Board of Adjustment/Zoning Board

FORT LEE BOARD OF ADJUSTMENT APRIL 22, 2025 Present: H. Liapes, D. Conway, H. Joh, L. Pacheco, J. Luppino, E. Hong, D. Sugarman. Absent: J. Nitti, S. Tropea. Also Present: J. Mariniello, Esq., D. Juzmeski, Neglia Engineering Associates. NOTICE OF MEETING: Chairman Sugarman stated: Let the minutes reflect that adequate notice of this meeting has been provided in the following manner: On December 10, 2024 this Body, by Resolution, adopted a Schedule of Regular Public Meetings for 2025. The time, date, and location of said schedule was posted on the Bulletin Board at 309 Main Street. A copy of said schedule was mailed to the RECORD, JERSEY JOURNAL, STAR LEDGER, SPECTRUM, posted on the Borough’s Website and was filed with the Borough Clerk. A written notice of the time, place and proposed Agenda was posted on the Bulletin Board at 309 Main Street and mailed to the RECORD, JERSEY JOURNAL, STAR LEDGER, SPECTRUM, posted on the Borough’s Website and was filed with the Borough Clerk. Copies have been mailed to all persons who have prepaid the $35.00 fee fixed for the year 2025 to cover the cost of mailing. APPROVAL OF MINUTES It was moved by Mr. Liapes, seconded by Mr. Pacheco, and passed on a vote of 5-0 by members Liapes, Joh, Pacheco, Luppino and Sugarman to approve the minutes of the meeting of April 8, 2025. Mr. Conway and Ms. Hong abstained from the vote. MEMORIALIZATIONS Docket #26-23, Kyung-ah Shin, 1526 Eleventh Street, Block 3753, Lot 4, Extension of Time - Two Unit Dwelling It was moved by Mr. Pacheco, seconded by Mr. Liapes, and passed on a vote of 5-0 by members Liapes, Joh, Pacheco, Luppino and Sugarman to adopt the resolution of approval for an Extension of Time - Two Unit Dwelling to April 15, 2026. Docket #21-24, FBE Properties, LLC, 1077 Abbott Boulevard, Block 455, Lot 18, Single Family Dwelling It was moved by Mr. Liapes, seconded by Mr. Pacheco, and passed on a vote of 5-0 by members Liapes, Joh, Pacheco, Luppino and Sugarman to adopt the resolution of approval for a Single Family Dwelling. Page 2 - ZBA Minutes – April 22, 2025 Docket #4-25, Bella Luca Properties, LLC, 2036 Marguerite Street, Block 4452, Lot 23, Two Unit Dwelling It was moved by Mr. Liapes, seconded by Mr. Joh, and passed on a vote of 5-0 by members Liapes, Joh, Pacheco, Luppino and Sugarman to adopt the resolution of approval for a Two Unit Dwelling. ACCEPTANCE/COMPLETENESS Docket #14-25, Oleri Builders, LLC, 231 Tremont Avenue, Block 2556, Lot 1, Single Family Dwelling It was moved by Mr. Pacheco, seconded by Mr. Liapes, and passed on a vote of 7-0 by members Liapes, Conway, Joh, Pacheco, Luppino, Hong and Sugarman to deem the application complete upon submittal of the outstanding items. Docket #15-25, Lily Pan, 820 Glen Road, Block 351, Lot 7, Two Unit Dwelling It was moved by Ms. Hong, seconded by Mr. Liapes, and passed on a vote of 7-0 by members Liapes, Conway, Joh, Pacheco, Luppino, Hong and Sugarman to deem the application complete upon submittal of the outstanding items. Docket #16-25, YongHyun Gim, 2035 Ellery Avenue, Block 4452, Lot 18, Single Family Dwelling It was moved by Mr. Pacheco, seconded by Mr. Luppino, and passed on a vote of 7-0 by members Liapes, Conway, Joh, Pacheco, Luppino, Hong and Sugarman to deem the application complete upon submittal of the outstanding items. Docket #17-25, Lemoine Property Development, LLC, 2468-2470 Lemoine Avenue & 2467-2475 Fifth Street, Block 7151, Lots 5, 6, 8, 9 & 10, Minor Subdivision & Preliminary & Final Major Site Plan – Mixed Use Development – 101-Unit Multi-Family Residential Building with Retail & Two, Three Unit Dwellings It was moved by Mr. Conway, seconded by Ms. Hong, and passed on a vote of 7-0 by members Liapes, Conway, Joh, Pacheco, Luppino, Hong and Sugarman to deem the application complete upon submittal of the outstanding items. 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 Chairman Sugarman stated this application is carried to the meeting of May 27, 2025. No further notice is necessary, time is waived for the Board to act. Page 3 - ZBA Minutes – April 22, 2025 PUBLIC HEARINGS Docket #2-25, Moore Builders, LLC, 193 Moore Street & 2453 Second Street, Block 7052, Lots 10 & 11, Minor Subdivision & Preliminary & Final Major Site Plan – Three Unit Dwelling & Two Unit Dwelling Marc Macri, Esq. representing the applicant. Mr. Macri stated this is a hearing for Preliminary & Final Major Site Plan Approval to allow a three unit dwelling and a two unit dwelling. Mark Martins, Mark Martins Engineering, LLC, 55 Walnut Street, Norwood, New Jersey, was sworn in as an engineer. Exhibit A-1 – Colorized Key Map Mr. Matins stated: The property is currently two parcels. It is the southwest corner of Moore and Second Street. Sheet 2 shows the Minor Subdivision Map. We are realigning the lots to make the corner lot larger. The three unit will be on Lot 11.01 and the two unit will be on lot 10.01. It is in the R3A Zone. Lot 10.01 will be 4,724.70 square feet, 63 feet wide and 75 feet deep. Lot 11.01 will be 6,074.50 square feet, 75 feet wide and 81 feet deep. Mr. Mariniello questioned: Is there a D5 on both and a D1 on 11.01? Mr. Macri stated: Yes. Mr. Juzmeski stated: There is also a D6 and a D4 on both lots. Mr. Martins stated: Sheet 3 depicts the proposed development. There are three driveways pitched towards Second Street and two driveways pitched towards Moore Street. We are working into the grades. There is a terrace elevation change. There are proposed walls. There are chambers in each driveway and lawn inlets. There are no existing trees to be removed. There is proposed landscaping. Mr. Macri questioned: Have you reviewed Neglia’s letter and can you comply. Mr. Martins stated: Yes, with one exception. The widening of the roadway. It would interfere with the proposed development. We are requesting a waiver from the Ordinance. Mr. Juzmeski questioned: Can you discuss the site triangle? Are the proposed steps in the 30 inches? Mr. Martins stated: I am going to defer to the architect. Mr. Juzmeski questioned: You will provide an easement for that? Page 4 - ZBA Minutes – April 22, 2025 Mr. Martins stated: Yes. Mr. Juzmeski questioned: You will mill and repave all of the area. There will be no area left and you will provide additional landscaping? Mr. Martins stated: Yes. Mr. Juzmeski questioned: Can you accommodate the additional landscaping between the three units dwelling? Mr. Martins stated: I am going to defer to the architect. Mr. Mariniello questioned: The section that they cannot comply with is 10.3-10.5? Mr. Juzmeski stated: Yes, it is a variance not a waiver. Their Planner will need to testify. Mr. Luppino questioned: The corner unit, unit c, the stairs come in six steps? Mr. Martins stated: Yes, to the middle landing. Mr. Luppino questioned: Will that be a problem for a turning car? Mr. Martins stated: It will still be sufficient. Mr. Luppino questioned: The steps to the property line is 3.30 feet? Mr. Martins stated: Yes. Chairman Sugarman asked for questions from the public. Vassilios Cocoros, V.C.A. Group, 467 Sylvan Avenue, Englewood Cliffs, New Jersey, was sworn in as an architect. Mr. Cocoros stated: The two unit dwelling is on 10.01. The property is a slight parallelogram. It slopes up west to east. It is a duplex style dwelling with stucco and brick. Mr. Cocoros described the floor layout. Mr. Juzmeski questioned: The driveways are 20 feet 2 inches, both. Can you shrink them down for more landscaping on the sides? Mr. Cocoros stated: That is tough because of the stairs. It is better to not back out to the curb because Moore Street is small. Mr. Juzmeski questioned: Can you increase the radius? Page 5 - ZBA Minutes – April 22, 2025 Mr. Cocoros stated: Yes, we can clean up the corner. Mr. Juzmeski questioned: Can you comply with the Fire Marshall’s letter? Mr. Cocoros stated: Yes. Chairman Sugarman asked for questions from the public. Mr. Cocoros stated: The three unit dwelling is on 11.01. It fronts on Second Street. It is a duplex style dwelling with stucco and brick. The steps Mr. Luppino asked about, we can do treads to minimize. Mr. Juzmeski stated: That is acceptable as long as it is under 30 inches. Mr. Cocoros described the floor layout. Chairman Sugarman asked for questions from the public. David Spatz, Community Housing & Planning Assoc., 60 Friend Terrace, Harrington Park, New Jersey, was sworn in as a planner. Exhibit A-2 – 6 Color Photos – Showing Subject Properties, Left Views and Right Views Mr. Spatz listed the variances required. Mr. Spatz stated: Regarding the “D” variances, the property is well suited. It is large enough to house the proposals. There are no current drainage facilities on the property. It can support the proposal. The development is consistent with the neighborhood. There are higher density uses in the area. Purpose A and Purpose G are met. As far as the FAR and Density variances, the property can support the extra density. There is conforming parking. All of the surrounding properties are three stories in height and out property appears to be three stories in height from the street. As far as the bulk variances, they are similar to what is existing in the neighborhood. The coverage is larger but will be mitigated with drainage improvements. There is nothing substantially negative. We are in character with the neighborhood. The design is in line with the neighborhood. We conform with parking. The positive criteria is met and outweigh the negative. Mr. Juzmeski questioned: Do you know the density of the multifamilies in the neighborhood? Mr. Spatz stated: I don’t know exactly. Chairman Sugarman asked for questions from the public. Chairman Sugarman asked for comments from the public. It was moved by Mr. Luppino, seconded by Mr. Liapes, and passed on a vote of 7-0 by members Liapes, Conway, Joh, Pacheco, Luppino, Hong and Sugarman to approve the Minor Subdivision. Page 6 - ZBA Minutes – April 22, 2025 It was moved by Mr. Pacheco, seconded by Mr. Luppino, and passed on a vote of 7-0 by members Liapes, Conway, Joh, Pacheco, Luppino, Hong and Sugarman to approve the Preliminary & Final Major Site Plan – Three Unit Dwelling & Two Unit Dwelling. Docket #7-25, Splash Bros NJ, LLC, 7 Hazlitt Avenue, Block 3555, Lot 8, Two Unit Dwelling Marc Macri, Esq. representing the applicant. Mr. Macri stated this is a hearing for a two unit dwelling. Mark Martins, Mark Martins Engineering, LLC, 55 Walnut Street, Norwood, New Jersey, was sworn in as an engineer. Mr. Matins stated: The property has a lot area of 5,000 square feet. We are proposing a new two unit duplex. The driveways will pitch out to the street. There is a grade change. There are small retaining walls one and a half to two feet in height. There are retention chambers under the driveway and backyard. There are underground utilities. Sheet 2 shows no existing trees. There will be landscaping and a six foot PVC fence in the rear and side yards. Mr. Macri questioned: Can you comply with the Neglia letter? Mr. Matins stated: Yes. Mr. Juzmeski questioned: Will you comply with the code for the fence? Mr. Matins stated: Yes. Mr. Juzmeski questioned: What are the impervious and building area coverage? Mr. Matins stated: I will defer to the architect. Mr. Juzmeski questioned: What is the average grade? Mr. Matins stated: 317.25 Mr. Juzmeski stated: Please provide this on the plans. Chairman Sugarman asked for questions from the public. Vassilios Cocoros, V.C.A. Group, 467 Sylvan Avenue, Englewood Cliffs, New Jersey, was sworn in as an architect. Page 7 - ZBA Minutes – April 22, 2025 Mr. Cocoros stated: This is a side by side duplex. The building is 37 feet wide by 57 feet deep. There is a retaining wall in the rear to level off. Mr. Cocoros described the floor layout. Chairman Sugarman asked for questions from the public. David Spatz, Community Housing & Planning Assoc., 60 Friend Terrace, Harrington Park, New Jersey, was sworn in as a planner. Exhibit A-1 – 4 Color Photos – Showing Subject Property, Left View and Right View and Across the Street View Mr. Spatz stated: This property is in the R3 Zone. The lot area does not comply it is 50 feet wide and 5,000 square feet but there are all similar size lots in the area. It requires a Density Variance and bulk variances. Purpose A, Purpose E and Purpose I are all met here. The area permits two family dwellings. There are almost all two’s in the area. It is an existing older home that is adjacent to newer two families. We are providing additional landscaping. As far as the Density variances, the property can support the extra density. There is conforming parking. The neighborhood has a similar development pattern. As far as the bulk variances, they are similar to what is existing in the neighborhood. There is a consistent streetscape. The coverage is mitigated by the drainage improvements that do not currently exist. It is not imposing on air, light or open space. There is conforming parking. The negative is significantly lower than the positive and can be supported. Mr. Joh questioned: There are not trees on the property? I see trees on either side. Are they the neighbors? Mr. Martins stated: Yes. Mr. Mariniello questioned: The current home has smaller setbacks as it exists now? Mr. Martins stated: Yes, about 1.5 side yard setback. Mr. Mariniello questioned: Although it is non-conforming this setback will be better? Mr. Martins stated: Yes. Chairman Sugarman asked for questions from the public. Chairman Sugarman asked for comments from the public. It was moved by Mr. Luppino, seconded by Mr. Conway, and passed on a vote of 7-0 by members Liapes, Conway, Joh, Pacheco, Luppino, Hong and Sugarman to approve the Two Unit Dwelling. Page 8 - ZBA Minutes – April 22, 2025 Docket #8-25, 1180 14th Street, LLC, 1180 Fourteenth Street, Block 1054, Lot 5, Amendment to Two Unit Dwelling Mr. Mariniello stated: The following applications are for things that have been built differently than what was approved. They are seeking an amendment to the resolution and that is why we are here. Marc Macri, Esq. representing the applicant. Mr. Macri stated: The Project Manager made site changes that my client was unaware of, which triggered why we are here. Vassilios Cocoros, V.C.A. Group, 467 Sylvan Avenue, Englewood Cliffs, New Jersey, was sworn in as an architect. Mr. Cocoros stated: The bay windows were connected. When approved it was recessed. There was a ten foot gap between the bay windows. The width of the property did not change but the FAR was affected. There is four and a half feet to the bay window. The building is the same. Mr. Marinello questioned: The building is still the same? Mr. Cocoros stated: There is one large overhang on either side of the building. Mr. Mariniello stated: The change is only on the upper floors. Mr. Liapes questioned: Was the subbasement approved originally? Mr. Cocoros stated: Yes. Mr. Mariniello stated: The new FAR is 1.26/1.28 it originally was 1.18. The side yards were 6.5 feet and are now 4.5 feet. Mr. Juzmeski questioned the lot coverage and improved lot coverage numbers. Mr. Cocoros stated: about 81 square feet on each side. Mr. Liapes questioned: Is there a sprinkler in there now? Mr. Cocoros stated: Yes. Mr. Juzmeski stated: The lot coverage was 69.52 and is now 72.72. The building coverage was 45.32 and is now 48.05. They are existing variances but are now exacerbated. Chairman Sugarman asked for questions from the public. Page 9 - ZBA Minutes – April 22, 2025 David Spatz, Community Housing & Planning Assoc., 60 Friend Terrace, Harrington Park, New Jersey, was sworn in as a planner. Mr. Spatz stated: There is an increase in the “D” that was previously granted. The FAR increased by 489 square feet. There were prior drainage improvements that we spoke about and I believe they can still handle this increase. The side yard variances do not make the ground level closer and the drainage can still cover. There is nothing substantially negative. The slightly larger variances can be supported by the drainage improvements. Mr. Juzmeski questioned: Are the facades complete on the outsides? Mr. Cocoros stated: Yes. Chairman Sugarman asked for questions from the public. Chairman Sugarman asked for comments from the public. It was moved by Mr. Conway, seconded by Mr. Pacheco, and passed on a vote of 7-0 by members Liapes, Conway, Joh, Pacheco, Luppino, Hong and Sugarman to approve the Amendment to the Two Unit Dwelling. Docket #9-25, Elizabeth Builders, LLC, 441 Elizabeth Street, Block 4052, Lot 10, Amendment to Two Unit Dwelling Marc Macri, Esq. representing the applicant. Mr. Macri stated: The Project Manager did not comply with the approved plans. This is the same as the prior application. Vassilios Cocoros, V.C.A. Group, 467 Sylvan Avenue, Englewood Cliffs, New Jersey, was sworn in as an architect. Mr. Cocoros stated: There was a ten foot gap between the bay windows. They built out the full overhang on the side. The ground floor maintains the same footprint. The FAR was 110.90 and now is 113.06%. There is about 81 square feet of building coverage on each side. The lot coverage was 67.70 and is now 70.92. The building coverage was 45.12 and is now 48.34. The side yards were 6.48 feet and now are 4.48 feet. Mr. Juzmeski questioned: Are the facades complete on the outsides? Mr. Cocoros stated: Yes, I believe so. Chairman Sugarman asked for questions from the public. David Spatz, Community Housing & Planning Assoc., 60 Friend Terrace, Harrington Park, New Jersey, was sworn in as a planner. Page 10 - ZBA Minutes – April 22, 2025 Mr. Spatz stated: The space between the bump outs were enclosed. The FAR, side yards and coverage were affected. There is an increase in the “D” that was previously granted. The FAR increased by 489 square feet. There were prior drainage improvements that we spoke about, and I believe they can still handle this increase. The side yard variances do not make the ground level closer, and the drainage can still cover. There is nothing substantially negative. The slightly larger variances can be supported by the drainage improvements. Chairman Sugarman asked for questions from the public. Chairman Sugarman asked for comments from the public. It was moved by Mr. Joh, seconded by Ms. Hong, and passed on a vote of 7-0 by members Liapes, Conway, Joh, Pacheco, Luppino, Hong and Sugarman to approve the Amendment to the Two Unit Dwelling. Docket #10-25, Tremont Avenue, LLC, 1060 Anderson Avenue, Block 358, Lot 5, Amendment to Two Unit Dwelling Marc Macri, Esq. representing the applicant. Mr. Macri stated: The Project Manager did not comply with the approved plans. This is the same as the prior application. We are seeking additional variances. Vassilios Cocoros, V.C.A. Group, 467 Sylvan Avenue, Englewood Cliffs, New Jersey, was sworn in as an architect. Mr. Cocoros stated: There was a ten foot gap between the bay windows. They built out the full overhang on the side. There is additional overhang towards the back. The side yard reduced to 4.5 feet to overhang and 6.5 feet to the building. The rear yard was 24.46 feet and is now 24.62 feet. The footprint increased. It is two times 96 square feet each side which comes to 192 square feet additional plus 72 square feet to the back for a total of 264 square feet. The lot coverage is now 69.79. The building coverage is now 49.33. Mr. Juzmeski stated: Please update the plans to show the changes. Chairman Sugarman asked for questions from the public. David Spatz, Community Housing & Planning Assoc., 60 Friend Terrace, Harrington Park, New Jersey, was sworn in as a planner. Mr. Spatz stated: We are enclosing the bump outs. The variance was slightly larger The FAR can be supported by the drainage improvements. Because of the changes, the side yards are closer, the rear yard is affected, and the coverages were affected. The drainage improvements will pick up the additional coverages. There is no effect to the air, light and open space since the bump out already exists. There is nothing substantially negative. It is appropriate to grant the variances. Page 11 - ZBA Minutes – April 22, 2025 Chairman Sugarman asked for questions from the public. Chairman Sugarman asked for comments from the public. Yeon Hong, 1075 Edgewood Lane, Fort Lee, was sworn in. Mr. Hong stated: I have pictures from different angles. The rear yard variance and deck are so close. It looks like it is ten feet closer. The trees were trimmed and the line of sight to our room. There is a direct line of sight to our backyard and out daughter’s bedroom. We request that the deck be removed. Mr. Macri stated: The deck was previously approved and not part of this application for amendment. Mr. Mariniello questioned if there were any changes to the rear. Mr. Juzmeski stated: Not as submitted. It was 14.58 feet form the rear as approved and they are now further from the lot line at, 14.82 feet. Mr. Mariniello stated: The change that you are talking about is not why they are here. That was approved already. The deck approved was actually closer, very minimally. There are a lot of pictures here. We are going to have the Board flip through them. Mr. Joh questioned: Are the trees cut down? Mr. Hong stated: The branches are, not the trees. Mr. Mariniello stated: I understand your concern but he deck is not a variance before us. Mr. Hong questioned: What can the Board do for privacy for us? Mr. Liapes questioned: Are there trees on your side? Mr. Hong stated: Just the roots. Mr. Macri stated: The trees are staying, the fence will be installed and we will comply with the landscape plan. Mr. Joh stated: Their garage is on the lot line. Stacy Hong, 1075 Edgewood Lane, Fort Lee, was sworn in. Ms. Hong stated: This building is way larger than any other duplex. The deck feels like it is almost overhanging into our yard. It is so close that they had to cut the existing trees to fit it. They now have visibility straight through. Are there any concessions that can be made? Mr. Mariniello questioned: Does this property slope down to your property? Page 12 - ZBA Minutes – April 22, 2025 Mr. Hong stated: Yes, we had to do a French drain because their drainage would flow to ours. Mr. Juzmeski stated: They have evergreens approved but we can ask if they would change to green giant arborvitae which get to be fifteen to twenty feet tall. Mr. Macri stated: We agree, and the fence will stay. Hai Jin, 1058 Anderson Avenue, Fort Lee, was sworn in. (Mr. Hong & Mr. Joh helped to interpret.) Mr. Jin (Mr. Hong) stated: He things they probably followed the law in building the house. The house is on the property line. There is very little gap between the new house and his house. He is concerned with this building and if they will have to walk on his property to get to their backyard. Mr. Juzmeski stated: No, there is the same 6.5 feet, except the stairs are 3.2 feet. Mr. Jin (Mr. Hong) stated: He doesn’t believe it is that far. It seems closer. If he wants an extension, can he build to the property line too? Mr. Mariniello stated: Anyone that wants to build closer to the property line has to appear here. Mr. Jin showed photos. Mr. Cocoros stated: Mr. Jin’s house is about 3 feet or 3.2 feet away from the property line. You can see it on my survey. Mr. Jin (Mr. Hong) stated: He doesn’t believe those numbers. Mr. Conway stated: I feel for them but there is nothing different. They should have been here for the first application. Mr. Hong stated: I understand, but we didn’t understand then what we do now. Mr. Juzmeski stated: The applicant has to submit a final as built before the final CO. He has to verify that the numbers are correct. There is no way of lying. Mr. Liapes stated: It is a little upsetting to have these applications come back like this. Ms. Hong stated: I recently built my house, and the neighbors had issues. The engineer did come out and measure. I still provided trees to my neighbors. Chairman Sugarman stated: It boggles my mind that the project manager can take it upon themselves to change things. In other places they make them take down the houses, but I don’t think we will. Developers be forewarned. Page 13 - ZBA Minutes – April 22, 2025 It was moved by Mr. Pacheco, seconded by Mr. Luppino, and passed on a vote of 7-0 by members Liapes, Conway, Joh, Pacheco, Luppino, Hong and Sugarman to approve the Amendment to the Two Unit Dwelling. ADJOURNMENT It was moved by Mr. Joh, seconded by Mr. Conway, to adjourn the meeting at 10:20 p.m. Respectfully submitted, Christen S. Trentacosti Christen S. Trentacosti Recording Secretary