Board of Adjustment/Zoning Board

FORT LEE BOARD OF ADJUSTMENT December 12, 2023 Present: H. Liapes, D. Conway, H. Joh, S. Tropea, L. Pacheco, J. Luppino, D. Sugarman Absent: J. Nitti, E. Hong 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. Chairman Sugarman wished Vassilios Cocoros a Happy Birthday. Approval of Minutes It was moved by Mr. Liapes, seconded by Mr. Tropea and passed on a vote of 6-0 by members Liapes, Conway, Joh, Tropea, Luppino and Sugarman to approve the minutes of the meeting of November 28, 2023. Public Hearings 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 and Signage Chairman Sugarman stated Mr. Luppino is a voting member tonight. Mr. Macri is representing the applicant. Mr. Macri stated a few yeas ago this location was approved for a Carvana. We are no longer proceeding with this application. Steven Collazuol, Engineer, 1610 Center Avenue, Fort Lee was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A1 – site plan – the property is in the C3 zone. Sheet 6 is a topographical survey. The Page 2-ZBA Minutes-December 12, 2023 entrance is on the easterly side of Bridge Plaza. The storm water runs to drains on Bridge Plaza and Lemoine Avenue. Sheet 2 shows the proposed building. There’s parking on both sides. The exits are on Lemoine Avenue. Retention systems are on the east and west sides of the lot. The landscape plan is colorized in green. Bridge Plaza, left and right sides of the entrance way, and the exit will all be landscaped. The October 4, 2023 Neglia report will be complied with. The surveyor missed the pine tree and two trees that will be removed. A contribution will be made to the Borough Tree Fund. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked about the two egress driveways to Lemoine Avenue. Are these necessary? Mr. Collazuol stated DOT will comment on this. Mr. Conway asked how many feet are there between the driveway and Bridge Plaza south? Mr. Collazuol stated 50 feet. 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 the proposal is for a retail use. Mr. Cocoros stated the drive through can accommodate a line of cars. The building is 30’ 4” tall. Page 2 shows six parking spaces off of Lemoine Avenue. There are nineteen parking spaces against the building. There are two ADA handicap spaces. Glass and cladding will be used for the exterior. 30” and 20” letters to be used for the signs on Lemoine Avenue, Bridge Plaza south and the rear and left side of the building. We request a variance for the signage. The building will be sprinklered. The back corner has a fire hydrant. Two dumpsters will be used and a truck can pull right in, to the front. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski stated the proposal needs to remain compliant with the parking calculations. Mr. Cocoros stated there will be glass on the bottom of the building and solid on top with an overhang. Mr. Macri stated we will return to the Board if there is an issue with parking. We are close to the Municipal Parking lot. Mr. Juzmeski asked if the lighting will be illuminated? Page 3-ZBA Minutes-December 12, 2023 Mr. Cocoros stated yes. John Corak, Traffic Engineer, Stonefield Engineering, 92 Park Avenue, Rutherford was sworn in and his credentials accepted by Chairman Sugarman. Mr. Corak stated Carvana went through with DOT approval. Chairman Sugarman asked for questions from the Board. Mr. Luppino asked if there are two exit driveways? Mr. Corak stated yes. Mr. Liapes asked if someone is driving north on Lemoine Avenue what is to prevent them from making a right? Mr. Corak stated the layout prohibits this. 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-the site - existing bank Top right-across the street Bottom left-diagonally across the street Bottom right-across the street, Citibank We need a D1 use variance, C variances and variances for the signs. All building codes will be met. Parking is being provided. The building will be improved. Drainage improvements and landscaping are being provided. The signs are appropriate. We are 650 square feet over what is allowed. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked if the signs are consistent with the neighborhood? Mr. Spatz stated yes, this is a busy street. 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. Page 4-ZBA Minutes-December 12, 2023 It was moved by Mr. Luppino, seconded by Mr. Tropea and passed on a vote of 7-0 by members Liapes, Conway, Joh, Tropea, Pacheco, Luppino and Sugarman to grant the applicant Preliminary & Final Major Site Plan approval. Docket #32-23, 2470 Rossett Builders, LLC, 2470 Rossett Street, Block 6953 Lot 15, Preliminary & Final Major Site Plan – Three Unit Dwelling Mr. Macri is representing the applicant. Mr. Macri stated we plan to demolish the two family dwelling on the property and the proposal is for a three unit dwelling. Mark Martins, Engineer, 55 Walnut Street, Norwood was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A1-colorized plans- sheet 1 dated September 15, 2023. The lot is irregularly shaped. There is a two family dwelling on the property. We propose to demolish all structures on the property and construct a three unit dwelling. Cultec systems will be under the driveways. Landscape plan-six trees to be removed and a contribution will be made to the Borough Tree Fund. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked are there are six or sixteen trees? Mr. Martins stated there are six, that is a typo. Chairman Sugarman asked for questions from the public. Raffaele Bernardo, 1 Rossett Street, Englewood Cliffs was sworn in and his credentials accepted by Chairman Sugarman. Mr. Bernardo stated I am concerned with these two trees. Is there a plan to replace them? Mr. Martins stated yes, we can. Abdel Kahtane, 2460 Rossett Street, Fort Lee asked if the land is sloped or will it stay the same? Mr. Martins stated a one foot wall is proposed, everything else will stay the same. Vassilios Cocros, Architect, 467 Sylvan Avenue, Englewood Cliffs was sworn in and his credentials accepted by Chairman Sugarman. Page 5-ZBA Minutes-December 12, 2023 He stated the house has 3 levels with a roof deck. There is a roof over the front door, garage entry, bay windows, roof deck, attic level, entry door on the side, sliding glass door and the basement door. Green giant arborvitae will be planted for privacy. A brick front and stucco panelized system will be used for the exterior. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked if there will be any glare from the lights? Mr. Cocoros stated there will be no spillage. Mr. Juzmeski asked if the width of the driveway could be reduced? Mr. Cocoros stated the two outside ones can be reduced, the A & C units. Raffaele Bernardo asked about the driveway. There is very little parking. What is the plan for the snow? Mr. Cocoris that there’s 3 feet on each side. Mr. Bernardo asked if there’s a plan for the snow in a heavy snowstorm? Mr. Macri stated the snow will be shoveled to each side and the garage can be used for the cars. 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, 2 family home Top right-to the north, Englewood Cliffs Bottom left-to the south, one and two family homes Bottom right-across the street, large two family home There are variances for FAR, building height, building area and C variances. The two families on Rossett Street are 50 feet wide. There will be parking on the property. The property can support this building. Additional landscaping will be provided. Side and rear yard variances are required for the decks and entrances. We exceed building coverage by 443 square feet. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked what is the height of the building? Mr. Spatz stated 32 feet is permitted, 36.06 feet is proposed. Page 6-ZBA Minutes-December 12, 2023 Chairman Sugarman asked for questions from the public. Abdel Kahtane asked what is the height to the top of the fourth floor? Mr. Spatz stated The top floor is recessed. The height is measured from the midpoint of the peak grade. Abdel Kahtane asked if there are windows on the side? Mr. Spatz stated yes. Hyang Kim, 2 Rossett Street, Englewood Cliffs asked about the fourth floor. The owner can see everything, this is the highest building in the area. Chairman Sugarman asked if any member of the public would like to come up, be sworn and testify on the application. David Shin, 2467 Rossett Street, Fort Lee stated I believe the rules are to protect everyone. Everyone should follow the rules. We have a right to quiet enjoyment. This is a quiet neighborhood, all the homes are two stories. Construction should be limited to two family homes. There are rules and regulations to follow. Raffaele Bernardo stated the applicant is requesting thirteen variances. The schools are busting at the seams. Parking is an issue and it’s getting worse with all the construction. Abdel Kahtane stated I am the neighbor. This is a quiet neighborhood. We will have no privacy. The entrances are on the sides. Six cars can park and where will the guests park? The height is an issue also. Lee Woosak, 2 Rosssett Street, Fort Lee stated the harmony and balance of the neighbors is very important. I ask you to take this seriously about the height. Hyang Mi Kim, 2 Rossett Street, Fort Lee stated we are not happy about this. We already suffer with the parking issue. The roads are very crowded. Our guests cannot park in front of my house. The Board took a break at 9:05 and returned at 9:10 pm. It was moved by Mr. Conway, seconded by Mr. Pacheco and passed on a vote of 7-0 by members Liapes, Conway, Joh, Tropea, Pacheco, Luppino and Sugarman to grant the applicant Preliminary & Final Major Site Plan approval. Page 7-ZBA Minutes-December 12, 2023 Docket #33-23, Qi Guo, 2039 Marguerite Street, Block 4451, Lot 6, Two Unit Dwelling Mr. Macri is representing the applicant. Harry Tuvel, Engineer, GB Engineering, 629 Reiss Court, Ridgefield was sworn in and his credentials accepted by Chairman Sugarman. Mr. Tuvel stated the lot is 50 x 100 on the north side. The lots are all similar in size, in the area. The proposal is for a two family side by side dwelling. There’s a mild slope from front to back. There will be two seepage pits in the front driveways. We will comply with the Neglia report. Chairman Sugarman asked for questions from the Board. Chairman Sugarman asked for questions from the public. Hojoon Chung, Architect, JS Designs, 21 Grand Avenue, Palisades Park was sworn in and his credentials accepted by Chairman Sugarman. Mr. Chung stated page A1 of 3 is dated October 18, 2023. Two car garages will be provided for each unit, a finished basement, powder room, rear door and boiler room on the main level. The first floor will consist of stairs to the door, living room, dining room, kitchen, family room and a powder room. The second floor will have three bedrooms, a master bedroom with bath, laundry area, two bedrooms and one additional bathroom. The attic space will consist of a recreation area and powder room. The height is 34.91 feet, this is four stories. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked if all the lights are covered? Mr. Chung stated yes and they will provide a lighting plan. 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, vacant single family home Top right-to the north, two family homes Bottom left-to the south Bottom right-across the street, two family older homes We are in the R3 district. There are two D variances for FAR and density. C variances are required for building height. Two family homes are permitted in this zone. The site is vacant. The property can support the FAR. The coverage exceeds by 186 square feet. We meet front Page 8-ZBA Minutes-December 12, 2023 and rear yard setbacks. The building fits in with the property. We are one half story over what is permitted. Mr. Macri stated we will comply with all Department reports. 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. It was moved by Mr. Tropea, seconded by Mr. Liapes and passed on a vote of 7-0 by members Liapes, Conway, Joh, Tropea, Pacheco, Luppino and Sugarman to grant the applicant approval to construct a Two Unit Dwelling. Docket #34-23, Bridgeway Homes, LLC, 1041 Palisade Avenue, Block 555, Lot 8, Minor Subdivision & Three (3) Single Family Dwellings Mr. Macri is representing the applicant. He stated we plan to demolish the exiting structure, subdivide the property into three lots and construct three homes. Steven Collazuol, Engineer, 1610 Center Avenue, Fort Lee was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A1-colorized landscaping plan. The frontage is along Palisade Avenue. Sheet two shows what’s currently on the site. This is a 2½ story dwelling with a garage and walkway. There’s a large patio and trees on the site. The plan is to subdivide the lot into three parcels. The houses would face along Bluff Road. The Neglia report will be complied with. The landscape plan is colorized. Purple plum trees will be planted in the rear, eleven trees removed, and eight trees planted. A contribution will be made to the Borough Tree Fund. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski stated the letter states you are required to pave Bluff Road. Mr. Collazuol stated we will repave what is disturbed. Mr. Luppino stated there’s a variance request for being short 5,000 square feet. Mr. Martins stated yes. Chairman Sugarman asked for questions from the public. Page 9-ZBA Minutes-December 12, 2023 Stephanie Anelli, 201 Bluff Road, Fort Lee asked where is the dry well? Mr. Martins stated this is for drainage and it will be installed in the front yards. Ms. Anelli asked how will this be tested? Mr. Martins stated the water percolates into the ground. The calculations are in line with Fort Lee. Ms. Anelli asked why the road is not being widened? Mr. Martins stated Bluff Road is 32 feet. To widen it doesn’t make sense. There’s no parking on the street. Marc Goldstein, 1087 Cumbermeade Road, Fort Lee asked what is the lot coverage? Mr. Martins stated the Architect will answer this. Vassilios Cocoros, Architect, 467 Sylvan Avenue, Englewood Cliffs was sworn in and his credentials accepted by Chairman Sugarman. Mr. Cocoros stated this is Lot 8.03. It is a three story configuration. There is a basement, first and second floor. The total is 2,164 square feet. Sheet A2-basement-2 car garage, guest room, bathroom, recreation room, theater, deck and elevator. The first floor has a living room, dining room, powder room, guest room, bathroom, kitchen, family room and a deck. The second floor has a master bedroom with ensuite bathroom, 2 additional bedrooms and closets. All the bedrooms have their own bathrooms. Lot 8.02 is the middle dwelling. It is similar in configuration. The entry is in the center, living room, guest room, 2 car garage, recreation room, theater, bathroom and utility room. The first floor consists of a dining room, living room, elevator, pantry, powder room, closet, guest room, bathroom, kitchen and family room. The second floor has four bedrooms, closets, and three bedrooms have their own bathrooms. Lot 8.01 is three stories and basically the same configuration. It is a center hall colonial. Sheet A2-2 car garage, theatre, recreation room, guest room, elevator, utility room and bathroom. The first floor consists of a living room, dining room, kitchen, family room, pantry, powder room, closet, bathroom and guest room. The second floor has four bedrooms, master bedroom with ensuite bathroom, each bedroom has their own bathroom and linen closet. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski stated this is the R1 zone. There is a building coverage variance. Page 10-ZBA Minutes-December 12, 2023 Mr. Cocoros stated yes. Mr. Luppino stated the roof is high. Mr. Cocoros stated the height is 1’3” over the requirement. 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-from Bluff Road showing the garage Bottom left-to the right, west Bottom right-across the street We are in the R1 zone which permits single family dwellings. The proposal meets the purposes of zoning. The older home will be removed and replaced with three new homes. There will be buffering. Parking is being provided on site. Drainage improvements are being made. Landscaping is being provided. There is no parking on Bluff Road so there is no loss of street parking. Chairman Sugarman asked for questions from the Board. Chairman Sugarman asked for questions from the public. Mr. Julio Lasval, 1048 Cumbermeade Road, Fort Lee asked is it necessary to build three dwellings? Chairman Sugarman stated it is not necessady to ask this. Mr. Lasval stated the parking will be an issue with the overflow parking on Cumbermeade. Mr. Spatz stated we are providing parking. Ms. Eun Jessica Wong, 1033 Palisade Avenue, Fort Lee asked if the tree in the backyard is being removed? Mr. Spatz stated no. Ms. Wong asked how many trees are being removed? Mr. Spatz stated six trees are being removed. Page 11-ZBA Minutes-December 12, 2023 Ms. Wong asked if the height will be any higher than it is now? Mr. Collazuol stated no. Chairman Sugarman asked if any member of the public would like to come up, be sworn and testify on the application. Marc Goldstein, 1087 Cumbermeade Road, Fort Lee stated I am an Architect. We are asking for you to deny this application. The minimum lot size is not being met. The side yards are not being met. The lot is not large. We don’t want three homes, we want two homes. This proposal is not appropriate. Stephanie Anelli, 201 Bluff Road, Fort Lee stated these three homes should be two homes. I live here for 10 years. I am asking for this to be reconsidered, two homes would fit fine. Ms. Wong, 1033 Palisade Avenue, Fort Lee stated I am concerned that three homes on Cumbermeade will not be aesthetically pleasing. The deer hide in the shrubs, they will be gone. Mr. Julio Lasval, 1038 Cumbermead Road, Fort Lee stated this was a 128 year old home. The lot size is small and these are being squeezed in. It was moved by Mr. Luppino to deny the application, there was no second. No vote was taken. Chairman Sugarman stated this application is carried to the meeting of January 9, 2024. No further notice is necessary. Time is waived for the Board to act. ADJOURNMENT It was moved by Mr. Conway, seconded by Mr. Tropea to adjourn the meeting at 10:27 p.m. Respectfully submitted, Linda Garofalo Linda Garofalo Recording Secretary