Board of Adjustment/Zoning Board

FORT LEE BOARD OF ADJUSTMENT NOVEMBER 29, 2022 Present: H. Liapes, J. Nitti, D. Conway, H. Joh, S. Tropea, L. Pacheco, J. Luppino, D. Sugarman. Absent: E. Hong. Also Present: J. Mariniello, Esq., D. Juzmeski, Neglia Engineering Associates. 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 2022. 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. Tropea, seconded by Mr. Liapes, and passed on a vote of 5-0 by members Liapes, Conway, Tropea, Pacheco and Sugarman to approve the minutes of the meeting of November 22, 2022. Mr. Nitti and Mr. Joh abstained from the vote. 2023 CALENDAR OF REGULAR PUBLIC MEETINGS The Board agreed to amend the December 26th date to December 19th. It was moved by Mr. John, seconded by Mr. Nitti, and passed on a vote of 7-0 by members Liapes, Nitti, Conway, Joh, Tropea, Pacheco and Sugarman to adopt the 2023 Calendar of Regular Public Meetings with the amended date from December 26, 2023 to December 19, 2023. MEMORIALIZATIONS Docket #33-20, ARS Architectural Design & Trade, LLC, 1637 Maple Street, Block 3554, Lot 3, Two Unit Dwelling It was moved by Mr. Conway, seconded by Mr. Pacheco, and passed on a vote of 5-0 by members Liapes, Conway, Tropea, Pacheco and Sugarman to adopt the resolution of approval for an Extension of Time - Two Unit Dwelling to November 1, 2023. Page 2 - ZBA Minutes – November 29, 2022 Docket #16-22, 511 Main Property Corp., 511 Main Street, Block 4454, Lot 22, Preliminary & Final Major Site Plan–13-Unit Residential Building It was moved by Mr. Liapes, seconded by Mr. Pacheco, and passed on a vote of 6-0 by members Liapes, Conway, Joh, Tropea, Pacheco and Sugarman to adopt the resolution of approval for a Preliminary & Final Major Site Plan – 13-Unit Residential Building. Docket #27-22, Smadar Ben-Simhon, 811 Jassamine Way, Block 3554, Lot 3, Two Unit Dwelling This memorialization is being carried to the meeting of December 13, 2022. ACCEPTANCE/COMPLETENESS Docket #37-22, Alexander Schwartzman, 1217 Abbott Boulevard, Block 1255, Lot 4, Fence for Single Family Dwelling Mr. Schwartzman stated: My family and I are new to the community. We moved here from New York. About 80% of the fence is already there. We are just looking for an extension for the side yards to the existing tree line. I believe I submitted everything that you need. It was moved by Mr. Nitti, seconded by Mr. Joh, and passed on a vote of 7-0 by members Liapes, Nitti, Conway, Joh, Tropea, Pacheco and Sugarman to deem the application complete. Will call for a hearing date. EXTENSION OF TIME/SITE PLAN APPROVAL Docket #4-21, Edwin Glenn O’Connor, 1580 John Street, Block 3754, Lot 6, Two Unit Dwelling Mr. Cereste stated: We are here requesting a 1-year extension to October 30, 2023. We have another application currently before the Board, but we would like to preserve rights on this one. It was moved by Mr. Tropea, seconded by Mr. Liapes, and passed on a vote of 7-0 by members Liapes, Nitti, Conway, Joh, Tropea, Pacheco and Sugarman to grant a 1-year extension to October 30, 2023 for the Two Unit Dwelling. PUBLIC HEARINGS Docket #12-09, Fort Lee A.C. Condominium Association, Inc., 2029 Lemoine Avenue, Block 4751, Lot 11, Amendment to Resolution – Preliminary & Final Major Site Plan – Office/Retail/Club Development Chairman Sugarman stated this application is carried to the meeting of December 27, 2022. No further notice is necessary, time is waived for the Board to act. Page 3- ZBA Minutes – November 29, 2022 Docket #13-22, Broadwest Corp., 2149 & 2151 Hudson Street, Block 6151, Lots 7 & 8, Preliminary & Final Major Site Plan – 99 Unit, Multi-Family Residential Dwelling (continued from the public hearing of October 11, 2022) Chairman Sugarman stated this application is carried to a date in February to be chosen. New notice is necessary. Time is waived for the Board to act. Docket #18-21, 2130 Center Avenue, LLC, 2130 Center Avenue, Block 5952, Lot 1, Preliminary & Final Major Site Plan - 24 Unit Residential Building Over Parking (continued from the public hearing of October 11, 2022) Chairman Sugarman stated this application is carried to the meeting of December 13, 2022. No further notice is necessary, time is waived for the Board to act. Docket #36-22, Unity Bank, 899 Palisades Avenue, Block 553, Lot 5, Signage Marc Macri, Esq. representing the applicant. Exhibit A-1 – Revised Plans Peggy Ferron, Loumarc Signs, 178 Route 206, Hillsborough, was sworn in as a fact witness. Ms. Ferron stated: We are proposing three illuminated signs all the same size and style. Page 1 of the exhibit shows what we are proposing. They are halo letters. They stand off the back which is matte black. It illuminates off the back, so they give a nice soft glow. They stand off about an inch and a half. The letters are made of brushed stainless steel. The diamond is acrylic and matte back. Page 5 of the exhibit shows how the light is cast on the background in a soft glow. There is no spillage onto the neighboring properties. The diamond logo is the same size as the previous banks which is 36 inches. Page 6 of the exhibit shows the monument sign we are proposing. It is a metal sign with routed letters backed with acrylic. It allows the light to shine through the diamond and letters only. It is 108 inches high and 36 inches wide. Ms. Ferron went over the zoning schedule. Mr. Mariniello questioned: The monument sign is a rectangle facing in more than one direction? Ms. Ferron stated: Yes, it is double sided. Mr. Juzmeski questioned: What is the setback on the monument sign form the property line? Ms. Ferron stated: I don’t know. Mr. Juzmeski stated: It looks about five feet but needs to be over five feet per the ordinance. I think you can make five work if you were approved. Mr. Macri stated: We will comply. Page 4- ZBA Minutes – November 29, 2022 Chairman Sugarman stated: So, if approved the monument sign will be at least five feet off of the property line. Mr. Juzmeski questioned: Will you comply with the illumination time restrictions. Ms. Ferron stated: Yes. Mr. Juzmeski questioned: Why do you need a monument sign this size? Ms. Ferron stated: Identification purposes. Chairman Sugarman stated: If I had to guess it’s aesthetics. I don’t have a problem with this monument sign but that is the Chair’s opinion. Mr. Conway questioned: I have no problem with the building signs. I think the monument sign is excessive and could be an obstruction driving east on Columbia. Can we omit the monument sign? Mr. Macri stated: My client has authorized me to withdraw the monument sign. Mr. Juzmeski questioned: With the removal of the Connect One Bank signs you have discoloration. Will you be repairing that? Ms. Ferron stated: Yes, I believe it may have already been done. Chairman Sugarman asked for questions from the public. Chairman Sugarman asked for comments from the public. Mr. Liapes moved to approve the application with the monument sign removed from the application. It was moved by Mr. Liapes, seconded by Mr. Conway, and passed on a vote of 7-0 by members Liapes, Nitti, Conway, Joh, Tropea, Pacheco and Sugarman to grant the applicant approval for the wall signage with the removal of the monument sign. Docket #29-22, W&R Home Builders, LLC, 1036 Anderson Avenue, Block 356, Lot 9, Minor Subdivision – Single Family Dwelling & Two Unit Dwelling Mr. Liapes recused himself from the application and left the meeting. Mr. Macri stated: My client is the contract purchaser of this property. They would like to subdivide the property into two lots and put a new two unit dwelling and a single family dwelling upon the properties. Mark Martins, Mark Martins Engineering, LLC, 55 Walnut Street, Suite 201, Norwood, was sworn in as an engineer. Mr. Martins was sworn in and his credentials accepted as an engineer by Chairman Sugarman. Page 5- ZBA Minutes – November 29, 2022 Mr. Martins stated: This is Block 356, Lot 9 and lies on the southeasterly corner of Anderson and Bluff. It is an irregular shape lot. There is currently a single family home, detached garage and patios upon the property. We will remove all of these. The corner lot will be 9.01 and have the two unit upon it and lot 9.02 is the easterly lot that will have the single family upon it. Both lots are conforming in lot area. They are both non-conforming for lot width and one is non-conforming for lot depth. Mr. Macri questioned: Did you review Neglia’s letter dated October 11, 2022? Mr. Martins stated: Yes. Mr. Macri questioned: On page 4 it should say 5,000 square feet for lot area and not 7,500 square feet. Correct? Mr. Juzmeski stated: Our review letter says 7,500 square feet but it is 5,000 square feet. So, the lot is conforming. Chairman Sugarman questioned: Is this a one and two family? Mr. Juzmeski stated: It is conforming for a single family in a single family zone. Chairman Sugarman stated: So, this application is for a subdivision with three families replacing a single family. Chairman Sugarman asked for questions from the public. David Spatz, 60 Friend Terrace, Harrington Park. Mr. Spatz was sworn in and his credentials accepted as a planner by Chairman Sugarman. Exhibit A-1 – Photo of Site and Surrounding Area Top left- Subject Property Top right- Looking to the right Bottom left- Looking to the right on Bluff Bottom right- Looking to the left Mr. Spatz stated: The property is in an R-2 Zone. Both lots are conforming as to lot area. The minimum lot size requirement conforms. In terms of use, the single family fronts on Bluff. The two unit is fronting on Anderson. The two unit is not permitted. In the vicinity of the proposed application there are a number of two families. Directly across the street there is a two under construction. We are promoting the public health and are providing housing in the area. For the density, the single family is supported. The two family is not but there are a number of two’s in the area. It is well suited for the area. Both are conforming to minimum lot size and area adjacent to two families. I don’t think there is anything substantially negative. We are proposing a two family that in non conforming but it is consistent. Chairman Sugarman questioned: You mentioned there are a number of twos on Anderson. The ones on Anderson are existing but there is one under construction. Is that one replacing a two? Page 6- ZBA Minutes – November 29, 2022 Mr. Spatz stated: I am not sure. Chairman Sugarman questioned: The twos that are existing, are they newer, existing non-conforming? Mr. Spatz stated: I am not sure, but they are older homes. Chairman Sugarman stated: The new one probably replaced an existing two. Mr. Spatz stated: That is possible. Mr. Juzmeski questioned: The subdivision needs another variance for additional right of way. You need fifty feet, and you have twenty feet. Can you provide testimony? Mr. Spatz stated: All of the dwellings on Bluff are all in the same condition including the newer homes. Chairman Sugarman stated: The right of way is now governed by the current laws. The rest are existing, so they need a variance. Mr. Juzmeski stated: What necessitates the variance is the subdivision. If it was a normal development, it wouldn’t need this variance. Mr. Macri stated: We are asking for a vote on the subdivision only. If it is approved, we will proceed with the one and two family. Chairman Sugarman asked for questions and comments from the public. Mr. Conway stated: 1121 Anderson Avenue is the first house that I owned. There are all older one and two family homes in the area. The two families that are there you don’t even notice. I am making It was moved by Mr. Conway, seconded by Mr. Luppino, and passed on a vote of 7-0 by members Nitti, Conway, Joh, Tropea, Pacheco, Luppino and Sugarman to deny the application for a Subdivision. I am making a motion to deny. ADJOURNMENT It was moved by Mr. Pacheco, seconded by Mr. Nitti, to adjourn the meeting at 8:19 p.m. Respectfully submitted, Christen S. Trentacosti Christen S. Trentacosti Recording Secretary