Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT REORGANIZATION & REGULAR MEETING AGENDA JANUARY 24, 2022 CALL TO ORDER The Regular meeting shall be called to order at 6:57 p.m. Via ZOOM Teleconference Link: https://us02web.zoom.us/j/89749179029 Meeting ID: 897 4917 9029 Password: 225931 ______________________________________________________________________________ FLAG SALUTE The Board will then salute 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. Kevin O’Brien, Board Planner Mr. Steven Decker, Acting Board Secretary Absent from this meeting were Commissioners Heim, Parson, and Zdan SWEARING IN: - Mr. James E. Pellettiere ZONING BOARD OF ADJUSTMENT MEETING JANUARY 24, 2022 ______ PAGE TWO REORGANIZATION MEETING: REORGANIZATION MEETING: A. Election of Chairman Commissioner Pellettiere made a motion to nominate William Hering as Chairman to the Zoning Board of Adjustment. Commissioner Hering accepted the position as Chairman of the Zoning Board of Adjustment. Motion: Commissioner Pellettiere Yes: Commissioners Givens, Gemenden, Basso, Zapotocky, Tomkiewicz, Smith, Pellettiere and Hering No: none Abstain: none Absent: Commissioners Heim, Parson, and Zdan B. Election of Vice Chairman Commissioner Hering made a motion to nominate James Pellettiere as Vice Chairman to the Zoning Board of Adjustment. Commissioner Pellettiere accepted the position as Vice Chairman of the Zoning Board of Adjustment. Motion: Commissioner Hering Yes: Commissioners Givens, Gemenden, Basso, Zapotocky, Tomkiewicz, Smith, Pellettiere and Hering No: none Abstain: none Absent: Commissioners Heim, Parson, and Zdan C. Election of Secretary Commissioner Hering made a motion to nominate Steven Decker as Secretary to the Zoning Board of Adjustment. Steven Decker accepted the position as Secretary of the Zoning Board of Adjustment. Motion: Commissioner Hering Yes: Commissioners Givens, Gemenden, Basso, Zapotocky, Tomkiewicz, Smith, Pellettiere and Hering No: none Abstain: none Absent: Commissioners Heim, Parson, and Zdan ZONING BOARD OF ADJUSTMENT MEETING JANUARY 24, 2022 PAGE THREE OTHER BUSINESS: 1. Adoption of resolution awarding Professional Services to: Colliers Engineering & Design, Inc, Jacqueline Dirmann, and appointment as Board Engineer McManimon, Scotland & Baumann, LLC., Karl P. Kemm, Esq., and appointment as Board Attorney Shamrock Enterprises, Kevin O’Brien, AICP, PP, and appointment as Zoning Board of Adjustment Planner There was one resolution prepared for all three professionals referenced above. Motion was made by Commissioner Hering and seconded by Commissioner Gemenden. Motion: Commissioner Hering Second: Commissioner Gemenden Yes: Commissioners Givens, Gemenden, Basso, Zapotocky, Tomkiewicz, Smith, Pellettiere and Hering No: none Abstain: none Absent: Commissioners Heim, Parson, and Zdan 2. Adoption of resolution approving the 2022 – 2023 Zoning Board meeting calendar Motion: Commissioner Givens Second: Commissioner Pellettiere Yes: Commissioners Givens, Gemenden, Basso, Zapotocky, Tomkiewicz, Smith, Pellettiere and Hering No: none Abstain: none Absent: Commissioners Heim, Parson, and Zdan The board had a discussion regarding having rules and regulations in place for the zoning board. Board attorney Karl Kemm stated the board should have rules and regulations. He will have them prepared for the next meeting. The reorganization meeting ended at 7:17pm REGULAR MEETING: The Regular meeting began at 7:18pm Manhattan Elite Property Group Vacant Lot Iva St. Application 14/21 Applicant is requesting a Bulk C Variance ZONING BOARD OF ADJUSTMENT MEETING JANUARY 24, 2022 PAGE FOUR Per request applicant has requested to be heard on future date, and an extension of deadline for board action. Board agreed to allow application to be moved to a future date. Board Planner Kevin O’Brien asked if that application was carried in December. He believes we should set a deadline for the architectural plans. Believes we should have the plans by the 14th of February. The board should inform the applicant if it’s not heard in February additional notice will be necessary. Attorney Kemm agreed with this. Board attorney Kemm provided an update on the conditions the board had put on the 1083 Pierpont application, specifically regarding the 2nd handicap ramp. There is a building code regulation that the requires the ramp needs to be installed. The ramp will be used for emergency use only. There is now an exception to the condition, that the ramp will be built if that is what the code requires. Paulina Mancilla, 1044 Pierpont Street attended the meeting and asked to speak regarding 1083 Pierpont Street. She was unable to attend the meeting for Caring Inc., and wanted to let the board know that the neighbors believe the addition in the front is dangerous. Karl Kemm informed her that for the application to be discussed it has to be noticed and the applicant has to be present. Ms. Mancilla wanted to know if anything can be done for this to be revisited. Mr. Kemm said if there is a change and the applicant has to come back to the board then it can be revisited. The only other option at this point is to file a lawsuit against the board. Memorialization for: A RESOLUTION OF THE ZONING BOARD OF THE CITY OF RAHWAY MEMORIALIZING THE ACTION OF THE BOARD ON THE APPLICATION OF CARING INC. 1083 PIERPONT STREET. Motion: Commissioner Gemenden Second: Commissioner Zapatocky Yes: Commissioners Gemenden, Zapotocky, Tomkiewicz, Smith, and Hering No: none Abstain: Commissioners Givens, Basso, Pellettiere Absent: Commissioners Heim, Parson, and Zdan Motion Passed MINUTES: Any necessary changes to the Zoning Board of Adjustment meeting minutes of December 20, 2021 shall be made and approved by action of the Commissioners Motion: Commissioner Gemenden Second: Commissioner Zapatocky Yes: Commissioners Gemenden, Zapotocky, Tomkiewicz, Smith, and Hering No: none Abstain: Commissioners Givens, Basso, Pellettiere Absent: Commissioners Heim, Parson, and Zdan ZONING BOARD OF ADJUSTMENT MEETING JANUARY 24, 2022 PAGE FIVE Chairman Hering gave an update on the new city master plan that will be heard by the planning board. Attorney Karl Kemm informed that council and planning are looking to make amendments to downtown area. The master plan will be reviewed and adopted if Planning Board approves. A motion was made to adjourn the meeting: Motion: Commissioner Pellettiere Second: Commissioner Gemenden Yes: Commissioners Givens, Gemenden, Basso, Zapotocky, Tomkiewicz, Smith, Pellettiere and Hering No: none Abstain: none Absent: Commissioners Heim, Parson, and Zdan ADJOURN: There being no further business; the meeting was adjourned at 7:39pm.