Board of Adjustment/Zoning Board

FORT LEE BOARD OF ADJUSTMENT November 28, 2023 Present: H. Liapes, J. Nitti, D. Conway, H. Joh, S. Tropea, J. Luppino, E. Hong, D. Sugarman Absent: L. Pacheco Present: J. Mariniello, Jr., Esq., D. Juzmeski, Neglia Eng. Chairman Sugarman called the meeting to order at 7:35 p.m. NOTICE OF MEETING: The Chairman states: Let the minutes reflect that adequate notice of this meeting has been provided in the following manner: All members of this Body have been advised in writing at least 48 hours prior to this meeting of the time, place, and proposed Agenda of this meeting. A written notice of the time, place, and proposed Agenda was posted on the bulletin board of Municipal Building, 309 Main Street, Fort Lee, New Jersey. On the same date, a copy of said written notice was mailed to the Record, Jersey Journal, Time Warner Cable and Fort Lee Online. A copy was filed with the Borough Clerk and, on the same date, copies were mailed to all persons who have requested copies of such notices and have prepaid the fee fixed for the year 2023. Approval of Minutes It was moved by Mr. Liapes, seconded by Mr. Conway and passed on a vote of 7-0 by members Liapes, Conway, Joh, Tropea, Luppino, Hong and Sugarman to approve the minutes of the meeting of October 24, 2023. 2024 Calendar of Regular Public Meetings - Memorialization It was moved by Mr. Tropea, seconded by Mr. Joh and passed on a vote of 8-0 by members Liapes, Nitti, Conway, Joh, Tropea, Luppino, Hong and Sugarman to approve the Calendar of Regular Meetings for 2024. Memorializations Docket #29-23, Hossai Popal Farahi, 1147 Glen Road, Block 1156, Lot 10, Deck & Gazebo, Addition to Single Family Dwelling It was moved by Mr. Conway, seconded by Mr. Liapes and passed on a vote of 6-0 by members Liapes, Conway, Joh, Tropea, Hong and Sugarman to grant the applicant approval to construct a Deck and Gazebo addition to a Single Family Dwelling. Page 2-ZBA Minutes-November 28, 2023 Docket # 31-23, Samadar Ben-Simhon, 811 Jassamine Way, Block 155, Lot 9, Amended Two Unit Dwelling-Addition of Roof-Top Decks It was moved by Mr. Tropea, seconded by Mr. Liapes and passed on a vote of 6-0 by members Liapes, Conway, Joh, Tropea, Luppino and Sugarman to grant the applicant approval to construct an Addition of Rooftop Decks to a Two Unit Dwelling. Acceptance/Completeness Docket #33-23, Qi Guo, 2039 Marguerite Street, Block 4457, Lot 6, Two Unit Dwelling It was moved by Mr. Luppino, seconded by Mr. Conway and passed on a vote of 8-0 by members Liapes, Nitti, Conway, Joh, Tropea. Luppino, Hong and Sugarman to deem the application complete. Mr. Macri will call for a hearing date. Docket #34-23, Bridgeway Homes, LLC, 1041 Palisade Avenue, Block 555, Lot 8, Minor Subdivision & Three Single Family Dwellings It was moved by Mr. Tropea, seconded by Mr. Liapes and passed on a vote of 8-0 by members Liapes, Nitti, Conway, Joh, Tropea, Luppino, Hong and Sugarman to deem the application complete. Mr. Macri will call for a hearing date. Docket #35-23, 1639 Center Avenue, LLC, 1639 Center Avenue, Block 4151, Lot 31, Change of Use of First Floor Commercial Building It was moved by Mr. Nitti, seconded by Mr. Joh and passed on a vote of 8-0 by members Liapes, Nitti, Conway, Joh, Tropea, Luppino, Hong and Sugarman to deem the application complete. Mr. Song will call for a hearing date. Public Hearings Docket #25-23, 1550 Bergen Boulevard, LLC, 1550 Bergen Boulevard, Block 3454, Lot 10, Preliminary & Final Major Site Plan – Thirty-Two Unit, Multi-Family Building Richard Hubschmann announced his appearance, representing Westgate Coop Association. The letter from Mediterranean West Complex was discussed by Mr. Mariniello. He stated this Board does not accept letters. Any statements have to made in person. Mr. Molinelli introduced Matt Clark. Mr. Clark, Engineer, MCB Engineering Associates, 11 Furlow Street, Totowa was sworn in and his credentials accepted by Chairman Sugarman. Mr. Clark stated he prepared the Engineering plans dated May 5, 2023. He stated he visited the site and prepared the survey. Mr, Clark reviewed the Neglia report and Fire Prevention letter. The third sheet dated May 5, 2023 shows the above ground improvements. This is for a 5 story, Page 3-ZBA Minutes-November 28, 2023 32 unit, residential apartment building. Curbs and sidewalks will be replaced and fences installed. There will be a trash enclosure. The property is located in the PCR1 District. The lot is undeveloped but used to be a gas station and vehicle storage. The water flows south to north. The curb cut will be closed on Bergen Boulevard due to traffic. The front page of the plan lists the variances – minimum lot area, minimum lot area per family, minimum lot width required, minimum front yard setback, minimum side yard setback, density, maximum into vestibule, maximum solid fence height, off street parking and minimum side yard. The waivers are for – minimum driveway width, parking spaces, 54 required, 50 proposed. There is a deed restriction due to the gas station that used to be there. An elevator is proposed in the south area. Roof leaders will run to Bergen Boulevard. Exhibit A5 - Page 5 is a colorized landscape plan. The landscaping plan was discussed, 4 trees to be removed and 5 trees will be planted. Page 4 shows the sewer connection will be attached along Bergen Boulevard. Page 6 is the site lighting plan – wall mounted LED lights are proposed. There will be no spillage. Security lighting will be at the entrance and at the sidewalk. DOT, Soil Conservation District, Bergen County, and DEP will all be notified of this project. We will comply with the Neglia Engineering comments. Mr. Hubschmann stated there are 11 variances required, 3 design waivers, and 3 exceptions to the RSIS. Can the building be closer to Rt. 46? Mr. Clark stated the site distance and setbacks cause issues. Chairman Sugarman asked for questions from the Board. Mr. Conway asked if the water and sewers will be on Bergen Boulevard? Mr. Clark stated yes. Mr. Conway asked about the 13 foot wide delivery area and if there will be 2 curb cuts there? Mr. Clark stated no, they will pull in and back out. Mr. Mariniello asked about a monitoring well. Mr. Clark stated yes, one. Mr. Juzmeski stated there is a discrepancy in parking spaces. Mr. Clark stated there will be 50 parking spaces. Mr. Liapes asked about visitor parking? Page 4-ZBA Minutes-November 28, 2023 Mr. Clark stated the visitor parking is included in the calculations. The traffic expert will testify. Chairman Sugarman stated parking is a large concern especially on North Avenue. I have concerns you are short 4 parking spaces, plus one, so that’s 5 spaces. Maybe you can reduce the number of units. I think there’s some room to work on this so the parking can comply. Mr. Luppino stated right now, to lose the density variance you need to lose 5-6 units. Mr. Clark stated yes. Mr. Mariniello asked for the breakdown of the units. Mr. Clark stated there are 19 one bedroom units, 6 studios, 6 two bedroom units and 1 three bedroom unit. Chairman Sugarman asked for questions from the public. Ms. Cathy Lofaro, 555 North Avenue, shareholder at Mediterranean West asked about the May 9, 2023 memo wherein Mr. Clark stated that the site was not used for hazardous materials. Mr. Clark stated there is an ongoing clean-up going on. Ms. Lofaro asked there are 4 borings, the depth is 11-15 feet. What happens when digging for the parking? Mr. Clark stated this was discussed last night with the Board. Ms. Lofaro asked are there contaminants? Mr. Clark stated the DEP is monitoring the site. Mr. Nicholas Verderese, Traffic Engineer, 1904 Main Street, Lake Como was sworn in and his credentials accepted by Chairman Sugarman. Mr. Verderese stated he prepared a traffic assessment report dated August 10, 2023. There’s 3-4 bus stops in the area. I’m comfortable with the amount of parking spaces being provided. There are 12 trips in the peak hour. There are mostly residential buildings on this street. We closed the driveway that is on the highway. Exhibit A6-vehicle circulation exhibit Mr. Hubschmann asked Mr. Verderese if garages are gated? Page 5-ZBA Minutes-November 28, 2023 Mr. Verderese stated no. Mr. Hubschmann asked about the size used for the circulation exhibit? Mr. Verderese stated 19 feet. Mr. Luppino asked does the analysis information get into other side streets? Mr. Verderese stated no. Chairman Sugaman asked Mr. Verderese you used the term we are a “general suburban area” – 50 years ago we were a general suburban area. If the number of units is reduced from 32 to 28 the trip generation would go from 12 to 10. The parking would be brought into compliance. This is a major concern. Glen Herskowitz, Treasurer, 555 North Avenue, Fort Lee stated he is concerned with the traffic flow. Mr. Verderese stated we pushed the driveway back 55 feet. Mr. Herskowitz stated you testified there would be no gates. There is a need for a security gate which would cause traffic. Mr. Verderese stated I don’t have a concern. Mr. Herskowitz stated there is no accommodation for a moving truck. Mr. Verderese stated Mr. Clark stated we will make accommodations for this. At 9:20 the Board took a break. They returned at 9:27. Exhibit A7-Rendering of 1550 Bergen Boulevard, LLC. Raymond Virgona, Architect, 125 River Road, Edgewater was sworn in and his credentials accepted by Chairman Sugarman. Mr. Virgona stated the top photo is the north side of the building. The bottom is the Bergen Boulevard elevation. The building has a loft type look. It is brick, with black windows and grey colored siding. The bottom elevation shows the lobby entrance on the left. SK1-Architectural plans showing the two dimensional view. SK3-garage plan, ramp on the east side of the property. The parking level has an 8.6” ceiling. There will be no blasting. Page 6-ZBA Minutes-November 28, 2023 SK5-first residential floor-shows the layout. Chairman Sugarman asked is the den a bedroom? Mr. Virgona stated no. The penthouse floor was shown. This level is the fourth floor. The fifth floor was shown with the AC and heating units. There are no amenities. Mr. Hubschmann stated he is confused with the fourth and fifth floors. Mr. Virgona stated the third floor is the ground floor of the penthouse units. In the Neglia report dated November 21, 2023, it states the height is 44’ 56”. Mr. Clark stated the penthouse area is excluded and noted on the plan. Mr. Hubschmann asked will there be a superintendent? Mr. Virgona stated no. Mr. Hubschmann asked if the parking can be expanded? Mr. Virgona stated not very efficiently. Mr. Hubschmann asked if there are any fire safety concerns with the proximity of the other surrounding buildings? Mr. Virgona stated no, we are 15 feet away. Mr. Hubschmnn asked what was your thought process with deciding on the number of bedrooms? Mr.Virona stated this is a busy highway area. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked if the exterior is the same in the rear of the building? Mr. Virgona stated yes. Mr. Juzmeski is if there will be a back up generator for the elevator? Mr. Virgona stated it is not required. Page 7-ZBA Minutes-November 28, 2023 Mr. Conway asked how long it will take to construct the building? Mr. Virgona stated 16-18 months. Mr. Conway asked if they will be using a crane? Mr. Virgona stated it won’t be necessary. Mr. Conway asked where the delivery trucks will park? Mr. Virgona stated they will use Bergen Boulevard and the south end of the property. Mr. Conway asked how many employees will there be? Mr. Virgona stated probably one, they will park there during the day. Mr. Conway asked if there will be assigned spaces? Mr. Molinelli stated yes, there will be. Chairman Sugarman asked for questions from the public. Jody Kohl, 555 North Avenue asked about the open den. She stated my daughter put up walls and made a bedroom out of a den. Mr. Virgona stated we would not permit this. Management would do periodic inspections. Mr. Rafael Delvalle, 540 North Avenue stated this is a rental and there is no superintendent. How will you know if the building is being taken care of? Mr. Verderese stated someone will visit daily and do maintenance. The building is too small to warrant a full time employee. Cathy Lofaro, 555 North Avenue asked Mr. Vergona you stated before there will be no blasting. Will you use a hammer rock? Mr. Virgona stated no. Ms. Lofaro stated she is concerned with vibrations and trucks. Who is going to monitor the dens not becoming bedrooms? Mr. Virgona stated the management. Chairman Sugarman asked for questions from the public. Page 8-ZBA Minutes-November 28, 2023 Chairman Sugarman stated this hearing has been carried to the meeting of December 19, 2023. No further notice is necessary. Time is waived for the Board to act. Docket #28-23, 2088 Lemoine Avenue, LLC, 2088 Lemoine Avenue a/k/a State Route 67, Block 5351, Lot 5, Preliminary & Final Major Site Plan – Retail Building & Signage Chairman Sugarman stated this hearing has been carried to the meeting of December 12, 2023. Docket #32-23, 2470 Rossett Builders, LLC, 2470 Rossett Street, Block 6953, Lot 15, Preliminary & Final Major Site Plan – Three Unit Dwelling Chairman Sugarman stated this hearing has been carried to the meeting of December 12, 2023. ADJOURNMENT It was moved by Mr. Liapes, seconded by Mr. Nitti to adjourn the meeting at 10:20 p.m. Respectfully submitted, Linda Garofalo Linda Garofalo Recording Secretary