Board of Adjustment/Zoning Board

FORT LEE BOARD OF ADJUSTMENT December 10, 2024 Present: H. Liapes, J. Nitti, L. Pacheco, J. Luppino, E. Hong, D. Sugarman Absent: D. Conway, H. Joh, S. Tropea 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 2024. Chairman Sugarman stated Mr. Luppino and Ms. Hong will be sitting in as voting members this evening. Approval of Minutes It was moved by Mr. Nitti, seconded by Mr. Liapes and passed on a vote of 4-0 by members Liapes, Nitti, Pacheco and Sugarman to approve the minutes of the meeting of October 22, 2024. 2025 Calendar of Regular Public Meetings It was moved by Mr. Pacheco, seconded by Mr. Luppino and passed on a vote of 6-0 by members Liapes, Nitti, Pacheco, Luppino, Hong and Sugarman to approve the Regular Public Meeting Dates for the 2025 Calendar. Acceptance and Completeness Docket #23-24, Fady Khella, 2239 Jones Road, Block 5551, Lot 6.01, Addition of Circular Driveway & Walkway to Single Family Dwelling It was moved by Mr. Nitti, seconded by Mr. Liapes and passed on a vote of 6-0 by members Liapes, Nitti, Pacheco, Luppino, Hong and Sugarman to deem the application complete. Mr. Khella will call for a hearing date. Page 2-ZBA Minutes-December 10, 2024 Docket #24-24, Kilky K. Kim, 221 Main Street, Block 4751, Lot 22, Preliminary & Final Major Site Plan – Renovation/Addition for Mixed Use Building – Two Retail Units & Four Residential Units It was moved by Ms. Hong, seconded by Mr. Pacheco and passed on a vote of 6-0 by members Liapes, Nitti, Pacheco, Luppino, Hong and Sugarman to deem the application complete. Mr. Macri will call for a hearing date. Public Hearings Docket #13-24, 823 Anderson, LLC, 823 Anderson Avenue, Block 352, Lot 9, Preliminary & Final Major Site Plan – Six Unit Multi-Family Building (continued from the public hearing of July 23, 2024) Mr. Alampi stated we were here in July, the Board indicated there were issues with the Site Plan. We have since revised the plans. We originally proposed 8 units and revised down to 6 units. Mark Martins, Engineer, 55 Walnut Street, Norwood was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A4- site plan dated August 30, 2024, sheet 2 of 4. We reduced the project to 6 units and reduced the size of the building. The height is now 35.27 feet. The FAR is now 0.84. The drainage plan has not changed. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked if he has applied to the County? Mr. Martins stated not yet. Mr. Juzmeski asked if the ADA parking space could be moved? Mr. Martins stated yes. Chairman Sugarman asked for questions from the public. Raymond Virgona, Architect, 125 River Road, Edgewater was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A5-new rendering dated August 6, 2024. Mr. Virgona stated he has prepared a new plan which has been reduced to 6 units. There are 6 garages and 2 sides to the building. The architectural style is the same. There’s stone, brick treatment and siding on the outside. Page 3-ZBA Minutes-December 10, 2024 Exhibit A6-two additional architectural sheets dated August 6, 2024. SK1 shows the building elevations. All 6 are two bedrooms, one is an affordable unit. S2 shows the floor plan. The building has a townhouse look. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked if there are any condensers? Mr. Virgona stated no. Mr. Virgona stated the building will be fully sprinklered. A 13R system is proposed. Mr. Nitti asked about trash and recycling? Mr. Virgona stated it will be in the garage and then go out to the curb. Mr. Luppino asked about decks and parking? Mr. Virgona stated the parking is indoor and outdoor. 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 A7-Photo Board of Site and Surrounding Area Top left-subject property Top right-down Columbia to the west Bottom left-to the opposite of Columbia & Anderson Bottom right-mixture of uses shown Mr. Spatz stated the variances are reduced. This is in the R3 zone. The FAR is now 0.84. The permitted FAR is .75. D variances are required for use and a height variance is required. The site is well suited for the proposal. The building is designed to fit in with the neighborhood. The height has been reduced to 35.27 feet. There is a rear setback variance which is the same as the building on the site. Building coverage exceeds but has been reduced. There is a conforming amount of parking being provided. We are in character with the surrounding uses which are residential. Columbia and Anderon Avenue are mixed uses. Chairman Sugarman asked for questions from the Board. 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 10, 2024 It was moved by Mr.Nitti, seconded by Ms. Hong and passed on a vote of 6-0 by members Liapes, Nitti, Pacheco, Luppino, Hong and Sugarman to grant the applicant Preliminary & Final Major Site Plan approval for a Six Unit Multi-Family Building. Docket #15-24, Outfront Media, LLC, 1435 Bergen Boulevard, Block 2751, Lot 2, Minor Site Plan – LED Billboard Sign Mr. Weiss stated we are here to modernize a sign. The property is leased by Outfront Media. The DOT has a permit for the digital sign. Digital boards are not permitted in this District. A 13.65 x 47.24 foot double faced sign is proposed. John Antel, 185 US Rt. 46, Fairfield, General Manager of Outfront Media was sworn in. He stated he has been with Outfront Media since 2012. We are an outdoor advertising company. Exhibit A1-Aerial of the property prepared by L2A. There has been a billboard at this location since 1953. Exhibit A2-Copy of outdoor advertising permit from the DOT dated June 2023. The billboard is staying in the same location, it needs some reinforcing. Exhibit A3-shows the sign location, the proposed sign, heading south on Rt. 46, close-up of existing structure, and changes to the structure. Chairman Sugarman stated I am concerned with the sign that faces the southbound traffic. Behind this is Westgate Condos and Mediterranean Towers West that face into the sign. Mr. Weiss stated our other witnesses will address this. Mr. Antel stated we are going to reinforce the structure. The employees have to climb up to change the sign. Exhibit A4-Packet of 12 pages, showing examples of messaging we provide. Exhibit A5-Protocol A-Emergency messaging description correspondence. Exhibit A5B-Protocol for municipal messaging. Chairman Sugarman asked if they are running into difficulties with municipalities changing the signs to digital? Mr. Antel stated this is evolution. Chairman Sugarman asked what will you advertise in the southbound area? What’s the benefit to Fort Lee? Page 5-ZBA Minutes-December 10, 2024 Mr. Antel stated the Borough doesn’t have to use it. Mr. Weiss stated this is something Outfront Media does everywhere. Mr. Pacheco asked if this is a 24 hour sign? Mr. Antel stated yes. Mr. Pacheco asked what would be prohibited? Mr. Antel stated nothing obscene, a controversial topic, business or products that are illegal, alcohol advertising within certain areas. Mr. Pacheco asked are any of the 103 signs single sided? Mr. Antel stated yes. Mr. Juzmeski stated he would like a copy of the updated NJDOT permit. He asked if the sign is one panel? Mr. Antel stated it is multiple panels. Mr. Liapes asked if the brightness levels are controlled? Mr. Antel stated the Engineer can testify on this. It can be adjusted. Mr. Luppino asked this is a heavily travelled area, have you ever been sued for brightness? Mr. Antel stated I’m not aware of any lawsuits. Mr. Weiss stated DOT controls everything and is very strict. Chairman Sugarman stated the DOT has done nothing relating to traffic on any of the major roads. Anything that will further interrupt the flow of traffic. Chairman Sugarman asked for questions from the public. Mr. Luppino asked does each ad run for 8 seconds? Mr. Antel stated yes. At 9:15 pm the Board took a recess. They returned at 9:25 with all members present. Page 6-ZBA Minutes-December 10, 2024 Mr. Weiss stated we have two more witnesses and would like to carry this application to January 7, 2025. Chairman Sugarman stated this application is carried to the meeting of January 7, 2025. No further notice is necessary, time is waived for the Board to act. Docket #19-24, 470 Palisades Blvd., LLC, 470 Palisades Boulevard, Block 1552, Lot 6, Preliminary & Final Major Site Plan – Three Unit Dwelling Chairman Sugarman stated Mr. Liapes is recused from this application. Mr. Macri stated we are here tonight seeking approval to construct a three family dwelling. Mark Martins, Engineer, 55 Walnut Street, Norwood was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A1-colorized site plan dated July 3, 2024. The lot is 75 x 100. There is a 2 ½ story brick dwelling with a garage currently on the property. We propose to remove all the existing structures and construct a three family, side by side dwelling. Each unit will have it’s own driveway. Grading and utility plan – the retaining walls will be removed and replaced. There is no current drainage and we propose to install an underground system. There is nothing in the site triangle. This will be provided to Mr. Juzmeski. Landscaping-One tree will be planted, a contribution will be made to the Borough Tree Fund. We propose junipers, arborvitae and planters in between the driveways. The Neglia Engineering report will be complied with. Chairman Sugarman asked for questions from the public. Kevin Aslanian, Architect, 6407 Hilltop Court, Fort Lee was sworn in and his credentials accepted by Chairman Sugarman. The plans on the board are the same as those distributed to the Board. Each unit will have a two car garage on the lower level, recreation room and bathroom. On the second level a living room, half bath, dining room, kitchen and deck are proposed. The third level will have a master bedroom with bath, two additional bedrooms with a shared bath and a laundry room. Condensers will be on the lower level in the back. The attic is finished with a walkout deck and bathroom. Each unit steps up. The lighting is downlit with no spillage, no flood lights and will Page 7-ZBA Minutes-December 10, 2024 be located at each entrance, garage and deck area. The fire official’s correspondence will be complied with. Chairman Sugarman asked for questions from the Board. 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-adjacent property, two family Bottom left-to the opposite side of Palisade Boulevard, shows condominiums and garden apartments Bottom right-community garden FAR, height and lot area per unit variances are required. The site is large enough to accommodate the three units. We meet the purposes of zoning. The FAR and density variances can be supported. There are drainage improvements proposed. There is a conforming amount of parking being provided. We are consistent with the neighborhood. We are consistent in height, side and rear yard variances are required. The driveway is wider than what is permitted to allow for parking. Parking is provided on site. Plantings will be done in between the driveways. Chairman Sugarman asked for questions from the Board. Chairman Sugarman asked for questions from the public. Mr. Juzmeski asked the building is four stories, are the surrounding buildings taller? Mr. Spatz stated the properties are higher so we appear taller. 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 Mr. Luppino and passed on a vote of 5-0 by members Nitti, Pacheco, Luppino, Hong and Sugarman to grant the applicant Preliminary & Final Major Site Plan approval for a Three Unit Dwelling Docket #22-24, Deniz FL, LLC, 1555 Center Avenue, Block 3854, Lot 23, Signage Chairman Sugarman stated this application is not being heard. They have not noticed the public and need to do this. Page 8-ZBA Minutes-December 10, 2024 ADJOURNMENT It was moved by Mr. Luppino, seconded by Mr. Pacheco to adjourn the meeting at 9:50 p.m. Respectfully submitted, Linda Garofalo Linda Garofalo Recording Secretary