Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES AUGUST 17, 2020 CALL TO ORDER The Zoning Board of Adjustment of the City of Rahway held its regularly scheduled meeting Monday, August 17, 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 7:02 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. Mark Moon, Esq, Board Attorney Ms. Jacqueline Dirmann, City Engineer Mr. Kevin O’Brien City Planner Mrs. Ann Marie Williams, Board Secretary *Absent from this meeting were Commissioners Richelieu, Smith and Pelletierre. ZONING BOARD OF ADJUSTMENT MEETING MINUTES AUGUST 17, 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 Board Attorney to explain the change regarding the 2nd applicant being heard today Optimum Medical Transport. Moon advised that there was a revised site plan that was submitted for consideration today. The area within the residential are that the applicant was hoping to use as parking area has been removed. The plan now does not include a parking area. Chairman Hering called upon attorney Christopher Kozlowski representing applicant Anatoliy Girkhovskiy. Board Attorney Moon confirmed that this application is a continuation from our June meeting. Kozlowski is presenting to the Board an affidavit from Mr. Cozza as he is not available to testify. Applicant is relying solely on this affidavit identified as Exhibit A6 dated August 7th 2020. Since commissioners cannot cross examine or ask any questions, the Board can choose to vote to accept or deny it as an Exhibit. Kozlowski advised that for this hearing the applicant is not bound by the NJ rules of evidence. The Board can determine if the affidavit is admissible in consideration of the application because MLUL does not prohibit it directly nor do they prohibit lack of cross examination. Affidavit can be submitted should the Board choose to. The Affidavit references that the home had two doors and that it was the father who covered the second door. No one knows why it was sided over but the main point was that the two doors were always there. Floor was opened to questions by the Board. Commissioner Gemenden asked of the affidavit was notarized. A: yes. Commissioner Zapatocky asked whether the Board has been information on all other points made in the affidavit. A: yes, it was all covered during the June meeting. The only thing new is the date of death. Board Planner commented that submitting of petitions and affidavits have been an issue for many years referring to Cox 2020 page 381 which was then read. Motion made to deny or accept the affidavit Yes: Commissioners Gemeneden and Heim No: Commissioners Givens, Zdan, Zapotocky, Basso and Hering Alternate votes not required: Zdan and Tomkiewicz Absent: Commissioners Pellettire and Richelieu Affidavit will not be admitted into evidence Kozlowski proceeded advising that this application was originally filed in March, heard June and continued to todays meeting. Testimony will carry over from June. Kozlowski called Mr Viliki property manager to go over the images submitted at the request of the Commissioners at the June Meeting. Discussions were had regarding the front door Exhibit A5. There were no photos of the framing, Mr. Viliki is testifying to the fact that there was a frame. Mr Viliki also discussed the layout of the home inclusive of the modifications. The rendering of the first and second floor was prepared by JB Design Group LLC, identified as Exhibit A3. Mr. Viliki walked through the room advising on the material the walls were made of and confirmed that the hook up for laundry, kitchen and bathroom were existing. The changes done were upgrades to existing pipes. No walls were removed or added. Dumpster in the back was to get rid of debris and the furniture left by the previous owner. ZONING BOARD OF ADJUSTMENT MEETING MINUTES AUGUST 17, 2020 _______ ____ PAGE THREE Floor opened to questions from the Board. Commissioner Zdan advised that during the last presentation, the board was told that the dumpster was just for furniture, now it is Mr Viliki’s testimony that it was for construction debris. Viliki reiterated that it was mostly furniture. Zdan’s follow up question was confirmation on whether construction was done specifically with permits because testimony noted that plumbing and electrical was done. Mr. Viliki advised that on a single family, permits are not required for direct replacements. Commissioner Zapatoky made an observation that the bedrooms and bathrooms aren’t directly above one another and that struck him as unusual. Mr. Viliki advised that was just the layout of the home, it wasn’t changed. No other questions from the Commissioners. Kozlowski called his next witness Greg Fulop of Striker Realty who was the broker on this home. Fulop advised that the exhibits are correct on the rendering going back a year. Fulop advised that MLS listings are not always 100% accurate. It is up to the parties involved to confirm the accuracy. Fulop confirmed he had a conversation with the prior owner who advised the home was a two family and when her husband passed away, she had the home changed to a single family for tax purposes. She has since passed away. Board Attorney Moon asked if for tax purposes the home was changed from a two family to a one family. A: yes. Commissioner Hering asked Fulop if he had a timeline when the change of zone would have been. A: no. Kozlowski questioned Fulop on the characteristics of the neighborhood which he described. Kozlowski advised he has no further witnesses. The professionals had no additional questions. Commissioner Zdan asked another question regarding permits specific to the electrical hook ups. Mr. Viliki advised it may have been the electrical or hvac person but he question would need to be asked of them. Questions opened to the public. James Hueza: 158 Elm Ave; 496 Elm Ave. Questioned the work that was being done at the home. He spoke to the general contractor. All the work that was done was removed. He is questioning the real truth. He wants to know about the electric lines and hvac. What is really going on? His issue is how everything is being conducted. Where do we draw the line. Where is the cut off for a two family. He has no problem but they should be done the right way. And that is it. Jayson Williams: 790 Holly Place Questioning the electric meter on the side of the house and noticed the two front doors. It shows that there are some changes. Looks like the future use is going to be two family. But there should have been permits for two family changes without a permit. Mary Rose Go: 164 Elm Ave. Wanted to mention that the contractor did all of the work after June. Jan and Feb there was tons of demo work being done. She was surprised to hear that work was made before June. She doesn’t have a for or against opinion. Gutters are pointing to her house. Kozlowski summarized. Based on the testimony provided in June he feels the applicant met their burden of proof for the D1 variance. Testimony shows the first part of the negative criteria and matches the master plan and has no negative impact to the city. It is a pre existing two family zoned as a one family. If this was an empty lot, and we were building a 2 family this would have had no issues at all. Thank you. Board Planner advised that this Board does not get concerned with permits as it is not an enforcement body. Kozlowski confirmed how the applicant met their burden of proof. Motion put forth to decide on the application. Motion: Commissioner Zapotocky Second: Commissioner Gemenden Yes: Commissioners Gemenden, Givens, Heim, Zdan, Zapotocky, Basso, Tomkiewicz and Hering No: none Abstain: none Absent: Commissioners Pellettiere, Smith and Richelieu Application was approved ZONING BOARD OF ADJUSTMENT MEETING MINUTES AUGUST 17, 2020 _______ ____ PAGE FOUR Chairman Hering advised that the Board was ready to hear the second application. Optimum Care Medical Transport. Board Planner O’Brien advised that this applicant is asking for a conditional use variance d3 which is has a lighter burden of proof. Board Engineer Dirmann advised that the applicant revised their plans after reading the professionals reviews letter and it is a cleaner application, Applicant attorney Joshua Koodrey spoke to what was being presented. Application has been modified and D1 was eliminated. Optimum Medical Transport services non-emergency passenger trips. This is not an ambulance nor set for emergency visits. D3 is for the proposed repair section. Glenn Lines was accepted and sworn in as the first witness first witness. Lines demonstrated Exhibit A10 which is the site plan. Lines went through what the applicant was proposing and covered the comment made on the Board Engineers letter, agreeing they can comply with all of them. Lines went over the Board Planners report agreed to all the points and agreed to provide a lighting study should the Board want it. Floor was opened for questions from the professionals. Board Engineer Dirmann asked for clarity on the size of the vans since the spaces are 9x18. Question is best left to the owner Furer; however, Koodrey advised that the applicant has no issue with expanding the space as it would only decrease parking by three spaces. 9:30 meeting paused. 9:45 meeting was restarted Commissioners have no questions. Steve Furer, Owner, was sworn in and described the business. Optimum is a non emergency medical transport. Medicaid patients are taken to dr’s offices. The work is strictly non emergency.The mechanic shop is included in the plan because it is simpler to have the vans serviced in house. The work that Optimum does should not create any disturbance to the neighborhood. Drivers keep the vans at night in order to pick people up early in the morning. Vans do not have lights or sirens. Business hours are Monday through Friday 8am – 4:30pm. No weekends. Trash created is of the office variety. Oil is picked up professionally. Signage is not part of todays Board approval. Owner has no issue with complying with the requests of the Board Professionals. Francisco Melendez was accepted and sworn in as a witness. As architect, he went over Exhibit A5, walking through the proposed area and has no problem complying. Dirmann had a question regarding the drop curb on Regina. Where the garage doors are coming in will require restriping which will need to be shown on the revised plans. No questions from the commissioners. Justin Capone was accepted and sworn in as Planner. Use is permitted and they are showing a low impact use that is not a detriment to the neighborhood. What is being proposed is a good use of the land. Capone has no issues meeting the points on Planners letter, nor complying with anything. Floor opened to the public Jayson Williams: 790 Holly Place I want this to be clear. Will the bay be constructed? The architect confirmed it would be constructed. Angela Pridgen 800 Holly Place When the vehicles are dispersed are there a lot because there are traffic concerns regarding seniors and children. Koodrey advised that this is not the type of use where a mass flow of vehicles are leaving and coming in at any one time. ZONING BOARD OF ADJUSTMENT MEETING MINUTES AUGUST 17, 2020 _______ ____ PAGE FIVE Koodrey closed, motions were referenced and will be added as a condition on the resolution and the application was open for a vote. Motion: Commissioner Givens Second: Commissioner Gemenden Yes: Commissioners Gemenden, Givens, Heim, Zdan, Zapotocky, Basso, Tomkiewicz and Hering No: none Abstain: none Absent: Commissioners Pellettiere, Smith and Richelieu Application was approved. Motion to approve the resolution of the Zoning Board of Adjustment of the City of Rahway memorialzing the action of the board approving the application of Wanderlei Dasilva for preliminary major and final major site plan approval, preliminary and final major subdivision approval each with use d and bulk c variance. Motion: Commissioner Gemenden Second: Commissioner Givens Yes: Commissioners Gemenden, Givens, Zapotocky, Basso and Hering No: none Abstain: Commissioner Zdan and Heim Absent: Commissioners Pellettiere, Smith and Richelieu MINUTES: Any necessary changes to the Zoning Board of Adjustment meeting minutes of the June 22nd 2020 meeting shall be made and approved by action of the Commissioners. Motion: Commissioner Zapotocky Second: Commissioner Zdan Yes: Commissioners Gemenden, Givens, Zdan, Heim Zapotocky, Basso and Hering No: none Abstain: none Absent: Commissioners Pellettiere, Smith and Richelieu ADJOURN: There being no further business; the meeting was adjourned 10:45pm Motion: Commissioner Zapotocky Second: Commissioner Zdan Yes: Commissioners Gemenden, Givens, Zdan, Heim Zapotocky, Basso and Hering No: none Abstain: none Absent: Commissioners Pellettiere, Smith and Richelieu Meeting was adjourned