Board of Adjustment/Zoning Board

FORT LEE BOARD OF ADJUSTMENT August 12, 2025 Present: H. Liapes, D. Conway, H. Joh, L. Pacheco, J. Luppino, E. Hong, D. Sugarman Absent: J. Nitti, S. Tropea Present: J. Mariniello, Jr., Esq., B. Intindola, Neglia 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 2024. APPROVAL OF MINUTES 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 minutes of the meeting of July 22, 2025. MEMORIALIZATIONS Docket #9-20, 514 Main Street Fort Lee, LLC, 514 Main Street, Block 3655, Lot 3, Amended Preliminary & Final Major Site Plan & Signage – Five (5) Story, Self-Storage Facility It was moved by Mr. Conway, seconded by Mr. Liapes and passed on a vote of 7-0 by members Liapes, Conway, Joh, Pacheco, Luppino, Hong and Sugarman to grant the applicant Amended Preliminary & Final Major Site Plan & Signage approval. 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 It was moved by Mr. Pacheco, seconded by Mr. Luppino and passed on a vote of 5-0 by members Conway, Joh, Pacheco, Luppino and Sugarman to grant the applicant Minor Subdivision & Preliminary & Final Major Site Plan approval. Docket #21-25, Hung Q Ta, 2201 Jones Road, Block 5451, Lot 2, Renovation & Addition of Single Family Dwelling to Two Family Dwelling Page 2-ZBA Minutes-August 12, 2025 It was moved by Ms. Hong, 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 approval to Renovate and Add Addition of Single Family Dwelling to a Two Family Dwelling. ACCEPTANCE/COMPLETENESS Docket #30-25, 810 Jassamine Way, LLC, 810 Jassamine Way, Block 251, Lot 3, Two Unit Dwelling It was moved by Mr. Joh, seconded by Mr. Conway 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. PUBLIC HEARINGS Docket #15-25, Lily Pan, 820 Glen Road, Block 351, Lot 7, Two Unit Dwelling Chairman Sugarman stated this application is carried to the meeting of September 9, 2025. Docket #19-25, Pablo Perrone, 1067 Briar Way, Block 854, Lot 10, Single Family Dwelling Mr. Macri stated they are seeking to demolish the existing home and construct a new single family dwelling. Mr. Michael Hubschmann, Engineer, 263 S. Washington Avenue, Bergenfield was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A1-site plan – we are in the R1 zone. There’s a lot of pavement on the property. The proposal is to remove all the paving and the dwelling. We propose a 2 foot wall in the rear. Four cultec chambers and a seepage pit also will be installed. The June 3, 2025 Neglia report will be complied with. If approved, the landscaping plan will be submitted to the Board Engineer. Chairman Sugarman asked for questions from the Board. Chairman Sugarman asked for questions from the public. Ms. Shari Ungar, 1066 Palisade Avenue was looking at the on-line photo. How many stories is this house? Mr. Hubschmann stated the Architect will answer this question. Ms. Kathy Autron, 1069 Briar Road stated she has a question for the Architect. Mr. Mark Braithwaite, Architect, 52 Park Avenue, Park Ridge was sworn in and his credentials accepted by Chairman Sugarman. Page 3-ZBA Minutes-August 12, 2025 This is a 3 story home with roof access. A four page plan was shown. The lower level has a garage, open basement and walk out. First floor includes a foyer, living room, guest room with bathroom, dining room, family room, kitchen, elevator, powder room, closet and pantry. The second floor has 4 bedrooms, 4 baths, staircase, closets and a laundry room. The exterior will consist of white stucco, medal roof, black windows, stone on the stairs and patios. The rooftop level has a flat roof with open deck. Chairman Sugarman asked for questions from the Board. Mr. Liapes asked if the basement level has a 9 foot ceiling. Mr. Braithwaite stated yes. Mr. Braithwaite stated the basement is partially underground. Ms. Hong asked about the rooftop railing. Mr. Braithwaite stated there is no railing, just a parapet that is 3’4”. Mr. Luppino asked what will be done on the roof? Mr. Braithwaite stated a patio to take advantage of the view. Exhibit A2-rendering of model, shows that you can’t see the structure on the roof. Mr. Conway asked what is the overall height from the ground to the parapet wall? Mr. Braithwaite stated it is 32’1” from sidewalk to the top of the wall. Mr. Liapes stated if there was no wall on the roof and it was a railing instead, the structure would be more visible. Mr. Intindola stated he would like to see screening on the rooftop units. Mr. Braithwaite we will consider this. Chairman Sugarman asked for questions from the public. Ms. Ungar stated the numbers don’t add up. What is the height in the rear? Mr. Braithwaite stated the height in the rear is 41’. Ms. Kathy Autron, 1069 Briar Road asked if the top structure is heated? Mr. Braithwaite stated yes. Mr. Trevor Matthews & Ms. Mary Lynch, 1062 Palisade Avenue asked how many stories in the structure? Page 4-ZBA Minutes-August 12, 2025 Mr. Braithwaite stated it is 3 stories. Ms. Kathy Autron, 1069 Briar Road asked why is the top level not considered a floor? Someone could live there. Mr. Braithwaite it is not living space, there are no bathrooms there. Chairman Sugarman stated you live in single family homes. I live in an apartment with elevators. The rooms are heated to protect the elevators. Mr. Mariniello stated the rendering in Exhibit A2 looks to me like the structure on the roof is more towards the front of the house. Mr. Joh stated the A2 rendering is different than the model. Mr. Braithwaite stated it’s from a different angle. Mr. Conway asked about the elevator and if there is communication or an alarm system in there? Mr. Braithwaite stated yes, there is and it goes to central station. David Spatz, Planner, 60 Friend Terrace, Harrington Park was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A3-Photo Board of Site and Surrounding Area Top left-subject property Top right-to the right Bottom left-to the left, new home Bottom right-across the street Two D variances for FAR and building height are needed. C variances for rear yard, building coverage and driveway width are needed. The site is well suited for what we are proposing. Drainage improvements are being provided, none currently exist. We have a conforming amount of parking on site. The proposal can support the increase in FAR. We are replacing a single family dwelling with a single family dwelling. Chairman Sugarman asked for questions from the Board. Mr. Brian Intindola asked when does the rooftop area become a story? Mr. Spatz stated the use, this if for the mechanicals, not living quarters. Mr. Luppino stated this seems to be in scale with the surrounding area. Mr. Spatz stated I think it’s consistent with the newer development in the area. Chairman Sugarman asked for questions from the public. Page 5-ZBA Minutes-August 12, 2025 Ms. Ungar, 1066 Palisade Avenue stated this home is 4 stories. Can this structure be built to be 32’ like everyone else? Chairman Sugarman stated the reason they are here is to see if the variances can be approved, Ms. Kathy Autron, 1069 Briar Road addressed Mr. Spatz and said you just stated there will be little impact on air and light to adjacent properties. This will be a wall where we use our home. Mr. Spatz stated the building is conforming. Mr. Trevor Matthews, 1062 Palisade Avenue stated section 410.20, what hardship would this be, this is a luxury, elevator and rooftop table. Mr. Spatz stated this application is for access to the roof, this is for mechanicals. This is not a hardship. Mr. Matthews asked if you keep adding 15 here and there, isn’t this going to cause an issue? Chairman Sugarman stated 4 seepage pits will be installed which will improve the flooding. Mr. Autron, 1069 Briar Road stated when the neighbor’s house was built, they put in a seepage pit. They don’t work. Chairman Sugarman asked if any member of the public would like to come up, be sworn and testify on the application. Mr. Autron, 1069 Briar Road stated we live here for 22 years. Windows are on the south side. We see blue skies. We will never see the sun again. Ms. Ungar stated I will be looking at a wall. This rooftop enclosure seems like a lot of space for an elevator. This is changing Fort Lee a lot. We have flooding in this area. I think this house is too big for this lot. We will be looking at a wall. Mr. Ethan He, 1065 Briar Road South stated the top floor is not a story. This roof can be used, we have shingles. The drainage system will probably flood their own house. Mr. Paul He, 1065 Briar Road South stated we live here more than 30 years. Who can we contact when the water comes in my house? All the neighbors have concerns. Mr. Mariniello stated you could contact the Building Department. Ms. Mary Lynch, 1062 Palisade Avenue stated this home is right behind me. If this house is built, I will have more water. The building is too big for the lot. Mr. Macri stated arborvitae will be planted to maintain privacy. Chairman Sugarman stated landscaping will be provided. Page 6-ZBA Minutes-August 12, 2025 Mr. Macri stated the water retention system will be reviewed by the Borough Engineer. We will add more, if necessary. 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 grant the applicant approval to Construct a Single Family Dwelling. Docket #24-25, 2414 Third Street, LLC, 2414 Third Street, Block 7056, Lot 3, Two Unit Dwelling Mark Martins, Engineer, 55 Walnut Street, Norwood was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A1-colorized site plan – 50 x 100 lot. There is an existing 2 story masonry dwelling on the property. A 4 story 2 family home is proposed. The entrances are on the side. Underground detention chambers will be installed. No trees are to be removed. Arborvitae and myers yews to be planted. We will comply with the Neglia report. Chairman Sugarman asked for questions from the Board. Vassilios Cocoros, Architect, 467 Sylvan Avenue, Englewood Cliffs was sworn in and his credentials accepted by Chairman Sugarman. Brick, stucco and accent panels will be used on the exterior. Lighting will be at all doors. A retaining wall will be built in the rear. Basement area will have a garage and step up to the recreation room, bathroom, utility room, eating area, living room, dining room, kitchen and powder room. The first floor has a primary and master bedroom with ensuite bathroom, 2 secondary bedrooms, laundry room and 2 hall shared bathrooms. The top floor has an attic, deck, attic with stairs, bathroom and wet bar. Chairman Sugarman asked for questions from the Board. Chairman Sugarman asked for questions from the public. Mr. Intindola asked what is the distance from the garage to the sidewalk? Mr. Cocoros stated 21.7” on the right, 21‘ on the left side and 8-9’to the curb line. Mr. Mariniello asked what is the width of the property Mr. Cocoros stated 55’. Mr. Mariniello asked currently this is a three family and it is being turned into a two family? Mr. Cocoros stated yes and there’s street parking. Mr. David Spatz, Planner, 60 Friend Terrace, Harrington Park was sworn in and his credentials accepted by Chairman Sugarman. Page 7-ZBA Minutes-August 12, 2025 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 We need FAR and building height variances and C variances. Drainage improvements are being provided on site. There are 2 family homes in the area. The property can support the proposal. Building height – we are consistent with the homes in the area. Parking is being provided on site. Drainage improvements are being provided. 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. Liapes, 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 approval to Construct a Two Unit Dwelling. Docket #25-25, 439 Catherine, LLC, 439-441 Catherine Street, Block 4054, Lots 5 & 6, Preliminary & Final Major Site Plan – Three Unit Dwelling Mark Martins, Engineer, 55 Walnut Street, Norwood was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A1-colorized plans – these are 2 separate tax lots. There is a retaining wall in the rear and down the side to be removed. A wall is proposed on the west line to be installed and in the rear. Cultec chambers under each driveway are proposed. We will be removing 3 trees, planting 4, will make a contribution to the Borough Tree Fund. Azaleas, hollies, boxwoods, myers yews, arborvitae and boxwoods to be planted. Planting strips will also be installed. Chairman Sugarman asked for questions from the Board. Chairman Sugarman asked for questions from the public. Mr. Conway asked on the east side there is a wall, how far is the new structure from the wall? Mr. Martins stated 8-9 feet. Mr. Anthony Zampolin, Architect, 187 Fairview Avenue, Westwood was sworn in and his credentials accepted by Chairman Sugarman. A 4 story, 3 unit dwelling is proposed. On the first floor there is a kitchen, dining room, and great room. The second floor has 2 bedrooms, one with ensuite bathroom and an additional bathroom. The third floor has a den, deck and attic storage. The exterior is brick, stucco and metal banding. The height is 41’.6”. Exhibit A2-colorized rendering of the exterior Chairman Sugarman asked for questions from the Board. Page 8-ZBA Minutes-August 12, 2025 Mr. Conway asked if there will be any loss to street parking? Mr. Zampolin stated no. David Spatz, Planner, 60 Friend Terrace, Harrington Park was sworn in and his credentials accepted by Chairman Sugarman. Exhibit A3-Photo Board of Site & Surrounding Area Top left-subject property-shows two homes Top right-Williams Street Bottom left-to the left, west Bottom right-across the street There are a number of three family homes in the neighborhood. We need a use variance. The property is well suited for what we are proposing. Drainage improvements are being provided on site. We are removing 2 older structures and replacing with a new structure. I believe the property can support the proposed structure. There’s a conforming amount of parking on site. Side and rear yard variances are required. Chairman Sugarman asked for questions from the Board. Mr. Conway asked if this is similar to other three families? Mr. Spatz 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 Ms. Hong, seconded by Mr. Luppino and passed on a vote of 6-0 by members Liapes, Joh, Pacheco, Luppino, Hong and Sugarman to grant the applicant Preliminary & Final Major Site Plan approval to Construct a Three Unit Dwelling. Mr. Conway voted to deny the application. ADJOURNMENT It was moved by Mr. Joh, seconded by Mr. Conway to adjourn the meeting at 10:25 p.m. Respectfully submitted, Linda Garofalo Linda Garofalo Recording Secretary