Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, December 15, 2021 Via Microsoft Teams Members in Attendance: Jennifer Williams, Chair Trina McClendon, Vice Chair Fred Costanzo Carol Graff Mary Horne Brenda Turner Members Not in Attendance: Josue Colon Public Hearing Ms. Williams opened the hearing at 7:08pm. Mr. McGill read the Open Public Meetings Act. A quorum was verified. The Board appointed its professionals. CARRIED FROM NOVEMBER 21-Z-333CH 333 Chambers Street BL: 14208 L: 1-2 Residential “B” Zone Appeal by Project Manager Leoncio Vazquez of JAG Resources on behalf of Owner/Applicant Camilo Villanueva of 717 Greenwood Ave Trenton New Jersey08609, utilize existing vacated office space for a multi-service company with an eight foot by six-foot light box sign and to change the use of an attached residential unit into a two-family dwelling unit. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100 Parking) if applicable and Chapter 315- 205 Signs in a Residential Area. Adjourn 21-Z-333CH 333 Chambers Street to the December 22, 2021 public hearing on this platform at 7pm Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X X Carol Graff X Mary Horne X Brenda Turner X 21-Z-900LI 900-904 Liberty Street BL: 19601 L: 5, 5.01, 5.02 & 5.03 Residential B Zone Appeal by Project Manager Leoncio Vazquez of JAG Resources on behalf of Owner/Applicant Pedro Urgiles of 85 Irvington Place Hamilton New Jersey 08610, to erect/construct a roof covering over existing concrete pad for the bar/restaurant. The structure will be open air not enclosed with an entrance through the side. Requesting exception to Chapter 315-96 Use under 315-230 (3) Expansion of a Non-Conforming Use with any/all Bulk Requirements (315-99 thru 100 Parking) if applicable. Mr. Leoncio Vazquez (Project Manager) and Pedro Urgiles were sworn in. Mr. Leoncio introduced the project that is planned and the events that brought Mr. Urgiles before the Zoning Board tonight. Referencing Exhibit A-1 the Plans for the project were prepared by an architect Alfredo Turvino on 8/11/2021 Mr. Vazquez described what will be built and described the anticipated impact on the neighbors. He stated that this bar is not known as a nuisance. The Applicant responded to the Board’s professionals’ comments and the City’s recommendations. He noted that there will not be any stormwater runoff. The applicant agreed to put additional landscaping, two potted bushes, in the available area in the front of the property. There is a permit to serve food until 10pm and the area will be accessible from a side door in the back, which means they can access the area without walking through the kitchen. Mr. Wilkerson amended the City’s recommendation to be that the City does recommend approval of this application. Mr. Frank Farras, a resident in the area of this business, confirmed that no parking spaces that are in that parking lot will be affected by this project. Approval of 21-Z-900LI 900-904 Liberty Street with conditions Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X X Mary Horne X Brenda Turner X 21-Z-1122A 1122 Anderson Street BL: 19401 L: 23 Residential “B” Zone Appeal by Project Manager Leoncio Vazquez of JAG Resources on behalf of Owner/Applicant Henry Rojas/Jocelyn Rojas of 1217 S Clinton Avenue Trenton New Jersey 08611, Owner proposes to alter existing screened wood frame deck into a habitable living area (18’ x 19’ 6”) thus expanding the pre-existing apartment (two bedrooms-no change) and to change the first floor which previously a restaurant/bar into a mini make/grocery store. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100 Parking) if applicable. Mr. Leoncio (Project Manager), Mr. Henry Rojas, and Ms. Jocelyn Rojas (translator) were sworn in. Mr. Leoncio introduced the project. Mr. Vazquez indicated that this building is outfitted currently to be a grocery store however the property is unoccupied. The property is not conducive to being converted to a single-family unit as it is set up to have commercial use. The Applicant confirmed that there will not be any food preparation done in the store. There will be a 4’x3’ box light sign internally lit installed, which is why a sign variance is being sought. It will only be lit during the business hours of 7 AM - 9 PM. Ms. Williams asked for public comment. Ms. Lorraine Anderson was sworn in to speak against this project. She indicated that the firewall and soundproofing were removed when the Applicant started the renovation, and now she smells sewage fumes from that property and hears all of the sound on the other side of the wall now, such as children running and people talking. Mr. Vazquez indicated that it was removed because of substantial water damage. He noted that there will be a firewall erected, and soundproofing will be reinstalled. She expressed concern about the buzzing from the commercial refrigeration. Ms. Anderson asked that the 2-story exhaust system be removed since there will be no food preparation on the premises of the grocery store. The Applicant agreed to take down the existing exhaust system. Mr. Vazquez indicated that the dumpster for the business will be on the parking pad not in the rear yard. The building has some parking attached and deliveries and customers will use that when visiting the store. Ms. Anderson indicated that she is concerned that there is another business being inserted into the neighborhood when there are already grocery-like stores in the area. The Applicant indicated that what is present are ‘little bodegas’ and they are looking to start a mini-mart, such as a mini-grocery store with only dry goods but not hot foods. A mini-mart will have fresh fruits, vegetables, and fresh meats. The Board encouraged the Applicant to meet with Ms. Anderson at the site to review all of her concerns and strategize together on how to resolve them to provide strong reassurance that this project will not be a detriment to this neighbor. Approval of 21-Z-1122A 1122 Anderson Street with the conditions listed by the City and the Board’s professionals with the additional stipulation that sound proofing and a fire wall be added to the project. Additionally, the applicant will also investigate the sewer smell, the dumpster will be located on the parking pad, and the exhaust system will also be removed. The Applicant will meet with Ms. Anderson to resolve her concerns and Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X X Mary Horne X Brenda Turner X CARRIED FROM OCTOBER 21-Z-1600C 1600 Calhoun Street BL: 9304 L: 8-9-10-11 Business “B” Zone 140 Kirkbride Ave Block 9304 Lot 9 139 AFT W Paul Ave Block 9304 Lot 11 Appeal by Applicant /Owner Anthony Sessa 81 Tanglewood Drive Staten Island New York 10308-1853, to reintroduce an auto repair shop, with auto sales and storage of vehicles into a previous vacated building. Requesting exception to Chapter 315-117 Permitted uses in the Business “B” Zone, 315-120 any/all Bulk Requirements and Parking if applicable under Chapter 315-100. Adjourn 21-Z-1600C 1600 Calhoun Street to the January 19, 2021 public hearing on this platform at 7pm Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X X Carol Graff X Mary Horne X Brenda Turner X 21-Z-1218C 1218-1220 S Clinton Avenue BL: 19203 L: 12-13-14 Business “B” Zone Appeal by Applicant Eddy Diaz 1218 S Clinton Ave Trenton New Jersey on behalf of the owner Elvin Johnson of the same address to approve a previously constructed roof over an existing deck to utilize outdoor seating/dining at a pre-existing restaurant/bar. Requesting exception to Chapter 315-117 Permitted uses in the Business “B” Zone, 315- 120 any/all Bulk Requirements and Parking if applicable under Chapter 315-100. Adjourn 21-Z-1218C 1218-1220 S Clinton Avenue to the January 19, 2021 public hearing on this platform at 7pm Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X X Carol Graff X Mary Horne X Brenda Turner X NEW 21-Z-816SC 816-818 S Clinton Avenue BL: 16206 L: 11-10 Residential “B” Zone Appeal by Project Manager Leoncio Vazquez of JAG Resources on behalf of Owner/Applicant Marvin Tyler 66 Sayreville Blvd. Sayreville New Jersey, 08872, Owner proposes to construct a single building having multiple units (four family dwelling units) on vacant lots (to be consolidated if approved). Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100 Parking) if applicable and Chapter 315-205. Mr. Leoncio Vazquez and Mr. Marvin Tyler were sworn in. Mr. Vazquez introduced the project and how this application came to be before the Board tonight. Mr. Tyler explained the progression of his purchase of the properties. He noted that there will be 3 parking spots for 4 apartments in the back of the building. It will be wood framed and stick built. He said that he has done property development in Trenton before. He described other properties in the vicinity that are 4 – 5 family developments, which is what gave him the idea to construct this project. Mr. Tyler indicated that the four-unit property is beneficial because the newest construction will raise the property values in the neighborhood, there will be more tax rateables for the City, and this development will make more housing available for those wanting to live in this area. Mr. Bucchi indicated that there could be up to 4 people per unit. The Board asked the Applicant to consider lowering the number of units for this project. The City confirmed that the wall between the two buildings align with the lot line. Mr. Wilkerson explained that developments such as this one are proposed in the Master Plan to encourage the increase of density in this area. Approval of 21-Z-816SC 816-818 S Clinton Avenue Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X X Fred Costanzo X Carol Graff X Mary Horne X Brenda Turner X The Applicant has 45-days from the time the Resolution is published to appeal to the Superior Court. The Resolution is planned to be presented for memorialization on January 19, 2021. The Board advised that the Applicant can return before the Board if the plans are significant different than what was originally submitted and voted down. Mr. McGill indicated that the Board makes decisions on the Land Use reasoning and nothing else. 21-Z-3DAYT 3 Dayton Street BL: 20002 L: 2-3-4-5-6 Residential “B” Zone Appeal by Project Manager Leoncio Vazquez of JAG Resources on behalf of Owner/Applicant Marjorie Rodriguez 2864 Nottingham Way Hamilton Twp. New Jersey 08619 to expand rear first floor with addition to the second floor to utilize space for additional seating and improvements to existing parking lot. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100 Parking) if applicable and Chapter 315-205 Signs in a Residential Area. Adjourn 21-Z-3DAYT 3 Dayton Street to the December 22, 2021 public hearing on this platform at 7pm Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X X Mary Horne X Brenda Turner X 21-Z-325RU 325 Rutherford Avenue BL: 4601 L: 40 Residential “B” Zone Central West Redevelopment Area Appeal by Applicant Marshadey Kershaw 121 Arber meadow Drive Sicklerville New Jersey 08081 on behalf of the Owner Kershaw & People Enterprise LLC, to re- occupy the above non-conforming vacated use of a two-family dwelling unit as a two-family dwelling unit. Requesting exception to Chapter 315-230 A (4) “Non-Conforming Use” and/or Chapter 315-96 Use in a Residential B Zone with any/all Bulk Requirements (315-99 thru 100 Parking) if applicable. This matter can only be heard if there is an attorney to represent the LLC, as the LLC is the owner of the property. The Applicant was not aware of this requirement of the law and will secure an attorney. They requested to adjourn the matter until an attorney can be secured. Adjourn 21-Z-325RU 325 Rutherford Avenue to the December 22, 2021 public hearing on this platform at 7pm Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X X Mary Horne X Brenda Turner X 21-Z-602DI 602 Division Street BL: 20704 L: 26 Residential “B” Zone Appeal by Project Manager Leoncio Vazquez of JAG Resources on behalf of Owner/Applicant Abel Sanchez of 1508 East Howell Street Philadelphia, PA 19149, Owner proposes to utilize vacated commercial space as a deli serving cold food and retail pre-packaged good and separate the residential portion of the structure for continuance of that same with signage. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100 Parking) if applicable and Chapter 315-205 Signs in a Residential Area. Mr. Leoncio Vazquez (Project Manager), Jocelyn Rojas (interpreter) and Mr. Abel Sanchez were sworn in. Mr. Vazquez introduced the project. It is proposed to expand the kitchen and rip up the pavement and install pavers for outdoor entertainment. The attic will be used for storage and the Applicant’s family will live in the residential portion of the property while returning the business use to the site. The business use is not yet determined but it will not be a bar or a restaurant. Likely it will be a store or an office. The Applicant is willing to stipulate that the business use will be either an office or retail. A variance for a sign is sought as there will be lettering on the front-window of the building. Potted plants will be installed on the side of the building. Approval of 21-Z-602DI 602 Division Street with stipulation that it will not be used for a bar or eating establishment and a sign variance is granted not to exceed in size a 5’x5’ stenciled window sign. Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X X Mary Horne X Brenda Turner X The Board discussed migrating the Board’s organization to a year that aligned with the City’s calendar budgeting year of January to December. In order to do that terms may need to be extended for both Board professionals and Zoning Board Members. Mr. Wilkerson described the process for using an RFP process to solicit the Board’s Attorney, Traffic Consultant, and Engineer. Top Scoring RFP respondents: • Engineering - CME • Traffic - Bright View • Planning - Taylor Design Group • Legal - McGill & Hall Accept the scoring team’s recommendation and retain the services of McGill Hall for the Board’s legal consultant for a year contract. Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X X Mary Horne X Brenda Turner X Accept the scoring team’s recommendation and retain the services of CME as the Board’s Engineer for a year contract. Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X X Carol Graff X Mary Horne X Brenda Turner X Accept the scoring team’s recommendation and retain the services of Bright View as the Board’s Traffic Consultant for a year contract. Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X X Carol Graff X Mary Horne X Brenda Turner X Accept the scoring team’s recommendation and retain the services of Taylor Design Group as the Board’s Planning Consultant for a year contract. Member Aye Nay Abstain Motioned Seconded Jennifer Williams, Chair X X Trina McClendon, Vice Chair X Fred Costanzo X X Carol Graff X Mary Horne X Brenda Turner X Meeting Adjourned 10:54pm Cherry Oakley, Zoning Board Secretary