Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES November 22, 2021 CALL TO ORDER The Zoning Board of Adjustment of the City of Rahway held its regularly scheduled meeting Monday, October 18, 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 7:10 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 Mr. Brandon Givens, Commissioner Ms. Jelsie Basso, Commissioner Mr. Adrian Zapotocky, Commissioner Mr. James Heim, Commissioner Ms. Robert Parson, 1st Alternate Commissioner Mr. Richard Zdan, 2nd Alternate Commissioner Mr. William Tomkiewicz, 3rd Alternate Commissioner Mr. Roy, L. Smith, 4th Alternate Commissioner Mr. James E. Pellettiere, Commissioner Vice Chairman Mr. William Hering, Commissioner Chairman Mr. Karl Kemm, Esq, Board Attorney Mr. Malcolm Thorpe, Esq, Board Attorney Ms. Jacqueline Dirmann, Board Engineer Mr. Ed Kolling, Board Planner Mr. Steven Decker, Acting Board Secretary *Absent from this meeting were Commissioners Basso and Parson ZONING BOARD OF ADJUSTMENT MEETING MINUTES November 22, 2021 ______ ______ PAGE TWO Chairman Hering opened the meeting at 7:10 pm with the regulations and reading of the agenda into the record. The following action took place. REGULAR MEETING: Manhattan Elite Property Group Vacant Lot Iva St. Application 14/21 Applicant is requesting a Bulk C Variance Vice Chairman Pellettiere asked Board Planner Ed Kolling and Board Engineer Jacqueline Dirmann if the applicant can be heard. Board Planner Kolling noted that there is a discrepancy between the architectural plans and the site plans. This was also noted in the Engineering report. He said these discrepancies need to be addressed. Board Engineer Dirmann agreed with this assessment. Commissioner Zdan noted that the commissioners received the Planner’s report very late and did not have adequate time to review both the Planner’s report and Engineer’s report. He was concerned that the board may not be ready to hear the applicant. Chairman Hering agreed that it was short notice to review the reports. The applicant’s Attorney Christopher Kozlowski would like to move forward with the hearing and is ready, but understands if the board needs to move the hearing date. A motion was made to move the application to the December Board of Adjustments meeting. Board Attorney Kemm also notified everyone that there needs to be a discussion regarding moving the meetings back to in person. He notified the board that this needs to be resolved before moving the meeting. Commissioner Zdan withdrew the motion to move the current application to the December meeting. A motion was made to move future Board of Adjustment meetings back to live in person meetings at City Hall, beginning December. Motion: Commissioner Pellettiere Second: Commissioner Zdan Yes: Commissioners Gemenden, Givens, Zdan, Zapotocky, Heim, Tomkiewicz, Smith, Pellettiere and Hering No: None Abstain: None Absent: Commissioner Basso and Parson Motion Approved ZONING BOARD OF ADJUSTMENT MEETING MINUTES November 22, 2021 _______ ______ PAGE THREE A motion was made to move the Manhattan Elite Property Group application to the December Board of Adjustments meeting. Motion: Commissioner Zdan Second: Commissioner Givens Yes: Commissioners Gemenden, Givens, Zdan, Zapotocky, Heim, Tomkiewicz, Smith, Pellettiere and Hering No: None Abstain: None Absent: Commissioner Basso and Parson Motion Approved The meeting was opened up for any comments from the public. There were no comments from the public. Chairman Hering and Attorney Kemm acknowledged the notice of an ordinance amending chaper 421 zoning of the City of Rahway to create the West Grand Avenue Overlay Zone. Announcement of a notice of an ordinance of rezoning Lot 1 in Block 302 from R-2 to I-L was also provided. Memorialization for: A motion was made to memorialize a resolution of the Zoning Board of the City of Rahway memorializing the action of the board on the application of Shree DD Investment LLC. 1714 US HWY 1-9 South. Motion: Commissioner Gemenden Second: Commissioner Zdan. Yes: Commissioners Gemenden, Zdan, Zapotocky, Tomkiewicz, Smith, Pellettiere and Hering No: none Abstain: Commissioners Givens and Heim Absent: Commissioners Basso and Parson Motion Approved A motion was made to memorialize the minutes of the Zoning Board of October 18th, 2021. Commissioner Zdan noted an omission of the discussion and vote to approve a Resolution of Recognition for Ann Marie Williams. ZONING BOARD OF ADJUSTMENT MEETING MINUTES November 22, 2021 _______ ______ PAGE FOUR A motion was made to revise the October 18th, 2021 resolution with the vote regarding the Resolution of Recognition for Ann Marie Williams. Motion: Commissioner Zdan Second: Commissioner Gemenden Yes: Commissioners Gemenden, Zdan, Zapotocky, Tomkiewicz, Smith, Pellettiere and Hering No: none Abstain: Commissioners Givens and Heim Absent: Commissioners Basso and Parson Motion Approved A motion was made to Memorialize the October 18th, 2021 with the approved changes from the earlier vote. Motion: Commissioner Zdan Second: Commissioner Gemenden Yes: Commissioners Gemenden, Zdan, Zapotocky, Tomkiewicz, Smith, Pellettiere and Hering No: none Abstain: Commissioners Givens and Heim Absent: Commissioners Basso and Parson A motion was made to memorialize the resolution of the Zoning Board of Adjustments of the City of Rahway memorializing a Resolution of Recognition in honor of Ann Marie Williams for her service as Board Secretary. Motion: Commissioner Zdan Second: Commissioner Givens Yes: Commissioners Gemenden, Givens, Zdan, Zapotocky, Heim, Tomkiewicz, Smith, Pellettiere and Hering No: None Abstain: None Absent: Commissioner Basso and Parson Motion Approved ADJOURN: There being no further business; a motion was made to adjourn the meeting. Motion: Commissioner Gemenden Second: Commissioner Zdan Yes: Commissioners Gemenden, Givens, Zdan, Zapotocky, Heim, Tomkiewicz, Smith, Pellettiere and Hering No: None Abstain: None Absent: Commissioner Basso and Parson Motion Approved Meeting was adjourned at 7:54pm.