Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES September 16, 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. 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 Parson with an excused absence. ZONING BOARD OF ADJUSTMENT MEETING September 16, 2024 PAGE TWO Chairman Hering opened the meeting with the salute to the flag and placing the Open Public Meeting Act Notice. Chairman Hering read the agenda into the record. Board Engineering Peter Bondar and Board Planner Kevin O’Brien were sworn in. MEMORIALIZATION: Fernando Zumba 618 Hamilton Street Application #4/23 Block 169 Lot 10 Applicant seeking Bulk “C” Variances Motion: Commissioner Gemenden Second: Commissioner Zapotocky Yes: Commissioners Gemenden, Smith, Carrillo, and Chairman Hering No: none Abstain: Commissioner Zdan, Tomkiewicz, Antisz, Absent: Commissioners Parson and Anderson-Harvey REGULAR MEETING: Commissioner Anderson-Harvey was present at the meeting. An announcement was made that Commissioner Pellettiere has resigned from the board. North 40 Associates LLC. 60 Minna Street Application #4/24 Block 10 Lot 3,4, & 9 Applicant seeking Use “D” Variance and Bulk “C” Variance Attorney Malcolm Thorpe confirmed that the application was ready to be heard. Attorney Kevin Morse introduced the application. Mr. Morse explained that preliminary and final site plan approval is part of the application. Doug Birdsall, of 625 Leesville Ave. Rahway, NJ was sworn in as a representative to the owner. Mr. Birdsall is an employee for Berto Construction, which owns this site. Mr. Birdsall is authorized to present on behalf of the applicant. The property was purchased in September 2023. It was previously used as a contractor yard which stored vehicles. The one building on the site was demolished, and the property is free of buildings. The property has been leased to Lucas Chevrolet for storage of vehicles. At the time the new owners thought this was a continuation of the previous use to store vehicles on the site. The lot capacity at the property is 111 vehicles. Entrance and exit to the site is through a gate on Minna Street. The hours of operation are Monday-Saturday 9am-5pm, but mostly Monday- Friday. There is no nighttime activity at the site. Trips are made roughly 1 to 2 times per day. On average 4-6 trips per week, but maybe up to 10. Employees from the dealership bring the vehicles and remove them. There are no deliveries of cars from large vehicles or carriers. All vehicles are maneuvered within the property and not in the street. These operations have been going on for roughly 1 year. There has been no issue with flooding on the property. There was lighting added to the site, and it was adjusted based on neighbor’s comments. Commissioner Zapotocky asked if all the vehicles stored are new or used. Mr. Birdsall stated they are all brand new vehicles from the Chevrolet dealership on Rt. 1 in Avenel. Mr. Zapotocky does not believe some of the vehicles appeared new. Commissioner Carrillo asked if at any point broken down vehicles will be towed to the lot, or any tow trucks used. Mr. Birdsall stated it is only supposed to be new vehicles. Commissioner Antisz asked about the commercial vehicles. Mr. Birdsall explained there are 15 panel or rack trucks on the site. They are also new vehicles as well. Mr. Antisz asked if there were any responses from the NJDEP regarding permits. The Engineer will address this. Planner O’Brien asked why last fall when the owner came to the board for Berto Construction’s application, they didn’t ask for any permits regarding this site. Mr. Birdsall stated they did not think they needed it because they felt it was a continuation of the use. Board Engineer Bondar asked if there were any changes to the grade, and if any vegetation was removed. Mr. Birdsall testified that the lot was just smoothed out and maybe a few small trees or brush was cleaned up. Angelo Valetutto of 424 Amboy Ave. in Woodbridge was sworn in as both an engineer and planner. Mr. Valetutto was accepted as an expert. Mr. Valetutto noted that some of the vehicles on the lot may also belong to Lucas Subaru. The site plan shows how the lot is laid out. Mr. Valetutto explained that there are improvements proposed along the northern property line which will consists of a 6 foot buffer with 33, 6ft high trees being planted. The applicant also will be reconstructing the apron accessing the property, they are proposing a new concrete apron. The area along Minna Street will be grass and maintained as grass. The lighting has been in place and adjusted based on communication with the neighbor and is proposed to stay the same. Mr. Valetutto testified that other than the demolition of the building, the only change was the site graded to a more level surface for parking. The property is flat which allows vehicles to be able to park and maneuver properly. Mr. Valetutto then addressed the engineering letter from T&M Associates. Comments B1 and B2 have been addressed. B3, there has been no submission to the NJDEP. Until the board acts with a condition of approval they cannot submit to the NJDEP. If the application is approved, then a submission to the NJDEP will be made. Mr. Valetutto does not believe there will be many comments from the NJDEP because the site hasn’t changed. Item B5 proposed plantings for buffering which will consist of 33 Junipers which grow to a height of 30 feet and width of 4 feet. There will also be a chain-link fence with slats in them. Item B6 addressed the landscaping along Orchard Creek. This landscaping and the barriers will be submitted to NJDEP for review. Item B7 – Street Trees along the front of the property are recommended, but Mr. Valetutto stated the site doesn’t work for shade trees, but the applicant will contribute to the city’s tree fund. The lighting at the site is on a sensor and only on from dusk to dawn. Commissioner Zdan asked about the trees being planted along the 6 ft buffer and how it came to a number of 33 trees. The reason is to create some space between the trees and not make a full hedge. Mr. Valetutto said a full hedge may be harder to maintain. Commissioner Zdan asked about the drainage on the site. The site is heavily compacted gravel, how will it drain, and where does the water go when it drains? Mr. Zdan is concerned about potential leaks from vehicles and where it will drain. Any drainage will have to be reviewed by the NJDEP. If NJDEP identifies a drainage issue the applicant will address it and have to create the mandated drainage plan. Commissioner Carrillo asked if there is any contingency plan for the lot regarding flooding, since it’s in the flood hazard area. The applicant stated it hasn’t flooded, but they would move cars if needed. Commissioner Zdan asked if this lot was paved, what type of stormwater system would need to be installed. Engineer Bondar stated if this was a new site, it would have to meet the stormwater rules of the city. However, since it’s existing they do not need to implement a stormwater system. The applicant is actually slightly reducing the impervious coverage at the site. Commissioner Zdan asked if a drainage plan would improve the space. Engineer Bondar stated he recommends a landscaping buffer in the 9ft. buffer between the creek and the parking lot. This would also help with the drainage. Board Engineer Bondar stated that the city would like to have 3-4 trees on the front of the property. Planner O’Brien added to make sure the trees are native species and trees that will not grow into the electric lines. Mr. Morse addressed the Planner’s Letter. The applicant will comply with the comments regarding the chain link fence and bolt the top and bottom. Comment F regarding the parking, the applicant will comply with the planner’s suggestion and have all cars parked forward facing in the double rows of parking in the northeast quadrant. Item C from page 2 was addressed concerning the lighting. There is no nighttime use at all on the site. The lighting level is not proposed to change. Mr. O’Brien proposed turning off the lights in the evening as to not interrupt the neighbors. The applicant believes from a security standpoint the lighting in the evening is better for the business. Mr. Valetutto presented the planning testimony for the application. The applicant is proposing to use the site as a new vehicle storage lot. The property previously contained a contractor’s yard that housed trucks and vehicles. The building was demolished and removed from the property. The property is in the I-L zone. Bulk variances are being requested for minimum lot area of 40,000 square was required and 25,000 sq feet is existing on the lot. The applicant can not acquire any additional property, and any expansion of the site would create a variance for being in a residential zone. The minimum lot width is 150 ft. where the proposed lot is 125 ft. in width. These are existing conditions. Impervious coverage at the site has been reduced by 5%. There is a potential to reduce it another 3-4% with additional plantings on the site. The positive criteria of the application special reasons: A - encourage municipal action that promotes appropriate use of the land and promote health, safety and public welfare health, C – provide adequate light air and open space, and letter G to provide sufficient space and letter M to encourage coordination of public and private procedures for a more efficient use of the land. The use of the property by the prior owner had stored vehicles for many years prior to this. The site is undersized and not suitable for permitted uses in the zone. The size is appropriate for the storage of new motor vehicles and has been functioning well. Mr. Valetutto feels this use does not have a substantial impact on adjacent properties. The variances are all existing conditions for lot area and width. Mr. Valetutto testified that there is no negative criteria, no detriment to the public good, and no negative impact to neighboring properties. The use is not inconsistent with the master plan. Commissioner Carrillo asked what kind of security system there is. The lock on the gate is a combination lock and only the owners can access the site. The owner is the only person to let people in and out of the site. Commissioner Carrillo asked about the addition of an in case of emergency sign. Mr. Valetutto said this sign will have an emergency phone number. The property owner’s phone number will be on the site and will be a 24/7 number in case there are any issues. The meeting was opened to the public. Erin Flynn of 55 Minna Street was sworn in. Ms. Flynn stated the property flooded in December of 2023 and April 2024. She said they do move the cars out when there is a threat of the flood. Ms. Flynn stated the gate isn’t always closed at the site. The highway dividers are in the back of the property and slows the drainage of the flooding from the street. Mr. Birdsall stated that he will be checking to make sure the gate is locked. Commissioner Zdan asked if the gate is left open at certain times as the resident stated. Mr. Birdsall said that the gate is left open during the day sometimes when they are moving cars. Ms. Flynn stated that sometimes the drivers coming from the car dealership are driving fast on the street. Mr. Birdsall will tell Richard Lucas to have the drivers drive more carefully. Suzette Downey of 463 Jaques Ave was sworn in. Ms. Downey stated that the area floods very often. She does not want to allow the lot to be permanently paved. Ms. Downey would like to have as much drainage as possible in the area. Mr. Valetutto said the Jersey barriers will be opened to help the water drain and flow naturally. There is no proposal to pave this lot. The lot will stay the same as existing conditions except removing the buffer zone to put in trees and reduce the impervious area. Ms. Downey stated that a shrub on her property was damaged when the fence was installed. She would like to have that shrub removed and replaced with a new shrub. Mr. Birdsall stated they will take care of this with the neighbor directly. Ms. Downey also stated she is concerned about EV cars and vehicles being stored there. The applicant does not have the answer to this. There are no EV chargers or plans for EV chargers at the site. Mr. O’Brien stated any installation of Electrical Vehicle facilities would return to the board for site plan approval. Anthony Zazzarino of 463 Jaques Ave was sworn in. Mr. Zazzarino’s main concern is the flooding. It is a very serious problem in this area. Mr. Zazzarino wants to make sure no elevation changes are made in the area. If possible, Mr. Zazzarino would like to put a ditch around the property to help drain the water to the creek. Mr. Valetutto stated there will be no change to the grading. They are going to try to change the area to help with the runoff. No pavement will be added to the site, just the concrete apron in the front. Mr. Zapotocky would like a condition that the lot can never be paved. The public portion of the meeting was closed. Commissioner Zdan stated that the public testimony was different than the applicant’s testimony. December 2023 and April 2024 flooding took place in the area. Mr. Zdan wants to know if there was flooding or not. Mr. Birdsall stated they owned it in September 2023. They hadn’t done anything to the property until 2024. The dealership removed as many cars as possible during the threat of flood in April 2024. Commissioner Zdan would like to see more substantial drainage at the site. Commissioner Zdan wants to know if the applicant would be open to this. Engineer Bondar stated that increasing the buffer width, 20ft is required there is 0 ft now and 6 ft is being proposed. This could be increased, however this is a flood zone and will still flood. Commissioner Carrillo is concerned about the security of the site. The applicant is prepared to install a camera monitoring system to the site that can be monitored in real time. Mr. O’Brien asked who would monitor that security. It would be monitored by the site owner. Mr. O’Brien stated the board should consider this application is for a D-1 use variance. This should be treated as this was empty vacant land beforehand. There are bulk variances that are preexisting. Mr. Morse believes this is a low impact use in the zone. Commissioner Zdan motioned to approve the application with conditions that the lot will not be paved, security cameras with 24/7 monitoring be installed, any installation of EV infrastructure will require a return to the board, the approval is conditioned on going through the NJDEP process, the jersey barriers will be opened up to allow for drainage or removed as necessary from the rear of the property, and a buffer of plantings added to the rear of the property. Mr. Zdan would like to see the total impervious coverage on the site not to exceed 90%. Mr. O’Brien stated some other conditions to be added, operation will be Monday- Saturday with no evening hours. No carriers are to be used on the site. Only new cars are permitted on site. No tow trucks to be used. The site will not exceed 15 commercial vehicles on it. Street trees will be placed on Minna Street 30 ft. on center. Owner only access to the lot, no tenant access. The phone number on the emergency contact sign be available 24/7. Motion: Commissioner Zdan Second: Commissioner Gemenden Yes: Commissioners Zdan, Gemenden, Tomkiewicz, Zapotocky, Antisz, Smith, Anderson- Harvey, Carrillo and Chairman Hering No: none Abstain: none Absent: Commissioner Parson Motion Approved MINUTES: Any necessary changes to the Zoning Board of Adjustment meeting minutes of June 17, 2024 shall be made and approved by action of the Commissioners. Motion: Commissioner Zdan Second: Commissioner Zapotocky Yes: Commissioners Zdan, Gemenden, Zapotocky, Smith, Anderson-Harvey, Carillo and Chairman Hering No: none Abstain: Commissioners Tomkiewicz, and Antisz Absent: Commissioner Parson Minutes Approved The board agreed to create a resolution thanking Vice Chairman Pellettiere for his service to the board over the years. Adjourn: A motion was made to adjourn the meeting: Motion: Commissioner Zdan Second: Commissioner Gemenden Yes: Commissioners Zdan, Gemenden, Tomkiewicz, Zapotocky, Antisz, Smith, Anderson- Harvey, Carrillo and Chairman Hering No: none Abstain: none Absent: Commissioner Parson ADJOURN: There being no further business; the meeting was adjourned at 8:48pm.