Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES APRIL 19, 2021 CALL TO ORDER The Zoning Board of Adjustment of the City of Rahway held its regularly scheduled meeting Monday, April 19, 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 ZONING BOARD OF ADJUSTMENT MEETING MINUTES APRIL 19, 2021 _______ ______ PAGE TWO REGULAR MEETING: Chairman Hering opened the meeting at 7:01 pm with the regulations and reading of the agenda into the record. The following action took place. Application #05/20: Pine Street Rahway, LLC: Proposed One (1) four-unit, 3-Bedroom Townhouse; Proposed Two (2) five-unit, 3-Bedroom Townhouse: Block 358 - Lots 8, 9 & 10. Board Attorney Moon confirmed the application could be heard and the professionals were sworn in. Board Engineer Dirmann address the Commissioners advising that this application was submitted last year. The applicant changed the team they were working with, revised the plans and addressed all the items identified on the professional review letters. The Board Professionals would not disagree with the revisions and it is a better engineered application. James T. McCarthy attorney for the applicant discussed the intent of the application and the amendment explaining that the applicant now owns lot 9 and is purchasing lots 8 and 10. First witness Anthony Gallerano of Harbor Consultants was sworn in and accepted as a professional. He described the site and was advised that the color rendering he wanted to present could not be accepted as an exhibit. He discussed the proposed 14 units including fencing and landscaping and the stormwater management. Gallerano covered all the points on the Board Engineers review letter and will comply with the sign versus striping as was suggested by the City officials on the development review applications. Floor was opened to questions from the Commissioners. Commissioner Pellettiere inquired on the pump that will go from the property to Wall Street. Gallerano explained that there is no sanitary on Barnett and the best solution was to get to Wall Street. Applicant has an agreement for an easement to make it to Wall Street. Pump Station will be privately owned under control of the Homeowners Association (HOA) and the HOA would be required to hire a licensed operator to manage that. Commissioner Gemenden asked if the trees can be maintained if they are adjacent the property and Gallerano will need to review that. Commissioner Parson asked if the contract for the pump to Wall Street was complete and inquired on the equipment. Gallerano advised that contract would not happen until the HOA is established and then went over the pump station and approval process. Parson then asked about capacity and was advised that the pump is set to cover double the capacity and lastly was advised that the trees being planted would be sycamore. Gallerano addressed the points identified on the Environmental Commissions development review application. The wetlands were already verified by the DEP and what they intend is permitted; DEP stipulated that although there is an amended stormwater regulation whatever was submitted before March 5th is grandfathered under the previous regulations. Lastly the applicant is planting 8 trees on site and 8 trees offsite with an agreement made with the housing authority. Gallerano covered the notes on the Board Planners report regarding the driveway and is requesting a waiver on the width as part of this application. And with this the testimony from Gallerano was concluded. ZONING BOARD OF ADJUSTMENT MEETING MINUTES APRIL 19, 2021 _______ __________ PAGE THREE Floor was opened to questions from the Commissioners. Commissioner Parson questioned the wetlands fill and Gallerano explained the DEP requirements and how they are complying. Commissioner Zdan received explanation the garbage collection which will handled by a private company. Applicant Joseph Cimilluca was sworn in to cover the question regarding the garbage cans which will be stored the same as a normal home would. Zdan questioned the lack of sidewalks on the renderings. Sidewalks will not be added and are part of the application waiver. A fence may be considered to enter the park adjacent the property. Jennifer Wenson Maier of Wenson Associates was sworn in and accepted as a professional. She described the properties and details regarding the floor plans. She also went over the variances being requested and covered all the positive/negative criteria. Commissioner Zdan voiced concerns regarding the testimony of Wenson Maier and what was good for the public. The hardship referenced he considers self-imposed and making the properties smaller covers the issue regarding density. Wenson Maier covered the layout and how it maximized the property with a focus on the neighborhood and the configuration of the area. She advised that there is not an interest in minimizing the builds as the layout was typical of the units in neighboring towns who have done townhouse construction and it is not uncommon of townhome designs. Commissioner Parson also voiced concerns regarding the density and the growth being detrimental to the residents going forward. Wenson Maier advised that the changes they are proposing would change the side yard only. This plan improves the street and creates a safe area for people to live in which currently is just an eyesore. The only thing changing would do is gain a side yard. Commissioner Pellettiere agreed with the previous Commissioners comments with respect to density and layout. Wenson Maier reiterated the 3-bedroom property is a better option for new families and changing the layout wouldn’t give you a better floorplan. Commissioner Zapotocky questioned the value of the 3rd floor office and the potential for an owner to make it a 4th bedroom and was advised that the deed would restrict the owner from using it as a bedroom and there is an HOA for the development. Zapotocky also received fire safety clarity in that there are firewalls between each unit and the development will meet all codes. Commissioner Gemenden voiced her opinion that making the properties smaller doesn’t change things because it does with respect to the wetlands, the ecosystem, etc. which what the other Commissioners were alluding to. Gemenden also voiced concern about there not being any sidewalks because people do walk even when it is not in next to transit. Cimilluca thanked the Commissioners for their input and expressed that he spent a lot of time in the neighborhood with the residents who are all happy with the proposed development. It needs repair and this project will remove the eyesore and increase their property values. It is not feasible as a developer to decrease the size and also be able to cover the costs of the project. ZONING BOARD OF ADJUSTMENT MEETING MINUTES APRIL 19, 2021 _______ ___________ PAGE FOUR Commissioner Parson received clarity on the location of the sliding glass doors and the trash along with fire safety measures since the units do share walls. Commissioner Chair Hering called a break at 9:13 and we reconvened at 9:23. Roll call was done again at this time. Present: Commissioners Gemenden, Givens Zapotocky, Tomkiewicz, Hering, Smith, Heim, Parson, Basso, Pellettiere and Zdan Absent: Smith Quincy McKinney of 2105 Wall Street was called as a witness. As a resident he is in favor of this project. It would improve the issues they have currently with mosquitos and the garbage being dumped in the vacant lot. All the residents he has spoken to are happy with this proposal and would prefer to look at the final build versus the lot that is there. Commissioner Zdan received clarity on the asking price of the home and stated that the price point did not seem reasonable for the target market that Wenson Maier referred to in her testimony. Cimilluca respects the Commissioners’ opinions but disagrees. Cimilluca confirmed once the project starts it would take about 9 months to a year to complete. Lot 9 he owns and lots 8 and 10 are under contract. Commissioner Smith re-joined the meeting. Floor was opened to the Professionals. Dirmann commented that from an engineering perspective, all the important pieces were covered and addressed. Board Planner Leigh Fleming commented that all the operational points were covered and explained that density is calculated as units per acre to give clarity to the Commissioners. Fleming also said that the Commissioners have all they need in front of them to make a decision based on what they feel comfortable with. Floor was opened to the public. Patrick Cassio 191 Barnett Street He appreciated the presentation, supports it 100% and agreed that the property currently is a dump. Cassio is concerned about an increase in traffic on his block which has recently increased with the opening of Amazon and the proximity to Rt 1/9. He had a conversation with Councilman Farrar regarding the installation of a traffic light. He also thinks the Linden Fire Range should be moved because it is just a half a mile away. McCarthy provided his summary saying that this site would not be developed without this developer and it will remain a blighted dump underdeveloped and underutilized. This plan will put beautiful homes up and the testimony from all the professionals supports this application. ZONING BOARD OF ADJUSTMENT MEETING MINUTES APRIL 19, 2021 _______ ____________ PAGE FIVE Moon asked if the applicant would have an issue with making the deed restriction a condition of the approval and can the HOA add to their bylaws the location of the trash cans and received a yes. Commissioners Zdan and Pellettiere reiterated their concerns regarding the overall plans size and density for the record. There being no further questions from the Professionals, Commissioners or Public, a Motion was made to approve this application. Motion: Commissioner Givens Second: Commissioner Zapotocky Yes: Commissioners Gemenden, Givens Zapotocky, Tomkiewicz, Hering, Smith, Heim, Parson and Basso No: Commissioners Pellettiere and Zdan Abstain: none Absent: none Motion was approved. A motion was made to carry over the discussion by the Board Professionals on an ordinance amending chapter 53: land use procedures of the code of the City of Rahway. Motion: Commissioner Zdan Second: Commissioner Givens Yes: Commissioners Gemenden, Givens, Zapotocky, Zdan, Tomkiewicz, Hering, Smith, Heim, Pellettiere, Parson and Basso No: none Abstain: none Absent: none Motion was approved. 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 at 10:55pm Motion: Commissioner Zdan Second: Commissioner Gemenden Yes: Commissioners Gemenden, Givens Zapotocky, Zdan, Tomkiewicz, Hering, Smith, Heim, Pellettiere, Parson and Basso No: none Abstain: none Absent: none Meeting was adjourned.