Board of Adjustment/Zoning Board

FORT LEE BOARD OF ADJUSTMENT December 27, 2022 Present: H. Liapes, J. Nitti, D. Conway, L. Pacheco, J. Luppino, E. Hong, D. Sugarman Absent: H. Joh, S. Tropea Also Present: J. Mariniello, Jr., Esq., D. Juzmeski, Neglia Eng. Chairman Sugarman called the meeting to order at 7:32 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. Pacheco, seconded by Mr. Conway, and passed on a vote of 3-0 by members Conway, Pacheco and Sugarman to approve the minutes of the meeting of December 13, 2022. Memorializations Docket #4-21, Edwin Glenn O’Connor, 1580 John Street, Block 3754, Lot 6, Extension of Time - Two-Unit Dwelling It was moved by Mr. Nitti, seconded by Mr. Pacheco, and approved on a vote of 5-0 by members Liapes, Nitti, Conway, Pacheco and Sugarman to grant the applicant an Extension of Time. Acceptance/Completeness Docket #40-22, 2220 Mackay Avenue, LLC, 2220 Mackay Avenue, Block 5951, Lot 16, Two Unit Dwelling Page 2-ZBA Minutes-December 27, 2022 It was moved by Mr. Pacheco, seconded by Mr. Liapes and approved on a vote of 7-0 by members Liapes, Nitti, Conway, Pacheco, Luppino, Hong and Sugarman to deem the application complete. Mr. Macri will call for a hearing date. Docket # 41-22, FBE Properties, LLC, 1419 Oleri Terrace, Block 2455, Lot 10, Minor Subdivision & Two (2), Single Family Dwellings It was moved by Mr. Luppino, seconded by Mr. Conway and approved on a vote of 7-0 by members Liapes, Nitti, Conway, Pacheco, Luppino, Hong and Sugarman to deem the application complete. Mr. Macri will call for a hearing date. Docket #43-22, 243 Slocum Way, LLC, 243 Slocum Way, Block 3956, Lot 35, Two Unit Dwelling It was moved by Mr. Pacheco, seconded by Mr. Luppino and approved on a vote of 7-0 by members Liapes, Nitti, Conway, Pacheco, Luppino, Hong and Sugarman to deem the application complete. Mr. Macri will call for a hearing date. Public Hearings Docket #12-09, Fort Lee A.C. Condominium Association, Inc., 2029 Lemoine Avenue, Block 14751, 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 January 10, 2023. No further notice is necessary, time is waived for the Board to act. Docket # 31-22, Gerald & Jilian Calabrese, 262 Harmon Avenue, Block 2356, Lot 4, Pool & Rear Yard Landscape Chairman Sugarman stated this application is carried to the meeting of January 17, 2023. No further notice is necessary, time is waived for the Board to act. Docket #32-22, HLC Development, LLC, 411 Jane Street, Block 4057, Lot 10, Two Unit Dwelling Chairman Sugarman stated this application is carried to the meeting of January 10, 2023. No further notice is necessary, time is waived for the Board to act. Docket #34-22, Edwin Glenn O’Connor, 1580 John Street, Block 3754, Lot 6, Amendment to Two Unit Dwelling Chairman Sugarman stated Mr. Luppino is recused from this application. We have 6 voting members. Page 3-ZBA Minutes-December 27, 2022 Mr. Cereste stated we were previously before this Board and approved. We are here tonight and the proposal is for eliminating the rooftop deck. There will be parking under the building and we plan to add 1 bedroom to the 1st floor. There will now be 3 bedrooms on the first floor and 3 bedrooms on the second floor. The variances are the same and we are enclosing the garage. Vassilios Cocoros, Architect, 467 Sylvan Avenue, Englewood Cliffs was sworn in and his credentials accepted by Chairman Sugarman. Mr. Cocoros stated the footprint is the same but we are adding a garage and removing the rooftop deck. We are in the R3 zone. This is a 3 story building. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski stated we need revised engineering plans if this gets approved. Chairman Sugarman asked for questions from the public. Mr. Cereste stated we feel this is in line with the neighborhood scheme. Chairman Sugarman asked if any member of the public would like to come up, be sworn and testify on the application. It was moved by Mr. Pacheco seconded by Ms. Hong, and passed on a vote of 6-0 by members Liapes, Nitti, Conway, Pacheco, Hong and Sugarman to grant the applicant approval to amend a Two Unit Dwelling. Chairman Sugarman stated Mr. Luppino returned to the meeting. Docket #35-22, Tom Hunter, Developers, LLC, 1533 Center Avenue, Block 3855, Lot 9, Minor Subdivision & Two (2) Two Unit Dwellings Mr. Macri stated this application is for a subdivision of two lots and to construct two 2 unit dwellings. Mark Martins, Engineer, 55 Walnut Street, Norwood was sworn in and his credentials accepted by Chairman Sugarman. Mr. Martins stated the frontage is 108.7 and 100 feet at Center Avenue. The total lot size is 18,700 square feet. Currently there is a one story brick dwelling, driveway and an attached garage on the property. There are no current drainage improvements on the property. We propose to subdivide the lot to lots 9.01 and 9.02. The property is in the R2 zone. Exhibit A1-Colorized plan prepared by Mark Martins. The driveways are level with Tom Hunter Road. There will be retention chambers under the Page 4-ZBA Minutes-December 27, 2022 driveways. A retaining wall is proposed in the rear. Utilities will go to Tom Hunter Road. Landscaping Plan – The rear yards will have arborvitae planted. Myers Yews and azaleas will be on the sides. 12 trees are to be removed and we will make a contribution to the Borough Tree Fund for the trees. The Engineer’s letter dated December 20, 2022 will be complied with. We request a variance from Borough Ordinance 365-12C. Chairman Quinn asked for questions from the Board. Mr. Juzmeski asked this is a corner property and there is a stairway in the triangle. Can you confirm that there is clear site? Can the stairs be moved back? Mr. Martins stated I defer this to the Architect. Chairman Quinn asked for questions from the Board. Chairman Quinn asked for questions from the public. Jonathan Lester, 334 Tom Hunter Road, Fort Lee stated I live next door. Is there a variance for height? Mr. Martins stated the Architect will answer this. Mr. Lester asked will each driveway hold 2-3 cars? Mr. Martins stated yes, two cars in the garage and 2 cars in the driveway. Vassilios Cocoros, Architect, 467 Sylvan Avenue, Englewood Cliffs was sworn in and his credentials accepted by Chairman Sugarman. Mr. Cocoros stated the corner Lot is Lot 9.02. A side by side two family dwelling is proposed. Staircases are on the side. Each driveway is 19 feet wide. The driveway is stepped. There is a rooftop deck. Both houses are the same size. The corner dwelling is moved away from the corner. Sheet 2 – The first floor consists of a garage, utility room, bathroom, recreation room and three closets. The second floor has a deck, kitchen, eating area, dining room, living room, powder room, one closet and family room. The third floor proposal is for 2 bedrooms and a bathroom, five closets, laundry room, master bathroom and master bedroom. The fourth floor will have a bathroom, finished attic space and wet bar, roof balcony, and one closet. We follow the existing grade of the property. Chairman Quinn asked for questions from the Board. Mr. Juzmeski asked if the stairway could be moved to the site triangle? Mr. Cocoros stated we can minimize two steps and move the railing. Page 5-ZBA Minutes-December 27, 2022 Mr. Juzmeski stated one driveway is close to the intersection. Can it be made 18 feet? I’m concerned with the curb cut. Mr. Cocoros stated we can make a 3 foot flare in the curb cut. Chairman Quinn asked for questions from the public. Mr. Lester asked how far is this property from the property line? Mr. Cocoros stated 6 ½ feet. 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-across the street Bottom left-from Center Avenue Bottom right-looking to the left, south Mr. Spatz stated there is a mixture of uses in the neighborhood. We need a use variance and one D variance for FAR. The lots conform with the dimensional requirements. There are side, rear coverage and height variances. I think this site is in character for this proposal. There is a conforming amount of parking. We propose drainage improvements. Two family homes are not permitted in this zone. This is on a corner property. FAR variance - the property can support the additional FAR. The D variances can be supported. We are only slightly higher as to what is permitted in the zone. Chairman Quinn asked for questions from the Board. Mr. Juzmeski asked for testimony on the C variance. Mr. Spatz stated 50 feet is required but Tom Hunter Road is only 40 feet. Chairman Quinn asked for questions from the public. Bei Zhu, 1525 Center Avenue, Fort Lee stated he lives behind the proposal. When you drive down Center Avenue there are no two family homes or staircases. The building height stated 34’.12” but the plans state it is higher. Mr. Cocoros stated the building height is calculated from the midpoint at 8 points around the building. I have the elevation. We take average grade and measure to the midpoint of the roof. Chairman Sugarman asked if any member of the public would like to come up, be sworn and testify on the application. Mr. Lester, 334 Tom Hunter Road stated I know the property was bought as is. My concern is Page 6-ZBA Minutes-December 27, 2022 there is hazardous material on the property. I want it on the record that when this is taken down it will be done responsibly. This will have an impact on everyone’s life and will change the block. Mr. Zhou stated I think when you drive down Center Avenue this will change the look. The staircase is very close to the corner. There are 15 trees being removed, not 12. I don’t know if this is the best thing for the town. The building is taller than all the surrounding buildings. This is a 4 story building. I don’t think this is necessary. There are a lot of animals on the property. It was moved by Mr. Pacheco, seconded by Mr. Liapes, and passed on a vote of 7-0 by members Liapes, Nitti, Conway, Pacheco, Luppino, Hong and Sugarman to grant the applicant Minor Subdivision approval and approval to Construct Two (2) Two Unit Dwellings. Docket #39-22, 1028 Abbbott, LLC, 1028 Abbott Boulevard, Block 454, Lot 6, Two Unit Dwelling Mr. Macri stated currently there is a two family dwelling on the property. They propose to construct a new two family for the owner’s family to live in. Mark Martins, Engineer, 55 Walnut Street, Norwood was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A1-Colorized plan Mr. Martins stated the lot is 75’ x 100’ – 7,500 square foot lot. There is a two story frame dwelling with a detached garage on the property. The applicant proposes to remove the existing structures and construct a new two family dwelling. They’re not changing the existing grade. The roof run-off will go to detention chambers in the front and back. Utilities will go out to the street. Landscaping Plan-there is one tree to be removed and it will be replaced. We will comply with the report from Neglia dated December 21, 2022. Chairman Quinn asked for questions from the Board. Mr. Juzmeski asked where the HVAC will be located – internal or external? Mr. Martins stated it will be behind the building in the rear. Mr. Juzmeski stated please provide the location on the plan. Chairman Quinn asked for questions from the public. Claudio Tarabocchia, 1029 Abbott Boulevard stated he lives behind the property. He asked if they required a variance when the home was purchased? Page 7-ZBA Minutes-December 27, 2022 Mr. Macri stated this is a pre-existing condition and they received their CO when the home was purchased. Vassilios Cocoros, Architect, 467 Sylvan Avenue, Englewood Cliffs was sworn in and his credentials accepted by Chairman Sugarman. Mr. Cocoros stated a two family dwelling is proposed but it appears to be a one family dwelling. There is a center hall appearance. The proposal is an all brick structure. Sheet A2-floor plans-we tried to minimize all the variances. There is a variance for the deck and driveway width. The basement will consist of a crawl space, recreation room, bathroom, hallway, 3 closets, and utility room. The first floor has a two car garage, den, eating area, kitchen, dining room, living room, powder room, 2 bedrooms, bathroom, master bedroom, master bathroom, deck, laundry area and 8 closets. The second floor will have a den, balcony, eating area, kitchen, dining room, living room, two bedrooms, powder room, bathroom, laundry area, master bedroom, master bathroom, deck and 7 closets. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked what is the width of the driveway? Mr. Cocoros stated 22 feet. Chairman Sugarman asked for questions from the public. Alex Spiegler, 1025 Abbott Boulevard, Fort Lee stated we appreciate you trying to make this look like a one family home. If you wanted to make this into a duplex would a variance be required? Mr. Macri stated yes. Mr. Tarabocchia asked how difficult would it be to change the design of the 2 front doors to one door in front and one on the side? Mr. Cocoros stated it would be very difficult. 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, 2 family home Top right-to the right Bottom left-to the left, north, single family Bottom right-opposite side Mr. Spatz stated we tried to make this house fit in. One C variance is required for the rear yard. Page 8-ZBA Minutes-December 27, 2022 The property is well suited for what we are proposing. The site is larger than the adjacent lots. The C variance is required because the deck projects into the rear yard. The building has been designed to fit in with the neighborhood. There is a conforming amount of parking on site. Chairman Sugarman asked for questions from the Board. Chairman Sugarman asked for questions from the public. Mr. Tarabocchia asked if this house can be sold as two separate units? Mr. Spatz stated yes, the change would have to come back to the Board. Mr. Tarabocchia asked why there are two front doors? Mr. Spatz stated there is a double door to go with the size of the house. Chairman Sugarman asked if any member of the public would like to come up, be sworn, and testify on the application. Mr. Tarabocchia stated I didn’t realize it was already a two family home. The entire neighborhood is one family. I’d like to see the door be a single door. It was moved by Mr. Luppino, seconded by Mr. Conway, and passed on a vote of 7-0 by members Liapes, Nitti, Conway, Pacheco, Luppino, Hong and Sugarman to grant the applicant approval to construct a Two Unit Dwelling. ADJOURNMENT It was moved by Mr. Pacheco, seconded by Mr. Nitti to adjourn the meeting at 8:55 p.m. Respectfully submitted, Linda Garofalo Linda Garofalo Recording Secretary