of law, then he's made his case. If they do match up, which is obvious from the record and the evidence in the record, then he doesn't have a case.

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But remembering how many times she spoke to different people is irrelevant. Absolutely irrelevant and designed, I would say, to confuse and obfuscate. And then to say my client has been dishonest with the application. There's going to be issues with Mr. Paquetto on that. So I think that we should just close the record, have the argument, and move forward.

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Well, that objection for the purpose of the court reporter, that objection was raised by Mr. Primavera, and that objection is sustained.

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All right.

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I'm sorry.

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So wait, I don't even know what that objection was.

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It means your time has run out, and we're going to go through some redirect, and then we're going to move on so that we can meet the time established by the board.

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In good faith, we all have an obligation to meet the time established.

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is now acting as if he's the zoning board. I understand that. Mr. Orfinites, I think you need

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to stop and I think you need to follow the chair's rules. Mr. Orfinites, no one's trying

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to gag you or prevent you from asking questions, but even in my non-legal mind, I'm not an attorney,

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it seems like you've been asking the same questions repeatedly. No, I've actually moved

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through all a series of different questions the problem is is that i keep getting slightly

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different answers and that makes my job extremely difficult as i'm sure you can maybe it's no

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disrespect maybe you're not getting the answer you want i think that's what i mean it's not trying to

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get the answer i'm hearing on one side there's no exchange of of communications there's not an

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amendment there is an amendment where's the amendment there's it's i mean i'm sorry it's

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It's it's I am trying to find out what happened here again.

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And you can say and which I'm entitled to do through the questions and securing testimony.

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And I'm not asking the same questions. It's just that I keep getting different answers.

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Well, then you're asking the same questions. If you're getting different answers, it means you're asking the same questions.

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No, I'm getting this different answers in the same. I ask one question and I get different answers from the same question again.

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And I can't be more specific. I'm trying, you know, I'm being very precise in what I'm saying. I learned my lesson from the first one, not to afford open ended questions, but even in my pointed questions, was there an amendment filed? It was, yes, there was, but it's not, it's, there's not a separate application. And I said, then I follow up and say, there's not a separate application. Yes, there is a separate application. I mean, we can have the reporter read it back.

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doesn't matter it does matter it's extremely relevant part of the it's what

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if i may if i may interject on behalf of sam meyer steel we would like an opportunity

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mr could please identify yourself uh joseph cattuzzi on behalf of sam meyer steel uh we

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would briefly like an opportunity to examine this witness we've been afforded no opportunity to

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present our case and we'll be directing to the point uh chairman mr cattuzzi this is sharon

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Ms. Saleta, as we announced at the beginning of the hearing, you will be permitted to question the witness once Mr. Orfanides has finished.

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Okay, thank you, Ms. Saleta.

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Once his time has run out.

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understood thank you uh it's my understanding that the board's already ruled on that the time

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Understood. Thank you.

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It's my understanding that the board's already ruled on that.

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is up yeah and that's mr reuter speaking yeah i'm sorry keep no worries keep doing that so um

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okay mr katuzzi thank you thank you chairman so i'm going to share my screen uh bear with

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me just a second here i think mr orfiniti's screen okay it's down now okay okay is my

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screen being shared? Not yet. Okay, hold on. All right, Mr. Hull, again, my name is Joseph

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Cattuzzi. I represent a neighboring property owner to One Red Line Road, Sandmeyer Steel

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Company. So thank you for your time. Thank you for being here today. I have a few questions

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for you. Mr. Orfanides was going through the process that you went through and some communications

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you had with the applicant. I'd like to show you an email dated April 23rd, 2020 from the

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applicant's counsel to a Kristen Bay with the philadelphia.gov address. And there's really

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one part of this email I just want to show you and see if you have a reaction and recollection.

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The applicant's counsel is talking about the proposed uses and then says, where it's highlighted here, I think the examiner looked at the overlay and saw that the code suggests that accessory uses, which would otherwise be prohibited as principal uses, should be prohibited and require ZBA approval.

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Ms. DeHal, does that, hearing that, does that ring a bell or refresh your recollection at all?

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Yeah, this is the first time I have asked the question, but I didn't know that that is the accessory detail sale and the accessory structure at that time.

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And then after Civic Design, I issued the permit. I came to know that this is not the main use.

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This is just like for the accessory use for the main use. That's why I have added the information as for the Civic Design notification.

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Is it is it fair to say, Mr. Hall, that your your initial impression when you looked at the materials was that this required would require a zoning board approval?

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Yes. OK. And can you walk me through why you believe that?

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Because I saw the definition of like, can I give you the core section?

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Sure. That'd be great. And I may bring it up here, too, but you can give it to me, Mr. Hall.

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i didn't mean to interrupt you mr hall what was the code it's okay it's okay thank you

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okay and then did you express when you when you form the belief that it needed zoning board

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approval uh did you communicate that to to anyone i communicated with my applicant i discuss about

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this project and then she told me that this is not the retail sale this is not the fueling gas

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station this is just like an accessory use and i suggested to the applicant if it is an accessory

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use they don't have to put apply for the zoning application this is just like understood and they

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have the core section two core sections it allows to have the accessory retail sale and the accessory

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repair for only for the main use and then as for as base of the definition and as for the cb design

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results the permit and mr hall prior to this application how long have you been a plan examiner

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10 11 years about 12 10 to 12 years yes 12 years about how many plans would you say you've reviewed

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in your decades worth of experience as a plan examiner? So many. I hear you. So quite a few

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plans, right? Right. And it's fair to say your instincts then having reviewed so many plans,

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you're pretty familiar with the zoning code. Yes, yes. And did you, when you formed your initial

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belief, that was based on your over decades of experience, right? When you determined it needed

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zoning board. You've been doing this for so long, it seems pretty simple to you, right? Yes. Okay.

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So I'll put up on the screen an example. This is, we agree that the property is zoned I-2 and in the

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far northeast overlay district. Yeah, just an objection. When you say it may need zoning board

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approval, what use are we talking about? I think she's been talking about what we're described as

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either accessory fueling or retail i just want to make sure since this is an area of examination by

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examination by Mr. Cattuzzi, that he explains what his real issue is. We're not talking about

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that he explains what his

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the million plus square feet of warehouse. You're talking about a de minimis amount of either

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truck washing or truck fueling solely for UPS trucks, and then a business office,

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which is a de minimis size. I think she said after CDR, and I hope the stenographer understood

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what she said, she saw additional supplemental information through a very voluminous CDR

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process. And she realized, oh, this isn't a Sunoco gas station. This is strictly for the trucks. So

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let's be particular about what you're examining. I'm going to object to that. That's not even an

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objection. It's not based on relevancy. My question was very clear. We looked at an email

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and we continued. So that's not an objection to relevancy. It's not a proper objection.

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But we'll continue. It's confusing. What are you referring to?

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Look, I have limited time.

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I'm trying to be as direct as possible.

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And those types of interruptions and objections are not proper and delay this.

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All right.

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Maybe I don't understand.

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But are you talking about the fueling or the car wash?

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What are you talking about so I can understand?

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It's not clear to me from your question.

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This is a million square foot operation.

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What are you talking about so we know what she's answering?

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Could you be more specific, Mr. Cattuzzi?

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Sure.

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um well so so mr hall we'll go through now we we agree um because i want to probe your

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your initial assessment back in i guess that email was dated april all right uh we'll pull

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it back up up there with me april of 2020 it was

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yeah so april 2020 i apologize let me pull this back up

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all right so april of 2020 that's the time frame when you and at that point when you

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made the determination that zoning board approval was required were you looking at the zone what

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for what it's only required for what please carl please what one minute the sonographer can't

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did you yeah mr cathutia you can be more specific to that question that would be helpful

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Sure. So, Mr. Hall, I'm going to put up a picture of a plan that I think we've all agreed shows the types of uses. And I've highlighted some things here. Do you remember seeing this general plan for this application?

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can you see on my screen yes all right so this is exhibit five in sandmeyer steel zoning

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zoning exhibit package but mr hall i'm going to go over a few uses that are shown and then i'm

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going to ask you some questions about them okay so do you remember seeing this uh proposed

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warehouse that's over a million square feet yes okay and then uh oh

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and then do you remember seeing a portion of that million square foot warehouse is titled

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proposed accessory vehicle service and maintenance and it's nearly 20,000 square feet

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do you remember seeing that vehicle service and maintenance is this one of the uses that you

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thought needed zoning board approval no it's not i said the accessory is not

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accessory we don't they don't have to go to the zoning board they don't need to i asked like maybe

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it is a main use is the retail sale and the auto repair shop applicant told me this is not the main

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use if it is the accessory use service then they don't have to go okay but just trying to get a

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better sense of um what exactly made you you know formed your belief what exactly was it in the plans

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and materials that you thought they needed zoning board approval?

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Because for my safety point of view, I have asked if they have the retail or not.

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They say no, no retail, no auto repair shop.

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I want to make sure whether I'll review the good for me.

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That's why I asked them.

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And they explained to me this is not the main auto repair shop.

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This is not the main gas station.

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This is for only accessory use for the main use.

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Okay. So just a few uses on the plan. I'm going to see if you remember them. You have the vehicle service and maintenance portion of the building. We have vehicle fuel storage or proposed accessory fuel storage and proposed vehicle wash station. Do you remember these components on the plan, the components of the use?

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Yes, yes.

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Now we'll go back to the zoning code section.

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We all agree that it's zoned in the far northeast overlay district?

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Yes.

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Okay. And do you remember seeing this code provision? This is, I represent to you, it's from the section about use regulations in the Far Northeast Overlay, and it says commercial vehicle repair and maintenance, vehicle fuel stations, etc., are prohibited within all lots zoned I-1, I-2, right?

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Okay.

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And do you remember seeing this?

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this is not the main use that's okay but but is it fair to say that um well how about this

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yes and answered she says because it's not a main use or open to the public it's permitted

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if you don't like the answer object to it and move on the objection is sustained it's been

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asked several times, Mr. Kattusi, by yourself and Mr. Orfanides. Sure. Mr. Hall, is it your

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position now, this is the definition, I'm just putting up the screen of how commercial vehicle

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repair and maintenance uses are defined. Is it your position that if the applicant calls a use

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accessory, then it can repair, install, maintain the mechanical components and bodies of large

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trucks on property, even if it's explicitly prohibited, that the definition accessory

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somehow allows, otherwise allows, which was otherwise prohibited? That doesn't fall under

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that category because they are not doing the repair. The main use is the transportation center

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and that is accessory for the repair for the cross-transposition center, not for the repair

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for other stops. That's why it doesn't comply with that section, but this is understood. This

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is only for the retail and the auto repairs of like personal vehicle repair and maintenance

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only for the main use that this is not for the repair for other stops that's why like

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we don't have to see that definition i guess okay but the so how about the fueling facilities

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because remember we went over the the fueling storage center that that's shown on the plan

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and they have they talk about fueling uses i would say objection asked and answered

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mr hall please mr hall please respond so mr hall remember we talked about the the fueling uh

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facilities and fueling features on the plan now the far northeast overlay district prohibits

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commercial vehicle repair and maintenance uses i understand we we maybe disagree about whether or

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not this means you can do it if it's accessory. But it does say here that truck stops, and this

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was the portion of the plan that was in place when you reviewed it, it says truck stops and

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fueling facilities are included in this definition. So why didn't the application get a refusal if

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they're putting fueling facilities on the... Excuse me? Because they have to go to the

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zoning board if the main use was like auto repair and the gas station that's not the main use main

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use is the transportation center truck transportation center and they don't have to go to the zoning

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board because this is not the main use this is the accessory use gas system for the truck

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transportation center not for the other people and repair just like they have the um they have

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fix the like they have to fix a small thing and then they don't have to go outside that's why

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that that is only for the accessory for the menus okay and mr harvey they don't have to go to the

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zoning board because it doesn't another point i think he's just trying to argue with mr primavera

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something's wrong with your microphone we can't hear you all right i think again i think this

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accessory uses i don't see what what the objection is here it i couldn't pull in with my a truck

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i'm not i'm not affiliated with ups or any other it's accessory use specific to the ups um operation

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and mr chairman de chico i think this may help us uh you know address that point uh and mr hall

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when you were reviewing the the application or reviewing the accessories did you consider that

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the zoning code says accessory uses and structures are subject to the same regulations that apply to

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principal uses and structures it's not access to you they don't have to apply for the zoning

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application if it is the accessory use but in this case because they went to the zoning board that's

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how i put that language as for the zoning board suggestion actually this is the like menus like

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accessory use and accessory structure, they don't have to apply with the zoning application.

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Okay, but did you consider this this specific section that says accessory uses?

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Yes, I'm asking her if she considered it.

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No, I'm asking her if she considered it.

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She said she considered it.

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I think she did.

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I'm sorry.

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I'm sorry.

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Everybody slow down.

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Carl, something is wrong with your microphone.

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All it is is a lot of static, and we can't keep talking over each other, folks.

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Thank you, Chair.

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Is that better?

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No.

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Mr. Primavera, it might be a good idea to go out and come back in,

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and we'll immediately promote you to see if that can resolve your audio issue.

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Let's give Mr. Primavera a couple minutes to get.

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While we're doing that, can we just take like a minute break?

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Take five minutes.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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