Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES JUNE 17, 2024 CALL TO ORDER The meeting was called to order at 7:01p.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 Mr. 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 Commissioners Tomkiewicz and Antisz with excused absences. ZONING BOARD OF ADJUSTMENT MEETING June 17, 2024 PAGE TWO REGULAR MEETING: Chairman Hering opened the meeting with the salute to the flag and placing the Open Public Meeting Act Notice. Fernando Zumba 618 Hamilton Street Application #4/23 Block 169 Lot 10 Applicant seeking Bulk “C” Variances Attorney Malcolm Thorpe confirmed that the application was ready to be heard and was being carried from the March 18th, 2024 meeting. Chairman Hering read the agenda into the record. Board Engineering Peter Bondar and Board Planner Kevin O’Brien were sworn in. Board Engineer Bondar started by addressing his report. Mr. Bondar explained to the board that the orientation of the dwelling has changed. It has moved back from Hamilton Street and toward Fernote Street. The house has moved 6 ft toward Fernote Street to give the house a 12 ft setback for the rear of the property. The front yard setback from Hamilton Street has increased from 14.3 feet to 20 ft, so no variance will be needed. The front yard from Fernote Street has been reduced from 19 ft to 11 ft. The square footage of the house has been reduced to 3,081 square feet with a few minor modifications. The shower was removed from the first-floor plan, but the size of bathroom stayed the same. The attic door in the bedroom was removed. Closets have been added to all the bedrooms. The driveway has reduced from 866 square feet to 674 square feet. Board Planner O’Brien explained the variances requested have changed. The front yard setback on Fernote Street where 20 ft. are required, the prior residence had a 13 foot setback and now 11 feet is proposed. The setback from the property on the left on Hamilton Street has been increased from 6 to 12 feet. Mr. O’Brien stated this is an old neighborhood that was built before zoning regulations, and the house on the left is close to the property line. Attorney Carmine Liotta introduced architect Robert Darden to address the changes in the plans. Robert Darden of 119 Delmonico Ave. Somerset, NJ was sworn in as the architect. Mr. Darden explained the main change is the shift in the location of the house away from the property line. The set back is now 12 feet, and leaves 16 feet between the 2 structures (the proposed house and neighboring house on Hamilton Street). Closets have been added to the bedrooms. The shower has been removed from the first floor bathroom. The house was shifted back from Hamilton Street toward driveway area, which reduced the driveway size. There will be a new curb cut, it will be the same size as existing just shifted over 1-2 feet. Mr. Darden also noted the coversheet has been updated and a new planting schedule has been submitted. The diameter of the stormwater piping to the drywell has been provided. Attorney Liotta asked if there has been any change to the bathroom size on the first floor. Mr. Darden stated the shower has been removed and that the bathroom size may be reduced now to a powder room. The planting schedule has been updated. It shows the plants that are going to be planted. Attorney Liotta asked about the fencing that is proposed? Mr. Darden explained that on Fernote Street will have a solid vinyl white privacy fence, and there will also be a fence between the existing home and the proposed new home. The front of the property has a small chain-link fence. This fence will be adjusted and remain. Mr. Liotta asked about the double window in the basement. This window has been reduced to a smaller basement window. It is not an egress window. Commissioner Zapotocky stated according to the plans they have removed the attic door from the bedroom. There was a concern of people going through the bedroom to access the attic. The access to the attic is a stairway in the back of the house. This is shown on sheet A-2. Commissioner Pellettiere was present at the meeting. Commissioner Zdan asked about the change to accessing the attic. They have removed the door that goes to the stairway to access the attic space. Commissioner Zdan asked if solid white privacy is allowed. Commissioner Zdan requested have the fence on Hamilton Street be changed from a chain link fence to a more aesthetic fence. Mr. Darden agreed to change this fence to something that fits the neighborhood, most likely a picket fence. Commissioner Parson asked about sheet A-2 with folding door by the attic space stairs. Mr. Darden explained that these doors are under the stairs for storage. Commissioner Parson asked if it would be feasible to have the attic entrance where the closet is, instead of going through bedroom. Mr. Darden stated that due to the slope of the roof there is an issue to where the entrance to the attic can be placed. Due to this slope there is only a certain area the stairs can be placed. Commissioner Zapotocky asked about a 6ft. high fence in the front of the house on Fernote Street. He believes that the fence will make the property seem smaller. Mr. Darden stated the fence is for privacy. Commissioner Zapotocky asked if the owner of the property intends to store building materials on the property. Commissioner Zdan stated there is still a commercial vehicle being parked on the lot, which was assured to the board at the last meeting that would be taken care of. Eric Zumba the applicant’s son was sworn in to translate for the applicant. Attorney Thorpe swore in Mr. Eric Zumba. Mr. Fernando Zumba the applicant at 72 Fern Ave. Irvington, NJ was sworn in. Commissioner Zapotocky asked why the applicant wants a 6ft privacy fence on one side of the property. He stated the next door neighbor has a 6ft fence, and they wanted to keep the fence at the same height. Commissioner Parson asked if the applicant has intention of parking a commercial vehicle with commercial plates on the property. He stated yes 1 regular work van on the parking lot. Commissioner Parson asked if it will be a mini van or a commercial van. Mr. Zumba stated it will be a cargo van, and it does have commercial plates. Commissioner Anderson-Harvey asked if the car is just for work or a car that is used commercially. He uses the van for work, because it is a construction van. Commissioner Anderson-Harvey asked if he could park in the street instead of the driveway. Mr. Zumba answered no, he received a ticket. Board Planner O’Brien stated that no more than 1 commercial vehicle can be parked on a residential property as primary use of the resident. So this 1 van would be permitted to be kept in the driveway. Attorney Thorpe clarified that 1 commercial vehicle can be parked on the premises and no more than 4 tons. Planner O’Brien stated the weight limit is for the registered gross weight of the van, but not weighed when materials are in the van. Joseph Hogan of MAP Engineering 170 Kinnelon Rd. Kinnelon 07405 suite 36 was sworn in. Mr. Hogan is a licensed engineer at Map Engineering and was accepted as an expert. Mr. Hogan addressed Board Engineer Bondar’s letter. Mr. Hogan stated with shifting the house back from Hamilton Street it shifted the driveway back. There will be a partially new 1- 2 foot curb cut 1-2 feet to relocate, but the curb cut will not be increased. Mr. Hogan confirmed that all utilities can all be connected to the house. There is a maintenance plan for the permeable driveway. The driveway will need to be visually inspected. There will be an inlet above the stormwater tank and it can be visually checked to make sure nothing is blocking it. Sheet C-3 shows that 6” PVC will be used and lead from all downspouts to the drywell. Mr. Hogan explained that the house is not perfectly parallel to the lot line so the average setback is 12 ft. The front porch corner is at 11.4 ft, the rear part is setback 12.4 ft. Sheet C-1 shows the building coverage calculation is based just on the enclosed dwelling. On C-3 shows the enclosed portion and the front porch is included in the calculation. Commissioner Zdan asked about the parking court, because there are 2 parking spaces on the site. He believes the area is excessively large. Mr. Hogan explained that the parking is designed for 2 cars so they can enter and egress with the other car in the parking lot. Commissioner Zdan asked if the parking size could be reduced and still facilitate that movement. Mr. Hogan would have to calculate the turning radiuses. Board Planner O’Brien asked if the curb cut could be widened and then make a wider driveway to be able to fit 2 cars that could pull in and back out. Would the applicant accept having the driveway built this way, 20 ft wide. Commissioner Liotta stated the applicant agreed that will be fine to make it a 20 ft. wide driveway. They will make a 20’x20’ driveway if the board makes that a condition. Commissioner Parson asked about the visual inspection of the runoff for the parking area. How will this be visibly inspected. Mr. Hogan stated 1 chamber will have a grate so the visual inspection can be done. This is the responsibility of the homeowner. Mr. Marc Remo of Remo Engineering was sworn in as the planner. Mr. Remo has testified before the board and was accepted as an expert. Mr. Remo stated the setbacks have been adjusted and believes all proposals are in accordance with the master plan. The variances are pre existing conditions. The project is a beneficial use and promotes a need for new housing and advances state plan. The property is currently vacant, the proposed will enhance the neighborhood and fits the character of the neighborhood. It meets the parking requirement. The proposed application meets all of the negative criteria. Commissioner Zdan pointed out the building on the vacant lot is a self imposed hardship because the applicant demolished the existing building. Commissioner Zdan also does not believe that the house fits the character of the neighborhood. He believes the house is very large and won’t fit in the neighborhood. Mr. Remo stated that this is a 3 bedroom home and the total living space is 1800 square feet, with the basement and the attic making the square footage larger. Commissioner Zdan believes the bulk of the house is large for this area. Mr. Remo does not believe a 2.5 story house is out of character with the neighborhood. The historic plan 10.3 was read by commissioner Zdan. It states that while many of the homes have undergone historically inappropriate renovations or alterations the district still retains some semblance of the integrity and coherence of a mid-nineteenth century city with respect to the scale, pattern and architectural detail of the vernacular housing. He believes that this is a mid 19th century neighborhood and this house will not fit in with the scale of the neighborhood. The public portion of the meeting was opened. Thomas Moulton of 138 Country Club Lane was sworn in. Mr. Moulton appreciates the points the board has made. Mr. Moulton requested that a fence will not be added to the property that blocks the view from 610 Hamilton Street to street. Mr. Moulton also stated that the commercial vehicles that have been at the property have a lot of equipment on them and believes it could be dangerous to back out on the street. Mr. Moulton has pictures of the vehicles. He will have to send any pictures to the secretary for evidence. Attorney Liotta does not believe that these pictures should be allowed to be viewed by the board members. The public was informed that if there are issues on the property, code enforcement should be contacted. Commissioner Carrillo asked about the house that was on the site previously. Mr. Mouton said it was a 2.5 story home, he believes 3 bedrooms. It was a much smaller house than the proposed. Ms. Carrillo asked if it was maintained. Mr. Moulton believes that it did need some structural work. Mr. Moulton believes the proposed house should be more in the footprint of the previous structure. Joseph Moulton of 610 Hamilton Street was sworn in. There is an open pit on Hamilton Street covered by plywood. He stated that the wood is falling apart and someone could be injured. He stated this is between the sidewalk and the curb, where the sewer line was disconnected. Engineer Bondar will contact the city about his issue. The public portion was closed. Attorney Liotta stated that this lot is a strange size and shape. The buildable lot is not big enough to build a house. Mr. Liotta stated the demolition of the previous house was done with permits and allowed. This proposed house has 1800 square feet of living space. He believes they have accommodated the neighbor’s request and the board’s request. Planner O’Brien stated that this is a C variance. There is a case to be made on the size and shape of the property. The 2nd criteria is that this application permits a better planning alternative than what would be allowed. Chairman Hering called for a 10 minute break at 8:32. The meeting was reconvened and called back into session at 8:41pm. Commissioner Zdan motioned to approve the application with conditions of: all fencing surrounding the property must comply with city zoning ordinances, a reminder of no parking commercial vehicles on city property, the curb cut expanded to make a driveway no more than 20 ft x 20 ft, the architectural plans are updated to show reduced size of the basement window and reduced size of the powder room. Commissioner Zapotocky would like a condition that after the CO is approved that no building materials are stored on the property. Commissioner Zdan agreed and added this to the motion. Commissioner Anderson- Harvey would like a copy of the resolution in Spanish. Motion: Commissioner Zdan Second: Commissioner Zapotocky Yes: Commissioners Gemenden, Zapotocky, Parson, Smith, Anderson-Harvey, Carrillo, and Chairman Hering No: Commissioner Zdan Abstain: Pellettiere Absent: Commissioners Tomkiewicz and Antisz Memorialization: Commissioner Zdan made a motion to approve the 2023 Zoning Board of Adjustment annual report. Motion: Commissioner Zdan Second: Commissioner Gemenden Yes: Commissioners Zdan, Gemenden, Zapotocky, Parson, Smith, Anderson-Harvey, Carrillo, Pellettiere and Chairman Hering No: none Abstain: none Absent: Commissioners Tomkiewicz and Antisz MINUTES: Any necessary changes to the Zoning Board of Adjustment meeting minutes of March 18, 2024 shall be made and approved by action of the Commissioners. Motion: Commissioner Zdan Second: Commissioner Anderson-Harvey Yes: Commissioners Zdan, Gemenden, Zapotocky, Parson, Smith, Anderson-Harvey, Carillo and Chairman Hering No: none Abstain: Commissioner Pellettiere Absent: Commissioners Tomkiewicz and Antisz Minutes Approved An update of the Planning and zoning board was given. Adjourn: A motion was made to adjourn the meeting: Motion: Commissioner Zdan Second: Commissioner Pellettiere Yes: Commissioners Zdan, Gemenden, Zapotocky, Parson, Smith, Anderson-Harvey, Carrillo, Pellettiere and Chairman Hering No: none Abstain: none Absent: Commissioners Tomkiewicz and Antisz ADJOURN: There being no further business; the meeting was adjourned at 8:55pm.