And this property was actually purchased to accommodate the growth of the repair business
because they did not have enough space at the other location at Roosevelt Boulevard.
As far as the previous use, the use proposed by my client is very similar to the previous use,
which was an engine repair facility by a company known as JDM Engine. For many years,
they had imported engines and transmissions from Japan, serviced them, and sold them directly to
the customers. We respectfully submit that this is the best and highest use of the property,
particularly on this block. And we also respectfully submit that a denial of the
zoning variance would result in unnecessary hardship upon the applicant and also create
a situation of selective enforcement given the situation of identical businesses in the area.
Yeah. We've complied with all of the requirements, including the posting of the notice.
And I can show this. Why don't you bring your client on and you can have your testimony adopted.
And I have a question. Is this address number two?
This is 2181. But I mean, is it unit number two?
Do we have that, Hillary?
we let me i believe that was what was indicated in the lease so that was going to be one of my
questions as if the you should be limited to unit two i mean you are representing the owner
and as opposed to the tenant um but yeah we just understood so you the unit two lease i i appreciate
you're bringing that up so we had submitted the lease that is for the tenant uh who's leasing the
25% on the back portion. And I also wanted to point out that that tenant had also applied for
the use through L&I. And for some reason, his application was approved back in October
while my client was denied and has gone through the process. So
number two is already approved, that are you saying?
Right. Number two has previously been approved, but we're requesting the variance for the entire
property okay okay okay that's what we want to know and and the other just while we're here the
other question was the refusal says commercial vehicle repair and maintenance but these look
this looks more like a personal vehicle repair and maintenance use like just regular you know
consumers cars not commercial vehicles is that is that correct yes that this is that the customers
are going to be just regular average people. I understood that commercial, the use of the term
commercial in that context, in that repair was being provided as a business, as opposed to
somebody just having a place to work on his own cars. Yeah, no, it refers to the type of vehicle.
So I think if the board grants in this case, then we'll include a proviso that indicates the
approved use is personal vehicle repair and maintenance. So these are people's personal
vehicles but they're taking them to a business for repair understood and i've also asked my
client amar halaj to raise his hand and he can clarify if i'm misspeaking on this issue but i
believe that there is also a small component of customers that they will have that that are part
of commercial fleets but not like trucks but but for passenger vehicles okay well i think as long
Okay. Well, I think as long as it's passenger vehicles, that would be personal vehicle repair. But I can double check on the code definition while the board members ask your questions.
as it's passenger vehicles that would be personal vehicle repair
Bring your client on, please, sir.
Did he raise his hand?
Yes. They should be coming in shortly.
Sure. Thank you.
No problem.
Mr. Halaj, please let me know and you can hear me.
I did promote the person, but I don't see them at the moment.
Okay, so counsel, you're an officer of the court.
we can accept your testimony okay questions from the board yes i have two questions one
is the facility with the shared with the other tenant of the building or do they have completely
separate facilities so the 15 000 square foot building is the same but it's separated and the
other uh okay my client is here as well um bring a one please
what's your client's hello yes sir could you please state your name and spell for the court
stenographer sure my name is amar halaj first name spelled a-m-m-a-r last name is spelled h-a-l-l-a-j
Do you swear or affirm that's all the truth, the whole truth, nothing but the truth?
So, counsel, before we answer the question, let's have your testimony adopted, okay?
Yes, sir. Mr. Halaj, you're the owner of Bennett Road Property, LLC, correct?
Yes, I am.
And you provided your deed as part of your exhibits to the zoning board, correct?
Yes, I did.
Did you hear the testimony that I presented to the board this afternoon?
Was the testimony I presented truthful and accurate to the best of your knowledge?
Yes, it is.
Did you take the photographs that were presented to the board?
Do you adopt the testimony that I presented as your own?
Thank you.
Moving back, Mr. Halaj, could you please, you can explain more eloquently than I can,
as far as the separation of the property with respect to the tenant's separate portion
and his own entrance um so the application was to uh change of use basically apparently
even the previous owner when he used to repair engines and and import them and so on
he never changed the use from warehousing to auto repair um so when we i'm just gonna i'm sorry to
cut you short the question was about uh the distinction between the boulevard auto center
portion and the portion used by the tenant in the back right so so he uh the tenant occupies about
20 to 25 of the building and change of views will apply to all the whole building basically
the tenant and myself the owner and is the tenant's part separate and distinct from yours
No, I was just referring to the fact that you said the other tenant also does auto repair.
So when we're looking at this interior of the garage, are they sharing the use of the garage?
Because the other two parts of the building that you showed as being separate were offices.
There was one photo that is in, if we go back, I have no control.
So that's the, go back, please.
One more to the empty.
No, no.
No, the empty spot.
One more.
No, go the other way.
Keep going.
All right, go.
He's looking for the empty spot in the garage.
Yeah, it's got two cars, and this is an older photo.
Right there.
Yeah, that's an older photo.
Now he has a lift, but that's the space in the back.
They're in the same open area.
there's no wall there is a door there is a roll-up go a garage door between them just like that one
the one you see in the back so it's a separate okay and and but hillary he basically said that
part in the back is already has yeah that that's that's fine we don't have to all right all right
good all right all right all right questions from the board yes a question um you said what
were the hours of operation did you say it will be hours of operation i got it tomorrow the hours
of operation will be eight to six monday through friday and then eight to one on saturday okay
and then 8 to 1 on Saturday.
and you're doing
And you're doing just, as you said,
general car maintenance, tires, oil changes, and what have you?
Is that what you said?
Engine and transmission repair.
Amar does...
We don't do tires.
The guy next door sells used tires.
And you're not doing any auto body repair or spray painting?
Okay. And then how are you disposing of the waste products like the used oil and things like that?
Right. So the used oil, if we go back, one of the photos will show our heater that we used for recycled oil, that one.
So this contains the used oil that we, when we change oil for cars and transmission and diesel, and we burn them again and use them as a heating device for the warehouse.
Now, the coolant does not go in there, but there is a company that comes and empties it.
When we call them, they come.
There is one, if you see that there is a couple of barrel, yep, it says coolant.
they come and they pump them out because you can't re-burn coolant if they get to burn oil.
Interesting. Okay. Are you doing any painting? No. Okay. Questions or comments from our attorney?
Just noting that for personal vehicle repair and maintenance, that includes autos, small trucks or
vans motorcycles motorhomes or recreational vehicles um so does it does that so that it
sounds like it would cover small fleet vehicles like if it's vans and stuff are there any is there
anything larger than that that's being um uh would be repaired here no we don't repair uh semi trucks
and big uh large freight uh trucks we the max we go is i think 16 000 pounds which is an f
yeah we don't do
trucks big trucks it's it's personal
actually it's not commercial I understand
the difference okay all right yeah so
we'll so if we the board adopts
we'll we'll add a proviso
all right questions or comments from the audience
to the virtual audience
planning commission
Amy board for the planning
commission the comprehensive plan recommends
a change in zoning at this location
from the existing light industrial I-1 to medium industrial I-2.
The appellant has shown that the proposed use would not cause detrimental impacts
on what would reasonably be expected
and that they have a previous license for out-of-body repairs.
The pending commission recommends the board grant the requested variance for vehicle repairs.
Thank you.
MI 2024-006-664-2181 Bennett Road.
I vote yes with proviso. Personal, vehicle, repair, and maintenance only.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Ty Owen, my vote is yes with proviso.
Ishmael Shahid, my vote is yes with proviso.
Thank you, counsel.
Thank you very much, board member.
Sure. Number 12, MI 2024-006-678-5138, North Broad Street. Jennifer Bizzillo is the attorney.
There's a letter of support from Oak Lane and Worcester Coalition.
Jennifer Bizzillo will be coming in as a panel.
good morning good afternoon counsel could you please state your name and spell for the court
stenographer sure jennifer basidlow b as in boy a z y d as in dog l as in larry o as in oscar
do you swear or affirm to tell the truth the whole truth nothing but the truth
Could you identify your client, a relationship to this property?
My client is 5138 Investments, LLC.
The representative here today is the sole member, Timothy Miller, and he is now the
current property owner.
We had originally submitted with an agreement of sale, but he has since purchased the property.
Our vice chair has a few questions.
Good afternoon, counsel.
Do you agree to either read another refusal or stipulate to its accuracy?
Have you emailed in all the required documents and exhibit as needed to proceed with this case five days in advance of this hearing?
Please proceed and share your screen.
Great.
So just before I continue, actually, I'll move on here.
i'll move on here um so just want to run through briefly our exhibits that were submitted
So just want to run through briefly our exhibits that were submitted.
um the first being the refusal um and i just want to pause a moment here our initial um application
was for four units in this property uh however uh after talking with the neighbors and also
some evaluations of the property of the project itself um we are now knocking that down to two
units so the rest of the presentation will be based on a duplex use of this property instead
of the four the four units that were originally applied for here you can see the recorded deed
that now shows the owner's 5138 investments this was the agreement of sale that was originally
submitted you can see that the property taxes are paid for this property and we have the letter of
non-opposition and the community group will come back to that uh zoning map nearby uses we're
going to come back to all of this um previous use permits for the property um which we'll go over as
well uh sorry one second um some aerial views of the property our photographs here's our posting
There are three street frontages, and all three were posted.
Photos of the property, which we'll also be coming back to.
Nearby area.
And then these were the existing floor plans, and these are our proposed floor plans.
So let me first go to, like I said, with the refusal,
So there were already conversations with neighbors before the RCO meeting, as well as some evaluations for the property after it was purchased.