civus
Hearing video

ZBA Hearing - July 22, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 22, 20204h 57m

Correct.

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Okay.

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I have no further questions on the direct. All right. If I can move to Mr.

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Let's see. Is Mr. Nandez still on? I believe he is. It's not. For some reason, I don't have C.

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Oh, there's Jose. Okay. May I call Mr. Jose Hernandez, please?

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Jose?

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Jose, you're muted. There you go.

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Mr. Hernandez, we swore you in earlier. You're still under oath.

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Okay.

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Good evening, Mr. Hernandez. I'll try to make this brief.

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Steve, the property is presently zoned what at the present time?

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My two.

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Okay, so it's not presently zoned to IRMX, correct?

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It is not.

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Okay, and you guys spoke a lot about designing this project to IRMX,

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but is there any legislation pending with city council to remap this particular property to IRMX?

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I don't know the specifics of that, but the information that we utilized was from a 2035 plan,

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which had the current i2 uses to be transitioned to either IRMX or CMX3.

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Okay, I understand, but there's no guarantee that this property would be remapped to IRMX.

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We just have the 2035 plan, which...

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I believe the plan was adopted, so I believe it's just moving forward, if that's correct.

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Okay, all right. In terms of the parking and loading requirements,

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Those requirements that are set forth in the refusal are based upon the square footage in terms of the commercial space, correct?

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Correct.

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And that also applies to the loading that's required, correct?

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Correct.

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And in terms of the loading for the residential space, that is based upon the square footage, correct?

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I believe so, yes.

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Okay.

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And then in terms of the parking for the residential, that's based upon the number of units, correct?

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Correct.

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Okay.

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And that's all based upon, in the refusal, based upon I-2, correct?

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Correct.

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So, and if you had mentioned that your FAR is below what's permitted in I-2 or IRMX, which is 500%, correct?

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Correct.

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Okay. But in terms of the number of parking spaces that are required for the residential units, whether it's IRMX or I2, if you were to have fewer units, even if those units were larger,

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or I-2, if you were to have fewer units, even if those units were larger, the parking requirement

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would be less, correct? Based off the calculations, if less units would require less parking.

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Thank you. You heard Mr. Feibusch make a statement about his experience with his other buildings and

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the number of residents or occupants, tenants that require parking. Correct? Did you? Correct.

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Okay. What if Mr. Fybush is incorrect and his calculations or his predictions don't hold true

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for this property? Chairman, I'm going to object. I'm not sure what the purpose of that question is.

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I mean, if Mr. Orfanides wants to ask Mr. Fybush the basis of his opinion or what it is, that's

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fine. But asking Mr. Hernandez, if he knows what's in Mr.

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Feibush's mind, seems like a far rabbit hole for us to fall.

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I think there are studies that indicate that they're

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millennials, if you will, people who are moving into the city,

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especially younger people are generally people who do not own

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cars. I don't know if that scientific or whatever, but

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that's generally the way it is and you live in my neighborhood when you're 16 you get a car whether

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you want it or not all right i understand right and i wasn't asking mr hernandez to get into

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mr five bush's head i'm not sure he wants to go there i'm not sure but um that was that was not

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what i was asking i was just saying what if he's wrong what if there there's more parking that

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people need you know than what he's predicting so maybe there's less could be less it could be less

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That wasn't my question, but I'm going to move on. I'm not going to belabor the point. Why would I ask that question? So, in any event, I'm going to move on. I'm going to try to get us out of here. So, Mr. Hernandez, in terms of the loading, you live in the graduate hospital neighborhood, correct?

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Correct.

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All right. And there recently, not so recently now, there's a CVS that went in at 22nd and South, correct?

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Correct.

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All right. Have you ever seen them doing their deliveries and their loading there?

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Their deliveries in their loading?

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No. Deliveries, loading, whatever you want to call it. The trucks that pull up and deliver

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products to CVS at 22nd and South.

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Right. I may have seen. Yeah. On occasion.

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And that's located about how many blocks from this property?

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One, two, three, four, maybe seven or eight blocks.

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Okay. And what did you, where did they, where did this truck that went to deliver, where was it, where did you observe it parked while it was doing its loading?

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I believe they utilized the loading zone out in front of their store.

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On 22nd Street or on South Street?

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I believe it's on 22nd Street.

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Okay. And was that truck solely in the parking lanes or was it actually in, as far as you observed, in the traveling lanes?

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in the driving lanes chairman i'm going to object to this line of questioning

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mr hernandez's uh anecdotal in uh observation of a single time or two of

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when a delivery was made has no impact on whether they were doing

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the delivery on per you know as they should have or if that truck

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driver was pulled over too far to the left we've already stated and i'll

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stipulate now cvs is going to drop ship all of its

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deliveries. That's what they do all over the city, everywhere that I'm aware of. They're going to

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drive up in a truck and drop off a pallet full of their deliveries. And then that pallet is going to

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be unloaded by their employees into the store in as quick and timely manner as they can. And as

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Mr. Fibush already testified, they're going to be coordinating that to the best that they can to

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make sure that that minimizes any impact to all parties involved. And with all due respect to my

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esteemed colleague, you know, 22nd and South, 19th and Chestnut, they're small lots. They don't have

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room. And what I was getting to with my questions and Mr. Hernandez, who lives in the neighborhood,

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I've seen him walk around, I live in the neighborhood as well, is that the problem you

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have is that the trucks pull up and it's not a fast crop and it can impact traffic flow um

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and the fact that they don't want to have a loading zone doesn't mean they don't need to

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have a loading zone and that's the problem that is an incivility that we live with day in and day

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out in the city of philadelphia we're all businesses but they have a large enough lot

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here where they could provide some of them have lots some of them don't 10th and south doesn't

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have a lot. I mean, 11th and South. Most retail places in these neighborhoods have none.

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Most retail places in these neighborhoods have none or very limited parking, off-street parking for deliveries.

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11th and South has Rodman behind it.

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And also, yeah, I'll give you that one.

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I'll give you that.

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There's also there in a parking garage.

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And I'm not going to nitpick.

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I think I've made my point.

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I can, if and when I drive in to work, I go out 11th Street to market or I take 13th Street.

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there are cars trucks parked everywhere there's no place for them to pull in it's it's part of

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living what we go through an incivility as i call it living in the city and i understand i would

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just we might think that maybe we don't want to make it worse if we can but i understand your

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point i get your point i understand um i have no more questions for mr hernandez trying to get us

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out of here chairman i have no redirect for mr hernandez i think it's thank you um i'd like to

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ask a quick questions a few quick questions to Mr. Feibus if he's still

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here. Mr. Feibus if you're still on just go ahead and unmute. David you're gonna need an

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umbrella when you leave it's pouring out there. Yeah I know I'm looking at it and

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seeing it. Is Mr. Feibus still here? I think you can just go ahead and unmute

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yourself I think you're still ready to talk

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and already if you're here if you hear me you're still under oath

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I see him still listed as an attendee and a panelist actually

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who are you looking for mr five mr feybush oh okay i'm sorry i just had a call from confessor

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that his power went out i'm reconnecting him oh wow is mr feybush snubbing me ignoring

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at least less technically mr feybush believes that you need to unmute his phone

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he's not able to do it

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no i can't do it he has to do it himself

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After I do it the first time, I no longer have control.

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David, do you have any questions for any of my other witnesses?

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Yeah, I can while we're waiting for him. Can Mr. Chilliberti jump back on or is he still on?

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Excuse me one moment if I could interrupt.

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Of course we still can.

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Technician Bill, are you still there?

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There must be a way he can unmute himself.

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I'm sorry you can continue oh star star six to unmute said BPZ zoom

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sorry I think Mr. Fibush wasn't hitting star six that's what I just he he says he he is doing

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that and is still unable to jump on. Miss Sunket if he if he hangs up and then calls back in are

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you able to? I'm not sure I just got from the technician that it might be audio problems with

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the zoom. I'm not because it could be the weather I'm not sure. Okay um David let's move on and come

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back to Horry. Sure.

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Just a quick

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Maybe he's on.

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Cocktail hour, gentlemen. I was going to say

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that's David's happy hour in music.

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I forgot about that. That's what I used to call myself. So yeah, that's true. All right. So is Mr. Chilliberti on?

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I forgot about that. That's my that's what I used to call

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myself. So yeah, that's true.

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Yeah, I'm on.

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Okay. Mr. Chilliberti, this is David Orfanides. I just have a question for you.

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And I heard you qualified as an engineer. Are you a traffic engineer? I don't have all the materials in front of me as far as the report.

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I'm a, what they call site civil engineer.

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I'm not a driver.

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Okay.

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All right.

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That's all.

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I just, I just wasn't positive.

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So you spoke, I think you were asked questions about in general, whether the, the parking

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was adequate, adequate for all the, for the, and for the residential use, correct?

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Correct.

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And your statement was, I think your answer was, it is.

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Hi, Sharon.

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That's right.

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Okay.

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Yeah, that's right.

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And did you perform a traffic study?

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I did not.

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Okay.

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And you spoke about Aldi, but as far as CVS, I mean, you heard some of my questioning with Mr. Hernandez, who lives in the neighborhood.

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Your opinion is that there is sufficient parking or sufficient loading for CVS as well as Aldi?

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Yes.

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The loading for CVS, that's consistent with other urban locations.

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Okay. Even if they're not able to use the loading zone that's here at this property.

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Correct.

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Okay. All right. I have no further questions of Mr. Chiliberty.

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Chairman, I just have two quick questions for Mr. Chiliberty.

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Thank you.

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Mr. Chiliberty, in your opinion, you know, Mr. Orvanides is talking about, you know, issues specific to 2031 Washington.

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2031 Washington, I just mapped it, is over 700 feet away from the entrance to CVS.

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In your experience, would the loading or lack thereof or parking or lack thereof at CVS affect a property's parking or loading over 700 feet away?

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it should not you know given that distance okay thank you that's all i have for you right

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i don't have any further questions then uh miss templeton

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i think okay or he is back on now so if you want to go to him david okay or he

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or he i see him listed talking permitted off off microphone

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phone. Okay, go to Ms. Templeton. Okay, thanks. I'm trying to do my best here. Ms. Templeton?

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I don't know what's going on here, so sorry about that. How about now?

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Can you hear me? Yes. Okay. Ms. Templeton, hi, David Orfanides.

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Quick question for you. Same question I had for Mr. Chiliberty. In terms of your review as a planner, you feel that the lack of loading for CVS is not an issue and is acceptable?

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When you say lack of loading?

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The lack of a loading.

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Like a separate off street loading area?

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yes off street loading thank you um no i don't i don't think it's unusual for the city to have an

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off street loading area well i i don't know if it said unusual is it adequate appropriate at this

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for this i think it's appropriate okay i think it's appropriate okay thank you i have no further

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questions in miss templeton i just is there any way to get mr feiber sean yeah he just logged on

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I think it's listed as just Ori, Ms. Sunket.

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After the power outage, you had to reboot a computer, so.

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Okay, he can unmute himself and speak.

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Looks like he's not muted.

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Hey, Ori Fibosh here.

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Okay, great.

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Yay!

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All right, Ori, remind you you're still under oath.

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Yes, and under oath, I just would like to share, and I believe the board can see through this, but there's a fine line between settlement negotiations and extortion and really disappointed by Mr. Orphanides.

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I'm going to object. That's really?

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Gentlemen, gentlemen.

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Sustained, we've been going pretty well. Let's not get there.

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Trying to move through. So in any event, despite that, I'm going to ask some actually on-point questions that have to do with the application.

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despite that I'm going to ask some actually on point questions that have to

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do with the application that's before us. Mr. Feibusch, there I think the ref, the

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indication was of the 120 spaces, 40 of them would be for, 780 would be for the

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residential use and 40 would be for the non-residential uses, correct? That's

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