Board of Adjustment/Zoning Board

FORT LEE BOARD OF ADJUSTMENT January 21, 2025 MINUTES Present: H. Liapes, J. Nitti, D. Conway, H. Joh, S. Tropea, L. Pacheco, J. Luppino, D. Sugarman Absent: E. Hong Present: J. Mariniello Esq., D. Juzmeski, Neglia Eng. Chairman Sugarman called the meeting to order at 7:32 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 2025. Approval of Minutes It was moved by Mr. Liapes, seconded by Mr. Nitti and passed on a vote of 6-0 by members Liapes, Nitti, Joh, Pacheco, Luppino and Sugarman to approve the minutes of the meeting of January 7, 2025. Memorializations Docket #38-22, Y&K Realty Inc. & ZYST, LLC, 2195 & 2205 Route 4 East, Block 5552, Lots 7 & 8, Extension of Time – Bifurcated Application – Use Variance It was moved by Mr. Pacheco, seconded by Mr. Liapes and passed on a vote of 6-0 by members Liapes, Nitti, Joh, Pacheco, Luppino and Sugarman to grant the applicant Extension of Time approval. Docket #15-24, Outfront Media, LLC, 1435 Bergen Boulevard, Block 2751, Lot 2, Minor Site Plan – LED Billboard Sign Chairman Sugarman stated his memorialization is carried to a later date, Docket #20-24, 1522 11th Street, LLC, 1522 Eleventh Street, Block 3753, Lot 3, Two Unit Dwelling Page 2-ZBA Minutes-January 21, 2025 It was moved by Mr. Liapes, seconded by Mr. Luppino and passed on a vote of 6-0 by members Liapes, Nitti, Joh, Pacheco, Luppino and Sugarman to grant the applicant approval to construct a Two Unit Dwelling. Acceptance/Completeness Docket #3-25, 270 McElroy Ave., LLC, 270 McElroy Avenue, Block 1852, Lot 2, Single Family Dwelling It was moved by Mr. Pacheco, seconded by Mr. Liapes and passed on a vote of 7-0 by members Liapes, Nitti, Conway, Joh, Tropea, Pacheco and Sugaman to deem the application complete. Reconsideration 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. Daniel Lee, Esquire stated this application was heard in September 2024 and was not approved. We took all the Board’s comments and came up with a new plan. The left side yard setback was the biggest concern. We cut this back. The FAR has been redced. Front yard coverage has been reduced. The rear door in the basement has been replaced with sliders. Height has been reduced by one foot. We are open to questions from the Boad. Mr. Mariniello stated this vote is for whether we want to set up a date to reconsider the application. Mr. Conway stated I am interested in the height of the building. Mr. Lee stated it is 39.75 to the highest point of the roof. Mr. Juzmeski stated please take another look at the side yard measurement before returning to the Board. Mr. Luppino asked if the applicant changed the FAR calculation? Mr. Lee stated it went from 1.45 to 1.39. It was moved by Mr. Liapes, seconded by Mr. Joh and passed on a vote of 6-0 by members Liapes, Nitti, Joh, Pacheco, Luppino and Sugarman to allow the reconsideration of this application. The applicant will re-notice with a new date. Public Hearings Docket #18-24, Stanley Kim, MD, 209 Tremont Avenue, Block 2556, Lot 8, Preliminary & Final Major Site Plan – Mixed Use – Medical Office & Residential Unit (continued from the public hearing of October 8, 2024) Page 3-ZBA Minutes-January 21, 2025 Mr. Macri stated Dr. Stanley Kim is the purchaser. He is seeking to convert a single family home to a medical office and a residential unit for his use. Mr. Steven Collazuol, Engineer, 1610 Center Avenue, Fort Lee was sworn in and his credentials accepted by Chaiman Sugarman. Mr. Collazuol stated the property is at the northwest corner of Palisade Avenue and Tremont Avenue. The lot is 10,000 square feet. A 1 ½ story framed dwelling with a garage and driveway are currently on the property. Along the rear is a driveway and a wood shed. Landscaping is also in the rear left. There is a patio, trees, steps and a wide entrance. The proposal indicates the interior changes. Additional parking will be provided. Six parking spaces will be provided. Impervious areas will be increased and a drainage system installed. An ADA ramp will be installed in front of the building. A landscaping plan shows replacement of two trees – one in front and one in the rear. Shrubs and trees to be planted. The Neglia report dated January 14, 2025 will be complied with. We will comply with the Fire Alarm system that was requested. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked about ADA access and circulation patterns along the street and parking. Mr. Cocoros will address the circulation. Mr. Pacheco stated he is concerned with street parking. You can only park on the Tremont, left side of the street. There’s a fire hydrant there also. Chairman Sugarman asked for questions from the public. Hearing none, it was returned to the Board. Vassilios Cocoros, Architect, 467 Sylvan Avenue, Englewood Cliffs, was sworn in and his credentials accepted by Chairman Sugarman. The site plan was shown on the screen. We propose to renovate the building and make a Doctor’s office. The existing garage will remain. The elevations were shown on Tremont. The entry door is the same, there’s an ADA ramp, 4 parking spaces across the front with a curb cut that is 43 feet. The rear elevations were shown. There’s a secondary door that goes to the rear parking lot. The fire hydrant will stay. The right elevation was shown. The left hand side was shown, it has a residential look. The basement will have a staff area, storage areas, staff lounge, lockers and utility room. The first floor will consist of the main Doctor’s office, waiting room, reception desk, office for staff, treatment room, blood work area, 3 exam rooms, ADA bathroom, water fountain, storage closet and staircase below. The lower level will have a powder room, 3 desks in the office, and a door to the left side of the building. The Fire protection letter will be complied with. The second floor is 22 feet wide and 30 feet deep. It consists of a bathroom, closet, HVAC and bedroom. There will be 6 parking spaces for the staff, there is a K turn area, 3 parking spaces including an ADA space on the other side. The front will have new landscaping. Chairman Sugarman asked for questions from the Board. Page 4-ZBA Minutes-January 21, 2025 Mr. Nitti stated he’s confused about the first floor. Mr. Cocoros stated the break room will be a kitchen and TV area for the Doctor and wife to use. Mr. Nitti asked what type of Doctor is this? Mr. Cocoros stated he’s a kidney specialist. Mr. Pacheco asked about the exam rooms and waiting area. This has a potential to be busy. Mr. Cocoros stated - there’s a lot of seats to keep people separated. Mr. Pacheco stated based on the three exam rooms, there are 3 parking spaces for patients and an ADA space. If the Doctor is busy where will the people park? Mr. Cocoros stated on the west side. It can be converted to patient parking. Mr. Mariniello stated there is 2 hour parking and the seniors have transportation available to them. Chairman Sugarman stated the office is for one Doctor and one nurse. Mr. Macri stated the office will be open 22-30 hours per week. This is not the Doctor’s main office. No dialysis will be done here. The nurse can see patients here. Chairman Sugarman stated I don’t see parking being a problem. Mr. Juzmeski stated the plans are for partial medical, partial residential. Mr. Cocoros stated the net square footage on the first floor and basement is 1,411 square feet. There are 10 parking spaces. The total net basement area total is 1,274 square feet. Mr. Juzmeski stated you need 21 parking spaces. If EV is provided you need 19 spaces. You are proposing 11 parking spaces. Mr. Cocoros asked if the basement is left undone, would that mean a reduction in the amount of required parking spaces? Mr. Juzmeski stated no, it’s calculated on square footage. Chairman Sugarman asked for questions from the Board. Mr. Nitti stated I’m confused. Mr. Cocoros stated we are leaving the proposal as is. Page 5-ZBA Minutes-January 21, 2025 Mr. Mariniello stated there’s only 11 parking spaces. You need 19 or 21. This requires an 8 or 10 space parking variance. If EV chargers are installed, you’d need someone to testify to this. Mr. Cocoros stated we can change the basement to a file room only. Chairman Sugarman asked for questions from the public. Catherine Parilla, POA for the next door property at 211 Tremont Avenue. There is a garage and garage door with no parking in front of it. Are you keeping the garage and keeping the apron in front of the garage open? This is a single family zone. Mr. Cocoros stated this is correct. 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 Top right-to the right Bottom left-from Palisade Avenue Bottom right-to the opposite side of Palisade Avenue Mr. Spatz stated there’s commercial use all around us. We are in the R2 zone. We need a Use variance. There are C variances required. The steps are encroaching in the front yard setback, this is a pre-existing condition. We are short on parking spaces and driveway width. The lot is twice the size of what’s required in the zone. The use is consistent with the neighborhood. We fit in with the use. There are mixed uses in the area. Landscaping will be provided. The parking area will be screened. The parking is being expanded. Staff parking is being provided. One space is being eliminated to create a K turn. There will not be walk-in patients. There is some street parking. The municipality provides transportation for seniors. The apartment is for the Doctor, an extra space isn’t needed for him. There’s a generous amount of screening. Chairman Sugarman asked for questions from the Board. Mr. Conway asked Mr. Spatz from Slocum Way to Route 5 how many commercial establishments are there? Mrs. Spatz stated I don’t know, maybe one other. Mr. Conway stated there’s a gas station next to us, Hirams and Connect One. Mr. Mariniello stated each witness spoke about the Doctor using the space. He could rent it out. Mr. Macri stated we can stipulate it will only be for Doctor Kim. Chairman Sugarman stated we can make it a condition that it can only be used for Doctor Kim. Page 6-ZBA Minutes-January 21, 2025 Mr. Macri stated we can stipulate this and put is as a condition. Mr. Juzmeski asked Mr. Spatz about the amount of employees? Mr. Spatz stated this will be for one office person, one physician’s assistant and the Doctor. This is not out of character. Chairman Sugarman asked for questions from the public. Cathleen Parilla asked if the property sells, the Buyer will have purchased a mixed use property. Mr. Cocoros stated on the corner of McCloud there is a plastic surgery office, next to it there is a 3 story building with 20 parking spaces, this is a medical office. Chairman Sugarman asked if any member of the public would like to be sworn and testify on the application? Catherine Parilla, 10 Ellens Way, Alpine, POA for 211 Tremont Avenue stated the street has single family homes, she will be living next door to a mixed use building. The complexion of the home will be changed forever, this is a real concern. There’s not enough parking. Doctor Kim can rent the apartment to anyone else and get another income. This is not a good plan. Doctor Kim can find a large piece of property to accommodate his office. The Board took a break at 9:20 pm and returned at 9:25 pm. It was moved by Mr. Luppino, seconded by Mr. Liapes and denied on a vote of 3-4 by members Nitti, Conway and Pacheco to deny the applicant Preliminary & Final Major Site Pan approval. Mr. Liapes, Mr, Joh, Mr. Luppino and Chairman Sugarman voted to approve the application. Five votes are required to approve the application. Docket #1-25, 1047 Anderson Ave., LLC, 1047 Anderson Avenue, Block 357, Lot 18, Two Unit Dwelling Mr. Macri stated the proposal is to demolish the existing commercial use law office and construct a two family dwelling. Mr. Mark Martins, Engineer, 55 Walnut Street, Norwood was sworn in and his credentials accepted by Chairman Sugarman. Mr. Martins stated the property is on the westerly side of Anderson Avenue. We plan to remove the existing structure on site and construct a two family structure. The site plan and drainage and grading plan were shown. Cultec chambers to be installed under the driveways and in the backyard. Utilities will go to Anderson Avenue and electric to the pole. One tree in front to be removed and replaced with 2 zelcovas. A contribution will be made to the Borough Tree Fund. Page 7-ZBA Minutes-January 21, 2025 Chairman Sugarman asked for questions from the Board. Chairman Sugarman asked for questions from the public Vassilios Cocoros, Architect, 463 Sylvan Avenue, Englewood Cliffs, was sworn in and his credentials accepted by Chairman Sugarman. The property was shown on the screen. A side-by-side three story dwelling is proposed. This is a larger lot. Wood deck in the rear – 15’ x 11’ for each unit will be installed. This is a 3 level configuration with a garage on each side. The right elevation was shown. The units are the same. The rear elevation was shown. The basement will have a 1 car garage, trash area, utility room, bathroom with shower, home office, recreation room, 2 closets and sliding glass door. There will be LED lights over the garage. The first floor will consist of a living room, family room, dining room, closet, kitchen, pantry, island, eating area and bar area. The top floor will have 4 bedrooms, a bedroom with a hall bathroom, laundry, closet, 3 rd bedroom with ensuite bathroom, master bedroom with 2 closets, bathroom with 2 linen closets. The building will fit in with the existing development trend. Chairman Sugarman asked for questions from the Board. Chairman Sugarman asked for questions from the public David Spatz, Engineer, 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 story commercial building Top right-to the north, right Bottom left-to the left, south, 2 family home Bottom right-across the street-2 new single family homes The area has homes going from one to two family. D variances are required. The property is larger than what is required for the zone. Drainage improvements will be made. Residential use in a residential zone. There are two family homes in the area. There is parking being provided. FAR and density can be supported on the property. Drainage improvements are being made. We are consistent with the neighborhood. The stairs project into the side yard. We exceed 310 square feet of the building coverage. Landscaping will be provided. Parking will be on site. The height exceeds by less than two feet. We are in character with the neighborhood. The positive criteria is met. 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 be sworn in and testify on the application. Page 8-ZBA Minutes-January 21, 2025 It was moved by Mr. Pacheco, seconded by Mr. Conway and passed on a vote of 7-0 by members Liapes, Nitti, Conway, Joh, Tropea, Pacheco and Sugarman to grant the applicant approval to construct a Two Unit Dwelling. ADJOURNMENT It was moved by Mr. Pacheco, seconded by Mr. Joh to adjourn the meeting at 9:57 p.m. Respectfully submitted, Linda Garofalo Linda Garofalo Recording Secretary