Board of Adjustment/Zoning Board

FORT LEE BOARD OF ADJUSTMENT September 10, 2024 Present: H. Liapes, J. Nitti, H. Joh, L. Pacheco, J. Luppino, E. Hong, D. Sugarman Absent: D. Conway, S. Tropea Present: Joseph Mariniello, Esq., D. Juzmeski, Neglia Eng. Chairman Sugarman called the meeting to order at 7:35 pm. Mr. Nitti arrived at 7:45 pm. Chairman Sugarman stated Mr. Hong and Mr. Luppino are voting members tonight. 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 2024. Approval of Minutes It was moved by Mr. Luppino, seconded by Ms. Hong and passed on a vote of 6-0 by members Liapes, Joh, Pacheco, Luppino, Hong and Sugarman to approve the Minutes of the meeting of August 13, 2024. Memorializations Docket #12-24, W & R Home Builders, LLC, 300 Coolidge Avenue, Block 6056, Lots 3 & 4 Minor Subdivision & Two, Two Unit Dwellings It was moved by Mr. Pacheco, seconded by Ms. Hong and passed on a vote of 5-0 by members Joh, Pacheco, Luppino, Hong and Sugarman to grant the applicant Minor Subdivision approval and approval to construct Two, Two Unit Buildings. Acceptance/Completeness Docket #17-24, Fifth Prospect, LLC, 2337 Fifth Street, Block 6852, Lot 1, Minor Subdivision & Final Major Site Plan – Three Unit Townhouse & Two Unit Dwelling Page 2, ZBA Minutes-September 10, 2024 It was moved by Mr. Joh, seconded by Ms. Hong and passed on a vote of 6-0 by members Liapes, Joh, Pacheco, Luppino, Hong and Sugarman to deem the application complete. This application will be heard on October 8, 2024. Docket #18-24, Stanley Kim, MD, 209 Tremont Avenue, Block 2556, Lot 8, Preliminary & Final Major Site Plan – Mixed Use – Medical Office and Residential Unit It was moved by Mr. Pacheco, seconded by Mr. Joh and passed on a vote of 6-0 by members Liapes, Joh, Pacheco, Luppino, Hong and Sugarman to deem the application complete. This application will be heard on October 8, 2024. Docket #19-24, 470 Palisades Blvd., LLC, 470 Palisades Boulevard, Block 1552, Lot 6, Preliminary & Final Major Site Plan – Three Unit Dwelling It was moved by Ms. Hong, seconded by Mr. Luppino and passed on a vote of 5-0 by members Joh, Pacheco, Luppino, Hong and Sugarman to deem the application complete. This application will be heard on October 22, 2024. Public Hearings Docket #8-24, Center 2215, LLC, 2130 Center Avenue, Block 5952, Lot 1, Preliminary & Final Major Site Plan – 24 Unit, Residential Building (continued from the public hearing of August 13, 2024) Mr. Macri stated this is a continuation from the August 13, 2024 meeting. We have made a formal Agreement with Mr. VanEck, representing Regency Coop, Incorporated. We have a settlement agreement. There are conditions of approval. Mr. VanEck thanked the Board for their time, respect and patience. Mr. Mariniello stated he’s reviewing his letter but he doesn’t know if some of the personal items should be included in the Resolution. Mr. VanEck stated I understand, we can discuss this further. Matthew Seckler, Traffic Engineer, Stonefield Engineering, 92 Park Avenue, Rutherford was sworn in and his credentials accepted by Chaiman Sugarman. Exhibit A7 – dated March 27, 2024 – Mr. Seckler stated we did the Traffic Impact Study. There are 2 access points. There’s a total of 49 parking spaces, 48 parking spaces are required. There is bus transit in this area. There will be 9 vehicles in and out at the busiest hours. At the intersection there are de minimis changes. The Bridge Plaza North parking spaces are being shifted to maintain the on street parking. Chairman Sugarman asked for questions from the Board. Page 3, ZBA Minutes-September 10, 2024 Mr. Juzmeski asked Mr. Seckler if the parking area is gated? Mr. Seckler stated the upper level is gated. 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 A8 – Photo Exhibit of Site and Surrounding Area Top left-subject property Top right-looking to 201 Bridge Plaza North and the driveway into the shopping center Bottom left-looking from Bridge Plaza North Bottom right-to the west, two office buildings Mr. Spatz stated we are in the R2 zone. A D variance for FAR and lot area per unit are required. Drainage improvements are being made. There is a conforming amount of parking provided. The properties on either side are both fully developed. Landscaping will be provided on site. No street parking is being lost. Mr. Pacheco asked if they could provide Police presence during construction? Mr. Macri stated yes. 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. Joh, seconded by Mr. Luppino and passed on a vote of 7-0 by members Liapes, Nitti, Joh, Pacheco, Luppino, Hong and Sugarman to grant the applicant Preliminary & Final Major Site Plan – 24 Unit, Residential Building approval. Docket #13-24, 823 Anderson, LLC, 823 Anderson Avenue, Block 352, Lot 9, Preliminary & Final Major Site Plan – Eight Unit Multi-Family Building (continued from the public hearing of July 23, 2024) Chairman Sugarman stated this application is carried to the meeting of September 24, 2024. No further notice is necessary, time is waived for the Board to act. Docket #15-24, Outfront Media, LLC, 1435 Bergen Boulevard, Block 2751, Lot 2, Minor Site Plan – LED Billboard Sign Chairman Sugarman stated this application is carried to the meeting of October 8, 2024. The applicant will re-notice. Page 4, ZBA Minutes-September 10, 2024 Docket #16-24, Byung Moon Choi & Ok Gyu Choi, 417 Catherine Street, Block 4055, Lot 11, Preliminary & Final Major Site Plan – Three Unit Dwelling Mr. Lee, representing the applicant, stated this property is in the R2 zone. To the right is a 4 story office building and a 3 family home. Mark Martins, Engineer, 55 Walnut Street, Norwood was sworn in and his credential accepted by Chairman Sugarman. Exhibit A1-colorized site plan dated June 11, 2024, 4 sheets. Mr. Martins stated the property is on the northern side of Catherine Street. There’s currently a brick dwelling with a patio on the site. A three family side by side unit is proposed. Sheet A2 is the grading and utility plan. Retention chambers will be installed under each driveway. The driveways are stepped down. There are 2 trees to be removed and 3 redbud trees to be planted. Junipers, boxwoods, arborvitae and azaleas will be planted. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski stated the side yard setback is 5 feet. The upper floors hang over 3 feet. Mr. Martins stated I agree. Mr. Juzmeski stated a structural engineer is needed to certify the retaining wall. Mr. Lee stated we agree to comply with all items in the August 27, 2024 letter from Neglia Engineering. Mr. Mariniello asked what is the zoning for the office building to the right? Mr. Martins stated R2. Mr. Luppino asked how wide is the left side driveway? Mr. Martins stated 10 feet wide, the house is set back and is an older home. Chairman Sugarman asked for questions from the public Andrea Meyer, 431 Jane Street, Fort Lee asked why is this a three family unit? This is a single family zone. Mr. Martins stated the Architect and the owner developed this. Mr. Mariniello stated they want to maximize the value of the property. Page 5, ZBA Minutes-September 10, 2024 Mr. Hajoon Chung, Architect, 381 Grand Avenue, Palisades Park was sworn in and his credentials accepted by Chairman Sugarman. Mr. Chung stated this is a 4 story building. Fire sprinklers will be installed. There will be Units A, B and C. Units A & C will be the same. The garage is on the ground level. The first floor consists of the living room, powder room, dining area, family room and kitchen. The second floor has 3 bedrooms, master bathroom and a shared bathroom. The third floor has a rooftop unit, powder room, bar sink and roof deck area. The elevations were shown. There will be 3 types of lights on the front, door area, side walls and canopy area. Exhibit A2-colorized rendering of the front and rear of the building There will be a 2 car garage for units A & C. Unit B will have a 1 car garage. There are 2 parking spaces outside for each unit. A total of 11 parking spaces are being provided. The height of the building is 40.23 feet. Chairman Sugarman asked if there is street parking? Mr. Lee stated there is no parking on this side of the street. Mr. Liapes asked what is the size of the lot? Mr. Lee stated it is 73’ x 100’. Mr. Pacheco asked how close is the neighbor in the rear? Mr. Lee stated the Architect will answer this. Mr. Luppino asked if units A & C are identical? Mr. Lee stated stated Unit A is 1,120 square feet, Unit C is the same and Unit B is 1,232 square feet. Mr. Luppino asked if this was a smaller home can you maintain the integrity? Mr. Chung stated no. Mr. Luppino asked what is the height in the front? Mr. Chung stated 30 feet. Mr. Nitti asked what type of door is being used for the basement? Mr. Chung stated it is a swinging door. Page 6, ZBA Minutes-September 10, 2024 Mr. Joh asked where are the AC units? Mr. Chung stated in the rear. Mr. Lee stated the owner agreed to using a sliding glass door. David Spatz, Planner, 60 Friend Terrace, Harrington Park was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A3-Photo Board of Site and Surrounding Area Top left-subject property, two family older home Top right-to the east, on the right there is a 4 story office building Bottom left-to the left, west Bottom right-3 family home under construction, across the street We are in the R2 zone which does not permit a 3 family home. The property is well suited for our proposal. There are a mixture of uses in the area. We are consistent with the neighborhood. The site can accommodate a larger building. We are providing a conforming amount of parking. The height is consistent with the neighborhood. Side yard and rear yard setback variances are required. The neighbors on each side are an office building and the driveway to the next door neighbor. We are providing drainage improvements. Landscaping is being done. There’s a conforming amount of parking. We are in character with the surrounding area. Planting strips are proposed. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked you propose filling the backyard 3 feet. What is the impact to the adjacent property? Mr. Martins stated this will be minimal. Mr. Juzmeski asked if the homes along the rear are two family? Mr. Spatz stated yes and to the west are single family and a 3 family. Mr. Joh asked Mr. Martins – the survey width shows 72.5’ and the rear is 72.15, but it also says 75’. Mr. Martins stated the Deed description states it overlaps. 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. Mr. Meyer, 431 Jane Street stated I have been a Fort Lee resident since 1996 and at this address for 16 years. I am located 1 ½ lots away from this lot. This area averages 8 properties on each street. On Jane Street there are 16 homes, 5 single family and 1 and 2 family. The others have Page 7, ZBA Minutes-September 10, 2024 all been changed to 2 family or larger. Center Street has no large trees on it, only shrubs. The garages turn into storage and cars are on the street. On Ann and Jane Streets the garbage truck can’t go around the corner, they have to back up. There is a water issue on Jane Steet, they all use sand bags when it rains. The homes are all changing, it’s not single family anymore. Mr. Choi, 417 Catherine Street was sworn in. He stated he has lived there for 24 years. We are proposing a 3 family because my daughter will be moving in one of the apartments and one will be for me. 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 Ms. Hong, seconded by Mr. Joh to approve the application, but denied on a vote of 2-5 for the Preliminary & Final Major Site Plan – Three Unit Dwelling approval. Mr. Joh and Ms. Hong voted to approve the application. Mr. Liapes, Mr. Nitti, Mr. Pacheco, Mr. Luppino and Chairman Sugarman voted to deny the application. ADJOURNMENT It was moved by Mr. Joh, seconded by Mr. Liapes to adjourn the meeting at 9:25 p.m. Respectfully submitted, Linda Garofalo Linda Garofalo Recording Secretary