Board of Adjustment/Zoning Board

FORT LEE BOARD OF ADJUSTMENT February 11, 2025 Present: D. Conway, H. Joh, S., L. Pacheco, J. Luppino, E. Hong, D. Sugarman Absent: H. Liapes, J. Nitti, S. Tropea Present: J. Mariniello Esq., D. Juzmeski, Neglia Eng. Chairman Sugarman called the meeting to order at 7:29 p.m. The meeting was held remotely, by means of communications equipment. The meeting was conducted using the Zoom operating system. 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. Chairman Sugarman stated Ms. Hong and Mr. Luppino will be voting members this evening. Approval of Minutes It was moved by Mr. Joh, seconded by Mr. Pacheco and passed on a vote of 5-0 by members Conway, Joh, Pacheco, Luppino and Sugarman to approve the minutes of the meeting of January 21, 2025. Memorializations Docket #15-24, Outfront Media, LLC, 1435 Bergen Boulevard, Block 2751, Lot 2, Minor Site Plan – LED Billboard Sign Chairman Sugarman stated this memorialization is carried to the meeting of February 5, 2025. Docket #18-24, Stanley Kim, MD, 209 Tremont Avenue, Block 2556, Lot 8, Preliminary & Final Major Site Plan – Mixed Use – Medical Office & Residential Unit It was moved by Mr. Pacheco, seconded by Mr. Conway and passed on a vote of 2-0 by members Conway and Pacheco to deny the applicant Preliminary & Final Major Site Plan approval. Page 2-ZBA Minutes-February 11, 2025 Docket #1-25, 1047 Anderson Ave., LLC, 1047 Anderson Avenue, Block 357, Lot 18, Two Unit Dwelling It was moved by Mr. Joh, seconded by Mr. Pacheco and passed on a vote of 4-0 by members Conway, Joh, Pacheco and Sugarman to grant the applicant approval to construct a Two Unit Dwelling. Acceptance/Completeness Docket #4-25, Bella Luca Properties, LLC, 2036 Marguerite Street, Block 4452, Lot 23, Two Unit Dwelling It was moved by Mr. Luppino, seconded by Mr. Joh and passed on a vote of 6-0 by members Conway, Joh, Pacheco, Luppino, Hong and Sugarman to deem the application complete. Extension of Time Docket #9-20, 514 Main Street Fort Lee, LLC, 54 Main Street, Block 3655, Lot 3, Extension of Time-Preliminary & Final Major Site Plan – Five (5) Story, Self-Storage Facility It was moved by Ms. Hong, seconded by Mr. Luppino and passed on a vote of 6-0 by members Conway, Joh, Pacheco, Luppino, Hong and Sugarman to grant the applicant Extension of Time approval. Public Hearings Docket #25-24, Fantasy of Taste, Inc., 1646 Center Avenue, Block 4152, Lot 7, Change of Use and Minor Site Plan – Bakery & Signage Mr. Alampi stated the property is in the residential zone, properties have been converted to commercial, retail and offices in the area. An update was distributed today. The primary floor will be where the bakery will be located. Chairman Sugarman stated we have 6 voting members tonight, you need 5 affirmative votes. Robert Lee, Architect, Lumen Architecture, 42 Clinton Place, Hackensack was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A-plans on the screen, 4 sheets Mr. Lee stated we propose a bakery at this location. The total impervious area has increased by 1%. This was an office before. The signage will comply but we are in a residential zone. The sign will be on from 11 PM to 6 AM. Page 3-ZBA Minutes-February 11, 2025 Chairman Sugarman asked if there is there currently a sign on the building? Mr. Lee stated yes. Sheet 2-there’s parking in the front, metered street parking and a driveway to the rear lot with 4 parking spaces including one compact and 1 handicap space. The building and parking will not change. There will be five steps up and then a bakery and seating area, counter and display area. There are 16 seats. The lower level is the basement to be used for storage. In the center there is a cooking area and it will conform to all requirements including a hood, stove, bathroom, heating and AC, generator, hot water heater and boiler. The basement is for employees only. The second floor is the existing office space with a bathroom. No changes are being made. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked where is the trash and disposals? Mr. Lee stated in the rear, garbage collection. It was shown on the plan, it’s a bin. Mr. Juzmeski asked is there any screening? Mr. Lee stated a bin with a lid and a wheel. It is divided with a fence. Mr. Juzmeski stated you need more screening. Mr. Lee stated a 6 foot vinyl fence with a gate can be installed. Mr. Juzmeski asked do you feel you need ADA access into the building? Mr. Lee stated there will be a lift system in the rear to go up the five stairs. Mr. Juzmeski asked will the new basement need a generator? Mr. Lee stated yes, a generator is needed and it will be screened. Mr. Joh asked about the driveway. Is this shared? Mr. Lee stated we share it with an easement. Mr. Juzmeski asked if his letter dated February 4, 2025 was reviewed. Mr. Lee stated yes and we will comply. Mr. Juzmeski asked was the Fire Department letter dated February 11, 2025 reviewed? Page 4-ZBA Minutes-February 11, 2025 Mr. Alampi stated we did not receive it. Mr. Juzmeski read the letter from Steve Curry. It requested the installation of an approved sprinkler NFPA and approved fire system. Mr. Lee stated we will comply. Mr. Conway asked will they have deliveries of bakery products? Mr. Alampi stated there will be no large trucks, small delivery trucks or vans will be used in the evening only. There will be no deliveries during the morning, lunch hour or evening rush hours. 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-to the right, south Bottom left-to the left, north Bottom right-across the street Mr. Spatz stated there are mixed commercial, retail and office uses in the area. This is the R5 zone. The lots are all similar sizes. There is metered parking on both sides of the street. Improvements will be made to the building, handicap accessibility is being provided, there’s no impact on the surrounding properties. We are not enlarging the building. We are consistent with the development in the area. I don’t believe there will be any negative impact. Chairman Sugarman asked if there is a parking variance? Mr. Spatz stated yes, 11 spaces are required for the bakery, building and office. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked what would the increase in parking be with the bakery use? Mr. Spatz stated I didn’t look into this. Mr. Juzmeski stated there would be an additional three spaces needed. Mr. Spatz stated we are willing to make a contribution to the Parking Authority. Mr. Alampi stated we will meet with them. Page 5-ZBA Minutes-February 11, 2025 Mr. Luppino asked if the 11 parking spaces includes employees? Mr. Juzmeski stated yes, it includes the employees. Four spaces are provided on site. 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. It was moved by Mr. Joh, seconded by Mr. Luppino and passed on a vote of 6-0 by members Conway, Joh, Pacheco, Luppino, Hong and Sugarman to grant the applicant Change of Use and Minor Site Plan approval. Docket #23-24, Fady Khella, 2239 Jones Road, Block 5551, Lot 6.01, Addition of Circular Driveway & Walkway to Single Family Dwelling Christopher Teeter, Architect,101 Crawfords Corner Rd #4116, Holmdel was sworn in and his credentials accepted by Chairman Sugarman. Mr. Joh stated we cannot see the Architect or the applicant on the screen. Mr. Teeter stated the rear yard of this property is Leonia. We are over on the impervious coverage. There are two curb cuts. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked if they received and reviewed his letter dated February 7, 2025? It stated the limits of sidewalk construction. Mr. Teeter stated yes. Mr. Juzmeski stated if there is damage from the construction the applicant is responsible. Impervious coverage, topsoil and seed needs to be provided. Must comply with NJDEP and use clean soil. A cultec chamber is required if over 576 square feet impervious coverage. There should be no negative impact to the neighboring properties. Trees removed should be replaced. The center of the circle needs to be landscaped. Mr. Teeter agreed to all of the above. Mr. Juzmeski asked why a circular driveway is needed? Mr. Khella stated for easier access to get in and out. Next door there are big trees and it is difficult to back out because we cannot see. Mr. Luppino asked how wide is the lot? Page 6-ZBA Minutes-February 11, 2025 Mr. Khella stated 65 feet. Mr. Luppino asked if they are the only house in the area with a circular driveway? Mr. Khella stated yes. Chairman Sugarman asked for questions from the public. Chairman Sugarman asked if any member of the public would like to be sworn and testify on the application. It was moved by Mr. Joh, seconded by Ms. Hong and passed on a vote of 6-0 by members Conway, Joh, Pacheco, Luppino, Hong and Sugarman to grant the applicant approval to construct an Addition of a Circular Driveway and Walkway to Single Family Dwelling. Docket #21-24, FBE Properties, LLC, 1077 Abbott Boulevard, Block 455, Lot 18, Single Family Dwelling Mr. Macri stated we are here tonight looking for approval to demolish the existing home and replace it with a new single family home. Anwar Alkhatib, Architect, 81 Passaic Street, Rochelle Park was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A1-Plans on the screen revised February 5, 2025. Mr. Alkhatib stated the plans show the existing and proposed site conditions. We propose to construct a new three story home. The height of the building will be 31.57 feet, the lot is 50 x 103.8. Sheet 2-Utility improvements and site details were shown. A seepage pit is proposed under the driveway. Sheet 3-Landscaping lighting plan – exterior lights, flood lighting with shields. Three trees, 26 shrubs, evergreens and a seeded lawn are proposed. Sheet 4-soil erosion plan Sheet A1-floor plan-first floor and second floor – 2 car garage, recreation area, wet bar, bathroom and utility area. Second floor has a living room, dining room, office, family room, large kitchen, bath, foyer and stairs with access to the rear. Sheet A02-third floor – four bedrooms and 4 bathrooms, laundry room, foyer open to below. The roof plan conforms to the area. A03-elevations, shows all four sides. Page 7-ZBA Minutes-February 11, 2025 Exhibit A2-Architectural colors of the building-brick, beige, off white and black frame windows, paver driveway, charcoal asphalt roof shingles. Landscaping is also shown. We will be removing three trees and plans will be submitted to the Borough Engineer. Outdoor lighting will be flood lights with sensors and will be shielded. We will comply with the Fire code. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked if they reviewed his February 7, 2025 letter and if they will comply? Mr. Alkhatib stated yes. Mr. Juzmeski stated lights produce glare, you need downlighting with minimum glare. Mr. Alkhatib stated we can change this. Mr. Juzmeski asked if the seepage pit has been tested? Mr. Alkhatib stated yes. Mr. Juzmeski asked if the roof leaders are connected to the seepage pit? Mr. Alkhatib stated yes. Chairman Sugarman asked for questions from the public. John Kaplan, Attorney Herold Law, representing the neighbor next door at 1075 Abbott Boulevard entered his appearance. Mr. Kaplan asked Mr. Alkhatib when he was retained as the Architect? Mr. Alkhatib stated in August of 2024. Mr. Kaplan asked where are other homes you have designed for the owner? Mr. Alkhatib stated Paramus. Mr. Kaplan stated this application doesn’t meet the setbacks. Did you prepare the plans? Mr. Alkhatib stated yes. Mr. Kaplan is there title work? Mr. Alkhatib stated no. Page 8-ZBA Minutes-February 11, 2025 Mr. Kaplan asked is there an environmental study? Mr. Alkhatib stated no. Mr. Kaplan asked about the driveway and the four inch wall. Mr. Alkhatib stated the driveway needs a slope, we tried to separate. The driveway is level and sloped to the street. Mr. Kaplan asked what is the grade elevation at front? Mr. Alkhatib stated 254.2. Mr. Kaplan asked if there is a soil report? Mr. Alkhatib stated no. Mr. Kaplan are there test pits? Mr. Alkhatib stated no. Mr. Kaplan asked if there are 2 tanks under the driveway? Mr. Alkhatib stated yes. Mr. Kaplan asked if he designed the home with two home offices? Mr. Alkhatib stated yes. Mr. Kaplan asked how come this is an office and not a bedroom? Mr. Alkhatib stated this cannot be used as a bedroom. Mr. Kaplan asked if they will run a business out of the home? Mr. Alkhatib stated the owners can answer this. Mr. Kaplan asked are you a landscape Architect? Mr. Alkhatib stated no. Mr. Kaplan asked why is there no landscaping on the left side? Mr. Alkhatib stated we tried to block the view of the driveway. Mr. Kaplan asked what are the sizes of the trees you plan to remove? Page 9-ZBA Minutes-February 11, 2025 Mr. Alkhatib stated 12”, 18” and 36” and we will replace with 6 trees and also make a contribution to the Borough Tree Fund. Mr. Kaplan asked if a lighting study was done? Will the interior lights be seen by the neighbors? Mr. Alkhatib stated no. Mr. Kaplan asked if there will be any blasting? Mr. Alkhatib stated if there are rocks they will be split. Mr. Kaplan asked you designed the house, did you make an attempt to fit it into the setbacks? Mr. Alkhatib stated it will not fit. Mr. Kaplan asked is there a generator? Mr. Alkhatib stated no. Mr. Kaplan asked if the square footage and the FAR are consistent with the neighborhood? Mr. Alkhatib stated it is not in compliance. Mr. Kaplan asked if the curb at 1075 will be disturbed? Mr. Alkhatib stated no disturbance. Chairman Sugarman asked for questions from the public. Chairman Sugarman stated this application is carried to the meeting of February 25, 2025. No further notice is necessary. Time is waived for the Board to act. Docket #24-24, Kiky 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 Mr. Macri stated currently there is a jewelry store and a church on the lower level, the second floor has a dance studio. We plan to expand to four residential units and two retail units. Mr. Kim, Architect, 375 Sylvan Avenue, Englewood Cliffs was sworn in and his credentials accepted by Chairman Sugarman. The architectural plans were shown on the screen. The property faces Main Street. We propose to upgrade the building. We will add one floor and propose a three story building. The proposal will be similar to 223 Main Street, Fort Lee. The second page shows the floor plans. Each Page 10-ZBA Minutes-February 11, 2025 apartment is a two bedroom. The elevations were shown. The elements are modern/ contemporary. The roof level is the same as 223 Main Street. The roof plan is a garden roof. Mechanicals will be in the middle. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked how is the trash collected and how will it be stored? Mr. Kim stated it will be on the ground floor in the middle of the corridor. It will be picked up on the garbage collection schedule. Mr. Juzmeski asked how will this not impact the neighbors? Mr. Kim stated columns are being installed. Staging will be at the back of the building. Mr. Mariniello stated 223 Main Street has been stated a few times. Is this close to the same size? Mr. Kim stated the elevations are similar. Mr. Juzmeski asked if they received his report dated February 5, 2025? Can you comply? Did you receive a copy of the Fire Department letter, can you comply? Mr. Kim stated yes. Mr. Joh asked if the existing façade will change? Will the building be closer to Main Street? Mr. Kim stated yes, the front façade will be brought forward. Mr. Conway asked about the height. Mr. Kim stated it will be the same as 223 Main Street. Mr. Conway asked will the footprint be changing? Mr. Kim stated yes, we are adding to three sides and one story on top. The extension will be at the front and the back. The alley way will no longer exist. Mr. Conway asked where will the delivery of construction materials be? Mr. Macri stated deliveries will be made to the rear of the Borough Parking lot. Chairman Sugarman asked for questions from the public. Mr. Macri stated the Parking Authority will send a letter if this is approved regarding a Parking Agreement. Page 11-ZBA Minutes-February 11, 2025 David Spatz, Planner, 60 Friend Terrace, Harrington Park was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A1-Photo Board of Site & Surrounding Area Top left-subject property Top right-down the alley way Bottom left-adjacent building under construction Bottom right-to the rear Mr. Spatz stated we are in the C1, Central Business District. Apartments are not permitted. We need a use variance, C & D variances for setbacks and lot coverage. There is sufficient parking to service us. These are smaller apartments. All building codes will be met. The lot can accommodate the larger building. We are consistent with the setback of the new building. We are going up to the property line. The impervious coverage is a prior condition. We cannot provide parking on site. There is parking available on Main Street. There is a shared parking component. Chairman Sugarman asked for questions from the Board. Mr. Conway asked if there will be any extended closing of Main Street for the Utility companies? Mr. Kim stated we will open the sidewalk on our property. Chairman Sugarman asked for questions from the public. Chairman Sugarman asked if any member of the public would like to be sworn and testify on the application? It was moved by Mr. Nitti, seconded by Ms. Hong and passed on a vote of 6-0 by members Conway, Joh, Pacheco, Luppino, Hong and Sugarman to grant the applicant Preliminary & Final Major Site Plan approval. ADJOURNMENT It was moved by Mr. Conway, seconded by Mr. Luppino to adjourn the meeting at 10:20 p.m. Respectfully submitted, Linda Garofalo Linda Garofalo Recording Secretary