Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES JUNE 22, 2020 CALL TO ORDER The Zoning Board of Adjustment of the City of Rahway held its regularly scheduled meeting Monday, June 22, 2020 via electronic communications equipment. Pursuant to the provisions of the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-8(b), this meeting was held via Zoom. Due to the SARS- CoV-2 pandemic, commonly known as the novel coronavirus disease 2019 (COVID-19). The meeting was called to order at 7:04 p.m. ______________________________________________________________________________ FLAG SALUTE The Board saluted the flag. ______________________________________________________________________________ ROLL CALL On a call of the roll, the following Board Members and Officials should be present: BOARD Ms. Joann Gemenden, Commissioner Ms. Marie Richelieu, Commissioner Mr. Brandon Givens, Commissioner Mr. James Heim, Commissioner Mr. Adrian Zapotocky, Commissioner Ms. Jelsie Basso, 1st Alternate Commissioner Mr Richard Zdan 2nd Alternate Commissioner Mr. William Tomkiewicz, 3rd Alternate Commissioner Mr. Roy Smith, 4th Alternate Commissioner Mr. William Hering, Commissioner / Chairman Mr. James E. Pellettiere, Commissioner / Vice Chairman Mr. James Polles, Esq, Board Attorney Ms. Jacqueline Dirmann, City Engineer Mr. Kevin O’Brien City Planner Mrs. Ann Marie Williams, Board Secretary *Absent from this meeting was Commissioner Heim. ZONING BOARD OF ADJUSTMENT MEETING MINUTES JUNE 22, 2020 _______ PAGE TWO REGULAR MEETING: Chairman Hering opened the meeting with the regulations and reading of the agenda into the record. The following action took place. SWEARING IN OF BOARD PROFESSIONALS Chairman Hering called upon attorney Maria Tsitsiragos representing Wanderlei DaSilva on his application seeking Preliminary and Final Major Site Plan Approval, Preliminary and Final Major Subdivision Approval each with a Use “d” and Bulk “c” Variance. Board Attorney confirmed that the applicant was ready to be heard and Maria Tsitsiragos Attorney for the applicant spoke reiterating the reason why the applicant was before the board. Tsitsiragos introduced the applicant Dasilva who advised he was the owner of the properties since December 2016 and March 2017. He has been purchasing abandoned and neglected properties in Rahway for at least 10 years demolishing and building properties to sell. Board Professionals were sworn in and had no questions for the owner. Commissioner Pelletiere questioned the owner regarding making the 3 three family homes all have 3 bedrooms. Pelletiere doesn’t think having a 3 bedroom on the first floor was responsible due to the loss in square footage of livable space on the first floor as a result of the garage. Would the owner consider making one of the two apartments a 2-bedroom vs a 3 bedroom? Commissioner Hering agreed. Dasilva advised that this exact same layout was approved by the Board for a different property in Rahway in 2019. Board Secretary clarified for Pelletiere that he was not present for the meeting that discussed the previous application Tsitsiragos called Anthony Gallerano of Harbor Advisors who is the applicants Engineer. Gallerano was accepted and addressed the points identified on the Board Engineers report. Gallerano agreed they will comply. Board Engineer Dirmann questioned the utility pole on the property. Dasilva confirmed that it does not provide anything at all. Board Planner O’Brien questioned the concrete on lot 29.01. It is a lot of additional concrete. Gallerano agreed to reduce it. There being no questions from the Professionals, Tsitsiragos introduced Daniel Roma of Artek Studio LLC. Roma was accepted and addressed the points identified on the Planners report. Roma provided an overview of all three dwellings and addressed Commissioner Pelletiere’s concern. The properties are larger than average and even being built as 3 bedrooms there is still a nice amount of living space. Commissioner Hering asked again whether the owner would be willing to change to a 2 bedroom. Dasilva confirmed once again that this is the same layout that was approved by the Board for another Rahway location in 2019. Board Planner questioned Roma regarding side yard set back for the canopy. Roma deferred to Gallerano who said the applicant would not have an issue with flipping the house so that only one would have the encroachment. Board Engineer advised confirmation would be obtained from the City Planner and a provision would be made to the resolution. ZONING BOARD OF ADJUSTMENT MEETING MINUTES JUNE 22, 2020 _______ PAGE THREE Floor opened to questions from the Commissioners. Commissioner Gemenden questioned the excessive concrete and lack of green space. Gallerano agreed to reducing the concrete by 4ft on all three lots and to eliminate the excess concrete on the side property. Commissioner Zdan questioned the density of the units in its entirety and Gallerano’s response was that it was the most appropriate use based on the location. Commissioner Zapatocky questioned the intent of the density being what it is and Dasilva confirmed the homes were being built to be sold. Commissioners Givens and Pelletiere reiterated the concerns regarding density. Dasilva agreed reducing the first floor to a 2 bedroom even though he does not agree. He will remove one bedroom but leave the second bath. Motion: Commissioner Givens Second: Commissioner Richelieu Yes: Commissioners Gemenden, Givens, Richelieu, Pellettiere, Zapotocky, Basso, Tomkiewicz, Smith and Hering No: Commissioner Zdan Abstain: none Absent: Commissioner Heim Application was approved Chairman Hering called upon attorney Christopher Kozlowski representing the second applicant, Anatoliy Girkhovskiy on his application seeking Proposed Two-Family Dwelling Use (“D”) Variance. Board Engineer advised that there is no change to the site so there is no engineer review. Board Planner confirmed this is a use variance. Property was a 2 family that then changed to a 1 family. There was no physical change to the property. Applicants intent is to convert it back to a 2 family. The Board is being asked to approve a use variance. Kozlowski discussed the points of the case and introduced the owner Girkhovskiy. Mr. Girkhovskiy’s first language is not English and struggles with responding to questions, so he requested to be represented by Tim Velikiy who is his property manager and has been involved with the property since its purchase. Velikiy gave the layout of property and the Kozlowski hit on the points from the Board Planners report. Board Planner asked Velikiy if they intended to accommodate 3 cars per unit. Velikiy advised that although they can accommodate 3, they only intend to allow for 2 and they have no issues striping. Floor was opened for questions by the Commissioners. Pellettiere questioned the garage and the facilities per floor. Velikiy confirmed the garage size is standard and there are a fully functional kitchen, laundry, and bathroom in each unit. Commissioners Gemenden and Tomkiewicz do not believe that the striping of the driveway would be cosmetically appealing in this residential area. Commissioner Zdan questioned the wall dividing residents. The Commissioners in general wanted more clarity regarding the work already done prior to this Board Hearing inclusive of the changes to the door and work completed prior to any variance approvals. ZONING BOARD OF ADJUSTMENT MEETING MINUTES JUNE 22, 2020 _______ PAGE FOUR Floor was opened for questions by the public. Enrique Huezo of 158 Elm Ave speaking on behalf of his father Guillermo Huezo. He advised that what the applicant presented was false and he has concerns regarding the work that was already done at the location illegally and there are issues already regarding parking as well. Board Planner questioned whether permits were pulled for the work that was done there. Kozlowski advised that what was done was clean up and did not require permits. As a result of the concerned brought up by the public and the follow up questions by the Commissioners, it was decided to carry this application over to the July meeting. The applicant’s attorney will be provided with a list of questions the Commissioners want clarity and visuals on. Motion was to table the application until the July 2020 hearing. Motion: Commissioner Pellettiere Second: Commissioner Zdan Yes: Commissioners Gemenden, Givens, Richelieu, Pellettiere, Zapotocky, Basso, Tomkiewicz, Smith, Zdan and Hering No: non Abstain: none Absent: Commissioner Heim Application was tabled 2019 ANNUAL REPORT: Motion to approve the resolution adopting and referring report on 2019 Zoning Board Application. Motion: Commissioner Gemenden Second: Commissioner Richelieu Yes: Commissioners Gemenden, Givens, Richelieu, Pellettiere, Zapotocky, Basso, Tomkiewicz, Smith and Hering No: none Abstain: Zdan Absent: Commissioner Heim MINUTES: Any necessary changes to the Zoning Board of Adjustment meeting minutes of the January 28th, 2020 meeting shall be made and approved by action of the Commissioners. Motion: Commissioner Gemenden Second: Commissioner Givens Yes: Commissioners Gemenden, Givens, Richelieu, Pellettiere, Zapotocky, Basso, Smith, Zdan and Hering No: none Abstain: Commissioner Tomkiewicz Absent: Commissioner Heim ZONING BOARD OF ADJUSTMENT MEETING MINUTES JUNE 22, 2020 _______ PAGE FIVE ADJOURN: There being no further business; the meeting was adjourned 10:45pm Motion: Commissioner Gemenden Second: Commissioner Givens Yes: Commissioners Gemenden, Givens, Richelieu, Pellettiere, Zapotocky, Basso, Smith, Tomkiewicz, Zdan and Hering No: none Abstain: none Absent: Commissioner Heim Meeting was adjourned