Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT REORGANIZATION & REGULAR MEETING MINUTES JANUARY 22, 2024 CALL TO ORDER The Reorganization meeting was called to order at 6:49 p.m. 1 City Hall Plaza Rahway, NJ 07065 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 The Home New Tribune on January 11th, 2024 and posted on the bulletin board of the Municipal Complex, posted on the City website, and filed with the Clerk of the City. ______________________________________________________________________________ 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. Adrian Zapotocky, Commissioner Mr. William Tomkiewicz, Commissioner Mr. Richard Zdan, Commissioner Mr. Timothy Antisz, Commissioner Ms. Robert Parson, 1st Alternate Commissioner Ms. Courtney Anderson-Harvey, 2nd Alternate Commissioner Mr. Roy L. Smith, 3rd Alternate Commissioner Ms. Vanessa Carrillo, 4th Alternate Commissioner Mr. James E. Pellettiere, Commissioner Vice Chairman Mr. William Hering, Commissioner Chairman Mr. Malcolm Thorpe, Esq, Board Attorney Mr. Peter Bondar, Board Engineer Mr. Kevin O’Brien, Board Planner Mr. Steven Decker, Board Secretary Absent from this meeting was Commissioner Carrillo with an excused absence. SWEARING IN: - Mr. Joann Gemenden - Mr. Timothy Antisz - Ms. Courtney Anderson-Harvey - Mr. Roy Smith ZONING BOARD OF ADJUSTMENT MEETING JANUARY 22, 2024 ______ PAGE TWO REORGANIZATION MEETING: The meeting began at 6:49pm REORGANIZATION MEETING: 1. Adoption of resolution awarding Professional Services to: T&M Associates, Peter Bondar, P.E. , and appointment as Board Engineer McManimon, Scotland & Baumann, LLC., Malcolm Thorpe, 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. A motion was made by Commissioner Gemenden and seconded by Commissioner Zapotocky. Motion: Commissioner Gemenden Second: Commissioner Zapotocky Yes: Commissioners Gemenden, Tomkiewicz, Zapotocky, Antisz, Smith, Anderson-Harvey, Pellettiere and Hering No: none Abstain: none Absent: Commissioners Zdan, Parson and Carrillo Motion Approved A. Election of Chairman Commissioner Zapotocky 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 Zapotocky Second: Commissioner Pellettiere Yes: Commissioners Gemenden, Tomkiewicz, Zapotocky, Antisz, Smith, Anderson-Harvey, Pellettiere and Hering No: none Abstain: none Absent: Commissioners Zdan, Parson and Carrillo  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 Second: Commissioner Zapotocky Yes: Commissioners Gemenden, Tomkiewicz, Zapotocky, Antisz, Smith, Anderson-Harvey, Pellettiere and Hering No: none Abstain: none Absent: Commissioners Zdan, Parson and Carrillo C. Election of Secretary Commissioner Zapotocky 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 Zapotocky Second: Commissioner Gemenden Yes: Commissioners Gemenden, Tomkiewicz, Zapotocky, Antisz, Smith, Anderson-Harvey, Pellettiere and Hering No: none Abstain: none Absent: Commissioners Zdan, Parson and Carrillo Commissioner Parson was present at the meeting. An announcement was made that Commissioner Heim had resigned from the board. The board wanted to thank him for his service. OTHER BUSINESS: 1. Adoption of resolution approving the 2024 – 2025 Zoning Board meeting calendar Motion: Commissioner Parson Second: Commissioner Anderson-Harvey Yes: Commissioners Gemenden, Tomkiewicz, Zapotocky, Antisz, Parson, Smith, Anderson- Harvey, Pellettiere and Hering No: none Abstain: none Absent: Commissioners Zdan and Carrillo The reorganization meeting ended at 6:59pm REGULAR MEETING: The Regular meeting began at 7:02pm 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. Board Engineering Peter Bondar and Board Planner Kevin O’Brien were sworn in. Fernando Zumba 618 Hamilton Street Application #4/23 Block 169 Lot 10 Applicant seeking Bulk “C” Variances *This application is being carried to the February 26, 2024 meeting* Attorney Thorpe made an announcement that 618 Hamilton Street is being carried to the February meeting. Mr. Thorpe confirmed that adequate notice was given, and it is being carried to February. No re-notice is needed. Tomislav & Biljana Paprikic 196 E. Grand Ave. Application #10/23 Block 380 Lot 5 Applicant seeking a Minor Subdivision with Use “D-2” Variance and Bulk “C” Variances Attorney Christopher Kozlowski introduced the application. Attorney Thorpe confirmed that notice had been received and the application could be heard. Wayne Ingram of FPA Associates, 700 Grand Avenue Hackettstown was sworn in as the engineer for the applicant and was accepted as an expert. Mr. Ingram explained that the lot is a roughly 11,000 square foott corner lot. It is bordered by Montgomery Street to the east. There is a church across Montgomery street. Across East Grand Ave. from the property there are larger multifamily housing. There were houses previously north of the property, but now it is just Merck property. 196 East Grand currently has a 2 family home on the property. The applicant is proposing to subdivide into 2 lots, one 5400 sq ft, and one 5900 sq ft. The existing 2 family home operates on ½ the property. It is split by a fence and the other side of the property is not used. The current driveway comes off East Grand. In the proposal the driveway on East Grand Ave. is being removed and a parking lot that fits 4 cars that enter and exit onto Montgomery street is proposed. There is a C variance for lot width. This is an existing condition of 32 ft frontage on E. Grand. All C variances were preexisting. Commissioner Zdan was present at the meeting 7:12pm. The existing house has 3 points of access. Mr. Ingram believes the proposed parking will improve the situation. The newly formed lot conforms with all zoning requirements. The empty lot would be restored. They believe they meet multiple Planning proofs. By removing the driveway on East Grand Ave. this will create a safer condition for cars to exit the property. The improvements on the newly formed lot will improve the visual look in the neighborhood and create a transition. Meets purpose H, the use is already present in a non conforming manner. They are actually creating more parking spots. Mr. Ingram does not see any negative impacts. The lot size will be smaller, but because of the fence this house has already operated on a smaller size lot than proposed. They are also adding street trees and a drywell is proposed on the new lot to help with any runoff. This whole area on East Grand Ave. are multi family houses. Mr. Ingram believes this plan meets the master plan goals. Commissioner Zapotocky asked how many people occupy the 2 family house. Commissioner Zapotocky would like to know why the proposed parking lot is so large. Mr. Ingram stated it was made to be a 4 car parking lot, where cars would have sufficient room to back out and turn around and drive out forward facing. Mr. Ingram showed exhibit 1. This was an alternate 20 ft. wide driveway. They could stack 2 cars. It would reduce impervious coverage on the entire lot. Commissioner Zapotocky asked about lot coverage. Lot coverage with the smaller driveway from exhibit 1 would be 43.7% and with the proposed 4 car parking lot would be 57.2%, both are conforming. Board Engineer Bondar recommended using the small driveway to reduce impervious coverage, and keep the drywell on the new lot. Board Planner O’Brien stated that this change could make a big difference in the layout of the property. Attorney Thorpe made an announcement that the board was reviewing exhibit 1. Chairman Hering called for a 5 minute recess 7:32pm. The meeting was resumed at 7:41pm. Roll Call was taken, all members were present. Board Planner O’Brien asked about the neighborhood, and wanted to know about the existing area on Montgomery Street. Mr. Ingram stated there is no specific plan for the new house on Montgomery street, but they are planning on having it fit into size and color of houses in the neighborhood. Mr. O’Brien asked about putting a drywell on the East Grand property. Mr. Ingram stated they could place a drywell in the new driveway. Planner O’Brien asked about the street trees. They are not proposing on taking out any street trees. If they make the double wide driveway they would have to remove 1 street tree on Montgomery. Planner O’Brien stated that any proposed outdoor lighting will need to be downward facing. Mr. O’Brien commented that part of the burden of proof is meeting the positive criteria. The deterioration of parts of the property will be improved with the new lot. Mr. O’Brien stated that this lot should be kept nice, and cleaning up your own property does not count as positive criteria. Planner O’Brien also talked about the proposed alternate parking arrangement from Exhibit 1. The lot line will not change at all from this configuration. Could they reduce the driveway on Montgomery Street to 2 spaces. This would allow the lot line to be moved in more of a straight line. Mr. Ingram stated that the existing lot is configured in an odd shape so he believes there may not be a straight line to make the properties. Commissioner Zdan asked if there are bigger parking areas like the proposed on Montgomery Street. Mr. Ingram stated there are not larger parking areas on the street, just driveways. The applicant and property owner Mr. Tomislav Paprikic of 8 Bayview Terrace Greenbrook NJ was sworn in. Mr. Paprikic stated that there are currently 4 tenants in the 2 family house. Two on 2nd floor and two on 1st floor. They currently have 2-3 cars. Mr. Paprikic would like to build a new house on the proposed lot. The 2 family house consists of two one-bedroom units. Commissioner Gemenden stated she prefers the revised plan with 4 stacked parking spots in the driveway. Commissioner Parson believes it is better to have a larger driveway so it fits the street. Commissioner Gemenden motioned to approve the application with the modified parking plan from exhibit 1 with 4 off street parking spots stacked. Commissioner Parson seconded this with the condition that storm water runoff drywell is still installed. Mr. O’Brien asked if the street tree needs to be replaced. Commissioner Gemenden agreed to add conditions to add an additional street tree to replace the one removed from the driveway and downward facing light fixtures on new house which were added to the motion. Motion: Commissioner Gemenden Second: Commissioner Parson Yes: Commissioners Gemenden, Tomkiewicz, Zapotocky, Antisz, Parson, Smith, Anderson- Harvey, Pellettiere and Hering No: none Abstain: Commissioner Zdan Absent: Commissioner Carrillo Motion Approved MEMORIALIZATION: Berto Construction 625 Leesville Ave. Application #13/23 Block 279 Lot 1-5, 8&9 Applicant seeking a Minor Site Plan w/ Use “D” Variance and Bulk “C” Variance Motion: Commissioner Pellettiere Second: Commissioner Gemenden Yes: Commissioners Zdan, Gemenden, Tomkiewicz, Parson, Smith, Anderson-Harvey, and Pellettiere No: none Abstain: Commissioner Zapotocky, Antisz, and Chairman Hering Absent: Commissioner Carrillo Motion Approved Board Planner O’Brien stated that Commissioner Heim has resigned and the board agreed a resolution should be passed for his service to the board. Motion: Commissioner Zdan Second: Commissioner Anderson-Harvey Yes: Commissioners Zdan, Gemenden, Tomkiewicz, Zapotocky, Antisz, Parson, Smith, Anderson-Harvey, Pellettiere and Hering No: none Abstain: none Absent: Commissioner Carrillo Motion Approved MINUTES: Any necessary changes to the Zoning Board of Adjustment meeting minutes of November 20, 2023 shall be made and approved by action of the Commissioners Motion: Commissioner Zdan Second: Commissioner Pellettiere Yes: Commissioners Zdan, Gemenden, Tomkiewicz, Parson, Smith, Anderson-Harvey, and Pellettiere No: none Abstain: Commissioner Zapotocky, Antisz, and Chairman Hering Absent: Commissioner Carrillo An update of the Planning Board was given. A motion was made to adjourn the meeting: Motion: Commissioner Zdan Second: Commissioner Anderson-Harvey Yes: Commissioners Gemenden, Zdan, Tomkiewicz, Zapotocky, Antisz, Parson, Smith, Anderson-Harvey, Pellettiere and Hering No: none Abstain: none Absent: Commissioner Carrillo ADJOURN: There being no further business; the meeting was adjourned at 8:20pm.