We're here requesting for a variance relief to allow for a vehicle paint finishing shop
in an existing commercial truck repair body shop.
The proposed variance in the property, as you can see, is zoned as I-1 Industrial.
This blue sort of highlight here is the site in question, and as you can see around it,
Lose Mr. Patel
It appears
Mr. Brittill, are you there?
I'm not sure what happened here.
Trucking industry, as a natural pairing to the services that we are ready to...
Mr. Brittill, pardon the interruption.
We lost you for a considerable amount of time, so if you can proceed with your most recent comments.
Oh, I'm sorry. What was the – I apologize.
You talked about the business has been existing, I believe, and a sentence or two after that, and we lost you.
Okay. I'll restate that. My apologies.
the uh the existing business which is the truck commercial truck repair service has been in
existence for in this space for about 16 years um providing uh commercial truck service to the
trucking industry as a natural pairing to the services that they already provide um they're
seeking on the additional service of paint finishing for their existing clientele trucks
that they repair um the site they that we're um speaking of just to get a sense of on the ground
level is here it faces on caroline road as you saw from the aerial this is some exterior shots of the
of the site here from caroline road
as you can see this is the neighboring property to the west of it um this is um all along caroline
road as you can see there's warehouses other um sort of industrial storage
the site itself is actually two units two commercial um units we occupy unit one um the
other unit is is a uh storage and warehouse use it's not affiliated uh with the applicant um we
We're here actually for approval for this increased use just for space one, where we are attending.
As I stated, the proposed use is just maintaining the existing use and then adding the vehicle finishing service to that use within that space.
Now, in terms of the refusal, there is a Northeast overlay that restricts commercial truck repairs and vehicle finishing and essentially anything within that realm.
Because this use predated that overlay that we're approved for the existing use, but because of that overlay, what would normally be a by-right increase of service for this use requires variance approval.
Now, we did meet with the RCO on January 27th.
As I stated earlier, we didn't receive any letter, but I do want to address two of the concerns that were raised there.
Generally speaking, it wasn't well attended.
Our position is that's mainly because there really isn't any residential in the immediate area.
I mean, the closest residential space, as you can see from here, is on Commonly Road, which is over 2,000 feet away.
And as such, in terms of the immediately affected sort of neighbors, we're talking about all these, all the industrial sites that are adjacent to it.
Now, the two main concerns that were voiced, one of which has nothing to do with us, which I'll get into in a second.
get into in a second um but the really though the only concern that actually has something to do with
but really
the only
the tenant um is concerned about pollution in the area um or causing additional pollution or
anything of that nature when you hear um a use such as um paint finishing or anything like that
that's a natural concern um so one what we explain at the meeting which i'd like to explain to the
board is sort of just the mechanics of how this increased use will take place on the site.
So first, just to give you a sense of the interior, here are some photos of the interior
of the existing shop for truck repair.
As you can see from these photos, it's pretty sizable, as it would have to be to service
this sort of clientele.
some interior shots here so you can understand the space that we're working with when I get
into how the paint finishing will take place and so let me just go and so just to briefly explain
how this works when it comes to air pollution.
The paint booth that the business is seeking to install
firstly will be housed inside the space.
It won't be housed outside in the parking lot
or anything of that nature.
That was a comment that was made during the meeting
regarding the air pollution.
Per industry standard, these booths are equipped
with both intake, airflow, and exhaust filters
preventing the release of any particles. So in addition to being inside, the way it's set up
is to have these filtration systems within it to prevent the release of any sort of pollution or
anything of that nature. Furthermore, the commercial space itself that's being rented
that will house these booths has all the proper ventilation and airflow required by both the
building code and the health code. So not only will the actual paint booth not produce any sort
of pollution to the exterior, if by some chance there was some sort of malfunction where it did,
the actual commercial space that's housing it as the required sort of ventilation to mitigate
any effect like that. Attached, you know, I won't get in too much detail, but attached to exhibit
just an explanation of how the filters work, how the airflow works for the painting booth. So that
sort of highlights the mitigation of any pollution, increased air pollution per industry standard.
The other concern that was raised at the meeting was an issue regarding some sort of
dispute on the property lines regarding an abandoned railroad train that runs nearby the site.
Again, the applicant here is the tenant. Not only were we not aware of that issue because it has nothing to do with the tenant, it has, I guess, to do with the owner of the property.
It has no bearing on what the tenant is trying to do here. Short of sort of connecting that neighboring property with the owner, there's really nothing that the tenant can do regarding some sort of easement dispute with the current owner.
And so those are really the two main concerns that were expressed here at the community meeting. Again, it was, I want to say about four or five people, one of which was the representative of the RCO, and the other one was the neighbor that had the issue with the easement dispute that wanted to voice that.
Other than that, there was no one else in attendance. But our position is that because
the air pollution will be virtually nonexistent and the property line dispute or the property
line concern that was raised has nothing to do with the tenant, that this proposed use
will have de minimis effect, virtually no effect on the immediate area. And we request that the
board approve that use. Because again, this is existing. This is not something new that's being
built. This shop has been here for over a decade. It's been existing in that right. And they just
want to add this service. They're professionally operated. If they weren't, they wouldn't be in
existence for as long as they have. And as such, we're hoping that the board can see that although
We're hoping that the board can see that although this overlay exists, what I believe is to prevent any additional new sort of shots of this nature being being created.
this overlay exists, what I believe is to
We hope the board will see that adding the service to this existing shop really doesn't have a negative effect on the community.
So frankly, I was surprised to hear that the council member was so against it because we didn't we didn't receive any notice of that.
So barring any questions from the board, I would like to take the opportunity to have a representative from the business, Mr. Ahmed Ramazal, affirm and adopt my testimony.
Please do so, sir. Please identify yourself with the records, spell your first and last name, and I'll swear you in.
Ahmed, if you could just raise your hand so they can recognize you.
I'm not sure I see the individual in question, sir.
okay so why don't we do this uh mr bertill uh as an officer of court will stipulate that your
client would have adopted your testimony i do have a question if you could answer it if not
you know we'll move on currently do you know if your client what your client does with
the trucks that are repaired that are in need of painting is it is it sent out to another location
or is it to another, to a company that spray paints not related to your client?
My understanding is that they don't, oh, I understand the question.
Yeah, so it would be to a company that's not related to our client.
If I understand, you're asking whether they provide the service at a different location?
Correct.
To my understanding, they do not.
Excuse me, this is Sharon Saleta.
We received an email from Alice Udovich at 412, providing us with the case summary from the RCO
meeting. And in fact, their position is one of support. I'm trying to go through the email now.
Alice may be here. I'm not sure whether that changes the councilman's position,
but she may want to speak to that. Alice, are you with us?
Ms. Sudevich, please raise your hand so we can swear you in.
He's already been sworn in.
We'll just have her identify herself with the record again, spell her last name.
She's still on the roof.
U-D-O-V-I-C-H.
Although I did have to forward that notice from the RCO, I wanted to disclose that there
were only four in attendance of the actual meeting. Those were all board members. The board
did oppose it. However, the new president of Normandy Civic is quite nervous, and she
put a vote out on Facebook, and that's what that summary indicates, which I believe was
18 opposed, 25 in support. I don't believe that that vote should
really matter because um as miss pointed out there aren't a lot of near neighbors here
this is sort of an isolated spot however the councilman does have an office directly across
the street we received a letter from the president of the fop and i believe there's also a near
neighbor on this call um who let us know that this outfit have not been um good tenants and
good neighbors so to add to allow them to add this when they've already operated um in manners that
are not appealing to to um the neighbors there you know is part of the reason why the councilman
is opposing it? Well, I'm not, this is actually the first that I've heard about the secondary
vote. I don't, you know, I'm not aware of kind of what the change in leadership or anything with
regarding that. But I believe that the neighbor that's probably on the call is the neighbor that
attended the meeting that was raising issues that, again, actually had nothing to do
with the tenant. Those were issues that are tied to the owner regarding property lines.
that are tied to the owner regarding property lines and a railroad, an abandoned railroad,
again, which was all outside the, you know, I had no understanding of that because it wasn't
related to what we were trying to do here. So maybe they can speak to that in a second,
I would imagine. But as far as the vote goes, I can confirm that, again, there was only four
people there i i didn't know all of them were board members but i figured that to be the case
um and i think partly it's because of the affected area is just not residential and so um the people
that would have in any invest vested interest in this would be um the fop which is down this down
the road and adjacent industrial sites. Now, no representative from the FOP attended the meeting
or contacted our office in response to our notices. So again, this is the first that I'm
hearing that they're opposed to. I'm not sure why. But again, this is an existing, this won't be a
new use. Well, the paint finishing will be a new use, but the business that's operating there,
The truck service that the overlay generally is meant to prevent has been in existence prior to this overlay and will continue to be in existence with this or without this use.
And so they're trying to be able to provide an additional service to not lose out business, which is already sort of tough now in terms of I think anyone can admit that operating a business is sort of tough in this environment.
So they're trying to add an additional service to maintain customers and, frankly, attract more.
And so in terms of the effect on neighbors, there virtually is none.
Why don't we do this? Let's see if there are any individuals who want to testify on this case.
And then I'll make a suggestion at the end.
So if anyone is here to testify in this case, please raise your hand.
Mr. Chair, I have Mr. Sean Ward with his hand raised, do I allow him to speak?
Yeah, Mr. Ward, he's got a case later on, doesn't he?
Mr. Chairman, can you hear me?
Yes. As the board may be aware, I am zoning and code council for FOP Lodge 5. I did have a conversation on the phone with John McNesby, the president of Lodge 5.
He reiterates and joins in the councilman's objection to this application, and I wanted the board to know that.
He indicated that the operation there is quite oppressive to the ongoing industrial slash commercial use in the neighborhood.
So we would join in the councilman's objection to the grant of the variance.
Thank you.
Anyone else to testify in this case?
Please raise your hand.
I have a Barbara Cohen with my raise right now.
ms cohen please identify yourself first and last name and your address
my name is barbara cohan um i am counsel to phoenix lithographing corporation
at 11631 caroline road we also own the property ma'am ma'am hold on please
sorry things would you spell your last name and then i'll swear you in sorry c o h a n
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
Phoenix Lithograph Incorporation owns the properties on both sides of the subject property.
This may be an industrial park, but apart from the subject property, it is well maintained.
It's extremely well kept.
um we have had numerous problems with the subject property in that they leave these big car carriers
and tractor trailers parked on both sides of the street which causes a hazard it's posted against
which causes a hazard. It's posted against it. The FOP has actually gotten involved several times
against it. The FOP has actually
when they left trucks that were smashed up sitting out on the street for as long as two and three
weeks. And it was only after the police got involved that those were moved. We are concerned,
And notwithstanding their promise to have this high-tech booth, there's no guarantee
that if the variance is granted that they will in fact use such a booth.
Automotive paints have odors, they're environmentally problematic.
There are risks to the buildings on both sides, so we have an interest in that.
In addition to that, these tenants have repeatedly shown an unwillingness to be good neighbors, to abide by the rules.
They're always young guys tearing in and out of the property without even looking.
They've created a hazard.
They've really become a nuisance.
They frighten our customers.
our concern is simply that we cannot depend on their representation that they will do this
in a safe manner when they don't do anything else in a proper manner and that's why we join
the FOP and Councilman O'Neill in opposing the property, opposing the variance.
Thank you.
Thank you very much.
Anyone else?
Yeah, please, Mr. Pertone.
I can just respond to a few things here.
Firstly, I mean, there's been some characterizations of, well, let me just start by representatives
from the Phoenix Corporation did attend the community meeting that was held, and none
of what Mrs. Cohan just stated was mentioned at that meeting. In fact, because they were
the only people there that weren't on the board, I specifically asked them regarding
any specific issues that they had with this site. None of this was brought up. None of
these statements were brought up. The only issues that were brought up was something regarding a
property line and a railroad line that I just wasn't aware of and wasn't sure how to resolve
it because we weren't related to that. In addition to that, there is, we aren't the only tenants
here. I'm not sure about what Ms. Callahan is referring to regarding people tearing out of the
property um but this the site itself uh is you can see from the aerial in fact is part mostly
does the the construction commercial vehicle not construction commercial vehicles that are being
serviced um are parked in the site so there's really no opportunity to tear in or out um so
i'm not really sure how that's even really possible on this site with every with all the vehicles that