Board of Adjustment/Zoning Board

FORT LEE BOARD OF ADJUSTMENT October 25, 2022 Present: H. Liapes, D. Conway, H. Joh, S. Tropea, L. Pacheco, D. Sugarman Absent: J. Nitti, J. Luppino, E. Hong Also Present: J. Mariniello, Jr., Esq., D. Juzmeski, Neglia Eng. Chairman Sugarman called the meeting to order at 7:37 p.m. NOTICE OF MEETING: Chairman Sugarman stated: Let the minutes reflect that adequate notice of this meeting has been provided in the following manner: On November 23, 2021 this Body, by Resolution, adopted a Schedule of Regular Public Meetings for 2021. The time, date, and location of said schedule was posted on the Bulletin Board at 309 Main Street. A copy of said schedule was mailed to the RECORD, JERSEY JOURNAL, STAR LEDGER, SPECTRUM, posted on the Borough’s Website and was filed with the Borough Clerk. A written notice of the time, place and proposed Agenda was posted on the Bulletin Board at 309 Main Street and mailed to the RECORD, JERSEY JOURNAL, STAR LEDGER, SPECTRUM, posted on the Borough’s Website and was filed with the Borough Clerk. Copies have been mailed to all persons who have prepaid the $35.00 fee fixed for the year 2022 to cover the cost of mailing. Approval of Minutes It was moved by Mr. Conway, seconded by Mr. Liapes, and passed on a vote of 6-0 by members Liapes, Conway, Joh, Tropea, Pacheco and Sugarman to approve the minutes of the meeting of October 11, 2022. Memorializations Docket #26-22, Marc Jusino & Yelena Alaverdov, 1003 Glen Road, Block 255, Lot 7, Addition to Single Family Dwelling It was moved by Mr. Liapes, seconded by Mr. Tropea and approved on a vote of 6-0 by members Liapes, Conway, Joh, Tropea, Pacheco and Sugarman to grant the applicant approval to Construct an Addition to a Single Family Dwelling. Page 2-ZBA Minutes-October 25, 2022 Docket #28-22, Hillside, LLC, 466 Jane Street, Block 3654, Lot 5, Amended Preliminary & Final Major Site Plan – Three Unit Dwelling – Addition to Roof Top Decks It was moved by Mr. Conway, seconded by Mr. Liapes and approved on a vote of 6-0 by Liapes, Conway, Joh, Tropea, Pacheco and Sugarman to grant the applicant Amended Preliminary & Final Major Site Plan approval for Addition to Roof Top Decks. Acceptance/Completeness Docket #32-22, HLC Development, LLC, 411 Jane Street, Block 4057, Lot 10, Two Unit Dwelling It was moved by Mr. Joh, seconded by Mr. Pacheco and approved on a vote of 6-0 by members Liapes, Conway, Joh, Tropea, Pacheco and Sugarman to deem the application complete. Mr. Cereste will call for a hearing date. Public Hearings Docket #17-21, Ayed Awad, 543 Main Street, Block 4454, Lot 28, Preliminary & Final Major Site Plan – 18 Unit Multi-Family Building (continued from the Public Hearing of August 9, 2022) Chairman Sugarman stated this application has been withdrawn by the applicant. Docket #22-22, THR FL, LLC, 204 Tom Hunter Road, Block 3956, Lot 23, Change of Use (continued from the Public Hearing of October 11, 2022) Ms. Khorozian stated we are here again tonight and I have the tenant here to testify. Lennia Clark, tenant, 204 Ton Hunter Road, Fort Lee was sworn in by Mr. Mariniello. Ms. Clark stated my sister and I would like to open up a permanent make-up business. Two certified artists would work there. Each service is approximately 2 hours depending on what is being done. One half hour in between each client for cleaning. The hours of operation would be 9-5:00 Monday through Saturday. The maximum number of clients per day would be 4 per day, per artist. There are no walk-ins. Everything is done by appointment. Artists will only be there if they have a client. There will be no sale of goods. Chairman Sugarman asked if there would be 2 artists, 2 clients and 1 Administrative person? Ms. Clark stated yes. My sister and I will park in the metered parking spaces so clients will have room to park. Ms. Khorozian stated 6 parking spaces are provided. The first floor is the chiropractor who is a Page 3-ZBA Minutes-October 25, 2022 solo practitioner. I have photos of the parking lot, it is always empty. The Lease states each tenant has 3 parking spaces but they’re not marked. Chairman Sugarman asked for questions from the Board. Mr. Conway stated I hope this chiropractor is not as busy as Xcel therapy in Fort Lee. Ms. Khorozian stated he works by himself so there’d only be 2 people parking in the lot. Mr. Mariniello confirmed that there are 7 spaces and 1 ADA space. The variance is for 6 spaces, 13 spaces are required. Mr. Joh asked if the tenants will be parking their cars in the metered parking? Ms. Clark stated yes. Chairman Sugarman asked for questions from the public. Chairman Sugarman asked for questions from the Board. Chairman Sugarman asked if any member of the public would like to come up, be sworn and testify on the application. Ms. Khorozian stated we came here in 2018 and received approval. There’s no additional parking requirement. The volume of clients with this proposal is no different than the prior application. There’s no change in the building. The parking lot is empty all day long. Chairman Sugarman stated you need 5 affirmative votes, there are 6 members here. You can carry for a vote if you like. Ms. Khorozian stated I’ll take a vote. It was moved by Mr. Joh, seconded by Mr. Pacheco, and passed on a vote of 6-0 by members Liapes, Conway, Joh, Tropea, Pacheco and Sugarman to grant the applicant approval for Change of Use. Docket # 16-22, 511 Main Property Corp., 511 Main Street, Block 4454, Lot 22, Preliminary & Final Major Site Plan – 13 Unit Residential Building & 1 Commercial Unit Mr. Macri stated we are here seeking approval for a multi-family residential and one commercial unit. An $80,000 fee to the Parking Authority will be made. Mark Martins, Engineer, 55 Walnut Street, Norwood was sworn in and his credentials accepted by Chairman Sugarman. Mr. Martins stated the property is irregularly shaped. The lot area is 7,953 square feet. We’re proposing to remove the two-story frame building and construct a 4 story multi-use building. Page 4-ZBA Minutes-October 25, 2022 Exhibit A1-colorized version of the site plan Sheet 2 of 7 site plan dated May 5, 2022. The commercial unit is on the ground level on the right side. There’s a telephone pole that will be relocated. Grading and drainage plan – A retaining wall will be constructed on the left side. The water will go to an underground detention system. Drainage will be improved. Utilities and telecom will be run underground. The Neglia and Fire Prevention reports have been reviewed. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski stated a road widening easement will need to be done with Bergen County. Five EV stations are required. Mr. Martins stated we will comply. Mr. Juzmeski asked if the stairway access points could be recessed? Mr. Martins stated I defer that to the Architect. Chairman Sugarman asked for questions from the public. Ms. Susan Giacobone, 496 Summit Avenue stated she lives behind the project and is concerned with drainage. Mr. Martins stated the water will go to the Main Street water system, not towards the back. Mr. Matthew Kim, 515 Main Street stated he lives next to the proposal. He is also concerned with drainage. Mr. Martins stated the water will go in the opposite direction. Mr. Martins stated we spoke with Ms. Giacobone and we will be installing a 4 foot privacy wall as a buffer to her property. Vassilios Cocoros, Architect, 467 Sylvan Avenue, Englewood Cliffs was sworn in and his credentials accepted by Chairman Sugarman. Mr. Cocoros stated in response to Mr. Juzmeski’s comment, he can recess the door at the stairway access points. At the entry there will be a lobby, elevator, vestibule, utility room and fire stair. The commercial space is 508 square feet. The building is taller on the right side. Sheet A3-elevations-the property has some variation in grading. There are 5 units on the 2nd floor, they have one bedroom and a home office. Sheet A4-is the same as the second floor. Page 5-ZBA Minutes-October 25, 2022 The 4th floor has a gym, gathering room and common roof deck. There are a total of 13 units. They are all one bedroom but three of them have a home office. The others have a small alcove. Chairman Sugarman asked for questions from the Board. Mr. Conway asked how long will it take to construct this building? Mr. Cocoros stated 18 months. Mr. Conway asked will a crane be used? Mr. Cocoros stated yes. Mr. Conway asked will the crane be on site or on the street? Mr. Cocoros stated we could possibly use a lift or put on the front area. Mr. Conway stated there is a 9AM start time. Mr. Macri stated yes. Mr. Conway are there going to be any trees removed? Mr. Cocoros stated there are no trees on their survey. Mr. Conway asked if there is one parking space for each unit? Can the retail space be made into a management office or a storage facility? Mr. Cocoros stated we will change it to tenant storage or utility rooms. Mr. Macri stated we are eliminating the commercial space. Mr. Mariniello asked will there be Affordable units? Mr. Macri stated two units will be Affordable. Mr. Juzmeski asked about the clearance in the garage. Mr. Cocoros stated there is a 9 foot door in the rear, 9’2” at the back. The front is 12 ½ feet at the garage door entrance. Mr. Juzmeski asked if an ambulance can enter the site? Mr. Cocoros stated it would be best if they pull up to the front door and there is a stretcher compliant elevator. Page 6-ZBA Minutes-October 25, 2022 Mr. Juzmeski asked where will the meters be? Mr. Cocoros stated they will be hidden inside the garage. Mr. Juzmeski asked where the mechanical units will be and if there will be screening? Mr. Cocoros stated the HVAC will be on the roof with screening. They will be behind the parapet wall. Mr. Mariniello stated the intensity of the parking spaces is now 3 spaces less. Mr. Juzmeski stated an EV credit will also be applied. Mr. Pacheco asked where will the garbage be? Mr. Cocoros stated in the commercial space. Mr. Joh stated I see on page A3 there is a closet area that can be used. Mr. Cocoros stated that is a utility closet. Chairman Sugarman asked for questions from the public. David Spatz, Planner, 60 Friend Terrace, Harrington Park was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A2-Photo Board of Site and Surrounding Area Top left-subject property Top right-to the right, east Bottom left-to the left, commercial uses Bottom right-across the street, approved for a self-storage facility Mr. Spatz stated this is in the C2 zone. The following variances are required: Use, FAR and height. There’s a sufficient amount of parking. This is an older building and we are adding drainage. There’s a sufficient amount of parking. We are 4 stories, the hi-rise is close by and the self-storage facility is taller. Bulk variances-the building will be closer to Main Street, rear and side yards require variances. The rear yard setback is similar to what currently exists. Impervious coverage will be similar to what currently exists. We are 5 parking spaces short. More than one space per unit is being provided. There’s a municipal parking lot across the street. We are consistent with the neighborhood. Chairman Sugarman asked for questions from the Board. Chairman Sugarman asked are you familiar with the building on Main Street where Fletcher Avenue starts? Is this building the same size? Page 6-ZBA Minutes-October 25, 2022 Mr. Spatz stated yes, we are lower than that building and it has retail. Chairman Sugarman asked for questions from the public. Chairman Sugarman asked if any member of the public would like to come up, be sworn and testify on the application. Chairman Sugarman stated you need 5 affirmative votes, there are 6 members here. You can carry for a vote if you like. Mr. Macri stated I’ll take a vote. It was moved by Mr. Tropea, seconded by Mr. Liapes and passed on a vote of 6-0 by members Liapes, Conway, Joh, Tropea, Pacheco and Sugarman to grant the applicant Preliminary & Final Major Site Plan approval. Docket #21-22, Ashok & Joanna Lakhiani, 1612 William Street, Block 4053, Lot 1, Two Unit Dwelling Mr. Macri stated my clients own the property and it is currently a two-family home. Mr. Steven Koestner, Engineer, 61 Hudson Street, Hackensack was sworn in and his credentials accepted by Chairman Sugarman. Mr. Koestner stated the property is 75’ x 75’. Currently there is a stucco two-family home on the property. There’s a 17’ grade change from front to back. We propose to capture the runoff under the driveway into cultec systems. Two plantings in the front and along Catherine Street are proposed. I reviewed the August 2, 2022 report from Neglia Engineering. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked because this is a corner property, will the building clear the 25’ site triangle? Mr. Koestner stated yes, we do clear it by 3 feet. Mr. Juzmeski stated please illustrate that on the plan. Mr. Juzmeski stated the two walls need construction easements. Mr. Koestner stated yes, we will get permission from the adjoining owner. Mr. Juzmeski stated two sanitary sewer laterals are required. Mr. Koestner stated yes. Page 7-ZBA Minutes-October 25, 2022 Mr. Jusmeski asked if they will comply with the comments in his report? Mr. Koestner stated yes and we will be installing an irrigation system. Chairman Sugarman asked for questions from the public. Vassilios Cocoros, Architect, 467 Sylvan Avenue, Englewood Cliffs was sworn in and his credentials accepted by Chairman Sugarman. Mr. Cocoros stated this is a 3 level side by side configuration. It is an all brick stucco structure. On the right side there is a basement, entry area, steps to the landing, recreation room, home office, bathroom and utility area. On the first floor there is a closet, living room, dining room, kitchen, eating area, patio and AC units in the rear. On the second floor there are 4 bedrooms, 1 is a home office. The master bedroom has a walk-in closet and ensuite bathroom, 2 bedrooms with ensuite bathrooms, laundry area and linen closet. This is a typical layout. The appearance at the rear is two stories. Mr. Macri asked if they could reduce the width of the driveway? Mr. Cocoros stated I’d like to stay at 18’ 2”. Mr. Juzmeski stated 18’ 2” with a STOP sign. Mr. Cocoros stated I can go to 18 feet. The STOP sign regulations will be complied with. Chairman Sugarman asked for questions from the public. David Spatz, Planner, 60 Friend Terrace, Harrington Park was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A1-Photo Board of Site and Surrounding Area Top left-subject property Top right-to the right-south Bottom left-from Catherine Street Bottom right-looking east on Catherine Street Mr. Spatz stated a Use variance,1 D variance for FAR and C variances for depth, front, rear and side yards are required. The property is large enough to accommodate the two-family home. We are consistent with the neighborhood. The existing dwelling is in poor condition and has topographical issues. The property can support the additional FAR and we are providing drainage. The stairs project into the front yard setback. Additional landscaping will be provided. There is no loss of street parking. Mr. Mariniello asked if there is a variance for height? Mr. Spatz stated no. Page 8-ZBA Minutes-October 25, 2022 Mr. Juzmeski asked can you talk about the 76% impervious lot coverage? Mr. Spatz stated drainage improvements are being made. There will be no runoff and we are providing additional landscaping. Chairman Sugarman asked for questions from the Board. Chairman Sugarman asked if any member of the public would like to come up, be sworn and testify on the application. Chairman Sugarman stated you need 5 affirmative votes, there are 6 members here. You can carry for a vote if you like. Mr. Macri stated I’ll take a vote. It was moved by Mr. Tropea, seconded by Mr. Conway and passed on a vote of 6-0 by members Liapes, Conway, Joh, Tropea, Pacheco and Sugarman to grant the applicant approval to construct a Two Unit Dwelling. ADJOURNMENT It was moved by Mr. Joh, seconded by Mr. Conway to adjourn the meeting at 9:05 p.m. Respectfully submitted, Linda Garofalo Linda Garofalo Recording Secretary