Board of Adjustment/Zoning Board

FORT LEE BOARD OF ADJUSTMENT June 10, 2025 Present: H. Liapes, D. Conway, H. Joh, L. Pacheco, J. Luppino, E. Hong, D. Sugarman Absent: J. Nitti, S. Tropea Present: D. Decarlo, Esq., D. Juzmeski, Neglia Eng., B. Intindola, Traffic Eng. Chairman Sugarman called the meeting to order at 7:34 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. Joh, seconded by Mr. Pacheco and passed on a vote of 6-0 by members Liapes, Conway, Joh, Pacheco, Luppino, and Sugarman to approve the minutes of the meeting of May 27, 2025. Memorializations Docket #16-24, Byung Moon Choi & Ok Gyu Choi, 417 Catherine Street, Block 4055, Lot 11 Chairman Sugarman stated this Memorialization is carried to the meeting of June 24, 2025. Acceptance/Completeness Docket #24-25, 2414 Third Street, LLC, 2414 Third Street, Block 7056, Lot 3, Two Unit Dwelling It was moved by Mr. Conway, 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. Mr. Macri will call the Board Secretary for a hearing date. Page 2-ZBA Minutes-June 10, 2025 Extension of Time Docket #30-22, 2365 Hud Terr, LLC, 2365 Hudson Terrace, Block 7160, Lot 3, Extension of Time – Preliminary & Final Major Site Plan – 78 Unit Residential Building Chairman Sugarman stated this hearing is carried to the meeting of June 24, 2025. Public Hearings 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 Mr. Macri stated the applicant plans to demolish all the existing structures on the property and construct a Multi-Family Residential Building with retail and two, three unit townhouses. Ms. McCale Maguire, Project Manager, Stonefield Engineering, 92 Park Avenue, Rutherford was sworn in and her credentials accepted by Chairman Sugarman. Exhibit A1-Aerial exhibit – dated June 9, 2025. The property is in the C2 zone. There are two frontages on Lemoine Avenue and Fifth Avenue. Exhibit A2-colorized subdivision plan – they plan to subdivide into 3 lots. In response to the June 4, 2025 Engineer’s letter, the existing sidewalk easement is not needed for this application. Also, the width of Fifth Street is 33’ wide. The applicant can comply with all the Neglia Engineering subdivision comments and provide an additional 3’ in an easement on Fifth Street. Mr. Juzmeski asked if the lots are conforming? Ms. Maguire stated yes. 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. 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 grant the applicant Minor Subdivision approval. Page 3-ZBA Minutes-June 10, 2025 Site plan dated June 9, 2025. Lot A is 5.01, we propose a 7 story mixed use building. It will be 88.8 feet tall, needs a variance and includes office, retail and apartment uses. We are under the lot coverage. There are 2 driveways that require DOT approval. 208 parking spaces are proposed. 244 parking spaces are required. A private hauler will handle the trash. Two townhouses are propose on lots 10.01 and 10.02, 4 stories each, 3 units in each unit. There will be 6 parking spaces per building. The building coverage complies. New sidewalks and curbing will be installed and are compliant. Underground pipes will be installed between the 2 buildings. We propose a green roof. Run off for each lot will be complied with. All lights will be downlights and LED. Motion sensors to be used. Planters to be used along Lemoine and street trees to be planted. The applicant will make a payment to the Borough Tree Fund. Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked about a fire hydrant within 100 feet that was mentioned in the Fire Department letter. Ms. Maguire stated across the street on Lemoine and Fifth Street there is one. We will work with the Fire Department. Mr. Luppino asked where will you connect for storm water? Ms. Maguire stated there is no storm water main so we propose a green roof. Mr. Luppino asked if there are any safety issues with the 2 transformers? Ms. Maguire stated PSE&G advises this location is safe. Mr. Juzmeski stated a wall will shield the transformers. Ms. Hong asked about the green roof. Ms. Maguire stated it is not designed yet. The owner will maintain it. Chairman Sugarman asked for questions from the public. Mr. Mark Virgona, Architect, 125 River Road, Edgewater was sworn in and his credentials accepted by Chairman Sugarman. Mr. Virgona stated AR1 is an image of the front from Lemoine Avenue. There is a variety of heights of the buildings in the area. Very little of the garages are visible. The building is 7 stories. The top floor is set back 30 feet. You see 6 stories. The building is offices, retail and residential. The materials to be used are glass, aluminum panels, masonry, stucco and masonry. Page 4-ZBA Minutes-June 10, 2025 Sheet AR2 is the Fifth Street view. You see the townhouses. They are 4 stories and the top floor is set back. They hide the garage. Sheet A1 shows the elevations. Sheet A2 shows the south elevation. It shows the proportions of the buildings and the garage. There are 101 units, 5 residential floors. This is a low-rise building . Sheet A3 is looking north through the building. We don’t plan on using large trucks for garbage. The garage has 4 levels. Sheet A4 floor plans – garage & Lemoine Street elevations. Parking spaces will be assigned. The driveways are 22’ 10”, 23’ and 24 ‘. There will be planters in the front. Sheet A5-Mezzanine and garage plan – parking and second floor. Sheet A6-first floor residential plan-R5-penthouse units (9). Sheets A6-townhouse units and roof plan – mechanical equipment shown, green roof area, townhouse, recreation room, bathroom, stairs up to kitchen, living room, dining room and terrace. Next floor is 3 bedrooms, 2 bathrooms and laundry. The top floor has one bedroom and a terrace. Mr. Virgona stated we will comply with Mr. Curry’s Fire letter dated June 9, 2025. Chairman Sugarman asked for questions from the Board. Mr. Conway asked if there will be a crane on site and where the construction materials will be stored? Mr. Virgona stated we haven’t decided yet. Mr. Luppino stated I like the look of the building. What is the height of the building to the north? Mr. Virgona stated it is 4 stories. Mr. Luppino asked if the parking spaces need a variance? Mr. Virgona stated we’re short one space. Mr. Pacheco asked if the street parking will be affected? Mr. Virgona stated no. Mr. Joh asked was building height is permitted on the Lemoine side? Mr. Virgona stated 30 feet is allowed, 88’.8” feet is proposed. Chairman Sugarman asked for questions from the public. Matthew Seckler, Traffic Engineer, Stonefield Engineering, 92 Park Avenue, Rutherford was sworn in and his credentials accepted by Chairman Sugarman. Page 5-ZBA Minutes-June 10, 2025 Exhibit A3 – site plan The bus stops 9 times per hour. The site is well served by mass transportation. We expect a lot of the residents to use the bus. 50 cars per hour are expected at the peak hour. The gas station that was there had much more traffic. There will be two access points – reduced from 3 to 2. We do not propose any gates, possibly only in the rear. Residential parking will be assigned, 2 per unit. Compact spaces will also be provided. Each townhouse has it’s own garage and driveway. Chairman Sugarman asked for questions from the Board. Mr. Intindola asked how many spaces are there for the main part of the building? Mr. Seckler stated 2 spaces per unit. 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 A3-Photo Exhibit of Site and Surrounding Area Top left-from the north on Lemoine Top right-towards the south Bottom left-from Fifth Street, 2 structures being removed Bottom right-from Fifth Street The lots are conforming. D variances are required. The site is well suited for what we are proposing. There’s a sufficient amount of parking on site. The uses are appropriate. Landscaping will be provided on site. A FAR variance is also required – the property can support this building. Drainage improvements will be provided. We are reducing the impervious coverage. We exceed the limitations in height but we are consistent with the surrounding area. C variances – a front yard setback variance is required. Our setback is consistent with the streetscape. The office buildings have similar rear yard setbacks. Side yard setbacks are consistent with the other properties. There is ample parking, we are one space short and there is mass transit in the area, Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked about the photograph on the top right – do you have any information on the height or FAR of this building? Mr. Spatz stated I do not have any information on it. Mr. Joh asked if he has information on the building to the right? I understand it takes up half of the property. Page 6-ZBA Minutes-June 10, 2025 Mr. Spatz stated I believe it’s similar in FAR. Mr. Joh stated I think this proposed building is too big. Mr. Luppino asked if this is approved, what happens with the Affordable Housing units? Mr. Macri stated the owner will comply with the requirements. Mr. Conway asked what is the impact on School #3 and the middle school? Mr. Spatz stated there will be 4-5 children. Chairman Sugarman asked for questions from the public. Mr. Macri stated the north driveway will be a right turn only. 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. Luppino, seconded by Mr. Pacheco and passed on a vote of 6-1 by members Liapes, Conway, Pacheco, Luppino, Hong and Sugarman to grant the applicant Preliminary & Final Major Site Plan approval for Mixed Use Development – 101 Unit Multi- Family Residential Building with Retail & Two, Three Unit Dwellings. Mr. Joh voted to deny the application. Docket #5-25, Mojibola Adeshuko, 250 Washington Avenue, Block 7054, Lot 1, Addition & Renovation to a Two Family Dwelling Chairman Sugarman stated this application is carried to a new date. The applicant will re-notice. Docket #11-25, W&R Home Builders, LLC, 2045 & 2049 Ellery Avenue, Block 4452, Lots 13 & 14, Minor Subdivision & Preliminary & Final Major Site Plan – Three Unit Dwelling & Two Unit Dwelling Mark Martins, Engineer, 55 Walnut Street, Norwood was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A1-shows 2 parcels, Lots 13 & 14. There were two 2 family 1 ½ story structures on the property. Minor Subdivision map shows the left side is the larger lot for the 3 family home and the other lot will be for the 2 family home. Grading and drainage plan-underground cultec chambers are proposed under each driveway. A 13 foot wall is proposed in the rear. Landscaping-Lot 13.01 there will be junipers, arborvitae on the rear and sides with good Page 7-ZBA Minutes-June 10, 2025 coverage. We plan to remove 4 trees and replace with 7 trees. We will make a contribution to the Borough Tree Fund. Mr. Juzmeski asked if there can be additional landscaping in the front of the property? Mr. Martins stated on the left side, Lot 14.01 we can provide additional landscaping. Chairman Sugarman asked for questions from the public. Vassilios Cocoros, Architect, 467 Sylvan Avenue, Englewood Cliffs, was sworn in and his credentials accepted by Chairman Sugarman. The property has a topographical change. We will reduce the driveway for additional planting area. A2-floor plan-garage in the front, 2 car driveway, oversized garage, steps to the basement, recreation room above. Second floor – living room, three steps to the dining room, kitchen, powder room and TV room. A3-top 2 floors, 3rd floor – 2 baths, linen closet, bedroom with ensuite bathroom, 2 closets, laundry room, staircase to attic – recreation room with wet bar and 3 rd bedroom and bathroom. All three units are the same. Duplex unit has 4 levels. The first level is the same as the three family home. Page A2 has a garage, recreation room, bathroom and utility room. There is a living room, dining room, kitchen, eating area and landing. The third floor has a master bedroom with ensuite bathroom, the second bedroom has an ensuite bathroom, closets, laundry room. The top floor has a roof deck, recreation room with wet bar, mechanical room, closet, master bedroom with ensuite bathroom, Chairman Sugarman asked for questions from the Board. Mr. Juzmeski asked if they will comply with the Fire Department letter stating sprinkler systems are required. Mr. Cocoros stated we will comply with the Fire Code requirements. David Spatz, Planner, 60 Friend Terrace, Harrington Park was sworn in and his credentials accepted by Chairman Sugarman Exhibit A2-Photo Board of Site & Surrounding Area Top left-subject property Top right-to the north, right Bottom left-to the left, south, shows two family homes Bottom right-across the street, single family homes Page 8-ZBA Minutes-June 10, 2025 We require a D variance, for use, for the three family. The property is clear. Behind us the properties are higher than us. Drainage improvements will be provided. A conforming amount of parking is being provided. We are consistent with the development in the neighborhood. Two older homes were on the property. The building height is 4 stories but the top floors are being recessed. There’s a tremendous slope on the property. The FAR can be supported. Impervious and building coverage is increased but drainage improvements will mitigate that. Mr. Juzmeski asked if the top right photograph is a 4 family home? Mr. Spatz stated yes. Chairman Sugarman asked for questions from the public. Chairman Sugarman stated this application is carried, for a vote, until the meeting of June 24, 2025. No further notice is necessary, time is waived for the Board to act. ADJOURNMENT It was moved by Mr. Joh, seconded by Mr. Pacheco to adjourn the meeting at 10:10 p.m. Respectfully submitted, Linda Garofalo Linda Garofalo Recording Secretary