OFFICE OF ZONING AND ADMINISTRATIVE HEARINGS
OFFICE OF ZONING AND ADMINISTRATIVE HEARINGSMONTGOMERY COUNTY, MARYLAND- - - - - - - - - - - - - - - - -X::PETITION OF COSTCO WHOLESALE:CORPORATION::- - - - - - - - - - - - - - - - -XCase No. S-2863OZAH No. 13-12A hearing in the above-entitled matter was held onJuly 31, 2013, commencing at 9:35 a.m. in the Rita DavidsonMemorial Hearing Room, 100 Maryland Avenue, Rockville,Maryland.Martin L. GrossmanHearing Examiner
Page 2Page 423611 x 17 of Exhibit 231289Michele Rosenfeld, Esq.The Law Office of Michele Rosenfeld, LLC11913 Ambleside DrivePotomac, Maryland 20854301-201-0913, (f) 301-990-0924rosenfeldlaw@verizon.net23711 x 17 of Exhibit 23228923811 x 17 of Exhibit 233289239Updated Engineering Report7/31/13290Patricia Harris, Esq.Michael Goecke, Esq.Lerch, Early & Brewer3 Bethesda Metro Center, Suite 460Bethesda, Maryland 20814paharris@learchearly.comAPPEARANCES:Larry Silverman, Esq.A P P E A R A N C E SC O N T E N T SWitnesses:DirectThomas FlynnBy Ms. Rosenfeld:By Mr. Silverman:CrossRedirectRecross-18026912Toni Ward16Janet MacNab18Licia Cardinale20Katja Bullock24James McNerney27Boris Larder29Barbara Gottlieb31Gary Spizler75Ralph Marsingill77Kamran YoussefiehE X H I B I T SExhibit No.Charles RichMarked/Received80Kenneth Horowitz102Virginia Sheard105217Testimony of Barbara Gottliebwith footnotes58Linda Johnston1232187/12/10 State HighwayAdministration letter1/21/03 letter from the StateHighway Administration141Barry Levy128146Ellen Levy136Clifford Scharman139219Page 3220Material Safety data sheet14922123 USC 116157222Outline of Emergency PlanningCommunity Right to Know Act157223Costco Parking flyer174224Mr. Flynn's 10/10 Report188225Mr. Flynn's 9/2/01 Report226Costco's 2012 Annual Report227227U.S. Energy Information AdminAnnual Energy Outlook 2013234228Excerpts from Montgomery CountySnapshot 5/2012246229ARevised SE Plan 7/31/013 cover229BSurvey plat existing conditions282229CSE Plan overall illustrative plan282230Overall illustrative plan 7/31/13286231Redline overlay286232ATanker truck 7/31/13286232BWarehouse truck 7/31/13286233APedestrian 33DCross-sections28823411 x 17 of Exhibit 22928923511 x 17 of Exhibit 230289227282Min-U-Script Page NGSMR. GROSSMAN: I'll call the case. This is thetenth day of a public hearing in the matter of CostcoWholesale Corporation, Board of Appeals No. S-2863, OZAH No.13-12, petition for a special exception pursuant to ZoningOrdinance Section 59G-2.06 to allow petition to constructand operate an automobile filling station, which wouldinclude 16 pumps. The subject site is located at 11160Veirs Mill Road, Silver Spring, Maryland. That's Lot N-631,Wheaton Plaza, Parcel 10, also known as the WestfieldWheaton Mall and is zoned C-2. That's general commercial.The hearing was begun on April 26, 2013, andresumed on May 1, May 6, May 23, June 4, June 17, June 19,July 8 and July 30, 2013. It was noticed to resume againtoday with the morning reserved for members of the publicwho wish to be heard on this matter. If we cannot fit youall in in the morning, then we'll continue on this afternoonwith that testimony.The next session has been noticed for August 2,that is Friday. That will be in the second floor OZAH Boardof Appeals hearing room in this building, the COB, theCouncil Office Building, also at 9:30 a.m. This hearing isbeing conducted on behalf of the Board of Appeals. My nameis Martin Grossman. I'm the Hearing Examiner, which means Iwill take evidence and write a report and recommendation toDeposition Services, Inc.(1) Pages 2 - 5
Page 612345678910111213141516171819202122232425the Board of Appeals, which will make the decision in thiscase.Will the parties identify themselves for therecord please?MR. BRANN: I'm Erich Brann with Costco.MS. HARRIS: Good morning. Pat Harris with Lerch,Early & Brewer on behalf of Costco.MR. GOECKE: Good morning, Mr. Grossman. MichaelGoecke for Costco.MS. ROSENFELD: Michele Rosenfeld. Legal counselwith Kensington Heights Civic Association.MR. SILVERMAN: Larry Silverman. Good morning,sir.MR. ADELMAN: Mr. Grossman, Dr. Mark Adelman forthe Coalition.MR. GROSSMAN: And I know we have a number ofpeople in the audience here who wish to testify and we willbegin that shortly. I would ask you all to sign in on thesign-in sheet. Anybody who testifies in this proceedingwill receive a notice, a written notice when my report andrecommendation is issued. And the report itself will be onour website pursuant to the zoning ordinance provision thatcontrols that.All right. Let me explain a little bit about thenature of the proceedings here before we begin takingPage 812345678910111213141516171819202122232425statute requires. A special exception is really aconditional use and which is what it's called in manyjurisdictions and what is suggested on the proposed zoningrewrite in Montgomery County.And what that means is that the applicant has todemonstrate that it meets conditions that are specified inthe zoning ordinance, both general conditions that apply toalmost all special exceptions and specific ones that pertainto this particular special exception. It's not, this kindof proceeding is not a plebiscite. I'm not permitted tocount noses to see how many people favor one side or theother. Rather, I have to follow the statutory requirementswhich specify what has to be proven.I also should note that the fact that a specialexception is permitted by the zoning ordinance means thatand under the statute specifies that if the only adverseconsequences from the special exception are inherent in thenature of the special exception, then by statute neither theBoard of Appeals nor the Hearing Examiner may prohibit the,or to deny the special exception. The exact language in59G-1.2.1, quote, inherent adverse effects alone are not asufficient basis for denial of a special exception.And even if there are non-inherent, adverseeffects in a special exception, there must be an analysis ofthose non-inherent, adverse effects and any combination withPage y. First of all, this is run pretty much the way acourtroom is run. Witnesses are all sworn in. They'resubject to cross-examination. There's a court reporter whotakes everything down and there's a verbatim transcript ofthat, of these proceedings prepared. We follow rules ofevidence, although they're somewhat more relaxed as theseproceedings are somewhat more relaxed, but we do have acombination of formalities and informalities.Generally speaking, we're going to take peopletoday in the order in which they have signed in. If thereare any people who have some kind of scheduling problem orother difficulty which requires that they be heard out oforder, we'll try to accommodate that as well.I want to alert you to the fact that the PlanningBoard record, as opposed to the Planning Board letter, isnot before me because the testimony there was not takenunder oath. It's not really testify in that sense. But Ido have the letter from the Planning Board and, of course, Ihave a report from the technical staff of the MarylandNational Capital Park and Planning Commission.We're here today on application for a specialexception and let me explain a little bit about what thatis. A special exception is a bit of misnomer because itsounds as if it's a variance. It's not. A variance issomething where the applicant requests to vary from what theMin-U-Script Page , adverse effects to determine whether or not it isappropriate to grant the application in this case. And myreport will analyze what the evidence shows in terms of anyof these potential adverse effects.It's very important for us to have communityparticipation, and I'm very happy that everybody hasappeared here to participate. It's very important indetermining whether or not there are adverse effects and thenature of the adverse effects. It's also important indetermining whether there, if there is a special exception,whether there are conditions which may be imposed toalleviate those adverse effects. So we appreciate greatlyyour coming down here.Finally, this matter doesn't go to the Council.This is decided, as I mentioned at the beginning, by theBoard of Appeals at a work session, but there's no newevidence accepted by the Board of Appeals at the worksession. They decide the case based on the evidence ascompiled, as introduced and then compiled in my report andrecommendation. You can request oral argument before theBoard of Appeals at its worksession or within, I should sayyou can request it within 10 days after I issue my reportand then the Board of Appeals may or may not grant thatrequest at its work session.All right. Before we proceed to taking anyDeposition Services, Inc.(2) Pages 6 - 9
Page es, are there any other preliminary or proceduralmatters? Ms. Harris?MS. HARRIS: Do you have a sense of how manypeople are signed up, only because as we discussedyesterday, we need to give other witnesses an indication -MR. GROSSMAN: Right.MS. HARRIS: -- whether they should be here thisafternoon.MR. GROSSMAN: Well, thus far, I received a sheetwith one, two, three, four, five, six, seven, eight names onit. I -- staff is checking to see additional sign-ins.UNIDENTIFIED SPEAKER: There's another sign-in.MR. GROSSMAN: Okay. So we have so far 15witnesses. -MS. HARRIS: Okay. Thank you.MR. GROSSMAN: -- who have signed in. Okay?MR. ADELMAN: I have a procedural question. Canwe defer then until after individuals have testified?MR. GROSSMAN: Certainly, if you wish. All right.Anything else to take up as a preliminary matter?Okay. All right. Then I'm going to call thefirst person on the list here, Mr. Rich. All right. I'mgoing to -- since, I guess, you have -MR. RICH: Should I go over to -- where do youneed me to be?Page 1212345678910111213141516171819202122232425MR. GROSSMAN: That will -MR. RICH: It will pick it up? Do I need to stillpick it up?MR. GROSSMAN: I don't think you have to, no, youdon't have to -MR. RICH: Okay.MR. GROSSMAN: -- lift anything up.MR. RICH: Okay. Do I need to be sworn-in or -MR. GROSSMAN: Yes. I'm about to swear you in.Can you raise your right hand please?MR. RICH: Yes, sir.(Witness sworn.)MR. GROSSMAN: Okay. All right. Will you stateyour full name please?MR. RICH: Charles Michael Rich.MR. GROSSMAN: All right. And what's youraddress, sir?MR. RICH: 902 North Belgrade Road, Silver Spring,Maryland 20902.MR. GROSSMAN: Okay. And do you have testimonyyou wish to offer today?MR. RICH: Yes, I do.MR. GROSSMAN: You may proceed.MR. RICH: Thank you. Good morning, Mr. Grossman.My name is Charles Rich and I live close to the proposedPage 1112345678910111213141516171819202122232425MS. ROSENFELD: Right here.MR. GROSSMAN: Right over there if you can fitthrough there. If not, we'll take you where you are.MR. RICH: Well, I'm fine. Do I use this mikehere?MR. GROSSMAN: Yes, that would be great. I'm notsure that those mics are on now? Okay.COURT REPORTER: Oh, they are.MR. GROSSMAN: The reporter says the mics are on.COURT REPORTER: Okay.MR. GROSSMAN: Okay.MR. RICH: All right. It's to the left?MR. GROSSMAN: You broke it already.MR. RICH: I just broke the building, yes.COURT REPORTER: Actually, your mic is right therelaying flat on the stand.MR. GROSSMAN: Oh, okay, yes, the flat.COURT REPORT: You'll have to turn your body -MR. GROSSMAN: You don't need those, there's aflat -MR. RICH: There's another mic?MR. GROSSMAN: Yes, you can -COURT REPORTER: That's -MR. GROSSMAN: -- it's to your right.COURT REPORTER: But that's --Min-U-Script Page 1312345678910111213141516171819202122232425Costco gas station in Wheaton. Thank you for theopportunity to speak today. I am a strong supporter of theproposed Wheaton Costco gas station. I volunteered sometime ago to testify on its behalf and I hope that thespecial exception application is approved.My family moved to the Wheaton area in 1958 when Iwas 6 years old and I've been using a wheelchair since 1964.I am a part-time broadcaster and substitute teacher, and I'munable to find affordable gasoline close to home. That'sbecause the low-priced gas and go station are also lowstaffed. It's not practical or safe for me to get mywheelchair out of my van and pump my own gas there. Inorder to get lower priced gasoline and someone to pump itfor me, I currently have to leave the County and drive tothe Costco in Beltsville or the Costco stations in Lanham,Columbia or Arundel Mills.As a disabled person who also has some breathingissues of my own, I resent the repeated suggestion that thestation poses some sort of new threat to the Stephen Knollsspecial education students. That school, like the swimmingpool and other neighbors of the mall, has already beenlocated for decades near a busy shopping center. It's alarge parking lot and substantial car traffic on that lotand the adjoining major roads and intersections. There'salso a new apartment building coming up practically nextDeposition Services, Inc.(3) Pages 10 - 13
Page 1412345678910111213141516171819202122232425door to Stephen Knolls School where the church used to be.Adding a Costco gas station would help disabledpeople and the environment more than hurt them. It doesn'tdo any good right now when I and others drive nine miles ormore one way to a Costco where we can get our gas tanksfilled at a reasonable price. A Costco Wheaton gas stationwill be a significant benefit to the community as itdirectly and positively affects my ability and the abilityof others to get to a gas station that's affordable.I don't think I'd support a new gas station inWheaton if it were replacing a park or a library, but theproposed site for the Costco station is in the parking lotof a busy regional shopping mall that's been around for morethan 50 years at a major intersection. My community needsaccess to this type of gas station. I ask that you pleaserecommend approval for the Costco gas station in Wheaton.Thank you for your time.MR. GROSSMAN: Yes, sir.Any cross-examination, Ms. Harris?MS. HARRIS: No.MR. GROSSMAN: All right. Ms. Rosenfeld? Mr.Silverman? Dr. Adelman?MR. GROSSMAN: Anybody else?All right. Thank you very much -MR. RICH: Thank you.Page 1612345678910111213141516171819202122232425MR. WARD: Yes.MR. GROSSMAN: You may proceed.MS. WARD: Thank you. Today I've come to ask thatyou please approve the long-awaited plans for the Costco gasstation at Wheaton. I am the owner of a house in KensingtonHeights located a few blocks from the proposed gas stationand I live in the incorporated district of Kensington andhave lived there for approximately seven to eight years,except for the years of military assignment.Since the beginning of the approval process, Ifollowed the Costco gas station proposal and witnessed theopposition to the gas station, as well as enormous supportfrom community members. The Kensington/Wheaton Master Planis in transition and as this area becomes even moredesirable as a place to live and work, it's the opportunetime to provide a quality, affordable gas station for thecommunity.For several years I've planned trips to Frederickwhen I need gas so I can shop at Costco and especially topurchase gas. Now that Costco Wheaton is open and those ofus in the immediate area have changed our buying habits, I'mfrustrated at not being able to purchase gas when I shop atCostco. Costco Wheaton is making a valuable contribution torevitalization and it's obvious that more commerce andaffordable options are well on the way as well.Page 1512345678910111213141516171819202122232425MR. GROSSMAN: -- Mr. Rich. I appreciate yourcoming down here and offering your testimony. All right.The next person on the list is Tom Ward.MS. WARD: It's Toni, T-O-N-I.MR. GROSSMAN: Okay. Okay, I'm sorry, yes, that'scorrect, Toni Ward.MS. WARD: Yes.MR. GROSSMAN: I'm sorry.(Discussion off the record.)MR. GROSSMAN: Okay.MS. WARD: Good morning, Mr. Grossman.MR. GROSSMAN: Good morning.MS. WARD: I assembled from Costco. I'm et al.MR. GROSSMAN: All right. Ms. Ward, I have toswear you in.MS. WARD: Oh, sorry.MR. GROSSMAN: Would you raise your right handplease?(Witness sworn.)MR. GROSSMAN: All right. You may proceed. Stateyour full name and address please for the record.MS. WARD: Toni, T-O-N-I, Ward, W-A-R-D, 3701Farragut Avenue, Kensington 20895.MR. GROSSMAN: All right. And you have testimonyto offer today?Min-U-Script Page 1712345678910111213141516171819202122232425It makes sense to offer those of us who find theaffordability of Costco highly desirable to also have theconvenience of a Costco gas station. There are already anumber of gas stations in the area, but Costco can offerlocal community members cheaper gas located convenientlywhere we shop. My experience with Costco over the years isthat their warehouses and gas stations are operatedefficiently and their business practices are superior tomany other retail businesses. Costco is a good corporatepartner for the Kensington Wheaton Community. In the reviewof Costco's special exception application, I trust you willkeep in mind the value that Costco gas station will bring toKensington Wheaton as it becomes a significant factor in therevitalization of this community. Thank you.MR. GROSSMAN: All right. Thank you. Any crossexamination questions?Seeing no hands, thanks. Oh.MS. ROSENFELD: Mr. Grossman, I just have one.MR. GROSSMAN: Yes.CROSS-EXAMINATIONBY MS. ROSENFELD:Q Ms. Ward, Mr. Rich testified that he -A I can barely hear you.Q I'm sorry. Mr. Rich testified that he has somehealth, respiratory issues, health issues. Do you as well?Deposition Services, Inc.(4) Pages 14 - 17
Page e, not to the extent that Mr. Rich does.Okay.No, but some, yeah.Okay. Thank you. I have no more questions.MR. GROSSMAN: All right. Any other questions?All right. Thank you very much for taking thetime to come down here and testify, Ms. Ward.All right. The next person on the list is JanetMacNab. Good morning, Ms. MacNab, would you raise yourright hand please?(Witness sworn.)MR. GROSSMAN: All right. You may proceed. Wouldyou state first your full name and address for the recordplease?MS. MACNAB: My name is Janet Delac MacNab. It'sM-A-C-N-A-B. I live at 12435 Meadow Wood Drive, SilverSpring, Maryland 20904.MR. GROSSMAN: All right.MS. MACNAB: Thank you for the opportunity tospeak to you today. I have lived in Montgomery County forover 40 years and I am a strong supporter of the proposedWheaton Costco gas station. Since its opening, Costco storehas had a positive impact on the revitalization of theWheaton Mall by bringing in a larger customer base. Nowwhen one visits the mall, the stores are bustling withPage 2012345678910111213141516171819202122232425QThank you.MR. GROSSMAN: Anybody else?No? Thank you very much, Ms. MacNab. Iappreciate your coming down here to share your views. Allright. Next person on the list is, it looks like LiciaCardinale. First of all, did I pronounce your namecorrectly?MS. CARDINALE: Licia.MR. GROSSMAN: Licia?MS. CARDINALE: Yes.MR. GROSSMAN: Cardinale, is that correct?MS. CARDINALE: Yes.MR. GROSSMAN: Okay. All right. Would you stateyour full name and address please?MS. CARDINALE: Licia Cardinale, 3333 UniversityBoulevard West, Kensington, Maryland 20895.MR. GROSSMAN: Would you raise your right handplease?(Witness sworn.)MR. GROSSMAN: All right. You may proceed.MS. CARDINALE: Good morning, Mr. Grossman.MR. GROSSMAN: Good morning.MS. CARDINALE: I am a Kensington Heights residentand a supporter of Costco's proposed Wheaton gas station. Iam here to express my strong support for Costco's specialPage rs. The entire complement of stores have benefitedfrom the Costco addition.Whenever I intend to shop at Costco, I frequentlyvisit the stores throughout the mall. However, I drivethere since I have many packages that would be impossiblefor me to carry home. Even though it may be in the MasterPlan to have a walking community, I personally do not findit conducive nor practical for the larger community to walkto the mall.Another reason for my support of the Costco gasstation is that Costco offers gas that is affordable, ofgood quality and convenient for me. I don't have to leavethe County to buy gas. This is important to me and to otherretired folks living in the Wheaton area who are required tolive on a fixed income.I support the Costco gas station in the WheatonMall. I request that you approve Costco's special exceptionrequest.MR. GROSSMAN: All right. Thank you. Any crossexamination questions?MS. ROSENFELD: The same question.CROSS-EXAMINATIONBY MS. ROSENFELD:Q Do you have any respiratory-related health issues?A No, I do not.Min-U-Script Page on application to place a much needed, safe gasstation on the Westfield, Montgomery property.I am also respectfully asking that the PlanningBoard approve this special exception. I have supportedCostco's attempts to bring a gas station to Wheaton Mallever since there has been a dispute. Even so, it seemsthere's always a problem despite all attempts by Costco torespond and adjust whatever was asked of them. Please don'ttake my picture.Those of us who would like to have an opportunityto purchase needed gasoline at a cheaper rate without havingto expend energy, gasoline in this case, by going toGreenbelt to purchase it are denied the advantage. While itis true that there are other gas stations in the area, noneof them offer quality discount gas in a clean, well-runlocation in the same fashion as Costco. I cannot afford oneof these newer cars which get 30 miles per gallon and mustmake do with my 26-year-old vehicle which is not as thriftyon gasoline as the newer models. It comes down tobudgeting, what foods to buy, which medication is moreimportant for me to purchase at the time and how often can Iforget to take my medication without endangering my health.The naysayers will eventually fall in and takeadvantage of the convenience of the cheaper gasoline. Ihave confidence that the Costco gas station will be anDeposition Services, Inc.(5) Pages 18 - 21
Page nt and much needed addition to our community. Again,please approve Costco's special exception application forthe gas station at Wheaton Mall. Thank you.MR. GROSSMAN: All right. I should say, alertedby Ms. Cardinale's request not to be photographed, thatthese proceedings are being filmed by an independentorganization. The Board of Appeals rules provide that suchvideotaping should be permitted unless it's disruptive tothe proceedings. So the very beginning of this session, atthe first hearing, we indicated that based on that Board ofAppeals rule that such taping was permitted here. So anywitness should be aware of that.Also, of course, even though we did reserve thismorning's session for testimony of public members who wishto be heard, that can occur at other days too. Everybody -these are all public sessions. Everybody is welcome toattend any of the sessions and you can offer testimony atthese sessions without prior approval or prior submission aslong as you don't represent an organization per se. Therules require certain things from organizations that arebeing, that are offering testimony. But if you're just anindividual and wish to offer your opinion, of course, wehave -- because of the number of people involved in thiscase and offering testimony and the number of organizationsinvolved, we do have to have an orderly process.Page 2412345678910111213141516171819202122232425is Katja Bullock. Ms. Bullock, would you state your fullname and address please?MS. BULLOCK: Katja Bullock and I live in 3333University Boulevard West, Kensington, Maryland.MR. GROSSMAN: All right. Would you raise yourright hand please?(Witness sworn.)MR. GROSSMAN: All right. You may proceed.MS. BULLOCK: Good morning, sir.MR. GROSSMAN: Good morning.MS. BULLOCK: I have been a Kensington residentfor the past 40 years and have lived in Kensington Heightssince 2000. Over the past two years I have participated inmany of the Costco hearings and have followed this processvery closely. And contrary to what some people would haveyou believe, there are a lot of local residents who dosupport Costco's proposed gas station indeed.Unfortunately, I have found that some that arereally actually concerned about speaking out due to fear ofreprisals from a very small, but very aggressive group ofopponents right in our very neighborhood. I'm a proudresident of Kensington Heights and I live less than a milefrom the proposed gas station. I urge you to support thespecial exception application, S-2863.At least twice every month I drive about 10 milesPage 2312345678910111213141516171819202122232425So generally speaking, the applicant's case goesfirst and then that's followed by Government witnesses ifthere are any and then it's followed by oppositionwitnesses. That's generally the way the proceedings take1234place. We do make accommodations for members of the public5so that, to make this an inviting procedure to allow people6to testify in the most convenient manner that's possible.7But, in any event, you are welcome to attend any of these8hearings. You do not have to leave after you testify or9anything like that.10All right. Any cross-examination of Ms.11Cardinale?12All right. Thank -- yes, I'm sorry.13MS. ROSENFELD: No, I'm sorry. I was waiting to14see if Ms. Harris had any questions. The same question I 15have asked before.16CROSS-EXAMINATION17BY MS. ROSENFELD:18Q Do you have any respiratory-related health issues? 19A No.20Q Thank you.21MR. GROSSMAN: All right. Thank you very much, 22Ms. Cardinale.23MS. CARDINALE: You're welcome.24MR. GROSSMAN: Okay. The next witness on the list 25Min-U-Script Page 25to purchase gas in Prince George's County. I take revenueout of our County, put more miles on my car than necessaryand, therefore, I use more gas than I should. However, theBeltsville Costco station is clean, the gas is significantlycheaper and I know there's always an attendant on siteshould I need for anything and I have used that attendantmany a time.The thought of having the Costco gas station in mybackyard is very appealing to me and I look forward to theday when I do not have to drive to Beltsville any longer. Ican do my shopping at the Costco store and fill up at thesame time. I believe that the opponents to this gas stationare making a lot of assumptions that are either not accurateor based on irrelevant information. I look forward to theday the gas station is finally approved.For almost three years this community now has beenon edge about the approval process and it's a back and forthand back and forth, and I feel that Costco has bent overbackwards for the community and to the County in asking andanswering all their questions. I hope that as you considerthis application, you will make your decision based on factspresented that are relevant to this particular site and noton fears that have no basis in reality and no relevance tothis particular site. And I thank you for your time.MR. GROSSMAN: Thank you. Any cross-examinationDeposition Services, Inc.(6) Pages 22 - 25
Page ns?MS. ROSENFELD: The same question.CROSS-EXAMINATIONBY MS. ROSENFELD:Q Do you have any respiratory, health issues?A Not any longer since I've stopped smoking. I usedto have emphysema and I don't.Q Thank you.A It is getting better.Q Thank you.A Thank you.MR. GROSSMAN: Any other questions? Thank youvery much, Ms. Bullock. Okay. Next person on the list isJames McNerney, is that -MR. MCNERNEY: McNerney.MR. GROSSMAN: Okay, sir.MR. MCNERNEY: Good morning.MR. GROSSMAN: Good morning, sir. Would you stateyour full name and address please?MR. MCNERNEY: My name is James McNerney. I liveat 1401 Blair Mill Road, Silver Spring 20910.MR. GROSSMAN: All right, sir, would you raiseyour right hand?(Witness sworn.)MR. GROSSMAN: All right. You may proceed.Page 2812345678910111213141516171819202122232425is they drive down the prices in the local gas stationsbecause they have to compete and that would be a benefit foreverybody whether they have a Costco membership or notbecause while I'm not on a fixed income, other people areand being able to hit a better gas price point is a positivefor them.I have no boat. I have no dog in this fight. Iam not here on behalf of anybody, except myself, but I wouldsupport and ask the Council, the Board to support a findingthat the special exception should be granted.MR. GROSSMAN: All right, sir. Thank you. Anycross-examination questions?CROSS-EXAMINATIONBY MS. ROSENFELD:Q I do. The same, several questions actually.First, do you have any respiratory related health issues?A No.Q Do you currently shop at the Beltsville gasstation?A I was shopping at the Beltsville gas station, yes.Q And do you work for Costco in any capacity?A No.Q Thank you.MR. GROSSMAN: Any other questions of thiswitness?Page 2712345678910111213141516171819202122232425MR. MCNERNEY: I'm here today, the driver of not a26-year-old car, but a car that has a large gas tank and isa good customer of any gas station. Having spent a numberof years working in Texas, I got to put lots of miles on avehicle on a regular basis. So I am very cognizant of thecost of filling up a gas tank.The Costco applicant here has done one thingalready. It has shown that it can help revitalize theexisting law that's been in the subdivision's neighborhoodfor 50 plus years. I have a problem with people who haveconcerns about this gas station and the store being in themall when, in fact, they've lived next door to the mall forall this time.The Kensington/Wheaton Master Plan that's in theworks is a very good document as it appears. The conceptsare good and the concept of going to a more walkableenvironment is good as we're seeing over in White Flint,
Michele Rosenfeld, Esq. The Law Office of Michele Rosenfeld, LLC 11913 Ambleside Drive Potomac, Maryland 20854 301-201-0913, (f) 301-990-0924 rosenfeldlaw@verizon.net Patricia Harris, Esq. Michael Goecke, Esq. Lerch, Early & Brewer 3 Bethesda Metro Center, Suite 460 Bethesda, Maryland 20814 p
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The official zoning map shall remain on file with the Hamilton Township Planning and Zoning Department. 4.4.2. Zoning District Boundary Interpretation : Where uncertainty exists with respect to the boundaries of the various districts shown on the zoning map, the following rules apply: A. Where the districts designated on the zoning map are .
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BACP – Small Business Center / DHED - Zoning Ordinance Administration License Zoning Reference Guide Version 04.05.13 Page 1 of 23 Business License Zoning Reference Guide The License Zoning Reference (LZR) Guide summarizes zoni
1-1-3 Official Zoning Map A. Zoning Maps Established 1. The Teton County Official Zoning Map includes the boundaries of all County Zoning Districts, as well as the Areas of City Impact, as required by Idaho Code section 67-6525. 2. The Official Zoning Map originals are kept on file with the Planning Department, which
1301.05 City of York Human Relations Statement. 1301.01 SHORT TITLE. This Planning and Zoning Code shall be known and may be cited as the "City of York Zoning Ordinance of 2011." 1301.02 PLANNING AND ZONING CODE 4 1301.02 GENERAL PURPOSE. The zoning regulations and districts s
The Planning and Zoning Division has routed this request to all appropriate reviewing departments. There are no open comments. Technical Division Review: In the case that the Zoning Variance is approved by the Planning and Zoning Agency, all site engineering, drainage and required infrastructure improvements
