Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES FEBRUARY 22, 2021 CALL TO ORDER The Zoning Board of Adjustment of the City of Rahway held its regularly scheduled meeting Monday, February 22, 2021 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). Adequate notice of this meeting, as required by the New Jersey Open Public Meetings Act, also known as the Sunshine Law, has been provided by an Annual Notice sent to the City’s official newspaper NJ Star Ledger on January 18, 2021 and posted on the bulletin board in the of the Municipal Complex, posted on the City website, and filed with the Clerk of the City. The meeting was called to order at 7:03 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. Jelsie Basso, Commissioner Mr. Brandon Givens, Commissioner Mr. James Heim, Commissioner Mr. Adrian Zapotocky, Commissioner Mr. Robert Parson, 1st Alternate Commissioner Mr Richard Zdan 2nd Alternate Commissioner Mr. William Tomkiewicz, 3rd Alternate Commissioner Mr. Roy Smith, 4th Alternate Commissioner Mr. James E. Pellettiere, Commissioner / Vice Chairman Mr. William Hering, Commissioner / Chairman Mr. Mark Moon, Esq, Board Attorney Ms. Jacqueline Dirmann, City Engineer Ms. Leigh Fleming, acting as Board Planner for Pine Street Application Mr. Kevin O’Brien City Planner Ms. Ann Marie Williams, Board Secretary *Absent from this meeting was Commissioner Givens. ZONING BOARD OF ADJUSTMENT MEETING MINUTES FEBRUARY 22, 2021 _______ PAGE TWO REGULAR MEETING: Chairman Hering opened the meeting at 7:03 pm with the regulations and reading of the agenda into the record. The following action took place. Commissioner Zdan after discussion with Board Attorney Moon requested that the swearing in of the new Commissioner Robert Parson be moved to the top of the agenda. Motion: Commissioner Zdan Second: Commissioner Pellettiere Yes: Commissioners Gemenden, Zdan, Zapotocky, Basso, Tomkiewicz, Heim, Smith, Pellettiere and Hering No: none Abstain: Commissioner Parson Absent: Commissioner Givens Commissioner Parson was sworn in. Chairman Hering opened the floor to Board Attorney Mark Moon to discuss application titled Pine Street Rahway, LLC – Proposed One (1) four-unit, 3-Bedroom Townhouse; Proposed Two (2) five-unit, 3-Bedroom Townhouses Pine Street Block 358 - Lots 8, 9 & 10 Preliminary & Final Site Plan Approval, Use (“D”) Variance, Bulk (“C”) Variance. Moon confirmed the meeting was properly noticed and began to address the concerns of the applicant’s attorney. Application had previously been carried over because of comments raised on the reports submitted by the Board Professionals. Moon spoke to the additional parcel added which changed the applicant’s submission. Moon also advised that not all the items raised on the Board Professional review letters were addressed so it would be difficult for the board to proceed before seeing these items covered. James T. McCarthy attorney for the applicant discussed the intent of the application and the amendment adding lot 8. McCarthy did not disagree with the Board Professionals comments and asked Moon what the best course of action would be. McCarthy expressed that they had no intention of ever blindsiding the Board and understands that if all the information is not here the submission really is not ready to be heard. Board Engineer Dirmann recommended that the applicant be given more time to address the outstanding and John Barree representing the Board Planner agreed. Moon confirmed that members of the public were properly notified and the decision to carry over the application was made so it will not be necessary to re notice. Applicant waived consent of the deadline. Board Planner O’Brien and acting Planner for this application Barre discussed some terms of the variance with respect to lot 8 which will not factor into the hearing at this time. There were discussions regarding whether notice reflected the lot 8 and confirmation was made that notice did include it. ZONING BOARD OF ADJUSTMENT MEETING MINUTES FEBRUARY 22, 2021 _______ PAGE THREE Decision was made amongst all interested parties that the application will be carried over to the April 19, 2021 meeting with the understanding that the applicant will need to meet the deadlines regarding resubmission so that both the Board Commissioners/Professionals will have time to review and provide feedback where applicable. Applicant will need to be prepared for the April meeting with a complete application inclusive of answers to any points addressed by the Board Professionals. Floor was opened to questions by the Public. William Simonitis: 2058 Wall Street Q: One question about the procedures. If there are going to be changes to the plan, how is the community going to be made aware. A: Moon advised that all submissions are on the City of Rahway Website. Q: Parking is a concern because it is a residential neighborhood. Currently there are a lot of cars being parked in the street and he hopes that the housing takes parking into consideration. A: no response required for this statement. There being no further questions from the Professionals, Commissioners or Public, a Motion was made to carry over the Pine Street application to the April 19, 2021 Board of Adjustment meeting without further notice. Motion: Commissioner Pellettiere Second: Commissioner Gemenden Yes: Commissioners Gemenden, Zapotocky, Zdan, Tomkiewicz, Hering, Smith, Heim, Pellettiere, Parson and Basso No: none Abstain: none Absent: Commissioner Givens Motion was approved MINUTES: Any necessary changes to the Zoning Board of Adjustment meeting minutes of the January 25th, 2021 Reorganization meeting shall be made and approved by action of the Commissioners. Motion: Commissioner Zdan Second: Commissioner Hering Yes: Commissioners Gemenden, Zdan, Zapotocky, Basso, Tomkiewicz, Smith, Pellettiere and Hering No: none Abstain: Commissioners Parson and Heim Absent: Commissioner Givens ZONING BOARD OF ADJUSTMENT MEETING MINUTES FEBRUARY 22, 2021 _______ PAGE FOUR Any necessary changes to the Zoning Board of Adjustment meeting minutes of the January 25th, 2021 Regular meeting shall be made and approved by action of the Commissioners. Motion: Commissioner Pellettiere Second: Commissioner Gemenden Yes: Commissioners Gemenden, Zdan, Zapotocky, Basso, Tomkiewicz, Smith, Pellettiere and Hering No: none Abstain: Commissioners Parson and Heim Absent: Commissioner Givens ADJOURN: There being no further business; the meeting was adjourned 7:58pm Motion: Commissioner Zdan Second: Commissioner Gemenden Yes: Commissioners Gemenden, Zapotocky, Zdan, Tomkiewicz, Hering, Smith, Heim, Pellettiere, Parson and Basso No: none Abstain: none Absent: Commissioner Givens Motion was approved Meeting was adjourned