Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES September 19, 2022 CALL TO ORDER The Regular meeting shall be called to order at 7:00 p.m. 1 City Hall Plaza Rahway, NJ 07065 ______________________________________________________________________________ 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 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. 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 Givens, Gemenden, Basso, and Parson which were excused absences. *Commissioner Basso has resigned from the board. REGULAR MEETING: The meeting was called to order 7:02pm. The board professionals, Planner Kevin O’Brien and Engineer Jacqueline Dirmann were sworn in. Chairman Hering opened the meeting with the salute to the flag, placing the Open Public Meeting Act notice and reading of the agenda into the record. The following action took place. There were two applications on the agenda to be heard. Waheguru JI, LLC 1399 Lawrence Street Application #8/22 Block 338.02 Lot 15.02 Applicant is requesting Preliminary and Final Major Site Plan and Bulk "C" Variance 259 Elm Ave. LLC 259 Elm Ave. Application #15/21 Block 151 Lot 4 Applicant is requesting Preliminary and Final Major Site Plan and Bulk “C” Variance and Use “D” Variance Hearings The first application to be heard was: Waheguru JI, LLC 1399 Lawrence Street Application #8/22 Block 338.02 Lot 15.02 Applicant is requesting Preliminary and Final Major Site Plan and Bulk "C" Variance Attorney Thorpe confirmed the application was properly noticed and ready to be heard. Attorney Maria Tsitsiragos introduced the application. Anthony Gallerano of Harbor Consultants 320 North Ave. East in Cranford. Mr. Gallerano is a professional Engineer and was accepted as an expert. Exhibit A, an aerial view of the site was introduced to the board. The property at 1399 Lawrence Street was shown. This property is completely bordered by roadways. Lawrence Street to the west, US 1&9 to the East and a ramp to the North. The property is .53 acres and irregularly shaped. It was previously a Gas station. It was approved as a gas station in 2009, but was never acted upon. Exhibit B, a colorized site plan of the proposal was exhibited to the board. The applicant proposes to build a gas station with convenience store, and offices on 2nd floor. This would be a three pump station. The building will total 1800 square feet. The parking area is proposed for 22 cars, where only 16 are required. There will be storm water management, landscaping, and lighting on the property. This property is located in a flood area. The applicant has filed for the DEP permit. The building will be elevated because it is located in a tidal area. Exhibit C, a rendering of the proposed sign for the station was displayed. The maximum sign face is 75 sq. ft. total. The sign will be 13 feet in height and 5 feet in width. There will be a 50 sq. ft. face of the sign. There will also be 3 price panels. The price panels are required by law, and Mr. Gallernao believes they are categorized as “other” signs, not part of the main sign. Gas Stations are permitted conditionally in the zone. The office is not permitted. The retail is permitted and does not need a variance. The bulk “C” variances requested are Lot depth of 50.3 ft. where 200 is required, however because of the shape of the property there is no length of 200 ft on the property. 25 ft. is required for the rear yard, where 5 ft. is proposed. The side yard requirement is 20 ft. where 12 ft is proposed. Driveway width 25 ft, proposing 20 ft. Pump set back is 20 ft, only 13 ft proposed. There is also a landscaping variance, and the trash enclosure is visible to the street. Commissioner Zdan asked where sign will be located. It will be next to the entrance driveway. Board Engineer Dirmann asked what the Base flood elevation is and how much the building will be elevated. Mr. Gallerano stated that the building will be flood proofed and have flood panels at the entrances. This is located in a zero net fill area. Ms. Dirmann stated a DEP permit will be a condition of approval. The site will also need approval for the driveway on county road. The applicants have already applied for it. Ms. Dirmann asked about the projected traffic. Mr. Gallerano did not do volume calculations, but there are only 3 pumps, they do not anticipate large volume. Board Planner O’Brien questioned about the lighting and brightness of the site. Mr. Gallerano stated that brightness on the plans were due to the canopies, but stated they will be turned down. The applicant is willing to submit a revised lighting plan. The site currently has an open case with DEP and is under review. The site will be cleaned and have a remedial action outcome. No matter if it is developed or not the site needs to be cleaned. There will be monitoring wells installed. Mr. O’Brien asked if the sign will have any electronic messages besides the price. Mr. Gallerano answered no they do not plan on having electronic messages on the sign. Commissioner Zapotocky questioned why the distance from pumps to roadway is less than required. Mr. Gallerano stated that it is only one way so the circulation doesn’t need to be as large as a two way circulation. Commissioner Heim asked what environmental permits will be required and if the old tanks have been removed. Mr. Gallerano stated the remedial action work plan will be specific to the project and take all of the plans into account. The remediation will be incorporated into the site plan and construction process of the land. Attorney Tsitsiragos stated that MIG consulting LLC is the consulting firm and team that is handling the monitoring of the site in conjunction with the DEP. The applicant has been working with them. Commissioner Pellettiere asked how long the property has been vacant, and how long they have been working with the DEP. Engineer Dirmann asked if proof of working with an LSRP can be a condition for resolution compliance. Attorney Thorpe asked if the DEP will state in a letter to the city that the property is allowed to develop. Mr. Gallerano stated that the LSRP can submit the application. Exhibit D was a letter from the Environmental Consultant MIG. It stated all of the tasks that have been completed at the site and are continuing to be done at the site. The Remedial Site investigation report will dictate what can be done at the site. The LSRP will make sure the applicant is taking the correct steps. Commissioner Zdan asked about the LSRP. Licensed Site Remediation professional. This person is responsible for the site, and they are responsible for the remediation of the site. The remediation is tied to their license. The applicant must engage an LSRP, submit a letter and RAW (Remedial Action Workplan) to the city as a condition of approval. Board Planner Kevin O’Brien stated that the site plan approval is for 3 years, and the applicant can request two additional one year extensions. Mr. Greg J. Waga of Waga Enterprises-Architects at 2109 St. Georges Ave. Rahway was sworn in as an architect. Mr. Waga was accepted as an expert. The applicant is building an 1800 square foot structure. It will be a contemporary style building. The ground level plan will be a convenience store configuration. There will be a stairwell in rear left of the store. The building will have three offices on top. One office will be used by the applicant and gas station. The building will also have a common area, and two handicap accessible bathrooms. Commissioner Heim asked if the units will be rented out. Yes, they will be, and parking will be providing 22 spots where only 16 required. Board Planner Kevin O’Brien asked about the colors. There will be natural colors, brown and beige. Brown colored brick façade. Commissioner Zdan asked what the intentions are for the two suites. Amandeep Singh of 604 Union Ave. Belleville NJ was sworn in. Mr. Singh is a member of Wahejuru JI LLC. Mr. Singh stated they are looking to rent to a small office business, such as lawyers or real estate. The offices are 450 square feet. They are looking for low traffic tenants. The convenience store will eventually be a 24 hour operation, but not initially. There will be one cash register. Mr. O’Brien asked about the hours of operation and number of employees. Two employees inside the store, and two employees for the gas station. At least 3 shifts per day. If the store is open 24 hours, there will be 4 shifts. Maximum of 8 employees on site at the same time. The applicant also added that the same LSRP has been retained since 2015. They will be conducting another environmental test next month. Commissioner Zdan asked what type of businesses would be allowed in the offices if this was approved. Planner O’Brien explained Business Service Uses would be allowed (ie: accountant, lawyer). Commissioner Heim asked about the store and the expected traffic. 7am-9am is the busiest time. Commissioner Zdan requested a condition of approval that only professional services are available to limit the types of businesses that can be used. The meeting was opened to the public. There was no comment from the public. Ms. Tsitsiragos stated that she believes the application complies with all the requirements for the approval. The applicant complies and agrees to all discussed conditions that would be on the application. Commissioner Zdan motioned to approve the application with all discussed conditions. Commissioner Pellettiere seconded the motion with the conditions of approval discussed including approvals from the NJDEP and LSRP for remediation plan submitted to city, county approval for a driveway, revised lighting Plan, and that the sign adheres to ordinance with no digital messages displayed, along with a limit on the allowable office space to professional services only. Planner O’Brien added that the applicant must submit all DEP to LSRP reports to Board Planner & Engineer. Commissioner Zdan agreed to all conditions being added to the motion. Motion: Commissioner Zdan Second: Commissioner Pellettiere Yes: Commissioners Zapotocky, Heim, Zdan, Tomkiewicz, Smith, Pellettiere and Chairman Hering No: none Abstain: none Absent: Commissioners Gemenden, Givens and Parson Motion Approved Next to be heard was: 259 Elm Ave. LLC 259 Elm Ave. Application #15/21 Block 151 Lot 4 Applicant is requesting Preliminary and Final Major Site Plan and Bulk “C” Variance and Use “D” Variance Attorney James McCarthy, of 33 South Wood Ave. Iselin, NJ introduced the application to the board. Board Planner Kevin O’Brien explained this is a use variance for a multi family residence in a R-2 single family zone. Engineer Adnan Khan AWZ Engineering 150 River Road, Montville, NJ was sworn in. Mr. Khan was accepted as an expert. The site currently is a vacant funeral home. There are two driveways at the property, one from Elm Ave. and one from Bryant Street. Mr. Khan discussed the variances concerning the set backs at the property. They are all pre existing non conforming. The footprint of the building will remain the same, but the height of the building will increase. The maximum lot coverage in the zone is 50%. The site is currently 69% but will be reduced to 61%. FAR maximum is 40%, and the applicant is seeking 53.4%. The project complies with the RSIS parking requirements. There is a total required 10 spaces, applicant proposes 12 spaces. The applicant will provide 2 EV charging spaces. The driveway in the front area will be expanded and two handicap spaces will be installed. The rest of the parking will be in the back of the property, with access from Bryant street. Curbing will be added to prevent water from running off the property. One tree in the front will be taken down, but 8 new trees will be added to the back and sides to replace it and add a buffer. Shrubs will be added to the front side facing Elm Ave. 10ft Light pole will be added to the parking. The light will be downward facing and fully shielded to prevent overflow. Commissioner Pellettiere asked about the tree that is being removed in the front of the property. Mr. Khan believes it is an 8-10” diameter tree. Mr. Khan provided a point by point response to the Engineering report. Item 8 Sewer and Water capacity- It will not require a TWA report. Applicant will provide a utility report for existing usage and proposed usage. Mr Khan believes it will be roughly 1500 gallons per day, and a 4 inch line can handle this. The sewer line will tie in on Elm Ave. They are replacing utility lines with new connections but using the same existing placement. Item 9 ADA Ramp- They will comply with all ADA accessibility. Item 11 Roof Drains- They can be shown from architecture plan. Engineer Dirmann wants to see where they flow now and requires it to be added to the site plan. Mr. Khan stated they will keep the same drains. Engineer Dirmann asked about the garbage in the area. Each unit will have individual cans. They will be placed on the curb. The garbage bins will be placed on grass behind parking area, or on the east side of the building. The applicant can add a vinyl fence to shield the cans from the area. Engineer Dirmann stated the garbage should be on a paved surface. This will increase the impervious coverage on the site. Mr. Khan stated that even if a pad is added, impervious coverage at the site will still be decreased by 7.5%. Chris Zehnder, of Zen Architecture 215 Jefferson Ave. Elizabeth NJ was sworn in. Mr. Zehnder was accepted as an expert. Mr. Zehnder explained that the applicant wants to keep the design of the building from the outside on both street fronts the same. The footprint of the building will not be changing. The horizontal plane of roof surface will stay the same. Mr. Zehnder explained the basement area has extra space that can be used as a garbage room. The first-floor stairs and fire place will be removed. Two apartments will be created on the first floor. The flat roof will be removed to make 1 cohesive roof on the third floor. The basement will have laundry space, and steps from the parking lot with a possible garbage area. The first floor will have steps in the center of the building. The ground level stairs will have a lift for ADA accessibility. There will be a 2-bedroom apartment and a 3-bedroom apartment. The 2nd floor will have a 3-bedroom apartment and a 2-bedroom apartment. This will be on the existing roof deck space of the existing building. The 3rd floor will have 3 bedrooms and 2 bathrooms. The front of the building facing Elm will remain the same. The changes will allow for appropriate storage in the building. It will also allow for large size desirable apartments. The height will comply with the 2.5 story maximum in the ordinance. Commissioner Pellettiere asked the size of the kitchen dining and living room area on the first floor for the 2- bedroom apartment. It will be 21 ft long and 16ft wide open concept. The 2nd floor apartments are the same layout. The bedrooms will be 10x10 and 11x14. Commissioner Zdan asked how many people would be expected to live in the building with 13 bedrooms. Mr. Zhender believes roughly 1 person per bedroom. Commissioner Zdan believes that this density of people in a single family zone is excessive. Commissioner Zdan also asked about the look of the building. Mr. Zhender stated the façade of the building on both streets will remain the same. Commissioner Zdan believes it looks like a very large box building and doesn’t fit the Victorian character of the area. Commissioner Heim asked about an assessment for Lead in the building. Mr. Zehnder stated that the requirements of the building department would have to be adhered to. Attorney McCarthy asked for a 5 minutes recess at 9:26pm. The meeting was reconvened at 9:38 pm. Roll call was taken. Present were commissioners Zapotocky, Heim, Zdan, Tomkiewicz, Smith, Pellettiere and Chairman Hering. The meeting was opened to comment from the public. Dean Nisenbaum of 1364 Bryant Street was sworn in. Mr. Nisenbaum is concerned about the garbage at the site. He is also concerned about the parking in the area and construction issues. There is limited parking now, and residents are concerned about possibility of more on street parking in the area. He is also worried about adding to potential flooding problems with the increase in the size of the structures. Rene Martinez of 254 Elm Ave. was sworn in. Mr. Martinez is also concerned about the parking spaces. Mr. Martinez asked about the EV parking spots, and if it will be for only EV cars. He does not want to see the increased density of the neighborhood and it becoming too crowded. This application is changing a one family home to five families. Richard Sullivan of 274 Elm Ave. was sworn in. Mr. Sullivan asked if the city will pick up the trash for a 5 family apartment building. He would also like to know if the appearance of the back of the house will change, and will it be added onto. Mr. Zehnder replied that the wall will be retained with windows added. On the 3rd level some of the roof will be removed and raised. Mr. Sullivan is also worried about the property changing and creating possible water/flood issues in the area. He believes there is no historical perspective of the house being preserved. He believes this will set a precedent that will change the neighborhood and the city. Jennifer Maier of 1314 Bryant Street was sworn in and referenced a different funeral home that was converted to a single family home, which could be done here. She does not believe this application meets the proofs for a use variance. She believes the back area should be green space. It will not be inherently beneficial to the neighborhood. There are currently issues with on street parking in the area, and this will add to the issues. She stated the site is not currently being maintained and has garbage and an old food truck on it. Yolanda Jenkins of 233 Elm Ave. was sworn in and is concerned that there is no way to control how many residents may be living at the apartment. She believes this will create parking issues, and that renters may not take care of their property the way owners would. Charles Sweetman of 238 Elm Ave was sworn in. He believes taking down the tree would be bad for the area, it is a very nice tree. He is worried about what may happen to the area if the board allows 5 families in a single family area. Alejandro Ortiz of 1265 Bryant Street was sworn in. He believes that the 5-family home is just an investment and not what is best for the neighborhood. Mr. Ortiz believes the home needs a remediation for lead, asbestos and formaldehyde. He believes more people will be living in the apartments than 13. He is also unhappy with the removal of the street tree on Elm Ave. He is concerned the applicant will be unable to have new parts of the building match the historical character of the building. Mr. Ortiz is concerned about the EV charging stations and cars being in an area with flooding concerns. Allen Jones of 247 Elm Ave was sworn in. Mr. Jones is concerned about the structure of the house and the appearance of the house. He is concerned about the density in the area. Mr. Jones owns a funeral home and has parking issues in the area. He would also like to know what will happen to the property in the future. Cindy Solomon of 372 Elm Ave was sworn in. Ms. Solomon explained she is a former zoning officer. She does not believe the application meets any of the standards and does not promote the zoning code of the city of Rahway. It is not beneficial, there is not a special reason for it. If approved, it would also allow for these types of applications to continue coming into the city. Attorney McCarthy stated that after hearing the boards questions and residents comments and questions they would like to extend the time to act and revise the plans to come back to the board in the future with a new plan. The board will require the applicant to re-notice before appearing before the board again. Memorialization of Resolutions MSM Investment Properties, LLC. Witherspoon Street (Vacant Lot) Application #5/21 Block 349 Lot 35 Applicant is requesting a Use “D” Variance Commissioner Zdan motioned to memorialize the resolution for MSM Investment properties. Motion: Commissioner Zdan Second: Commissioner Heim Yes: Commissioners Zapotocky, Heim, Zdan, Smith, Pellettiere, Tomkiewicz and Chairman Hering No: none Abstain: none Absent: Commissioners Gemenden, Givens and Parson Chairman Hering announced that Jelsie Basso has resigned from the board. A vote was taken to accept her resignation and thank her for her service to the Zoning Board. Motion: Commissioner Zdan Second: Commissioner Zapotocky Yes: Commissioners Zapotocky, Heim, Zdan, Smith, Pellettiere, Tomkiewicz and Chairman Hering No: none Abstain: none Absent: Commissioners Gemenden, Givens and Parson MINUTES: Any necessary changes to the Zoning Board of Adjustment meeting minutes of July 18, 2022 shall be made and approved by action of the Commissioners Motion: Commissioner Zdan Second: Commissioner Pellettiere Yes: Commissioners Zapotocky, Heim, Zdan, Smith, Tomkiewicz, Pellettiere and Chairman Hering No: none Abstain: none Absent: Commissioners Gemenden, Givens, Parson Minutes were approved Chairman Hering gave an update on the Planning Board. A motion was made to adjourn the meeting. Motion: Commissioner Zdan Second: Commissioner Pellettiere Yes: Commissioners Zapotocky, Heim, Zdan, Tomkiewicz, Smith, Pellettiere and Chairman Hering No: none Abstain: none Absent: Commissioners Gemenden, Givens and Parson The motion has been approved ADJOURN: There being no further business; the meeting was adjourned at 10:37 pm.